Minutes of Ordinary Meeting of Council - 25 November 2019

Minutes of the Ordinary Meeting of Council held on Monday 25 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 Kerry Pascoe

Councillor Dallas Tout

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 Environmental & City Compliance (Mr M Gardiner)

Manager Executive Support (Mr S Gray)

Manager Development Assessment & Building

Certification (Mr P O’Brien)

Corporate Governance Coordinator (Mrs N Johnson)

Communications & Engagement 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.

No apologies received.

LEAVE OF ABSENCE

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

CONFIRMATION OF MINUTES

CM-1 ORDINARY COUNCIL MEETING - 11 NOVEMBER 2019

19/411 RESOLVED:

On the Motion of Councillors K Pascoe and D Tout

That the Minutes of the proceedings of the Ordinary Council Meeting held on 11 November 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

Declarations Of Interest

Councillor D Hayes declared a Non-Significant, Non-Pecuniary Interest in RP-2 DA16/0585.02 – 16B Broad St WAGGA WAGGA - Lot 1, DP 534496 - Modification of Development Consent for Multi Dwelling Housing – Review of conditions 2(a) and 30(a) relating to laneway construction requirements the reason being that he lives close by and remained in the chamber during its consideration.

Councillor D Hayes declared a Non-Significant, Non-Pecuniary Interest in CONF-3 PROPOSED PLANNING AGREEMEENTS the reason being that his workplace is located at one of the proposed development sites and remained in the chamber during its consideration.

Councillor D Hayes declared a Significant, Non-Pecuniary Interest in RP-5 Planning Proposals (LEP11/0003 and LEP12/0003) to rezone land on Sturt Highway Gumly Gumly the reason being that he has a familial link and vacated the chamber during its consideration.

Councillor D Hayes declared a Significant, Non-Pecuniary Interest in CONF-5 PROPOSED LICENCE AGREEMENT FOR MESSENGER AVENUE ACCESS the reason being that an uncle of a relative of his is a landowner and vacated the chamber during its consideration.

Councillor R Kendall declared a Non-Significant, Non-Pecuniary Interest in RP-1 DA19/0347 - ALTERATIONS AND ADDITIONS TO A DWELLING INCLUDING REAR ADDITION WITH ATTACHED DOUBLE GARAGE FRONTING LANEWAY AT 60 PETER STREET, WAGGA WAGGA, LOT 3 DP 314528 the reason being that an organisation he chairs owns commercial zoned land in close proximity. The issues raised in this report do not relate to commercial land and remained in the chamber during its consideration.

Councillor P Funnell declared a Significant, Non-Pecuniary Interest in RP-1 DA19/0347 - ALTERATIONS AND ADDITIONS TO A DWELLING INCLUDING REAR ADDITION WITH ATTACHED DOUBLE GARAGE FRONTING LANEWAY AT 60 PETER STREET, WAGGA WAGGA, LOT 3 DP 314528 the reason being that he has engaged the services of the architect named in the report and vacated the chamber during its consideration.

Councillor P Funnell declared a Significant, Non-Pecuniary Interest in RP-2 DA16/0585.02 – 16B Broad St WAGGA WAGGA - Lot 1, DP 534496 - Modification of Development Consent for Multi Dwelling Housing – Review of conditions 2(a) and 30(a) relating to laneway construction requirements the reason being that he has engaged the services of the architect named in the report and vacated the chamber during its consideration.

Councillor K Pascoe declared a Non-Significant, Non-Pecuniary Interest in RP-12 Ladysmith Village - Application for control of Crown Roads the reason being that he is related to one of the applicants and vacated the chamber during its consideration.

Councillor V Keenan declared a Non-Significant, Non-Pecuniary Interest in CONF-3 PROPOSED PLANNING AGREEMEENTS the reason being that she lives in the vicinity of the proposed development and remained in the chamber during its consideration.

The Mayor, Councillor G Conkey OAM declared a Non-Significant, Non-Pecuniary Interest in RP-7 Financial Performance Report as at 31 October 2019 the reason being that he is a patron of the Wagga Family History Society and remained in the chamber during its consideration.

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

19/412 RESOLVED:

On the Motion of Councillors V Keenan and P Funnell

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

PROCEDURAL MOTION - ENGLOBO

19/413 RESOLVED:

On the Motion of Councillors P Funnell 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-3, RP-4, RP-6 to RP-11 and CONF-1 to CONF-4 be adopted as recommended in the business papers.

