Minutes of the Ordinary Meeting of Council held on Monday 24 July 2017.

 

 

Present

The Mayor, Councillor Greg Conkey OAM

Councillor Yvonne Braid OAM

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 R Knight)

Director Finance                                                                     (Mrs N Te Pohe)

Director Community                                                               (Mrs J Summerhayes)

Director Commercial Operations                                          (Ms C Angel)

Acting Director Commercial Development                          (Mr J Bolton)

Manager Audit, Risk & Governance                                    (Ms I Hensley)

Manager Finance                                                                   (Mrs C Rodney)

Manager City Strategy                                                            (Mr T Kell)

Manager Executive Support                                                  (Mr S Gray)

Manager Community Services                                             (Mrs M Scully)

Manager Procurement Services                                           (Mr D Butterfield)

Manager Operations                                                               (Mr S Jewell)

Manager City Development                                                   (Mr H Singh)

Strategic Asset Planner (Parks & Recreation)                   (Mr B Creighton)

Development Assessment Coordinator                              (Mr C Collins)

Engineer – Water & Waste Assets                                       (Ms S Siregar)

Senior Financial Accountant                                                 (Mr Z Wilson)

Team Leader Visitor Economy                                             (Mrs F Hamilton)

Land and Real Property Coordinator                                   (Mrs D Wright)

Environmental Coordinator                                                   (Mrs C Hood)

Environmental Education Officer                                         (Miss A Kent)

Strategic Town Planner                                                         (Mr D McDonald)

Corporate Governance Coordinator                                    (Mrs N Johnson)

Communications & Engagement Officer                             (Mrs L Pezet)

Governance Officer                                                                (Ms B King)

 


 

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 received.

 

 

CONFIRMATION OF MINUTES

 

CM-1         ORDINARY COUNCIL MEETING - 26 JUNE 2017

 

17/234       RESOLVED:

                   On the Motion of Councillors D Hayes and T Koschel

That the Minutes of the proceedings of the Ordinary Council Meeting held on 26 June 2017 be confirmed as a true and accurate record.

CARRIED

 


Declarations Of Interest    

Councillor D Hayes declared a Non Pecuniary, Significant Interest in RP-6 PROPOSED ASSIGNMENT OF AIRPORT SUB-LEASE the reason being that it was indicated by the director of RWEK Pty Ltd that he may be a party to future legal proceedings that they have indicated on pursuing on a non-related matter and vacated the chamber during its consideration.

 

Councillor R Kendall declared a Non Pecuniary, Significant Interest in RP-1 DA17/0211 - PROPOSED TRANSITIONAL GROUP HOME AT 199 GURWOOD STREET, WAGGA WAGGA the reason being that his family has a business relationship with the applicants and vacated the chamber during its consideration.

 

The Mayor, Councillor G Conkey OAM declared a Non Pecuniary, Non-Significant Interest in RP-5 ANNUAL GRANTS PROGRAM 2017-2018 the reason being that he is a member of Rotary and Senior active member of the Wagga City Rugby Male Choir and remained in the chamber during its consideration.

 

The Mayor, Councillor G Conkey OAM declared a Non Pecuniary, Non-Significant Interest in RP-6 PROPOSED ASSIGNMENT OF AIRPORT SUB-LEASE the reason being that the former GM has named me in a document that plans to take legal action against me and vacated the chamber during its consideration.

 

Councillor G Conkey OAM declared a Non Pecuniary, Non-Significant Interest in CONF-8 RFT 2017-26 RECYCABLES WASTE ACCEPTANCE AND PROCESSING SERVICE the reason being that he has known most of the Company Directors for a number of years and remained in the chamber during its consideration.

 

Councillor K Pascoe declared a Non Pecuniary, Significant Interest in RP-1 DA17/0211 - PROPOSED TRANSITIONAL GROUP HOME AT 199 GURWOOD STREET, WAGGA WAGGA the reason being that he owns property in the full block adjacent and vacated the chamber during its consideration.

 

Councillor K Pascoe declared a Pecuniary Interest in MM-1 MAROYAL MINUTE – NEW YEARS EVE EOI RESPONSE AND RECOMMENDATION the reason being that he has financial interests with Thomas Brothers and vacated the chamber during its consideration.

 

Councillor K Pascoe declared a Non Pecuniary, Non-Significant Interest in RP-5 ANNUAL GRANTS PROGRAM 2017-2018 the reason being that he is a member of Rotary and remained in the chamber during its consideration.

