Agenda of Ordinary Meeting of Council - Monday, 14 October 2024

Reports submitted to the Ordinary Meeting of Council to be held on Monday 14 October 2024.

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 14 October 2024

ORDER OF BUSINESS:

CLAUSE PRECIS PAGE

WELCOME TO COUNTRY 2

ACKNOWLEDGEMENT OF COUNTRY 3

REFLECTION 3

APOLOGIES 3

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 26 AUGUST 2024 3

DECLARATIONS OF INTEREST 3

PROCEDURAL MOTIONS

MM-1 OATHS AND AFFIRMATIONS OF OFFICE 4

MM-2 ELECTION OF MAYOR AND DEPUTY MAYOR 7

Motions Of Which Due Notice Has Been Given

NOM-1 NOTICE OF MOTION - Council support for community cost of living pressures 13

NOM-2 NOTICE OF MOTION - REVIEW OF COUNCIL’S ROAD OWNERSHIP AND MAINTENANCE 15

Reports from Staff

RP-1 ELECTION OF MEMBERS TO RIVERINA WATER COUNTY COUNCIL 17

RP-2 DELEGATION OF AUTHORITY TO THE MAYOR 21

RP-3 COUNTBACK ELECTION 44

RP-4 2024 Local Government NSW Annual Conference - Election of Delegates and Motions 50

RP-5 NSW PUBLIC LIBRARIES ASSOCIATION (NSWPLA) SWITCH 2024 CONFERENCE AND ANNUAL GENERAL MEETING 56

RP-6 DISCLOSURE OF PECUNIARY INTEREST RETURNS - COUNCILLORS AND DESIGNATED STAFF 2024 59

RP-7 QUESTIONS WITH NOTICE 144

Confidential Reports

CONF-1 PAVEMENT REHABILITATION-STABILISATION 147

CONF-2 Proposed Sporting Event 148

CONF-3 Settlement of Class 3 proceedings (case no. 2023/227116) commenced against Transgrid 149

WELCOME TO COUNTRY

Aunty Dorothy Whyman, Senior Wiradjuri Elder, to perform the Welcome to Country.

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 AUGUST 2024

Recommendation

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

Attachments

1 ⇩.

Minutes - Ordinary Council - 26 August 2024

150

DECLARATIONS OF INTEREST

Report submitted to the Ordinary Meeting of Council on Monday 14 October 2024

MM-1

procedural motions

PM-1 OATHS AND AFFIRMATIONS OF OFFICE

Author: David Galloway

General Manager: Peter Thompson

Summary:

All councillors are required to take an oath or make an affirmation of office at or before the first meeting of the council after being elected. This can be done by way of a signed statement containing the oath or affirmation or by recording the taking of the oath or making of the affirmation by each Councillor in the minutes of the Council meeting. Where the oath or affirmation is taken at the first meeting, this should be the first item of business.

Recommendation

That:

a each Councillor take an oath or make an affirmation of office in the prescribed format in accordance with the provisions of Section 233A of the Local Government Act 1993 (NSW)

b each Councillor read out aloud the prescribed wording of the oath or affirmation of office to be taken in front of the General Manager

c Council record in the Minutes that the oath or affirmation of office was taken by all Councillors

Report

Under section 233A of the Local Government Act 1993 (the Act) Councillors (including mayors) are required to take an oath or make an affirmation of office. The prescribed words of the oath and affirmation are provided below.

Oath “I [name of Councillor] swear that I will undertake the duties of the office of Councillor in the best interests of the people of [name of Council area] and the [name of Council] and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.”

Affirmation “I [name of Councillor] solemnly and sincerely declare and affirm that I will undertake the duties of the office of Councillor in the best interests of the people of [name of Council area] and the [name of Council] and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.”

Oaths or affirmations of office must be taken or made by each Councillor at or before the first meeting of the Council after being elected. An oath or affirmation should be taken or made by each Councillor as the first item of business for the first meeting.

The oath or affirmation may be taken or made before the General Manager of the Council, an Australian legal practitioner, or a justice of the peace.

Councillors need to be physically present before the General Manager, legal practitioner or Justice of the Peace when taking their oath or making their affirmation of office. Therefore, Council has made arrangements for the oath or affirmation to be taken or made by each Councillor at the first meeting of the newly elected Council. The Office of Local Government NSW (OLG) advises that Councillors should be made aware of this requirement prior to the first meeting, and which has been undertaken.

The General Manager must ensure that a record is kept of the taking of the oath or making of the affirmation. This can be done by way of a signed statement containing the oath or affirmation or by recording the taking of the oath or making of the affirmation by each Councillor in the minutes of the Council meeting. The recommendation in this report is to record this in the minutes, for transparency to the community and to reflect the oath or affirmation having been taken at that meeting.

If a Councillor is not able to attend the first Council meeting, they may take the oath or affirmation of office at another location in front of the General Manager. As noted above, the oath or affirmation of office may also be taken before an Australian legal practitioner or a justice of the peace. The taking of the oath or making an affirmation of office outside a Council meeting must be publicly recorded by Council. Where an oath or affirmation is taken or made outside a Council meeting, a Council staff member should also be present to ensure that an accurate record can be kept by Council.