PUBLIC DISCUSSION FORUM

NOM-2 NOTICE OF MOTION - STOCKPILING MATERIALS IN THE FLOODPLAIN

· Ms Fiona Ziff – speaking in favour of the report

RP-2 DA16/0585.02 – 16B Broad St WAGGA WAGGA - Lot 1, DP 534496 - Modification of Development Consent for Multi Dwelling Housing – Review of conditions 2(a) and 30(a) relating to laneway construction requirements

· Mr Glenn Sewell, Sewell Designs – speaking against the report

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

19/414 RESOLVED:

On the Motion of Councillors V Keenan and R Kendall

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

· NOM-2 NOTICE OF MOTION - STOCKPILING MATERIALS IN THE FLOODPLAIN

· RP-2 DA16/0585.02 – 16B Broad St WAGGA WAGGA - Lot 1, DP 534496 - Modification of Development Consent for Multi Dwelling Housing – Review of conditions 2(a) and 30(a) relating to laneway construction requirements

NOM-2 NOTICE OF MOTION - STOCKPILING MATERIALS IN THE FLOODPLAIN

19/415 RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

That Council receive a report:

a that outlines current Council stockpiling and levees on the sites within the floodplain as listed in the body of this report

b an action plan to remove the stockpiles and levees (if any action required)

c an update in relation to vegetation management within the floodplain

d in consultation with the Floodplain Risk Management Advisory Committee as part of the development of the reports

e back to Council no later than March 2020

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 DA16/0585.02 – 16B Broad St WAGGA WAGGA - Lot 1, DP 534496 - Modification of Development Consent for Multi Dwelling Housing – Review of conditions 2(a) and 30(a) relating to laneway construction requirements

Councillor P Funnell declared a Significant, Non-Pecuniary Interest and vacated the chamber, the time being 6:34pm.

19/416 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council defer consideration of RP-2 DA16/0585.02 - 16B BROAD ST WAGGA WAGGA - LOT 1, DP 534496 - MODIFICATION OF DEVELOPMENT CONSENT FOR MULTI DWELLING HOUSING – REVIEW OF CONDITIONS 2(A) AND 30(A) RELATING TO LANEWAY CONSTRUCTION REQUIREMENTS to the 16 December 2019 Ordinary Council Meeting.

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

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

Councillor P Funnell re-entered the chamber, the time being 6:37pm.

MAYORAL MINUTES

MM-1 STATE GOVERNMENT FUNDING FOR NSW PUBLIC LIBRARIES

19/417 RESOLVED:

On the Motion of the Mayor, Councillor G Conkey OAM

That Council:

a make representation to the local State Member(s), Dr Joe McGirr MP, in relation to the need for a sustainable state funding model for the ongoing provision of public library services

b write to the Hon. Don Harwin, Minister for the Arts and the Hon. Walt Secord, Shadow Minister for the Arts, calling for bi-partisan support for Consumer Price Index (CPI) indexation of state funding for NSW public libraries, as well as legislation of all elements of the 2019-20 to 2022-23 NSW state funding model

c take a leading role in lobbying for sustainable state government funding for libraries

d endorse the distribution of the NSW Public Libraries Association NSW library sustainable funding advocacy information in Council libraries, as well as involvement in any actions proposed by the Association as a part of this campaign

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

MM-2 MAYORAL MINUTE - JOINT ORGANISATION NOMINATION

19/418 RESOLVED:

On the Motion of The Mayor, Councillor G Conkey OAM

That Council:

a endorse becoming a member of the Riverina Joint Organisation

b write to the Minister for Local Government (Minister) requesting the Governor proclaim Wagga Wagga as a member of the Riverina Joint Organisation joining the current Council areas of Bland, Coolamon, Cootamundra-Gundagai Regional, Greater Hume Shire, Junee, Lockhart and Temora

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

MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

NOM-1 NOTICE OF MOTION - DECREASING SOCIAL AND COMMUNITY DISADVANTAGE

19/419 RESOLVED:

On the Motion of Councillors D Hayes and V Keenan

That Council receive a report that:

a identifies areas within the Local Government Area that have high levels of social and community disadvantage

b outlines options for Wagga Wagga City Council to reduce social and community disadvantage within identified areas identified in (a)

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

NOM-2 NOTICE OF MOTION - STOCKPILING MATERIALS IN THE FLOODPLAIN was moved to follow the public discussion forum.

