Minutes of Ordinary Meeting of Council - 29 April 2019

Minutes of the Ordinary Meeting of Council held on Monday 29 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

General Manager (Mr P Thompson)

Director Finance (Mrs N Te Pohe)

Director Community (Mrs J Summerhayes)

Director Commercial Operations (Ms C Angel)

Manager Audit, Risk & Governance (Ms I Hensley)

Manager Finance (Mrs C Rodney)

Manager Community Services (Ms M Scully)

Manager City Strategy (Mr T Kell)

Manager Procurement Services (Mr D Butterfield)

Manager Operations (Mr S Otieno)

Manager Project Delivery (Mr R Shah)

Manager Technical & Strategy (Mr P Ross)

Manager City Development (Mr P O’Brien)

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

Visitor Economy & Events Coordinator (Mrs F Hamilton)

Senior Project Manager (Mr S Darby)

Product Development Officer (Mr M Holt)

Senior Town Planner (Mr S Robins)

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.

An apology for non-attendance was received and accepted for Councillors on the Motion of Councillors

CONFIRMATION OF MINUTES

CM-1 ORDINARY COUNCIL MEETING - 8 APRIL 2019

19/117 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That the Minutes of the proceedings of the Ordinary Council Meeting held on 8 April 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

Councillor P Funnell declared a Significant, Non-Pecuniary Interest in RP-1 DA18/0284 - 43 ROOM 4 STOREY HOTEL, 81-83 FORSYTH STREET, WAGGA WAGGA, LOT 6 DP 655783 AND LOT 1 DP 936571 the reason being that he has personally contracted the same designer of the hotel and remained in the chamber during its consideration.

Councillor R Kendall declared a Non-Significant, Non-Pecuniary Interest in RP- 1 DA18/0284 - 43 ROOM 4 STOREY HOTEL, 81-83 FORSYTH STREET, WAGGA WAGGA, LOT 6 DP 655783 AND LOT 1 DP 936571 the reason being he is the chairperson of the Leisure Company who were previous tenants of this building and remained in the chamber during its consideration.

Councillor R Kendall declared a Pecuniary Interest in RP- 12 Airport Fees and Charges the reason being that he owns an aircraft and will incur fees and charges at the Wagga Wagga Airport and vacated the chamber during its consideration.

Councillor K Pascoe declared a Pecuniary Interest in RP- 1 DA18/0284 - 43 ROOM 4 STOREY HOTEL, 81-83 FORSYTH STREET, WAGGA WAGGA, LOT 6 DP 655783 AND LOT 1 DP 936571 the reason being that he owns a premises in the same industry and vacated chamber during its consideration.

Councillor K Pascoe declared a Significant, Non-Pecuniary Interest in CONF-5 Event Sponorship the reason being that he is a member of the Wollundry Rotary Club and vacated chamber during its consideration.

The Mayor, Councillor G Conkey declared a Significant, Non-Pecuniary Interest in CONF-5 Event Sponorship the reason being that he is a member of the Wollundry Rotary Club and vacated chamber during its consideration.

Declarations

Councillor Y Braid made a declaration in relation to RP- 1 DA18/0284 - 43 ROOM 4 STOREY HOTEL, 81-83 FORSYTH STREET, WAGGA WAGGA, LOT 6 DP 655783 AND LOT 1 DP 936571 the reason being that she has met with members of the Berrigan family over the past 6 weeks.

Councillor P Funnell made a declaration in relation RP- 1 DA18/0284 - 43 ROOM 4 STOREY HOTEL, 81-83 FORSYTH STREET, WAGGA WAGGA, LOT 6 DP 655783 AND LOT 1 DP 936571 the reason being that he has held discussions with Basil Berrigan and Joel Berrigan.

Councillor T Koschel made a declaration in relation RP- 1 DA18/0284 - 43 ROOM 4 STOREY HOTEL, 81-83 FORSYTH STREET, WAGGA WAGGA, LOT 6 DP 655783 AND LOT 1 DP 936571 the reason being he has attended a meeting with Joel Berrigan and held phone discussions with Basil Berrigan.

The Mayor, Councillor G Conkey made a declaration in relation RP- 1 DA18/0284 - 43 ROOM 4 STOREY HOTEL, 81-83 FORSYTH STREET, WAGGA WAGGA, LOT 6 DP 655783 AND LOT 1 DP 936571 the reason being that he has attended meetings with Basil Berrigan, Daryl Forbes-Taylor and Garry Salvestro.