Financial Implications

N/A

Policy and Legislation

Under the Local Government Act 1993 (the Act), Councillors are required to take an Oath or Affirmation of Office at or before the first meeting of Council after they are elected.

Section 233A provides that a Councillor who fails, without a reasonable excuse, to take the oath of office or make an affirmation of office in accordance with this section is not entitled to attend a meeting as a Councillor (other than the first meeting of the Council after the Councillor is elected to the office or a meeting at which the Councillor takes the oath or makes the affirmation) until the Councillor has taken the oath or made the affirmation. Any absence of a Councillor from an ordinary meeting of the Council that the Councillor is not entitled to attend because of this section is taken to be an absence without prior leave of the Council.

Failure to take an oath of office or make an affirmation of office does not affect the validity of anything done by a Councillor in the exercise of the Councillor's functions.

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We have leaders that represent us

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Monday 14 October 2024

MM-2

PM-2 ELECTION OF MAYOR AND DEPUTY MAYOR

Author: David Galloway

General Manager: Peter Thompson

Summary:

The purpose of this report is to facilitate the election of the Mayor and Deputy Mayor. Wagga Wagga City Council’s Mayor is to be elected by the Councillors from among the Councillors (Section 227 of the Local Government Act 1993 (the Act)). Councils that elect mayors must hold a mayoral election at a council meeting within three (3) weeks of the declaration of the election. If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting. Open Voting is recommended by the Office of Local Government NSW as being the preferred method of voting.

Recommendation

That Council conduct the election of the Mayor and Deputy Mayor by open voting for the period October 2024 to September 2026.

Report

Section 225 of the Local Government Act 1993 (the Act) requires Council to have a Mayor who is elected in accordance with the provisions of the Act.

Council currently elects the Mayor on a biennial basis, from within its numbers, as provided for under section 227 of the Act. Under the Act, the civic office of mayors elected by councillors expire on the day of election, which was 14 September 2024. Under section 290 of the Act a mayoral election at a council meeting must then take place within three (3) weeks of the declaration of the election.

Role of the Mayor

Section 226 of the Act prescribes that the role of the Mayor and includes, but is not limited to, the following:

• to exercise, in cases of necessity, the policy-making functions of the governing body of the Council between meetings of the Council

• to exercise such other functions of the Council as the Council determines

• to preside at meetings of the Council

• to carry out the civic and ceremonial functions of the mayoral office

Term of Office

Councils that elect their mayors are required under section 290(1)(b) of the Act to hold mid-term mayoral elections in the month of September. This means that the mid-term mayoral elections will need to be held in September 2026. The mayor elected at the mid-term mayoral election will then hold their office until the day of the council’s next ordinary election in September 2028, when their civic office as a councillor and mayor will expire.

In accordance with the provisions of Section 231(2) of the Act, the Council may also elect one of its members to act as Deputy Mayor either for the Mayoral term or for a shorter term as may be resolved by the Council. Further, the Deputy Mayor may exercise any function of the Mayor, at the request of the Mayor or if the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of the Mayor.

Deputy Mayors hold their office for the term specified in the council’s resolution. The practice of this council is to align the term of the Deputy Mayor to the term of the Mayor, which is reflected in the recommendation in this Report.

Election of Mayor – October 2024 to September 2026

The procedure to be followed for the election of Mayor is outlined in Schedule 7 of the Local Government (General) Regulation 2021, as below. Schedule 7 prescribes three methods of election of mayors:

1. open ballot (eg a show of hands)

2. ordinary ballot, or

3. preferential ballot

Councillors need to be present at the meeting in person to participate in voting by means other than an open voting?

The Office of Local Government Fact Sheet ‘Election of Mayor and Deputy Mayor by Councillors’ (attached) recommends Open Voting as being the most transparent and least bureaucratic method of voting and reflects normal council voting methods.

The election provisions of Schedule 7 of the Local Government (General) Regulation 2021 also relate to the Deputy Mayor.

Part 1 - Preliminary

Returning Officer

1. The General Manager, Mr Peter Thompson will be the returning officer for the election to be held on 14 October 2024.

Nomination

2. (1) A Councillor may be nominated without notice for election as Mayor or Deputy Mayor.

(2) The nomination is to be made in writing by two or more Councillors, one of whom may be the nominee. The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

(3) The nomination is to be delivered or sent to the Returning Officer prior to the start of the 14 October 2024 Council Meeting.

(4) The Returning Officer is to announce the names of the nominees at the council meeting at which the election is to be held.

Election

3. (1) If only one Councillor is nominated, that Councillor is elected.

(2) If more than one Councillor is nominated, the council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.

(3) The election is to be held at the council meeting at which the council resolves on the method of voting.

(4) In this clause:

"ordinary ballot" has its normal meaning of secret ballot.

"open voting" means voting by a show of hands or similar means.

Part 2 - Ordinary ballot or open voting

Application of Part

4. This Part applies if the election proceeds by ordinary ballot or by open voting.

Marking of ballot-papers

5. (1) If the election proceeds by ordinary ballot, the Returning Officer is to decide the manner in which votes are to be marked on the ballot-papers.

(2) The formality of a ballot-paper under this Part must be determined in accordance with clause 345 of the Regulation as if it were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

Count-2 candidates

6. (1) If there are only two candidates, the candidate with the higher number of votes is elected.

