Minutes of the Ordinary Meeting of Council held on Monday 26 July 2021.

Present

The Mayor, Councillor Greg Conkey OAM

Councillor Yvonne Braid OAM

Councillor Dan Hayes

Councillor Vanessa Keenan

Councillor Rod Kendall

Councillor Tim Koschel

Councillor Kerry Pascoe

Councillor Dallas Tout

In Attendance

General Manager                                                                    (Mr P Thompson)

Director Community                                                               (Mrs J Summerhayes)

Director Infrastructure Services                                            (Mr W Faulkner)

Director Regional Activation                                                 (Mr M Keys)

Chief Financial Officer                                                           (Mrs C Rodney)

Chief Operating Officer                                                          (Mr S Gray)

Manager Audit, Risk & Governance                                    (Ms I Hensley)

Manager Community Services                                             (Ms M Scully)

Manager Project Delivery                                                      (Mr R Shah)

Senior Project Manager                                                         (Mr S Darby)

Executive Director Riverina Regional Library                    (Mr R Knight)

Manager Library Services                                                      (Mrs C Campbell)

Senior Financial Accountant                                                 (Mr Z Wilson)

Project Manager - Civil Infrastructure Projects                   (Ms S Miah)

Corporate Governance Coordinator                                    (Mrs N Johnson)

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

Strategic Recreation Officer (Mr P Cook)

Communications & Engagement Officer                             (Mr S Shaw)

Governance Officer                                                                (Ms K West)

Prayer

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

Wagga Wagga City Council acknowledges the traditional custodians of the land, the Wiradjuri people, and pays respect to Elders past, present and future and extends our respect to all First Nations Peoples in Wagga Wagga.

We recognise and respect their cultural heritage, beliefs and continuing connection with the land and rivers. We also recognise the resilience, strength and pride of the Wiradjuri and First Nations communities.

APOLOGIES

No apologies were received. 

Confirmation of Minutes

CM-1         Ordinary Council Meeting - 12 July 2020

21/213       RESOLVED:

On the Motion of Councillors T Koschel and R Kendall

That the Minutes of the proceedings of the Ordinary Council Meeting held on 12 July 2021 be confirmed as a true and accurate record.

CARRIED

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
D Tout

Declarations Of Interest

The Mayor, Councillor G Conkey OAM declared a Significant Non-Pecuniary Interest in RP-4  ANNUAL GRANTS PROGRAM 2021/22 - ARTS, CULTURE AND CREATIVE INDUSTRIES the reason being, he is a Wagga City Rugby Male Choir Committee member and vacated the chamber during its consideration.

The Mayor, Councillor G Conkey OAM declared a Non-Pecuniary Interest in RP-6  Annual Grants Program 2021/22 - Events the reason being, he is a member of the Wagga Country Club and remained in the chamber during its consideration.

The Mayor, Councillor G Conkey OAM declared a Non-Pecuniary Interest in RP-13 Annual Grants Program 2021/22 - Community Programs and Projects the reason being that a family member of his is a CareVan volunteer and remained in the chamber during its consideration.

The Mayor, Councillor G Conkey OAM declared a Non-Pecuniary Interest in RP-15 COMMUNITY@WORK FUND - OUTCOME OF GRANT FUNDING SUBMISSIONS the reason being that that a family member of his is a CareVan volunteer and remained in the chamber during its consideration.

Councillor D Hayes declared a Significant Non-Pecuniary Interest in RP-9 ANNUAL GRANTS PROGRAM 2021/22 - LOCAL HERITAGE  the reason being that an applicant mentioned in the report is affiliated with his workplace and vacated the chamber during its consideration.

Councillor D Hayes declared a Significant Non-Pecuniary Interest in RP-15   COMMUNITY@WORK FUND - OUTCOME OF GRANT FUNDING SUBMISSIONS the reason being that the applicant’s family has made campaign donations and vacated the chamber during its consideration.

Councillor R Kendall declared a Pecuniary Interest in RP-1 PLANNING PROPOSAL LEP 20/0010 the reason being that he has an interest in the property subject to this report and vacated the chamber during its consideration.

Councillor R Kendall declared a Pecuniary Interest in RP-15 COMMUNITY@WORK FUND the reason being that he is undertaking consulting work for one of the projects listed and vacated the chamber during its consideration.

Councillor R Kendall declared a Non-Significant Non-Pecuniary Interest in RP-21  PROPOSED ALL ABILITIES WHARF AT LAKE ALBERT the reason being that he is the Chair for a disability service and remained in the chamber during its consideration.

