Minutes of Ordinary Meeting of Council - 11 November 2019

Minutes of the Ordinary Meeting of Council held on Monday 11 November 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 Corporate Services (Mrs N Te Pohe)

Director Community (Mrs J Summerhayes)

Director Regional Activation (Mr M Keys)

Acting Director Commercial Operations (Mr S Otieno)

Manager Audit, Risk & Governance (Ms I Hensley)

Manager Environmental & City Compliance (Mr M Gardiner)

Manager City Strategy (Mr T Kell)

Manager Executive Support (Mr S Gray)

Manager Procurement Services (Mr D Butterfield)

Corporate Governance Coordinator (Mrs N Johnson)

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

Communications & Engagement Coordinator (Mr M Casey)

Communications & Engagement Officer (Mr S Shaw)

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 Director Commercial Operations, Ms C Angel.

LEAVE OF ABSENCE

Council noted that a leave of absence was granted to Councillor T Koschel (1 November 2019 to 30 November 2019 inclusive) at the 28 October 2019 Council Meeting.

REMEMBRANCE DAY

At this stage of the meeting, one minute silence was observed in recognition of Remembrance Day to commemorate and remember all Australians who have died fighting to protect the nation.

CONFIRMATION OF MINUTES

CM-1 ORDINARY COUNCIL MEETING - 28 OCTOBER 2019

19/393 RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

That the Minutes of the proceedings of the Ordinary Council Meeting held on 28 October 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
K Pascoe
D Tout

CONDOLENCE AND SYMPATHY

The Mayor, Councillor Greg Conkey OAM extended condolences and sympathy to the family of the late Mr Jim Elphick and recognised his significant contribution to the City, in particular in the tennis community of Wagga Wagga .

Declarations Of Interest

Councillor K Pascoe declared a Significant, Pecuniary Interest in CONF-2 PROPOSED ACQUISTION OF LAND, the reason being that a family member owns a property in the location mentioned in the report and vacated the chamber during its consideration.

Councillor D Tout declared a Non-Significant, Non-Pecuniary Interest in RP-4 School Entrepreneur Program the reason being that his place of work is mentioned in the report and remained in the chamber during its consideration.

Councillor D Tout declared a Non-Pecuniary Interest in M- 1 SISTER CITY COMMUNITY COMMITTEE - MINUTES - 23 OCTOBER 2019 the reason being that his wife is on the Committee and chaired the meeting. He vacated the chamber during its consideration.

Councillor P Funnell declared a Significant Non-Pecuniary Interest in RP-3 PROPOSED LIGHT HORSE MEMORIAL the reason being that a presenter on the matter is a long-time friend and previous neighbour. He remained in the chamber during its consideration.

The Mayor, Councillor G Conkey OAM declared a Significant Non-Pecuniary Interest in RP-3 - PROPOSED LIGHT HORSE MEMORIAL the reason being that his great uncle was in the Light Horse and remained in the chamber during its consideration.

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

19/394 RESOLVED:

On the Motion of Councillors V Keenan and K Pascoe

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

PROCEDURAL MOTION - ENGLOBO

19/395 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-4, CONF-1, CONF-3 and CONF-4 be adopted as recommended in the business papers.

PUBLIC DISCUSSION FORUM

RP-3 PROPOSED LIGHT HORSE MEMORIAL

· Anne Flood – Speaking in favour of the report

· Patrick Leary – Speaking in favour of the report

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

19/396 RESOLVED:

On the Motion of Councillors P Funnell and K Pascoe

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

· RP-3 - PROPOSED LIGHT HORSE MEMORIAL

RP-3 PROPOSED LIGHT HORSE MEMORIAL

19/397 RESOLVED:

On the Motion of Councillors P Funnell and D Hayes

That Council:

a approve the construction of a Light Horse Memorial in or within the vicinity of the Victory Memorial Gardens

b contribute $50,000 towards the Memorial to be funded from the Community Works Reserve

c note the Light Horse Memorial Committee will be responsible for raising the required remaining funds for construction

d assist the Light Horse Memorial Committee in identifying other grant funding sources, both internal and external 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
K Pascoe
D Tout

COUNCILLOR REPORT

CR-1 COUNCILLOR REPORT - NOM-1 NOTICE OF MOTION - USE OF ELECTRIC VEHICLE

19/398 RESOLVED:

On the Motion of Councillors G Conkey OAM and D Hayes

That Council receive and note 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
K Pascoe
D Tout

CR-2 Councillor report - Sister City delegation to Nordlingen, Stadtmaurefest

19/399 RESOLVED:

On the Motion of Councillors G Conkey OAM 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
G Conkey OAM
P Funnell
D Hayes
V Keenan
R Kendall
K Pascoe
D Tout

REPORTS FROM STAFF

RP-1 Performance Report - July 2018 to June 2019

19/400 RESOLVED:

On the Motion of Councillors R Kendall and D Hayes

That Council:

a accept the Performance Reports against Council’s Combined Delivery Program and Operational Plan 2018/2019 as at June 2019

b receive further advice in regards to the Resource Recovery Centre 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
K Pascoe
D Tout

RP-2 Proposed Adoption of Council's Procurement and Disposal Policy - POL 110

19/401 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

a notes that there were no submissions received during the exhibition period for the revised Procurement and Disposal Policy – POL 110

b adopts the Procurement and Disposal Policy – POL 110 incorporating the recommended amendment outlined in this report

c notes that the recommended amendment is not considered to be substantial, and therefore will not require a further public exhibition period

d notes that further discussions will be held with Councillors at a workshop scheduled for 2 December in relation to options for implementing a Regional Procurement Preference 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
K Pascoe
D Tout

RP-3 - PROPOSED LIGHT HORSE MEMORIAL was moved forward following the Public Discussion Forum.