(2) If there are only two candidates and the votes are tied, the one elected is to be chosen by lot.

Count-3 or more candidates

7. (1) If there are three or more candidates, the one with the lowest number of votes is to be excluded.

(2) If three or more candidates then remain, a further vote is to be taken of those candidates and the one with the lowest number of votes from that further vote is to be excluded.

(3) If, after that, three or more candidates still remain, the procedure set out in subclause (2) is to be repeated until only two candidates remain.

(4) A further vote is to be taken of the two remaining candidates.

(5) Clause 6 of the Schedule then applies to the determination of the election as if the two remaining candidates had been the only candidates.

(6) If at any stage during a count under subclause (1) or (2), two or more candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

Part 3 - Preferential Ballot

Application of Part

8. This Part applies if the election proceeds by preferential ballot.

Ballot-papers and voting

9. (1) The ballot-papers are to contain the names of all the candidates. The councillors are to mark their votes by placing the numbers “1”, “2” and so on against the various names so as to indicate the order of their preference for all the candidates.

(2) The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 of the Regulation as if it were a ballot-paper referred to in that clause.

(3) An informal ballot-paper must be rejected at the count.

Count

10. (1) If a candidate has an absolute majority of first preference votes, that candidate is elected.

(2) If not, the candidate with the lowest number of first preference votes is excluded and the votes on the unexhausted ballot-papers counted to him or her are transferred to the candidates with second preferences on those ballot-papers.

(3) A candidate who then has an absolute majority of votes is elected, but, if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the lowest number of votes and counting each of his or her unexhausted ballot-papers to the candidates remaining in the election next in order of the voter’s preference is repeated until one candidate has received an absolute majority of votes. The latter is elected.

(4) In this clause, "absolute majority", in relation to votes, means a number that is more than one-half of the number of unexhausted formal ballot-papers.

Tied candidates

11. (1) If, on any count of votes, there are two candidates in, or remaining in, the election and the numbers of votes cast for the two candidates are equal-the candidate whose name is first chosen by lot is taken to have received an absolute majority of votes and is therefore taken to be elected.

(2) If, on any count of votes, there are three or more candidates in, or remaining in, the election and the numbers of votes cast for two or more candidates are equal and those candidates are the ones with the lowest number of votes on the count of the votes-the candidate whose name is first chosen by lot is taken to have the lowest number of votes and is therefore excluded.

Part 4 - General

Choosing by lot

12. To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the Returning Officer, the slips are folded by the Returning Officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the Returning Officer and the candidate whose name is on the drawn slip is chosen.

Result

13. The result of the election (including the name of the candidate elected as Mayor or Deputy Mayor) is:

(a) to be declared to the Councillors at the council meeting at which the election is held by the Returning Officer, and

(b) to be delivered or sent to the Secretary and the Chief Executive Officer of Local Government NSW.

Election of Deputy Mayor – October 2024 to September 2026

It has been Council’s normal practice to elect a Deputy Mayor for the same Mayoral term, immediately following the election of the Mayor.

Nomination papers for the Mayor and Deputy Mayor have been distributed to Councillors in hard copy and through the online portal. Nomination papers are to be delivered or sent to the Returning Officer, Mr Peter Thompson prior to the commencement of the Council Meeting to be held on Monday, 14 October 2024 at 6.00pm.

Financial Implications

N/A

Policy and Legislation

Section 225 of the Local Government Act 1993 (NSW)

Schedule 7 of the Local Government (General) Regulations 2021

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We have leaders that represent us

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Monday 14 October 2024

NOM-1

Motions Of Which Due Notice Has Been Given

NOM-1 NOTICE OF MOTION - Council support for community cost of living pressures

Author: Councillor Jenny McKinnon

Summary:

Notice of Motion submitted by Councillor Jenny McKinnon.

Recommendation

That Council receive a report from staff outlining measures that could be taken by Council to relieve cost of living pressures for residents. The report should include, but not be limited to, options such as:

a extending the library opening hours

b investigating if we can reintroduce the annual vouchers for free tip access, replacing the ‘bulky goods collection’ currently available

c a big screen to provide free crowd access to important cultural and sporting events

d making pool entry free for children during school holidays

e encouraging providers to extend free pet desexing programs

f extending support for free community sport and recreation initiatives, such as Park Run

g providing free period products and sunscreen in public toilets

Report

There is a cost of living crisis at the moment and Council should play a role in providing relief for residents who are under significant financial pressure. The cost of living crisis is characterised by a number of factors. Mortgage and rents have increased so much in recent years that they take up a much higher proportion of income than is recommended for household financial stability. There is also a decade-high number of home repossessions.

There have been many media reports of people having to choose between buying food or medicines, which is of particular concern for those living with chronic illnesses. My contact with local welfare agencies has confirmed that this situation is commonly seen in Wagga, and I would like to see Council do what it can to help alleviate this situation with at least a one-year trial period.

Financial Implications

To be identified in the report to come back.

