AGENDA AND BUSINESS PAPER

Ordinary Meeting of Council

To be held on
Monday
12 December 2016

AT 6.00pm

Cnr Baylis and Morrow Streets,
Wagga Wagga NSW 2650
PO Box 20, Wagga Wagga

Phone: 1300 292 442
Fax: 02 6926 9199
Website: www.wagga.nsw.gov.au

NOTICE OF MEETING

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations there under, notice is hereby given that an Ordinary Meeting of the Council of the City of Wagga Wagga will be held in the Council Chamber, Civic Centre, Corner Baylis and Morrow Streets, Wagga Wagga, on Monday 12 December 2016 at 6.00pm.

Mr Alan Eldridge

General Manager

WAGGA WAGGA CITY COUNCILLORS

Mayor Councillor Greg Conkey OAM	Deputy Mayor Councillor Dallas Tout	Councillor Yvonne Braid	Councillor Paul Funnell
Councillor Dan Hayes	Councillor Vanessa Keenan	Councillor Rod Kendall	Councillor Tim Koschel
Councillor Kerry Pascoe

QUORUM

The quorum for a meeting of the Council is a majority of the Councillors of the Council who hold office for the time being who are eligible to vote at the meeting.

COUNCIL MEETING ROOM

Reports submitted to the Ordinary Meeting of Council to be held on Monday 12 December 2016.

Ordinary Meeting of Council AGENDA AND BUSINESS PAPER

Monday 12 December 2016

ORDER OF BUSINESS:

CLAUSE               PRECIS                                                                                            PAGE

PRAYER 2

ACKNOWLEDGEMENT OF COUNTRY 2

APOLOGIES 2

CONFIRMATIONS OF MINUTES 2

CM-1 ORDINARY COUNCIL MEETING - 21 NOVEMBER 2016

CM-2 SUPPLEMENTARY COUNCIL MEETING - 5 DECEMBER 2016

DECLARATIONS OF INTEREST 2

Reports from Policy and Strategy Committee

PS-1            POLICY AND STRATEGY COMMITTEE MEETING - 5 DECEMBER 2016    3

Motions Of Which Due Notice Has Been Given

NOM-1         NOTICE OF MOTION - FOOTPATH NETWORK CONNECTIVITY               15

NOM-2         NOTICE OF MOTION - COST SHIFTING OF PUBLIC LIBRARY FUNDING 17

Reports from Staff

RP-1            COUNCIL AND COMMITTEE MEETING DATES AND TERMS OF REFERENCE - DEVELOPMENT ASSESSMENT STANDING COMMITTEE                        19

RP-2            FINANCIAL PERFORMANCE REPORT NOVEMBER 2016                        99

RP-3            PETITION - EMBLEN PARK                                                                    102

RP-4            MAJOR EVENTS FUNDING REQUEST                                                   104

Committee Minutes

M-1              AUDIT AND RISK COMMITTEE MINUTES - 10 NOVEMBER 2016           117

QUESTIONS/BUSINESS WITH NOTICE 128

Confidential Reports

CONF-1       RFT2017/11 ROAD STABILISATION PRODUCTS SUPPLY                     126

CONF-2       RFT2017/10 CONSTRUCTION OF CATTLE YARDS AND PEN EXTENSION LIVESTOCK MARKETING CENTRE                                                        127

PRAYER

ACKNOWLEDGEMENT OF COUNTRY

APOLOGIES

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 21 NOVEMBER 2016

Recommendation

That the Minutes of the proceedings of the Ordinary Council Meeting held on 21 November 2016 be confirmed as a true and accurate record.

Attachments

1⇩.

Ordinary Council Meeting - Minutes - 21 November 2016

132

CM-2 SUPPLEMENTARY COUNCIL MEETING - 5 DECEMBER 2016

Recommendation

That the Minutes of the proceedings of the Supplementary Council Meeting held on 5 December 2016 be confirmed as a true and accurate record.

Attachments

1⇩.

Minutes - Supplementary Council Meeting - 5 December 2016

155

DECLARATIONS OF INTEREST

Report submitted to the Ordinary Meeting of Council on Monday 12 December 2016.                                                    PS-1

Reports from Policy and Strategy Committee

PS-1 POLICY AND STRATEGY COMMITTEE MEETING - 5 DECEMBER 2016

Recommendation

That the Minutes of the Policy and Strategy Committee Meeting held on 5 December 2016 be confirmed and recommendations numbered PSCM-1, PSRP-1 to PSRP-8 and PSM-1 contained therein be adopted.

Attachments

1⇩.	Minutes - Policy and Strategy Committee Meeting - 5 December 2016

Report submitted to the Ordinary Meeting of Council on Monday 12 December 2016.                                                    PS-1

Minutes of the Policy and Strategy Committee Meeting held on Monday 5 December 2016.

Present

Councillor Rod Kendall (Chairperson)

The Mayor, Councillor Greg Conkey OAM

Councillor Yvonne Braid

Councillor Dan Hayes

Councillor Vanessa Keenan

Councillor Tim Koschel

In Attendance

Community Sector Manager                                                 (Mrs J Summerhayes)

Commercial Operations Sector Manager                           (Mrs C Angel)

Commercial Development Sector Manager                       (Mr P Somerville)

Chief Financial Officer                                                           (Mrs N Te Pohe)

Acting Chief Financial Officer                                               (Mr C Richardson)

Acting Manager City Strategy                                               (Mrs C Priest)

Manager Special Projects                                                      (Mr J Bolton)

Manager Project Operations                                                 (Mr S Postma)

Senior Town Planner                                                             (Mrs C Rocks)

Project Manager Recreation, Open Space &

Community Strategy                                                               (Mr B Creighton)

Manager Executive Support                                                  (Mr S Gray)

Strategic Partner – Corporate Governance & Risk           (Mrs N Johnson)

Marketing & Communications Coordinator                        (Mr B Koschel)

Governance Officer                                                                (Miss B King)

Acknowledgement Of Country

I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of this Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Community members present. 

APOLOGIES

An apology for non-attendance was received and accepted for Councillors K Pascoe and General Manager, Mr Alan Eldridge on the Motion of The Mayor, Councillor G Conkey OAM and Councillor V Keenan.

CARRIED

LEAVES OF ABSENCE

Recommendation:

On the Motion of The Mayor, Councillor G Conkey OAM and Councillor V Keenan

That a leave of absence be granted to Councillors D Tout for 5 December 2016 and Councillor P Funnell for 5 December to 12 December 2016 inclusive.

CARRIED

CONFIRMATION OF MINUTES

PSCM-1    POLICY AND STRATEGY COMMITTEE MEETING - 7 NOVEMBER 2016

Recommendation:

On the Motion of The Mayor, Councillor G Conkey OAM and Councillor V Keenan

That the Minutes of the proceedings of the Policy and Strategy Committee Meeting held on 7 November 2016 be confirmed as a true and accurate record.

CARRIED

Declarations Of Interest

Councillor T Koschel declared a Non Pecuniary, Non-Significant Interest in PSRP – 4 POMINGALARNA MULTISPORT CYCLING COMPLEX the reason being that he is a member of the Tolland Cycle Club and remained in the chamber during its consideration.

PUBLIC DISCUSSION FORUM

PSRP-1 DA16/0185 - DEVELOPMENT APPLICATION FOR 2 x 4 BEDROOM HOUSES WITH TORRENS TITLE SUBDIVISION AT 83, BROOKLYN DRIVE, BOURKELANDS

·    Mr Garry Salvestro, Salvestro Planning – Speaking in favour of the report

PSRP-4 POMINGALARNA MULTISPORT CYCLING COMPLEX

·    Mr Paul Johansson – Speaking in favour of the report

PSRP-5 SUPPORT FOR SYNTHETIC FOOTBALL FIELD DEVELOPMENT AT RAWLINGS PARK

·    Mr Brendan Flanagan – Speaking in favour of the report

PSRP-6 SUPPORT FOR ATHLETICS PARK UPGRADE PROJECT

·    Mr Hamish Wheatley – Speaking in favour of the report

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

Recommendation:

On the Motion of Councillors D Hayes and T Koschel

That Council bring forward consideration of PSRP-1 DA16/0185 - DEVELOPMENT APPLICATION FOR 2 x 4 BEDROOM HOUSES WITH TORRENS TITLE SUBDIVISION AT 83, BROOKLYN DRIVE, BOURKELANDS, PSRP-4 POMINGALARNA MULTISPORT CYCLING COMPLEX, PSRP-5 SUPPORT FOR SYNTHETIC FOOTBALL FIELD DEVELOPMENT AT RAWLINGS PARK AND PSRP-6 SUPPORT FOR ATHLETICS PARK UPGRADE PROJECT to follow the public discussion forum.

