Minutes of Ordinary Meeting of Council - Monday, 2 May 2022

Minutes of the Ordinary Meeting of Council held on Monday 2 May 2022.

The Mayor, Councillor Dallas Tout

Councillor Georgie Davies

Councillor Dan Hayes

Councillor Michael Henderson

Councillor Richard Foley

Councillor Rod Kendall

Councillor Tim Koschel (via remote attendance)

Councillor Jenny McKinnon

Councillor Amelia Parkins

General Manager (Mr P Thompson)

Director Community (Ms J Summerhayes)

Director Infrastructure Services (Mr W Faulkner)

Director Projects (Mr S Barber)

Chief Financial Officer (Mrs C Rodney)

Chief Operating Officer (Mr S Gray)

Manager Audit, Risk & Governance (Ms I Hensley)

Senior Strategic Planner (Mrs C Atkinson)

Property Coordinator (Mr M Dombrovski)

Communications & Engagement Coordinator (Mr M Casey)

Corporate Governance Coordinator (Mrs N Johnson)

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.

LEAVE OF ABSENCE

22/131 RESOLVED:

On the Motion of Councillors A Parkins and R Kendall

That Council grant Leave of Absence to Councillors Dan Hayes and Rod Kendall for 30 May 2022.

No apologies were received.

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 11 APRIL 2022

22/132 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That the Minutes of the proceedings of the Ordinary Council Meeting held on 11 April 2022 be confirmed as a true and accurate record.

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
G Davies
D Hayes
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

Declarations Of Interest

Councillor R Kendall declared a Non-Significant Non-Pecuniary Interest in MM-1 - MAYORAL MINUTE - WAGGA WAGGA AIRPORT the reason being that he has been approved to have a lease transferred to a company and remained in the chamber during its consideration.

Councillor J McKinnon declared a Non-Significant Non-Pecuniary Interest in NOM-1 NOTICE OF MOTION - ELECTRIC VEHICLE (EV) PARKING the reason being, she owns an electric vehicle and remained in the chamber during its consideration.

Councillor T Koschel declared a Non-Significant Non-Pecuniary Interest in NOM-1 NOTICE OF MOTION - ELECTRIC VEHICLE (EV) PARKING the reason being, he owns an electric vehicle and remained in the chamber during its consideration.

Councillor A Parkins declared a Significant Non-Pecuniary Interest in CONF-1 RFT2022-17 GENERAL WASTE CELL & MONOCELL DESIGN CONSTRUCTION LEVEL 1 SUPERVISION & EPA APPROVAL the reason being her employer is named in the report and vacated the chamber during its consideration.

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

22/133 RESOLVED:

On the Motion of Councillors D Hayes and G Davies

That Council bring forward consideration of EnGlobo.

PROCEDURAL MOTION - ENGLOBO

22/134 RESOLVED:

On the Motion of Councillors T Koschel and R Foley

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, RP-3, RP-5 and CONF-2 be adopted as recommended in the business papers.

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
G Davies
D Hayes
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

MAYORAL MINUTE

MM-1 MAYORAL MINUTE - WAGGA WAGGA AIRPORT

22/135 RESOLVED:

On the Motion of The Mayor, Councillor D Tout

That the Mayor correspond with each of the candidates seeking election to the seat of Riverina and request confirmation of the following:

a that, if elected, the candidate will seek a commitment from the Commonwealth Government to renew the lease of the Wagga Wagga Airport to Wagga Wagga City Council on terms that include a term of 50 years with a 49 year option and that the Commonwealth is responsible for the cost of maintaining the airport terminal, the passenger flight apron, taxiways and main runway inclusive of all ancillary infrastructure such as runway lighting and instrument landing system; and

b that, if elected, the Commonwealth Government will fund the expansion and upgrade of the passenger terminal at Wagga Wagga Airport including covered drop off area, expanded and reappointed arrivals and departure lounges, security screening, hospitality areas and luggage carousel

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
G Davies
D Hayes
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