 

Councillor K Pascoe declared a Non Pecuniary, Non-Significant Interest in CONF-8 RFT 2017-26 RECYCABLES WASTE ACCEPTANCE AND PROCESSING SERVICE the reason being he has worked with Kurrajong Waratah and remained in the chamber during its consideration.

 

Councillor Y Braid declared a Non Pecuniary, Non-Significant Interest in RP-5 ANNUAL GRANTS PROGRAM 2017-2018 the reason being that she is a member of Sunrise Rotary and remained in the chamber during its consideration.

 

Councillor Y Braid declared a Non Pecuniary, Non-Significant Interest in CONF-8 RFT 2017-26 RECYCABLES WASTE ACCEPTANCE AND PROCESSING SERVICE the reason being that she helps with the Christmas Spectacular that raises funds for Kurrajong and know many of Kurrajong staff and remained in the chamber during its consideration.

 

Councillor D Tout declared a Non Pecuniary, Non-Significant Interest in RP-10 LOAN WAIVER REQUEST - WAGGA RUGBY LEAGUE the reason being that a work colleague is the Treasurer of Wagga Rugby League and vacated the chamber during its consideration.

 

Councillor D Tout declared a Non Pecuniary, Non-Significant Interest in CONF-8 RFT 2017-26 RECYCABLES WASTE ACCEPTANCE AND PROCESSING SERVICE the reason being that his wife works for Therapy Plus an arm of Kurrajong. She has no involvement in Kurrajong Management or any waste business and remained in the chamber during its consideration.

 

Councillor V Keenan declared a Non Pecuniary, Non-Significant Interest in RP-6 PROPOSED ASSIGNMENT OF AIRPORT SUB-LEASE the reason being that it was indicated by the director of RWEK Pty Ltd that she may be a party to future legal proceedings that they have indicated on pursuing on a non-related matter and vacated the chamber during its consideration.

 

Councillor V Keenan declared a Pecuniary Interest in CONF-7 RFT 2017-24 WASTE, RECYCABLES AND ORGANICS COLLECTION SERVICE the reason being that a client of hers is a Tenderer to related services and vacated the chamber during its consideration.

 

Councillor V Keenan declared a Pecuniary Interest in CONF-8 RFT 2017-26 RECYCABLES WASTE ACCEPTANCE AND PROCESSING SERVICE the reason being that a client of hers is a Tenderer to related services and vacated the chamber during its consideration.

 

Councillor V Keenan declared a Pecuniary Interest in CONF-9 RFT 2017-27 FOOD AND GARDEN ORGANICS ACCEPTANCE AND PROCESSING SERVICE the reason being that a client of hers is a Tenderer and vacated the chamber during its consideration.

 

Councillor T Koschel declared a Non Pecuniary, Non-Significant Interest in CONF-4 PROPOSED AIRPORT CAFE SUB-LEASE VARIATION the reason being that he supplies products through his normal business to his customers and remained in the chamber during its consideration.

 


Councillor T Koschel declared a Non Pecuniary, Non-Significant Interest in CONF-5 LICENCE AGREEMENT FOR LAND KNOWN AS THE WIRADJURI GOLF CENTRE the reason being that he supplies products through his normal business to his customers and remained in the chamber during its consideration.

 

General Manager, Mr Robert Knight declared a Pecuniary Interest in MM-2 MAYORAL MINUTE – GENERAL MANAGER RECRUITMENT PANEL the reason being that he is the current incumbent of the General Manager role and vacated the chamber during its consideration.

 

Director Operations, Ms Caroline Angel declared a Non Pecuniary, Significant Interest in MM-2 MAYORAL MINUTE – GENERAL MANAGER RECRUITMENT PANEL the reason being that she is a Director reporting to the General Manager position and vacated the chamber during its consideration.

 

Director Finance, Mrs Natalie Te Pohe declared a Pecuniary Interest in MM-2 MAYORAL MINUTE – GENERAL MANAGER RECRUITMENT PANEL the reason being is that the General Manager is responsible for the appointment of performance management of and any future contract negotiations for her employment at Wagga Wagga City Council and vacated the chamber during its consideration.

 

Director Community, Mrs Janice Summerhayes declared a Non Pecuniary, Significant Interest in MM-2 MAYORAL MINUTE – GENERAL MANAGER RECRUITMENT PANEL the reason being that she is in an Executive role to the General Manager position and vacated the chamber during its consideration.