Councillor R Kendall declared a Non-Significant Non-Pecuniary Interest in CONF-6  PROPOSED ASSIGNMENT OF AIRPORT SUB-LEASES - LIGHT AIRCRAFT PRECINCT HANGAR SITE 17 the reason being that he knows at least one of the applicants and remained in the chamber during its consideration.

Councillor R Kendall declared a Non-Significant, Non-Pecuniary Interest in CONF-9 PROPERTY ACQUISITION - 54 JOHNSON ST, WAGGA WAGGA the reason being that he has an interest in a nearby property however any decision made on this property will have no direct impact on that property and remained in the chamber during its consideration.

Councillor V Keenan declared a Significant Non-Pecuniary Interest in RP-4 ANNUAL GRANTS PROGRAM 2021/22 - ARTS, CULTURE AND CREATIVE INDUSTRIES the reason being that she has a close relationship with one of the applicants and vacated the chamber during its consideration.

Councillor V Keenan declared a Significant Non-Pecuniary Interest in RP-13 Annual Grants Program 2021/22 - Community Programs and Projects the reason being that she is a member of the management committee for Wagga Women’s Health Centre and vacated the chamber during its consideration.

Councillor T Koschel declared a Non-Significant Non-Pecuniary Interest in RP-15 COMMUNITY@WORK FUND the reason being that he has attended a Tarcutta Progress Association meeting and is working with community members and remained in the chamber during its consideration.

Councillor T Koschel declared a Non-Significant Non-Pecuniary Interest in RP-16  2020/21 WORKS IN PROGRESS AND REVOTES, 2021/22 BUDGET VARIATIONS AND 30 JUNE 2021 INVESTMENT REPORT the reason being that his workplace is named in the report and remained in the chamber during its consideration.

Councillor T Koschel declared a Non-Significant Non-Pecuniary Interest in RP-19  IMPLEMENTATION OF INLAND WATER SAFETY MANAGEMENT PLAN UPDATE the reason being that the business he works for, were a sponsor of the Outback Lifesavers Program and remained in the chamber during its consideration.

Councillor K Pascoe declared a Significant Non-Pecuniary Interest in RP-1 PLANNING PROPOSAL LEP 20/0010 the reason being that he is undertaking a project with a building of a similar height and vacated the chamber during its consideration.

Councillor K Pascoe declared a Non Pecuniary Interest in RP-23 PETITION - WAGGA WAGGA RAIL TRAIL the reason being that is a member of the Riverina Highlands Rail Trail and is on the Committee and vacated the chamber during its consideration.

Councillor D Tout declared a Significant Non-Pecuniary Interest in RP-13 - Annual Grants Program 2021/22 - Community Programs and Projects the reason being that he is on the Board of CareVan the and vacated the chamber during its consideration.

Councillor D Tout declared a Significant Non-Pecuniary Interest in RP-15  COMMUNITY@WORK FUND - OUTCOME OF GRANT FUNDING SUBMISSIONS the reason being that that he is on the Board of CareVan and remained in the chamber during its consideration.

PROCEDURAL MOTION – CHANGE OF STANDING ORDERS

21/214       RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

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

CARRIED

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
D Tout

PROCEDURAL MOTION - ENGLOBO

21/215       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

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 CR-1, RP-2, RP-5, RP-7, RP-8, RP-11, RP-14, RP-17, RP-18, RP-20, RP-22, RP-25 to RP-27, M-1, M-2, CONF-1, CONF-2, CONF-5, CONF-7 and CONF-10, be adopted as recommended in the business papers.

CARRIED

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
D Tout

PUBLIC DISCUSSION FORUM

RP-12   RRL DEED OF AGREEMENT EXPIRY DATE AND WAGGA WAGGA CITY COUNCIL LIBRARY SERVICE OPTIONS

· Professor Annemaree Lloyd - Speaking in favour of the report

· Ms Belinda Crain - Speaking in favour of the report

RP-19     IMPLEMENTATION OF INLAND WATER SAFETY MANGAEMENT PLAN UPDATE

· Mr Rory McKenzie - Speaking in favour of the report

RP-23 PETITION - WAGGA WAGGA RAIL TRAIL

· Ms Kerrie Cullis - Speaking in favour of the report

· Mr John Craig - Speaking in favour of the report

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

21/216       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

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

· RP-12 - RRL Deed of Agreement expiry date and Wagga Wagga City Council Library service options

· RP-19 - Implementation of Inland Water Safety Management Plan update

· RP-23 - Petition - Wagga Wagga Rail Trail

CARRIED

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
D Tout

RP-12        RRL DEED OF AGREEMENT EXPIRY DATE AND WAGGA WAGGA CITY COUNCIL LIBRARY SERVICE OPTIONS

21/217       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council defer consideration of this report until further community consultation has been completed with villages that currently utilise the RRL Service.

