Minutes of Ordinary Meeting of Council - Monday, 30 May 2022

Minutes of the Ordinary Meeting of Council held on Monday 30 May 2022.

The Mayor, Councillor Dallas Tout

Councillor Georgie Davies

Councillor Michael Henderson

Councillor Richard Foley

Councillor Tim Koschel

Councillor Jenny McKinnon

Councillor Amelia Parkins

Director Community (Ms J Summerhayes)

Director Infrastructure Services (Mr W Faulkner)

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 Development Assessment & Building

Certification (Mr P O’Brien)

Corporate Governance Coordinator (Mrs N Johnson)

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

Senior Strategic Planner (Mrs C Atkinson)

Contributions Coordinator (Mrs B Maclure)

Property Coordinator (Mr M Dombrovski)

Communications & Engagement Officer (Mrs M Schoonmaker)

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.

Welcome to Country

Aunty Dorothy (Dot) Whyman, respected Local Wiradjuri Elder, performed the Welcome to Country in recognition of National Reconciliation Week 2022.

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

Apologies or non-attendance were received and accepted for the General Manager, Mr P Thompson and Acting Director Projects, Mr S Darby, Acting Director Projects on the Motion of Councillors T Koschel and J McKinnon.

LEAVE OF ABSENCE

22/155 RESOLVED:

On the Motion of Councillors T Koschel and J McKinnon

That Council grant Leave of Absence to Councillor A Parkins for 14 June 2022.

Council noted that Leave of Absence was granted to Councillors D Hayes and Councillor R Kendall for 30 May 2022 at the 2 May 2022 Council Meeting.

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 16 MAY 2022

22/156 RESOLVED:

On the Motion of Councillors T Koschel and M Henderson

That the Minutes of the proceedings of the Ordinary Council Meeting held on 16 May 2022 be confirmed as a true and accurate record.

Declarations Of Interest

Councillor T Koschel declared a Non-Significant Non-Pecuniary conflict of interest in RP-1 WAGGA WAGGA BUSINESS CHAMBER MEMORANDUM OF UNDERSTANDING (MOU) - 2022-2025 the reason being that his employer is a member of the Wagga Wagga Business Chamber in the report but he no longer works in the Wagga Wagga area that is the member and remained in the chamber during its consideration.

Councillor A Parkins declared a Non-Significant Non-Pecuniary conflict of interest in RP-3 PLANNING PROPOSAL - LEP21/0003 - 20 HELY AVENUE - Amendment to land zoning of the Wagga Wagga Local Environmental Plan 2010 the reason being that members of her family live in the vicinity of the planning proposal and remained in the chamber during its consideration.

Councillor A Parkins declared a Non-Significant Non-Pecuniary conflict of interest in RP-6 FINANCIAL PERFORMANCE REPORT AS AT 30 APRIL 2022 the reason being that her employer is named in the report and remained in the chamber during its consideration.

Councillor T Koschel declared a Non-Significant Non-Pecuniary conflict of interest in RP-6 FINANCIAL PERFORMANCE REPORT AS AT 30 APRIL 2022 the reason being that his employer is named in the report and remained in the chamber during its consideration.

The Mayor, Councillor D Tout declared a Non-Significant Non-Pecuniary conflict of interest in RP-3 PLANNING PROPOSAL - LEP21/0003 - 20 HELY AVENUE - Amendment to land zoning of the Wagga Wagga Local Environmental Plan 2010 the reason being that approximately eight weeks ago he was taken on a tour of the aged care facility on the site.

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

22/157 RESOLVED:

On the Motion of Councillors T Koschel and J McKinnon

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

PROCEDURAL MOTION - ENGLOBO

22/158 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-5 to RP-12 and CONF-1 be adopted as recommended in the business papers.

RECORD OF VOTING ON THE MOTION

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

PUBLIC DISCUSSION FORUM

RP-1 WAGGA WAGGA BUSINESS CHAMBER MEMORANDUM OF UNDERSTANDING (MOU) - 2022-2025

Ms Serena Hardwick, Wagga Wagga Business Chamber - Speaking in favour of the report.
Ms Jennifer Hand, Wagga Wagga Business Chamber - Speaking in favour of the report.