 

Acting Director Commercial Development, Mr James Bolton declared a Non Pecuniary, Significant Interest in MM-2 MAYORAL MINUTE – GENERAL MANAGER RECRUITMENT PANEL the reason being that he is in an executive role working closely with the General Manager and vacated the chamber during its consideration.

 

Acting Director Commercial Development, Mr James Bolton declared a Non Pecuniary, Non-Significant Interest in RP-11 ABBEYFIELD AUSTRALIA - S356  DONATION OF DEVELOPER CONTRIBUTION CHARGES the reason being that he has relatives and good friends leading/managing the project and vacated the chamber during its consideration.

 

Councillor R Kendall vacated the chamber, the time being 6:08pm.

Councillor K Pascoe vacated the chamber, the time being 6:08pm.

 

PUBLIC DISCUSSION FORUM

 

RP-1   DA17/0211 - PROPOSED TRANSITIONAL GROUP HOME AT 199 GURWOOD STREET, WAGGA WAGGA

 

 

PROCEDURAL MOTION – CHANGE OF STANDING ORDERS

 

17/235       RESOLVED:

                   On the Motion of Councillors P Funnell and D Hayes

That Council bring forward consideration of RP-1 DA17/0211 - PROPOSED TRANSITIONAL GROUP HOME AT 199 GURWOOD STREET, WAGGA WAGGA to follow the public discussion forum.

CARRIED

 

 

RP-1          DA17/0211 - PROPOSED TRANSITIONAL GROUP HOME AT 199 GURWOOD STREET, WAGGA WAGGA

A MOTION was moved by Councillors D Hayes and V Keenan

 

It is recommended that Council approve Development Application DA17/0211 for a Transitional Group Home, 199 Gurwood Street WAGGA WAGGA NSW 2650, Lot 23 Sec 2 DP 12856, Lot 24 Sec 2 DP 12856, subject to the conditions outlined in the Section 79C Assessment Report for DA17/0211.

 

An AMENDMENT was moved by Councillor D Tout and seconded by Councillor P Funnell:

 

That Council refuse DA17/0211 PROPOSED TRANSITIONAL GROUP HOME AT 199 GURWOOD STREET, WAGGA WAGGA for change of use, the reason being that it is not in keeping with the amenity of the locality.

 

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

 

For the AMENDMENT

Against the AMENDMENT

Y Braid OAM

G Conkey OAM

P Funnell

D Hayes

T Koschel

V Keenan

D Tout

 

 

The AMENDMENT on being put to the meeting was CARRIED.

 

17/236       RESOLVED:

                   On the Motion of Councillors D Tout and P Funnell

That Council refuse DA17/0211 PROPOSED TRANSITIONAL GROUP HOME AT 199 GURWOOD STREET, WAGGA WAGGA for change of use, the reason being that it is not in keeping with the amenity of the locality.

CARRIED

 

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

For the Motion

Against the Motion

Y Braid OAM

G Conkey OAM

P Funnell

D Hayes

T Koschel

V Keenan

D Tout

 

 

 

Councillor R Kendall re-entered the chamber at 7:12pm.

 

MAYORAL MINUTE

 

MM-1         MAROYAL MINUTE – NEW YEARS EVE EOI RESPONSE AND RECOMMENDATION

Councillor Kerry Pascoe declared a Pecuniary Interest and remained vacated the chamber.

17/237       RESOLVED:

                   On the Motion of The Mayor, Councillor G Conkey OAM

That Council:

a          authorise the General Manager or their delegate to enter into an agreement up to an amount of $45,000 with Thomas Bros Group to provide financial support for the delivery of the proposed Wagga Skyworks event in accordance with the negotiated terms and conditions of the agreement

b          further support the event by way of venue hire fee waiver under Section 356 to the amount of $382 and $222 in gateway signage booking fees through the Event Management budget

c          approve the $45,604 financial contribution as detailed in the budget section of this report

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

D Tout

 


 

MM-2         MAYORAL MINUTE – GENERAL MANAGER RECRUITMENT PANEL

Councils Executive Team Mr Robert Knight, Mrs Natalie Te Pohe, Mrs Janice Summerhayes, Ms Caroline Angel and Mr James Bolton declared an Interest and vacated the chamber, the time being 7.14pm.