CARRIED

PSRP-1    DA16/0185 - DEVELOPMENT APPLICATION FOR 2 x 4 BEDROOM HOUSES WITH TORRENS TITLE SUBDIVISION AT 83, BROOKLYN DRIVE, BOURKELANDS

Recommendation:

On the Motion of Councillor V Keenan and The Mayor, Councillor G Conkey OAM

That Council approve DA16/0185 - DEVELOPMENT APPLICATION FOR 2 x 4 BEDROOM HOUSES WITH TORRENS TITLE SUBDIVISION AT 83, BROOKLYN DRIVE, BOURKELANDS subject to the conditions outlined in the Section 79C Assessment Report for DA16/0185 with the additional conditions below:

Prior to release of Construction Certificate

11(a)     Prior to the release of Construction Certificate a geo-technical report must be submitted to the Principal Certifying Authority that demonstrates that the proposed excavation will not adversely impact the adjoining properties and will be classified in accordance with Part 3.2.4 "Site Classification", of the Building Code of Australia and AS 2870 Residential Slabs and Footings.

This report must be carried out by an experienced geo-technical engineering consultant, with associated testing being conducted by a NATA registered laboratory. The report shall identify the type of "site classification" that exists on the subject site. Any footing/slab design is to be designed having regards to the identified site classification.

REASON: It is in the public interest that all building elements are designed to be able to withstand the combination of loads and other actions to which they may be subjected. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

During Works

21(a)     If it is required or intended to excavate below the level of the base of the footings of a building or structure on the adjoining allotment, including a public place, the person causing the excavation must:

(a)     Preserve and protect the building from damage;

(b)     Take into consideration any cut and fill design works that are proposed for any adjoining site(s) in the design of works to the site with the benefit of this consent;

(c)     If necessary, underpin and support the building or structure in an approved manner. Where underpinning is required, details prepared by a practising structural engineer are to be submitted to the Principal Certifying Authority before underpinning works commence; and

(d)     Give at least 7 days notice together with details to the owner(s) of the adjoining allotment of the intention to excavate below the base of the footings;

(e)     Subject to the agreement of the owner(s) of the adjoining allotment, a dilapidation report must be prepared by a qualified structural engineer, for the building or structure on that property, at the expense of the person acting on the consent, and presented to the owner(s) of that property.

Where underpinning is required, details prepared by a practising structural engineer are to be submitted to the Principal Certifying Authority before underpinning works commence.

(f)      engineered design of the retaining structure by a certified practicing engineer prior to the release of the construction certificate

REASON: To minimise the impact of building works on adjoining land and structures and to ensure that all proposed works are designed to be able to withstand the combination of loads and other actions to which they may be subjected. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

CARRIED

RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS - SECTION 375A(3) LOCAL GOVERNMENT ACT 1993

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel

PSRP-4    POMINGALARNA MULTISPORT CYCLING COMPLEX

Recommendation:

On the Motion of The Mayor, Councillor G Conkey OAM and Councillor T Koschel

That Council:

a       endorse the Pomingalarna Multisport Cycling Complex feasibility study

b       contribute $5,000 in partnership funding to allow a review of environmental factors to be undertaken for the project

c       subject to the Review of Environmental Factors (REF) determining the Pomingalarna site suitable, endorse the General Manager or his delegate to enter into a Memorandum of Understanding with the Wagga Wagga Combined Cycling Clubs to partner in the future planning and implementation of this project

d       note and approve the budget variation/s as detailed in the budget section of the report

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel

PSRP-5    SUPPORT FOR SYNTHETIC FOOTBALL FIELD DEVELOPMENT AT RAWLINGS PARK

Recommendation:

On the Motion of Councillor V Keenan and The Mayor, G Conkey OAM

That Council provide in principle support to enable Football Wagga Wagga to submit funding applications for a synthetic football field and endorse staff providing assistance to Football Wagga Wagga during the planning stage of this project.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel

PSRP-6    SUPPORT FOR ATHLETICS PARK UPGRADE PROJECT

Recommendation:

On the Motion of Councillors T Koschel and Y Braid

That Council provide in principle support to enable the Wagga Wagga Little Athletics Club and Kooringal Wagga Athletics Club to submit funding applications for the upgrade of the Athletics Park and endorse staff providing assistance to complete the required project planning documentation.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel

ENGLOBO

Recommendation:

On the Motion of The Mayor, Councillor G Conkey OAM and Councillor V Keenan

That Council adopt PSRP-3, PSRP-7, PSRP-8 and PSM-1 as recommended in the business papers.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel

REPORTS FROM STAFF

PSRP-2    AMENDMENT NUMBER 12 TO THE WAGGA WAGGA DEVLOPMENT CONTROL PLAN 2010

Recommendation:

On the Motion of Councillors V Keenan and T Koschel

That Council endorse the exhibition of the proposed amendments to the Wagga Wagga Development Control Plan 2010 in accordance with the Environmental Planning and Assessment Act 1979 public consultation provisions.

CARRIED

RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS - SECTION 375A(3) LOCAL GOVERNMENT ACT 1993

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel

PSRP-3    RESIDENTIAL STRATEGY AND RURAL LAND STRATEGY PROCESSES AND CRITERIA FOR ASSESSING GROWTH OPTIONS

Recommendation:

On the Motion of Councillors G Conkey OAM and V Keenan

That Council:

a       endorse the process for drafting the residential strategy and rural strategy

b       endorse the assessment criteria

c       undertake community engagement on the process and assessment criteria for the residential and rural strategies

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel

PSRP-7    TASK FORCE 72 - SECTION 356 DONATION REPORT

Recommendation:

On the Motion of Councillors G Conkey OAM and V Keenan

That Council:

a       donate $1,670 to Task force 72 (Scale Model Ship Association Wagga Wagga) in accordance with Section 356 of the Local Government Act 1993

b       note and approve the budget variation/s as detailed in the budget section of the report

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel

PSRP-8    ABORIGINAL PLACES PLAN OF MANAGEMENT

Recommendation:

On the Motion of Councillors G Conkey OAM and V Keenan

That Council:

a       receive and note the report

b       endorse the Aboriginal Places Plan of Management to go on public exhibition for a period of 28 days

c       receive a further report following the exhibition period

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel

COMMITTEE MINUTES

PSM-1       TRAFFIC COMMITTEE MINUTES

Recommendation:

On the Motion of Councillors G Conkey OAM and V Keenan

That Council receive the minutes of the Traffic Committee Meeting held on 10 November 2016.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel

QUESTIONS/BUSINESS WITH NOTICE

No Questions/Business with Notice received.

THIS COMPLETED THE BUSINESS OF THE POLICY AND STRATEGY COMMITTEE MEETING WHICH ROSE AT 6.40pm.

…………………………………………………..

                                                                                                      CHAIRPERSON

Report submitted to the Ordinary Meeting of Council on Monday 12 December 2016.                                                NOM-1

Motions Of Which Due Notice Has Been Given

NOM-1 NOTICE OF MOTION - FOOTPATH NETWORK CONNECTIVITY

Author:          Councillor Dan Hayes

Analysis:

The public constantly highlights footpaths as a priority for Council and there is concern that the footpaths do not extend or connect to meet the needs of a changing city.

Recommendation

That Council receives a report as part of the 2017/18 Operational Plan budget process which outlines the gaps and potential funding sources for the consideration of new footpaths to enable improved accessibility and connectivity between the existing footpath network.

