Minutes of Ordinary Meeting of Council - Monday, 11 October 2021

Minutes of the Ordinary Meeting of Council held on Monday 11 October 2021.

The Mayor, Councillor Greg Conkey OAM

Councillor Yvonne Braid OAM

Councillor Dan Hayes

Councillor Vanessa Keenan (via remote attendance)

Councillor Rod Kendall

Councillor Tim Koschel

Councillor Kerry Pascoe

Councillor Dallas Tout

General Manager (Mr P Thompson)

Director Community (Mrs J Summerhayes)

Director Infrastructure Services (Mr W Faulkner)

Director Projects (Mr S Barber)

Director Regional Activation (Mr M Keys)

Chief Financial Officer (Mrs C Rodney)

Chief Operating Officer (Mr S Gray) (via remote attendance)

Senior Strategic Planner (Mrs C Atkinson)

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

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.

No apologies were received.

Confirmation of Minutes

CM-1 Ordinary Council Meeting - 27 September 2021

21/001 RESOLVED:

On the Motion of Councillors T Koschel and K Pascoe

That the Minutes of the proceedings of the Ordinary Council Meeting held on 27 September 2021 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
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

Declarations Of Interest

Councillor T Koschel declared a Significant Non-Pecuniary Interest in RP-1 PLANNING PROPOSAL (LEP20/0006) TO AMEND WAGGA WAGGA LOCAL ENVIRONMENTAL PLAN 2010 LAND ZONING AND MINIMUM LOT SIZE FOR LAND LOCATED IN SPRINGVALE the reason being that a family member lives in the area and vacated the chamber during its consideration.

Councillor T Koschel declared a Significant Non-Pecuniary Interest in RP-2 Planning Proposal (LEP21/0001) 456 and 474 Plumpton Road, Rowan - Amendment to land zoning, minimum lot size and urban release area provisions of the Wagga Wagga Local Environmental Plan 2010 the reason being that a family member lives in the area and vacated the chamber during its consideration.

Councillor D Tout declared a Significant Non-Pecuniary Interest in RP-5 Community@Work Program - Request for Additional Funding the reason being that he chairs a company requesting funding in this report and vacated the chamber during its consideration.

Councillor R Kendall declared a Non-Significant Non-Pecuniary Interest in RP-5 Community@Work Program - Request for Additional Funding the reason being that he has undertaken professional services work for one of the applicants in the past, however there is no ongoing contract for future work and remained in the chamber during its consideration.

Councillor R Kendall declared a Significant Non-Pecuniary Interest in CONF-1 RFT2021-25 THE GAP AND UMBANGO RURAL FIRE SHEDS the reason being that he is currently undertaking professional services for one of the tenderers and vacated the chamber during its consideration.

Councillor R Kendall declared a Significant Non-Pecuniary Interest in CONF-2 COVID-19 RENTAL RELIEF - COMMERCIAL & AIRPORT LEASES the reason being that he is the chair for a not for profit organisation that currently leases a property from Council and vacated the chamber during its consideration

Councillor K Pascoe declared a Non-Pecuniary Interest in CONF-3 COMMUNITY TENANT ABATEMENTS the reason being that he conducts volunteer work for one of the applicants and remained in the chamber during its consideration.

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

21/322 RESOLVED:

On the Motion of Councillors R Kendall and D Hayes

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
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

PROCEDURAL MOTION - ENGLOBO

21/323 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That the standing orders be varied for the meeting as set out hereunder:

Items where councillors wish to speak
Items where no councillors wish to speak
Confidential
Matter of urgency
Closure of Meeting

That RP-3, RP-8 and CONF-3 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
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

Councillor T Koschel declared a Significant Non-Pecuniary Interest and vacated the chamber the time being 6:06pm.

PUBLIC DISCUSSION FORUM

rp-2 Planning Proposal (LEP21/0001) 456 and 474 Plumpton Road, Rowan - Amendment to land zoning, minimum lot size and urban release area provisions of the Wagga Wagga Local Environmental Plan 2010

· Garry Salvestro – Speaking in favour of the report (via remote attendance).

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

21/324 RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council bring forward consideration of rp-2 - Planning Proposal (LEP21/0001) 456 and 474 Plumpton Road, Rowan - Amendment to land zoning, minimum lot size and urban release area provisions of the Wagga Wagga Local Environmental Plan 2010 to follow the public discussion forum.