17/238       RESOLVED:

                   On the Motion of The Mayor, Councillor G Conkey OAM

That Council:

a          appoint the Mayor, Deputy Mayor, a female Councillor and one other Councillor, to ensure a gender balance representation and to form an interview panel to shortlist and interview applicants for the position of General Manager

b          delegate authority to the Mayor and Deputy Mayor to appoint a qualified independent person, being an Evocities General Manager, to be a member of the interview panel after the shortlisting and for the first round of interviews

CARRIED

 

Councillor Y Braid and V Keenan self-nominated.

 

Councillor V Keenan was duly elected by a show of hands as the female representative on the General Manager Recruitment Panel.

 

Councillor Hayes self-nominated.

 

Councillor P Funnel nominated Councillor K Pascoe.

Councillor K Pascoe accepted the nomination.

 

Councillor Braid self-nominated.

 

Councillor K Pascoe was duly elected by show of hands as the other representative on the General Manager Recruitment Panel.

 

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

K Pascoe

 

T Koschel

 

D Tout

 

Councils Executive Team Mr Robert Knight, Mrs Natalie Te Pohe, Mrs Janice Summerhayes, Ms Caroline Angel and Mr James Bolton re-entered the chamber, the time being 7.20pm.

 

MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

 

NOM-1      NOTICE OF MOTION - LIVESTOCK MARKETING CENTRE AND HEAVY VEHICLE ACCESS

 

17/239       RESOLVED:

                   On the Motion of Councillors P Funnell and D Tout

That Council receive a report on the ability of the Livestock Marketing Centre (LMC) in handling B-triple and comparable vehicle types and what is required to enable unloading and loading of these vehicle types within the facility.

 

CARRIED

 

RECORD OF VOTING ON THE MOTION

 

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

D Tout

 

 


 

NOM-2      NOTICE OF MOTION - EN GLOBO OF CONFIDENTIAL ITEMS

 

17/240       RESOLVED:

                   On the Motion of Councillors D Hayes and V Keenan

That council receive a report to englobo confidential motions at the same time as open session motions.

CARRIED

 

RECORD OF VOTING ON THE MOTION

 

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

D Tout

 

 

PROCEDURAL MOTION - ENGLOBO

17/241       RESOLVED:

                   On the Motion of Councillors D Hayes and P Funnell

That the standing orders be varied for the meeting as set out hereunder:

  • Items where councillors wish to speak
  • Items where no councillors wish to speak
  • Confidential
  • Matter of urgency
  • Closure of Meeting

That RP-4, RP-7, RP-8, RP-13 to RP-16 and M-1 be adopted as recommended in the business papers.

CARRIED

 

REPORTS FROM STAFF

 

RP-1 DA17/0211 - PROPOSED TRANSITIONAL GROUP HOME AT 199 GURWOOD STREET, WAGGA WAGGA was moved forward following the Public discussion forum.

 

Councillor P Funnell vacated the chamber, the time being 7:37pm.

 

RP-2          30 JUNE 2017 INVESTMENT REPORT

 

17/242       RESOLVED:

                   On the Motion of Councillors K Pascoe and D Tout

That Council note details of the external investments as at 30 June 2017 in accordance with section 625 of the Local Government Act 1993.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 

Councillor P Funnell re-entered the chamber, the time being 7:39pm.

 

RP-3          2016/17 CARRYOVERS AND REVOTES

 

17/243       RESOLVED:

                   On the Motion of Councillors R Kendall and T Koschel

That Council:

a       approve the proposed 2016/17 capital and operating project budget revotes as presented in this report

b       note the 2016/17 capital and operating project carryovers (works in progress) as presented in this report

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 

 

RP-4          POL 097 - PUBLIC INTEREST DISCLOSURES POLICY

 

17/244       RESOLVED:

                   On the Motion of Councillors D Hayes and P Funnell

That Council:

a        receive the draft POL 097 – Public Interest Disclosures Policy

b       endorse the draft POL 097 – Public Interest Disclosures Policy and place on public exhibition for a period of 28 days from 25 July 2017 to 21 August 2017 and invites public submissions until 4 September 2017 on the draft Policy

c       receive a further report following the public exhibition period:

(i)      addressing any submissions made in respect of the proposed policy

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

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 

Councillor T Koschel vacated the chamber, the time being 7.48pm.

 

Councillor T Koschel re-entered the chamber, the time being 7.49pm.


