Minutes of Ordinary Meeting of Council - 8 April 2019

Minutes of the Ordinary Meeting of Council held on Monday 8 April 2019.

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

Director Community (Mrs J Summerhayes)

Director Finance (Mrs N Te Pohe)

Acting Director Commercial Operations (Mr R Shah)

Manager Audit, Risk & Governance (Ms I Hensley)

Manager City Strategy (Mr T Kell)

Manager Executive Support (Mr S Gray)

Manager Operations (Mr S Otieno)

Manager Technical & Strategy (Mr P Ross)

Manager City Development (Mr P O’Brien)

Senior Project Manager (Mr D Woods)

Development Assessment Coordinator (Mr C Collins)

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

Communications & Engagement Officer (Mr J Lang)

Governance Officer (Ms B King)

Audit, Risk and Governance Officer (Mrs S Karpanen)

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 the General Manager, Mr Peter Thompson and Director Commercial Operations, Ms Caroline Angel on the Motion of Councillors D Hayes and P Funnell.

CARRIED

LEAVE OF ABSENCE

19/097 RESOLVED:

On the Motion of Councillors V Keenan and K Pascoe

That a leave of absence for Councillor R Kendall be granted from 1 June to 30 June 2019 (inclusive).

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 25 MARCH 2019

19/098 RESOLVED:

On the Motion of Councillors D Hayes and K Pascoe

That the Minutes of the proceedings of the Ordinary Council Meeting held on 25 March 2019 be confirmed as a true and accurate record.

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

Declarations Of Interest

Janice Summerhayes declared a Non-Significant, Non-Pecuniary Interest in RP-1 - DA17/0572 for 9 Lot Subdivision at Genista Place, Springvale NSW 2650 the reason being that she lives in a neighbouring suburb and remained in the chamber during its consideration.

Councillor R Kendall declared a Significant, Non-Pecuniary Interest in CONF-2 RFT2019-29 ROAD REHABILITATION MUNDOWY LANE, LOCKHART RD & OLD NARRANDERA RD the reason being that a Director of one of the tenderers is a business associate and vacated the chamber during its consideration.

Councillor P Funnell declared a Significant, Non-Pecuniary Interest in CONF-2 RFT2019-29 ROAD REHABILITATION MUNDOWY LANE, LOCKHART ROAD & OLD NARRANDERA ROAD the reason being that he lives on Mundowy Lane and vacated the chamber during its consideration.

Councillor P Funnell declared a Significant, Non-Pecuniary Interest in RP-2 DA17/0691 - Childcare Centre at 24 Higgins Avenue, Wagga Wagga, Lot 10 DP225843 the reason being that he has engaged the services of the designer for renovations at his property and vacated in the chamber during its consideration.

Councillor V Keenan declared a Non-Significant, Non-Pecuniary Interest in RP-1 DA17/0572 for 9 Lot Subdivision at Genista Place, Springvale NSW 2650 the reason being that one of the Directors of the applicants was her accountant approximately 5 years ago and remained in the chamber during its consideration.

Councillor K Pascoe declared a Non-Significant, Non-Pecuniary Interest in RP-2 DA17/0691 - Childcare Centre at 24 Higgins Avenue, Wagga Wagga, Lot 10 DP225843 the reason being that he is a builder for a block owned by his daughter in law opposite the proposed development and vacated the chamber during its consideration.

Councillor K Pascoe vacated the chamber, the time being 6:05pm.

Councillor P Funnell vacated the chamber, the time being 6:05pm.

PUBLIC DISCUSSION FORUM

RP-2 DA17/0691 - Childcare Centre at 24 Higgins Avenue, Wagga Wagga, Lot 10 DP225843.

· Mr Louis Berrigan - Speaking against the report

· Mr Glenn Sewell, Sewell Design – Speaking in favour of the report

Councillor P Funnell re-entered the chamber, the time being 6:20pm.

Councillor K Pascoe re-entered the chamber, the time being 6:20pm.

M-2 TRAFFIC COMMITTEE MEETING MINUTES 14 MARCH 2019

· Steven Keene, Murrumbidgee Turf Club – Speaking in favour of the report

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

19/099 RESOLVED:

On the Motion of Councillors T Koschel and D Hayes

That Council bring forward consideration of the following reports to follow Public Discussion Forum:

· RP-2 DA17/0691 - Childcare Centre at 24 Higgins Avenue, Wagga Wagga, Lot 10 DP225843

· M-2 TRAFFIC COMMITTEE MEETING MINUTES 14 MARCH 2019

RP-2 DA17/0691 - Childcare Centre at 24 Higgins Avenue, Wagga Wagga, Lot 10 DP225843

Councillor K Pascoe declared a Non-Significant, Non-Pecuniary interest and vacated the chamber, the time being 6:26pm.