CARRIED

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
D Tout

RP-19        IMPLEMENTATION OF INLAND WATER SAFETY MANAGEMENT PLAN UPDATE

21/218       RESOLVED:

On the Motion of Councillors V Keenan and T Koschel

That Council:

a       note the actions undertaken to-date against the recommendations in the Wagga Wagga Inland Water Safety Management Plan

b        endorse and implement the recommendations of the Wagga Wagga Beach Aquatic Safety Assessment

CARRIED

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
D Tout
RP-23        PETITION - WAGGA WAGGA RAIL TRAIL
21/219       RESOLVED: On the Motion of Councillors K Pascoe and T Koschel That Council: a receive and note the attached petition b reaffirm its support (as previously adopted in October 2016, February 2014 and February 2008) for the Wagga Wagga to Ladysmith Rail Trail concept to enable interested parties to make submissions for grant funding c approach State and Federal Governments regarding their current position in relation to rail trails d undertake a community consultation process with a view to identifying a pathway to pursue a rail trail in the Wagga Wagga Local Government Area (LGA); acknowledging the current active travel plan network e receive a further report back to Council prior to 30 April 2022 outlining responses to part (c) and (d) of this resolution CARRIED

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
D Tout

MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

NOM-1      NOTICE OF MOTION - TURVEY PARK AND MT AUSTIN PEDESTRIAN SAFETY IMPROVEMENTS

21/220       RESOLVED:

On the Motion of Councillors D Hayes and T Koschel

That Council receive a report outlining:

a       any possible pedestrian safety improvements along Mitchelmore Street and Northcott Parade

b       investigate improvements for pedestrian access to the Botanic Gardens facilities along Macleay Street from Urana Street and Hodson Avenue

c       consideration of any improvements to be included in any grant or funding opportunities and additions to future works plans

CARRIED

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
D Tout

Councillor Report

CR-1          NATIONAL GENERAL ASSEMBLY OF THE AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION

21/221       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council receive and note the report by the Mayor, Councillor Greg Conkey OAM, Councillor Dan Hayes and Councillor Rod Kendall regarding the 27 National General Assembly of the Australian Local Government Association.

CARRIED

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
D Tout

Reports from Staff

RP-1          Planning Proposal LEP20/0010 - Increase to Wagga Wagga LEP Height of Buildings standard at 63-65 Johnston Street

Councillor R Kendall declared a Pecuniary Interest and vacated the chamber, the time being 7:33pm.

Councillor K Pascoe declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 7:33pm.

21/222       RESOLVED:

On the Motion of Councillors T Koschel and D Hayes

That Council:

a       note the outcomes of public exhibition of Planning Proposal LEP20/0010 including submissions provided to Council

b       adopt Planning Proposal LEP20/0010 to amend the Wagga Wagga Local Environmental Plan 2010

c       use its delegation as the local plan making authority to approve the legal instrument and notify the NSW Department of Planning, Industry and Environment to gazette the instrument

CARRIED

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

For the Motion	Against the Motion
D Hayes	Y Braid OAM
V Keenan
T Koschel
D Tout
G Conkey OAM

Councillor R Kendall re-entered the chamber, the time being 7:51pm.

Councillor K Pascoe re-entered the chamber, the time being 7:51pm.

RP-2          Planning Proposal LEP20/0007 - Land zoning boundary adjustments to lands nearby Pine Gully Road, Avocet Drive and Rainbow Drive, Estella

21/223       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a       note the outcomes of public exhibition of Planning Proposal LEP20/0007;

b       include (as contained in this report) a site-specific clause within Part 7 of the Wagga Wagga Local Environmental Plan 2010 to ensure an active travel link is provided with future subdivision of the land;

c       adopt Planning Proposal LEP20/0007(as amended within this report) to amend the Wagga Wagga Local Environmental Plan 2010;

d       use its delegation as the local plan making authority to approve the legal instrument, notify the NSW Department of Planning, Industry and Environment to gazette the instrument.

CARRIED

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
T Koschel
K Pascoe
D Tout

RP-3          Annual Grants Program 2021/22 - Rural Halls

21/224       RESOLVED:

On the Motion of Councillors T Koschel and D Hayes

That Council:

a       approve the successful applications for the Rural Halls category of the 2021/22 Annual Grants Program as detailed in the report totalling $16,272

b       approve the budget transfers as detailed in the financial implications section of the report

CARRIED

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
D Tout

RP-4          Annual Grants Program 2021/22 - Arts, Culture and Creative Industries

Councillor G Conkey OAM declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 8:09pm.

Councillor V Keenan declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 8:09pm.

