Minutes of Ordinary Meeting of Council - 23 September 2019

Minutes of the Ordinary Meeting of Council held on Monday 23 September 2019.

Councillor Dallas Tout (Chairperson)

Councillor Yvonne Braid OAM

Councillor Dan Hayes

Councillor Vanessa Keenan

Councillor Rod Kendall

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 Audit, Risk & Governance (Ms I Hensley)

Manager Community Services (Ms M Scully)

Manager Executive Support (Mr S Gray)

Manager Operations (Mr S Otieno)

Manager Technical & Strategy (Mr P Ross)

Visitor Economy & Events Coordinator (Mrs F Hamilton)

Corporate Governance Coordinator (Mrs N Johnson)

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

Temporary Communications & Engagement Officer (Ms S Muir)

Project Communications Officer (Mr S Shaw)

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.

An apology for non-attendance was received and accepted for Councillor P Funnell on the Motion of Councillors R Kendall and K Pascoe.

CARRIED

PROCEDURAL MOTION - LEAVE OF ABSENCE

19/333 RESOLVED:

On the Motion of Councillors K Pascoe and V Keenan

Council note that a Leave of Absence was granted to The Mayor Councillor Greg Conkey OAM for 2 to 23 September 2019 (inclusive) at the Ordinary Council Meeting held 11 June 2019 and to Councillor T Koschel for 23 September 2019 (inclusive) noted at the Ordinary Council Meeting held Monday, 9 September 2019.

CONFIRMATION OF MINUTES

CM-1 COUNCIL MEETING - 9 SEPTEMBER 2019

19/334 RESOLVED:

On the Motion of Councillors D Hayes and V Keenan

That the Minutes of the proceedings of the Ordinary Council Meeting held on 9 September 2019 be confirmed as a true and accurate record.

RECORD OF VOTING ON THE MOTION

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

Declarations Of Interest

Councillor D Tout declared a Significant, Non-Pecuniary Interest in RP-1 Financial Performance Report as at 31 August 2019 the reason being that he is a member of the Relay for life Committee and vacated the chamber during its consideration.

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

19/335 RESOLVED:

On the Motion of Councillors D Hayes and V Keenan

That Council bring forward consideration of En Globo to precede the public discussion forum.

PROCEDURAL MOTION - ENGLOBO

19/336 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 RP-3 to RP-5, RP-7, M-1, M-2 and CONF-1 to CONF-5 be adopted as recommended in the business papers.

PUBLIC DISCUSSION FORUM

RP-2 Response to Notice of Motion - Floodplain Risk Management Study and Plan Engagement

· Ms Honor Lee – Speaking against the report

RP-8 Response to Questions/Business with Notice

· Ms Latisha Harris, Wiradjuri Language Lecturer at CSU – speaking in favour of the report

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

19/337 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

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

· RP-2 Response to Notice of Motion - Floodplain Risk Management Study and Plan Engagement

· RP-8 Response to Questions/Business with Notice

RP-2 Response to Notice of Motion - Floodplain Risk Management Study and Plan Engagement

19/338 RESOLVED:

On the Motion of Councillors V Keenan and D Hayes

That Council endorse the Communications and Engagement Strategy for Floodplain Risk Management.

RECORD OF VOTING ON THE MOTION

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

RP-8 Response to Questions/Business with Notice

19/339 RESOLVED:

On the Motion of Councillors R Kendall and D Hayes

That Council receive and note the report.

RECORD OF VOTING ON THE MOTION

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

MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

NOM-1 NOTICE OF MOTION - Emergency Services Precinct

19/340 RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council receive a report at a Council meeting in October 2019 that provides:

a an update in relation to the establishment of an Emergency Services Precinct

b an analysis of Lot 2 DP702230, including existing zones and potential alternate options to the proposed Emergency Services Precinct

RECORD OF VOTING ON THE MOTION

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

PROCEDURAL MOTION – ELECTION OF CHAIRPERSON

Nominations for Chairperson were called, for RP-1 Financial Performance Report as at 31 August 2019 due to the Deputy Mayor, Councillor D Tout declaring a Significant, Non-Pecuniary interest in this matter.