Councillor D Tout made a declaration in relation RP- 1 DA18/0284 - 43 ROOM 4 STOREY HOTEL, 81-83 FORSYTH STREET, WAGGA WAGGA, LOT 6 DP 655783 AND LOT 1 DP 936571 the reason being that he received a phone call from Basil Berrigan.

Councillor K Pascoe made a declaration in relation RP- 1 DA18/0284 - 43 ROOM 4 STOREY HOTEL, 81-83 FORSYTH STREET, WAGGA WAGGA, LOT 6 DP 655783 AND LOT 1 DP 936571 the reason being that he has had discussions with the Berrigan family members.

Councillor V Keenan made a declaration in relation RP-1- DA18/0284 - 43 ROOM 4 STOREY HOTEL, 81-83 FORSYTH STREET, WAGGA WAGGA, LOT 6 DP 655783 AND LOT 1 DP 936571 the reason being she has attended meetings with the proponent, objectors and Gary Salvestro during which Council staff were present.

Councillor D Hayes made a declaration in relation RP-1 DA18/0284 - 43 ROOM 4 STOREY HOTEL, 81-83 FORSYTH STREET, WAGGA WAGGA, LOT 6 DP 655783 AND LOT 1 DP 936571 the reason being he has attended a meeting with the proponent.

Councillor R Kendall made a declaration in relation RP-1 DA18/0284 - 43 ROOM 4 STOREY HOTEL, 81-83 FORSYTH STREET, WAGGA WAGGA, LOT 6 DP 655783 AND LOT 1 DP 936571 the reason being he was contacted by the proponent and several objectors.

Councillor K Pascoe vacated the chamber, the time being 6:09pm.

PUBLIC DISCUSSION FORUM

RP-1 DA18/0284 - 43 ROOM 4 STOREY HOTEL, 81-83 FORSYTH STREET, WAGGA WAGGA, LOT 6 DP 655783 AND LOT 1 DP 936571

· Mr Garry Salvestro, Salvestro Planning – speaking against the report

· Mr Louis Berrigan – speaking against the report

· Mr Mark Churcher – speaking in favour of the report

· Mr Joel Berrigan – speaking in favour of the report

Councillor K Pascoe re-entered the chamber, the time being 6:44pm.

RP-9 PADDY OSBORNE PARK TARCUTTA - PROPOSED DEVELOPMENT

· Alan Brown – Speaking in favour of the report

PROCEDURAL MOTION – CHANGE OF STANDING ORDERS

19/118 RESOLVED:

On the Motion of Councillors R Kendall and D Hayes

That Council bring forward consideration of the following reports to follow the public discussion forum:

· RP-1 DA18/0284 - 43 ROOM 4 STOREY HOTEL, 81-83 FORSYTH STREET, WAGGA WAGGA, LOT 6 DP 655783 AND LOT 1 DP 936571

· RP-9 PADDY OSBORNE PARK TARCUTTA - PROPOSED DEVELOPMENT

RP-1 DA18/0284 - 43 ROOM 4 STOREY HOTEL, 81-83 FORSYTH STREET, WAGGA WAGGA, LOT 6 DP 655783 AND LOT 1 DP 936571

Councillor K Pascoe declared a Pecuniary Interest and vacated the chamber, the time being 6:47pm.

19/119 RESOLVED:

On the Motion of Councillors T Koschel and D Hayes

That Council approve DA18/0284 for a 43 room 4 storey Hotel at 81-83 Forsyth Street, Wagga Wagga, NSW 2650 subject to conditions outlined in the Section 4.15 assessment report.

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

Division

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

Councillor K Pascoe re-entered the chamber, the time being 7:20pm.

RP-9 PADDY OSBORNE PARK TARCUTTA - PROPOSED DEVELOPMENT

19/120 RESOLVED:

On the Motion of Councillors P Funnell and D Hayes

That Council:

a endorse the development of a multi-purpose shelter within Paddy Osborne Park at Tarcutta

b endorse staff providing assistance in the planning and the seeking of grant funding for the project

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

MAYORAL MINUTE

MM-1 MAYORAL MINUTE – FAIRER SHARE CAMPAIGN

19/121 RESOLVED:

On the Motion of The Mayor, Councillor G Conkey OAM

That the Council:

a acknowledges the importance of federal funding through the Financial Assistance Grants program for the continued delivery of council services and infrastructure

b expresses its concern about the decline in the value of Financial Assistance Grants funding at the national level from an amount equal to around 1% of Commonwealth Taxation Revenue in 1996 to a current figure of around 0.55%

c calls on all political parties contesting the 2019 Federal Election and their local candidates to support the Australian Local Government Association’s call to restore the national value of Financial Assistance Grants funding to an amount equal to at least 1 % of Commonwealth Taxation revenue and therefore to provide a Fairer Share of Federal funding for our local communities

