Minutes of the Ordinary Meeting of Council held on Monday 12 August 2019.

Present

The Mayor, Councillor Greg Conkey OAM

Councillor Yvonne Braid OAM

Councillor Paul Funnell

Councillor Dan Hayes

Councillor Vanessa Keenan

Councillor Rod Kendall

Councillor Tim Koschel

Councillor Kerry Pascoe

Councillor Dallas Tout

In Attendance

General Manager                                                                    (Mr P Thompson)

Director Corporate Services                                                  (Mrs N Te Pohe)

Acting Director Community                                                   (Mr M Gardiner)

Director Commercial Operations                                          (Ms C Angel)

Manager Audit, Risk & Governance                                    (Ms I Hensley)

Manager Information & Customer Service                         (Mr M Schmid)

Manager Community Services                                             (Ms M Scully)

Manager City Strategy                                                            (Mr T Kell)

Manager Technical & Strategy                                              (Mr P Ross)

Manager Council Business                                                   (Mr D Woods)

Cultural Officer                                                                        (Mr T Kurylowicz)

ICT Support Officer                                                                 (Mr S Ayliffe)

Visitor Economy & Events Coordinator                               (Mrs F Hamilton)

Land and Real Property Coordinator                                   (Mrs D Wright)

Project Coordinator                                                                 (Mr A Inglis)

Corporate Governance Coordinator                                    (Mrs N Johnson)

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

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

Apologies for non-attendance was received and accepted for Mrs Janice Summerhayes, Director Community, Mr Michael Keys, Director Regional Activation on the Motion of Councillors R Kendall and V Keenan.

CARRIED

CONFIRMATION OF MINUTES

CM-1         Ordinary Council Meeting - 22 July 2019

19/269       RESOLVED:

On the Motion of Councillors D Hayes and K Pascoe

That the Minutes of the proceedings of the Ordinary Council Meeting held on 22 July 2019 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
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

Declarations Of Interest

Councillor T Koschel declared a Non-Significant, Non-Pecuniary Interest in RP-3 POTENTIAL FOR THE DEVELOPMENT OF A PRIMITIVE CAMPING GROUND AT LAKE ALBERT the reason being that The Wagga Wagga Boat Club and Wagga Wagga Country Club are both customers of his outside of Council and vacated the chamber during its consideration.

Councillor T Koschel declared a Non-Significant, Non-Pecuniary Interest in RP-7 MOBILE FOOD VENDOR - TRADING IN PUBLIC PLACES (PARKS AND RESERVES) Policy the reason being that Food vans are a direct competitor to customers he looks after outside of Council and vacated the chamber during its consideration.

Councillor P Funnell declared a Non-Significant, Non-Pecuniary Interest in RP-1 EUBERTA RECREATION GROUND BORE AND IRRIGATION the reason being that he has done work with this group and been involved in the concept development and remained in the chamber during its consideration.

Councillor D Tout declared a Non-Significant, Non-Pecuniary Interest in M-1 SISTER CITY COMMUNITY COMMITTEE - MINUTES - 4 JULY 2019 the reason being that he has a conflict of Interest with a member of the Committee and vacated the chamber during its consideration.

The Mayor, Councillor Conkey OAM declared a Non-Significant, Non-Pecuniary Interest in NOM-1 NOTICE OF MOTION - ACTIVATION OF CBD THROUGH RESIDENTIAL ACCOMMODATION the reason being that his family members own a Fitzmaurice Street Business and remained in the chamber during its consideration.

PROCEDURAL MOTION - ENGLOBO

19/270       RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

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, RP-5, RP-9, M-2, CONF-1 to CONF-3 and CONF-7 be adopted as recommended in the business papers.

CARRIED

MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

NOM-1      NOTICE OF MOTION - ACTIVATION OF CBD THROUGH RESIDENTIAL ACCOMMODATION

19/271       RESOLVED:

On the Motion of Councillors P Funnell and D Hayes

That Council receive a report that investigates allowing residential accommodation within the core of the CBD and outlines:

a       use of both upstairs and downstairs for accommodation

b       what changes are required to Council planning provisions

c       appetite and opportunities to restore original verandas where requested

d       timeframe for achieving amendments to our planning/zoning rules

e       timeframe for implementation

CARRIED

RECORD OF VOTING ON THE MOTION

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

NOM-2      NOTICE OF MOTION - VOTE OF NO CONFIDENCE IN THE MAYOR

A Motion was moved by Councillors P Funnell and Y Braid OAM

That Council conduct a vote of no confidence in The Mayor, Councillor Greg Conkey.