Councillor P Funnell declared a Significant, Non-Pecuniary Interest and vacated the chamber, the time being 6.26pm

19/100 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council approve DA17/0691 for a child care centre at Lot 10 in DP225843, 24 Higgins Avenue, Wagga Wagga NSW 2650 subject to conditions outlined in the Section 4.15 assessment report for DA17/0691.

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
D Hayes
V Keenan
R Kendall
T Koschel
D Tout

Councillor K Pascoe re-entered the chamber, the time being 6:34pm.

Councillor P Funnell re-entered the chamber, the time being 6:34pm.

M-2 TRAFFIC COMMITTEE - 14 MARCH 2019

A Motion was moved by Councillors D Hayes and R Kendall

That Council:

a receive the minutes of the Traffic Committee Meeting held on 14 March 2019

b endorse the recommendations of the Traffic Committee

c approve the budget variations included in this report

An AMENDMENT was moved by Councillors P Funnell and Y Braid

That Council defer consideration TRAFFIC COMMITTEE - 14 MARCH 2019 until the 29 April 2019 Ordinary Council meeting.

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

The Amendment on being put to the meeting was LOST.

19/101 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council:

a receive the minutes of the Traffic Committee Meeting held on 14 March 2019

b endorse the recommendations of the Traffic Committee

c approve the budget variations included in this report

d receive further clarification from the General Manager in relation to the quorum of this Committee

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

NOTICES OF MOTIONS OF RESCISSION

NOR-1 NOTICE OF RESCISSION - WAGGA WAGGA CITY COUNCIL CRIME PREVENTION WORKING GROUP

19/102 RESOLVED:

On the Motion of Councillors T Koschel and P Funnell

That Council:

a rescind Resolution No. 19/086 Wagga Wagga City Council Crime Prevention Group, which reads as follows:

That Council:

a establish a Wagga Wagga City Council Crime Prevention Working Group

b endorse the Wagga Wagga City Council Crime Prevention Working Group Terms of Reference as tabled with this report

c invite the identified stakeholders outlined in the Terms of Reference document with the following additions to join as members to the Wagga Wagga City Council Crime Prevention Working Group

i two additional community representatives with at least one under the age of 25 at the date of application

ii three Councillors in addition to the Mayor

d advertise an expression of interest process to appoint the community members on to the Wagga Wagga City Council Crime Prevention Working Group

b establish a Wagga Wagga City Council Crime Prevention Working Group

c endorse the Wagga Wagga City Council Crime Prevention Working Group Terms of Reference provided under separate cover with the following amendments to the voting members:

i two additional community representatives with at least one being under the age of 25 at the date of application

ii three Councillors in addition to the Mayor

iii one representative from Neighbourhood Watch

d invite the identified stakeholders outlined in the Terms of Reference document and above to join as members to the Wagga Wagga City Council Crime Prevention Working Group

e advertise an expression of interest process to appoint the community members

RECORD OF VOTING ON THE MOTION

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

PROCEDURAL MOTION - ENGLOBO

19/103 RESOLVED:

On the Motion of Councillors R Kendall and D Hayes

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

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

That RP-1, RP-3, RP-5 and CONF-1 be adopted as recommended in the business papers.

Reports from Staff

RP-1 DA17/0572 for 9 Lot Subdivision at Genista Place, Springvale NSW 2650

19/104 RESOLVED:

On the Motion of Councillors R Kendall and D Hayes

That Council approve DA17/0572 for 9 Lot Subdivision at Genista Place, Springvale NSW 2650 subject to conditions outlined in the Section 4.15 assessment report for DA17/0572 including a deferred commencement condition requiring Council and the developer to execute the ‘Genista Place Planning Agreement’ and including any amendments detailed in the recommendations contained in this report.

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
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

RP-2 DA17/0691 - Childcare Centre at 24 Higgins Avenue, Wagga Wagga, Lot 10 DP225843 was moved forward for the public discussion forum.