Councillor R Kendall nominated Councillor D Hayes and seconded by Councillor K Pascoe.

Councillor D Hayes was duly appointed as Chairperson for RP-1 Financial Performance Report as at 31 August 2019

REPORTS FROM STAFF

RP-1 Financial Performance Report as at 31 August 2019

Councillor D Tout declared a Significant, Non-Pecuniary Interest and vacated the Chair and the chamber, the time being 6:40pm.

Councillor D Hayes assumed the Chair, the time being 6.40pm

19/341 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

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

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

i $250 to the Relay for Life Cancer Council (general hire fees and charges)

ii $300 to the Relay for Life Cancer Council (waste disposal charges)

iii $160 to the World Suicide Prevention Day - Murrumbidgee Program

iv $800 to the St Vincent de Paul Society (Central Wagga Council)

v $318 to Step4U Relay for Life team

vi rescind the $5,000 donation to the Sustaining Community Social Enterprise in Wagga Wagga Project (Council Officers Report RP-4 22 July 2019 Minute reference 19/254 and correct the allocation of the $5,000 annual grant to the Riverina Woodworkers (Connected Rural and Urban Communities Category).”

c 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

d note the details of the external investments as at 31 August 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
D Hayes
V Keenan
R Kendall
K Pascoe

Councillor D Hayes vacated the chair, the time being 6.41pm.

Councillor D Tout re-entered the chamber and assumed the Chair, the time being 6:41pm.

RP-2 Response to Notice of Motion - Floodplain Risk Management Study and Plan Engagement was moved forward following the public discussion forum.

RP-3 PROPOSED LICENCE AGREEMENT TO SUNFLOWER HOUSE INCORPORATED

19/342 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a enter into a licence agreement with Sunflower House Incorporated upon the following terms;

i Premises – part Lot 2 DP 1079639 being the rear of 6 The Esplanade, Wagga Wagga

ii Term – 8 years and 2 months commencing 1 October 2019

iii Initial Annual Licence Fee - $650.00 including GST in accordance with Councils adopted Fees and Charges

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

RECORD OF VOTING ON THE MOTION

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

RP-4 Crime Prevention Working Group Extension of Agency Membership

19/343 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a endorse the extension of membership to the Crime Prevention Working Group to include the NSW Department of Health and the NSW Department of Education

b endorse the amended Crime Prevention Working Group Terms of Reference to reflect the inclusion of both agencies as referenced in (a) above

RECORD OF VOTING ON THE MOTION

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

RP-5 ROADSIDE VEGETATION MANAGEMENT PLAN

19/344 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a endorse the draft Roadside Vegetation Management Plan to be placed on Public Exhibition for a period of 28 days from 26 September inviting public submissions until 24 October 2019

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

i addressing any submissions made in respect of the Roadside Vegetation Management Plan

ii proposing adoption of the Roadside Vegetation Management Plan 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
D Hayes
V Keenan
R Kendall
K Pascoe
D Tout

RP-6 KEEP NSW BEAUTIFUL AWARDS PRESENTATION

19/345 RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council nominate a Councillor to attend the Keep NSW Beautiful Tidy Towns – Sustainable Communities Awards presentation to be held in Cessnock on the 1 to 3 November 2019.

RECORD OF VOTING ON THE MOTION

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

Councillor K Pascoe nominated Councillor Y Braid

Councillor Y Braid accepted the nomination

Councillor Y Braid was duly appointed to represent Council at the Keep NSW Beautiful Tidy Towns – Sustainable Communities Awards presentation to be held in Cessnock from 1 November to 3 November 2019.

RP-7 DELEGATIONS POLICY - POL 060

19/346 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a note that there were no public submissions received during the exhibition period of the draft Delegations Policy (POL 060)

b adopt the draft Delegations Policy (POL 060)

RECORD OF VOTING ON THE MOTION

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

RP-8 Response to Questions/Business with Notice was moved forward following the public discussion forum.

COMMITTEE MINUTES

M-1 CRIME PREVENTION WORKING GROUP

19/347 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council receive the minutes of the Crime Prevention Working Group held on 26 August 2019.