Policy and Legislation

Wagga Wagga City Council Code of Meeting Practice

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

Report submitted to the Ordinary Meeting of Council on Monday 14 October 2024

NOM-2

NOM-2 NOTICE OF MOTION - REVIEW OF COUNCIL’S ROAD OWNERSHIP AND MAINTENANCE

Author: Councillor Georgie Davies

Summary:

Wagga Wagga City Council is in the top five Local Government Areas for length of road network. Many of our roads are crumbling and Local Government NSW has declared a Statewide Roads Emergency. Many of Wagga’s roads are not primarily used by local traffic, with trucks and other heavy vehicles tearing up their surfaces as they transport food, fibre and other goods across the State. But it’s Wagga ratepayers who are left to foot the bill for maintaining these roads which benefit the State.

This Notice of Motion seeks to identify Council-owned roads which should be reclassified from ‘Local’ to ‘Regional’. The motion also seeks to identify which Council roads should be transferred to the State Government to own and maintain.

Recommendation

That Council:

a identify, and list in priority, Council-owned roads that should be reclassified from ‘Local’ to ‘Regional’

b identify, and list in priority, Council-owned roads which should be transferred to, and maintained by, the State Government

c identify the length in kilometres of each road and provide a timeframe of when the roads will need significant capital restoration as well as their average annual maintenance cost

d once appropriate roads have been identified, bring the findings back to a Council workshop so that Councillors can come to an agreement on the best approach to lobby the State Government to ensure the transfer of ownership and maintenance takes place

Report

Many of Wagga’s roads are not just local roads, with local traffic. They are critical infrastructure for the State economy, supplying food and goods across the State. Merino Road at Bomen, Old Narrandera Road and Eunony Bridge Road are good examples of Council-owned roads that should be reclassified from ‘Local’ to ‘Regional’. Furthermore, there are a number of roads which are Council-owned and maintained that should be transferred to the State Government.

Wagga City Council has an extensive road network and it is struggling to fund an infrastructure maintenance backlog, and this figure is accumulating. In addition to investing significant funds to bring the network back up to an acceptable standard, why don’t we lobby to reduce the length of our network to a more sustainable size? This will mean more of our funds can be put towards quality reseal and restoration works on roads which are primarily used for local traffic.

An independent panel for The Regional Road Transfer and Road Classification Review provided advice on the 15,000 kilometers of council-owned Regional Roads which could be transferred to NSW State Government management.

The final report with the panel’s findings and recommendations were delivered in November 2022 but the recommendations seem to have gone nowhere since the new NSW Government came to power. This NOM puts this issue back into the spotlight. It will provide Wagga City Council with a detailed and prioritised list of Council roads which should be transferred to and maintained by the State Government and the best approach to lobby the NSW State Government to ensure Council is not left to pay for roads which service the needs of our entire State.

Financial Implications

N/A

Policy and Legislation

Wagga Wagga City Council Code of Meeting Practice

Link to Strategic Plan

Community leadership and collaboration

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

Plan long term for the future of Wagga Wagga

Risk Management Issues for Council

N/A

Report submitted to the Ordinary Meeting of Council on Monday 14 October 2024

RP-1

Reports from Staff

RP-1 ELECTION OF MEMBERS TO RIVERINA WATER COUNTY COUNCIL

Author: David Galloway

General Manager: Peter Thompson

Summary:

Riverina Water covers an area of approximately 15,400 square kilometres and contains a population of more than 73,000 people. An estimated 60,000 people are provided with water through some 26,000 service connections. The governing body of Riverina Water County Council is a Board of nine (9) members, comprising councillors from each of the constituent councils.

Recommendation

That Council:

a conduct an election of five (5) Councillors to the Board of Riverina Water County Council from October 2024 until the next Local Government Election, currently September 2028

b note that in accordance with the Local Government (General) Regulations 2021, the General Manager is the Returning Officer for the election of Board Members to Riverina Water County Council

Report

Riverina Water County Council provides water to four (4) local government areas (with four constituent councils) and operates under the Local Government Act 1993 (NSW). The governing body is a Board of nine (9) members, comprising councillors from each of the constituent councils. Attached is an information sheet prepared by Riverina Water, for prospective Board Members.

In accordance with the provisions of Section 390 of the Act, Council is to elect five (5) Councillors to be members of the Riverina Water County Council from October 2024 to September 2028 or until the date of the next general NSW Local Government Election, with such election to be conducted in accordance with Schedule 9 of the Local Government (General) Regulation 2021 (Regulations).

If the number of candidates nominated is not more than the number of vacancies to be filled (five), then those candidates are declared elected.

However, if more than five (5) nominations are received then Regulation 396 specifies the method of election of members of a county council, whereby Schedule 9 requires that “[i]f there are more candidates nominated than the number to be elected, an election is to be determined by preferential ballot.” Schedule 9 of the Regulation states (in part):

1 When elections to be held

(1) The first ordinary election of members of a county council is to be held within 2 months of its establishment.

(2) Subsequent ordinary elections are to be held within 2 months after each ordinary election of Councillors under Part 4 of Chapter 10 of the Act (Local Government Act 1993).

(3) A by-election to fill an office vacated by a member is to be held within 2 months after the occurrence of the vacancy.

4 Returning officer

The General Manager of the constituent council (or a person appointed by that General Manager) is the returning officer.

5 Nomination

(1) A Councillor of the constituent council may be nominated for election as a member of the county council.

(2) The nomination:

(a) may be made without notice by any Councillor of the council

(b) is to be in writing delivered or sent to the returning officer prior to the council meeting at which the election is to be held

(3) The returning officer is to announce the names of the nominees at a council meeting.

