Minutes of Ordinary Meeting of Council - Monday, 18 July 2022

Minutes of the Ordinary Meeting of Council held on Monday 18 July 2022.

The Mayor, Councillor Dallas Tout

Councillor Georgie Davies

Councillor Dan Hayes

Councillor Michael Henderson

Councillor Richard Foley

Councillor Rod Kendall

Councillor Tim Koschel

Councillor Jenny McKinnon

Councillor Amelia Parkins

General Manager (Mr P Thompson)

Director Community (Ms J Summerhayes)

Director Infrastructure Services (Mr W Faulkner)

Chief Financial Officer (Mrs C Rodney)

Chief Operating Officer (Mr S Gray)

Manager Corporate Governance & Risk (Ms I Hensley)

Manager Community Services (Ms M Scully)

Manager Environmental & Regulatory Services (Mr M Gardiner)

Corporate Governance Coordinator (Mrs N Johnson)

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

Property Coordinator (Mr M Dombrovski)

Communications & Engagement Officer (Mrs M Schoonmaker)

Communications & Engagement Officer (Ms C Jones)

Governance Officer (Ms K West)

Environmental Coordinator (Mrs Carly Hood)

Visitor Economy Development Officer (Ms Kimberly Parker)

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.

LEAVE OF ABSENCE

22/210 RESOLVED:

On the Motion of Councillors D Hayes and T Koschel

That Council grant Leave of Absence to Councillor Georgie Davies from Monday, 10 October 2022 to Monday, 5 December 2022 inclusive, noting this leave of absence includes Council, Public Art Advisory Panel and Australia Day Committee meetings for this 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

NOTICE TO MEETING

The proceedings of all Council meetings in open session, including all debate and addresses by the public, are recorded (audio visual) and livestreamed on Council’s website including for the purpose of facilitating community access to meetings and accuracy of the Minutes.

In addition to webcasting council meetings, audio recordings of confidential sessions of Ordinary Meetings of Council are also recorded, but do not form part of the webcast.

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 27 JUNE 2022

22/211 RESOLVED:

On the Motion of Councillors R Kendall and M Henderson

That the Minutes of the proceedings of the Ordinary Council Meeting held on 27 June 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 A Parkins declared a Non-Significant Non-Pecuniary Interest in CONF-1 RAIDERS NRL MATCH 2023, 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 Interest in RP-7 2022/23 BUDGET VARIATIONS AND 30 JUNE 2022 INVESTMENT REPORT, the reason being that his employer is named in the report and remained in the chamber during its consideration.

Councillor R Kendall declared a Non-Significant Non-Pecuniary Interest in RP-3 MAJOR EVENTS FESTIVALS AND FILMS SPONSORSHIP - ROUND ONE, the reason being that he has undertaken voluntary work with the Rywang community, however not in relation to the sponsorship application, and remained in the chamber during its consideration.

The Mayor, Councillor D Tout declared a Significant Non-Pecuniary Interest in RP-3 MAJOR EVENTS FESTIVALS AND FILMS SPONSORSHIP - ROUND ONE, the reason being that he provides ongoing support to the Rywang community, and vacated the chamber during its consideration.

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

22/212 RESOLVED:

On the Motion of Councillors D Hayes and T Koschel

That Council bring forward consideration of EnGlobo.

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

PROCEDURAL MOTION - ENGLOBO

22/213 RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

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-4 to RP-6, RP-8, RP-9, CONF-1 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

PUBLIC DISCUSSION FORUM

Nom-1 NOTICE OF MOTION - CAT CONTAINMENT

· Dr Lynne Bodell (Lynne Bodell Veterinary Clinic) – Speaking in favour of the report

RP-2 PECK STREET PARKING - WAGGA WAGGA BASE HOSPITAL

· Mr Michael Morris (Murrumbidgee Local Health District - Wagga Wagga Base Hospital) – Speaking against the Report.

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

22/214 RESOLVED:

On the Motion of Councillors J McKinnon and G Davies

That Council bring forward consideration of NOM-1 NOTICE OF MOTION - CAT CONTAINMENT and RP-2 PECK STREET PARKING - WAGGA WAGGA BASE HOSPITAL to follow the public discussion Forum.

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 - CAT CONTAINMENT

22/215 RESOLVED:

On the Motion of Councillors J McKinnon and T Koschel

That Council:

a write to the Office of Local Government and to any other relevant agency to request an update to any changes in legislation for NSW to provide a mechanism for Councils to introduce cat curfews in their Local Government Areas (LGA) to more responsibly manage cats

b write to LGNSW requesting an update of any advocacy on this issue since cat containment became part of the policy platform in 2019

c receive a report that considers

i any additional actions or policy changes open to Council at this time in order to encourage responsible cat management and cat containment in the Wagga Wagga LGA

ii the current NSW State Government program “Keeping Cats Safe at Home” and whether it is worthwhile asking for inclusion if the program is expanded outside of the current 10 councils over the remaining 3 years left on the project

RECORD OF VOTING ON THE MOTION

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

RP-2 PECK STREET PARKING - WAGGA WAGGA BASE HOSPITAL

22/216 RESOLVED:

On the Motion of Councillors R Kendall and D Hayes

That Council:

a revoke the Murrumbidgee Local Health District “Authorised Vehicles Only” arrangement on Peck Street, Wagga Wagga upon completion of the multi-storey car park

b notify the Murrumbidgee Local Health District in writing of Councils decision, and

c remove the “MLHD Authorised Vehicles Only” parking signs on Peck Street to change the on-street parking to unrestricted parallel parking, 14 days after the notification is provided to the Murrumbidgee Local Health District