Key Reasons

·   The public constantly highlights footpaths as a priority for council

·   There is concern that the footpaths do not extend or connect to meet the needs of a changing city

·   A process is required in which gaps are identified, and areas in which footpaths were not completed to be assessed and evaluated

·   There is the possibility of using the funds that were not used for the Eunony Bridge upgrade as a result of receiving State Government funding

·   A report would be expected for the first quarter of 2017

Financial Implications

Any change in Council priorities or redirection of funding will have an impact on Council’s budget. The financial implications will be addressed in the subsequent report if this recommendation is passed.

Policy

N/A

Link to Strategic Plan

2. We are a safe and healthy community

2.2 We have an active and healthy community

Risk Management Issues for Council

No specific issues identified.

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Monday 12 December 2016.                                                NOM-2

NOM-2 NOTICE OF MOTION - COST SHIFTING OF PUBLIC LIBRARY FUNDING

Author:          Councillor Dan Hayes

Analysis:

State government funding for its network of 370 libraries across NSW continues to diminish year on year in comparative terms, to a record low of currently 7%.

Recommendation

That Council write to the Premier requesting an update on the progress made by the NSW Government in addressing the inequity in funding for public libraries.

Key Reasons

·        The NSW State Budget on 21 June 2016, provided an increase of $2,100,000 in public library funding over the two year period of 2016/17 to 2017/18. A proportion of this funding will be allocated to Councils that merged on 12 May 2016, while regional and rural councils that are part of cooperative arrangements under the Library Act are eligible for a collaboration incentive payment.

·        The 2016-18 funding increases fall well short of the quantum required to ensure the future prosperity and sustainability of the NSW public library sector.  Despite evidence based increases in demand for libraries and the benefit they bring to libraries across NSW, state funding remains historically low relative to local government input.

·        State government funding for its network of 370 libraries across NSW continues to diminish year on year in comparative terms, to a record low of just 7% currently. What that looked like in 2014/15 (the most recent period that local government expenditure information is available) was a state government contribution of $3.96 per capita compared to a local government contribution of $48.32 per capita. Local government contributed over 12 times more to NSW libraries than did the state government.

·        NSW provides the lowest percentage of state funding of all the Australian states and Territories

·        Not surprisingly, local government is suffering “library funding fatigue” as the burden of state government cost shifting compromises capacity to maintain library services in many Councils across NSW.

·        The Minister for the Arts has previously advised that library funding will be reviewed when the Fit For the Future program is finalised.

Financial Implications

The State Government per capita subsidy received for the provision of Library services has remained relatively constant over the past few years, while the annual costs to provide library services has increased.  The actual subsidy received over the past 5 years is as follows:

	2015/16	2014/15	2013/14	2012/13	2011/12
Grant received	116,178	114,976	113,666	118,226	117,475
% increase from prior year	1.05%	1.15%	-3.86%	0.64%	0.95%

Policy

N/A

Link to Strategic Plan

1. We are an engaged and involved community

1.1 We are a community that is informed and involved in decisions impacting us

Risk Management Issues for Council

No specific issues identified.

Internal / External Consultation

N/A

Report submitted to the Ordinary Meeting of Council on Monday 12 December 2016.                                                    RP-1

Reports from Staff

RP-1 COUNCIL AND COMMITTEE MEETING DATES AND TERMS OF REFERENCE - DEVELOPMENT ASSESSMENT STANDING COMMITTEE

Author:                        Hensley, Ingrid

General Manager:    Eldridge, Alan

Analysis:

Council has endorsed by resolution to schedule a monthly Council meeting in combination with a standing committee to deal with development assessments. The purpose of this report is to endorse the Development Assessment Committee Terms of Reference and approve meeting dates for both the Ordinary Council and the Standing Committee meetings for 2017.

Recommendation

That Council:

a       endorse the schedule of Ordinary Council meetings for the period January 2017 to December 2017 as outlined in the report

b       endorse the schedule of Development Assessment Standing Committee meetings for the period February 2017 to December 2017 as outlined in the report

c        endorse the Development Assessment Standing Committee Terms of Reference

d       delegate authority to the General Manager, in consultation with the Mayor, to change a date and/or time of an Ordinary Council or Development Assessment Standing Committee meeting, if deemed appropriate

e       should the Mayor determine not to exercise their rights under clause 267 of the Local Government Regulations 2005, that Council endorse the Chair of the Development Assessment Standing Committee to be appointed on a monthly rotation of all Councillors, the order to be drawn by lot

f        amend the Code of Meeting Practice to include Standing Committees

Key Reasons

Council at its meeting held 21 November 2016 resolved to endorse a schedule of monthly Council Meetings, establish a monthly Planning Standing Committee for the term of Council and receive a report outlining the Terms of Reference for the Planning Standing Committee.

Council is required under Section 365 of the Local Government Act 1993 to meet at least 10 times each year, each time in a different month. A schedule of proposed meeting dates is provided below for Ordinary Council Meetings for 2017.

Ordinary Council meeting dates

Outlined below are the proposed Ordinary Council Meeting dates for the period January 2017 to December 2017:

·           30 January 2017

·           27 February 2017

·           27 March 2017

·           24 April 2017

·           22 May 2017

·           26 June 2017

·           24 July 2017

·           28 August 2017

·           25 September 2017

·           23 October 2017

·           27 November 2017

·           18 December 2017

Please note

Christmas break bought forward a week to 18 December 2017.

Planning Standing Committee - “Development Assessment Standing Committee”

It is proposed that the Planning Standing Committee be called the Development Assessment Standing Committee to reflect that the Committee will have Terms of Reference which will limit it to dealing with development applications only. All other planning matters which require a Council resolution (e.g. changes to the Development Control Plan (DCP)) will be considered at the Ordinary Council meetings.

This Committee will comprise of all Councillors and will meet two weeks prior to the Ordinary Council meeting to consider and make recommendations to Council on development applications before Council.

The Development Assessment Standing Committee Terms of Reference are attached, for the endorsement of Council.

Development Assessment Standing Committee meeting dates

Outlined below are the proposed Development Assessment Standing Committee Meeting dates for the period February 2017 to December 2017:

·           13 February 2017

·           10 April 2017

·           8 May 2017

·           13 June 2017 (Tuesday)

·           10 July 2017

·           14 August 2017

·           11 September 2017

·           9 October 2017

·           13 November 2017

·           11December 2017

The meetings listed above may not proceed if there are no developments applications placed on the Agenda which require determination by Council.

Please note

Queen’s Birthday Public Holiday – Moved back a day to Tuesday 13 June 2017.

Code of Meeting Practice

As a result of the establishment of the Development Assessment Standing Committee the Code of Meeting Practice has been revised to include the provision of a Standing Committee. The revised Code of Meeting Practice is attached for the endorsement of Council.

Please note the Office of Local Government is developing a Model Code of Meeting Practice, which is expected for release in 2017.

A full review of Council’s Code of Meeting Practice will take place following the release of the Model Code of Meeting Practice.

Financial Implications

N/A

Policy

N/A

Link to Strategic Plan

1. We are an engaged and involved community

1.1 We are a community that is informed and involved in decisions impacting us

Risk Management Issues for Council

No specific issues identified.

Internal / External Consultation

N/A

Attachments

1⇩.	Draft Terms of Reference - Development Assesment Standing Committee
2⇩.	Draft Code of Meeting Practice

Report submitted to the Ordinary Meeting of Council on Monday 12 December 2016.                                                                          RP-1

Report submitted to the Ordinary Meeting of Council on Monday 12 December 2016.                                                                          RP-1

Report submitted to the Ordinary Meeting of Council on Monday 12 December 2016.                                                    RP-2

RP-2 FINANCIAL PERFORMANCE REPORT NOVEMBER 2016

Author:                                  Rodney, Carolyn

Acting Sector Manager:  Richardson, Craig

Analysis:

This report is to approve the variations to the 2016/17 original budget and Long Term Financial Plan.

Recommendation

That Council:

a       approve the variations to the 2016/17 original budget for November 2016 and note the deficit budget of ($62K) as presented in this report

b       note the Responsible Accounting Officer’s reports, in accordance with the Local Government (General) Regulation 2005 (Part 9 Division 3: Clause 203) that the financial position of Council is satisfactory having regard to the original estimates of income and expenditure and the recommendations made above

Key Reasons

Council forecasts an overall budget deficit of ($62K) for November 2016 which has resulted in no change to the reported October 2016 deficit.