Deputy Mayor, Councillor D Tout assumed the Chair the time being 8:09pm.

21/225       RESOLVED:

On the Motion of Councillors T Koschel and D Hayes

That Council approve the successful applications for the Arts, Culture & Creative Industries Category of the 2021/22 Annual Grants Program as detailed in the report totalling $40,000.

CARRIED

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
D Tout

Deputy Mayor, Councillor D Tout vacated the Chair the time being 8:10pm.

The Mayor, Councillor G Conkey OAM re-entered the chamber, the time being 8:10pm.

Councillor V Keenan re-entered the chamber, the time being 8:10pm.

RP-5          Annual Grants Program 2021/22 - Recreational Facilities

21/226       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a       approve the successful applications for the Recreational Facilities category of the 2021/22 Annual Grants Program as detailed in the report totalling $32,086

b       approve the budget transfers as detailed in the financial implications section of the report

CARRIED

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
D Tout

RP-6          Annual Grants Program 2021/22 - Events

21/227       RESOLVED:

On the Motion of Councillors D Hayes and V Keenan

That Council:

a       approve the successful applications for the Events category of the 2021/22 Annual Grants Program as detailed in the report totalling $20,000

b        carryover $2,274 in funds from the 2020/21 COVID-19 Fast Track Event Sponsorship budget and make it available to the 2021/21 financial year Events Annual Grant Program

c        increase the grant funding amount proposed to be provided to the Thirsty Crow “Ocrowberfest” event as noted in this report by the additional $2,274 as noted in (b) above

CARRIED

RECORD OF VOTING ON THE MOTION

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

RP-7          Annual Grants Program 2021/22 - Youth Led Initiatives

21/228       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council approve the successful applications for the Youth Led Initiatives category of the 2021/22 Annual Grants Program as detailed in the report totalling $15,000.

CARRIED

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
D Tout

RP-8          Annual Grants Program 2021/22 - Natural Environment

21/229       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a       approve the successful applications for the Natural Environment category of the 2021/22 Annual Grants Program as detailed in the report totalling $7,000

b       approve the budget transfers as detailed in the financial implications section of the report

CARRIED

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
D Tout

RP-9          Annual Grants Program 2021/22 - Local Heritage

Councillor D Hayes declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 8:28pm.

21/230       RESOLVED:

On the Motion of Councillors T Koschel and R Kendall

That Council approve the successful applications for the Local Heritage category of the 2021/22 Annual Grants Program as detailed in the report totalling $15,500.

CARRIED

RECORD OF VOTING ON THE MOTION

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

Councillor D Hayes re-entered the chamber, the time being 8:29pm.

RP-10        Annual Grants Program 2021/22 - Neighbourhood and Rural Villages

21/231       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council approve the successful applications for the Neighbourhood and Rural Villages Category of the 2021/22 Annual Grants Program as detailed in the report totalling $22,000.

CARRIED

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
D Tout

RP-11        Annual Grants Program 2021/22 - Small Business

21/232       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council approve the successful applications for the Small Business category of the 2021/22 Annual Grants Program as detailed in the report totalling $12,500.

CARRIED

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
D Tout

RP-12     RRL Deed Of Agreement expiry date and Wagga Wagga City Council Library service options was moved forward to follow the public discussion forum.

RP-13        Annual Grants Program 2021/22 - Community Programs and Projects

Councillor V Keenan declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 8:29pm.

Councillor D Tout declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 8:29pm.

21/233       RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council approve the successful applications for the Community Programs and Projects Category of the 2021/22 Annual Grants Program as detailed in the report totalling $30,000.

CARRIED

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

Councillor V Keenan re-entered the chamber, the time being 8:30pm.

RP-14        APPLICATIONS FOR SUBSIDY FOR WASTE DISPOSAL FOR CHARITY OGANISATIONS

21/234       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council endorse the annual waste disposal subsidies for the total amount of $5,050.00 for 2021/22 for the applicants as referred to in this report.

CARRIED

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
D Tout

RP-15        COMMUNITY@WORK FUND - OUTCOME OF GRANT FUNDING SUBMISSIONS

Councillor D Hayes declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 8:30pm.

Councillor R Kendall declared a Pecuniary Interest and vacated the chamber, the time being 8:30pm.

Councillor D Tout declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 8:30pm.

21/235       RESOLVED:

On the Motion of Councillors T Koschel and Y Braid OAM

That Council approve the successful applications for the Community@Work Fund for the 2021/22 financial year, as detailed in the report totalling $44,296.

CARRIED

RECORD OF VOTING ON THE MOTION

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

Councillor D Hayes re-entered the chamber, the time being 8:31pm.

Councillor R Kendall re-entered the chamber, the time being 8:31pm.