 

RP-5          ANNUAL GRANTS PROGRAM 2017-2018

 

A MOTION was moved by Councillors D Hayes and V Keenan

 

That Council:

a       approve the successful applications for the 2017/18 Annual Grants Program as detailed in the report with the exception of Children’s Health and Spiritual Expo in the amount of $500, the reason being concerns of the event and the application lacking detail, bringing the total to $161,606

b       approve the budget transfers as detailed in the financial implications section of the report

 

An AMENDMENT was moved by Councillor D Tout and seconded by Councillor K Pascoe:

 

That Council:

a       approve the successful applications for the 2017/18 Annual Grants Program as detailed in the report totalling $162,106

b       approve the budget transfers as detailed in the financial implications section of the report

 

For the AMENDMENT

Against the AMENDMENT

Y Braid OAM

D Hayes

G Conkey OAM

V Keenan

P Funnell

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

17/245       RESOLVED:

                   On the Motion of Councillors D Tout and K Pascoe  

That Council:

a       approve the successful applications for the 2017/18 Annual Grants Program as detailed in the report totalling $162,106

b       approve the budget transfers as detailed in the financial implications section of the report

CARRIED

 


RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 

 

 

RP-6          PROPOSED ASSIGNMENT OF AIRPORT SUB-LEASE

The Mayor, Councillor G Conkey OAM declared a Significant, Non Pecuniary Interest and vacated the chair and the chamber, the time being 8.02pm.

Councillors D Hayes and V Keenan declared a Significant, Non Pecuniary Interest and vacated the chamber, the time being 8.02pm.

Deputy Mayor, Councillor D Tout assumed the chair, the time being 8.02pm.

17/246       RESOLVED:

                   On the Motion of Councillors P Funnell and R Kendall

That Council:

a       consent to the assignment of the sub-lease between Wagga Wagga City Council and Craig Frank Bromley and RWEK Pty Ltd to Craig Frank Bromley, Cain Jonathon Gawne and Cain Gawne Pty Ltd as trustee for the Cain Gawne Superannuation Fund

b       delegate authority to the General Manager or their delegate to execute any necessary documents on behalf of Council

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

P Funnell

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 

 

Councillor D Tout vacated the chair, the time being 8.03pm.

 

Councillors D Hayes and V Keenan re-entered the chamber, the time being 8:03pm.

 

The Mayor, Councillor G Conkey OAM re-entered the chamber and assumed the chair, the time being 8:03pm.

 

 

RP-7          PROPOSED LEASE RENEWAL TO WAGGA MINI MIX AND PRECAST CONCRETE PTY LTD

 

17/247       RESOLVED:

                   On the Motion of Councillors D Hayes and P Funnell

That Council:

a       enter into a lease agreement with Wagga Mini Mix and Precast Concrete Pty Ltd upon the following terms:

i)       Property – Lot 5 in DP 802891 measuring 1,504m2 and an adjacent disused section of the Urana Street road reserve measuring 2,870m2

ii)      Rent - $4,658.50 per annum (GST inclusive)

iii)     Term – three years commencing 1 January 2017

b       note the lease is subject to public notice requirements under sections 154 and 156 of the Roads Act 1993

c       delegate authority to the General Manager or their delegate to execute any necessary documents on behalf of Council

d       approve the budget variation as detailed in the budget section of the report

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 


 

RP-8          STRATEGIC PLANNING UPDATE

 

17/248       RESOLVED:

                   On the Motion of Councillors D Hayes and P Funnell

That Council:

a       hold additional targeted industry and community workshops prior to the release of the draft Activation Strategy and Recreation Open Space and Community Strategy for public exhibition

b       note the slightly modified delivery timeframes outlined within this report

 

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 


 

RP-9          OURA VILLAGE - OUTCOMES OF VILLAGE MEETING

 

17/249       RESOLVED:

                   On the Motion of Councillors R Kendall and T Koschel

That Council:

a       note the minutes from the Oura Community Meeting held on 7 June 2017 as attached

b       place the proposed Oura Village Septic Upgrade Financial Assistance Program on public exhibition for a period of 28 days and invite public submissions on the proposed program

c       receive a further report following the public exhibition period:

(i)      addressing any submission made in respect of the proposed Financial Assistance Program

(ii)     proposing adoption of the Financial Assistance Program unless there are any recommended amendments deemed to be substantial and requiring a further exhibition period

d       that the draft report of the Floodplain Risk Management Study and Plan flood mitigation options for Oura be presented to the Oura Community as part of the public consultation process

e       support the Oura Progress Association in seeking a commitment from the local member to fund the required works for Jarvis and Adams Streets so that the community can access the church, being the emergency evacuation centre, during a flood event

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 


 

RP-10        LOAN WAIVER REQUEST - WAGGA RUGBY LEAGUE

Councillor D Tout declared a Significant, Non Pecuniary Interest and vacated the chamber, the time being 8:05pm.