The monthly investment report for November was not available at the time of producing this report. This will be reported at the first Council meeting in 2017.

Financial Implications

Revised budget result - Surplus/(Deficit)	$’000s
Original funded budget result as adopted by Council Budget variations approved as reported to 21 November 2016 Council Meeting Budget variations for November 2016	$0 ($62K) $0
Proposed revised budget result for November 2016	($62K)

The proposed Budget Variations for November are listed below:

Budget Variation	Amount		Funding Source	Net Impact Fav/ (Unfav)
4 – We have a sustainable natural and built environment
Tarcutta Street Pump 15A Enclosure	$85K		Drainage Maintenance ($85K)	Nil
The construction of a new enclosure over Pump 15A located on Tarcutta Street is required. Construction accommodates the height of the new levy bank and is the primary protection for Wollundry Lagoon and Tony Ireland Park. It is proposed to fund the construction from the existing Drainage Maintenance budget.
New Amenities Building at Duke of Kent Oval	$16K	Internal Loans Reserve ($16K)		Nil
Funding is required to finalise the New Amenities at Duke of Kent Oval to cover the cost of additional earthworks and a store room door. There was no contingency allowed for in the original budget so it is proposed to fund the works from the Internal Loans Reserve with annual repayments of $2K which is to be added to the Long Term Financial Plan.
Asphalt Overpass (Glenfield and Pearson St)	$1,018K	Urban Ashphalt Program ($724K) Roads to Recovery grant funding previously allocated to roads rehab and bridges ($223K) Unallocated Roads to Recovery grant funding ($71K)		Nil
Glenfield Road and Pearson Street roadworks were required which included pavement renewal, removal of existing road surface and reinstatement of new roadway pavement. The existing road surface presented potential road hazards to motorists, which supports traffic flows of 2,000 vehicles per hour in peak periods. It is proposed that the finalised works be funded from Roads to Recovery grant funding and the Urban Asphalt Program.
SURPLUS/(DEFICIT)				Nil

Policy

Budget Variations are reported in accordance with POL 052 Budget Policy.

Link to Strategic Plan

1. We are an engaged and involved community

1.1 We are a community that is informed and involved in decisions impacting us

Risk Management Issues for Council

No specific issues identified.

Internal / External Consultation

All relevant areas within Council have consulted with the Finance Division in regards to the budget variations listed in this report.

Report submitted to the Ordinary Meeting of Council on Monday 12 December 2016.                                                    RP-3

RP-3 PETITION - EMBLEN PARK

Author:                                  Priest, Christine

Acting Sector Manager:  Richardson, Craig

Analysis:

Council has received petition with 57 signatures in response to the proposed Pump/BMX Bike Track planned for Emblen Park Tolland.

Recommendation

That Council:

a       receive and note the petition in opposition to the Pump/BMX Bike Track proposed for Emblen Park Tolland

b       receive a further report in March 2017 following further community consultation

Key Reasons

A petition was received from residents of Tolland on 1 December 2016. This petition contained 57 signatures.  The petition outlines concerns as follows:

We, the residents adjacent to and nearby Emblen Park, Tolland, are strongly opposed to the proposed BMX track to be built in this location.

We would absolutely recommend you fix up the original BMX track between Maher and Huthwaite Streets, leaving Ernblen Park alone.

We absolutely do not want this Emblen Park green space destroyed by this infrastructure, preferring the park to remain a quiet green space, for walking, dog-walking, jogging and general park recreation, in an increasingly traffic busy suburb.

If you wish to improve the park for the nearby residents the only recommendation is that you plant a few more trees, and add more seating/rest areas.

Many residents have lived near the park for decades and also do not want the value of the homes reduced with this large infrastructure being built nearby. The quiet open green space of Emblen Park beautifies the nearby area.

You should have given the nearby park residents much more warning considering this major infrastructure development.

A further report will be provided to Council in March 2017 following further community consultation. The report will also provide more details on the proposed infrastructure and funding.

Financial Implications

N/A

Policy

Petitions Management Policy (POL083)

Link to Strategic Plan

1. We are an engaged and involved community

1.1 We are a community that is informed and involved in decisions impacting us

Risk Management Issues for Council

No specific issues identified

Internal / External Consultation

Grant funding was received from Housing NSW in September 2016 for the construction of a BMX pump track at Emblen Park in Tolland.  An information flyer was distributed to 300 residents in the surrounding area seeking feedback on the proposed development.  This petition was received as a result.

Further community engagement will be conducted in partnership with relevant stakeholders prior to March 2017.

Report submitted to the Ordinary Meeting of Council on Monday 12 December 2016.                                                    RP-4

RP-4 MAJOR EVENTS FUNDING REQUEST

Author:                        Scully, Madeleine

Sector Manager:       Summerhayes, Janice

Analysis:

Council is in receipt of a multi-year application for Major Events Sponsorship funding for the Gears and Beers Festival for 2017 and 2018. Assessment of the application has been undertaken and a recommendation to fund for one year is put forward due to the review of the policy and distribution of funds that will impact on the second year request.

Recommendation

That Council:

a       authorise the General Manager or his delegate to enter into a one year event support agreement up to an amount of $20,000 with Wollundry Rotary Club to sponsor the Gears and Beers Festival for 2017

i         the one year support agreement is committed from 2016/17 Major Events Sponsorship budget

b       undertake a review of the Major Events Sponsorship Policy with the objective of creating a competitive multi-year events sponsorship application process in 2017/18

Key Reasons

Regional City hosting opportunity for a premier cycling event

To continue to support the organisers to grow this festival from a one day event into a two day premier cycling event that will continue to attract riders and their families from interstate and around the world, showcasing Wagga Wagga as a cycling destination and vibrant City.

This event aligns to the current Visitor Economy Strategy to attract quality events to the City as visitors seek out more authentic product offerings and supports the growing demand for nature based tourism.

Access to Destination NSW funding

The ongoing sponsorship and support from the City of Wagga Wagga will assist Wollundry Rotary to secure Regional Flagship Events funding from Destination NSW and secure ongoing support from its major sponsor Rapha (a global cycling brand). The support from these organisations will assist in the promotion of Wagga Wagga as a destination.

Single year support versus multi-year support

Although this event is considered a regional flagship event for Wagga Wagga and a significant driver of visitor economy, the existing Major Events Sponsorship Policy requires revision, to ensure that it supports a revitalised events strategy for the City as well as the objectives identified in the Community Strategic Plan.  It is for this reason that one year support is recommended, for the 2017 event only, and a recommendation is made to review the Major Events Sponsorship Policy. This will ensure a robust, competitive system with a scheduled application and panel assessment process is put in place for 2017/18 and beyond. The review will include the establishment of a panel that has independent representation.

Financial Implications

The Major Events Sponsorship budget is $100,000. There have been four commitments made for the 2016/2017 budget period totalling $68,000; it is proposed that $20,000 is committed from this year’s budget to Gears and Beers to allow them to fund advertising and event promotion in the lead up to next year’s event.  This will also demonstrate support from City of Wagga Wagga to assist in their eligibility for Destination NSW flagship event funding.

This would leave $12,000 in the 2016/17 budget.

Additional in kind support is provided for this event in the form of event promotion which Council undertakes for all event holders.

Policy

POL 087 Major Events Sponsorship Policy.

The purpose of this policy is to stimulate tourism, economic activity and to increase State and national exposure of Wagga Wagga.

Link to Strategic Plan

1. We are an engaged and involved community

1.2 We have opportunities and places for connection

Risk Management Issues for Council

No specific issues identified.

Internal / External Consultation

Internal consultation with relevant staff to discuss applications.

External consultation with applicants for sponsorship.

Attachments

1⇩.	Gears and Beers Major Sponsorship Request Application Form
2⇩.	Letter of Support from Rapha

Report submitted to the Ordinary Meeting of Council on Monday 12 December 2016.                                                                             RP-4

Report submitted to the Ordinary Meeting of Council on Monday 12 December 2016.                                                                          RP-4

Report submitted to the Ordinary Meeting of Council on Monday 12 December 2016.                                                      M-1

Committee Minutes

M-1 AUDIT AND RISK COMMITTEE MINUTES - 10 NOVEMBER 2016

General Manager:    Eldridge, Alan

Recommendation

That Council endorse the recommendations contained in the minutes of the Audit and Risk Committee Meeting held on 10 November 2016.