6 Election

(1) If the number of candidates nominated is not more than the number of vacancies to be filled, those candidates are to be declared elected.

(2) If there are more candidates nominated than the number to be elected, an election is to be determined by preferential ballot. The ballot is to be conducted by the preparation, marking and counting of ballot-papers in the presence of the council.

7 Ballot-papers and voting

(1) The ballot-papers are to contain the names of all the candidates. The Councillors are to mark their votes by placing the figures 1, 2 and so on against the various names so as to indicate the order of their preference for at least the number of candidates to be elected.

(2) The formality of a ballot-paper under this Part is to be determined in accordance with clause 345 of this Regulation as if it were a ballot-paper referred to in that clause.

(2) An informal ballot-paper is to be rejected at the scrutiny of votes.

8 Count

The votes are to be counted in accordance with Schedule 4 of this Regulation.

9 Result

The result of the election (including the names of the candidates elected as members) is:

(a) to be declared to the Councillors by the returning officer at the council meeting where the election is held

(b) to be delivered or sent to the General Manager of the county council and the Secretary

Riverina Water will be inducting new Board members late in October 2024, with the first meeting scheduled for Thursday 31 October 2024. That meeting, will amongst other matters, elect a Chairperson and Deputy Chairperson, together with delegates to external organisations.

Financial Implications

N/A

Policy and Legislation

Local Government Act 1993 (NSW)

Local Government (General) Regulation 2021

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We have leaders that represent us

Risk Management Issues for Council

N/A

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Monday 14 October 2024. RP-2

RP-2 DELEGATION OF AUTHORITY TO THE MAYOR

Author: David Galloway

General Manager: Peter Thompson

Analysis:

Continue to adopt accurate and contemporary Delegations of Authority to the Mayor.

Recommendation

That Council delegate the following powers, authorities, duties or functions to the Mayor, as listed below:

1. Day-to-day oversight of the General Manager’s employment under the contract of employment between the Council and the General Manager as contemplated by the ‘Guidelines for the Appointment & Oversight of General Managers’

2. Incurring expenditure on behalf of the Council in connection with the mayor’s day-to-day oversight of the General Manager’s employment in order to obtain independent expert advice on matters relating to the General Manager’s performance under the contract of employment between the Council and the General Manager

3. To expend money in an amount not exceeding $30,000.00 in any financial year in the proper exercise of the Council’s functions in circumstances where the Mayor reasonably considers that the expenditure is urgent and the expenditure is duly authorised by the Council under clause 211 of the Local Government (General) Regulation 2021 and subject to any conditions or limitations imposed by resolution of the Council from time to time specifically for the purpose of this delegation

4. To approve jointly with the General Manager, the attendance of Councillors at any seminar, conference, meeting or course, provided that:

i. such delegation shall not be exercised if there is a prior Council meeting at which the attendance might be considered allowing sufficient time for registration, arrangements, etc

ii. provision has been made for such expenditure in the Council’s budget

iii. such seminar, conference etc is for one day or less and does not involve an overnight stay

5. To call Extraordinary Council Meetings of the Council as per Council's Code of Meeting Practice

Report

Wagga Wagga City Council (Council) has, in the past, delegated authority to the Mayor for certain functions. This is considered to be both appropriate and necessary to ensure the position of Mayor has the relevant authority to undertake the role effectively and in the best interests of the community.

In accordance with Section 377 of the Local Government Act 1993 (the Act), a Council may delegate functions, other than those specified and exempted under that Section. A council may, by resolution, sub-delegate to the General Manager or any other person or body (not including another employee of the council) any function delegated to the Council by the Department’s Chief Executive except as provided by the instrument of delegation to the Council.

The delegations included in the recommendation reflect the current delegations of the Mayor and are in addition to the functions prescribed under Section 226 of the Act which states that the role of the Mayor relates to:

· Conferring Powers or Duties under the Act

· Powers or Duties under other legislation

· Preside at Meetings and Functions of Council

The Mayor does not need a delegation from Council to carry out the functions set out in section 226 as above, that section provides the functions as specified.

In accordance with the roles, previous delegations and consistent with legislation, it is recommended that the powers, authorities, duties and functions listed above be delegated to the Mayor.

Financial Implications

All expenditure incurred by the Mayor is to be consistent with the provisions of the adopted Code of Conduct and Councillor Expenses and Facilities Policy (POL 025) and the Corporate Purchase Card Policy (POL 053).

Policy and Legislation

Local Government Act 1993 (NSW)

Local Government (General) Regulations 2021

Corporate Purchase Card Policy (POL 053)

Councillor Expenses and Facilities Policy (POL 025)

Code of Conduct

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 ⇩.

Guidelines for the Appointment & Oversight of General Managers

Report submitted to the Ordinary Meeting of Council on Monday 14 October 2024

RP-3

RP-3 COUNTBACK ELECTION

Author: David Galloway

General Manager: Peter Thompson

Summary:

To exercise the option of filling casual vacancies in the first 18 months using a countback election, instead of a by-election, councils must resolve at their first meeting following the ordinary election to fill vacancies using countback elections.

Recommendation

That Council determine whether or not it wishes to declare that casual vacancies occurring in the office of a councillor within 18 months after the last ordinary election of councillors for the Council on 14 September 2024 be filled by a countback of votes cast at that election for the office in accordance with section 291A of the Local Government Act 1993 (NSW).