The Motion on being put to the meeting was LOST.

RECORD OF VOTING ON THE MOTION

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

NOM-3      NOTICE OF MOTION - ADVOCACY PLAN

19/272       RESOLVED:

On the Motion of Councillors V Keenan and D Hayes

That Council receive a report at a October 2019 Council Meeting which outlines a draft advocacy plan that when adopted is reviewed annually in-line with Council’s Integrated Planning & Reporting (IPR) process and updated via Council resolution.

CARRIED

RECORD OF VOTING ON THE MOTION

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

NOM-4      NOTICE OF MOTION - AIRPORT PARKING

19/273       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council receive a report/s on the listed points outlined in the body of the report concerning the Wagga Airport.

CARRIED

RECORD OF VOTING ON THE MOTION

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

REPORTS FROM STAFF

RP-1          EUBERTA RECREATION GROUND BORE AND IRRIGATION

19/274       RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

That Council:

a       in accordance with s55(3)(i) of the Local Government Act 1993, not invite tenders for a proposed project delivery contract for the installation of a ground bore and irrigation.

i      note the reason for not calling tenders is on the grounds that Council is satisfied that inviting tenders would not achieve a satisfactory result due to the unavailability of competitive tenderers as Wagga Wagga Polocrosse Club will provide the project management and undertake the procurement processes associated with the project

ii     authorise the General Manager or their delegate to enter into a contract with the Wagga Wagga Polocrosse Club for the establishment of a ground bore and irrigation at the Euberta Recreation ground in the lump sum amount of $43,425 excluding GST

b       note the Wagga Wagga Polocrosse Club will be responsible for the costs and actions required to obtain the necessary permit and water allocation to use the bore

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

CARRIED

RECORD OF VOTING ON THE MOTION

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

RP-2          Riverside Food Venues EOI

19/275       RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

That Council:

a        note the outcome of the EOI as detailed in the body of this report

b       delegate authority to the General Manager or their delegate to enter into direct negotiations with any person with a view to agreeing lease terms

c       note the reason for declining to advertise a new expression of interest is that this action would not produce a different or more satisfactory outcome

d       note the reason for determining to enter into direct negotiations is that it is expected the Council will achieve the best outcome via direct negotiation

e        receive a further report should lease negotiations be successful

CARRIED

RECORD OF VOTING ON THE MOTION

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

RP-3          POTENTIAL FOR THE DEVELOPMENT OF A PRIMITIVE CAMPING GROUND AT LAKE ALBERT

Councillor T Koschel declared a Non-Significant, Non-Pecuniary Interest and vacated the chamber, the time being 6:39pm.

19/276       RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

That Council:

a       commence the development of a revised Plan of Management for the Apex Park (Lake Albert) reserve

b       consider the possible development of a primitive camping ground, caravan park and other land uses on the crown land bordered by Nelson Drive, Plumpton Road and the Wagga Boat Club during the development of the Plan of Management

c       consider the funding of the development use during the development of the 2020/21 budget process

CARRIED

RECORD OF VOTING ON THE MOTION

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

Councillor T Koschel re-entered the chamber, the time being 6:49pm.

RP-4          OPTIONS FOR FUTURE USE - WAGGA WOMEN'S BOWLING CLUB SITE - KENT CRESCENT, WAGGA WAGGA

19/277       RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

That Council:

a       establish the Wagga Wagga Women’s Bowling Club clubhouse as a bookable space during the 2019/20 financial year

b       endorse the introduction of the fees and charges for use of this clubhouse as bookable space as detailed in the body of the report for 2019/20

c       place the recommended fees and charges on public exhibition for a period of 28 days from 17 August until 9 September 2019 and invite public submissions

d       receive a further report following the public exhibition period:

i         addressing any submission made in respect of the proposed fees and charges

ii        proposing adoption of the fees and charges to come into effect from the date of Council adoption, unless there are any recommended amendments deemed to be substantial and requiring a further public exhibition period

e       receive a further report regarding future use options for the site where identification of funding sources is required, or further authorisation of Council is necessary

CARRIED

RECORD OF VOTING ON THE MOTION

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

RP-5          DEDICATION OF PART OF LOT 1 DP585912, KANSAS DRIVE TOLLAND

19/278       RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

That Council:

a       agree to accept dedication of part of Lot 1 DP 585912 at Kansas Drive, Tolland as a public reserve upon the terms outlined in the body of this report

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

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

CARRIED

RECORD OF VOTING ON THE MOTION

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

RP-6          BOLTON PARK AMENITIES

19/279       RESOLVED:

On the Motion of Councillors D Tout and R Kendall

That Council defer consideration of BOLTON PARK AMENITIES for two weeks.