COUNCILLOR REPORT

CR-1 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE

19/420 RESOLVED:

On the Motion of The Mayor, Councillor G Conkey OAM and Councillor 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
K Pascoe
D Tout

REPORTS FROM STAFF

RP-1 DA19/0347 - ALTERATIONS AND ADDITIONS TO A DWELLING INCLUDING REAR ADDITION WITH ATTACHED DOUBLE GARAGE FRONTING LANEWAY AT 60 PETER STREET, WAGGA WAGGA, LOT 3 DP 314528

Councillor P Funnell declared a Significant, Non-Pecuniary Interest and vacated the chamber, the time being 7:14pm.

19/421 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council approve DA19/0347 for the alterations and additions to the dwelling house at 60 Peter Street Wagga Wagga, NSW, 2650 subject to the conditions outlined in the attachment provided under separate cover titled “Optional Conditions of Consent for DA19/0347”, having formed the view through consideration of the Section 4.15 assessment report, that the objectives of the Development Control Plan (DCP) have generally been met to a sufficient level to warrant approval and the proposed conditions are consistent with the pattern of the built environment of the neighbouring properties.

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

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

Councillor P Funnell re-entered the chamber, the time being 7:15pm.

RP-2 DA16/0585.02 – 16B Broad St WAGGA WAGGA - Lot 1, DP 534496 - Modification of Development Consent for Multi Dwelling Housing – Review of conditions 2(a) and 30(a) relating to laneway construction requirements was moved forward following the public discussion forum.

RP-3 Draft Planning Proposal (LEP19/0009) to rezone land on the corner of Sturt Highway and Pearson Street, Wagga Wagga

19/422 RESOLVED:

On the Motion of Councillors P Funnell and K Pascoe

That Council:

a support planning proposal LEP19/0009 to amend the Wagga Wagga Local Environmental Plan 2010

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

d receive a further report after the public exhibition period addressing any submissions made in respect of the planning proposal

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-4 Planning Proposal LEP18/0014 - Reduction to minimum lot size controls to Part Lot 1 DP 65324, Part Lot 1 DP 219692 and Lot 2 DP 1009360 on Vincent Road and Kooringal Road, Lake Albert

19/423 RESOLVED:

On the Motion of Councillors P Funnell and K Pascoe

That Council:

a note the submissions received during the exhibition period for the planning proposal (LEP18/0014) and Council addendum to reduce the minimum lot size provisions applicable to Part Lot 1 DP 65324, Part Lot 1 DP 219692 and Lot 2 DP 1009360

b adopt the planning proposal LEP18/0014 and addendum to amend the Wagga Wagga Local Environmental Plan 2010

c use Council delegation to approve the legal instrument and notify NSW Department of Planning, Industry and Environment to gazette the amendment

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 Planning Proposals (LEP11/0003 and LEP12/0003) to rezone land on Sturt Highway Gumly Gumly

Councillor D Hayes declared a Significant, Non-Pecuniary Interest and vacated the chamber, the time being 7:16pm.

19/424 RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

That Council:

a note the submissions received during the exhibition period for planning proposals LEP11/0003, 3870 Sturt Highway, Gumly Gumly and LEP12/0003, Various lots on Sturt Highway, Gumly Gumly

b adopt planning proposals LEP11/0003 and LEP12/0003 to amend the Wagga Wagga Local Environmental Plan 2010

c adopt the amendment to the Wagga Wagga Development Control Plan 2010

d use delegation to approve the legal instrument and notify NSW Department of Planning, Industry and Environment to gazette the amendment

RECORD OF VOTING ON THE MOTION

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

Councillor D Hayes re-entered the chamber, the time being 7:16pm.