Report

Councils must, by resolution at their first meeting after the election, declare that casual vacancies occurring in the office of a councillor within 18 months of the election are to be filled by a countback of votes cast at the election. In the event Council resolves to utilise the countback method, the following is suggested wording of a resolution:

“Pursuant to section 291A(1) (b) of the Local Government Act 1993 (the Act) Wagga Wagga City Council declares that casual vacancies occurring in the office of a councillor within 18 months after the last ordinary election of councillors for the Council on 14 September 2024 are to be filled by a countback of votes cast at that election for the office in accordance with section 291A of the Act and directs the general manager to notify [insert name of election manager] of the Council’s decision within 7 days of the decision.”

Councils that do not resolve to fill vacancies using a countback at their first meeting after the election will be required to fill vacancies using a by-election (section 291A Local Government Act 1993 (NSW) (the Act)).

Under section 291A of the Act, if there is a casual vacancy, any countback election would be conducted by a returning officer appointed by the Electoral Commissioner because the election at which the person whose departure created the casual vacancy was administered by the Electoral Commissioner.

If a countback election fails or the returning officer is otherwise unable to fill the casual vacancy by a countback election then the returning officer must notify the General Manager, and a by-election must be held to fill the casual vacancy. Countback elections are also not available for elections using the optional preferential voting system – i.e. elections where only one civic office is required to be filled, such as the election of a popularly elected mayor.

Amendments were made to the electoral provisions of the Local Government (General) Regulation 2021 (the Regulation) (as it then was), to give councils the option of avoiding the cost of by-elections in the first 18 months of councils’ terms by filling vacancies by a countback.

The amendments also give effect to previous amendments made to the Act removing the ability of councils’ general managers to administer their councils’ elections, and requiring councils to engage an electoral services provider to administer their elections where they do not enter into an election arrangement with the NSW Electoral Commissioner.

A countback election is used to elect a councillor to fill a single vacancy, where the vacating councillor was elected under the proportional representation method (i.e. where two or more candidates were elected at a local government ordinary election). If there are multiple vacancies, a separate countback election is held for each vacancy.

Where councils resolve to fill casual vacancies using a countback in the first 18 months of their terms, the general manager is required under the Local Government (General) Regulation 2021 (NSW) (the Regulation) to notify the election manager of the council’s ordinary election of the council’s resolution within seven (7) days of the resolution.

The returning officer contacts all unelected candidates from the local government ordinary election who may still qualify to be elected to the office of councillor. Where the candidate is interested, they must submit a formal application to the returning officer. All candidates who submit and do not withdraw their application, become eligible candidates. At a countback election, a sitting councillor cannot be unelected, and non-eligible candidates cannot be elected.

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.

The timeline for a countback election is:

1. The Electoral Commissioner is notified of a casual vacancy, within seven days of it occurring.

2. A returning officer is appointed within 14 days of the notification of the vacancy.

3. Casual vacancy notices are issued 2 to 14 days from the appointment of the returning officer.

4. Where a candidate is interested, they must submit a formal application to the returning officer. The application period closes after 10 days of the notices being issued.

5. The countback is conducted within 14 days of the vacancy notices being issued.

6. It may take up to a month for the results to be declared.

A countback election must be completed within 49 days, and applications for candidates to participate are open for 10 days.

If there are no eligible candidates, an attendance by-election must be held. If there is only one eligible candidate, that candidate is elected. If there are multiple eligible candidates, a countback election is conducted. In a countback election, the returning officer undertakes the following:

· uses preference data from ballot papers from the previous local government ordinary election

· uses the same proportional representation method used in the original election

· effectively re-runs the election making the vacating councillor ineligible and distributing each of their ballot papers to the next preference on the ballot paper

· if a non-eligible candidate would be elected, the election is re-run with that candidate’s ballot papers also distributed to their next preference on the ballot paper

· re-runs the countback until an eligible candidate is elected.

Eligible candidates and the council are then notified of the result.

Financial Implications

At the time of preparing this Report the NSW Electoral Commission have not done any modelling on the cost of a countback election, but the cost of a traditional attendance by-election is approximately 75% of the cost of an ordinary election.

Countback elections are at a lower cost than a by-election because no polling places or pre-poll venues will be required to be hired and staffed. Also, no materials will have to be provided and distributed to each of the venues.

Policy and Legislation

Local Government Act 1993 (NSW)

Schedule 9A of the Local Government (General) Regulation 2021

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We have leaders that represent us

Risk Management Issues for Council

N/A

Internal / External Consultation

NSW Electoral Commission

Attachments

1 ⇩.

Countback Information Fact Sheet

Report submitted to the Ordinary Meeting of Council on Monday 14 October 2024

RP-4

RP-4 2024 Local Government NSW Annual Conference - Election of Delegates and Motions

Author: Nicole Johnson

Executive: Scott Gray

Summary:

The Local Government NSW (LGNSW) Annual Conference is taking place from 12 to 14 November 2023 at Rosehill Gardens Racecourse Sydney. The purpose of this Report is to elect delegates to attend the conference and to consider submitting motions to the Conference.