CARRIED

RECORD OF VOTING ON THE MOTION

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

RP-7          MOBILE FOOD VENDOR - TRADING IN PUBLIC PLACES (PARKS AND RESERVES) Policy

Councillor T Koschel declared a Non-Significant, Non-Pecuniary Interest and vacated the chamber, the time being 6:51pm.

19/280       RESOLVED:

On the Motion of Councillors V Keenan and K Pascoe

That Council:

a       note the final 2019 Mobile Food Vendor trial report

b       extend the Mobile Food Vendor – Trading in Public Places trial to allow approved vendors to operate until 29 February 2020

c       endorse the draft Mobile Food Vendor – Trading in Public Places Policy (MFV) to be placed on public exhibition for a period of 28 days from 13 August 2019 and invite public submissions until 9 September 2019 on the draft Policy

d       endorse the amended Fees and Charges for 2019/20  to be placed on public exhibition for 28 days commencing 13 August 2019 and invite submissions from the community in relation to these fees until 9 September 2019

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

i         addressing any submissions made in respect of the proposed Mobile Food Vendor – Trading in Public Places Policy and the proposed amended Fees and Charges

ii        proposing adoption of the Policy and Fees and Charges should there be no further amendments deemed to be substantial and requiring a further public exhibition period arise during the  public exhibition period

CARRIED

RECORD OF VOTING ON THE MOTION

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

Councillor T Koschel re-entered the chamber, the time being 6:52pm.

RP-8          2019 Local Government NSW Annual Conference - Election of Delegates and Motions

19/281       RESOLVED:

On the Motion of Councillors D Hayes and V Keenan

That Council:

a       endorse that the Mayor and three Councillors attend the Local Government NSW Annual Conference to be held at Warwick Farm from Monday, 14 October to Wednesday 16 October 2019

b       elect three Councillor delegates referred to in (a) above to attend the conference

c       note that Councillors elected to attend the conference will be Council’s voting delegates for any Local Government NSW motions and board elections for the following twelve months

d       endorse submitting motions to the conference as outlined in the report

e       include a motion requesting LGNSW and member Councils advocate for the better ability to manage dilapidated buildings

CARRIED

RECORD OF VOTING ON THE MOTION

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

Councillor V Keenan self-nominated

Councillor R Kendall self-nominated

Councillor Y Braid self-nominated

Councillors V Keenan, R Kendall and Y Braid were duly elected to represent Council at the Local Government NSW Annual Conference to be held at Warwick Farm from Monday, 14 October to Wednesday 16 October 2019.

RP-9          Response to Questions/Business with Notice

19/282       RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

That Council receive and note the report.

CARRIED

RECORD OF VOTING ON THE MOTION

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

COMMITTEE MINUTES

M-1            SISTER CITY COMMUNITY COMMITTEE - MINUTES - 4 JULY 2019

Councillor D Tout declared a Non-Significant, Non-Pecuniary Interest and vacated the chamber, the time being 7:03pm.

19/283       RESOLVED:

On the Motion of Councillors T Koschel and R Kendall

That Council receive the minutes of the Sister City Community Committee Meeting held on 4 July 2019.

CARRIED

RECORD OF VOTING ON THE MOTION

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

Councillor D Tout re-entered the chamber, the time being 7:04pm.

M-2            Floodplain Risk Management Advisory Committee Minutes - 18 June 2019

19/284       RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

That Council receive the minutes of the Floodplain Risk Management Advisory Committee Meeting held on 18 June 2019.

CARRIED

RECORD OF VOTING ON THE MOTION

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

QUESTIONS/BUSINESS WITH NOTICE

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

1. Councillor V Keenan paid her respect and shared her condolences for the passing of Aboriginal Elder, Aunty Flo Grant and acknowledged her significant contribution to the community.

2. Councillor P Funnell stated that community members have raised their concerns regarding the state of the play equipment at the Oura Beach.

3. Councillor P Funnell has requested information via email of any future visions or plans for secure parking areas for B Double/Triples in the area.

