Agenda of Ordinary Meeting of Council

Reports submitted to the Ordinary Meeting of Council to be held on Monday 11 March 2024.

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 11 March 2024

ORDER OF BUSINESS:

CLAUSE PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 2

REFLECTION 2

APOLOGIES 2

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 26 FEBRUARY 2024 2

DECLARATIONS OF INTEREST 2

Reports from Staff

RP-1 NORTH WAGGA FLOOD MITIGATION OPTION PROJECT 3

RP-2 ACTIVE TRAVEL PLAN STAGE 1 (ATP1) 8

RP-3 PRESENTATION SISTERS - AVENUE OF TREES 14

RP-4 FINANCE POLICIES - PROPOSED AMENDMENTS 20

RP-5 OPERATIONAL PERFORMANCE REPORT - 1 July 2023 to 31 December 2023 47

RP-6 QUESTIONS WITH NOTICE 51

Committee Minutes

M-1 FLOODPLAIN RISK MANAGEMENT ADVISORY COMMITTEE - 7 DECEMBER 2024, 15 FEBRUARY 2024 & 27 FEBRUARY 2024 56

Confidential Reports

CONF-1 RFT2024-15 EFFLUENT POND LINING DESIGN & CONSTRUCT NARRUNG ST AND KOORINGAL SEWERAGE TREATMENT WORKS 75

CONF-2 PROPOSED LEASE OF AIRSPACE OVER PUBLIC ROAD ADJACENT TO 99 FITZMAURICE STREET, WAGGA WAGGA 76

CONF-3 RFT2024-03 ROADSIDE VEGETATION & GROUNDS MAINTENANCE 77

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 - 26 FEBRUARY 2024

Recommendation

That the Minutes of the proceedings of the Ordinary Council Meeting held on 26 February 2024 be confirmed as a true and accurate record.

Attachments

1 ⇩.

Minutes - Ordinary Council Meeting - 26 February 2024

DECLARATIONS OF INTEREST

Report submitted to the Ordinary Meeting of Council on Monday 11 March 2024

RP-1

Reports from Staff

RP-1 NORTH WAGGA FLOOD MITIGATION OPTION PROJECT

Author: Andrew Mason

Executive: Phil McMurray

Summary:

This report outlines the next step in relation to the North Wagga Flood Mitigation Options Project and seeks the endorsement of Council to place documents on public exhibition.

Recommendation

That Council:

a notes the recommendation from the Floodplain Risk Management Advisory Committee

b receives the draft Reports prepared by consultants regarding the North Wagga Flood Mitigation Options and place those on public exhibition for a minimum period of 28 days from 15 March 2024 and invite public submissions until 19 April 2024 on the draft Reports

c receive a further report following the public exhibition and submission period addressing any submission and providing a recommendation for flood mitigation options for North Wagga

Report

Executive Summary

Council’s Floodplain Risk Management Advisory Committee have been working to review North Wagga Flood Mitigation Options.

The Floodplain Risk Management Advisory Committee at its Meeting 27 February 2024 recommended the following to Council:

That the Floodplain Risk Management Advisory Committee receive and note the draft report and recommends to the Council that it receive the report and places it on Public Exhibition.

The committee notes its preliminary view is to recommend a combined approach that is staged and includes:

a. Upgrading the existing North Wagga Levee system (Stage 1 of L4B - 5% AEP (1 in 20)) and offering Voluntary House Raising and Purchase subject to risk reduction and cost effectiveness

b. Increasing the road heights and bridges along Hampden Ave to provide a safe evacuation route (Stage 2 of Option L4B) subject to funding

This preliminary view will be updated following the Public Exhibition before a final recommendation from the Floodplain Risk Management Advisory Committee is made to Council.

This report asks for the consideration of Council to receive the draft Reports and place them on Public Exhibition.

Background

The Floodplain Risk Management Advisory Committee have been oversighting expert consultants as they have undertaken a North Wagga Flood Mitigation Options Feasibility Study.

That work was based on the recommendations from the Wagga Wagga Revised Murrumbidgee River Floodplain Risk Management Study and Plan (FRMS&P).

The options considered for flood mitigation were:

· PRI: Voluntary House Raising (VHR) and Voluntary House Purchase (VHP) for eligible properties on the floodplain (e.g. North Wagga, Oura and Gumly Gumly).

· L4B: North Wagga Levee System Upgrade to withstand a 5% AEP (1 in 20 chance) flood event combined with increase in some road heights and bridges along Hampden Ave to provide a safe evacuation route for residents from North Wagga. This would also include conveyance improvements through Wilks Park. The North Wagga Levee system would be upgraded first (Stage 1), and at a later stage the surrounding works would be constructed (Stage 2).

· A combined approach that is staged and includes:

a. Offering Voluntary House Raising and Purchase to those outside the levees, subject to risk reduction and cost effectiveness (L4B)

b. Increasing the road heights and bridges along Hampden Ave to provide a safe evacuation route (Stage 2 of Option L4B)

c. VHP and VHR for those inside the North Wagga Levee System, subject to risk reduction and where it is cost effective to do so.

Council engaged the Centre for International Economics (CIE) to undertake the feasibility study. The CIE and their subconsultants, have now completed draft Reports with the analysis and findings. Their reports cover, economic analysis, environmental constraints and impacts, community consultation, and flood impact analysis.