RP-6 Planning Proposal (LEP18/0001) to amend the Wagga Wagga Local Environmental Plan 2010 Exempt Provisions for Temporary Promotional Banners or Flags

19/425 RESOLVED:

On the Motion of Councillors P Funnell and K Pascoe

That Council:

a note the results of the public exhibition period for planning proposal LEP18/0001

b adopt planning proposal LEP18/0001 to amend the Wagga Wagga Local Environmental Plan 2010

c use delegation to approve the legal instrument and notify NSW Department of Planning, Industry and Environment to gazette the amendment

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-7 Financial Performance Report as at 31 October 2019

19/426 RESOLVED:

On the Motion of Councillors P Funnell and K Pascoe

That Council:

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

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

i Department of Communities and Justice $1,812 (Request 1)

ii Wagga Wagga & District Family History Society $95 (Request 2)

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 October 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
K Pascoe
D Tout

RP-8 Presentation of the 2018/19 Financial Statements

19/427 RESOLVED:

On the Motion of Councillors P Funnell and K Pascoe

That Council:

a receive the Audited Financial Statements, together with the Auditor’s Reports on the Financial Statements for the year ended 30 June 2019

b receive a further report if any submissions are received

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-9 NSW Department of Planning & Environment - Low Cost Loans Initiative - Round 2 Outcome

19/428 RESOLVED:

On the Motion of Councillors P Funnell and K Pascoe

That Council:

a note the approval received from the NSW Planning, Industry & Environment in relation to the Low Cost Loans Initiative (LCLI)

b approve the change in funding source to Loan Borrowings for the projects identified in the report

e approve the interest subsidy being returned to the appropriate funding sources upon receipt

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-10 ROADSIDE VEGETATION MANAGEMENT PLAN

19/429 RESOLVED:

On the Motion of Councillors P Funnell and K Pascoe

That Council:

a note that there were no public submissions received during the exhibition period of the draft Roadside Vegetation Management Plan

b adopt the draft Roadside Vegetation Management 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
K Pascoe
D Tout

RP-11 PARKING ENFORCEMENT AGREEMENTS

19/430 RESOLVED:

On the Motion of Councillors P Funnell and K Pascoe

That Council:

a endorse the continuation of parking restrictions for the Sturt Mall and Myers carparks as detailed in the report

b authorise the General Manager or their delegate to enter into a license agreement for a period of three years with a three year option with

i Shopping Centres Australasia Property Group RE Limited as responsible entity of the Shopping Centres Australasia Property Retail Trust for the purpose of enforcing parking restrictions at 135 Baylis Street (Sturt mall), Wagga Wagga

ii NB Bourke Pty Ltd for the purpose of enforcing parking restrictions at 233 Baylis Street (Myer), Wagga Wagga

c authorise the affixing of Council’s seal to 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

RP-12 Ladysmith Village - Application for control of Crown Roads

Councillor K Pascoe declared a Non-Significant, Non-Pecuniary Interest and vacated the chamber, the time being 7:16pm.

19/431 RESOLVED:

On the Motion of Councillors R Kendall and V Keenan

That Council:

a apply to NSW Department of Planning, Industry and Environment – Crown Lands for control of Borambola Street, Ladysmith

b note the application may result in the requirement to apply for control of other formed Crown roads in Ladysmith

c apply to NSW Department of Planning, Industry and Environment – Crown Lands for control of any other formed Crown roads in Ladysmith as required by NSW Department of Planning, Industry and Environment – Crown Lands subsequent to receiving the initial application

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 7:17pm.

QUESTIONS/BUSINESS WITH NOTICE

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

1. Councillor P Funnell expressed his thanks to everyone from Council, SES, Emergency Services, and Maritime Services that were involved in the rescue and recovery of the boat following it’s explosion last week on Lake Albert. He also expressed thanks and appreciation from the family involved who are very grateful for everyone’s help and assistance.

2. Councillor V Keenan acknowledged that today is International Day for the Elimination of Violence Against Woman, which is a really important day, in particular with Wagga Wagga City Council currently undertaking significant work in relation to gender equity and reducing domestic violence rates in Wagga Wagga. Councillor V Keenan stated that we have a long way to go, but with the actions that we are doing as a Council and through the gender equity project that we are starting to take those first steps.

3. Councillor R Kendall raised a question in regards to fuel reduction within our natural bushland areas, in particular areas controlled by Council. Has Council undertaken any fuel reduction in the past or considered options for fuel reduction, in particular to those areas in close proximity to housing.

4. Councillor K Pascoe congratulated staff and contractors on the levee project and stated that it makes him really proud of what is happening along the levee bank, with works undertaken and he can’t wait for it to be completed, including opening the remaining sections of the levee.