RECORD OF VOTING ON THE MOTION

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

M-2 TRAFFIC COMMITTEE - 11 JULY 2019

19/348 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a receive the minutes of the Traffic Committee Meeting held on 11 July 2019

b endorse the recommendations of the Traffic Committee

RECORD OF VOTING ON THE MOTION

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

QUESTIONS/BUSINESS WITH NOTICE

The following Questions/Business were noted at the meeting:

1. Councillor D Hayes thanked the students, Schools, and Council staff for the Youth Forum held 11 September 2019. It was great to spend the day with high school students discussing the future of Wagga and the big challenges that we have, it was a great start and he looks forward to Council engaging further with the young people of Wagga.

2. Councillor V Keenan echoed the comments from Councillor D Hayes regarding the Youth Forum, it was a great opportunity to spend that time with students that are really engaged with the Community.

3. Councillor V Keenan acknowledged what she presumed was one of the largest protests that has been run in wagga with around a thousand people participating in the global climate strike on Friday, 20 September 2019. Councillor Keenan acknowledged and thanked the organisers of this protest and stated it was very professionally run and everyone was quite respectful of that particular process. It is important for us as a Council to note that we have a community here expecting that all levels of Government take action in addressing climate change.

4. Councillor R Kendall acknowledged that GWS made the AFL Grand Final. Council and the Wagga community have been a great support of GWS, we have hosted them in this town, assisted them with football trial matches, with training facilities and the like and it will be great to see them win.

CONFIDENTIAL REPORTS

CONF-1 RFQ2019-559 SPRAYED BITUMINOUS SURFACING

19/349 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a accept the offer of Norman McMahon Patches Pty Ltd T/a Patches Asphalt (ABN: 89 093 821 213) in the schedule of rates submitted with their offer for the supply of sprayed bituminous surfacing

b authorise the General Manager or their delegate to enter into a contract with Norman McMahon Patches Pty Ltd T/a Patches Asphalt (ABN: 89 093 821 213) for the of sprayed bituminous surfacing

c 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
D Hayes
V Keenan
R Kendall
K Pascoe
D Tout

CONF-2 PROPOSED ACQUISTION OF DRAINAGE RESERVE AND EASEMENTS WITHIN LOT 114 DP 1213333 AND LOT 2 DP 732466 AT FOREST HILL

19/350 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a accept dedication of a drainage reserve within Lot 114 DP 1213333 at Forest Hill

b create an easement to drain sewage within Lot 114 DP 1213333 and Lot 2 DP 732466 at Forest Hill

c create an easement for right of carriageway within Lot 114 DP 1213333 at Forest Hill

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
D Hayes
V Keenan
R Kendall
K Pascoe
D Tout

CONF-3 SPORTING HALL OF FAME NOMINATIONS

19/351 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council receive and note this report.

RECORD OF VOTING ON THE MOTION

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

CONF-4 Major Events, Festivals and Films Sponsorship

19/352 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a authorise the General Manager or their delegate to enter into an agreement to sponsor the following events through the 2019/20 Major Events Sponsorship budget:

i HC Events Pty Ltd’s ‘Wagga Mardi Gras Festival’ to the amount of $20,000 including in-kind support

ii Murrumbidgee Turf Club’s ‘MTC Rocks the Racetrack’ to the amount of $15,000

iii Wagga Harness Racing Club’s ‘Group One Carnival’ to the amount of $5,000

b rescind resolution 19/094 endorsed 25 March 2019 to sponsor Pink Salt Production’s Salty Lemon Music Festival to the amount of $15,000 and allocate the $15,000 to an Event Attraction budget line

RECORD OF VOTING ON THE MOTION

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

CONF-5 SPORTING EVENT OPPORTUNITY

19/353 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a authorise the General Manager or their delegate to negotiate with AFL NSW to enter into an agreement for:

i the hosting of an AFLW competition game during the 2020 Season

ii the hosting of an AFL preseason game during the 2020 season

iii the hosting of an AFL NSW Hall of fame dinner in 2021

iv a $100,000 contribution from AFL NSW to the Bolton Park amenities

b approve the budget variations listed in the financial implications section of the report

RECORD OF VOTING ON THE MOTION

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

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 6.47pm.

…………………………………………………..

MAYOR