Reports

The Reports, as attached, are presented for public exhibition, and include:

· Flood Mitigation Options for Wagga Wagga, Evaluation of options (CIE, Feb 2024)

· Flood Mitigation Options for Wagga Wagga, Evaluation of options (CIE, Oct 2023)

· North Wagga Flood Mitigation Community Engagement Report Phase 2 (Woolcott Research, 2024)

· North Wagga Flood Risk Mitigation Community and stakeholder Engagement Study (Woolcott Research, 2023)

· Assessment of Environmental Constraints North Wagga Flood Mitigation Options (NGH, 2023)

· Biodiversity Assessment Report North Wagga Flood Levee (NGH, 2023)

· Flood Impacts of Flood Mitigation Options for North Wagga (WMA Water, 2024)

Key Findings

· the combined L4A with a targeted VHR/VHP to high risk residents outside North Wagga delivers the best outcome for the community. However, there may be challenges for some households due to accessibility issues which could result in additional costs above the assumed $120,000/property raising.

· L4B by itself or in combination with any other strategies is too expensive to be cost effective, regardless of the size of potential benefits.

· VHR and VHP delivers positive outcomes for the community where it is applied to high risk properties where the risk reduction is greater than the cost of the actions. This suggests a strategic approach to the application of these policies based on estimated risk reduction.

· Further, the VHP policy could be more efficient where the purchase applies only after flooding. A pre-emptive policy would immediately "destroy" the value of the property with certainty, compared to the comparatively low probability of this. An alternative would be to purchase a property pre-emptively but maintain it as part of the housing stock until it is damaged by a flood event which could be in, say, 10 years' time.

· In implementing the proposed levee it is important to recognise that water is diverted to other parts of the floodplain, potentially negatively impacting on some properties. However, where negative impacts occur these are typically only result in minor increases flood depths. The risk reduction benefits of the levee substantially outweighs the potential negative impacts on some properties.

Community Engagement

A program of staged community engagement was undertaken on this project. Initially feedback was obtained by a Community Engagement Forum and the one-on-one in-depth interviews (Phase 1). This community feedback was used to fine tune the proposed solutions for flood mitigation.

Wider community surveys were then undertaken (Phase 2). The report provides the detailed feedback from this engagement.

There is alignment between the community feedback received and the key findings as proposed above.

Environmental Findings

The proposal is characterised as flood mitigation work and would be undertaken by a public authority. The Proposal is permissible without development consent under part 5 of the EP&A Act. An Environmental Impact Assessment would need to be carried out for the project. A site assessment of biodiversity values to be impacted by any proposed work would be required for the construction of the proposal.

Financial Implications

2023/24 Budget Summary as at 6 March 2024:

Budget	Amount
Grant Income	$93,435
Stormwater Levy	$66,000
SRV Levy Reserve	$46,718
Total Funding/Budget	$206,153

Actuals + Commitments	Amount
Actuals	$136,967
Commitments	$71,530
Total	$208,497

Deficit	($2,344)

The deficit amount will be funded from additional Stormwater Levy funds at the end of the financial year.

Job 19555 – North Wagga Flood Mitigation Study

Policy and Legislation

Local Government Act 1993

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

A program of staged community engagement was undertaken on this project. The next phase is Public Exhibition.

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.	Flood Mitigation Options for Wagga Wagga Feb 2024 CIE - Provided under separate cover
2 .	Flood Mitigation Options for Wagga Wagga Oct 2023 CIE - Provided under separate cover
3 .	Woolcott North Wagga Flood Mitigation Community Consultation Analysis Phase 2 - Provided under separate cover
4 .	Woolcott North Wagga Flood Mitigation Community Engagement Report - 2023 - Provided under separate cover
5 .	Assessment of Environmental Constraints NGH - Provided under separate cover
6 .	Biodiversity Assessment Report NGH - Provided under separate cover
7 .	Flood Impact Anlaysis -WMA- North Wagga Options - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 11 March 2024

RP-2

RP-2 ACTIVE TRAVEL PLAN STAGE 1 (ATP1)

Author: Silas Darby

Executive: Phil McMurray

Summary:

This report is for Council to consider the information presented for Active Travel Plan Stage 1 (ATP 1) consisting of the project status, remaining budget and additional budget required for the remaining work to complete the project.

Recommendation

That Council:

a note the status of the Active Travel Stage 1 project

b authorise the General Manager or their delegate to draft the amendment to the Local Infrastructure Contributions Plan (LICP) as outlined in the Financial Implications section of this report

c authorise the General Manager or their delegate to place the draft amendment to the Local Infrastructure Contributions Plan (LICP) on public exhibition for a period of 28 days and invite public submissions

d receive a further report following the exhibition and submission period addressing any submission made in respect of the draft document

Report

Background

The Active Travel Plan Stage 1 (ATP 1) project has 10 links, shared bicycle and pedestrian paths, as shown in the map below. The project commenced in 2018 starting with planning, budgeting and design work. The construction of some sections of the links with approved design commenced from mid-2019.

The project continued through the COVID-19 pandemic and, barring a few small elements (islands, signs, paint etc) is complete, excluding the Forest Hill link.

A large portion (3.6km) of the Forest Hill link is, in turn, planned to be on the railway reserve between Bakers Lane and Elizabeth Avenue. This requires the permission of Transport for NSW and their appointed representative UGL (previously John Holland). Initial applications were made by the project to gain access to the rail corridor in 2019 and formal submissions in 2020. Subsequent to John Holland handing over to UGL we were required to start the process again in January 2022. To date we still do not have formal permission to access the corridor despite assurances that this is imminent. The importance of this corridor is that there is no way to access Elizabeth Avenue without it, short of acquiring private land which would be extremely time consuming (although in hindsight, probably not as long as this!)

