Minutes of Ordinary Meeting of Council - Monday, 26 October 2020

Minutes of the Ordinary Meeting of Council held on Monday 26 October 2020.

The Mayor, Councillor Greg Conkey OAM

Councillor Yvonne Braid OAM

Councillor Paul Funnell

Councillor Dan Hayes

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 Community Services (Ms M Scully)

Manager Environmental & City Compliance (Mr M Gardiner)

Manager Corporate Strategy & Communications (Mr S Gray)

Social Planning Coordinator (Ms L Saffery)

Corporate Governance Coordinator (Mrs N Johnson)

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

Communications & Engagement Officer (Mr S Shaw)

Communications & Engagement Officer (Ms M Oldaker)

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.

An apology for non-attendance was received and accepted for Councillor V Keenan.

Confirmation of Minutes

CM-1 CONFIRMATION OF MINUTES - 12 OCTOBER 2020

20/399 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That the Minutes of the proceedings of the Ordinary Council Meeting held on 12 October 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
R Kendall
T Koschel
K Pascoe
D Tout

Declarations Of Interest

Councillor T Koschel declared a Non-Significant Non-Pecuniary Interest in RP-6 Financial Performance Report as at 30 September 2020/21 the reason being that his employer is named in the report and remained in the chamber during its consideration.

Councillor K Pascoe declared a Pecuniary Interest in CONF-2 RFT2021-01 READY MIX CONCRETE & ASSOCIATED PRODUCTS SUPPLY the reason being that a business mentioned in the report, supply his company and vacated the chamber during its consideration.

Councillor P Funnell declared a Non-Significant Non-Pecuniary Interest in RP-9 Model Code of Conduct and Administrative Procedures the reason being that he has been subject to Code of Conducts complaints and remained in the chamber during its consideration.

Councillor R Kendall declared a Non-Significant Non-Pecuniary Interest in RP-9 Model Code of Conduct and Administrative Procedures the reason being that he is aware of a Code of Conduct matter and remained in the chamber during its consideration.

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

20/400 RESOLVED:

On the Motion of Councillors T Koschel and P Funnell

That Council bring forward consideration of EnGlobo to precede 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
R Kendall
T Koschel
K Pascoe
D Tout

PROCEDURAL MOTION - ENGLOBO

20/401 RESOLVED:

On the Motion of Councillors T Koschel 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-7, RP-8, RP-10 to RP-12, 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
R Kendall
T Koschel
K Pascoe
D Tout

PUBLIC DISCUSSION FORUM

RP-3 DRAFT LAKE ALBERT PLAN OF MANAGEMENT

· Mick Henderson – speaking against the report

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

20/402 RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

That Council bring forward consideration of RP-3 DRAFT LAKE ALBERT PLAN OF MANAGEMENT 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
R Kendall
T Koschel
K Pascoe
D Tout

Reports from Staff

RP-3 DRAFT LAKE ALBERT PLAN OF MANAGEMENT

20/403 RESOLVED:

On the Motion of Councillors R Kendall and P Funnell

That Council:

a refer the Lake Albert Draft Plan of Management to the NSW Department of Planning, Industry and the Environment for review and consent to place on public exhibition

b subject to consent from the NSW Department of Planning, Industry and Environment place the non-confidential sections of the Lake Albert Draft Plan of Management on public exhibition in accordance with s38 of the Local Government Act 1993 for a period of at least 28 days and invite interested members of the community to make comment

c at the conclusion of the public notice period conduct a public hearing in accordance with s40A of the Local Government Act 1993

d receive a further report concerning the outcomes of the public notice period and public hearing

e note that the future use and management of Lot 1 DP 1260459 is currently uncommitted to any purpose and public comment on this future use will be reported and considered at the public hearing

RECORD OF VOTING ON THE MOTION

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

RP-1 Wagga Wagga Pedestrian Walkway Review Report

20/404 RESOLVED:

On the Motion of Councillors T Koschel and R Kendall

That Council:

a receive and note the report

b endorse the recommendations contained in this report

c note the expenditure allocations from Council’s operational budget 20/21 as detailed in the financial implications 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
R Kendall
T Koschel
K Pascoe
D Tout

RP-2 Exhibition of Draft Wagga Wagga Local Strategic Planning Statement

20/405 RESOLVED:

On the Motion of Councillors T Koschel and K Pascoe

That Council:

a notes the content of the draft Wagga Wagga Local Strategic Planning Statement

b places the draft Wagga Wagga Local Strategic Planning Statement on public exhibition for a period of 42 days:

i inviting public submissions on the draft document

ii undertaking community engagement including workshops, stakeholder discussions and drop-in sessions

c receives a further report following the public exhibition period

i addressing any submissions made in respect to the draft Wagga Wagga Local Strategic Planning Statement

RECORD OF VOTING ON THE MOTION

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

RP-3 - DRAFT LAKE ALBERT PLAN OF MANAGEMENT moved forward to follow the public discussion forum.