Councillor D Tout re-entered the chamber, the time being 8:31pm.

RP-16        2020/21 WORKS IN PROGRESS AND REVOTES, 2021/22 BUDGET VARIATIONS AND 30 JUNE 2021 INVESTMENT REPORT

21/236       RESOLVED:

On the Motion of Councillors D Tout and D Hayes

That Council:

a       approve the proposed 2020/21 capital and operating budget revotes as presented in this report

b       note the 2020/21 capital and operating works in progress transfers as presented in this report

c       approve the proposed 2021/22 budget variations as presented in this report

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 June 2021 in accordance with section 625 of the Local Government Act 1993

CARRIED

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
D Tout

RP-17        SECTION 356 REQUESTS FOR FINANCIAL ASSISTANCE

21/237       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a       in accordance with Section 356 of the Local Government Act 1993, provide financial assistance to the following groups:

i.          Kooringal High School: $816.00 (Request 1)

ii.         Country Hope Camp Committee: $300.00 (Request 2)

iii.        Rotary Club of South Wagga Wagga: $2,400.00 (Request 3)

iv.       Riverina Conservatorium of Music: $650.00 (Request 4)

b       note the proposed budget available for financial assistance requests for the remainder of the 2021/22 financial year

CARRIED

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
D Tout

RP-18        Proposed New and Amended Fees and Charges for 2021/22

21/238       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a       place the following new fee on public exhibition for a period of 28 days from 27 July 2021 to 24 August 2021:

Item Number	Fee and Charge Description	Pricing Policy ID	2021/22 Fee (excl GST)	GST		2021/22 Fee (incl GST)	Basis
NEW	Conduct Money - Subpoenas	C	$30.00	$0.00	$30.00		Each

b       invite public submissions on the new and amended fees until 24 August 2021

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

d       approve the inclusion of the additional wording in the 2021/22 Fees and Charges document for community/not-for-profit organisation, as outlined in the body of the report

CARRIED

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
D Tout

RP-19     Implementation of Inland Water Safety Management Plan Update was moved forward to follow the Public Discussion Forum.

RP-20        Funding Offer - Renewal of Wagga Wagga Kart Club Facility

21/239       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a       accept the State Government grant offer of $407,407 of funding through the Regional Sport Facility Fund

b       in accordance with s55(3)(i) of the Local Government Act 1993, not invite tenders for a proposed project delivery contract for the upgrade of the track and drainage repair at the Wagga and District Kart Club track for the following reasons:

i      Council is satisfied that inviting tenders would not achieve a satisfactory result due to the unavailability of competitive tenderers as Wagga and District Kart Club will provide significant in-kind contributions during the upgrade of the track and drainage. This will include the project management and procurement processes associated with the project

ii     authorise the General Manager or their delegate to enter into a contract with Wagga and District Kart Club for the construction of the replacement synthetic surface for the upgrade of the track and drainage repair at the Wagga and District Kart Club track in the lump sum amount of $407,407 excluding GST

c       enter into a funding agreement with Wagga and District Kart Club to provide the $407,407 contribution from the grant funding towards the upgrade of the Kart track and drainage repair

d       authorise the affixing of Council’s Common Seal to all relevant documents as required

e       approve the budget variation as detailed in the Financial Implications section of the report

CARRIED

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
D Tout

RP-21        PROPOSED ALL ABILITIES WHARF AT LAKE ALBERT

21/240       RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council:

a       partner with the Wagga Wagga Boat Club, Wagga Wagga Sailing Club and Bidgee Dragons to complete the detailed investigations, designs and approvals for the construction of a wharf with all abilities access at the south west corner of Lake Albert

b       receive a report in relation to (a)

c       endorse the seeking of grant funding to allow implementation of the                   project

CARRIED

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
D Tout

RP-22        Proposed Extension of Area Licensed to Shaw Street Children's Centre Inc.

21/241       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a       agree to the extension of the area licensed by Shaw Street Children’s Centre Inc. within the parameters of and subject to the conditions outlined in the body of this report.

b       authorise the General Manager or their delegate to complete and execute any necessary documents on behalf of the Council

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

CARRIED

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
D Tout

RP-23   Petition - Wagga Wagga Rail Trail was moved forward to follow the Public Discussion Forum.