Implications for Forest Hill link

The delay to the possible start of the Forest Hill link has had two fundamental effects:

1. Lessons learned from the remainder of ATP

When the project was started the intention was to utilise a 120mm crushed rock base with a 30mm asphalt overlay on most constructed links, with one being in concrete (Levy link). The thinking was that the light traffic of bicycles and pedestrians would not put too much strain on the pathway. The crossings and portions of the path where vehicles were intended to travel were constructed in concrete to resist the loads inflicted. For much of the network this has been successful, but, in areas with highly reactive clay or areas with constant flood inundation it has been less so and concrete has been required. In these areas of highly reactive clay, the pathways have split longitudinally and to depths in excess of 500mm in transition of periods of wet to dry or vice versa. This has in turn required extensive maintenance not originally intended. The obvious solution has been to replace the asphalt with concrete in these areas, such as the end of Mitchell Road to Bakers Lane (1.3km). Equally areas of high inundation, flood plains etc have shown the asphalt option to be problematic as it requires virtual replacement after every flood event. Where this has been replaced with concrete, no such issues have arisen. An example being the crossing at Parkan Pregan bridge which has been submerged 4 times since construction, with no effect.

2. Time delay in starting:

As most are aware the past three years has shown an enormous increase in construction costs. The cause of this can be laid at a number of “doors”, whether one looks at wars in the Ukraine, the middle east, the European gas crisis, doesn’t really matter, the consequences for construction budgets has been dire (a record 2349 construction companies insolvent in 2023). The increase in cost between the time of solidifying the budget and obtaining funding and now is in excess of 50%! Using our specified footpath as an example:

Description

Rate at start Rawlinsons

Rate now

Rawlinsons

% increase

120mm Crushed rock/road base

$12.15/m2

$20.90/m2

72%

30mm Asphalt layer

$26.65/m2

$35/m2

31%

Further to this we have expended our project management allowance for the whole of the works in the time elapsed and any further managed works will require additional expenditure.

While anything requiring metals or hydrocarbons in transport or manufacture have increase more, all prices have increased markedly:

Rawlinsons Indices

2018 ave	121.18
Q4 2023	168.79
Difference	47.61
Increase	39%

Financial Implications

The original project budget is $13,206,991 funded by WWCC ($1,454,138), RMS funding ($403,324) and State Government ($11,349,529). A total budget of $13,206,991.00.

Against this budget the following has been expended to completion, excluding the Forest Hill link*:

Link	Cost and commitments to date	Remaining to be spent	Total at completion
Bourke Street	1,195,808.00	44,000.00	1,239,808.00
Central	881,715.00	155,196.00	1,036,911.00
Forest Hill*
Kapooka	1,892,532.00		1,892,532.00
Kooringal	919,886.00	35,000.00	954,886.00
Morgan	686,925.00	15,000.00	701,925.00
Red Hill	507,261.00		507,261.00
University	2,080,722.00	79,486.00	2,160,208.00
Wollundry	232,619.00		232,619.00
Levy	784,921.00		784,921.00
Other – bridges etc	1,854,452.00	220,000.00	2,074,452.00
Total	11,036,841.00	548,682.00	11,585,523.00
Budget allowed			13,206,991.00

Budget remaining			1,621,488.00

The budget allowed for the Forest Hill link was $1,286,885.00 so this leaves the original sum for Forest hill plus a theoretical contingency of $334,603.00 (26%). Unfortunately, with time having elapsed and the lessons learned from previous links the following is the proposed cost of the works:

Item	Budget	Comment
Forest Hill link	$1,286,885	Original budget in 2018/19
Kyeamba crossing between Kooringal and Vincent – reinforced concrete pathways on stabilised gravel base with edge beams.	$278,114	New work required at 2018/19 rates
Replace asphalt paving with concrete 3250m2 @ additional $100.00/m2	$325,000	New work required at 2018/19 rates
Crossing to Bakers Lane similar to Red Hill adjacent to the rail bridge	$150,000	New work required at 2018/19 rates
Tree removal (required by UGL)	$50,000
Cost Escalation (approximately 50%)	$800,000	Based on full value at 2018/19 rates
Additional PM charge	$150,000	Period of project has elapsed, previous allowance spent.

Total cost	$3,039,969

Remaining budget	$1,621,488

Shortfall	$1,418,481

The proposed funding sources to allow completion of the project in its entirety is a combination of developer contributions included within the Local Infrastructure Contribution Plan (LICP). These plan items were for the provision of shared paths and footpaths around the City, some of which have been delivered by the Active Travel project. All off-road Active Travel paths have been designed to provide accesses for cyclists, pedestrians, and other forms of active travel.

To ensure transparency and to in order to meet Council’s statutory requirements it is proposed to amend the LICP to reflect the proposed use of the funds. These changes would be placed on public exhibition for a period of 28 days, before the presentation of a report to Council detailing the outcomes of the consultation. It is proposed that these changes will be placed on public exhibition with other amendments required to facilitate the Blake Street Works in Kind agreement as resolved at the 6 November Ordinary Meeting of Council.

Council will continue to advocate for additional funding from State Government to fulfil networks of footpaths and active travel in Wagga Wagga.

