Minutes of the Ordinary Meeting of Council held on Monday 23 October 2017.

Present

The Mayor, Councillor Greg Conkey OAM

Councillor Yvonne Braid OAM

Councillor Paul Funnell

Councillor Rod Kendall

Councillor Kerry Pascoe

Councillor Dallas Tout

In Attendance

General Manager                                                                    (Mr J Bolton)

Director Finance                                                                     (Mrs N Te Pohe)

Director Community                                                               (Mrs J Summerhayes)

Director Commercial Operations                                          (Ms C Angel)

Director Commercial Development                                      (Mr A Butler)

Manager Finance                                                                   (Mrs C Rodney)

Manager Executive Support                                                  (Mr S Gray)

Manager Operations                                                               (Mr S Jewell)

Corporate Governance Coordinator                                    (Mrs N Johnson)

Communications & Engagement Officer                             (Mr J Lang)

Governance Officer                                                                (Miss 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

An apology for non-attendance was received and accepted for Councillor D Hayes and Councillor T Koschel on the Motion of Councillors R Kendall and K Pascoe.

CARRIED

LEAVE OF ABSENCE

Council not that a leave of absence was granted to Councillor V Keenan (5 October 2017 to 25 October 2017 inclusive) at the 25 September 2017 Ordinary Council Meeting.

CONFIRMATION OF MINUTES

CM-1         Ordinary Council Meeting - 25 SEPTEMBER 2017

17/346       RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

That the Minutes of the proceedings of the Ordinary Council Meeting held on 25 September 2017 be confirmed as a true and accurate record.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
P Funnell
R Kendall
K Pascoe
D Tout

CM-2         Extraordinary Council Meeting - 26 September 2017

17/347       RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

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

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
P Funnell
R Kendall
K Pascoe
D Tout

Declarations Of Interest

Councillor D Tout declared a Non Pecuniary, Non-Significant Interest in MM-2 – MAYORAL MINUTE – RIVERINA PLAYHOUSE ESSENTIAL ENERGY EASEMENT the reason being that the Lessee is his employer and remained in the chamber during its consideration.

MAYORAL MINUTES

MM-1         MAYORAL MINUTE - REPRESENTATION ON THE AUSTRALIAN AVIATION HALL OF FAME (AHOF) BOARD

17/348       RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

That Council appoint a representative to the Australian Aviation Hall of Fame (AAHOF) Board.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
P Funnell
R Kendall
K Pascoe
D Tout

The Mayor, Councillor G Conkey OAM nominated Councillor R Kendall.

Councillor R Kendall accepted the nomination.

Councillor R Kendall was duly elected to be the representative to the Australian Aviation Hall of Fame (AAHOF) Board.

MM-2         MAYORAL MINUTE – RIVERINA PLAYHOUSE ESSENTIAL ENERGY EASEMENT

17/349       RESOLVED:

On the Motion of The Mayor, Councillor G Conkey OAM

That Council:

a       allow the creation of an Essential Energy easement for multi-purpose electrical installation burdening Lot 1 DP 717828

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
R Kendall
K Pascoe
D Tout

PROCEDURAL MOTION - ENGLOBO

17/350       RESOLVED:

On the Motion of Councillors R Kendall 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-1, RP-2, RP-4 to RP-11 and M-1 to M-3 be adopted as recommended in the business papers.

CARRIED

CLOSED COUNCIL

17/351       RESOLVED:

On the Motion of Councillors K Pascoe and D Tout

That the Council now resolve itself into a Closed Council, the time being 6.08pm.

CARRIED

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

PROCEDURAL MOTION – CONFIDENTIAL ENGLOBO

17/352       RESOLVED:

On the Motion of Councillors K Pascoe 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 CONF-1, CONF-2, CONF-4 be adopted as recommended in the business papers

CARRIED

REVERSION TO OPEN COUNCIL

17/353       RESOLVED:

On the Motion of Councillors P Funnell and D Tout

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 6.09pm.