17/250       RESOLVED:

                   On the Motion of Councillors D Hayes and T Koschel

That Council:

a       decline Wagga Rugby League’s request to waive the outstanding $15,000 McDonald Park Facility Development no interest loan

b       acknowledge Wagga Rugby League for the significant in-kind works made by the organisation at McDonald Park

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

R Kendall

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

T Koschel

 

K Pascoe

 

 

 

Councillor D Tout re-entered the chamber, the time being 8:05pm.


 

 

 

RP-11        ABBEYFIELD AUSTRALIA - S356  DONATION OF DEVELOPER CONTRIBUTION CHARGES

Mr J Bolton, Acting Director Commercial Development, declared a Non-Significant, Non Pecuniary Interest and vacated the Chamber the time being 8:06pm.

 

17/251       RESOLVED:

                   On the Motion of Councillors D Hayes and K Pascoe

That Council:

a       waive the Section 94 and S64 Developer Contributions totalling $53,544.98 for DA17/0131 on the basis that the property is used for affordable housing for adults with mild intellectual/physical disabilities

b       register a charge over the land title of 14-18 Paull Street Kooringal for the Developer Contributions of $53,544.98 which would become payable should the property be sold, or not used for affordable housing for people with disabilities, within 15 years from the Development Approval date

c       request the applicant to pay all Council’s legal fees that are associated with registering the $53,544.98 charge over the property, as noted in item b above

d       request the applicant to provide an annual statement to confirm the ongoing use of the affordable housing for people with disabilities

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 

 

Mr J Bolton re-entered the Chamber the time being 8:12pm.

 


 

RP-12        VETERANS HEALTH WEEK - S356 DONATION REQUEST

 

17/252       RESOLVED:

                   On the Motion of Councillors P Funnell and K Pascoe

That Council donate $85 to the Veteran’s Health Week in accordance with Section 356 of the Local Government Act 1993.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 

 

RP-13        COUNTRY WOMEN'S ASSOCIATION OF NSW - CARTWRIGHT 'S HILL BRANCH - S356 DONATION REQUEST ONSITE SEWERAGE MANAGEMENT FEE

 

17/253       RESOLVED:

                   On the Motion of Councillors D Hayes and P Funnell

That Council donate $207.75 to the Cartwright’s Hill Branch of the Country Women’s Association of NSW (CWA) in accordance with Section 356 of the Local Government Act 1993.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 

 

RP-14        WAGGA WAGGA WOMEN'S SHED GROUP - S356 DONATION

 

17/254       RESOLVED:

                   On the Motion of Councillors D Hayes and P Funnell

That Council donate $112.30 to Wagga Wagga Women’s Shed group in accordance with Section 356 of the Local Government Act 1993.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 

 

RP-15        ABORIGINAL EDUCTION CONSULTATIVE GROUP (AECG) - S356 DONATION REQUEST PROUD AND DEADLY AWARDS

 

17/255       RESOLVED:

                   On the Motion of Councillors D Hayes and P Funnell

That Council donate a once off $850.00 to the Wagga local Aboriginal Education Consultative Group in accordance with Section 356 of the Local Government Act 1993.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 


 

RP-16        RELATED PARTY DISCLOSURE POLICY - NEW DRAFT POLICY

 

17/256       RESOLVED:

                   On the Motion of Councillors D Hayes and P Funnell

That Council:

a       endorse the Draft Related Party Disclosure Policy and place on public exhibition for a period of 28 days from 25 July 2017 and invite public submissions until 22 August 2017 on the Draft Policy

b       note that the Audit, Risk and Improvement Committee have reviewed the draft policy and internal procedure documents and have recommended for Council to formally adopt the documents

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

(i)      addressing any submission made in respect of the proposed Draft Policy

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

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 


 

RP-17        RESPONSE TO QUESTIONS WITH NOTICE

 

17/257       RESOLVED:

                   On the Motion of Councillors V Keenan and D Hayes

That Council receive and note the report outlining responses to Questions/Business with Notice.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 

 

COMMITTEE MINUTES

 

M-1            AUDIT, RISK AND IMPROVEMENT COMMITTEE MINUTES - 8 JUNE 2017

 

17/258       RESOLVED:

                   On the Motion of Councillors D Hayes and P Funnell

That Council endorses the recommendations contained in the minutes of the Audit, Risk and Improvement Committee Meeting held on 8 June 2017.