Job No.	Link	Amount	Budget Remaining
19608	S7.11 TT8 - Shared Paths - Ashmont and Glenfield	$42,275	$0
19609*	S7.11 TT9 – Shared Paths - Boorooma, Estella, Goobagomblin	$200,000	$60,044
19610*	S7.11 TT10 – Shared Paths – Bourkelands and Lloyd	$11,306	$0
19611	S7.11 TT11- Shared Paths – Central and North Wagga Wagga	$51,613	$0
19612*	S7.11 TT12 – Shared Paths – Between the CBD and Forest Hill	$200,963	$0
19613*	S7.11 TT13 – Shared Paths – Forest Hill	$147,660	$0
19614	S7.11 TT14 – Shared Paths – Lake Albert and Tatton	$6,594	$0
19615	S7.11 TT15 – Shared Paths – Mount Austin, Tolland and Turvey Park	$24,680	$0
19618*	S7.11 TT17 – Footpaths - Boorooma, Estella, Goobagomblin	$100,000	$155,319
19620*	S7.11 TT19 – Footpaths – Central and North Wagga	$33,390	$36,304
19622*	S7.11 TT21 – Footpaths – Forest Hill	$120,000	$88,725
19623*	S7.11 TT22 – Footpaths - Kooringal	$130,000	$22,835
19624*	S7.11 TT23 – Footpaths – Lake Albert and Tatton	$100,000	$129,050
19625*	S7.12 TT24 – Footpaths - Mount Austin, Tolland and Turvey Park	$50,000	$232,210
	Additional unallocated S7.11 contributions received via CPI increases in contribution rate	$200,000	N/A
	Total	$1,418,481

*These projects are in the existing LTFP 10 year capital works program. The S7.11 funding allocation on these projects will be reduced by the amounts above.

Policy and Legislation

Budget variations are reported in accordance with Council’s POL 052 Budget Policy.

Link to Strategic Plan

Safe and Healthy Community

Objective: Our community embraces healthier lifestyle choices and practices

Promote access and participation for all sections of the community to a full range of sports and recreational activities

Risk Management Issues for Council

This report is a control mechanism that assists in addressing the following potential risks to Council:

· Loss of investment income or capital resulting from ongoing management of investments, especially during difficult economic times

· Failure to demonstrate to the community that its funds are being expended in an efficient and effective manner.

Internal / External Consultation

The projects division have consulted all relevant parties of Council to confirm the budget variation.

Report submitted to the Ordinary Meeting of Council on Monday 11 March 2024

RP-3

RP-3 PRESENTATION SISTERS - AVENUE OF TREES

Author: Ben Creighton

Executive: John Sidgwick

Summary:

Council has received a request from the Presentation Sisters Wagga Wagga to commemorate the 150^th anniversary of the first five Sisters from Ireland to provide Catholic education in Wagga Wagga. They propose to contribute funds to create an avenue of trees on Burke Street between Redhill Road and Holbrook Road.

Recommendation

That Council:

a note the request from the Presentation Sisters

b accept the funding offer of $14,762 from the Presentation Sisters to establish a tree corridor in Bourke Street

c approve the budget variations as detailed in the Financial Implications section of the report

Report

Council has received a request from the Presentation Sisters Wagga Wagga to commemorate the 150th anniversary of the first five sisters from Ireland to provide Catholic education in Wagga Wagga. They propose to contribute funds to create an avenue of trees on Burke Street between Redhill Road and Holbrook Road.

Representatives of the Presentation Sisters met with the Mayor, General Manager, and staff to discuss this request. Staff have since completed a concept plan and costing to establish the tree corridor.

The total cost of preparing for site planting, purchasing of the trees, planting, staking, and watering the trees for 2 summers is $34,238. It is proposed that the Presentation sisters contribute the cost of the 93 trees and associated materials, while Council would contribute the planting of the trees and two summers of watering.

The presentation Sisters have also requested that Council consider naming the avenue of trees and that section of the road the Presentation Way. Although signage acknowledging the reason for the avenue of trees is supported, during the discussion with the Presentation Sisters it was identified the changing of the name of the road would be significantly more complex as it would require consideration by the Geographical Names board of NSW. Given this, it was determined not to proceed with changing the road name.

To assist in the commemoration of the event, the Mayor has also offered to host a Mayoral reception which has been accepted by the Presentation Sisters.

Financial Implications

The total cost of preparing for planting, purchasing of the tree, planting, staking, and watering the trees for 2 summers is $34,238.

It is proposed that the Presentation sisters contribute the cost of the trees, mulch, and stakes and Council contribute the cost of planting, plant hire and watering.

Contributor	Amount
Presentation Sisters - 93 Claret Ash trees - Soil - Mulch - Stakes - Tree Ties	$14,762
Council Costs - Labour to plant trees - Plant - Watering at Planting - Watering for two summers	$19,476
Total	$34,238

It is proposed that Council contribution will be funded using existing resources and budgets.

A separate job number in the finance system will be created to manage the project, recognising the $14,762 contribution to be received from the Presentation Sisters, along with the Council costs to manage the trees over the two-year period.

A Mayoral Reception has also been offered in commemoration of the 150-year anniversary. The cost of this is anticipated to be $4,000-$5,000 and funded from the existing Mayoral Function budget.