Recommendation

That Council:

a endorse the Mayor and three (3) Councillors to attend the Local Government NSW Annual Conference to be held from Sunday 17 to Tuesday 19 November 2024

b elect three Councillor delegates referred to in (a) above to attend the Conference

c note that Councillors elected to attend the conference will be Council’s voting delegates for any Local Government NSW elections for the following twelve months

d notes that no motions have been received for the conference

Report

The Annual Conference will be held from Sunday 17 to Tuesday 19 November at Tamworth Regional Entertainment and Conference Centre.

The destination host council partner is Tamworth Regional Council.

The Annual Conference is the supreme policy-making body of LGNSW and an opportunity for councillors to come together to share ideas and debate issues that shape the way LGNSW is governed and advocates on behalf of the local government sector.

LGNSW members may put forward motions for consideration of the Annual Conference. Where a majority of voting delegates at the Annual Conference vote in support of the motion, it is adopted as a resolution of LGNSW. LGNSW updates its Policy Platform annually to reflect these resolutions, and they also inform our Advocacy Priorities.

The conference is also an opportunity for Mayors and Councillors from right across NSW to learn from and support each other, and consider new ways to deliver for the communities they represent.

Key Dates

· Sunday 20 October – Final Motions due

· Wednesday 23 October – Registrations close

· Wednesday 6 November – Nominated voting delegate names due

Motions submission have been open from Wednesday 17 July 2024. Members are encouraged to submit Final Motions from Council by the Friday 18 October 2024.

Under the LGNSW Rules, the latest date motions can be accepted for inclusion in the business paper is Sunday 20 October 2024.

Feedback was sought from Councillors and Executive staff with no motions being received.

In accordance with Council’s membership with LGNSW, Council have four (4) votes at the Conference, therefore it is recommended that the Mayor attend with three (3) Councillors.

Financial Implications

The estimated cost per delegate to attend the conference is $3111.00 per person including flights, registration at the early bird rate, accommodation and the conference dinner as below (all GST exclusive costs):

Registration	$1485.00
Conference Dinner Ticket	$230.00
Two Nights’ Accommodation	$450.00
Estimated Travel Cost (flights from Wagga to Tamworth)	$946.00
Total Cost Per Delegate	$3111.00
Total Registration and Accommodation Cost for Four Delegates	$12,444

In addition, there will be further costs for travel and out of pocket expenses. The conference will be funded from the Councillors’ development, conferences and travel budget which currently has a budget allocation of $20,000 for the 2024/25 financial year, with no expenditure incurred to date this financial year.

Job consolidation number – 12080: Councillor Development/Conferences/Travelling

Policy and Legislation

POL 025 - Payment of Expenses and Provision of Facilities to Councillors.

Link to Strategic Plan

Community Leadership and Collaboration

Objective: We have strong leadership

Outcome: We have leaders that represent us

Risk Management Issues for Council

N/A

Internal / External Consultation

Councillors and Executive team

Attachments

1 ⇩.

Annual Conference Program - LG NSW Annual Conference - 17-19 November 2024

Report submitted to the Ordinary Meeting of Council on Monday 14 October 2024

RP-5

RP-5 NSW PUBLIC LIBRARIES ASSOCIATION (NSWPLA) SWITCH 2024 CONFERENCE AND ANNUAL GENERAL MEETING

Author: Madeleine Scully

Executive: Janice Summerhayes

Summary:

Endorse representation and appointment of one Councillor to attend the NSW Public Libraries Association (NSWPLA) SWITCH 2024 Conference being held in Coffs Harbour 12-15 November 2024.

Recommendation

That Council:

a be represented at the NSW Public Libraries Association (NSWPLA) SWITCH 2024 Conference and Annual General Meeting, to be held in Coffs Harbour on 12-15 November 2024

b appoints one Councillor as Council’s delegate to attend the conference

Report

SWITCH 2024 will be held at the Opal Cove Resort in Coffs Harbour NSW. The conference theme in 2024 is ‘The Power of Opportunity: Leadership, AI, You’.

Tuesday 12 November is the opening of the Conference, and it will include the announcement of the successful nominations for the 2024 scholarships and awards program. This will be followed by the SWITCH 2024 Conference program on Wednesday and Thursday. The NSWPLA Annual General Meeting will be held on the morning of Friday 15 November 2024.

The annual SWITCH Conference is for Councillors and Council library staff providing an important opportunity for delegates to learn about contemporary practices and developments in the library sector, along with a platform to extend contacts and partnerships beyond the boundaries of the local South-West Zone Library Association, of which captures Wagga Wagga City Council library services.

The NSWPLA Annual General Meeting is also held at this time, providing the platform for discussions surrounding the lobbying and advocacy work of the South-West Zone Library Association.

Wagga Wagga City Council’s NSW Public Libraries Association’s appointed representatives (Southwest Region) can nominate to attend the SWITCH conference as can any other councillor.

Financial Implications

The cost for attendance of one Councillor at the Conference is $950 plus GST. The conference and accommodation costs will be funded from the Councillors’ Conference and travelling budget which has $40,000 for the 2024/25 financial year, with $920 expenditure as at 30 September 2024.

Policy and Legislation

POL-025 – Payment of Expenses and Provision of Facilities to Councillors.

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

Attachments

1 ⇩.