RP-3 Evocities extension of MOU

19/105 RESOLVED:

On the Motion of Councillors R Kendall and D Hayes

That Council:

a “sit out” the current program for the 2019/20 Evocities campaign and investigate how we might monitor the actual benefit of the campaign to regional cities

b authorise the General Manager to write to the Steering Committee informing them of Council’s approach

c continue the budget allocation that would have been for Evocities for targeting businesses to relocate to Wagga Wagga highlighting the opportunities for growth and expansion

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 RIVERSIDE STAGE 2 - CONCEPT PLAN

19/106 RESOLVED:

On the Motion of Councillors D Hayes and V Keenan

That Council:

a receive the Riverside Stage 2 Concept Plan

b undertake community and stakeholder engagement on the Riverside Stage 2 Concept Plan from 10 April 2019 to 1 June 2019

c receive a further report following the engagement process:

i addressing the feedback received in respect to the Riverside Stage 2 Concept Plan

ii proposing adoption of the Riverside Stage 2 Concept Plan unless there are any recommended amendments deemed to be substantial that may require further community and stakeholder engagement

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-5 Wagga Wagga Local Infrastructure Contributions Plan 2019 - 2034

19/107 RESOLVED:

On the Motion of Councillors R Kendall and D Hayes

That Council:

a notes that the stakeholder engagement process and public submissions received have been utilised to develop the draft Wagga Wagga Local Infrastructure Contributions Plan 2019 – 2034

b adopts the draft Wagga Wagga Local Infrastructure Contributions Plan 2019 – 2034

c notes that the document will be designed to ensure it’s reflective of Wagga Wagga and surrounds, and the maps will be reformatted during this design stage

d authorise the General Manager or their delegate to make minor amendments to the Wagga Wagga Local Infrastructure Contributions Plan 2019 – 2034 provided that where amendments need to occur that change the intent, impact on the stakeholders or result in a conflict with other strategic documents, the proposed changes are to be reported to Council and placed on public exhibition prior to being implemented

e authorise the General Manager or their delegate to send a copy of the Wagga Wagga Local Infrastructure Contributions Plan 2019 – 2034 to the Minister as soon as practicable, in accordance with Section 7.18(4) of the Environmental Planning and Assessment Act 1979

f repeal the City of Wagga Wagga Section 94 Contributions Plan 2006 – 2019 and the City of Wagga Wagga S94A Levy Contributions Plan 2006

g notes that an advertisement will be paced in the local newspaper to advise the community that the Wagga Wagga Local Infrastructure Contributions Plan 2019 – 2034 will take effect from 1 July 2019 in accordance with Section 31 of the Environmental Planning and Assessment Regulation 2000

h update Wagga Wagga City Council’s Long Term Financial Plan with the Wagga Wagga Local Infrastructure Contributions Plan 2019 – 2034

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 REROC MEMBERSHIP

19/108 RESOLVED:

On the Motion of Councillors D Tout and D Hayes

That Council:

a discontinue its membership with the Riverina Eastern Regional Organisation of Councils (REROC) at the end of the 2018/19 Financial Year

b provide written notice to REROC of this decision and thank them for their support over a long period of time

c delegate authority to the Mayor and General Manager to negotiate an exit from REROC

d provide in principle support in becoming a full member of the Riverina Joint Organisation

i delegate authority to the Mayor and General Manager to finalise negotiations with the Riverina Joint Organisation with the intent of becoming a full member

e approve the budget variation/s as detailed in the Financial Implications section of the report

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 Airport Advisory Committee Meeting - 6 February 2019

19/109 RESOLVED:

On the Motion of Councillors P Funnell and D Hayes

That Council receive the minutes of the Airport Advisory Committee Meetings held on 6 February 2019.

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

M-2 TRAFFIC COMMITTEE - 14 MARCH 2019 was moved forward for the public discussion forum.

QUESTIONS/BUSINESS WITH NOTICE

The following Questions/Business with Notice will be addressed in the next available Business paper.

1. Councillor P Funnell received feedback from the community in regards to Wilks Park and its current lack of greenery. He requested that Wilks Park be considered in regards to enhancement of its aesthetics.

2. Councillor P Funnell requested what cost would be incurred to Council for a by-election if a Councillor was to leave prior to the end of term.