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

PROCEDURAL MOTION - ENGLOBO

19/122 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

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-2, RP-3, RP-6, RP-7, RP-10, RP-11, RP-13, RP-14, CONF-1, CONF-3, CONF-4, be adopted as recommended in the business papers

Reports from Staff

RP-1 DA18/0284 - 43 ROOM 4 STOREY HOTEL, 81-83 FORSYTH STREET, WAGGA WAGGA, LOT 6 DP 655783 AND LOT 1 DP 936571 was moved forward for the Public Discussion Forum.

RP-2 Planning Proposal LEP18/0001 to amend the Wagga Wagga Local Environmental Plan 2010 - Temporary Promotional Banners or Flags

19/123 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

a support the submission of a planning proposal to amend the Wagga Wagga Local Environmental Plan 2010

b submit a planning proposal to the Department of Planning and Environment for Gateway Determination

c receive a further report after receiving the Gateway Determination from the Department of Planning and Environment, and the subsequent public exhibition period

i addressing any submissions made in respect of the planning proposal

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

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-3 Proposed Amendment 15 of the Wagga Wagga Development Control Plan 2010 - Advertising signage in rural areas relating to major recreation facilities

19/124 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

a note that no submissions were received during the exhibition period for Amendment 15 to the Wagga Wagga Development Control Plan 2010

b adopt Amendment 15 to the Wagga Wagga Development Control Plan 2010

c notify the Amendment in the local newspaper with the Amendment coming into force on the date it is notified

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 Financial Performance Report as at 31 March 2019

19/125 RESOLVED:

On the Motion of Councillors R Kendall and P Funnell

That Council:

a approve the proposed 2018/19 budget variations for the month ended 31 March 2019 and note the balanced budget position as presented in this report with the modification to the funding source for the Wagga Junior State Cup Touch Carnival – Traffic Control to be amended to the Community Works Reserve for the $17K, and $10K from NSW Touch contribution and $12K Parks and Recreation operational savings

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

c note details of the external investments as at 31 March 2019 in accordance with section 625 of the Local Government Act 1993

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 Draft Code of Meeting Practice

19/126 RESOLVED:

On the Motion of Councillors D Tout and P Funnell

That Council:

a endorse the draft Code of Meeting Practice that is to be placed on public exhibition for a period of 28 days from 30 April 2019 to 27 May and invite public submissions until 10 June 2019 on the draft Code of Meeting Practice

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

i addressing any submission made in respect of the Draft Code of Meeting Practice and to be presented at the 11 June 2019 Ordinary Council Meeting

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

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 Model Code of Conduct and Administrative Procedures

19/127 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

a endorse the draft Code of Conduct and draft Administrative Procedures for the Code of Conduct, that is to be placed on public exhibition for a period of 28 days from 30 April 2019 to 27 May and invite public submissions until 27 May on the draft Code of Conduct and Administrative Procedures

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

i addressing any submission made in respect of the draft Code of Conduct and draft Administrative Procedures for the Code of Conduct

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

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-7 Integrated Planning and Reporting - Draft Long Term Financial Plan 2020/29 and Combined Delivery Program and Operational Plan 2019/20

19/128 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

a place the following documents on public exhibition for 28 days commencing 30 April 2019 and concluding on 28 May 2019:

i draft Combined Delivery Program and Operational Plan 2019/20

ii draft Fees and Charges for the financial year 2019/20

iii draft Long Term Financial Plan 2020/29

b invite submissions from the community in relation to these documents throughout the exhibition period

c receive a further report after the public exhibition period

i addressing any submissions made in respect of the draft documents

ii proposing adoption of the draft Combined Delivery Program and Operational Plan 2019/20, draft Fees and Charges 2019/20 and the draft Long Term Financial Plan 2020/29 unless there are any recommended amendments deemed to be substantial and requiring a further public exhibition period

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 Petition - Parking Spaces in Parkhurst Street

19/129 RESOLVED:

On the Motion of Councillors R Kendall and D Tout

That Council:

a receive and note the petition

b undertakes a consultation with the Department of Education, Roads Maritime Services and schools in relation to issues that have arisen at schools generally in regards to before and after school drop off

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 PADDY OSBORNE PARK TARCUTTA - PROPOSED DEVELOPMENT was moved forward for the Public Discussion Forum.