 

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

QUESTIONS/BUSINESS WITH NOTICE

 

The following Questions/Business with Notice to be addressed in the next available Business paper:

 

1.         Councillor P Funnell raised concerns regarding the Sealing of Tooyal Road, following Councils resolution on 24 April 2017. No action has happened in three months. What is Councils compliance, the owners’ responsibilities, and the timeframes for action to take place?

 

2.         Councillor P Funnell requested in writing details regarding the delivery of the Multi-Purpose Stadium (MPS), such as when, whom, how and the completion date.

 

3.         Councillor K Pascoe requested Council to further review the Local Government Act, and liaise with the Office of Local Government regarding reports going to Council for small donation amounts. Why are they coming through to Council as a report, can they be added to the finance report?

 

4.         Councillors K Pascoe and D Tout requested a report addressing concerns of noncompliance regarding conditions of consent following approval by the Southern Joint Regional Planning Panel (SJRPP) several years ago for the extensions to Tarcoola Quarry on Gillard Road. This report is to include an investigation on maintenance patching of Gillard Road by Council in the absence of the developer complying with conditions of consent including costs incurred by Council and other compliance matters.

 

5.         Councillor G Conkey stated that the Traffic Island on Edward Street opposite The Mill development is extremely dangerous and request that Council consult with the Roads and Maritime Services (RMS) to investigate.

 

closed COUNCIL

17/259       RESOLVED:

                   On the Motion of Councillors D Hayes and V Keenan

That the Council now resolve itself into a Closed Council, the time being 8.24pm.

CARRIED

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


 

PROCEDURAL MOTION - ENGLOBO

17/260       RESOLVED:

                   On the Motion of Councillors T Koschel and D Hayes

That the standing orders be varied for the meeting as set out hereunder:

  • Items where councillors wish to speak
  • Items where no councillors wish to speak
  • Confidential
  • Matter of urgency
  • Closure of Meeting

That CONF-2, CONF-5 and CONF-6 be adopted as recommended in the business papers.

CARRIED

 

 

CONFIDENTIAL REPORTS

 

CONF-1    SALE OF COUNCIL LAND AT 51 SPRING STREET, WAGGA WAGGA

 

17/261       RESOLVED:

                   On the Motion of Councillors D Hayes and P Funnell

That Council:

a       sell the land at 51 Spring Street, Wagga Wagga (Lot 30 DP 1027765) upon the terms outlined in the body of this report

b       delegate authority to the General Manager or their delegate to undertake the functions as outlined in the methodology section of this report

c       delegate authority to the General Manager or their delegate to execute any necessary documents on behalf of Council

d       authorise the affixing of Council’s Common Seal to any necessary document as required

CARRIED

 


RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 

 

CONF-2    RFQ 2017-538 ROAD SIGNS AND ASSOCIATED HARDWARE

 

17/262       RESOLVED:

                   On the Motion of Councillors T Koschel and D Hayes

That Council:

a       accept the offer of Artcraft Pty Ltd (ABN: 77 004 399 642) for the supply of roads signs and associated hardware in accordance with the schedule of rates submitted in their offer

b       authorises the General Manager or their delegate to enter into a contract with Artcraft Pty Ltd (ABN: 77 004 399 642) for the supply of road signs and associated hardware for a period of one year

c       authorises 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 OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 


 

CONF-3    SALE OF LAND AT 40 BRUNSKILL AVENUE, FOREST HILL

 

17/263       RESOLVED:

                   On the Motion of Councillors R Kendall and K Pascoe

That Council:

a       sell the land at 40 Brunskill Avenue, Forest Hill (Lot 1 DP1108891) upon the terms outlined in the body of this report

b       delegate authority to the General Manager or their delegate to undertake the functions as outlined in the methodology section of this report

c       delegate authority to the General Manager or their delegate to execute any necessary documents on behalf of Council

d       authorise the affixing of Council’s Common Seal to any necessary document as required

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 


 

CONF-4    PROPOSED AIRPORT CAFE SUB-LEASE VARIATION

 

17/264       RESOLVED:

                   On the Motion of Councillors D Hayes and R Kendall

That Council:

a       extend the sub-lease agreement with Dragon Management Pty Ltd for the Airport Café premises until 29 June 2025 in accordance with the terms outlined in the body of the report

b       delegate authority to the General Manager or their delegate to execute any necessary documents on behalf of Council

