Minutes of Ordinary Meeting of Council - 26 August 2019

Minutes of the Ordinary Meeting of Council held on Monday 26 August 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

General Manager (Mr P Thompson)

Director Corporate Services (Mrs N Te Pohe)

Director Community (Mrs J Summerhayes)

Director Commercial Operations (Ms C Angel)

Director Regional Activation (Mr M Keys)

Manager Finance (Mrs C Rodney)

Manager Information & Customer Service (Mr M Schmid)

Manager Community Services (Ms M Scully)

Manager Executive Support (Mr S Gray)

Manager Operations (Mr S Otieno)

Corporate Governance Coordinator (Mrs N Johnson)

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

ICT Support Officer (Mr S Ayliffes)

Aboriginal Youth & Community Development Officer (Ms L Sanders)

Regional Development Officer – Ageing (Ms A Kurta)

Communications & Engagement Officer (Mr J Lang)

Governance Officer (Ms B King)

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.

No apologies received.

LEAVE OF ABSENCE

Council note that a Leave of Absence was granted to Councillor D Tout at the 11 June 2019 Ordinary Council Meeting for the period 20 August to 14 September 2019 (Inclusive).

CONDOLENCE AND 1 MINUTE SILENCE

The Mayor, Councillor Greg Conkey OAM extended his condolences on the passing of former Deputy Prime Minister Tim Fischer and acknowledged his significant contribution to the region and the nation. Mr Fischer was an outstanding statesman who was respected by members of all political parties. The Mayor advised the he will be passing on condolences to his family on behalf of Council.

One minute silence was observed for the passing of former Deputy Prime Minister, Mr Tim Fischer.

CONFIRMATION OF MINUTES

CM-1 Ordinary Council Meeting - 12 August 2019

19/295 RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That the Minutes of the proceedings of the Ordinary Council Meeting held on 12 August 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

DECLARATIONS OF INTEREST

Councillor D Hayes declared a Non-Significant, Non-Pecuniary Interest in CONF-1 PROPOSED LEASE EXTENSION - RELATIONSHIPS AUSTRALIA the reason being that the organisation he is employed by commissions services to Relationship Australia and remained in the chamber during its consideration.

Councillor P Funnell declared a Significant, Non-Pecuniary Interest in RP-5 Financial Performance Report as at 31 July 2019 the reason being that he is involved with Legion of Mary who is a recipient of funding in this reports and vacated the chamber during its consideration.

Councillor P Funnell declared a Pecuniary Interest in RP-8 Wagga Wagga Reconciliation Action Plan 2021 the reason being that he is a Director of Local Land Services who are named in the report and remained in the chamber during its consideration.

Councillor P Funnell declared a Significant, Non-Pecuniary Interest in RP-13 PARKING FINE CONCESSIONS the reason being that he is friends with a person named in the report and remained in the chamber during its consideration.

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

19/296 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council bring forward consideration of the ENGLOBO to proceed the Public discussion forum.

PROCEDURAL MOTION - ENGLOBO

19/297 RESOLVED:

On the Motion of Councillors K Pascoe 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 MM-1, RP-1 to RP-4, RP-6, RP-7, RP-9 to RP-13, MM-CONF-1 and CONF-1 to CONF-3 be adopted as recommended in the business papers.

PUBLIC DISCUSSION FORUM

RP-8 Wagga Wagga Reconciliation Action Plan 2021

· Uncle Stan Grant – speaking in favour of the report

· Uncle James Ingram, Bidya Marra Consultancy – speaking in favour of the report

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

19/298 RESOLVED:

On the Motion of Councillors D Hayes and P Funnell

That Council bring forward consideration of RP-8 Wagga Wagga Reconciliation Action Plan 2021 to follow the public discussion forum.

RP-8 Wagga Wagga Reconciliation Action Plan 2021

19/299 RESOLVED:

On the Motion of Councillors D Hayes and V Keenan

That Council:

a note all submissions and feedback received relating to the exhibited Reconciliation Action Plan 2021

b adopt the Reconciliation Action Plan 2021 with the recommended changes as detailed in 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

MAYORAL MINUTE

MM-1 MAYORAL MINUTE - LGNSW CONFERENCE - ADDITIONAL MOTION

19/300 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council submit a motion to the LGNSW and member Councils advocate for a greater investment of resources by the State Government into managing Code of Conduct complaints to ensure they are dealt with quickly, efficiently, and effectively.