Policy and Legislation

Recreation Open Space and Community Strategy and Implementation Plan

Urban Cooling Strategy 2022-2052

Link to Strategic Plan

Community Place and Identity

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

Promote a strong sense of place

Risk Management Issues for Council

The risks associated with implementing this relate to process, cost, environmental, and WHS. These risks are addressed as part of Council’s project management and WHS management systems.

Internal / External Consultation

External Consultation has been undertaken with the Presentation Sisters.

Internal Consultation has been undertaken with the General Manager, Mayor, Infrastructure Services and Regional Activation Directorates.

Attachments

1 ⇩.	Presentation Sisters - Letter
2 ⇩.	Presentation Sisters - Proposal

Report submitted to the Ordinary Meeting of Council on Monday 11 March 2024

RP-4

RP-4 FINANCE POLICIES - PROPOSED AMENDMENTS

Author: Carolyn Rodney

Summary:

A scheduled review of the Procurement and Disposal Policy and the Corporate Purchase Card Policy has been undertaken Amendments being proposed to policies require the endorsement of Council prior to the policies being placed on public exhibition.

Recommendation

That Council:

a place the draft Procurement and Disposal Policy (POL 110) and the draft Corporate Purchase Card Policy (POL 053) on public exhibition for a period of 28 days from 12 March 2024 to 9 April 2024 and invite public submissions on the draft Policies during this period

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

i addressing any submissions made with respect to the proposed Procurement and Disposal Policy (POL 110) and Corporate Purchase Card Policy (POL 053)

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

Report

A scheduled review of Council’s Procurement and Disposal Policy (POL 110) and Council’s Corporate Purchase Card Policy (POL 053) has been undertaken with the draft revised policies to be placed on public exhibition for a period of 28 days prior to formal adoption of Council.

A summary of the proposed amendments is provided below.

Draft Procurement and Disposal Policy (POL 110)

The requirement to receive two written quotes is proposed to be increased from $1,500 up to $5,000.

The $1,500 threshold amount dates back to approximately 2008. The $5,000 amount has been deemed to be at the appropriate level by Management, considering:

· efficient business operations;

· ensuring value for money is achieved;

· risk tolerance level

Draft Corporate Purchase Card Policy (POL 053)

The policy is deemed appropriate with no major changes proposed.

At the 22 February 2024 Committee meeting, the Audit, Risk and Improvement Committee resolved the following:

RP-8 PROPOSED AMENDMENTS TO FINANCE POLICIES

Recommendation:

On the Motion of C Rosetta-Walsh and Councillor M Henderson

That the Audit, Risk and Improvement Committee review and provide feedback on the proposed amendments and provide an endorsement to Council for the following policies:

a Procurement and Disposal Policy (POL 110)

b Corporate Purchase Card Policy (POL 053)

CARRIED

Both policies are provided for Councillors review, with the proposed changes shown via track changes for reference.

It is recommended that the Draft Policies be placed on public exhibition and Council invite public comments prior to its further consideration with amendments as required and final adoption.

Financial Implications

As outlined in the Report.

Policy and Legislation

Procurement and Disposal Policy (POL 110)

Corporate Purchase Card Policy (POL 053)

Link to Strategic Plan

Community leadership and collaboration

Ensure transparency and accountability

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 decision-making. In the absence of effective policies there is a greater risk of inconsistency, confusion and inefficiency.

Internal / External Consultation

Consultation has been held internally across Council with relevant parties. Given the financial and public transparent nature of this policy, The Audit, Risk and Improvement Committee (ARIC) reviewed and endorsed for the proposed revised policies to be placed on public exhibition, inviting public submissions.

The draft policies will then be presented back to Council for adoption addressing any submission made in relation to them.

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 ⇩.	Procurement and Disposal Policy (POL 110) - Proposed Amendments March 2024
2 ⇩.	Corporate Purchase Card Policy (POL 053) - Proposed Amendments March 2024

Report submitted to the Ordinary Meeting of Council on Monday 11 March 2024

RP-5

RP-5 OPERATIONAL PERFORMANCE REPORT - 1 July 2023 to 31 December 2023

Author: Scott Gray

Summary:

This report provides details of Council’s performance against the Combined Delivery Program and Operational Plan 2023/2024 as at December 2023.

Recommendation

That Council receive and note the Operational Performance Report for the period 1 July 2023 to 31 December 2023.

Report

In accordance with the Integrated Planning and Reporting (IPR) framework, Council is required to report its progress against the Delivery Program at least every six months.

The Operational Performance Report 2023/24 six-monthly progress update provides an overview of Council’s activities and performance between 1 July 2023 to 31 December 2023.

Through this report, we look at what we’ve accomplished throughout the first half of the financial year and the progress we’ve made in implementing Council’s Delivery Program and Operational Plan 2023/24.

The five strategic directions as set out in the Community Strategic Plan 2040 provide the structure for the report demonstrating our commitment to achieving our long-term objectives and ultimately our community’s vision for the future.

In addition to the Capital project performance July to December 2023 (included in the report), project reports have been provided on a regular basis through the monthly finance report and through the bulletin.

Action status key

Actions are assigned a status (as per the following table) to identify their level of completion against expected outcomes for the financial year.

