Minutes of Ordinary Meeting of Council - Monday, 29 November 2021

Minutes of the Ordinary Meeting of Council held on Monday 29 November 2021.

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

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)

Manager Audit, Risk & Governance (Ms I Hensley)

Manager Community Services (Ms M Scully)

Visitor Economy & Events Coordinator (Ms F Hamilton)

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 - 8 November 2021

21/001 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That the Minutes of the proceedings of the Ordinary Council Meeting held on 8 November 2021 be confirmed as a true and accurate record.

Declarations Of Interest

Councillor R Kendall declared a Significant Non-Pecuniary Interest in CONF-1 - Proposed Airport Subleases - Light Aircraft Precinct Hangar Sites 9-10 the reason being that he is currently applying for a sublease transfer on an adjoining site and vacated the chamber during its consideration.

Councillor T Koschel declared a Non-Significant Non-Pecuniary Interest in RP-3 - COVID-19 FAST TRACK EVENTS SPONSORSHIP the reason being that he has been in a Bidgee Theatre production and remained in the chamber during its consideration.

Councillor T Koschel declared a Non-Significant Non-Pecuniary Interest in RP-8 FINANCIAL PERFORMANCE REPORT AS AT 31ST OCTOBER 2021 the reason being that his workplace is mentioned in the report and remained in the chamber during its consideration.

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

21/002 RESOLVED:

On the Motion of Councillors V Keenan and T Koschel

That Council bring forward consideration of ENGLOBO.

PROCEDURAL MOTION - ENGLOBO

21/003 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

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

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

That RP-1 to RP-3, RP-5 to RP-10, RP-12 to RP-15 and M-2 be adopted as recommended in the business papers.

PROCEDURAL MOTION – SUSPEND STANDING ORDERS

21/004 RESOLVED:

On the Motion of The Mayor Councillor G Conkey OAM and Councillor V Keenan

That Council suspend standing orders the time being 6.05pm.

Council suspended standing orders to acknowledge the contribution of Councillors during their respective terms of Council and the achievements of the Council during that time.

PROCEDURAL MOTION - RE-INSTATE STANDING ORDERS

21/005 RESOLVED:

On the Motion of Councillors D Hayes and K Pascoe

That Council re-instate standing orders the time being 6.39pm.

Reports from Staff

RP-1 Standard Instrument Local Environmental Plan - Flood Planning Clauses

21/006 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a note the reforms being made to the Standard Instrument Local Environmental Plan in respect of flood planning

b note the compulsory integration of Clause 5.21 Flood planning into the Wagga Wagga Local Environmental Plan 2010, as in force at the date of this resolution

c note the option to also integrate Clause 5.22 Special flood considerations into the Wagga Wagga Local Environmental Plan 2010

d notify the NSW Department of Planning, Industry and Environment of Council’s continued interest to ‘opt-in’ to adoption of Clause 5.22 Special flood considerations within the Wagga Wagga Local Environmental Plan 2010

e note and endorse the ongoing leadership of the NSW Department of Planning, Industry and Environment in the amendment process, including delivery of future engagement and consultation processes in respect of Clause 5.22

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-2 EUNONY VALLEY GREENING FUNDS

21/007 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council approve the successful applications for the Eunony Valley Greening program as detailed in the report totalling $98,464.55.

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-3 COVID-19 Fast Track Events Sponsorship

21/008 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a authorise the General Manager or their delegate to enter into an agreement to support:

i. Murrumbidgee Turf Club for the hosting of the Southern District Racing Association’s

ii. Three Crows Pty Ltd in hosting the 2022 Stone the Crows Festival

iii. HC Events in the hosting of the 2022 Wagga Mardi Gras

iv. Bidgee Theatre Productions staging of Mamma Mia! The Musical

b 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

RP-4 LAKE ALBERT - SPECIAL PURPOSE ACCESS LICENCE UPDATE

21/009 RESOLVED:

On the Motion of Councillors R Kendall and V Keenan

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

RP-5 Presentation of the 2020/21 Financial Statements

21/010 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a receive the Audited Financial Statements, together with the Auditor’s Reports on the Financial Statements for the year ended 30 June 2021

b receive a further report if any public submissions are received

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 POL 075 - Investment Policy