Key Reasons

The Audit and Risk Committee meeting was held on 10 November 2016.  Minutes of the meeting are attached.

Council has granted certain authorities to the Audit and Risk Committee within the scope of its role and responsibilities, as defined within its Charter.  As an advisory committee to Council, the Audit and Risk Committee has no authority to action items that may have a budget and/or resource implication outside of this authority unless Council resolves to adopt the recommendations.

Financial Implications

There are no budgetary implications associated with the minutes of the 10 November 2016 Audit and Risk Committee meeting.

Policy

POL 098 Internal Audit Policy.

Link to Strategic Plan

1. We are an engaged and involved community

1.1 We are a community that is informed and involved in decisions impacting us

Risk Management Issues for Council

The Audit and Risk Committee assists Council by monitoring its risk exposure and determining if management systems have appropriate risk management processes in place.

Internal / External Consultation

N/A

Attachments

1⇩.	Minutes - Audit and Risk Committee - 11 November 2016

Report submitted to the Ordinary Meeting of Council on Monday 12 December 2016.                                                                            M-1

Report submitted to the Ordinary Meeting of Council on Monday 12 December 2016.

QUESTIONS/BUSINESS WITH NOTICE

Report submitted to the Confidential Meeting of Council on Monday 12 December 2016.                                        CONF-1

Confidential Reports

CONF-1 RFT2017/11 ROAD STABILISATION PRODUCTS SUPPLY

Sector Manager:       Angel, Caroline

This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(d) (i)     commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

Report submitted to the Confidential Meeting of Council on Monday 12 December 2016.

CONF-2 RFT2017/10 CONSTRUCTION OF CATTLE YARDS AND PEN EXTENSION LIVESTOCK MARKETING CENTRE

Author:                        Woods, Darryl

Sector Manager:       Angel, Caroline

This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -

(d) (i)     commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

Report submitted to the Confidential Meeting of Council on Monday 12 December 2016.

Minutes of the Ordinary Meeting of Council held on Monday 21 November 2016.

Present

The Mayor, Councillor Greg Conkey OAM

Councillor Yvonne Braid

Councillor Paul Funnell

Councillor Dan Hayes

Councillor Vanessa Keenan

Councillor Rod Kendall

Councillor Tim Koschel

Councillor Kerry Pascoe

Councillor Dallas Tout

In Attendance

General Manager                                                                    (Mr A Eldridge)

Acting Financial Sector Manager                                         (Mr C Richardson)

Community Sector Manager                                                 (Mrs J Summerhayes)

Commercial Operations Sector Manager                           (Mrs C Angel)

Commercial Development Manager                                    (Mr P Somerville)

Manager Special Projects                                                      (Mr J Bolton)

Acting Manager City Strategy                                               (Mrs C Priest)

Manager Finance                                                                   (Mrs C Rodney)

Manager Community Services                                             (Ms M Scully)

Manager Procurement Services                                           (Mr D Butterfield)

Acting Manager Development Services                              (Mrs A Gray)

Manager Civic Theatre                                                           (Ms C Campbell)

Team Leader Visitor Economy                                             (Ms F Hamilton)

Strategic Partner – Strategy & Communications              (Mr B Koschel)

Corporate Strategy Coordinator                                           (Ms S Wallace)

Cultural Officer                                                                        (Ms T Miller)

Land and Real Property Coordinator                                   (Ms D Wright)

Communications Officer Public/Media                                (Mr J Lang)

Communications & Engagement Officer                             (Miss S Post)

Corporate Governance & Risk Coordinator                        (Mrs J Watkins)

Prayer

Almighty God,

Help protect our Mayor, elected Councillors and staff.

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

Amen. 

Acknowledgement Of Country

I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of this Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Community members present.

APOLOGIES

No apologies were received.

PRESENTATIONS

·        Presentation to Wagga Wagga City Council - Tidy Towns Sustainable Communities Committee from the Tidy Towns Chairperson, Mr John Rumens

·        Presentation from Mr Brad Bohun, Crowe Horwath, regarding RP-1 – 2015/16 AUDITED FINANCIAL STATEMENTS

CONFIRMATION OF MINUTES

CM-1         ORDINARY COUNCIL MEETING - 31 OCTOBER 2016

Councillor K Pascoe declared an interest and vacated the Chamber, the time being 6:16pm.

16/299       RESOLVED:

On the Motion of Councillors V Keenan and R Kendall

That the Minutes of the proceedings of the Ordinary Council Meeting held on 31 October 2016 be confirmed as a true and accurate record.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
P Funnell
D Hayes
V Keenan
R Kendall
T Koschel
D Tout

Councillor K Pascoe re-entered the meeting, the time being 6:17pm.

DECLARATIONS OF INTEREST

Councillor P Funnell declared a Non Significant Non-Pecuniary Interest in PSRP-11 WAGGA FUTSAL - SECTION 356 DONATION REQUEST the reason being that his son plays futsal and remained in the chamber during its consideration.

Councillor D Hayes declared a Non Significant Non-Pecuniary Interest in PSRP-8 PETITION - MORGAN STREET TIMED PARKING ZONES AND LINEMARKING OF PARKING SPACES the reason being that he works in a building on that site and remained in the chamber during its consideration.

Community Sector Manager, Ms J Summerhayes, declared a Non-Pecuniary Interest in PSRP-11 WAGGA FUTSAL - SECTION 356 DONATION REQUEST the reason being that her husband is a volunteer coach as part of the Wagga Futsal junior cup competition and remained in the chamber during its consideration.

Councillor K Pascoe declared a Pecuniary Interest in PSRP-5 AMENDMENT NUMBER 11 TO THE WAGGA WAGGA DEVELOPMENT CONTROL PLAN the reason being that the proposed amendments may have an impact on his future Development Applications that will be considered by Council and vacated the chamber during its consideration.

Councillor R Kendall declared a Pecuniary Interest in CONF-2 RFT2017/03 DESIGN AND CONSTRUCT REPLACEMENT OF THREE TIMBER BRIDGES the reason being that a director of one of the tenderers is a business associate and vacated the chamber during its consideration.

Councillor R Kendall declared a Pecuniary Interest in CONF-4 RFT2017/09 ROAD PAVEMENT MATERIAL SUPPLY the reason being that a director of one of the tenderers is a business associate and vacated the chamber during its consideration.

Councillor R Kendall declared a Pecuniary Interest in CONF-5 RFT2017/013 LAKEHAVEN REAR OF BLOCK DRAINAGE INSTALLATION the reason being that the drainage will directly service his home, be built on the land containing his home and is likely to impact the value of his property and vacated in the chamber during its consideration.

Councillor Y Braid declared a Non-Significant Non-Pecuniary Interest in CONF-7 PROPOSED ACQUISITION OF LAND AT MOUNT AUSTIN FOR ROAD WIDENING the reason being that she is a Life Member of the Haven and vacated the chamber during its consideration.

Councillor K Pascoe declared a Significant Non-Pecuniary Interest in CONF-1 RFT2017/02 CIVIC CENTRE AIRCONDITIONING GROUND SOURCED HEAT PUMP REPLACEMENT the reason being that one of the tenderers does contract work for his company and vacated the chamber during its consideration.

Councillor K Pascoe declared a Non-Significant Non-Pecuniary Interest in CONF-8 AIRPORT SUB-LEASE TO BROMLEY & RWEK PTY LTD the reason being that the applicant is a member of the same Rotary Club and vacated the chamber during its consideration.

The Mayor, Councillor G Conkey OAM declared a Non-Significant Non-Pecuniary Interest in  CONF-8 AIRPORT SUB-LEASE TO BROMLEY & RWEK PTY LTD the reason being that the applicant is a member of the same Rotary Club and remained in the chamber during its consideration.

Councillor V Keenan declared a Non-Significant Non-Pecuniary Interest in RP-6 CONSIDERATION FOR CREATION OF A “COMMUNITY WORKS RESERVE” as she works in the industry and remained in the chamber during its consideration.

