Minutes of Ordinary Meeting of Council - Monday, 15 June 2020

Minutes of the Ordinary Meeting of Council held on Monday 15 June 2020.

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 Commercial Operations (Ms C Angel)

Director Regional Activation (Mr M Keys)

Manager Audit, Risk & Governance (Ms I Hensley)

Manager Finance (Mrs C Rodney)

Manager Environmental & City Compliance (Mr M Gardiner)

Manager City Strategy (Mr T Kell)

Manager Corporate Strategy & Communications (Mr S Gray)

Manager Procurement Services (Mr D Butterfield)

Corporate Governance Coordinator (Mrs N Johnson)

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.

No apologies were received.

CONDOLENCE AND SYMPATHY

The Mayor, Councillor Greg Conkey OAM, acknowledged the passing of one of Wagga Wagga’s outstanding citizens and extended condolences and sympathy for late Priest Father Wilf Plunket OAM “a man of the people” and recognised his significant contribution to the City and people of the City, “he will be sadly missed”.

Confirmation of Minutes

CM-1 Ordinary Council Meeting - 25 May 2020

20/200 RESOLVED:

On the Motion of Councillors V Keenan and D Hayes

That the Minutes of the proceedings of the Ordinary Council Meeting held on 25 May 2020 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

Councillor T Koschel entered the meeting the time being 6:04pm.

Declarations Of Interest

Councillor R Kendall declared a Significant Non-Pecuniary Interest in CONF-4 - RFT2020-29 DESIGN & CONSTRUCT TWO BRIDGES MONA VALE & PALMERS ROADS the reason being that a Director/Owner of one of the tenderers is a business associate of his and vacated the meeting during its consideration.

Councillor K Pascoe declared a Non-Significant Non-Pecuniary Interest in CONF-4 - RFT2020-29 DESIGN & CONSTRUCT TWO BRIDGES MONA VALE & PALMERS ROADS the reason being that a Director/Owner of one of the tenderers is a business associate of his and vacated the meeting during its consideration.

Councillor K Pascoe declared a Non-Pecuniary Interest in RP-2 DRAFT DEVELOPMENT SERVICING PLAN STORMWATER the reason being that his business pays fees and charges to Council and vacated the chamber during its consideration.

Councillor T Koschel declared a Non-Significant Non-Pecuniary Interest in RP-5 POL 075 - Investment Policy the reason being that he works for a financial institution and remained in the chamber during its consideration.

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

20/201 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council bring forward consideration of EnGlobo to precede Motions of which due notice has been given.

PROCEDURAL MOTION - ENGLOBO

20/202 RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

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-4 to RP-6, M-1, CONF-1 to CONF-3, be adopted as recommended in the business papers.

Motions Of Which Due Notice Has Been Given

NOM-1 NOTICE OF MOTION - MURRAY DARLING ASSOCIATION

20/203 RESOLVED:

On the Motion of The Mayor Councillor G Conkey OAM and Councillor D Hayes

That Council receives a report to appoint one Councillor to be Wagga Wagga City Council’s representative for the Murray Darling Association.

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 - Status of Development Applications

20/204 RESOLVED:

On the Motion of Councillors P Funnell and T Koschel

That Council receives a report exploring options for contemporaneous and easily accessible information regarding:

a progress of Development Applications

b reasons and status for development applications that have not been approved

c in a determined timeframe (e.g. 90 days)

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-3 Notice of Motion - Livestock Marketing Centre Attendance and Operations

20/205 RESOLVED:

On the Motion of Councillors P Funnell and K Pascoe

That Council receive and note the additional information provided outlining a staged plan to progressively provide public access to the Livestock Marketing Centre as agreed by the Wagga Selling Agents Association and industry representatives.

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 Planning Proposal LEP19/0009 to rezone land at the junction of Edward Street and Pearson Street, Wagga Wagga

20/206 RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

That Council:

a note the receipt of a submission during the exhibition period for planning proposal LEP19/0009 and response to items raised in that submission;

b adopt planning proposal LEP19/0009 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 instrument

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 DRAFT DEVELOPMENT SERVICING PLAN STORMWATER

Councillor K Pascoe declared a Pecuniary Interest and vacated the meeting, the time being 6:47pm.

20/207 RESOLVED:

On the Motion of Councillors D Hayes and T Koschel

That Council:

a place the draft Development Servicing Plan Stormwater 2020 and the draft Implementation Guide for the Development Servicing Plan Stormwater 2020 on public exhibition for a period of 30 days from 30 May 2020 until 29 June 2020 and invite public submission until August 12, 2020

b place the minor amendment to Wagga Wagga Development Servicing Plan Stormwater – 2007 on public exhibition for a period of 30 days from 30 May 2020 until 29 June 2020 and invite public submission until August 12, 2020

c receive a further report following the public exhibition and submission period addressing any submissions made in respect to the draft Development Servicing Plan Stormwater 2020 and the draft Implementation Guide for the Development Servicing Plan Stormwater 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
T Koschel
D Tout

Councillor K Pascoe re-entered the meeting, the time being 6:53pm.

