Minutes of the Ordinary Meeting of Council held on Monday 29 October 2018.

Present

The Mayor, Councillor Greg Conkey OAM

Councillor Yvonne Braid OAM

Councillor Dan Hayes

Councillor Vanessa Keenan

Councillor Rod Kendall

Councillor Tim Koschel

Councillor Kerry Pascoe

Councillor Dallas Tout

In Attendance

General Manager                                                                    (Mr P Thompson)

Director Finance                                                                     (Mrs N Te Pohe)

Director Community                                                               (Mrs J Summerhayes)

Director Commercial Operations                                          (Ms C Angel)

Manager Finance                                                                   (Mrs C Rodney)

Manager City Strategy                                                            (Mr T Kell)

Manager Executive Support                                                  (Mr S Gray)

Manager Procurement Services                                           (Mr D Butterfield)

Manager Project Delivery                                                      (Mr R Shah)

Manager Technical & Strategy                                              (Mr P Ross)

Manager Museum                                                                   (Mr L Grealy)

Corporate Governance Coordinator                                    (Mrs N Johnson)

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

Senior Project Manager                                                         (Mr D Woods)

Gregadoo Waste Management Facility Manager              (Mr G Pym)

Project Coordinator                                                                 (Mr T Lemerle)

Communications & Engagement Officer                             (Mr J Lang)

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 were received.

LEAVES OF ABSENCE

18/380       RESOLVED:

On the Motion of Councillors V Keenan and R Kendall

That Council grant a leave of absence for Councillor P Funnell for Monday, 29 October 2018 (inclusive) and Councillor T Koschel for Monday, 12 November 2018 (Inclusive).

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

CONFIRMATION OF MINUTES

CM-1         Ordinary Council Meeting - 8 October 2018

18/381       RESOLVED:

On the Motion of Councillors K Pascoe and V Keenan

That the Minutes of the proceedings of the Ordinary Council Meeting held on 8 October 2018 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
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

Declarations Of Interest

Councillor V Keenan declared a Non-Significant, Non-Pecuniary Interest in CONF-7 RFT2018-14 FOOD AND GARDEN ORGANICS ACCEPTANCE AND PROCESSING SERVICE the reason being that the company mentioned in the report are former clients from three years ago and vacated the chamber during its consideration.

Councillor K Pascoe declared a Pecuniary Interest in CONF-4 RFT2019-10 SUPPLY READY MIX CONCRETE & ASSOCIATED PRODUCTS the reason being that he does business with one of the Tenderers and vacated the chamber during its consideration.

PROCEDURAL MOTION - ENGLOBO

18/382       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

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-3, RP-6 to RP-9, M-1, CONF-1, CONF-3, CONF-6 be adopted as recommended in the business papers.

CARRIED

REPORTS FROM STAFF

RP-1          ANNUAL FINANCIAL STATEMENTS

18/383       RESOLVED:

On the Motion of Councillors R Kendall and V Keenan

That Council:

a       note the comments from the Audit, Risk & Improvement Committee regarding the 2017/18 Financial Statements

b       approve the signing of the 2017/18 Financial Statements pursuant to Section 413 (2)(c) of the Local Government Act 1993

c       approve the closing balances of the Restricted Assets (Reserves) as at 30 June 2018 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 26 November 2018 Council Meeting, pursuant to Section 418 (1) and provide public notice accordingly

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

RP-2          Financial Performance Report as at 30 September 2018

18/384       RESOLVED:

On the Motion of Councillors V Keenan and T Koschel

That Council:

a       approve the proposed 2018/19 budget variations for the month ended 30 September 2018 and note the balanced budget position as presented in this report

b       approve the future year adjustments to the Long Term Financial Plan for loan repayments as detailed in this report

c       approve the future year adjustment to the Long Term Financial Plan for a Regional Arts NSW event as detailed in this report

d       provide financial assistance of the following amounts in accordance with Section 356 of the Local Government Act 1993:

i)       The Women’s Domestic Violence Court Advocacy Service $1,298

ii)      Riverina Pregnancy and Baby Loss Support group (Bloss) $     85

e       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

f        note details of the external investments as at 30 September 2018 in accordance with section 625 of the Local Government Act 1993

g       in accordance with Regulation 212(1)(ii) of the Local Government (General) Regulation 2005, receive the report on council investments in the second Council meeting of each month

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

RP-3          DISCLOSURE OF PECUNIARY INTEREST RETURNS - COUNCILLORS AND DESIGNATED STAFF 2018

18/385       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That the Register of Pecuniary Interest Returns, containing current returns for the period 1 July 2017 to 30 June 2018 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
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