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

REPORTS FROM STAFF

RP-1 Draft Planning Proposal (LEP19/0006) to rezone land on the corner of Avocet Drive and Rainbow Drive, Estella

19/301 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a support planning proposal LEP19/0006 and the Council addendum to amend the Wagga Wagga Local Environmental Plan 2010

b submit planning proposal LEP19/0006 to the NSW Department of Planning, Industry and Environment for Gateway Determination

c receive a further report after the public exhibition period:

i addressing any submissions made in respect of planning proposal LEP19/0006

ii proposing adoption of the planning proposal LEP19/0006 unless there are any recommended changes 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

RP-2 Planning Proposal (LEP18/0005) to rezone land at 53 Plumpton Road and 108 Brindabella Drive, Tatton

19/302 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a note the submissions received during the exhibition period for planning proposal LEP18/0005 with Council addendum

b adopt planning proposal LEP18/0005 with Council addendum to amend the Wagga Wagga Local Environmental Plan 2010

c gazette the plan and notify the NSW Department of Planning, Industry and Environment of the decision

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

RP-3 Draft Planning Proposal (LEP19/0004) to amend the Wagga Wagga Local Environmental Plan 2010 - Plumpton Road, Wagga Wagga

19/303 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a support planning proposal LEP19/0004 and the Council addendum to amend the Wagga Wagga Local Environmental Plan 2010

b submit planning proposal LEP19/0004 and the Council addendum to the NSW Department of Planning, Industry and Environment for Gateway Determination

c receive a further report after the public exhibition period:

i addressing any submissions made in respect of planning proposal LEP19/0004 and the Council addendum

ii proposing adoption of the planning proposal LEP19/0004 and the Council addendum unless there are any recommended changes 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

RP-4 Draft Planning Proposal (LEP19/0007) to amend the Wagga Wagga Local Environmental Plan 2010 - Ladysmith

19/304 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a support planning proposal LEP19/0007 and the Council addendum to amend the Wagga Wagga Local Environmental Plan 2010

b submit planning proposal LEP19/0007 with the Council addendum to the NSW Department of Planning, Industry and Environment for Gateway Determination

c receive a further report after the public exhibition period:

i addressing any submissions made in respect of planning proposal LEP19/0007 and the Council addendum

ii proposing adoption of the planning proposal LEP19/0007 and the Council addendum unless there are any recommended changes 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

RP-5 Financial Performance Report as at 31 July 2019

Councillor P Funnell declared a Significant, Non-Pecuniary Interest and vacated the chamber, the time being 6:41pm.

19/305 RESOLVED:

On the Motion of Councillors T Koschel and K Pascoe

That Council:

a approve the proposed 2019/20 budget variations for the month ended 31 July 2019 and note the balanced budget position as presented in this report

b approve the Potential Projects outlined within the report to be included in the 2019/20 Capital Works Delivery Program

c in accordance with Section 356 of the Local Government Act, provide financial assistance of:

i $2,000 to the Cork & Fork Festival 2019/20

ii $90 to the Legion of Mary

iii $95 to the PCYC Wagga Wagga OOSH

iv $655 to the Riverina Medical & Surgical Symposium

d 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

e note the details of the external investments as at 31 July 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
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe

Councillor P Funnell re-entered the chamber, the time being 6.41pm.

RP-6 RIVERSIDE STAGE 2- OUTCOMES OF COMMUNITY ENGAGEMENT AND FINAL DESIGN

19/306 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a note the outcomes of the community engagement

b adopt the Riverside Stage 2 Concept Plan for detailed design and implementation

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

RP-7 STREET SWEEPER STOCKPILE - STOCKPILING MATERIAL AT GREGADOO WASTE MANAGEMENT CENTRE

19/307 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a note the proposal to transfer and stockpile approximately 2,300 cubic meters (2,760 tonnes) of street sweeper waste currently stockpiled at Narrung Street

b receive a further report on options to repurpose the stockpiled sweeper waste material

c receive a further report on options to address the ongoing disposal of street sweeper material appropriately

d approve the budget variations as detailed 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

RP-8 Wagga Wagga Reconciliation Action Plan 2021 was moved forward for the public discussion forum.

