Minutes of Ordinary Meeting of Council - Monday, 12 October 2020

Minutes of the Ordinary Meeting of Council held on Monday 12 October 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 Operations (Mr W Faulkner)

Director Projects & Strategy (Mr D Raeck)

Director Regional Activation (Mr M Keys)

Manager Audit, Risk & Governance (Ms I Hensley)

Manager Finance (Mrs C Rodney)

Manager Corporate Strategy & Communications (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 K West)

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

Confirmation of Minutes

CM-1 Ordinary Council Meeting - 14 and 28 September 2020

20/384 RESOLVED:

On the Motion of Councillors D Hayes and V Keenan

That the Minutes of the proceedings of the Meeting held on 14 and 28 September 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
T Koschel
K Pascoe
D Tout

Declarations Of Interest

Councillor D Hayes declared a Non-Significant Non-Pecuniary Interest in RP-1- DA19/0654 - STABLE COMPLEX, MURRUMBIDGEE TURF CLUB, 140 TRAVERS STREET, WAGGA WAGGA NSW 2650 the reason being that the house he rents is within a couple of blocks of the development and remained in the chamber during its consideration.

Councillor D Hayes declared a Significant Non-Pecuniary Interest in CONF-2 CODE OF CONDUCT MATTER the reason being a person named in the report are involved in the executive of a group of which he is a member and vacated the chamber during its consideration.

Councillor V Keenan declared a Significant Non-Pecuniary Interest in CONF-2 Code of Conduct matter the reason being that a witness named in the report is someone that she is a member of an organisation with and vacated the chamber during its consideration.

Councillor T Koschel declared a Non-Significant Non-Pecuniary Interest in RP-1 DA19/0654 - STABLE COMPLEX, MURRUMBIDGEE TURF CLUB, 140 TRAVERS STREET, WAGGA WAGGA NSW 2650 the reason being that a staff member from the MTC made contact with him to see if he had any questions in relation to the development and remained in the chamber during its consideration.

Councillor T Koschel declared a Significant Non-Pecuniary Interest in NOM-1 SPORTSGROUND NAMING SIGNAGE the reason being that a member of his family has naming rights at a sportsground and vacated the chamber during its consideration.

Councillor D Tout declared a Significant Non-Pecuniary Interest in RP-3 Community Support Program the reason being he is the Assistant Treasurer for CareVan and vacated the chamber during its consideration.

The Mayor, Councillor G Conkey OAM declared a Non-Significant Non-Pecuniary Interest in RP-3 Community Support Program the reason being that his wife is a volunteer for CareVan and remained in the chamber during its consideration.

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

20/385 RESOLVED:

On the Motion of Councillors T Koschel and R Kendall

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

PROCEDURAL MOTION - ENGLOBO

20/386 RESOLVED:

On the Motion of Councillors T Koschel and D Tout

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, M-1 and CONF-1, be adopted as recommended in the business papers.

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

PUBLIC DISCUSSION FORUM

RP-1 DA19/0654 - STABLE COMPLEX, MURRUMBIDGEE TURF CLUB, 140 TRAVERS STREET, WAGGA WAGGA NSW 2650

· Mrs Tricia Harrison – Speaking against the report

· Mr Steven Keene – Speaking for the report

· Mr Garry Salvestro – Speaking for the report

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

20/387 RESOLVED:

On the Motion of Councillors T Koschel and P Funnell

That Council bring forward consideration RP-1 - DA19/0654 - STABLE COMPLEX, MURRUMBIDGEE TURF CLUB, 140 TRAVERS STREET, WAGGA WAGGA NSW 2650 to follow the public discussion forum.

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-1 DA19/0654 - STABLE COMPLEX, MURRUMBIDGEE TURF CLUB, 140 TRAVERS STREET, WAGGA WAGGA NSW 2650

20/388 RESOLVED:

On the Motion of Councillors P Funnell and T Koschel

That Council approve DA19/0654 for a stable complex at the Murrumbidgee Turf Club, Lot 2 DP 840187, Lot 1 DP 663066 & Lot 7314 DP 1141841, Beckwith Street, Wagga Wagga, subject to the conditions outlined in the Section 4.15 Assessment Report.

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

Division

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

Motions Of Which Due Notice Has Been Given

NOM-1 SPORTSGROUND NAMING SIGNAGE

Councillor T Koschel declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 6:50pm.

20/389 RESOLVED:

On the Motion of The Mayor G Conkey OAM and Councillor R Kendall

That Council receive a report reviewing existing sports ground naming signage and identifying ways to improve recognition of the history of the names.