Motions Of Which Due Notice Has Been Given

NOM-1 NOTICE OF MOTION - ELECTRIC VEHICLE (EV) PARKING

A Motion was moved by Councillors G Davies and J McKinnon

That Council receive a report which outlines the costs involved in creating premium parking spots reserved for electric vehicles in Council-owned and leased car parks and high-traffic parking areas. The report should include:

a a map of the proposed electric vehicle only (EV ONLY) parking spaces in premium locations, for example, next to disabled parking, across the city

b the costs involved in marking-out the spaces

c consideration into whether these proposed EV ONLY parking spaces will also be able to support charging infrastructure if required in the future

An AMENDMENT was moved by Councillor A Parkins and seconded by Councillor D Hayes

That Council receive a report outlining how Council can encourage and support the increased usage of electric vehicles. The report should include, but not be limited to, consideration of the following:

a opportunities to utilise any Local or State planning tools or regulations to improve EV readiness across certain development types and the advantages and disadvantages of implementing them in the Wagga Wagga LGA

b an overview of EV incentives and charging station plans or strategies from other LGAs and other levels of government

c costs to Council in implementing any of these measures

The Amendment on being put to the meeting was CARRIED and became the Motion.

RECORD OF VOTING ON THE MOTION

For the Amendment	Against the Amendment
D Tout	G Davies
D Hayes
R Foley
M Henderson
R Kendall
T Koschel
J McKinnon
A Parkins

22/136 RESOLVED:

On the Motion of Councillors A Parkins and D Hayes

That Council receive a report outlining how Council can encourage and support the increased usage of electric vehicles. The report should include, but not be limited to, consideration of the following:

a opportunities to utilise any Local or State planning tools or regulations to improve EV readiness across certain development types and the advantages and disadvantages of implementing them in the Wagga Wagga LGA

b an overview of EV incentives and charging station plans or strategies from other LGAs and other levels of government

c costs to Council in implementing any of these measures

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout	M Henderson
G Davies
D Hayes
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

Reports from Staff

RP-1 DRAFT REVISED COMMUNITY STRATEGIC PLAN 2040

22/137 RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a place the draft Community Strategic Plan 2040 (CSP) on public exhibition commencing 3 May 2022 and concluding on 4 June 2022

b note it is proposed to leverage off the strategic work undertaken over the last 5 years to make minor changes to the existing plan, rather than reinventing a whole new strategic plan

c note that the development of new CSP will be conducted during this term of Council in consultation with our community and partners

d note that further changes to design will be done during the exhibition period

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

i addressing any submissions made

ii proposing adoption of the CSP 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
D Tout
G Davies
D Hayes
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

RP-2 INTEGRATED PLANNING AND REPORTING (IP&R) - DRAFT DOCUMENTS FOR EXHIBITION

22/138 RESOLVED:

On the Motion of Councillors G Davies and D Hayes

That Council:

a place the following documents on public exhibition for 28 days commencing 3 May 2022 and concluding on 4 June 2022:

i draft Delivery Program 2022/2026 and Operational Plan 2022/23

ii draft Fees and Charges for the financial year 2022/23

iii draft Long-Term Financial Plan 2022/23

b note that the Delivery Program 2022/2026 and Operational Plan 2022/23 have been combined into one document for exhibition purposes to minimise duplication and will be presented as separate documents at the 27 June 2022 Council Meeting

c note that Appendix A – Developer Contributions included in the draft 2022/23 Fees and Charges will be updated during the public exhibition period once the March 2022 CPI figures have been released and staff have updated the 2022/23 charges

d note the Asset Management Strategy and Plans 2022/23 and Workforce Resourcing Strategy 2022/2026 don’t require public exhibition and will be presented at the 27 June 2022 Council Meeting for endorsement

e note that the documents are in draft form and have not been graphic designed

f note that the following amendments will be made to the Ad Valorem amounts in draft Fees and Charges 2022/23:

i Residential – City and Suburbs: 0.00775009

ii Residential – Villages: 0.00521045

iii Residential – Other: 0.00442446

iv Business – City and Suburbs: 0.01451056

v Business – Villages and Rural: 0.00484695

vi Farmland – 0.00241325

g receive a further report after the public exhibition period:

i addressing any submissions made in respect of the draft documents

ii proposing adoption of the draft documents

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
G Davies
D Hayes
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