RP-24        2021 CARETAKER PERIOD

21/242       RESOLVED:

On the Motion of Councillors R Kendall and D Hayes

That Council:

a       note Section 393B of the NSW Local Government (General) Regulation 2005 limiting the exercise of functions by Council in the four (4) week period leading up to ordinary elections

b       delegate the necessary authority to the General Manager, Mr Peter Thompson, or his delegate to deal with any matters for which a decision of the Council would be required, other than those which cannot be delegated under Section 377 of the Local Government Act 1993, from 4 December 2021 until the declaration of the poll

c       in accordance with the Minister’s announcement to postpone the 2021 Local Government Election until 4 December 2021, add an additional Ordinary Meeting of Council on 13 September 2021

CARRIED

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
D Tout

RP-25        RESOLUTIONS AND NOTICES OF MOTIONS REGISTERS

21/243       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council receive and note the following registers:

a       Active Resolutions as at 20 July 2021

b       Active Notice of Motions as at 20 July 2021

c       Resolutions including Notice of Motions completed from 22 June 2021 to 20 July 2021

CARRIED

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
D Tout

RP-26        RESPONSE TO QUESTIONS/BUSINESS WITH NOTICE

21/244       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council receive and note the report.

CARRIED

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
D Tout

RP-27        GENERAL MANAGER'S REPORT - RIVERINA REGIONAL LIBRARY ADVISORY COMMITTEE MEETING - 31 MARCH 2021

21/245       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council receive and note this report.

CARRIED

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
D Tout

Committee Minutes

M-1            RIVERINA REGIONAL LIBRARY ADVISORY COMMITTEE MEETING - 31 MARCH 2021

21/246       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a       receive the minutes of the RRL Advisory Committee Meeting held on 31 March 2021

b       endorse the draft RRL Management Plan 2021/22

c       endorse the recommendation of the RRL Advisory Committee to transfer $700,000 from the unrestricted RRL reserve funds to the RRL Building Reserve ($500,000) and RRL Employees Separation Reserve ($200,000)

d       endorse the recommendation of the RRL Advisory Committee to reject the request from Wagga Wagga City Council (WWCC) to provide costings for a “Pick and Mix” service delivery model

e       endorse the recommendation of the RRL Advisory Committee, contingent upon WWCC retaining RRL membership beyond 30 June 2022, to adopt Model 4 - $190,000 Branch Library Contributions as the basis for future RRL member Councils’ financial contributions.

f        endorse the request for renewal of the RRL Administration Centre lease for a further five years from 1 October 2021 to 30 September 2026

CARRIED

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
D Tout

M-2            TRAFFIC COMMITTEE - ELECTRONIC MEETING - 13 MAY 2021 & 8 July 2021

21/247       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a       receive and note the minutes of the Local Traffic Committee e-meeting’s held on 13 May 2021 and 8 July 2021

b       note the Traffic Committee’s approval to change three 2P parking spaces in front of 133 Peter Street, Wagga Wagga to 10 minute short-stay parking between the hours 7:30am to 9:30am and 3:30pm to 6pm Weekdays

c       install a NO U TURN sign on the centre median on Docker Street, facing north-bound traffic, south of the intersection of Meurant Avenue

CARRIED

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
D Tout

Councillor T Koschel vacated the chamber the time being 9:05pm.

Councillor T Koschel re-entered the Chamber the time being 9:06pm.

QUESTIONS/BUSINESS WITH NOTICE

Councillor K Pascoe requested that Council inspect the footpath and access along Lansdowne Avenue from Plumpton Road towards Lakeside Drive and investigate the possibility of the installation of an invert to allow access for all users to the Lake Albert Pathway. In addition to the above question Councillor D Hayes requested an update on Council’s plan for pathways to Lake Albert.

Councillor K Pascoe requested that Council inspect Byrnes Road especially near the old wool scouring plant and provide an update on the deteriorating condition and possible maintenance of the road.

Councillor T Koschel requested advice on what the quorum is for a Council Meeting given the recent resignation of Councillor Paul Funnell.

The Mayor, Councillor G Conkey OAM advised that the quorum remains unchanged at half plus one which is five Councillors’.

Councillor T Koschel requested that Council inspect the condition of the roads in the area of Muttama Parade and Pine Gully Road and provide an update and advice in relation to possible maintenance of these roads.

Councillor T Koschel requested an update on the Bourke Street crossing after the recent fatality at this location.

The General Manager, Mr P Thompson advised that Council has conducted an audit on all crossings and will be approaching State Government for support to improve these crossings, advising that there are approximately seven crossings that need to be addressed.

Councillor T Koschel requested that Council investigate and provide advice in relation to flooding issues in the area of Main Street and Gregadoo Road, particularly in relation to increased development in the area and recent rain events.

Councillor T Koschel requested that Council inspect and provide advice on the loading zone and walkway behind the Leisure Company, with the laneway often being blocked due to current construction in the area, causing potential safety issues.

Councillor T Koschel requested feedback on what action Council are taking to minimise the impact of rising flood waters and the imminent seven meter river height and what communication Council will be providing to the community.