RP-3 DRAFT BIODIVERSITY STRATEGY: MALDHANGILANNA

20/208 RESOLVED:

On the Motion of Councillors V Keenan and D Hayes

That Council:

a endorse the draft Biodiversity Strategy:Maldhangilanna to be placed on public exhibition for a period of 28 days from 16 June 2020 and invite public submissions during that period

b receive a further report following the public exhibition period:

i addressing any submissions made in respect of the draft Strategy

ii proposing adoption of the draft Strategy 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
G Conkey OAM
P Funnell
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

RP-4 Outstanding Debtors deemed unrecoverable - Proposed Write Off List

20/209 RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

That Council:

a authorise, in accordance with Clause 131 of the Local Government (General) Regulation 2005, the write-off of outstanding user charges and fees totalling $4,001.37

b note the $7,033.90 total for outstanding accounts under $1,000 which are also to be written off under the General Manager’s delegation

c 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
T Koschel
K Pascoe
D Tout

RP-5 POL 075 - Investment Policy

20/210 RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

That Council:

a note the recommendation from the Audit, Risk and Improvement Committee contained within this report

b note that there are no proposed changes to POL 075 – Investment Policy

c adopt POL 075 – Investment 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
T Koschel
K Pascoe
D Tout

RP-6 RESPONSE TO QUESTIONS/BUSINESS WITH NOTICE

20/211 RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

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
T Koschel
K Pascoe
D Tout

Committee Minutes

M-1 Audit Risk and Improvement Committee - 7 May 2020

20/212 RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

That Council endorses the recommendations contained in the Minutes of the Audit, Risk and Improvement Committee Meeting held on 7 May 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
T Koschel
K Pascoe
D Tout

QUESTIONS/BUSINESS WITH NOTICE

Councillor R Kendall thanked the General Manager and senior staff for ongoing communication to Councillors and the general public on updated information as COVID-19 restrictions ease. He requested continuation of this advice in particular in regards to how to do business with Council and simple updates on Council facilities and services.

Councillor D Hayes requested a response to “has Council received any requests to change any street names”. The General Manager advised that to his knowledge no requests have been made.

Councillor P Funnell requested a review of reflectors on the road from Bomen to the Junee Shire boundary in the Hairfield area.

Councillor V Keenan requested an update on mobile food van permits including current numbers, regulations and if there is an opportunity to accommodate an increase in numbers or revise conditions due to COVID-19 restrictions which would allow businesses to trade in different capacities.

The Mayor, G Conkey OAM, reminded and encouraged Councillors and the community to participate in the Lost Lanes @ Home event on Saturday evening 20 June 2020.

closed COUNCIL

20/213 RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

That the Council now resolve itself into a Closed Council, the time being 7:03pm.

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

Confidential Reports

CONF-1 Farrer Road and Essential Energy

20/214 RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

That Council:

a acquire part of the land at 14 Farrer Road, Boorooma (Lot 1 DP 1130513) from Essential Energy as outlined in the body of this report for road widening purposes

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
D Tout

CONF-2 RFQ2020-546 Supply of One Wheel Loader

20/215 RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

That Council:

a accept the offer of Komatsu Australia Pty Ltd (ABN: 71 143 476 626) for one (1) Komatsu WA380-8 Wheel Loader in the amount of $338,650.00 excluding GST

b authorise the General Manager or their delegate to enter into a contract with Komatsu Australia Pty Ltd (ABN: 71 143 476 626) for one (1) Komatsu WA380‑8 Wheel Loader in the amount of $338,650.00 excluding GST

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
T Koschel
K Pascoe
D Tout

CONF-3 RFQ2020-553 Supply of One (1) Large Excavator

20/216 RESOLVED:

On the Motion of Councillors K Pascoe and P Funnell

That Council:

a accept the offer of CJD Equipment (ABN: 63 008 754 523) for one (1) Volvo EC300DL Excavator for the amount of $423,800.00 excluding GST

b authorise the General Manager or their delegate to enter into a contract with CJD Equipment (ABN: 63 008 754 523) for one (1) Volvo EC300DL Excavator for the amount of $423,800.00 excluding GST

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
T Koschel
K Pascoe
D Tout

CONF-4 RFT2020-29 DESIGN & CONSTRUCT TWO BRIDGES MONA VALE & PALMERS ROADS

Councillor R Kendall declared a Significant Non- Pecuniary Interest and vacated the meeting, the time being 7:04pm.

Councillor K Pascoe declared a Non-Significant Non- Pecuniary Interest and vacated the meeting, the time being 7:04pm.

20/217 RESOLVED:

On the Motion of Councillors T Koschel and P Funnell

That Council:

a accept the offer of Nelmac Pty Ltd (ABN: 65 105 667 856) for the design and construction of two bridges at Mona Vale Road and Palmers Road for the lump sum amount of $460,600 excluding GST.

b authorise the General Manager or their delegate to enter into a contract with Nelmac Pty Ltd (ABN: 65 105 667 856) for the design and construction of two bridges for their lump sum amount of $460,600 excluding GST

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
T Koschel
D Tout

Councillor R Kendall re-entered the meeting, the time being 7:05pm.

Councillor K Pascoe re-entered the meeting, the time being 7:05pm.

Reversion to open COUNCIL

20/218 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 7:05pm.

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 7:08pm.

…………………………………………………..

MAYOR