RP-4          Proposed Voluntary Planning Agreement for environmental land associated with DA 17/0572 - Lot 39 Genista Place

18/386       RESOLVED:

On the Motion of Councillors D Hayes and K Pascoe

That Council:

a       support the draft Voluntary Planning Agreement including the Explanatory Note relating to Lot 39 DP1085747 and associated with DA17/0572

b       place the draft Voluntary Planning Agreement including the Explanatory Note on public exhibition for a period of 28 days from 3 November 2018 until 1 December 2018, and invite public submissions on the Voluntary Planning Agreement until 15 December 2018

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

i         addressing any submission made in respect of the draft Voluntary Planning Agreement

ii        proposing to enter into the Voluntary Planning Agreement unless there are any recommended amendments deemed to be substantial and require a further public exhibition period

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

RP-5          Lake Albert Blue Green Algae Remediation

18/387       RESOLVED:

On the Motion of Councillors T Koschel and R Kendall

That Council:

a       endorse the pilot/trial of ultrasound technology for controlling cyanobacteria bloom in Lake Albert

b       authorise the General Manager or their delegate to enter into a contract with Masonry Management Services Pty Ltd (ABN 67072 316477) trading as Envirosonic for provision of a 12 month trial of ultrasound technology as detailed in the body report

c       receive a subsequent report in 12 months on the performance of the pilot/trial including recommendations on whether or not to purchase the installed system

d       approve the budget variations as detailed in the confidential separate cover attachment

e        undertake community consultation in relation to the project and provide guidance on safety management in relation to lake users when the buoys are located on the lake

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

RP-6          Gregadoo Waste Management Centre - Biosolid Processing

18/388       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council:

a       note the contents of the report

b       proceed to tender to seek interest from suitable and licenced companies to receive the Biosolids outlined in this report

c       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 OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

RP-7          Gregadoo Waste Management Centre - Gas Capture Network Extension and Gas Powered Evaporator

18/389       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council:

a       note the contents of the report

b       proceed to tender to seek interest from suitable companies to extend the gas capture network and supply and install a gas powered evaporator, as outlined in this report

c       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 OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

RP-8          Gregadoo Waste Management Centre - Aceess Road and Fence Construction

18/390       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council:

a       note the contents of the report

b       proceed to tender to seek interest from suitable contractors to construct the access road to the waste operator precinct, as outlined in this report

c       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 OAM
G Conkey OAM
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

RP-9          Gregadoo Waste Management Centre - Community Recycling Centre Funding Grant

18/391       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council:

a       note the contents of the report

b       accept the Environment Protection Authority (EPA) Community Recycling Centre (CRC) funding of $200K

c       approve for the project to be included in Council’s 2018/19 Capital Works Program

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

COMMITTEE MINUTES

M-1            Audit, Risk and Improvement Committee Minutes - 11 October 2018

18/392       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council endorses the recommendations contained in the minutes of the Audit, Risk and Improvement Committee Meeting held on 11 October 2018.

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

QUESTIONS/BUSINESS WITH NOTICE

The following Questions / Business with Notice were raised with no further action required.

1. Councillor D Hayes requested a timeframe on when the Complaint Handling Policy and review will be reported back to Council? The General Manager stated that a report on complaint handling will be presented to Council by the end of November 2018.

2. Councillor D Hayes congratulated all Council staff and the community for the successful Fusion event celebrating multiculturalism and diversity in Wagga Wagga. Councillor D Hayes also requested that Council continue to look at ways to promote and lead diversity and multiculturalism in Wagga Wagga in more ways and not to save it for one event per year.

The Mayor Greg Conkey OAM advised his attendance at Diversity Day on 28 October 2018 at the Botanic Gardens celebrating multiculturalism in Wagga Wagga. He advised this event is another opportunity to celebrate being a proud multicultural City.

3. Councillor T Koschel represented Council at the Southern Sports Academy Presentation night on Friday, 19 October 2018. He thanked the organisers for a very well run night showcasing what the next generation have been able to achieve, with some great positive things coming through for our youths of the Wagga Wagga region.

4. Councillor K Pascoe raised his concern regarding the landscaping at the end of Fox Street and Thorne Street (intersecting Edward Street) being in very poor condition. Can something be done to improve these sites for passing traffic and the community.

5. Councillor K Pascoe raised the potential of a future Halloween event for Wagga Wagga including a street parade and festivities.

closed COUNCIL

18/393       RESOLVED:

On the Motion of Councillors R Kendall and V Keenan

That the Council now resolve itself into a Closed Council, the time being 6.19pm.