General Manager, Mr Peter Thompson advised that an initial conversation was held with NSW Water late this afternoon in relation to the seven metre river height level, which will allow the release of 50 gigalitres per day from Burrunjuck Dam.

NSW Water will be the lead agency in managing this process and will be handling all communication and community consultation. Council will not be providing separate communication to the community on the matter.

Councillor T Koschel requested advice on the role of the Floodplain Risk Management Committee and if they have meet to discuss this issue.

General Manager, Mr Peter Thompson advised this matter had only came to Council late this afternoon and therefore the Floodplain Risk Management Committee have not been advised as yet. He also advised that NSW Water were only in the consultation phase with no decisions made at that point in time.

Councillor R Kendall requested that Council where possible allocate additional resources to conduct necessary road repairs due to the impact of ongoing wet weather conditions, including identification and repair to high risk areas. Should this request be subject to budget implications that Council receive a report to consider funding options.

Councillor R Kendall requested a report to outline difficulties Council will face with a 4 December 2021 Local Government Election, whereby polls expected to be declared on 21-23 December 2021. In particular the proposed timeframe for the new Council to be inducted and meet, and also with particular reference to the Community Strategic Plan (CSP) reporting and the annual budget process.

General Manager, Mr Peter Thompson provided an outline of draft timeframes, considerations and challenges to be taken into account with further advice to be provided to Councillors and candidates once arrangements are finalised.

Councillor D Hayes requested information on what grants have Council applied for previously to upgrade Jubilee Park Athletics Track and facilities and what grants are currently available to apply for and will Council be applying, if not, why not?

Councillor D Hayes requested further advice on if Council have been advised of the timeframes for the replacement of suspension lighting by Essential Energy, including the crossing at Bourke Street?

Councillor D Hayes requested an update on the lighting at the crossing, of the active travel path along Kooringal Road outside the Cemetery.

Councillor D Hayes requested advice on the timeframe for repairs and maintenance of the Forest Hill Tennis Courts.

Councillor D Hayes requested feedback on options to reduce speed along Dunn’s Avenue in Forest Hill.

Director of Regional Activation, Mr M Keys, took a question on notice to provide feedback to Council in regards to river safety in particular:

· the status of the safe entry point at the Rocks

· the status of the air compressor request

· inclusion of river safety on Council’s risk register and

· consideration of multi lingual signage and education

closed COUNCIL

21/248       RESOLVED:

On the Motion of Councillors D Hayes and T Koschel

That the Council now resolve itself into a Closed Council, the time being 9.10pm.

CARRIED

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

Confidential Reports

CONF-1    RFQ2021-542 SUPPLY, SUPPLY & LAY DENSELY GRADED ASPHALT

21/249       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a       accept the offer of Fulton Hogan Industries Pty Ltd (ABN: 54 000 538 689) in the schedule of rates submitted with their offer for the supply, and the supply and laying of densely graded asphalt with the contract period expiring 30 June 2023

b       authorise the General Manager or their delegate to enter into a contract with Fulton Hogan Industries Pty Ltd (ABN: 54 000 538 689) for the supply, and the supply and laying of densely graded asphalt for period expiring 30 June 2023

c       authorise the affixing of Council’s Common Seal to all relevant documents as required

CARRIED

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
D Tout

CONF-2    RFQ2021-552 ATP II LAKE ALBERT LINKS ASPHALT CONCRETE

21/250       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a       accept the offer of CRS (NSW) Pty Ltd T/a Complete Road Seal (ABN: 76 133 263 779) for the design and construction of ATP II Lake Albert Links Asphalt Concrete in the lump sum amount of $1,609,856.27 excluding GST.

b       authorise the General Manager or their delegate to enter into a Contract with CRS (NSW) Pty Ltd T/a Complete Road Seal (ABN: 76 133 263 779) for the design and construction of ATP II Lake Albert Links Asphalt Concrete

c       authorise the affixing of Council’s Common Seal to all relevant documents as required

CARRIED

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
D Tout

CONF-3    RFT2021-24 ATP 1 CONCRETE SECTIONS DESIGN & CONSTRUCT

21/251       RESOLVED:

On the Motion of Councillors D Tout and D Hayes

That Council:

a       in accordance with Clause 178(1)(b) of the Local Government (General Regulation) 2005, decline all Tenders for the RFT2021-24 ATP 1 Concrete Works Design & Construct

b       pursuant to clause 178(3)(e) of the Local Government (General Regulation) 2005, authorise the General Manager, or their delegate, to enter into negotiations with any person including every entity which submitted a tender in the open tender process with the intention of entering into a contract for RFT2021-24 ATP 1 Concrete Works Design & Construct

c       in accordance with clause 178(4)(b) of the Local Government (General Regulation) 2005, the reasons for entering into direct negotiations are that none of the Tenders submitted satisfy Council’s requirements particularly in relation to price. Entering into negotiations should result in a price which meets the need of Council for the works as specified in the tender

d       authorise the General Manager or their delegate to enter into a contract, using Council’s Common Seal if required, should negotiations be successful, and the contract sum can be negotiated to within the price identified in the report