0	Not scheduled to commence	Indicates that an action was not due to commence during the reporting period
n	Off track / On hold	Indicates that an action is at risk, and generally relates to the target for the reporting period not being met or the action is on hold
n	Monitor	Indicates that an action may be at risk if issues are not addressed, and generally relates to the target for the reporting period not being met
n	On track	Indicates that an action is on track this financial year and generally relates to the target for the reporting period being met
	Completed	Indicates that an action has been completed this financial year and generally relates to the target for the reporting period being met

Summary of Performance

Overall Council has performed well during the period with 88.67% of operational plan actions being either on track or completed. Below is a summary of status by all actions as well as a summary of status by strategic direction.

All Actions

Performance by Strategic Direction

Financial Implications

N/A

Policy and Legislation

NSW 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

N/A

Internal / External Consultation

Internal consultation has been undertaken with responsible officers, managers and directors.

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

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Inform

Consult

Involve

Collaborate

Other methods (please list specific details below)

Attachments

Operational Performance Report - 1 July 2023 to 31 December 2023 - Provided under separate cover

Report submitted to the Ordinary Meeting of Council on Monday 11 March 2024

RP-6

RP-6 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 R Foley requested that Council inspect the condition of Reddoch Drive, Wagga Wagga, and advise of proposed action to address the road condition.

Council officers have inspected Reddoch Drive. Filling of pot-holes will be undertaken ASAP.

Councillor R Foley asked the following questions in relation to Council’s graffiti management:

· What is council’s policy on graffiti removal?

· Does council have any designated areas for graffiti art to be undertaken freely by youth or others within the city?

· Does Council have the authority to issue fines to vandals?

· Does Council have the autonomy to set the fine amount?

What is Council’s policy on graffiti removal?

Council’s operational graffiti management plan sets out the service standard responses and other general information including how to report graffiti in the community with the following service levels noted:

1.2.1 Graffiti removal is assessed and removed based on the following service levels:

High Impact – relating to obscene pictures or phrases in highly visible areas.

A target of 1 hour has been set for responding to high impact graffiti and 4 hours for rectification.

Medium Impact – relating to non-offensive graffiti in highly visible areas. A target of 8 hours for response and 7 days rectification

Low Impact – relating to non-offensive, nuisance graffiti eg. tagging Council signage. A target response is 1 day and rectification is 30 days, as part of operational schedules

Council has for a number of years been working with Corrective Services NSW with the community service order (CSO) program. This program allows for those persons on community service orders to remove illegal graffiti from identified infrastructure through the city. Council currently allocates $5,000 per annum to support this program by providing consumables required to support this program eg paint, tools and protective gear. The operational Graffiti Management Plan is scheduled to be reviewed and updated by 30 June 2025 as detailed in Council’s Community Safety Action Plan 2022-2026 (item 1.4 Wagga Wagga City Council to review and update a Graffiti Management Plan on page 29). Council’s current graffiti removal budget in the 23/24 financial year is $25,000 (including the $5K contribution toward the CSO program as detailed above).

Does Council have any designated areas for graffiti art to be undertaken freely by youth or others within the city?

There are no free graffiti walls in the Wagga Wagga Local Government Area. This issue has been noted to be included as part of the operational graffiti management plan scheduled to be reviewed and updated by 30 June 2025. A successful approach taken by staff over the past few years has been the identification of impacted locations for public art projects to take place. Projects that involve collaboration with the local community have proven successful in providing the participants a sense of ownership of the artworks and pride in their local neighbourhoods, which helps in deterring continued graffiti and vandalism. The Public Art Plan 2022-2026 identifies the importance of engagement of our community and allocates $20k per financial year to a Neighbourhood Engagement project that will improve public amenity and beautify urban spaces. These projects clean up and deter illegal graffiti, improve public amenity and perceptions of community safety, and importantly work with a diverse range of community members keen to develop their art skills and knowledge led by professional artists on these projects. Previous successful projects include the Wilga Park mural in Kooringal, Bolton Park, and Simmons Street Pumphouse projects, Mount Austin Laneways project along with the current public art Expression of Interest for the Jack Mission Oval Public Amenities block in Ashmont.

Does Council have the authority to issue fines to vandals?

No. In NSW, any graffiti on public or private property is a criminal offence unless permission is given by the owner. Incidents of Graffitti vandalism are referred through to NSW Police which under the Graffiti Control Act 2008 (NSW), the following penalties can be applied by courts:

· Marking property can attract a fine up to $440, or, for an aggravated offence, $2,200- or 12-months imprisonment.

· Possessing a graffiti implement with intent can attract a fine up to $1,100- or six-months imprisonment.

· Persons under 18 years carrying spray paint cans in public can attract a fine of up to $440- or six-months imprisonment.

· Bill posting can attract a fine of up to $440.

· A court may also impose a community service order, instead of a fine, for damaging or defacing property, or for possession of a graffiti implement, directing the offender to perform community service work that involves graffiti clean-up work where practicable.

· A court may also, in addition to or instead of imposing a fine on a person, also make a driver licence order, extending a learner or provisional driver licence period, or specify demerit points for holders of an unrestricted driver licence.

Under the NSW Crimes Act (1900), there are penalties of up to five years in prison for maliciously damaging property.

Does Council have the autonomy to set the fine amount?

No, fine amounts are set by the NSW Government.

Councillor T Koschel requested information on provisions relating to “if a businesses operate before they have a final Occupation Certificate”.

If the development consent requires an occupation certificate to be issued, then a business proposing to occupy (and operate from) the subject development cannot do so until that certificate is issued.

If the development consent does not require an occupation certificate to be issued, then it is possible that the business may commence operations subject to compliance with any other relevant conditions of consent.