RP-9 KU CHILDRENS SERVICES - LEASE EXTENSION - ASHMONT PRESCHOOL

19/308 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a extend the lease with KU Children’s Services for the Ashmont Preschool premises at Lot 113 DP 242742 to a total term of twenty-one (21) years expiring 31 October 2039

b agree to a first right of refusal for purchase of the property by KU Children’s Services, noting that such right will be reciprocal to Wagga Wagga City Council

c delegate authority to the General Manager or their delegate to negotiate terms for the first right of refusal to purchase

d subdivide Lot 113 DP 242742 into three parcels

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

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

g 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

RP-10 CONSOLIDATION OF LAND

19/309 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a consolidate Lot 1 DP 241718 and Lot C DP 21074 at Kent Crescent, Wagga Wagga into a single land parcel

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

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

RP-11 BOLTON PARK AMENITIES

19/310 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council approve the budget variations as detailed in the financial implications section of the report to allow for the construction of the Bolton Park amenities as per the Bolton Park Master Plan.

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

RP-12 The Friends of the Wagga Wagga Botanic Gardens Inc. donation of funds to Council for the purchase of an Electric Utility Vehicle for the Botanic Gardens and Zoo sites

19/311 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a endorse the receipt of funds from The Friends of the Wagga Wagga Botanic Gardens Inc for the purchase of the electric utility vehicle – Club Car Carry all 500 as detailed in the report for use at the Botanic Gardens and associated Zoo sites

b thank the Friends of Wagga Wagga Botanic Gardens for their donation of the funds to facilitate the acquisition of the electric utility vehicle

c note the operating and replacement costs of the electric utility vehicle will be met from within the existing annual Parks Budget for 2019/20

d authorise the General Manager, or their delegate to enter into an appropriate funding agreement so that all terms are clearly understood by both parties moving forward

e note and approve the budget variation as outlined in the body 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

RP-13 PARKING FINE CONCESSIONS

19/312 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council note the parking fine concessions will commence on 1 December 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

QUESTIONS/BUSINESS WITH NOTICE

No Questions/Business with notice received.

CONFIDENTIAL MAYORAL MINUTES

MM-CONF-1 General Managers Performance Review - 1 July 2018 - 31 June 2019

19/313 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a receive and note the Confidential Memo of the General Manager’s Annual Review of Performance conducted by the Council’s Performance Review Committee on 12 August 2019 (distributed under separate cover)

b adopt the recommendations contained therein

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

CONFIDENTIAL REPORTS

CONF-1 PROPOSED LEASE EXTENSION - RELATIONSHIPS AUSTRALIA

19/314 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a extend the Relationships Australia Canberra and Region Incorporated lease until 31 August 2021

b extend the Relationships Australia Canberra and Region Incorporated lease for a further period of one year on each of the dates nominated in the body of this report

c note that Council can terminate the agreement at any time with twenty-four months’ notice

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

e 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

CONF-2 RFT2019-35 Gregadoo Waste Management Centre Gas Collection Expansion & Combustion Evaporator Design and Construction

19/315 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a in accordance with Clause 178 of the Local Government (General Regulation) 2005, decline all tenders for the RFT2019-35 GWMC Gas Collection Expansion & Combustion Evaporator Design and Construction

b pursuant to clause 178(3)(e) authorise the General Manager or their delegate to enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the design and construction of an expended gas collection system and combustion evaporator

c note the reasons for entering into negotiations is that the evaporator unit that represents the best value for Council has to be approved by the EPA

d authorises the General Manager or their delegate to enter into a contract, using Council’s Common Seal if required, should negotiations be successful

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

CONF-3 Ratepayer Matter

19/316 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a authorise, in accordance with Clause 131 of the Local Government (General) Regulation 2005, the write-off of rates and charges of $1,746.33 and interest charges of up to $123.18 on property Lot 3351 DP 793948 and Lot 3352 DP 793948, for the reasons outlined in the body of this report

b write to the property owner advising that Council has approved the write off of rates and charges due to the reasons outlined in the body of this report

c 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

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 6.44pm.

…………………………………………………..

MAYOR