RP-4 Welcoming Cities membership

20/406 RESOLVED:

On the Motion of Councillors P Funnell and T Koschel

That Council:

a join the Welcoming Cities program as a free member

b review participation after 12 months

RECORD OF VOTING ON THE MOTION

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

RP-5 ANNUAL FINANCIAL STATEMENTS 2019/20

20/407 RESOLVED:

On the Motion of Councillors T Koschel and R Kendall

That Council:

a note the comments from the Audit, Risk & Improvement Committee Chairperson and the recommendation to Council from the Committee regarding the 2019/20 Financial Statements

b approve the signing of the 2019/20 Financial Statements pursuant to Section 413 (2)(c) of the Local Government Act 1993 with an additional note to Note 26 to disclose the Pomingalarna Multi-Sport Complex contract signed on 3 August 2020 for a price of $8.1million

c approve the closing balances of the Restricted Assets (Reserves) as at 30 June 2020 as detailed in Note 7 (c) – Restricted cash, cash equivalents and investments

d receive a report on the audited financial reports and auditors report at the 23 November 2020 Council Meeting, pursuant to Section 418(1) of the Local Government Act 1993 and provide public notice accordingly

RECORD OF VOTING ON THE MOTION

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

RP-6 Financial Performance Report as at 30 September 2020

20/408 RESOLVED:

On the Motion of Councillors P Funnell and D Hayes

That Council:

a approve the proposed 2020/21 budget variations for the month ended 30 September 2020 and note the proposed deficit budget position as a result of COVID-19

b note the financial information presented in the report on Council’s 2020/21 budget and the continued impact due to COVID-19

c approve the Pending Project budgets outlined within the report to be included in the 2020/21 Confirmed Capital Works Delivery Program

d 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

e note the details of the external investments as at 30 September 2020 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
R Kendall
T Koschel
K Pascoe
D Tout

RP-7 Proposed New and Amended Fees and Charges for 2020/21

20/409 RESOLVED:

On the Motion of Councillors T Koschel and K Pascoe

That Council:

a place the following new fee on public exhibition for a period of 28 days from 27 October 2020 to 24 November 2020:

Item Number

Fee and Charge Description

Pricing Policy ID

2020/21 Fee

(exc GST)

GST

2020/21 Fee (incl GST)

Basis

NEW

Other Social/community group (not-for-profit)

E

50% reduction in hire rates associated with Playsession Hall Venue Hire (items number 0569 and 0570)

Each

b invite public submissions on the proposed new fee until 24 November 2020

c receives a further report following the public exhibition period:

i addressing any submission made in respect of the proposed new fee

ii proposing adoption of the new fee unless there are any recommended amendments that will require 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
R Kendall
T Koschel
K Pascoe
D Tout

RP-8 FEES AND CHARGES AMENDMENT - WASTE CHARGES ON PROPERTIES WITH A SECONDARY DWELLING

20/410 RESOLVED:

On the Motion of Councillors T Koschel and K Pascoe

That Council:

a note that no public submissions were received during the public exhibition period for the Family Secondary Dwelling: Additional Domestic Waste Management Service Charge.

b adopt the following new fees and charges wavier and include within the 2020/21 Fees and Charges:

Family Secondary Dwelling:

Additional Domestic Waste Management Service Charge:

Waive on application and Council Officer approval – the second Domestic Waste Management Service Charge – Urban Residential - where the waste requirements deem the 2nd service unnecessary.

Supporting documentation: Statutory Declaration signed by all owners, stating relationship to occupant of second dwelling and request to remove service and associated charges.

Annual validation of the application is required by the submission of current documentation as detailed above. This will include review of any complaints (contamination, back yard burning, etc). Upon approval, property is no longer eligible for any other subsidised waste service (large family, medical waste).

RECORD OF VOTING ON THE MOTION

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

RP-9 Model Code of Conduct and Administrative Procedures

20/411 RESOLVED:

On the Motion of Councillors R Kendall and D Hayes

That Council adopt the Code of Conduct and Procedures for the Administration of the Code of Conduct.

Councillor P Funnell abstained from voting on the matter, this is therefore recorded as a vote against the Motion.