PROCEDURAL MOTION – CHANGE OF STANDING ORDERS

19/285       RESOLVED:

On the Motion of Councillor T Koschel and R Kendall

That Council bring forward consideration of CONF-5 NEW YEAR'S EVE to the open session of this council meeting.

CARRIED

CONF-5    NEW YEAR'S EVE

19/286       RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council:

a       deliver a scaled down community fireworks event at the Victory Memorial Gardens within Council’s allocated budget of $50K as detailed in this report

b       endorse, for this event, the suspension of the alcohol free and prohibited alcohol consumption zone between the hours of 3pm, 31 December 2019 to 12am, 1 January 2020, in the area detailed in the attached map

c       allow mobile food vans to operate at the event location for the  duration of the 2019 New Year’s eve event as detailed in this report

CARRIED

RECORD OF VOTING ON THE MOTION

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

closed COUNCIL

19/287       RESOLVED:

On the Motion of Councillors D Hayes and V Keenan

That the Council now resolve itself into a Closed Council, the time being 7.19pm.

CARRIED

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

CONFIDENTIAL REPORTS

CONF-1    CIVIC CENTRE CAFE EXPRESSION OF INTEREST

19/288       RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

That Council:

a       in relation to the Civic Centre Café delegate authority to the general manager or their delegate to enter into a lease agreement with Paul & Stacey Maynard upon the terms outlined in the body of this report for a period of five years with a five year option commencing 18 September 2019

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

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

CARRIED

RECORD OF VOTING ON THE MOTION

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

CONF-2    FARRER ROAD WIDENING - ACQUISITION OF LAND

19/289       RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

That Council:

a       delegate authority to the General Manager or their delegate to acquire part of the land at 26 and 28 Farrer Road, Charles Sturt University (Lot 1 DP 839243 and Lot 463 DP 45469) as outlined in the body of this report

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

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

CARRIED

RECORD OF VOTING ON THE MOTION

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

CONF-3    PROPOSED CAR PARK LICENCE TO MISSION AUSTRALIA

19/290       RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

That Council:

a       delegate authority to the General Manager or their delegate to enter into a licence agreement with Mission Australia for the exclusive use of five additional car spaces within the Council carpark at 36-40 Gurwood Street, Wagga Wagga on the terms outlined in the body of this report

b       delegate authority to the General Manager or their delegate to execute the agreements on behalf of Council

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

CARRIED

RECORD OF VOTING ON THE MOTION

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

CONF-4    Commissioning of Public Artworks for the Multi-Purpose Stadium and Wilga Park

19/291       RESOLVED:

On the Motion of Councillors D Hayes and V Keenan

That Council:

a       accept the application of artist Will Maguire for the Living Spaces Multi Purpose Stadium project 2017/18 commission

b       authorise the General Manager or their delegate to enter into a contract with recommended artist for the Living Spaces 2017/18 Multi Purpose Stadium project commission

c       accept the application of artist John Wood for the Living Spaces 2018/19 Wilga Park, Kooringal project commission

d       authorise the General Manager or their delegate to enter into a contract with recommended artist for the Living Spaces 2018/19 Wilga Park, Kooringal project commission

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

f        advise the unsuccessful expression of interest applicants in writing

CARRIED

RECORD OF VOTING ON THE MOTION

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

CONF-5 NEW YEAR'S EVE was moved forward for consideration in the open session of this Council Meeting.

CONF-6    Hampden Bridge Legacy

19/292       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council:

a       proceed with Option 1 for the Hampden Bridge Legacy project, as detailed in the body of this report

b       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
P Funnell
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

CONF-7    RFQ2019-554 SUPPLY & SUPPLY AND LAY DENSELY GRADED ASPHALT

19/293       RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

That Council:

a       accept the offer of Fulton Hogan Industries Pty Ltd (ABN: 54 000 538 689) in the schedule of rates submitted with their offer for the supply and supply and laying of densely graded asphalt

b       authorise the General Manager or their delegate to enter into a contract with Fulton Hogan Industries Pty Ltd (ABN: 54 000 538 689) for the supply and laying of densely graded asphalt

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

CARRIED

RECORD OF VOTING ON THE MOTION

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

Reversion to open COUNCIL

19/294       RESOLVED:

On the Motion of Councillors T Koschel and R Kendall

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 7.54pm.

CARRIED

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 7.57pm.

…………………………………………………..

                                                                                                      MAYOR