General Manager, Mr A Eldridge, declared a Pecuniary Interest in CONF-5 RFT2017/013 LAKEHAVEN REAR OF BLOCK DRAINAGE INSTALLATION the reason being that he lives in Lake Haven and the work will occur behind his residence and vacated the chamber during its consideration.

General Manager, Mr A Eldridge declared a Pecuniary Interest in CONF-8 AIRPORT SUB-LEASE TO BROMLEY & RWEK PTY LTD the reason being that he is the trustee of the company that owns the lease and vacated the chamber during its consideration.

Councillor K Pascoe vacated the Chamber, the time being 6:23pm.

REPORTS FROM POLICY AND STRATEGY COMMITTEE

PS-1          POLICY AND STRATEGY COMMITTEE MEETING - 7 NOVEMBER 2016

The Mayor, Councillor G Conkey OAM requested Councillors to nominate any recommendations from the minutes they wished to discuss.

16/300       RESOLVED:

On the Motion of Councillors P Funnell and D Hayes

That the Minutes of the Policy and Strategy Committee Meeting held on 7 November 2016 be confirmed and recommendations numbered PSCM-1, PSRP-1, PSRP-6 to PSRP-11 contained therein be adopted.

CARRIED

REPORTS FROM STAFF

PSRP-2    DA16/0517 - USE OF EXISTING EXTENSION, SHED, ATTACHED COVERED AREA & CARPORT - LOT 192 DP 842236 - 80 VEALE ST ASHMONT  NSW  2650

16/301       RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

That Council approve DA16/0517 for the use of an existing extension, shed, attached covered area & carport at 80 Veale Street Ashmont NSW 2650, subject to the conditions outlined in the Section 79C Assessment Report for DA16/0517.

CARRIED

Click here for DA16/0517 Adopted Conditions.

RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS – SECTION 375A(3) LOCAL GOVERNMENT ACT 1993

For the Motion	Against the Motion
Y Braid
G Conkey OAM
P Funnell
D Hayes
V Keenan
R Kendall
T Koschel
D Tout

PSRP-3    DA16/0533 - ATTACHED CARPORT - LOT  40 DP 261008, 57 PUGSLEY AVENUE, ESTELLA

16/302       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council approve DA16/0533 for an Attached Carport at 57 Pugsley Avenue, Estella subject to the conditions outlined in the Section 79C Assessment Report for DA16/0533.

CARRIED

Click here for DA16/0533 Adopted Conditions.

RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS – SECTION 375A(3) LOCAL GOVERNMENT ACT 1993

For the Motion	Against the Motion
Y Braid
G Conkey OAM
P Funnell
D Hayes
V Keenan
R Kendall
T Koschel
D Tout

PSRP-4    DA16/0554 - ADDITIONS & ALTERATIONS. STRATA PLAN 17008 UNIT A, 112-116 TOMPSON STREET, WAGGA WAGGA

16/303       RESOLVED:

On the Motion of Councillors R Kendall and P Funnell

That Council approve DA16/0554 for Alterations and Additions at 112-116 Tompson Street, Wagga Wagga subject to the conditions outlined in the Section 79C Assessment Report for DA16/0554.

CARRIED

Click here for DA16/0554 Adopted Conditions.

RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS – SECTION 375A(3) LOCAL GOVERNMENT ACT 1993

For the Motion	Against the Motion
Y Braid
G Conkey OAM
P Funnell
D Hayes
V Keenan
R Kendall
T Koschel
D Tout

PSRP-5    AMENDMENT NUMBER 11 TO THE WAGGA WAGGA DEVELOPMENT CONTROL PLAN 2010

Councillor K Pascoe declared a Pecuniary Interest and remained absent from the Chamber.

16/304       RESOLVED:

On the Motion of Councillors D Tout and R Kendall

That Council endorse the exhibition of the proposed amendment number 11 to the Wagga Wagga Development Control Plan 2010 in accordance with the Environmental Planning and Assessment Act 1979 public consultation provisions.

CARRIED

RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS – SECTION 375A(3) LOCAL GOVERNMENT ACT 1993

For the Motion	Against the Motion
Y Braid
G Conkey OAM
P Funnell
D Hayes
V Keenan
R Kendall
T Koschel
D Tout

Councillor K Pascoe re-entered the Chamber, the time being 6:26pm.

MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

NOM-1      NOTICE OF MOTION TO ALTER RESOLUTION 16/276 - COUNCIL MEETING AND COMMITTEE STRUCTURE

16/305       RESOLVED:

On the Motion of Councillors P Funnell and T Koschel

That Council alter part (a) of resolution 16/276 - COUNCIL MEETING AND COMMITTEE STRUCTURE from 31 October 2016 to read as follows:

a       endorse a schedule of a monthly Council Meeting and the establishment of a monthly Planning Standing Committee for this term of Council

i         amend the Code of Meeting Practice to allow Public Addresses at both Council and Standing Committee Meetings

ii        receive a further report outlining the Terms of Reference of the Planning Standing Committee

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid	D Hayes
G Conkey OAM	V Keenan
P Funnell	R Kendall
T Koschel
K Pascoe
D Tout

REPORTS FROM STAFF

RP-1          2015/16 AUDITED FINANCIAL STATEMENTS

16/306       RESOLVED:

On the Motion of Councillors V Keenan and T Koschel

That Council:

a       receive the Auditor’s Report on the Financial Statements for the year ended 30 June 2016

b       invite any public submissions in respect of the audited financial reports in accordance with Section 420 of the Local Government Act 1993

c       receive a presentation from Mr Brad Bohun, Crowe Horwath

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
P Funnell
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

16/307       RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

That Council bring forward for consideration item RP-6 CONSIDERATION FOR CREATION OF A "COMMUNITY WORKS RESERVE" to follow RP-1 2015/16 AUDITED FINANCIAL STATEMENTS

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
P Funnell
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

RP-6          CONSIDERATION FOR CREATION OF A "COMMUNITY WORKS RESERVE"

16/308       RESOLVED:

On the Motion of Councillors P Funnell and D Tout

That Council:

a)    refer public art funding to the next budget review process and be considered in workshop discussions

b)   consider the fixing of a dollar value for public art expenditure as part of the process referred to in (a)

c)    outcomes from budget review workshops to be used in review of POL 109 Public Art Policy at the relevant time in 2017

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid	D Hayes
G Conkey OAM	V Keenan
P Funnell	R Kendall
T Koschel
K Pascoe
D Tout

Councillor P Funnell vacated the Chamber, the time being 7:18pm.

RP-2          COMMUNITY ENGAGEMENT PROGRAM

16/309       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a       adopt the expanded approach to community engagement through the use of Council’s education and engagement vehicle ‘Charlie’ as outlined in the report

b       endorse the updated Community Engagement Strategy to reflect the new engagement methods introduced by Council

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

RP-3          COMMUNITY STRATEGIC PLAN REVIEW

16/310       RESOLVED:

On the Motion of Councillors R Kendall and D Hayes

That Council:

a       place the draft Community Strategic Plan (CSP) on public exhibition for 28 days commencing 22 November 2016 and concluding on 20 December 2016

b       receive submissions from the community in relation to this document throughout the exhibition period

c       consider a further report addressing submissions received at the February 2017 Council meeting

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

RP-4          CODE OF CONDUCT ANNUAL REPORT

16/311       RESOLVED:

On the Motion of Councillors D Hayes and K Pascoe

That Council note the contents of this report.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

RP-5          FINANCIAL PERFORMANCE REPORT OCTOBER 2016

16/312       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council:

a       approve the variations to the 2016/17 original budget for the month ended 31 October 2016 and note the deficit budget of ($62K) as presented in this report

b       note the Responsible Accounting Officer’s reports, in accordance with the Local Government (General) Regulation 2005 (Part 9 Division 3: Clause 203) that the financial position of Council is satisfactory having regard to the original estimates of income and expenditure and the recommendations made above

c       note details of the external investments as at 31 October 2016 in accordance with Section 625 of the Local Government Act.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

RP-6 CONSIDERATION FOR CREATION OF A "COMMUNITY WORKS RESERVE" was brought forward for consideration following RP-1 2015/16 AUDITED FINANCIAL STATEMENTS.