RECORD OF VOTING ON THE MOTION

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

RP-10 2021 COUNCIL MEETING DATES

20/412 RESOLVED:

On the Motion of Councillors T Koschel and K Pascoe

That Council endorse the schedule of Ordinary Council meetings for the period January 2021 to December 2021 as outlined in the report.

RECORD OF VOTING ON THE MOTION

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

RP-11 RESOLUTIONS AND NOTICES OF MOTIONS REGISTERS

20/413 RESOLVED:

On the Motion of Councillors T Koschel and K Pascoe

That Council receive and note the following registers:

a Active Resolutions as at 14 October 2020

b Active Notice of Motions as at 14 October 2020

c Resolutions including Notice of Motions completed from 16 September 2020 to 14 October 2020

RECORD OF VOTING ON THE MOTION

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

RP-12 RESPONSE TO QUESTIONS/BUSINESS WITH NOTICE

20/414 RESOLVED:

On the Motion of Councillors T Koschel 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
R Kendall
T Koschel
K Pascoe
D Tout

Committee Minutes

M-1 Audit, Risk and Improvement Committee Minutes - 8 October 2020

20/415 RESOLVED:

On the Motion of Councillors T Koschel and K Pascoe

That Council endorses the recommendations contained in the Minutes of the Audit, Risk and Improvement Committee Meeting held on 8 October 2020.

RECORD OF VOTING ON THE MOTION

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

QUESTIONS/BUSINESS WITH NOTICE

Councillor P Funnell requested an update on the works program and status of the upgrade and re-surfacing of Farrer Road.

Councillor P Funnell requested confirmation of the date when Council previously considered a referendum for a popularly elected Mayor.

Councillor P Funnell request an update in relation to mowing of the Oura area.

Councillor P Funnell advised that due to the current rain conditions, urgent works are required to repair potholes in the area of Old Narrandera Road, Pine Gully Road and the Olympic Highway.

Councillor T Koschel passed on his thanks and appreciation to staff who arranged for the mowing of the park in Truscott Drive, Ashmont.

Councillor T Koschel requested updated advice on Council’s mowing schedule as a result of significant growth in recent weeks.

Councillor K Pascoe received positive feedback from a member of the public who wished to pass on gratitude and thanks to Council’s Recreation Assets Officer, Rob Owers and the Recreation Team for installing the Gracelands Jump Track.

Councillor K Pascoe advised that he attended the Football Wagga Grand final on the weekend at McDonalds Park and praised staff for the fantastic condition of the ground.

Councillor D Hayes requested advice regarding the change of process in relation to the release of unconfirmed minutes to Councillors and the community.

Councillor D Hayes congratulated event organisers for the successful Rocket League E-Sport competition and the two Wagga teams, ‘Don’t you fix potholes’ and ‘373’ who were successful in winning the challenge.

The Mayor, Councillor G Conkey OAM provided a slashing update for the North Wagga area advising that 70% of the slashing had been completed.

closed COUNCIL

20/416 RESOLVED:

On the Motion of Councillors D Hayes and T Koschel

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 RFT2021-05 PROVISION OF TRAFFIC CONTROL SERVICES

20/417 RESOLVED:

On the Motion of Councillors T Koschel and K Pascoe

That Council:

a accept the tenders of Riverina Traffic Control and Lack Group Traffic for the provision of Traffic Control Services at their submitted schedules of rates

b authorise the General Manager or his delegate to enter into contracts with Riverina Traffic Control Pty Ltd and Lack Group Traffic Pty Ltd for the provision of Traffic Control Services

c authorise the General Manager or his delegate to extend the Contract as set out in the Contract documents

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
R Kendall
T Koschel
K Pascoe
D Tout

CONF-2 RFT2021-01 READY MIX CONCRETE & ASSOCIATED PRODUCTS SUPPLY

Councillor K Pascoe declared a Pecuniary Interest and vacated the chamber, the time being 7:26pm.

20/418 RESOLVED:

On the Motion of Councillors P Funnell and T Koschel

That Council:

a accept the tender of Murcury Group Pty Ltd trading as Supermix Concrete for the provision of ready-mix concrete and associated products in the schedule of rates submitted with their tender

b authorise the General Manager or his delegate to enter into a one (1) year contract with Murcury Group Pty Ltd trading as Supermix Concrete for the provision of ready-mix concrete and associated products

c authorise the General Manager or his delegate to extend the Contract by one (1) year as set out in the Contract documents

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
R Kendall
T Koschel
D Tout

Councillor K Pascoe re-entered the chamber, the time being 7:33pm.

Reversion to open COUNCIL

20/419 RESOLVED:

On the Motion of Councillors P Funnell and R Kendall

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 7.33pm.

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 7.35pm.

…………………………………………………..

MAYOR