CARRIED

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

CONFIDENTIAL REPORTS

CONF-1    RFT2019-11 LANDSCAPE DESIGNS RIVERSIDE STAGE II

18/394       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council

a       accept the price of GHD Pty Ltd (ABN: 39 008 488 373) for the Riverside Stage II landscape designs of $293,337 excluding GST

b       authorise the General Manager or their delegate to enter into a contract with GHD Pty Ltd (ABN: 39 008 488 373) for the Riverside Stage II landscape designs

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
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

CONF-2    Proposed Easement for Transmission Line - East Bomen Road and Trahairs Road

18/395       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council:

a       permit the creation of an easement for a transmission line across East Bomen Road, Bomen subject to such easement being conditional on there being no future compromise of Councils use of the public road area for the provision of future public infrastructure

b       permit the creation of an easement for a transmission line across Trahairs Roads, Bomen subject to such easement being conditional on there being no future compromise of Councils use of the public road area for the provision of future public infrastructure

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

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

e        requires that the easement is to be extinguished should the solar farm use cease 

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

CONF-3    RFT2018-34 MAIN WAGGA LEVEE UPGRADE STAGE 2

18/396       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council:

a       accept the price of Murray Constructions Pty Ltd (ABN: 61 003 546 629) for the  Main City Levee Upgrade Stage 2 of $9,694,727.27 excluding GST

b       authorise the General Manager or their delegate to enter into a contract with Murray Constructions Pty Ltd (ABN: 61 003 546 629) for the Main City Levee Upgrade Stage 2

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

d       approve the budget variations 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
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout
CONF-4    RFT2019-10 SUPPLY READY MIX CONCRETE & ASSOCIATED PRODUCTS
Councillor K Pascoe declared a Pecuniary Interest and vacated the chamber, the time being 6:40pm.
18/397       RESOLVED: On the Motion of Councillors T Koschel and D Hayes That Council: a       accept the tender of Mercury Group Pty Ltd T/a Supermix Concrete for the supply of Ready Mix Concrete and Associated Products in the schedule of rates submitted in their tender b       authorise the General Manager or their delegate to enter into a contract with  Mercury Group Pty Ltd T/a Supermix Concrete for the supply of Ready Mix Concrete and Associated Products for a period of 12 months c       authorise the General Manager or their delegate to extend the contract for 1 x 12 month period subject to satisfactory performance d       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
D Hayes
V Keenan
R Kendall
T Koschel
D Tout

Councillor K Pascoe re-entered the chamber, the time being 6:40pm.

CONF-5    POTENTIAL EVENT OPPORTUNITY

18/398       RESOLVED:

On the Motion of Councillors D Hayes and K Pascoe

That Council:

a       delegate authority to the General Manager or their delegate to negotiate with the Australian Football League (AFL) in regards to potentially hosting a future Australian Football League Women’s (AFLW) premiership match

b       delegate authority to the General Manager to enter into an agreement with the AFL should negotiations be successful, subject to the budget proposed in the Financial Implications section of this report

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

CONF-6    RFT2019-07 MUSEUM REDEVELOPMENT DETAILED DESIGN

18/399       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council:

a       accept the price of Panovscott Pty Ltd (ABN: 59 606 735 844) for the Museum Redevelopment Detailed Design of $166,360 excluding GST

b       authorise the General Manager or their delegate to enter into a contract with Panovscott Pty Ltd (ABN: 59 606 735 844) for the Museum Redevelopment Detailed Design

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
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

CONF-7    RFT2018-14 FOOD AND GARDEN ORGANICS ACCEPTANCE AND PROCESSING SERVICE

Councillor V Keenan declared a Non-significant, Non-Pecuniary Interest and vacated the chamber, the time being 6:45pm.

18/400       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a       accept the offer of Worm Tech Pty Ltd (ABN: 72 143 326 327) for processing of food and garden organics materials for a period of two years plus 3 x 12 months options

b       authorise the General Manager or their delegate to enter into a contract with Worm Tech Pty Ltd (ABN: 72 143 326 327) for processing of food and garden organics materials for a period of two years plus 3 x 12 months options

c       authorise the General Manager or their delegate to extend the contract for 3 x 12-months at the sole discretion of Council

d       note that the Gregadoo Facilities Access Fee (item 0948) adopted in Council’s 2018/19 Fees and Charges ($7.32 GST inclusive for 2018/19), will be applied and amended if Council so adopt a revised fee within the contract period

e       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
D Hayes
R Kendall
T Koschel
K Pascoe
D Tout

Councillor V Keenan re-entered the chamber, the time being 6:52pm.

Reversion to open COUNCIL

18/401       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 6.52pm.

CARRIED

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

…………………………………………………..

                                                                                                      MAYOR