RP-3 Standard Instrument (Local Environmental Plan) Amendment (Agritourism) Order 2021

22/139 RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a note the range of amendments proposed for agritourism and small-scale agricultural development

b endorse the implementation of the new optional clauses in the Wagga Wagga Local Environmental Plan 2010

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
G Davies
D Hayes
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

RP-4 LICENCE AGREEMENT TO SHAW STREET DEMONSTRATION GARDENS INC - 49 SHAW STREET, WAGGA WAGGA

22/140 RESOLVED:

On the Motion of Councillors J McKinnon and D Hayes

That Council:

a authorise the General Manager or their delegate to negotiate entry into a Community Licence Agreement with Shaw Street Demonstration Gardens Inc over land located at Shaw Street, Wagga Wagga (being Lot A DP 357110 and part of Lot 2 DP229422)

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

c authorise the affixing of Council’s common seal to all documents relating to this matter as required

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
G Davies
D Hayes
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

RP-5 RESPONSE TO QUESTIONS/BUSINESS WITH NOTICE

22/141 RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council receive and note the report.

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
G Davies
D Hayes
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

QUESTIONS/BUSINESS WITH NOTICE

Councillor G Davies requested an update on the progress of the resolution regarding playground shade sail’s from her Notice of Motion, including when it is scheduled to be reported back to Council.

Councillor G Davies requested feedback on tree planting at the Riverside development, in particular advice on if trees will be planted in the grassed area to create shaded areas, similar to the Victory Memorial Gardens.

Councillor R Foley requested an update on Council’s inquiries into JCB Pothole Pro.

Councillor R Foley requested an update on the status of his previous question, relating to a proposed building industry forum.

Councillor D Hayes requested advice on Council’s plans to remediate the footpath from the rocks to beach following completion of the Riverside project.

Councillor A Parkins requested an update on if line marking is planned for the shared pathway on the Eastern end of Fernleigh Road.

Councillor T Koschel requested an update on a key box for emergency services at Pomingalarna Reserve.

closed COUNCIL

22/142 RESOLVED:

On the Motion of Councillors D Hayes and R Foley

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 Reports

CONF-1 RFT2022-17 GENERAL WASTE CELL & MONOCELL DESIGN CONSTRUCTION LEVEL 1 SUPERVISION & EPA APPROVAL

Councillor A Parkins declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 7:10pm.

22/143 RESOLVED:

On the Motion of Councillors R Kendall and D Hayes

That Council:

a in accordance with Clause 178(1)(b) of the Local Government (General Regulation) 2005, decline all tenders for RFT2022-17 General Waste Cell & Monocell Design Construction Level 1 Supervision & EPA Approval

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 General Waste Cell & Monocell Design Construction Level 1 Supervision & EPA Approval

c note that the reason for declining to invite fresh tenders or applications is that it is not expected that further market testing will provide a more satisfactory result

d note that the reason for entering into negotiations is that the evaluation identified the submissions to be beyond the budget allocated for this work

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

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
G Davies
D Hayes
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon

CONF-2 APpointment of Audit, Risk and Improvement Committee Independent External Members

22/144 RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a appoint three (3) independent external members, including a Chairperson and Deputy Chairperson, to the Wagga Wagga City Council Audit, Risk and Improvement Committee, as contained in this Report

b endorse the appointment of the individual listed as the alternate appointment in this Report in the event one of the individuals listed at one (1) to three (3) do not accept their appointment

c confirm that the above appointments are for the term of Council unless
otherwise removed, dissolved or extended in accordance with the Committee’s Governing terms or adopted Policy, as applicable

d approve that the fees for 2022/23 will be $1,082.29 (committee member) and $1,298.76 (committee chair) exclusive of GST

e approve that the above fees remain exclusive of GST and inclusive of all travel, accommodation, induction, preparation and on costs

f approve that the sitting fee for committee members and the chairperson for the remainder of the appointment will thereafter continue to be adjusted in line with the rate pegging index or as otherwise resolved by Council

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
G Davies
D Hayes
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

Reversion to open COUNCIL

22/145 RESOLVED:

On the Motion of Councillors R Kendall and G Davies

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 7:16pm.

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 7:18pm.

…………………………………………………..

MAYOR