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 

 

CONF-5    LICENCE AGREEMENT FOR LAND KNOWN AS THE WIRADJURI GOLF CENTRE

 

17/265       RESOLVED:

                   On the Motion of Councillors T Koschel and D Hayes

That Council:

a       allow the licence agreement with Mr John King for the land known as the Wiradjuri Golf Centre (Lots A & B DP 362030, Lot 8 DP 833386 & Lot 1 DP 260462) to continue on a month to month basis

b       note that the licensee shall receive no less than six months’ notice in writing of any requirement for vacant possession

c       delegate authority to the General Manager or their delegate to execute any necessary documents on behalf of Council

CARRIED

 


RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 

 

CONF-6    APPOINTMENT OF AVIATION INDUSTRY REPRESENTATIVES TO THE AIRPORT ADVISORY COMMITTEE

 

17/266       RESOLVED:

                   On the Motion of Councillors T Koschel and D Hayes

That Council endorse the appointment of three Aviation Industry Participants (AIPs) to serve on the Airport Advisory Committee as contained in this report.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

V Keenan

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 

Councillor V Keenan vacated the chamber, the time being 8:46pm.

 

At this stage of the meeting Council’s Waste Tender Technical Advisor, Arvind Lal, Director Square Link Pty Ltd and Probity Advisor, Mitchell Morley, Director InConsult, was invited into the meeting, the time being 8.47pm.


 

CONF-7    RFT 2017-24 WASTE, RECYCABLES AND ORGANICS COLLECTION SERVICE

 

17/267       RESOLVED:

                   On the Motion of Councillors P Funnell and K Pascoe

That Council:

a          accept the offer of JJ Richards & Sons Pty Ltd in the schedules of rates submitted with their offer for Waste, Recyclables and Organics Collection Service including optional household clean-up waste collection service (hard waste) for a term of seven years with an option for Council to extend that term for a further three years in three, 1-year increments at the sole discretion of Council

b          not accept the optional Emptying of Hook-lift bins service as proposed by JJ Richards & Sons Pty Ltd

c          authorise the General Manager or their delegate to enter into a contract with JJ Richards & Sons Pty Ltd

d          authorise the affixing of Council’s Common seal to all relevant documents as required

 

e          receive a report on the option of procuring a Hook-lift truck and utilise Councils own resources to service the Hook-lift bins

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

Y Braid OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 


 

CONF-8    RFT 2017-26 RECYCABLES WASTE ACCEPTANCE AND PROCESSING SERVICE

 

17/268       RESOLVED:

                   On the Motion of Councillors D Hayes and T Koschel

That Council:

a          accept the offer of Kurrajong Recycling in the schedules of rates submitted with their offer for Recyclables Waste Acceptance and Processing Service for a term of seven years with an option for Council to extend that term for a further three years in three, 1-year increments at the sole discretion of Council

b          authorise the General Manager or their delegate to enter into a contract with Kurrajong Recycling

c          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 OAM

 

G Conkey OAM

 

P Funnell

 

D Hayes

 

R Kendall

 

T Koschel

 

K Pascoe

 

D Tout

 

 


 

CONF-9    RFT 2017-27 FOOD AND GARDEN ORGANICS ACCEPTANCE AND PROCESSING SERVICE

 

17/269       RESOLVED:

                   On the Motion of Councillors D Tout and R Kendall

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 or their delegate to enter into direct negotiations with any persons with a view to entering into a contract in relation to the subject matter of the RFT following a Councillor workshop to be held 7 August 2017

c          receive a further report and recommendation on the outcomes of the negotiations in relation to the subject matter of the RFT

d          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

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

G Conkey OAM

Y Braid OAM

D Hayes

P Funnell

R Kendall

T Koschel

D Tout

K Pascoe

 

With the vote tied four votes all, the Mayor, Councillor G Conkey OAM used his casting vote in favour of the Motion.

 

Reversion to open COUNCIL

17/270       RESOLVED:

                   On the Motion of Councillors K Pascoe and T Koschel

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 10.10pm.

CARRIED

Councillor V Keenan re-entered the chamber, the time being 10.10pm.

report of proceedings of closed COUNCIL

17/271       RESOLVED:

                   On the Motion of Councillors K Pascoe and D Hayes

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 10.21pm.

 

…………………………………………………..

                                                                                                      MAYOR