Councillor M Henderson requested information on Councils investments including options to make changes to current investments

Please see below response provided by Council’s independent financial advisor, Michael Chandra, Director & Head of Client Advisory at Imperium Markets:

”‘Early Withdrawal’ of Term Deposits

While breaking term deposits is possible, it is something we generally do not encourage. For most of the banks, it is actually up to their 'discretion' whether to break a deposit or not. As per banking regulations set by the regulator (APRA), investors have to:

· Give a minimum 31 days advance notice and will be hit with interest penalties, a fee, or both, depending on the remaining term, prevailing market rates, type of investor, etc. each bank is different

· Each individual bank has the discretion in terms of whether to permit an early break or not

· Banks have to set aside certain (minimum) capital requirements for a term deposit (as per banking regulations), depending on the type of investor you are. If a deposit is withdrawn early, the capital impost to the bank becomes even larger for that client segment

· Banks have to report any 'break' in a term deposit to the regulators and some have noted it is an administrative burden to them so they factor in these additional cost and pass this onto the investor

· The only way to receive funds back immediately and without penalty of interest is for the investor to show 'financial hardship'

· In most cases, banks are reluctant to break a deposit early for the above reasons

We have heard that other Councils have asked the same questions about breaking deposits early to then be able to reinvest at higher prevailing rates. If a bank sets the precedent and allows an early break, then subsequently opens them up for every investor to 'game' the system and there would be a 'run' on the banking system - which jeopardises the capital adequacy of the broader industry (which is what the regulator is trying to void at all times). Keep in mind that over the post-GFC period i.e. the past +10-15 years, Council has consistently outperformed strongly. For example, Council locked into 5 year fixed term deposits at 7.25%-7.50% p.a. when the cash rate dropped to 2-3%. We note the bank's did not seek to close out these deposits early when it was to the benefit of Council.

Council is free to ask the respective bank's the possibility of withdrawing early, but we suspect that in most cases, they will politely decline and say no. It may also diminish the working relationships Council has with its banking counterparts in the future (not only on the investments side, but also on any potentially future borrowings/loans).

In other cases, some banks are happy to allow investors to withdraw early, providing investors give 31 days notice and they pay a penalty on any interest adjustments. Some banks like WBC and ICBC have additional ‘re-financing’ costs which can amount to the hundreds or thousands of dollars for a single term deposit (depending on the remaining term/amount), whilst others like NAB may simply apply a simple adjustment to the interest rate, depending on the remaining term . It may be worth for Council to ask NAB, BoQ and AMP if there is the possibility to break their deposits, but Council will need to calculate if it is in fact worth doing so financially (reinvest at the current prevailing higher rates less the upfront break costs).

Whilst Council is likely to under-perform in the interim, not only are the majority of local government investors in the same position, but so is the broader financial industry including professional fund managers domestically (and globally). Even the RBA conceded they got it wrong ("no rate rises until least 2024"), and hence the government’s recent inquiry on the RBA. In fact, the RBA has itself recorded losses of around $37bn due to their own policy measures and investments during the pandemic:

https://www.smh.com.au/politics/federal/reserve-bank-s-bond-program-helped-save-jobs-and-economy-20220921-p5bjpg.html?btis

The pandemic was largely considered unprecedented for many generations (once in a hundred year event) - it was unpredictable, let alone difficult to ascertain the longer term financial implications.”

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 11 March 2024

M-1

Committee Minutes

M-1 FLOODPLAIN RISK MANAGEMENT ADVISORY COMMITTEE - 7 DECEMBER 2024, 15 FEBRUARY 2024 & 27 FEBRUARY 2024

Author: Phil McMurray

Summary:

The Floodplain Risk Management Advisory Committee (FRMAC) is an advisory committee of Council. This Report seeks that Council endorse the recommendations made by the Committee at its meeting held on 7 December 2023, 15 February 2024 & 27 February 2024

Recommendation

That Council receive and note the Minutes of the proceedings of the Floodplain Risk Management Advisory Committee Meetings held 7 December 2023, 15 February 2024 & 27 February 2024.

Report

The Minutes of the Floodplain Risk Management Advisory Committee Meeting held on 7 December 2023, 15 February 2024 & 27 February 2024 are presented to Council for consideration. Below is a summary of items considered at the meeting.

7 December 2023 – Floodplain Risk Management Advisory Committee Meeting:

· RP-1 2021-22-FM-0032 – Uranquinty Levee Upgrade – Investigation And Design Andrew Morris RHDHV provided an update on the status of the investigation and design of the Uranquinty levee.

· RP-2 2018-19-FM-0071 - North Wagga Flood Mitigation Options

The online and telephone survey was discussed and modifications to wording and layout were accepted by FRMAC

· RP-3 2021-22-FM-0024 - Glenfield Drain and Flowerdale Storage Flood Mitigation Works. A written report was provided by Lyall and Associates outlining the current status of the project and a request for a variation to the project was past onto the contractor for investigation and development.

· RP-4 2021-22-FM-0039 - Lake Albert Flood Mitigation Options – Feasibility Study

A workplan and cost variation has been submitted to DPE for approval. The procurement process has been finalised and Stantec are beginning to collate data and analyse various flood models for the two creeks and the Lake. Once the workplans are approved then Stantec will begin planning the community consultation with the required key stakeholders and groups.