RP-10 BOMEN SOLAR FARM - EOI FOR LEASING

19/130 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

a decline all offers for leasing of 211 East Bomen Road, Bomen (Lot 22 DP 1085826) & 274 East Bomen Road, Bomen (Lot 22 DP 1128492) for solar farming purposes

b reconsider the options for 211 East Bomen Road, Bomen (Lot 22 DP 1085826) & 274 East Bomen Road, Bomen (Lot 22 DP 1128492) subsequent to the finalisation of the Special Activation Precinct

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-11 MLHD Excellence Awards Sponsorship

19/131 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

a support the Murrumbidgee Local Health District by sponsoring a Diversity Award as part of the annual Excellence Awards event

b note that the $1,500 sponsorship can be sourced from current operational budgets

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-12 Airport Fees and Charges

Councillor R Kendall declared a Pecuniary Interest and vacated the chamber, the time being 8:01pm.

19/132 RESOLVED:

On the Motion of Councillors T Koschel and D Hayes

That Council:

a note there were no public submissions received during the exhibition period for the Airport Fees and Charges

b adopt the Airport Fees and Charges for the 2019/20 financial year

RECORD OF VOTING ON THE MOTION

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

Councillor R Kendall re-entered the chamber, the time being 8:01pm.

RP-13 POL 075 - Investment Policy

19/133 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

a note that there were no public submissions received during the exhibition period the draft POL 075 Investment Policy

b adopt the amended POL 075 – Investment Policy

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 Temporary Event Signage

19/134 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

a endorse the signage design and the eight permanent locations as outlined in this report

b endorse the draft Temporary Event Signage Policy, that is to be placed on public exhibition for a period of 28 days from 01 May 2019 inviting public submissions until 29 May 2019 on the draft Policy

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

i addressing any submissions made in respect of the proposed Temporary Event Signage Policy

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

d endorse the budget variation as outlined in the Financial Implications section of this 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

RP-15 Response to Questions/Business with Notice

19/135 RESOLVED:

On the Motion of Councillors D Hayes and V Keenan

That Council receive and note 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 SISTER CITY COMMUNITY COMMITTEE MINUTES - 28 MARCH 2019

19/136 RESOLVED:

On the Motion of Councillors D Hayes and T Koschel

That Council receive the minutes of the Sister City Community Committee Meeting held on 28 March 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

QUESTIONS/BUSINESS WITH NOTICE

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

1. Councillor P Funnell requested a review of the southern end of Mundowy Lane, located near the narrow bridge as the trees are becoming a safety concern for vehicle visibility due to the excessive growth.

2. Councillor D Hayes requested if there are any future plans for the Coleman Street and Macleay Street intersection due to local school zones, for example a possible roundabout.

3. Councillor R Kendall raised that numerous rate payers have concerns with the tree pruning around power lines. It was requested that discussions be held with the infrastructure owner and Council to look at how to regulate the structural integrity of the trees for the future.

4. Councillor T Koschel had residents of Henwood Avenue express concerns with the cars parked on both sides of road on the crest located near the Red Hill Road intersection and the limited space this leaves for passing vehicles and requested that Council investigate this matter.

5. Councillor T Koschel mentioned Wagga Wagga has an exciting weekend ahead with the Wagga Gold Cup Race and the NRL Canberra Raiders game held in the city.

6. Councillor D Tout and the Mayor, Councillor G Conkey thanked the Council staff for assisting with the Candlelight Vigil for the local Sri Lankan community and thanked the people of Wagga who attended to show their support.

closed COUNCIL

19/137 RESOLVED:

On the Motion of Councillors T Koschel and D Hayes

That the Council now resolve itself into a Closed Council, the time being 8.16pm

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

CONFIDENTIAL REPORTS

CONF-1 RFT2018-16 PROVISION OF TRADE SERVICES (REFRESH)

19/138 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

a accept the tender of

i 000 Plumbing Services Australia Pty Ltd (ABN 62 619 896 829)

ii DANDM 2016 Pty Ltd trading as D&M Electrical Communications (ABN 76 613 547 130)

iii Inland Power Solutions (ABN 15 603 034 297)

iv Joshua Mark McKenzie (ABN 71 199 185 769)

iv Macarthur Gas Pty Ltd (ABN 21 003 879 392)

for the provision of Trade Services

b authorise the General Manager or their delegate to enter into a Contract with entities nominated in “a” above for the provision of Trade Service until 31 March 2020

c authorise the General Manager or their delegate to extend the Contract for two 12-month periods at the sole discretion of Council

d authorise 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 RFT2019-19 REMOVAL AND PROCESSING OF BIOSOLIDS

19/139 RESOLVED:

On the Motion of Councillors R Kendall and D Hayes

That Council:

a in accordance with clause 178(1)(b) of the Local Government (General) Regulation 2005 (LG Regulation), decline to accept any of the tenders submitted in response to RFT2019-19 Removal and Processing of Biosolids

b in accordance with Clause 178(3)(a) of the Local Government (General) Regulation 2005 (LG Regulations), cancel the proposal for the contract

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

d receive a report in relation to the issues raised during the meeting regarding PFAS and Council assets generally

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 RFT2019-23 BANKING AND BILL PAYMENT SERVICES

19/140 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

a accept the offer of the Commonwealth Bank of Australia (ABN: 48 123 123 124) for Banking and Bill Payment Services

b authorise the General Manager or their delegate to enter into a contract with the Commonwealth Bank of Australia (ABN: 48 123 123 124) for Banking and Bill Payment Services for a contract period of 5 years with a further option to extend the contract for two x 12-month periods at the sole discretion of Council

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-4 RFT2019-28 PIPE NETWORK RELOCATION OF RISING MAIN

19/141 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

a accept the alternate offer of MMA Civil Contractors (ABN: 23 086 673 136) for the Pipe Network Relocation of Rising Main works in the lump sum amount of $942,450.00 (ex-GST)

b authorise the General Manager or their delegate to enter into a contract with MMA Civil Contractors (ABN: 23 086 673 136) for the Pipe Network Relocation of Rising Main works

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

d approve the budget variation 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

CONF-5 Event Sponorship

Councillor G Conkey OAM declared a Pecuniary Interest and vacated the chair and the chamber, the time being 8:35pm.

Councillor K Pascoe declared a Pecuniary Interest and vacated the chamber, the time being 8:35pm.

Deputy Mayor, Councillor D Tout assumed the chair the time being 8.35pm.

19/142 RESOLVED:

On the Motion of Councillors R Kendall and P Funnell

That Council approve option one as detailed in the report and authorise the General Manager or their delegate to enter into an agreement to sponsor Wollundry Rotary’s Gears and Beers 2019 event.

RECORD OF VOTING ON THE MOTION

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

Deputy Mayor, Councillor D Tout vacated the chair, the time being 8.38pm

Councillor G Conkey OAM re-entered the chamber and assumed the chair, the time being 8:38pm.

Councillor K Pascoe re-entered the chamber, the time being 8:38pm.

CONF-6 EXPRESSION OF INTEREST - CIVIC CENTRE & RIVERSIDE FOOD VENUES

19/143 RESOLVED:

On the Motion of Councillors R Kendall and P Funnell

That Council:

a advertise the Civic Centre food venue and Riverside food venues for lease via an Expression of Interest process

b endorse the selection criteria identified in the body of this report

c receive a further report at the conclusion of the Expression of Interest process

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-7 Loan Facility - Refinancing of Existing Loans

19/144 RESOLVED:

On the Motion of Councillors D Hayes and P Funnell

That Council:

a authorise the General Manager or their delegate to enter into a Loan Facility with the Commonwealth Bank of Australia for up to $2,400,000 to fund the projects identified as part of option 1, tranche 1 in the body of the report

b authorise the General Manager or their delegate to enter into a Loan Facility with the Commonwealth Bank of Australia for up to $11,200,000 to fund the projects identified as part of option 1, tranche 2 in the body of the report

c authorise the General Manager or their delegate to approve the payout of the existing loan facilities as identified in the body of the report

d authorise the affixing of Council’s Common Seal to all necessary 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-8 Farrer Road Gas Pipeline Relocation

19/145 RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council in accordance with s55(3)(i) of the Local Government Act 1993, not invite tenders for a proposed relocation of the Farrer Road gas pipeline and:

i note the reason for not a calling tenders is on the basis that Council is satisfied that inviting tenders would not achieve a satisfactory result due to the unavailability of competitive tenderers given APT O&M Services Pty Ltd (ABN: 11 112 358 586) (APA Group) has been appointed by Australian Gas Networks to operate and manage these gas network assets on their behalf

ii authorise the General Manager to enter into a contract for the relocation of the gas pipeline in Farrer Road, Boorooma with APT O&M Services Pty Ltd (ABN: 11 112 358 586) (APA Group) for the estimated amount of $2,192,442.72 + GST noting that invoices will be paid to Australian Gas Networks (Vic) Pty Ltd (ABN: 73 085 899 001)

iii note that neither Australian Gas Networks nor the APA Group will provide performance guarantees for the works

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

19/146 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 9.24pm

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 9.27pm.

…………………………………………………..

MAYOR