RECORD OF VOTING ON THE MOTION

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

RP-2 Planning Proposal (LEP21/0001) 456 and 474 Plumpton Road, Rowan - Amendment to land zoning, minimum lot size and urban release area provisions of the Wagga Wagga Local Environmental Plan 2010

Councillor T Koschel declared a Significant Non-Pecuniary Interest and remained vacated from the chamber for consideration of the item.

21/325 RESOLVED:

On the Motion of Councillors K Pascoe and D Hayes

That Council:

a provide in principle support for planning proposal LEP21/0001 to amend the Wagga Wagga Local Environmental Plan 2010 land zoning, minimum lot size and urban release area provisions

b prepare an addendum to the application to address statutory requirements and site-specific matters

c prepare an amendment to the Wagga Wagga Development Control Plan 2010 to incorporate site-specific controls relevant to the site to be exhibited alongside the planning proposal

d require infrastructure servicing plans to be prepared and supported by a defined infrastructure contributions framework that identifies infrastructure upgrades and funding to be exhibited alongside the planning proposal

e receive a further report for endorsement of items (b), (c) and (d) above prior to submission to NSW Department of Planning, Industry and Environment for Gateway Determination

RECORD OF VOTING ON THE MOTION

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

Councillor T Koschel re-entered the chamber, the time being 6:23pm.

MAYORAL MINUTE

MM-1 MAYORAL MINUTE – INFRASTRUCTURE CONTRIBUTIONS REFORMS

21/326 RESOLVED:

On the Motion of The Mayor Councillor G Conkey OAM

That Council:

a calls on the NSW Government to withdraw the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 (the Bill) from the NSW Parliament

b calls on the NSW Government to undertake further consultation with the local government sector on any proposed reforms to the infrastructure contributions system

c oppose any proposal by the NSW Government to divert infrastructure contributions paid in relation to development in Wagga Wagga away from the local authority to the NSW Government

d confirm the absolute necessity of local communities to receive development contributions for the improvement and delivery of community infrastructure and to determine how those contributions are used

e writes to the Premier, the Treasurer, the Minister for Planning and Public Spaces and the Minister for Local Government requesting to withdraw the Bill and undertake consultation with local communities and local authorities about the proposal to limit and divert infrastructure contributions away from local government

f affirms its support to LGNSW and requests LGNSW continue advocating on our behalf to protect local government from any amendments to infrastructure contributions which leaves councils and communities worse off

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 (LEP20/0006) TO AMEND WAGGA WAGGA LOCAL ENVIRONMENTAL PLAN 2010 LAND ZONING AND MINIMUM LOT SIZE FOR LAND LOCATED IN SPRINGVALE

Councillor T Koschel declared a Significant Non-Pecuniary Interest and vacated the chamber the time being 6:30pm.

21/327 RESOLVED:

On the Motion of Councillors D Hayes and K Pascoe

That Council:

a note the results of the exhibition period for planning proposal LEP20/0006

b adopt planning proposal LEP20/0006 (as exhibited) to amend the Wagga Wagga Local Environmental Plan 2010

c request the NSW Department of Planning, Industry and Environment to prepare the amending instrument

d gazette the plan and notify NSW Department of Planning, Industry and Environment of the decision

RECORD OF VOTING ON THE MOTION

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

Councillor T Koschel re-entered the chamber, the time being 6:31pm.

RP-2 - Planning Proposal (LEP21/0001) 456 and 474 Plumpton Road, Rowan, amendment to land zoning, minimum lot size and urban release area provisions of the Wagga Wagga Local Environmental Plan 2010 was moved forward to follow the public discussion forum.

RP-3 Northern Growth Area Infrastructure and Contributions

21/328 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

a endorse the draft Wagga Wagga City Council Development Servicing Plan Stormwater 2007 - Addendum for Estella, Boorooma, Gobbagombalin and River Road September 2021, to be placed on public exhibition and invite public submissions for a period of 42 days from 17 October 2021 to 29 November 2021.

b endorse the draft DSP Sewerage - Addendum for River Road September 2021, to be placed on public exhibition and invite public submissions for a period of 42 days from 17 October 2021 to 29 November 2021.

c endorse the draft Wagga Wagga Local Infrastructure Contributions Plan 2019 – 2034 - Appendix G, to be placed on public exhibition and invite public submissions for a period of 42 days from 17 October 2021 to 29 November 2021.

d receive a further report following the exhibition and submission period addressing any submission made in respect of the draft documents

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 Transgrid Humelink - Community Consultative Group Representative Nomination

21/329 RESOLVED:

On the Motion of Councillors T Koschel and D Hayes

That Council nominate an elected representative for the Transgrid HumeLink Community Consultative Committee up to the 2021 Council elections.