21/011 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a note that there were no public submissions received during the exhibition period for POL 075 – Investment Policy

b adopt the draft POL 075 – Investment Policy

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 Proposed New Fees and Charges for 2021/22

21/012 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a place the following new fees and charges on public exhibition for a period from 30 November 2021 to 7 January 2021:

Item Number	Fee and Charge Description	Pricing Policy ID	2021/22 Fee (excl of GST)	GST	2021/22 Fee (incl of GST)	Basis
NEW	WWMSCC – Velodrome 50%	C	$10.55	$1.05	$11.60	Hour
NEW	WWMSCC – Velodrome 100%	C	$15.18	$1.52	$16.70	Hour
NEW	WWMSCC – Criterium Track 50%	C	$10.45	$1.05	$11.50	Hour
NEW	WWMSCC – Criterium Track 100%	C	$15.45	$1.55	$17.00	Hour

b invite public submissions on the proposed new fees and charges until 7 January 2021.

c receives a further report following the public exhibition period:

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

ii proposing adoption of the new fees and charges 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
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

RP-8 FINANCIAL PERFORMANCE REPORT AS AT 31 OCTOBER 2021

21/013 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a approve the proposed 2021/22 budget variations for the month ended 31 October 2021 and note the balanced budget position as presented in this report

b approve the proposed budget variations to the 2021/22 Long Term Financial Plan Capital Works Program including future year timing adjustments

c 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

d note the details of the external investments as at 31 October 2021 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
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

RP-9 SECTION 356 REQUESTS FOR FINANCIAL ASSISTANCE

21/014 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

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

i. Riverina Conservatorium of Music: $105.00 (Request 1)

ii. Department of Communities and Justice: $6,219.00 (Request 2)

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

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-10 POL 083 - Child Safe Policy

21/015 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a note that there were no public submissions received during the exhibition period for POL 083 – Child Safe Policy

b adopt the draft Child Safe Policy (POL 083)

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 INTEGRATED PLANNING AND REPORTING (IP&R) - END OF TERM REPORT

21/016 RESOLVED:

On the Motion of Councillors D Hayes and V Keenan

That Council receive and note the End of Term 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

RP-12 GREGADOO WASTE MANAGEMENT CENTRE - DRAFT ACCESS FEE

21/017 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a place the following new fees and charges on public exhibition for a period from 30 November 2021 to 7 January 2021.

b receives a further report following the public exhibition period:

i. addressing any submission made in respect of the proposed new fees

ii. proposing adoption of the new fees and charges 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
D Hayes
V Keenan
R Kendall
T Koschel
K Pascoe
D Tout

RP-13 CODE OF CONDUCT STATISTICS

21/018 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council endorse the contents of this 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

RP-14 RESOLUTIONS AND NOTICES OF MOTIONS REGISTERS

21/019 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council receive and note the following registers:

a Active Resolutions as at 22 November 2021

b Active Notice of Motions as at 22 November 2021

c Resolutions including Notice of Motions completed from 20 October 2021 to 22 November 2021

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 RESPONSE TO QUESTIONS/BUSINESS WITH NOTICE

21/020 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

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

Committee Minutes

M-1 Local Traffic Committee - 11 November 2021 - Minutes

Recommendation

That Council:

a receive the minutes of the Local Traffic Committee Meeting held on 11 November 2021

b approve the installation of 30 metres of time restricted BUS ZONE, utilising R5-20 series signs, BUS ZONE 8^AM – 9.30^AM, 2.30^PM – 4^PM SCHOOL DAYS, on the northern kerb of Fernleigh Road and east of the intersection of Quail Street

c approve the installation of the following regulatory “No Right Turn” restrictions at the exits from The Riverina Anglican College, 127 Farrer Road, Boorooma:

· Install one R2-6N-R NO RIGHT TURN with plate denoting words and times 8am – 9.30am 2.30pm – 4pm School Days sign at the western-most light vehicle exit. This sign to face drivers exiting onto Farrer Road regulating all vehicles to turn left

· Install one R2-6N-R NO RIGHT TURN with plate denoting words and times 8am – 9.30am 2.30pm – 4pm School Days (Buses Excepted) at the exit of the Bus Zone. This sign to face drivers exiting onto Farrer Road, regulating all vehicles, except buses, to turn left

d install parking bays between Thorne Street and Morundah Street on the northern kerb of Forsyth Street

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 RIVERINA REGIONAL LIBRARY ADVISORY COMMITTEE - MINUTES - 4 NOVEMBER 2021

21/021 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council receive the minutes of the RRL Advisory Committee Meeting held on 4 November 2021.