RP-7          MAJOR EVENTS FUNDING REQUESTS

16/313       RESOLVED:

On the Motion of Councillors D Hayes and K Pascoe

That Council:

a       note that two applications for Major Events Sponsorship have been received for Major Event Sponsorship funding from; Borambola Wines for the inaugural Vivid Wagga Wagga and from Jason Steven Productions for a feature film Chasing Comets to be filmed in Wagga Wagga

b       authorise the General Manager or his delegate to enter into an agreement with Borambola Wines Festival to the amount of $20,000 ex GST

c       authorise the General Manager or his delegate to enter into an agreement with Jason Stevens Film Productions to the amount of $20,000 ex GST

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

QUESTIONS/BUSINESS WITH NOTICE

The following Questions/Business with Notice were raised for noting with no response required:

1.   Councillor D Tout noted upcoming stories on Wagga Wagga on SBS World News this Tuesday, Wednesday and Thursday.

2.   The Mayor, Councillor G Conkey OAM raised the OneVoice event and the 160 years stage lights launched recently at the Museum and Civic Theatre and praised those involved in both events.

closed COUNCIL

16/314       RESOLVED:

On the Motion of Councillors K Pascoe and D Tout

That the Council now resolve itself into a Closed Council, the time being 7:42pm.

CARRIED

AT THIS STAGE OF THE MEETING THE PRESS AND PUBLIC GALLERY RETIRED FROM THE COUNCIL MEETING.

At this stage of the meeting, the Chairperson called a short recess, the time being 7:42pm.

The Chairperson reconvened the meeting, the time being 7:52pm.

ENGLOBO

16/315       RESOLVED:

On the Motion of Councillors D Tout and V Keenan

That CONF-3 be adopted as recommended in the business papers

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

CONFIDENTIAL REPORTS

CONF-1    RFT2017/02 CIVIC CENTRE AIRCONDITIONING GROUND SOURCED HEAT PUMP REPLACMENT

Councillor K Pascoe declared a Significant Non-Pecuniary Interest and vacated the Chamber, the time being 7:53pm.

16/316       RESOLVED:

On the Motion of Councillors D Hayes and T Koschel

That Council:

a       accept the offer of Care Mechanical Services Pty Ltd for the ground sourced heat pump replacement in the lump sum amount of $462,780 excluding GST and authorise the General Manager to enter into a contract with Care Mechanical Services Pty Ltd for the fresh air energy recovery ventilation upgrade

b       authorise the affixing of Council’s Common Seal to all relevant documents as required

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
D Tout

Councillor K Pascoe re-entered the Chamber, the time being 7:54pm.

CONF-2    RFT2017/03 DESIGN AND CONSTRUCT REPLACEMENT OF THREE TIMBER BRIDGES

Councillor R Kendall declared a Pecuniary Interest and vacated the Chamber, the time being 7:54pm.

16/317       RESOLVED:

On the Motion of Councillors D Hayes and T Koschel

That Council:

a       accept the offer of Ladex Construction Group Pty Ltd for the design and construct replacement of three timber bridges in the lump sum amount of $582,479.00 excluding GST

b       authorise the General Manager to enter into a Contract with Ladex Construction Group Pty Ltd for the design and construct replacement of three timber bridges

c       authorise the affixing of Council’s Common Seal to all revelant documents as required

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
T Koschel
K Pascoe
D Tout

CONF-3    RFT2017/04 SPRAYED BITUMINOUS SURFACING

16/318       RESOLVED:

On the Motion of Councillors D Tout and V Keenan

That Council:

a       accept the offer of Bitupave Limited t/a Boral Asphalt for provision of sprayed bituminous surfacing in the schedule of rates submitted with the tender and authorise the General Manager to enter into a contract with Bitupave Limited t/a Boral Asphalt for provision of sprayed bituminous surfacing

b       authorise the affixing of Council’s Common Seal to all relevant documents as required

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

CONF-4    RFT2017/09 ROAD PAVEMENT MATERIAL SUPPLY

Councillor R Kendall declared a Pecuniary Interest and remained absent from the Chamber during this item.

16/319       RESOLVED:

On the Motion of Councillors D Hayes and T Koschel

That Council:

a       in accordance with clause 178(1)(b) of the Local Government (General) Regulation 2005 (LG Regulation), decline to accept any of the tenders submitted in response to the RFT

b       in accordance with 178(3)(e) of the LG Regulation, authorise the General Manager to enter into direct negotiations with any person with a view to entering into a contract in relation to the subject matter of the RFT

c       note that the reason for declining to invite fresh tenders or applications is that it is not expected that further market testing will provide a more satisfactory result

d       note that the reason for entering into negotiations is that the evaluation identified inconsistencies between the tender specifications and operational requirements

e       authorise the General Manager subject to successful negotiations to enter into contracts in relation to the subject matter of the RFT

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
T Koschel
K Pascoe
D Tout

The General Manager, Mr A Eldridge, declared a Pecuniary and vacated the Chamber, the time being 8:07pm.

CONF-5    RFT2017/013 LAKEHAVEN REAR OF BLOCK DRAINAGE INSTALLATION

Councillor R Kendall declared a Pecuniary Interest and remained absent from the Chamber during this item.

16/320       RESOLVED:

On the Motion of Councillors K Pascoe and V Keenan

That Council:

a       in accordance with clause 178(1)(b) of the Local Government (General) Regulation 2005 (LG Regulation), decline to accept any of the tenders submitted in response to the RFT

b       in accordance with 178(3)(e) of the LG Regulation, authorise the General Manager to enter into direct negotiations with any person whether they were a tenderer or not with a view to entering into a contract in relation to the subject matter of the RFT

c       note that the reason for declining to invite fresh tenders or applications is that it is not expected that further market testing will provide a more satisfactory result

d       note that the reason for determining to enter into negotiations is the terms and conditions are at variance with those of the tender documentation and will be negotiated to settle the final terms of the contract

e       subject to successful negotiations authorise the General Manager to enter into a contracts for the subject matter of this tender

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
T Koschel
K Pascoe
D Tout

Councillor R Kendall and the General Manager, Mr A Eldridge, re-entered the Chamber, the time being 8:10pm.

CONF-6    RFT2016/017 CIVIC THEATRE AUDITORIUM SEATING

16/321       RESOLVED:

On the Motion of Councillors T Koschel and D Hayes

That Council:

a       in accordance with clause 178(1)(b) of the Local Government (General) Regulation 2005 (LG Regulation), decline to accept any of the tenders submitted in response to the RFT

b       in accordance with 178(3)(e) of the LG Regulation, authorise the General Manager to enter into direct negotiations with any person whether they were a tenderer or not with a view to entering into a contract in relation to the subject matter of the RFT

c       note that the reason for declining to invite fresh tenders or applications is that it is not expected that further market testing will provide a more satisfactory result

d       note that the reason for determining to enter into negotiations is the terms and conditions are at variance with those of the tender documentation and will be negotiated to settle the final terms of the contract.; and

e       subject to successful negotiations authorise the General Manager to enter into a contracts for the subject matter of this tender

f        note and approve the budget variation/s as detailed in the budget section of the report

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

CONF-7    PROPOSED ACQUISITION OF LAND AT MOUNT AUSTIN FOR ROAD WIDENING

Councillor Y Braid declared a Non-Significant Non-Pecuniary Interest and vacated the Chamber, the time being 8:23pm.

16/322       RESOLVED:

On the Motion of Councillors K Pascoe and T Koschel

That Council:

a       agree to acquire part 156 Bourke Street, Mount Austin for road widening upon the terms outlined in the body of this report

b       upon acquisition agree to dedicate the land as public road

c       delegate authority to the General Manager to execute all necessary documents on behalf of Council

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

Councillor Y Braid re-entered the Chamber, the time being 8:28pm.

The General Manager, Mr A Eldridge, declared a Pecuniary interest and vacated the Chamber, the time being 8:28pm.

CONF-8    AIRPORT SUB-LEASE TO BROMLEY & RWEK PTY LTD

Councillor K Pascoe declared a Non-Significant, Non-Pecuniary Interest and vacated the Chamber, the time being 8:28pm.