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

22/159 RESOLVED:

On the Motion of Councillors J McKinnon and A Parkins

That Council bring forward consideration of RP-1 WAGGA WAGGA BUSINESS CHAMBER MEMORANDUM OF UNDERSTANDING (MOU) - 2022-2025 to follow the Public Discussion Forum.

RECORD OF VOTING ON THE MOTION

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

Reports from Staff

RP-1 WAGGA WAGGA BUSINESS CHAMBER MEMORANDUM OF UNDERSTANDING (MOU) - 2022-2025

22/160 RESOLVED:

On the Motion of Councillors T Koschel and J McKinnon

That Council:

a endorse the attached draft Memorandum of Understanding (MOU) – 2022 to 2025 between Wagga Wagga City Council and the Wagga Wagga Business Chamber subject to the following changes:

i under Key Objectives include the addition of ‘demonstrate a commitment to inclusion and accessibility’; and

ii under Responsibilities (of the Chamber) include the addition of ‘help foster and promote meaningful employment opportunities for individuals living with a disability, including volunteer and work experience opportunities’

b delegate authority to the Mayor to sign the MOU on behalf of Council

RECORD OF VOTING ON THE MOTION

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

MAYORAL MINUTE

MM-1 MAYORAL MINUTE - PERFORMANCE AUDIT ON THE PLANNING AND MANAGING OF BUSHFIRE EQUIPMENT - RURAL FIRE SERVICE ASSETS

22/161 RESOLVED:

On the Motion of The Mayor Councillor D Tout

That Council writes to the Riverina Joint Organisation (Riverina JO), the Canberra Region Joint Organisation (CRJO) and the Riverina & Murray Joint Organisation (RAMJO) regarding the following:

a noting the performance audit currently being undertaken by the NSW Audit Office on Planning and managing bushfire equipment

b supports Wagga Wagga City Council’s position that Rural Fire Service (RFS) assets are not owned, nor controlled by councils, and should not be accounted for in council’s annual financial statements

c supports Wagga Wagga City Council’s position that RFS assets are owned and controlled by RFS, and should be included in RFS annual financial statements

RECORD OF VOTING ON THE MOTION

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

RP-1 Wagga Wagga Business Chamber Memorandum of Understanding (MOU) - 2022-2025 was moved forward to follow the Public Discussion Forum.

RP-2 DA22/0128 - DWELLING, LOT 1 SECTION 16 DP 759024, 4 CONNORTON ST, URANQUINTY

22/162 RESOLVED:

On the Motion of Councillors R Foley and T Koschel

That Council:

a approve DA22/0128 subject to the conditions outlined in the Section 4.15 Assessment Report

b notes that development controls have not yet been adopted in the Wagga Wagga Development Control Plan 2010 for the Flood Planning Area for Uranquinty, as identified in the Village Overland Flow Floodplain Risk Management Studies (VOFFS)

c supports in the interim, the ongoing assessment and determination of Development Applications within the Flood Planning Area of Uranquinty, taking into account:

i The ‘Flood Risk Mitigation Measures’ recommendations of the adopted VOFFS, including the high priority recommendation for the upgrading of the levee system for Uranquinty to provide protection against a 1% AEP riverine flood of Sandy Creek

ii The Uranquinty Community Safety Group flood warning system

iii The flood hazard category of the particular land, and the proximity of flood free land to land

RECORD OF VOTING ON THE MOTION

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

RP-3 PLANNING PROPOSAL - LEP21/0003 - 20 HELY AVENUE - Amendment to land zoning of the Wagga Wagga Local Environmental Plan 2010

22/163 RESOLVED:

On the Motion of Councillors G Davies and M Henderson

That Council:

a support planning proposal LEP21/0003 to amend the Wagga Wagga Local Environmental Plan 2010 land zoning provisions

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

c submit the planning proposal with Council’s addendum to the NSW Department of Planning and Environment for gateway determination

d 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

e receive a further report after the exhibition period addressing any submissions made in respect of the planning proposal and amendment to the development control plan

RECORD OF VOTING ON THE MOTION

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

RP-4 COUNCILLOR REMUNERATION

22/164 RESOLVED:

On the Motion of Councillors M Henderson and T Koschel

That Council:

a determine to pay the Councillors’ allowance and Mayoral allowance at the maximum allowable level for its assigned category determined by the NSW Local Government Remuneration Tribunal

b fund the total additional allowance amount from the budget as noted in the financial implications section of this report, with the budget variation to be processed in the new financial year

c commence the new Councillors allowance for the next pay period following the date of this resolution with the cost for the remaining part of this financial year to be transferred from elections savings noted in the report

RECORD OF VOTING ON THE MOTION

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

RP-5 2021 SALE OF LAND FOR UNPAID RATES - UPDATE ON PUBLIC AUCTION AND SALE PROCESS

22/165 RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a note the results of the Sale of Land for Unpaid Rates Auction held on 30 October 2021

b pursuant to the Local Government (General) Regulation 2021 – Regs 131 (3) and 4(b), write off rates and charges of $6,804.38 for the following property:

Legal Description	Address	Name of Registered Owner
Lot C DP 364640	27-29 Gresham Street Tarcutta NSW 2652	Elizabeth S Burgan

RECORD OF VOTING ON THE MOTION

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

RP-6 FINANCIAL PERFORMANCE REPORT AS AT 30 APRIL 2022

22/166 RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a approve the proposed 2021/22 budget variations for the month ended 30 April 2022 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 and new projects

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 30 April 2022 in accordance with section 625 of the Local Government Act 1993

RECORD OF VOTING ON THE MOTION

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

RP-7 TRANSPORT FOR NSW ACCESS TO WAGGA WAGGA CYCLING COUNTER DATA

22/167 RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a authorise the General Manager or their delegate to enter a deed of licence to provide Transport for NSW access to Wagga Wagga’s Active Transport data

b authorise the affixing of Council’s Common Seal to all necessary documents as required

RECORD OF VOTING ON THE MOTION

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

RP-8 DRAFT DEVELOPER INFRASTRUCTURE AGREEMENTS POLICY

22/168 RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a notes the draft Developer Infrastructure Agreements Policy was placed on public exhibition and no submissions were received

b adopt the Developer Infrastructure Agreements Policy

c rescinds the following Council policies:

i POL 003 Works in Kind Policy; and

ii POL 096 City of Wagga Wagga Planning Agreement Policy

RECORD OF VOTING ON THE MOTION

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

RP-9 ART GALLERY COLLECTION MANAGEMENT POLICY POL 004

22/169 RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a note that there were no public submissions received during the exhibition period for Art Gallery Collection Management Policy (POL 004)

b adopt the Art Gallery Collection Management Policy (POL 004)

RECORD OF VOTING ON THE MOTION

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

RP-10 ART GALLERY EXHIBITION POLICY POL 005

22/170 RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a note that there were no public submissions received during the exhibition period for Art Gallery Exhibition Policy (POL 005)

b adopt the Art Gallery Exhibition Policy (POL 005)

RECORD OF VOTING ON THE MOTION

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

RP-11 RESOLUTIONS AND NOTICES OF MOTIONS REGISTERS

22/171 RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council receive and note the following registers:

a Active Resolutions as at 24 May 2022

b Active Notice of Motions as at 24 May 2022

c Resolutions including Notice of Motions completed from 16 March 2022 to 24 May 2022

RECORD OF VOTING ON THE MOTION

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

RP-12 RESPONSE TO QUESTIONS/BUSINESS WITH NOTICE

22/172 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
M Henderson
R Foley
T Koschel
J McKinnon
A Parkins

Committee Minutes

M-1 LOCAL TRAFFIC COMMITTEE MEETING - 12 MAY 2022

22/173 RESOLVED:

On the Motion of Councillors A Parkins and T Koschel

That Council:

a approve the installation of a 60 metre length of Right Turn lane and corresponding through/Left Turn lane on Avocet Drive, not less than 3.2 meters wide, to form a two-lane approach to the Boorooma St and Messenger Avenue roundabout

b approve the installation of a 60 metre length of NO STOPPING zone utilising R-400 series signs on the northern kerb of Avocet Drive and west of the intersection of Boorooma Street

c approve the installation of a central median island in Messenger Avenue, not less than 0.6 metres wide, from the roundabout splitter island to 15 metres past the Messenger Avenue driveway to the site

d approve the installation of a NO STOPPING zone utilising R-400 series signs on both sides of Messenger Avenue east of the intersection with Boorooma Street and ending 10 metres east of the intersection of Phar Lap Place

e approve the installation of an L3 Unbroken Lane Line for a distance of 20 metres from the eastern kerb alignment of Phar Lap Place, maintaining minimum lane widths, at or above three metres

f approve the installation of an R2-14 RIGHT TURN ONLY sign on the central median in Messenger Avenue facing eastbound traffic

g approve the installation of a R2-3 KEEP LEFT sign at the eastern end of the centre median in Messenger Avenue facing westbound traffic

h approve the installation of an R2-9 RIGHT LANE MUST TURN RIGHT sign on the roundabout splitter island in Avocet Drive facing eastbound traffic

i approve the installation of a pedestrian refuge and associated regulatory devices on Avocet Drive, Estella as per conditions of consent for DA14/0673.02

j receive a report at the next Council Meeting regarding Peck Street parking

RECORD OF VOTING ON THE MOTION

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

QUESTIONS/BUSINESS WITH NOTICE

Councillor G Davies requested advice on when the report in response to the Wagga Wagga Roads Notice of Motion from the January 2022 Ordinary Meeting will be presented to Council.

Director Infrastructure Services, Mr W Faulkner, advised that the report will be presented in accordance with the resolution’s six month timeframe, which is scheduled for July/August 2022.

Councillor G Davies asked when consideration for requests for roundabouts to be installed near the Sportsman’s Hotel (intersections at Kindcaid and Simmons St and Gurwood and Beckwith St) will added to the agenda of next Traffic Committee Meeting.

Councillor R Foley requested that the school drop off and pick up area at the lower end of Macleay Street at the corner be investigated, and possibly referred to the Traffic Committee, to see if it could be moved around the corner to where the pedestrian crossing is and a shelter also erected in an attempt to alleviate vandalism issues raised by residents of the area.

Councillor R Foley requested information on the agreement between Council and Revenue NSW, including a cost benefit analysis, to consider whether Council should instead administer fine collections ‘in house’.

Councillor M Henderson requested that Council inspect and undertake repairs to lighting on Cassidy Bridge Footbridge.

Councillor M Henderson requested information on the Umbango Creek Bridge maintenance project, including details of the assessment and rectification process and whether it will be fully enclosed.

Director Infrastructure Services, Mr W Faulkner, advised that the current works include identifying the extent of current failures in relation to the bridge beams and putting in place rectification and there are no current plans to close the bridge.

Councillor A Parkins requested that Council review if the programmed light schedule at Equex can be extended beyond 7:30pm, to ensure adequate lighting is provided for users of the facility.

Councillor A Parkins requested information on future plans to improve Byrnes Road including the status of a previous question raised by Councillor D Hayes to install reflectors along this road.

Councillor A Parkins requested whether prioritisation can be given to installing a footpath on Dalman Parkway (between Kimba Drive and South City Shopping Centre).

Councillor J McKinnon requested feedback on the status of technology and equipment at the Senior Citizens Centre, and if and when an upgrade of this equipment will be taking place, in particular the projector.

Director Community Services, Ms J Summerhayes advised that an upgrade of technology and equipment is planned with budget allocated to this upgrade. Further information will be provided to Councillors through the Councillor Bulletin.

Confidential Reports

CONF-1 EXPRESSION OF INTEREST FOR LEASE - 99 PETER STREET, WAGGA WAGGA

22/174 RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a authorise the General Manager or their delegate to proceed with an Expression of Interest campaign for the lease of premises at 99 Peter Street, Wagga Wagga including the engagement of real estate agents as recommended

b receive a further report from Council staff at the completion of the Expression of Interest campaign detailing the applicants and assessment against selection criteria and a recommendation as to a preferred applicant (if any)

RECORD OF VOTING ON THE MOTION

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

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 7:04pm.

…………………………………………………..

MAYOR