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

QUESTIONS/BUSINESS WITH NOTICE

Councillor T Koschel requested advice on the structure and quality of the rock wall at the bottom end of the Lake Albert.

Councillor R Kendall requested advice on how much grant funding Council’s senior staff have successfully secured from Federal and State Governments for current major projects in the Wagga Wagga Local Government Area such as RIFL, Special Activation Precinct and the Industrial Subdivision

The General Manager, Mr P Thompson advised that Council have been granted in excess of $200M for RIFL, the Intermodal Terminal, the industrial subdivision and the Special Activation Precinct, in addition to Council’s partnership with VISY.

Councillor R Kendall acknowledged and thanked staff who gave up their weekend to deliver maintenance to damaged roads following the recent rain event.

Councillor V Keenan requested advice on confusing signage and impact on disabled parking at 72 Fitzmaurice Street.

Councillor D Hayes requested advice on the following requests:

· Can the school crossing at North Wagga Public School be upgraded to a pedestrian crossing?

· When will the streets in Gobbagombalin be connected, namely Jumbuck Drive, which is currently split in two?

· Is there an update on Marshall’s Creek Bridge upgrade and the proposed Traffic Management Plan?

· Will Marshall’s Creek Bridge be upgraded to have pedestrian access?

· Is there an update from ARTC regarding the Fernleigh Road train crossing upgrade, considering the inland rail will have no impact on that crossing?

· Are there plans or consideration for a bus shelter outside the Court House in Fitzmaurice Street, considering that is a bus interchange area, with no shelter for people from the rain or heat?

· Can Council give consideration to installing a no U-turn at the lights of Gurwood and Fitzmaurice Streets for those travelling north?

· Considering the carpet business and Elders are relocating, has consideration been given to installing more parking in the middle of Kincaid Street?

· Is there an updated on the fixing and making permanent the changes to parking in Kincaid Street between Fitzmaurice Street and Trail Street

· Can Council review the Council website, and limit the pop up to sign up to Council’s newsletter?

· Can an update be provided on drainage issues along the laneway off Wiradjuri Crescent?

closed COUNCIL

21/022 RESOLVED:

On the Motion of Councillors D Hayes and V Keenan

That the Council now resolve itself into a Closed Council, the time being 7.09pm

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

Confidential Mayoral Minute

CONF-MM-1 CONFIDENTIAL MAYORAL MINUTE – NEGOTIATIONS FOR THE SALE OF COMMERICAL LAND – TASMAN ROAD

21/023 RESOLVED:

On the Motion of The Mayor Councillor G Conkey OAM

That Council:

a receive and note the contents of this report and the progress on negotiations

b note that pursuant to the resolution of Council on 1 November 2021 the General Manager or their delegate will enter into sale contracts and/or a Deed of Agreement with either one or both parties as identified specifically in this report with a preference for the second proposed transaction

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

Confidential Reports

CONF-1 Proposed Airport Subleases - Light Aircraft Precinct Hangar Sites 9-10

Councillor R Kendall declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 7:14pm.

21/024 RESOLVED:

On the Motion of Councillors K Pascoe and R Kendall

That Council:

a consent to enter into sub-lease agreements with Mills (Hangar Site 9) and Smith (Hangar Site 10) as per the details set out in the body of this report

b note that developments are subject to Development Consent, with the Commonwealth having the right of review and refusal of any airport development

c delegate authority to the General Manager or their delegate to execute any necessary documents on behalf of Council

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 7:15pm.

Reversion to open COUNCIL

21/025 RESOLVED:

On the Motion of Councillors D Hayes and T Koschel

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 7.15pm.

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 7.16pm

…………………………………………………..

MAYOR