Councillor T Koschel nominated Councillor K Pascoe

Councillor K Pascoe accepted the nomination.

Councillor K Pascoe was appointed to represent Council on the TransGrid HumeLink Community Consultative Committee up to the 2021 Council elections.

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-5 Community@Work Program - Request for Additional Funding

Councillor D Tout declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 6:31pm.

21/330 RESOLVED:

On the Motion of Councillors T Koschel and D Hayes

That Council respectfully decline the following requests for additional Community@Work funding from the following groups:

i. North Wagga Residents Association (Request 1)

ii. South Wagga Anglican Church (Request 2)

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 6:32pm.

RP-6 Child Safe Policy

21/331 RESOLVED:

On the Motion of Councillors D Hayes and T Koschel

That Council:

a endorse the draft Child Safe Policy (POL 083) (attached in Appendix 1), that is to be placed on public exhibition for a period of 28 days from 12 October 2021 to 9 November 2021 and invite public submissions until the 23 November 2021 on the draft Policy

b receive a further report following the public exhibition and submission period:

i addressing any submissions made with respect to the proposed Child Safe Policy (POL 083); and

c proposing adoption of the Policy 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
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

RP-7 DISCLOSURE OF PECUNIARY INTEREST RETURNS - COUNCILLORS AND DESIGNATED STAFF 2021

21/332 RESOLVED:

On the Motion of Councillors T Koschel and K Pascoe

That the Register of Pecuniary Interest Returns, containing current returns of Councillors and Designated Staff for the period 1 July 2020 to 30 June 2021 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
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

RP-8 RESPONSE TO QUESTIONS/BUSINESS WITH NOTICE

21/333 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council receive and note the report.

QUESTIONS/BUSINESS WITH NOTICE

Councillor T Koschel requested advice on notification provisions for Development Applications, in particular provisions relating to neighbouring properties.

Councillor R Kendall requested an update on Council’s intention to proceed with the suspended removal of suckers on Lake Albert’s foreshore.

Councillor D Hayes requested an update the proposal for billboards at the entrances to the City and improved signage to the CBD.

Councillor K Pascoe requested an update on the status of slashing and mowing of the levee banks in North Wagga.

closed COUNCIL

21/334 RESOLVED:

On the Motion of Councillors D Tout and R Kendall

That the Council now resolve itself into a Closed Council, the time being 6.41pm.

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

Confidential Reports

CONF-1 RFT2021-25 THE GAP AND UMBANGO RURAL FIRE SHEDS

Councillor R Kendall declared a Significant Non-Pecuniary interest and vacated the chamber, the time being 6:43pm.

21/335 RESOLVED:

On the Motion of Councillors T Koschel and K Pascoe

That Council:

a accept the Tender offer of Adaptive Trading Pty Ltd T/a Adaptive Interiors (ABN: 81 624 822 859) for the Design & Construction of Rural Fire Sheds at The Gap and Umbango for the lump sum amount of $378,630 excluding GST

b authorise the General Manager or their delegate to enter a Contract with Adaptive Trading Pty Ltd T/a Adaptive Interiors (ABN: 81 624 822 859) for the Design & Construction of Rural Fire Sheds at The Gap and Umbango for the lump sum amount of $378,630 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
D Hayes
V Keenan
T Koschel
K Pascoe
D Tout

CONF-2 COVID-19 RENTAL RELIEF - COMMERCIAL & AIRPORT LEASES

Councillor R Kendall declared a Significant Non-Pecuniary interest and vacated from the chamber, the time being 6:43pm.

21/336 RESOLVED:

On the Motion of Councillors D Hayes and K Pascoe

That Council agree to grant rent waivers to Council’s commercial and airport tenants who meet the eligibility requirements in accordance with the recommendations contained within the body of the report.

RECORD OF VOTING ON THE MOTION

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

Councillor R Kendall re-entered the chamber, the time being 6:47pm.

CONF-3 COMMUNITY TENANT ABATEMENTS

21/337 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That Council:

a note the ongoing financial impact the community is facing due to the COVID-19 pandemic

b agree to provide rent reductions to the tenants identified in the attachment to this report

c in accordance with Section 356 of the Local Government Act 1993, approve in principle the financial assistance to the tenants listed in this report

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
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

Reversion to open COUNCIL

21/338 RESOLVED:

On the Motion of Councillors R Kendall and K Pascoe

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 6.46pm.

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 6.50pm.

…………………………………………………..

MAYOR