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 re-entered the chamber, the time being 6:58pm.

Reports from Staff

RP-1 DA19/0654 - STABLE COMPLEX, MURRUMBIDGEE TURF CLUB, 140 TRAVERS STREET, WAGGA WAGGA NSW 2650, moved forward to follow the public discussion forum.

RP-2 Proposed Amendments to Policy 030 - Contaminated Lands Policy

20/390 RESOLVED:

On the Motion of Councillors T Koschel and D Tout

That Council:

a note the amendment is minor and does not require public exhibition

b endorse and adopt the update to the Contaminated Lands Policy – POL 030

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

Councillor P Funnell vacated the chamber the time being 6:59pm.

RP-3 Community Support Program

Councillor D Tout declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 6:59pm.

20/391 RESOLVED:

On the Motion of Councillors T Koschel and R Kendall

That Council allocate the remaining funds in the amount of $7,861.91, to the Section 356 fee waiver financial assistance budget.

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 D Tout re-entered the chamber, the time being 7.00pm.

Councillor P Funnell re-entered the chamber, the time being 7:01pm.

RP-4 DISCLOSURE OF PECUNIARY INTEREST RETURNS - COUNCILLORS AND DESIGNATED STAFF 2020

20/392 RESOLVED:

On the Motion of Councillors T Koschel and D Tout

That the Register of Pecuniary Interest Returns, containing current returns of Councillors and Designated Staff for the period 1 July 2018 to 30 June 2019 be tabled in accordance with Clause 4.21 of the Model Code of Conduct.

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 RESPONSE TO QUESTIONS/BUSINESS WITH NOTICE

20/393 RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

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 CRIME PREVENTION WORKING GROUP

20/394 RESOLVED:

On the Motion of Councillors T Koschel and D Tout

That Council:

a receive the minutes of the Crime Prevention Working Group Meeting held on 21 September 2020

b not proceed with a public expression of interest process to fill the current two vacant positions of the Crime Prevention Working Group for the reasons detailed in 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
D Tout

QUESTIONS/BUSINESS WITH NOTICE

Councillor D Hayes requested advice on what options Council are considering, to support and assist local business, as a result of easing COVID-19 restrictions for outdoor dining.

Councillor P Funnell made a statement in relation to the current ICAC proceedings in Sydney. Putting on public record that he did not attend and was not involved with the UWE project and facility opening in Leeton with the previous Mayor.

closed COUNCIL

20/395 RESOLVED:

On the Motion of Councillors T Koschel and P Funnell

That the Council now resolve itself into a Closed Council, the time being 7.11pm.

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

Confidential Reports

CONF-1 EXTENSION OF ACCESS LICENCE AGREEMENT FOR MESSENGER AVENUE

20/396 RESOLVED:

On the Motion of Councillors T Koschel and D Tout

That Council:

a extend the term of the 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 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

d 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
D Tout

CONF-2 Code of Conduct matter

Councillor D Hayes declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 7:19pm.

Councillor V Keenan declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 7:19pm and did not return to the chamber.

Councillor P Funnell vacated the chamber, the time being 7:39pm and did not return to the chamber.

20/397 RESOLVED:

On the Motion of Councillors R Kendall and D Tout

That council:

a notes it is in receipt of a final investigation report of Graham Evans of O’Connell Workplace Relations, 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 clauses 3.1(a), 3.1(b), 3.1(e), 7.2(b) and 7.6(h) of Council’s Code of Conduct (2019) by engaging in conduct that that is likely to bring council or other council officials into disrepute; is contrary to statutory requirements or the council’s administrative requirements or policies; causes, compromises or involves intimidation or verbal abuse; in any public or private forum, directing, influencing or attempting to, any other member of staff in the exercise of their function; and engaging in inappropriate interactions involving the making of a personal attack on council staff

c that, in accordance with the Investigator’s recommendations, Councillor Paul Funnell be formally censured for the breach, under Clause 7.58(c) of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW 2020 and Section 440G of the Local Government Act 1993 (NSW) and that the matter also be referred to the Office of Local Government NSW for further action under the misconduct provisions 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
R Kendall	T Koschel
D Tout	K Pascoe

With the vote being tied three all, The Mayor, Councillor G Conkey OAM used his casting vote for the Motion.

Councillor D Hayes re-entered the chamber, the time being 8:02pm.

Reversion to open COUNCIL

20/398 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 8.03pm.

RECORD OF VOTING ON THE MOTION

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

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 8.06pm

…………………………………………………..

MAYOR