CARRIED

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
D Tout

CONF-4    RFT2021-22GWMC GAS TURBINE AND LEACHATE EVAPORATIVE SYSTEM DESIGN & CONSTRUCTION

21/252       RESOLVED:

On the Motion of Councillors D Tout and R Kendall

That Council:

a       in accordance with Clause 178(1)(b) of the Local Government (General Regulation) 2005, decline all tenders for the Gregadoo Waste Management Centre Gas Turbine and Leachate Evaporation System Design and Construction

b       pursuant to clause 178(3)(e) of the Local Government (General Regulation) 2005, authorise the General Manager, or their delegate, to enter into negotiations with any person with the intention of entering into a contract for the Gregadoo Waste Management Centre Gas Turbine and Leachate Evaporation System Design and Construction

c       in accordance with clause 178(4)(b) of the Local Government (General Regulation) 2005, the reasons for entering into direct negotiations are that none of the tenders submitted completely satisfy Council’s requirements and modifications are required before a contract can be executed, which cannot be done without entering into negotiations

d       authorise the General Manager or their delegate to enter into a contract, using Council’s Common Seal if required, should negotiations be successful

CARRIED

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
D Tout

CONF-5    PROPOSED SUB-LICENCE AGREEMENT FOR AIRPORT CAR HIRE DESK 3

21/253       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a       agree to enter into a sub-licence agreement with Lyme Hill Pty Ltd (CAN 067 571 448) upon the terms and conditions outlined in the body of this report.

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 as required.

CARRIED

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
D Tout

CONF-6    PROPOSED ASSIGNMENT OF AIRPORT SUB-LEASES - LIGHT AIRCRAFT PRECINCT HANGAR SITE 17

21/254       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a       agree to assign the Airport sub-leases over Light Aircraft Precinct Hangar Site 17 as per the details set out in the body of this report

b       delegate authority to the General Manager or their delegate to execute any necessary document on behalf of Council

c       authorise the affixing of Council’s Common Seal to documents relating to this matter as per the details set out in the body of this report

CARRIED

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
D Tout

CONF-7    PROPOSED SUB-LICENCE AGREEMENT FOR AIRPORT CAR HIRE DESK 4

21/255       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a       agree to enter into a sub-licence agreement with Go2 Investments Pty Ltd (ACN 605 054 724) upon the terms and conditions outlined in the body of this report

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 as required

CARRIED

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
D Tout

CONF-8    Funding Proposal for Pomingalarna Stage 2 Works

21/256       RESOLVED:

On the Motion of Councillors D Tout and D Hayes

That Council

a       authorise the General Manager to enact the two separable portions of the Wagga Wagga Multi-Sports Cycling Complex

b       approve the budget variations as outlined in the Financial Implications section of this report

c       authorise the affixing of Council’s Common Seal to all relevant documents as required

CARRIED

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
D Tout

CONF-9    PROPERTY ACQUISITION - 54 JOHNSON ST, WAGGA WAGGA

21/257       RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council:

a       authorise the General Manager or delegate to negotiate with the NSW Government to acquire the old Wagga Wagga Ambulance Station at 54 Johnston Street, Wagga Wagga

b       restrict the maximum price for acquisition as provided for in the report as outlined in the Financial Implications section of the report

c       approve the budget variations as outlined in the Financial Implications section of the report

d       authorise the affixing of Councils seal to the necessary documents if agreement is reached

CARRIED

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
D Tout

CONF-10  Government Information (Public Access) Act 2009 - Proposed Fee Waiver

21/258       RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a       in accordance with Section 356 of the Local Government Act 1993, place the proposed financial assistance fee waiver of $420 on public exhibition for a period of 28 days from 27 July 2021 to 24 August 2021, the fee relating to a Government Information Public Access Act 2009 processing fee included in this report 

b       invite public submissions on the proposed financial assistance until 24 August 2021

c       receives a further report following the public exhibition period:

i         addressing any submission made in respect of the proposed financial assistance

ii        proposing adoption of the financial assistance unless there are any recommended amendments that will require a further public exhibition period

CARRIED

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
D Tout

Reversion to open COUNCIL

21/259       RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 9.50pm.

CARRIED

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 9.53pm.

…………………………………………………..

           MAYOR