16/323       RESOLVED:

On the Motion of Councillors D Hayes and V Keenan

That Council:

a       agree to enter into a sub-lease agreement with RWEK Pty Ltd (ACN 131 060 163) and Bromley, Craig upon the terms outlined in the body of this report

b       delegate authority to the Mayor and Chief Financial Officer to execute any necessary documents on behalf of Council

c       note and approve the budget variation/s as detailed in the budget section of the report

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
D Tout

Councillor K Pascoe and the General Manager, Mr A Eldridge, re-entered the Chamber, the time being 8:32pm.

CONF-9    DEDICATION OF LOT Y DP36287 AT BOLGER AVENUE, MOUNT AUSTIN AS PUBLIC ROAD

16/324       RESOLVED:

On the Motion of Councillors D Hayes and V Keenan

That Council:

a       agree to accept dedication of Lot Y DP 36287 at Bolger Avenue, Mount Austin as public road

b       delegate authority to the General Manager to execute all necessary documents on behalf of Council

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

CONF-10  NIGHTLIGHTS 2017 COMMISSION

16/325       RESOLVED:

On the Motion of Councillors D Hayes and T Koschel

That Council:

a       appoint the person recommended in the report for the NightLights 2017 Projection Masterclass and Commission

b       authorise the affixing of Council’s Common Seal to all relevant documents as required

c       advise the unsuccessful expression of interest applicants in writing

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

PROCEDURAL MOTION - SUSPENSION OF STANDING ORDERS

16/326       RESOLVED:

On the Motion of Councillors V Keenan and T Koschel

That Council suspend standing orders, the time being 8:41pm.

CARRIED

PROCEDURAL MOTION - RE-INSTATE STANDING ORDERS

16/327       RESOLVED:

On the Motion of Councillors D Tout and K Pascoe

That Council re-instate standing orders, the time being 8:54pm.

CARRIED

REVERSION TO OPEN COUNCIL

16/328       RESOLVED:

On the Motion of Councillors K Pascoe and D Tout

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 8:55pm.

CARRIED

report of proceedings of closed COUNCIL

16/329       RESOLVED:

On the Motion of Councillors K Pascoe and T Koschel

That the recommendations contained in the report of the proceedings of the Closed Council be adopted.

CARRIED

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 8:55pm.

…………………………………………………..

                                                                                                      MAYOR

Report submitted to the Confidential Meeting of Council on Monday 12 December 2016.

Minutes of the Supplementary Meeting of Council held on Monday 5 December 2016.

Present

The Mayor, Councillor Greg Conkey OAM

Councillor Yvonne Braid

Councillor Dan Hayes

Councillor Vanessa Keenan

Councillor Rod Kendall

Councillor Tim Koschel

In Attendance

Community Sector Manager                                                 (Mrs J Summerhayes)

Commercial Operations Sector Manager                           (Mrs C Angel)

Commercial Development Sector Manager                       (Mr P Somerville)

Chief Financial Officer                                                           (Mrs N Te Pohe)

Acting Chief Financial Officer                                               (Mr C Richardson)

Manager Special Projects                                                      (Mr J Bolton)

Manager Project Operations                                                 (Mr S Postma)

Manager Executive Support                                                  (Mr S Gray)

Strategic Partner – Corporate Governance & Risk           (Mrs N Johnson)

Marketing & Communications Coordinator                        (Mr B Koschel)

Governance Officer                                                                (Miss B King)

The Supplementary Council meeting commenced at 6.45pm.

Prayer

Almighty God,

Help protect our Mayor, elected Councillors and staff.

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

Amen. 

Acknowledgement Of Country

I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of this Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Community members present.

APOLOGIES

An apology for non-attendance was received and accepted for Councillor K Pascoe and General Manager, Mr Alan Eldridge on the Motion of Councillors R Kendall and D Hayes.

CARRIED

LEAVES OF ABSENCE

16/330       RESOLVED:

On the Motion of Councillors T Koschel and R Kendall

That a leave of absence be granted to Councillor D Tout for 5 December 2016 and Councillor P Funnell for 5 December to 12 December 2016 inclusive.

CARRIED

Declarations Of Interest

Councillor V Keenan declared a Non-Pecuniary, Non-Significant Interest in CONF-1 SOLID WASTE - KERBSIDE WASTE CONTRACT the reason being that a client of hers will potentially Tender for the contract and vacated the chamber during its consideration.

QUESTIONS/BUSINESS WITH NOTICE

No Questions/Business with Notice received.

closed COUNCIL

16/331       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That the Council now resolve itself into a Closed Council, the time being 6.47pm.

CARRIED

AT THIS STAGE OF THE MEETING THE PRESS AND PUBLIC GALLERY RETIRED FROM THE COUNCIL MEETING.

CONFIDENTIAL MAYORAL MINUTE

MM-1         MAYORAL MINUTE – AIRPORT FEES AND CHARGES, PAINT SHOP HANGAR AND AIRPORT ADVISORY COMMITTEE

16/332       RESOLVED:

On the Motion of The Mayor, Councillor G Conkey OAM

That Council:

a       adopt the Airport passenger head charges/fees as per the table below:

Particulars	Basis	2015/16 Existing Fee (exclusive of  GST)	2016/17 Fee (exclusive of GST)	GST	2016/17 total fee (inclusive of GST)
Passenger Head Tax commencing 1 March 2017 Note: 2015/16 fee Passenger Head Tax applies between 1/7/2016 – 28/2/2017	Per Passenger	$11.04	$12.14	$1.21	$13.35
Passenger Head Tax Wagga / Sydney greater than base threshold passengers combined (180,000 passengers)	Per Passenger	$5.52	$6.07	$0.61	$6.68
Passenger Head Tax Wagga / Melbourne greater than base threshold passengers combined (6,000 passengers) Note: 2015/16 fee Passenger Head Tax Wagga / Melbourne applies between 1/7/2016 – 28/2/2017	Per Passenger	$5.52	$6.07	$0.61	$6.68

b       note that all other fees and charges (item numbers 14-31) for the Airport will remain as resolved at Council’s 31 October 2016 Meeting

c       authorise the General Manager to co-finance a fixed amount of $90,000 (with REX contributing an equal or greater amount) for the rectification of the ventilation and lighting works in the Paintshop Hangar which will enable the Hangar to be fit for purpose and the settlement to take place in a timely manner

d       establish an Airport Advisory Committee and receive a further report on the Committee’s Terms of Reference and membership

e       note the variations to the Wagga Wagga Airport budget as detailed in the budget section of the report

f        authorise the Mayor and the General Manager to execute all documents and do all things required to give effect to the transactions negotiated and agreed between Rex and Council as required for the purposes of settlement of the sale of the Hangar by Council to Rex

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
V Keenan
The Mayor, Councillor R Kendall
T Koschel

CONFIDENTIAL REPORT

CONF-1    SOLID WASTE - KERBSIDE WASTE CONTRACT

Councillor V Keenan declared a Non Pecuniary, Non-Significant Interest and vacated the chamber, the time being 6:52pm.

16/333       RESOLVED:

On the Motion of Councillors T Koschel and D Hayes

That Council:

a          note and approve the General Manager’s endorsement of delivery steps and timeframes in the Kerbside Waste Collection Contract

b       endorse the proposed Kerbside Waste Service as outlined in the report

c          endorse the options for Kerbside Waste Collection and Processing as outlined in the report

d         make land available at the Gregadoo Waste Management Centre for the future potential waste processors

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid
G Conkey OAM
D Hayes
R Kendall
T Koschel

Reversion to open COUNCIL

16/334       RESOLVED:

On the Motion of Councillors T Koschel and D Hayes

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 6.55pm.

CARRIED

Councillor V Keenan re-entered the chamber, the time being 6:55pm.

report of proceedings of closed COUNCIL

16/335       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That the recommendations contained in the report of the proceedings of the Closed Council be adopted.

CARRIED

THIS COMPLETED THE BUSINESS OF THE SUPPLEMENTARY COUNCIL MEETING WHICH ROSE AT 6.56pm.

…………………………………………………..

                                                                                                      MAYOR