· RP-5 2022-FMP-0103 Humula And Mangoplah Flood Studies A written report was provided by WMA Water

Council engaged WMAwater in late September 2023, to undertake the Humula and Mangoplah Flood Study. A project inception meeting and site visit was undertaken in early November with Council staff and the WMAwater team. This was a great opportunity for the project team to see the study area and understand the flood impacts experienced by the communities in the 2010 and 2012 flood events.

· RP-6 Local & Regional Risk Reduction Stream - Levee Pump Augmentation

Stantec have begun work on this project.

The following steps have been completed or are currently underway:

o Site visit to 5 floodgates

o Topographic survey of sites, pipes and levee

o Flood model analysis commenced

o Gate 15A assessment completed

o Gate 15A preliminary drawings 50% complete

There will be a cost variation submitted by Stantec to cover extra work required to finetune the flood model to reflect changes in ground topography and updated LiDAR information.

· RP-7 DPE Floodplain Manual Revision.

Flooding results in significant risk to many communities across New South Wales. This risk stems from human interaction with flooding through the occupation and use of floodplains.

Since 1984 the NSW Flood Prone Land Policy (the policy) has set the direction for Flood Risk Management (FRM) in New South Wales. In 1986 the NSW Government released the first Floodplain Development Manual to support policy implementation. The policy and manual have since evolved in response to significant flood events, reviews and improvements in national and international flood risk management practice.

This manual (including the policy) replaces the Floodplain Development Manual (DIPNR 2005) as the NSW Government’s manual relating to the management of flood liable land in accordance with section 733 of the Local Government Act 1993 (LG Act). This provides councils, statutory authorities, and state agencies and their staff, with indemnity for decisions they make and information they provide in accordance with the manual.

10 Council staff attended a regional Workshop conducted by DPE staff.

15 February 2024 – Floodplain Risk Management Advisory Committee Meeting:

· RP-1 SES Introduction The SES introduced new staff members operating in the Southern Region

· RP-2 2021-22-FM-0024 - Glenfield Drain And Flowerdale Storage Flood Mitigation Works. Lyall and Associates provided a written report outlining the changed status of this project and the need to extend the timeline for completion. A variation for time has been submitted to DPE for approval.

· RP-3 Local & Regional Risk Reduction Stream - Levee Pump Augmentation

Stantec have begun work on this project.

The following steps have been completed or are currently underway:

o Site visit to 5 floodgates.

o Topographic survey of sites, pipes, and levee.

o Flood model analysis completed.

o Gate 15A assessment completed.

o Gate 15A construction drawings 100% complete.

o Gate 15A tender for earthworks out to market.

o Gate 15A pipework quote is being finalised.

Andy Sheehan, Manoj Shrestha and Amos Micalleff presented on behalf of Stantec:

· A variation for model calibration and updating has been approved by Council. RP-4 2021-22-FM-0039 - Lake Albert Flood Mitigation Options - Feasibility Study

Stantec have completed two stages of their program and provided the reports to Council for acceptance. The consultant is unable to attend the meeting today and will be providing their consultation plan for approval in the next couple of weeks.

The two reports are:

• Lake Albert Feasibility Study, Data Review and Hydraulic Model Review.

• Lake Albert Feasibility Study, Aboriginal Cultural Heritage Due Diligence Assessment

· RP-5 2021-22-FM-0032 - Uranquinty Levee Upgrade - Investigation And Design

· RP-6 2022-FMP-0103 Humula And Mangoplah Flood Studies

· RP-7 2018-19-FM-0071 - North Wagga Flood Mitigation Options

· RP-8 Flood Project Implementation Status

27 February 2024 – Floodplain Risk Management Advisory Committee Meeting:

RP-1 2018-19-FM-0071 - North Wagga Flood Mitigation Options

As per the scope and brief of this study the consultant CIE, Woolcott, WMAwater and NGH have completed the four key areas of analysis:

· Economic

· Environmental

· Social

· Cultural

In discussion with the committee, the final draft report has been developed to reflect the findings of this analysis.

This final draft report is being presented to the committee for acceptance and the committee is required to recommend to Council that it receive the report and that it be placed on Public Exhibition

The timetable for the project has these proposed key dates moving forward:

· An Extra-Ordinary Meeting of FRMAC will be held on 27 February 2024 to consider the final Draft Report. The Committee will be asked to consider making a recommendation, likely “That Council receive the Draft Report place it on Public Exhibition”.

· The Recommendation from FRMAC will be considered by Council at its Meeting on 11 March 2024.

· Public Exhibition will run for five weeks, likely ending 19 April 2024.

· Feedback from the Public Exhibition will be considered by FRMAC, the consultants and Council. Following a Final Report will be prepared by the consultant.

· A detailed report, including the Final Report, will then be presented for consideration at the Council meeting on 13 May 2024. That report will seek Council to adopt the North Wagga Flood Mitigation Option.

Financial Implications

N/A

Policy and Legislation

The outcomes from the various studies will be critical in the terms of future amendments to the Council Local Environmental Plan and its Development Control Plan.

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

No specific issues identified.

Internal / External Consultation

NSW Department of Planning and Environment (DPIE) (previously the Office of Environment and Heritage) has been heavily consulted throughout the process of planning and executing these projects. DPIE is the responsible funding body and receives quarterly status update reports.

Attachments

1 ⇩.	FRMAC - Minutes - 7 December 2023
2 ⇩.	FRMAC - Minutes - 15 February 2024
3 ⇩.	FRMAC (extraordinary) - Minutes - 27 February 2024