3. Councillor D Hayes enquired:

· if youth were specifically asked to contribute to the Bolton Park Master Plan

· are there any plans to improve the intersecting roads onto the roundabout located at the Bunnings Warehouse entry

· are the road signs leading from Tumbarumba Road to the Gregadoo East Road turn off suitable for the amount of traffic and current speed limit

· There is a sign located at Tooles Creek Bridge on Tumbarumba Road that states only one truck at a time allowed (to cross the bridge) and he raised the concern if the bridge is located on a bend could this be a potential obstruction for truck drivers who are making this judgement call

4. Councillor V Keenan asked for the costings involved for Councils defence with the Land and Environment Court for 199 Gurwood street appeal.

5. Councillor K Pascoe raised concerns with the Crooked Creek bridge and its usage by school children. He stated that due to increased traffic and construction works this has pushed the walkway further out, the current walkway is quite narrow and the safety barriers on the bridge need reviewing due to the height of the drop on the other side of the barrier.

6. Councillor T Koschel requested an assessment be conducted for a possible pedestrian crossing to be placed on Lake Street near Lake Albert Public School due to the high volume of vehicles using this street and the school children needing to cross this road during peak times.

7. Councillor D Tout attended the Strum All Ages Gig which was an event organised by youth for the youth of Wagga Wagga. He requested that a letter of congratulations be sent in regards to the success of the event and the positive value of funding put towards the event supplied through Council Grants Program.

closed COUNCIL

19/110 RESOLVED:

On the Motion of Councillors V Keenan and R Kendall

That the Council now resolve itself into a Closed Council, the time being 7.39pm.

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

Confidential Reports

CONF-1 RFT2019-17 CONCRETE WORKS

19/111 RESOLVED:

On the Motion of Councillors R Kendall and D Hayes

That Council:

a accept the offers of Burgess Earthmoving Pty Ltd (ABN:82 002 974 496), Damien Elliott T/a Elliott’s Concreting (ABN:25 270 641 312) and S & K Kenyon Pty Ltd (ABN:61 001 592 909) for the provision of concrete works in the schedule of rates supplied with each submission

b authorises the General Manager or their delegate to enter into a contract with Burgess Earthmoving Pty Ltd (ABN:82 002 974 496), Damien Elliot T/a Elliott’s Concreting (ABN:25 270 641 312) and S & K Kenyon Pty Ltd (ABN:61 001 592 909) for the provision of concrete works

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

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 RFT2019-29 ROAD REHABILITATION MUNDOWY LANE, LOCKHART ROAD & OLD NARRANDERA ROAD

Councillor P Funnell declared a Significant, Non-Pecuniary Interest and vacated the chamber, the time being 7.41pm.

Councillor R Kendall declared a Significant, Non-Pecuniary Interest and vacated the chamber, the time being 7.41pm.

19/112 RESOLVED:

On the Motion of Councillors D Hayes and T Koschel

That Council:

a accept the offer of Stabilised Pavements of Australia (ABN: 90 002 900 736) for the rehabilitation of Mundowy Lane, Lockhart Road and Old Narrandera Road in the lump sum amount of $856,823 + GST

b authorise the General Manager or their delegate to enter into a contract with Stabilised Pavements of Australia (ABN: 90 002 900 736) for the rehabilitation of Mundowy Lane, Lockhart Road and Old Narrandera Road

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

RECORD OF VOTING ON THE MOTION

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

Councillor P Funnell re-entered the chamber, the time being 7:44pm.

Councillor R Kendall re-entered the chamber, the time being 7:45pm.

CONF-3 RFT2019-28 PIPE NETWORK RELOCATION OF RISING MAIN

19/113 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council defer consideration of RFT2019-28 PIPE NETWORK RELOCATION OF RISING MAIN pending further information.

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 Potential Council Event

19/114 RESOLVED:

On the Motion of Councillors D Tout and T Koschel

That Council:

a host a Smart City event in Sydney in the latter part of 2019

b note that the General Manager or their delegate will enter into a contract with a management company to organise the event

c approve the income and expenditure budgets as detailed in the Financial Implications section of the report, noting a forecasted balanced position for Council for the event

d note that the results of the event, including the financial outcomes, will be reported back to Council

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 Farrer Road Gas Pipeline Relocation

19/115 RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council defer consideration of Farrer Road Gas Pipeline Relocation for further clarification.

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

Reversion to open COUNCIL

19/116 RESOLVED:

On the Motion of Councillors D Hayes and T Koschel

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 8.08pm

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 8.10pm.

…………………………………………………..

MAYOR