5. Councillor D Tout acknowledged the 40^th Birthday of Council’s Livestock Marketing Centre and thanked staff for the celebrations held today and the continued successful operations of the facility.

closed COUNCIL

19/432 RESOLVED:

On the Motion of Councillors V Keenan and R Kendall

That the Council now resolve itself into a Closed Council, the time being 7.26pm.

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

CONFIDENTIAL REPORTS

CONF-1 RFT2019-39 WEBSITE REDEVELOPMENT (DIGITAL REFRESH - STAGE 1)

19/433 RESOLVED:

On the Motion of Councillors P Funnell and K Pascoe

That Council:

a accept the offer of Ivory Information Technology Pty Ltd (ABN: 35 633 995 061) for the Website Redevelopment in the lump sum amount of $133,275 excluding GST

b authorise the General Manager or their delegate to enter into a contract with Ivory Information Technology Pty Ltd (ABN: 35 633 995 061) for the Website Redevelopment

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
G Conkey OAM
P Funnell
D Hayes
V Keenan
R Kendall
K Pascoe
D Tout

CONF-2 RFT2020-07 WWCC Solar Project

19/434 RESOLVED:

On the Motion of Councillors P Funnell and K Pascoe

That Council:

a accept the offer of KGM Services Pty Ltd trading as Solar Professionals (ABN: 16 142 444 380) for the design and construction of Solar Photovoltaic Systems for their lump sum amount of $291,302 excluding GST

b authorise the General Manager or their delegate to enter into a contract with KGM Services Pty Ltd trading as Solar Professionals (ABN: 16 142 444 380) for the design and construction of Solar Photovoltaic Systems

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

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
K Pascoe
D Tout

CONF-3 PROPOSED PLANNING AGREEMEENTS

19/435 RESOLVED:

On the Motion of Councillors P Funnell and K Pascoe

That Council:

a support the recommendation not to proceed with the proposed planning agreement with Damasa in relation to their development in the Morgan/Murray/Forsyth Streets precinct, which forms planning proposal LEP19/0002

b support the recommendation not to proceed with the proposed planning agreement with Gordan Saggers in relation to Lot 11, DP 248478

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 DERELICT HOUSE DEMOLITION

19/436 RESOLVED:

On the Motion of Councillors P Funnell and K Pascoe

That Council:

a receive and note the report

b proceed with demolition of the house located at 32 Tichborne Crescent, Kooringal

c recover all costs associated with the demolition from the property owner

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-5 PROPOSED LICENCE AGREEMENT FOR MESSENGER AVENUE ACCESS

Councillor D Hayes declared a Significant, Non-Pecuniary Interest and vacated the chamber, the time being 7:28pm.

19/437 RESOLVED:

On the Motion of Councillors P Funnell and V Keenan

That Council:

a enter into an access licence agreement with the party named in the body of this report upon the provisions outlined in the body of this report for access to land at Boorooma

b receive a further report concerning the acquisition of land required to complete Messenger Avenue

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

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

e 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
V Keenan
R Kendall
K Pascoe
D Tout

Councillor D Hayes re-entered the chamber, the time being 7:29pm.

CONF-6 Code of Conduct matter

Councillor V Keenan vacated the chamber, the time being 7:29pm.

Councillor P Funnell vacated the chamber, the time being 7:36pm

19/438 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council:

a notes it is in receipt of a final investigation report submitted to the Council for consideration in accordance with the Code of Conduct and Administrative Procedures for the Code of Conduct, and which has been made available to Councillors with the confidential business paper for this meeting

b notes the findings made by the investigator that Councillor Paul Funnell breached clause 3.3 of Council’s Code of Conduct (September 2017) by failing to treat Councillor Vanessa Keenan with respect at all times in communications both in email correspondence and during meetings of Council in 2017, in particular on 27 November 2017

c accepts the recommendations of the investigator, made under Clause 8.35(g) of the Procedures for the Administration of the Code of Conduct, and accordingly resolves that Councillor Paul Funnell be formally censured for the breach, under Section 440G of the Local Government Act 1993 (NSW)

RECORD OF VOTING ON THE MOTION

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

Councillor V Keenan re-entered the chamber, the time being 7:55pm.

Councillor P Funnell re-entered the chamber, the time being 7:55pm.

Reversion to open COUNCIL

19/439 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 7.57pm.

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 8.00pm.

…………………………………………………..

MAYOR