CARRIED

REPORT OF PROCEEDING OF CLOSED COUNCIL

17/354       RESOLVED:

On the Motion of Councillors K Pascoe and D Tout

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

CARRIED

REPORTS FROM STAFF

RP-1          Financial Performance Report as at 30 September 2017

17/355       RESOLVED:

On the Motion of Councillors R Kendall and P Funnell

That Council:

a       approve the proposed 2017/18 budget variations for the month ended 30 September 2017 and note the balanced budget position 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       provide financial assistance of the following amounts in accordance with Section 356 of the Local Government Act 1993:

i)       PCYC – Wagga Wagga                                                                    $    130.00

ii)      Wagga Wagga and District Family History Society Inc.         $    420.00

iii)     Committee for Liberty from Violence                                          $ 3,077.00

iv)     Task force 72 (Scale Model Ship Association Wagga

Wagga)                                                                                                 $    720.00

v)      The Cure for MND Foundation                                                      $    615.00

d       note details of the external investments as at 30 September 2017 in accordance with section 625 of the Local Government Act 1993

e       accept the grant of $18,340 from the NSW Department of Primary Industries (Lands) towards works to remove invasive Cootamundra Wattle at Pomingalarna Park

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
P Funnell
R Kendall
K Pascoe
D Tout

RP-2          POL 078 - Financial Assistance Policy and Amended 2017/18 Combined Delivery Program and Operational Plan

17/356       RESOLVED:

On the Motion of Councillors R Kendall and P Funnell

That Council:

a       note that no submissions were received as a result of the public exhibition of the draft POL 078 Financial Assistance Policy and amended 2017/18 Combined Delivery Program and Operational Plan

b       note the minor amendments included in the proposed POL 078 Financial Assistance Policy

c       adopt the POL 078 Financial Assistance Policy

d       adopt the revised 2017/18 Combined Delivery Program and Operational Plan

e       rescind POL 093 Subsidy for Waste Disposal by Charitable Organisations Policy

f        delegate to the Mayor, or in their absence, the Deputy Mayor, the authority to approve the provision of financial assistance from the Mayoral Discretionary Fund of up to $1,000 to be applied in accordance with POL 078 Financial Assistance Policy, consistent with s377 of the Local Government Act 1993

g       delegate to the General Manager, the authority to approve the provision of financial assistance of up to $500 to be applied in accordance with POL 078 Financial Assistance Policy, consistent with s377 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
R Kendall
K Pascoe
D Tout

RP-3          Annual Financial Statements 2016/17

17/357       RESOLVED:

On the Motion of Councillors D Tout and R Kendall

That Council:

a       note the comments from the Audit, Risk & Improvement Committee regarding the 2016/17 Financial Statements

b       approve the signing of the 2016/17 Financial Statements pursuant to Section 413 (2c) of the Local Government Act 1993

c       approve the movements to and from Restricted Assets (Reserves) as at 30 June 2017 as detailed in Note 6 (c) - Cash & Investments

d       receive a presentation from the NSW Audit Office on the audited financial reports and auditors report at the 27 November 2017 Council Meeting, pursuant to Section 418 (1)

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
P Funnell
R Kendall
K Pascoe
D Tout

RP-4          Wagga Wagga Main City Levee - Federal Grant Acceptance

17/358       RESOLVED:

On the Motion of Councillors R Kendall and P Funnell

That Council:

a       accept the Federal Government grant offer of $9M for delivery of the Main Wagga Wagga City Levee

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 OAM
G Conkey OAM
P Funnell
R Kendall
K Pascoe
D Tout

RP-5          Draft Wagga Wagga Revised Floodplain Risk Management Study and Plan

17/359       RESOLVED:

On the Motion of Councillors R Kendall and P Funnell

That Council:

a       receive the draft Wagga Wagga Revised Floodplain Risk Management Study and Plan

b       place the draft Wagga Wagga Revised Floodplain Risk Management Study and Plan on public exhibition for a minimum of 28 days from 24 October 2017 to 21 November 2017 and invite public submissions on the draft document during the exhibition and consultation period

c       endorse the preparation of a formal submission by staff in response to the draft Wagga Wagga Revised Floodplain Risk Management Study and Plan

d       receive a further report following the public exhibition and consultation period that will consider:

i         in consultation with WMAwater Pty Ltd, any submission made in respect of the draft Wagga Wagga Revised Floodplain Risk Management Study and Plan

ii        proposing adoption of the draft Wagga Wagga Revised Floodplain Risk Management Study and Plan 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
R Kendall
K Pascoe
D Tout

RP-6          Red Hill Road - Local Articulated Vehicles

17/360       RESOLVED:

On the Motion of Councillors R Kendall and P Funnell

That Council:

a       receive and note this report

b       continue utilising option 1 as outlined in the body of this report noting the effectiveness of the permit system

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
P Funnell
R Kendall
K Pascoe
D Tout

RP-7          DISCLOSURE OF PECUNIARY INTEREST RETURNS - COUNCILLORS AND DESIGNATED STAFF 2017

17/361       RESOLVED:

On the Motion of Councillors R Kendall and P Funnell

That the Register of Pecuniary Interest Returns, containing current returns for the period 1 July 2016 to 30 June 2017 be tabled in accordance with Section 449 of the Local Government Act.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
P Funnell
R Kendall
K Pascoe
D Tout

RP-8          CHANGE OF LICENCE ENTITY - WAGGA WAGGA CITY COUNCIL LICENCE RENEWAL TO LIVEBETTER SERVICES LIMITED (FORMERLY WAGGA WAGGA COMMUNITY RESOURCE CENTRE)

17/362       RESOLVED:

On the Motion of Councillors R Kendall and P Funnell

That Council:

a       note in relation to an upcoming licence renewal the name of the licensee entity has changed from Wagga Wagga Community Resource Centre (ABN 58 151 969 547) to LiveBetter Services Limited (ABN 13 160 259 512)

b       delegate authority to the General Manger 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
R Kendall
K Pascoe
D Tout

RP-9          POL 001 Asset Management Policy

17/363       RESOLVED:

On the Motion of Councillors R Kendall and P Funnell

That Council:

a       notes there were no submissions received during the exhibition period for POL 001 Asset Management Policy

b       adopts POL 001 Asset Management Policy

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
P Funnell
R Kendall
K Pascoe
D Tout
RP-10        Draft POL 053 Corporate Purchase Card Policy
17/364       RESOLVED: On the Motion of Councillors R Kendall and P Funnell That Council: a       endorse the draft POL 053 Corporate Purchase Card Policy, that is to be placed on public exhibition for a period of 28 days from 28 October 2017 to 27 November 2017 and invites public submissions on the draft Policy b       note that the Audit, Risk and Improvement Committee considered the draft POL 053 Corporate Purchase Card Policy at its meeting on 10 August 2017 and has recommended that Council endorse the draft Policy and place it on public exhibition seeking public submissions c       receive a further report following the public exhibition and submission period: i         addressing any submissions made in respect of the proposed POL 053 Corporate Purchase Card 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
R Kendall
K Pascoe
D Tout

RP-11        POL 101 Legislative Compliance Policy

17/365       RESOLVED:

On the Motion of Councillors R Kendall and P Funnell

That Council:

a       notes that there were no submissions received during the exhibition period for POL 101 Legislative Compliance Policy

b       adopts POL 101 Legislative Compliance Policy

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
P Funnell
R Kendall
K Pascoe
D Tout

RP-12        Response to Questions with Notice

A Motion was moved by Councillors D Tout and P Funnell

That Council receive and note this report.

An AMENDMENT was moved by Councillor K Pascoe and seconded by Councillor P Funnell

That Council receive and note all items with exception of Item Two outlined in the report.

RECORD OF VOTING ON THE AMENDMENT

For the Amendment	Against the Amendment
Y Braid OAM
G Conkey OAM
P Funnell
R Kendall
K Pascoe
D Tout

The AMENDMENT on being put to the meeting was Carried and became the Motion.

17/366       RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

That Council receive and note all items with exception of Item Two outlined in the report.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
P Funnell
R Kendall
K Pascoe
D Tout

COMMITTEE MINUTES

M-1            Floodplain Risk Management Advisory Committee Minutes - 04 July 2017 and 12 September 2017

17/367       RESOLVED:

On the Motion of Councillors R Kendall and P Funnell

That Council receive the minutes of the Floodplain Risk Management Advisory Committee Meeting held on 4 July 2017 and 12 September 2017.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
P Funnell
R Kendall
K Pascoe
D Tout

M-2            Audit, Risk and Improvement Committee Minutes - 5 October 2017

17/368       RESOLVED:

On the Motion of Councillors R Kendall and P Funnell

That Council endorses the recommendations contained in the minutes of the Audit, Risk and Improvement Committee Meeting held on 5 October 2017.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
P Funnell
R Kendall
K Pascoe
D Tout