SWITCH 2024 Conference Program

Report submitted to the Ordinary Meeting of Council on Monday 14 October 2024

RP-6

RP-6 DISCLOSURE OF PECUNIARY INTEREST RETURNS - COUNCILLORS AND DESIGNATED STAFF 2024

Author: David Galloway

General Manager: Peter Thompson

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 2023 to 30 June 2024 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”.

All returns of interests 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.

The General Manager reviewed the list of Designated Persons in the previous return period and, as a result, the number of persons who were required to complete and lodge a Return under Clause 4.21, was reduced. The result of this review continues to be reflected in the current register.

Lodgement of Declarations of Pecuniary Interest Returns was required by 30 September 2024. As at 2 October 2024, returns were received from eight (8) of eight (8) Councillors and all Designated Persons as required under the Code. Returns from all other Designated Persons were lodged by 30 September 2024.

Accordingly, Council’s register of Pecuniary Interest Returns 2024 is submitted to this meeting of Council as prescribed by the Code.

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. One return is currently redacted in the attachment to this report, following assessment of a request for same.

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.

Newly elected Councillors have been provided with relevant information so that they can complete their Returns and provide them to the General Manager within three (3) months of the declaration of the poll. Those Returns will be tabled at the first Council meeting to be held in 2025.

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 ⇩.

Pecuniary Disclosures by Councillors and Designated Persons Returns as at 30 June 2024

Report submitted to the Ordinary Meeting of Council on Monday 14 October 2024

RP-6

Report submitted to the Ordinary Meeting of Council on Monday 14 October 2024

RP-7

RP-7 QUESTIONS WITH NOTICE

Author: Scott Gray

Summary:

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

Recommendation

That Council receive and note the report.

Report

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

Councillor J McKinnon

Is the Council aware of the recent surge in the carp population within the lagoon, and are there any plans in place to address this issue?

European Carp are a common and widespread pest species of freshwater fish. They have destructive bottom-feeding habits which stir up sediments, reduces water quality and damages habitat for native fish existing in the same ecosystem. Council does not currently have the resourcing to undertake monitoring of actual carp numbers, nor to undertake control of carp populations on a routine basis.

Council staff have undertaken electrofishing by a licenced contractor on an ad hoc basis when suitable funding has been found. The last time was in June 2021, and approximately 700kg of carp were removed. Prior to that event electrofishing of the Lagoon had not been undertaken for more than a decade. Council will fund an additional round of electrofishing in Autumn 2025 to help reduce the current carp population in the Wollundry Lagoon.

Council also allows ‘Carp-a-thon’ style fishing events in the Lagoon, subject to request and evaluation. The last one took place in April 2024 and was organised by South Wagga Apex. Events of this nature have been occurring on and off for many years, but this only has a relatively small impact on carp numbers.

Both the NSW and Federal Government are working to develop and implement integrated management programs that combine physical removal with biological controls and on improving coordination between agencies and stakeholders involved in carp control.

Councillor T Koschel

Registration fees for puppies and is there a concession or consideration for this process for pensioners

The NSW Office of Local Government sets the fees and charges for registering pet cats and dogs under the NSW Companion Animals Act 1998.

Puppies must be lifetime registered by 12 weeks of age, and the registration fee for an eligible pensioner is $34.00.

An extra fee applies if a dog is not desexed by 6 months of age. If this occurs the Owner must pay an extra registration fee of $184.00.

Councillor T Koschel

Best Park in Ashmont has some overland flooding which is impacting houses. Is Council aware of any works coming up in this area.

Councils Major Overland Flood Flow Study (MOFFS) does not identify that Best Park is subject to overland flow. It is likely that any stormwater flows off Best Park during rainfall is natural run-off. Given the MOFFS does not identify any significant flooding issues associated with Best Park, there are no stormwater works identified or planned for Best Park.

Councillor M Henderson

Can the Council consider issuing permits for the collection of roadside wood, specifically to assist individuals facing financial difficulties?

Council is legally able to issue permits for firewood if it chooses to do so, however all elements of a permit system would still need to comply with the NSW Biodiversity Conservation Act 2016 and take into account the potential liability issues of allowing people to undertake a potentially dangerous activity on public roadsides. Council does not currently have the resources to design, implement, monitor and enforce a permit system.

Councillor R Foley

Can Council provide information on the current status of the village community consultation process?

Council staff have been working with the points of contact in each Village to develop a process on how to engage with each village that meets the needs of the local community. As a result a number of engagements have taken place in relation to key strategies such as the Community Strategic Plan. In addition to the meetings a series of subpages are being developed on our Community Engagement platform. This will be a location for villages residents to see what is happening in their community and to provide a platform to engage directly with Council. Staff are currently preparing a schedule of visits at villages between November and the first quarter of 2025 to provide an opportunity for residents to meet the new Council.

Councillor R Foley

Requested an update on the status of the proposal for establishing an Equestrian Centre at CSU?

Council has previously partnered with CSU to deliver equestrian facilities at CSU and continue to have ongoing discussions on the management of these facilities. There are no current plans for Council to partner with CSU to establish additional facilities. Staff have also recently received multiple submissions from the Equex Outdoor Association and Rodeo promotors regarding additional equine facilities at the Exhibition Centre. These requests will be considered as part of the development of a master plan for the Exhibition Centre which will commence shortly.

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