RP-4 School Entrepreneur Program

19/402 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

a partner with Charles Sturt University to help deliver their 2020 CSU School Entrepreneur Program

b approve $2,000 to assist in running the program

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

RP-5 Response to Questions/Business with Notice

19/403 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

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
K Pascoe
D Tout

COMMITTEE MINUTES

M-1 SISTER CITY COMMUNITY COMMITTEE - MINUTES - 23 OCTOBER 2019

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

19/404 RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council receive the minutes of the Sister City Community Committee Meeting held on 23 October 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
K Pascoe

Councillor D Tout re-entered the chamber, the time being 6:52pm.

QUESTIONS/BUSINESS WITH NOTICE

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

1. Councillor Y Braid requested that Council investigate the costs associated with lighting the carpark and laneway area in Peter Street to Baylis Street, in an effort to reduce vandalism and improve security and safety in the area.

2. Councillor P Funnell requested a further update on Keajura Road.

3. Councillors P Funnell and V Keenan requested that Council investigate road safety concerns including options of a duck crossing and signage in Forsyth Street in the vicinity of the Wollundry Lagoon.

4 Councillor D Hayes thanked and congratulated Riverina Medical & Dental Aboriginal Corporation (RivMed) for the fantastic and continued successful Yandarra event held in Ashmont over the weekend.

5. Councillor V Keenan requested a follow up update on the property in Tichbourne Crescent and the status of Council’s ongoing action.

6. Councillor R Kendall thanked all volunteers in particular rural fire volunteers going above and beyond in their duties. He requested a report on Council’s critical infrastructure management and details of Council’s Critical Resilience Strategy including if Council has such a strategy and the benefit or otherwise of such a strategy.

7. Councillor K Pascoe requested an update on the Levee project and dates of opening remaining sections of the levee.

8. Councillor D Tout thanked the Sikh community for the invitation and hospitality provided to Councillors Hayes, Keenan, the Mayor and himself at a recent event.

9. Councillor D Tout requested that Council investigate safety concerns including the possibility of warning signs at the Travers Street horse crossing.

10. Councillor D Tout thanked Ben Creighton and all Council staff involved in the W League event held a Equex last week.

11. The Mayor, G Conkey OAM displayed artwork received on his recent Sister City visit to Nordlingen and thanked Councillor D Tout for bringing it back to Wagga Wagga.

closed COUNCIL

19/405 RESOLVED:

On the Motion of Councillors V Keenan and K Pascoe

That the Council now resolve itself into a Closed Council, the time being 7:01pm.

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

CONFIDENTIAL REPORTS

CONF-1 EOI2019-602 rifl hub project

19/406 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council

a in accordance with Clause 178 of the Local Government (General Regulation) 2005, decline all EOI offers for the design and construction of the RIFL Hub Project

b note the reason for declining all EOI applications is that the time frame between the close of offers and the calling of request for tender has been elongated, and that the requirements previously included in the EOI have changed sufficiently to warrant a fresh approach to the market

c invite, in accordance with clause 167, 168 or 169, fresh tenders based on the same or different details

RECORD OF VOTING ON THE MOTION

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

CONF-2 PROPOSED ACQUISTION OF LAND

Councillor K Pascoe declared a Pecuniary Interest and vacated the chamber, the time being 7:02pm.

19/407 RESOLVED:

On the Motion of Councillors D Hayes and P Funnell

That Council;

a agree to acquire the property at 15-17 Trail Street, Wagga Wagga upon the terms outlined in the body of this report

b upon acquisition classify the land as operational land in accordance with s31 (2) of the Local Government Act 1993

c upon acquisition receive another report regarding potential leasing opportunities and associated capital costs

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

f approve the budget variations 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
D Tout

Councillor K Pascoe re-entered the chamber, the time being 7:03pm.

CONF-3 PROPOSED ACQUISITION OF EASEMENT FOR LEVEE BANK AND WALKING TRACK

19/408 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

a proceed with the acquisition of easements for levee bank, public footway and right of access within Lot 2 DP 540063 in accordance with the terms outlined in the body of this report

b pay compensation to Riverina Water County Council in the sum identified in the body of this report

c release the existing easement for levee bank registered on Lot 2 DP 540073

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
K Pascoe
D Tout

CONF-4 RFT2019-32 Naming Rights Multi Purpose Stadium

19/409 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

a note the outcome of RFT2019-32 Naming Rights Multi-Purpose Stadium as detailed in the body of the report;

b in accordance with clause 178(3) of the Local Government (General Regulation) 2005 enter into direct negotiations with any person or organisation with a view to entering into a contract in relation to the naming rights of the MPS;

c note the reason for declining to invite fresh tenders or applications is that this action would not produce a different or more satisfactory offer

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

e should negotiations be successful a further report will be presented to Council for consideration

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

Reversion to open COUNCIL

19/410 RESOLVED:

On the Motion of Councillors D Tout and R Kendall

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 7:03pm.

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 7:06pm.

…………………………………………………..

MAYOR