M-3            Traffic Committee Minutes and Summary - 14 September 2017

17/369       RESOLVED:

On the Motion of Councillors R Kendall and P Funnell

That Council receive the minutes of the Traffic Committee meeting held on 14 September 2017.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
P Funnell
R Kendall
K Pascoe
D Tout

QUESTIONS/BUSINESS WITH NOTICE

The following Questions/Business with Notice are to be addressed through the next available business paper:

1. Councillor P Funnell requested a report back to Council regarding compliance matters of Tooyal Road.

2. Councillors R Kendall, K Pascoe, D Tout and The Mayor, Councillor G Conkey OAM acknowledged and congratulated all staff involved in the Sister City visit and the Fusion Event held 21 and 22 October 2017.

3. Councillor D Tout requested a map of all high flood hazard areas including risk ratings and depths in the Local Government Area.

4. The Mayor, Councillor G Conkey OAM acknowledged and thanked his Executive Assistant, Monique Price for her contribution to Council and assistance to all Councillors during her employment, Council wish her well with her future endeavours.

closed COUNCIL

17/370       RESOLVED:

On the Motion of Councillors P Funnell and K Pascoe

That the Council now resolve itself into a Closed Council, the time being 6.25pm.

CARRIED

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

CONFIDENTIAL MAYORAL MINUTE

CONFMM-1       CONFIDENTIAL MAYORAL MINUTE – RFT 2017-26 RECYCLABLES WASTE ACCEPTANCE AND PROCESSING SERVICE SECURITY ARRANGEMENTS

17/371       RESOLVED:

On the Motion of The Mayor, Councillor G Conkey OAM

That Council:

a       authorise changing the security amount in the proposed contract for RFT 2017-26 Recyclables Waste Acceptance and Processing Service with Kurrajong Recycling from $900,000 to 12.5% of the total annual contract value

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

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
R Kendall
K Pascoe
D Tout

CONFIDENTIAL REPORTS

CONF-1    RFT2018/10 Bulk Emulsion Supply

17/372       RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

That Council:

a       accept the offer of Downer EDI Works Pty Ltd for the supply of bulk emulsion in the schedule of rates submitted with their Tender offer

b       authorise the General Manager or their delegate to enter into a contract with Downer EDI Works Pty Ltd for the supply of bulk emulsion

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
R Kendall
K Pascoe
D Tout

CONF-2    RFT2018/01 SEWER REHABILITATION KOORINGAL, RED HILL ROAD AND NIXON CRESCENT

17/373       RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

That Council:

a       accept the tender of Keough’s Plant Hire Pty Ltd (ABN: 74 000 521 246) for the Rehabilitation of Gravity Sewer Mains in Kooringal, Red Hill Road and Nixon Crescent in the lump sum amount of $ 994,595.45 excluding GST

b       authorise the General Manager or their delegate to enter into a contract with Keough’s Plant Hire Pty Ltd for the Rehabilitation of Gravity Sewer Mains in Kooringal , Red Hill Road and Nixon Crescent

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
R Kendall
K Pascoe
D Tout

CONF-3    SALE OF WIRADJURI CRESCENT PROPERTIES

17/374       RESOLVED:

On the Motion of Councillors K Pascoe and Y Braid OAM

That Council defer the report on the SALE OF WIRADJURI CRESCENT PROPERTIES until the November 2017 Council meeting for consideration in open Council.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
Y Braid OAM
G Conkey OAM
P Funnell
R Kendall
K Pascoe
D Tout

CONF-4    PROPOSED SUB-LEASE TO ENCORE AVIATION PTY LTD - HANGAR SITE 225 - WAGGA AIRPORT

17/375       RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

That Council:

a       note the proposed sub-lease to former owner of hangar site 225 is no longer proceeding

b       amend the existing sub-lease with Encore Aviation Pty Ltd over hangar sites 301 & 227 to include hangar site 225 as per the terms set out in the body of this report

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
R Kendall
K Pascoe
D Tout

CONF-5    Appointment of Public Art Advisory Panel Community Member

17/376       RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council appoint the replacement community representative to the Public Art Advisory Panel 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
R Kendall
K Pascoe
D Tout

Reversion to open COUNCIL

17/377       RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 6.33pm.

CARRIED

report of proceedings of closed COUNCIL

17/378       RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

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 6.38pm.

…………………………………………………..

                                                                                                      MAYOR