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

Councillor Report

CR-1 REPORT ON LGNSW SPECIAL CONFERENCE

22/217 RESOLVED:

On the Motion of Councillors D Hayes and A Parkins

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

Reports from Staff

RP-1 2021/22 MULTI-SPORT COMMUNITY FACILITY FUND - GRANT OFFER

22/218 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council:

a accept the funding offer of $5,000,000 for Stage 1 of the Bolton Park Sports Hub project

b accept the funding offer of $2,741,255 for the construction of a synthetic running track at the Bill Jacob Athletics Centre

c authorise the General Manager or delegate to enter funding agreements with the NSW Office of Sport for these projects

d authorise the General Manager or delegate to enter a funding agreement with Tennis NSW for the Bolton Park Sports Hub contribution

e authorise the affixing of Council’s common seal to any relevant documents as required

f approve the budget variations as detailed in the financial implication section of 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

RP-2 - Peck Street Parking - Wagga Wagga Base Hospital was moved to follow the public discussion forum.

RP-3 MAJOR EVENTS FESTIVALS AND FILMS SPONSORSHIP - ROUND ONE

The Mayor, Councillor D Tout declared a Significant Non-Pecuniary Interest and vacated the Chamber and the Chair, the time being 7:10pm.

Deputy Mayor, Councillor J McKinnon assumed the Chair, the time being 7.10pm.

22/219 RESOLVED:

On the Motion of Councillors D Hayes and A Parkins

That Council:

a authorise the General Manager or their delegate to enter into an agreement to sponsor the following events through the 2022/23 Major Events and Sponsorship budget:

i. Bush Fringes ‘Wagga Wagga Fringe Festival’ to the amount of $10,000 with spending conditions

ii. Apex Club of South Wagga Wagga’s ‘Motor Mania’ to the amount of $10,000

b decline the application for sponsorship from the Rywang Community Wagga Wagga for Australia Rvwang Dvci Oqa Wa

RECORD OF VOTING ON THE MOTION

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

Deputy Mayor, Councillor J McKinnon vacated the Chair, the time being 7.13pm.

The Mayor, Councillor D Tout re-entered the Chamber and assumed the Chair, the time being 7:13pm.

RP-4 APPLICATIONS FOR SUBSIDY FOR WASTE DISPOSAL FOR CHARITY OGANISATIONS

22/220 RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council endorse the annual waste disposal subsidies for the total amount of $5,050.00 for 2022/23 for the applicants as referred to in this 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

RP-5 LEASE OF BOLTON PARK INDOOR RECREATION FACILITY - PART LOT 7069 DP 1043666 - CHANGE OF LEASING ENTITY

22/221 RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council:

a authorise the General Manager or delegate to enter into a Lease with Airborne Gymnastics Pty Ltd (ACN: 142 471 056) in its capacity as Trustee of the Appleton-Seymour Family Trust for occupation of the indoor recreation facility at Bolton Park for a period of five years with an option for a further five years

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

c authorise the affixing of Council’s common seal to any relevant documents 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-6 ACQUISITION, DISPOSAL AND MANAGEMENT OF LAND POLICY POL 038

22/222 RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council:

a note that there were no public submissions received during the exhibition period for Acquisition, Disposal and Management of Land Policy (POL 038)

b adopt the Acquisition, Disposal and Management of Land Policy (POL 038)

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-7 2022/23 BUDGET VARIATIONS AND 30 JUNE 2022 INVESTMENT REPORT

22/223 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council:

a approve the proposed 2022/23 budget variations as presented in this report

b 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

c note the indicative details of the external investments as at 30 June 2022 in accordance with section 625 of the Local Government Act 1993. Final investment figures will be included in Council’s 2021/22 financial statements.

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-8 REQUESTS FOR FINANCIAL ASSISTANCE

22/224 RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council:

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

i. Wagga Wagga Circus Quirkus $2,400.00 (Request 1)

ii. St Vincent de Paul Society $1,680.00 (Request 2)

iii. PCYC Savannah Pride Program $1,188.10 (Request 3)

b note the proposed budget available for financial assistance requests for the remainder of the 2022/23 financial year

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-9 RESPONSE TO QUESTIONS/BUSINESS WITH NOTICE

22/225 RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

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 R Foley requested that Council consider membership with the Local Government Information Unit.

Councillor R Foley requested a further update on placing a streetlight at the intersection of Old Narrandera Road and Pine Gully Road and invited Council to look at options for the timeframe for installation to be reduced.

Director of Infrastructure, Mr W Faulkner advised that the design is currently in progress to be completed in September 2022. The reason for the outlined timeframe, is a result of standard procurement processes, including request for quotation and engagement of contractors prior to commencement of works.

Councillor M Henderson requested information regarding the reasoning behind new line markings on Holbrook Road.

Director of Infrastructure, Mr W Faulkner advised that the line markings were applied following the recent Road Safety Audit completed by Transport NSW, to ensure our roads are compliant with Austroads Standards.

Councillor M Henderson requested an update on the future use of the crown land bordered by Nelson Drive, Plumpton Road and the Wagga Boat Club, in particular the status of proposed developments such a primitive campground and driving range.

Councillor M Henderson requested information in relation to a matter regarding a tree request within the Crooked Creek subdivision.

The General Manager, Mr P Thompson advised a workshop will be scheduled for Councillors in relation to this matter, including representation by the applicant and advice on the policy base that applies for these trees.

Councillor R Kendall noted recent road makings that identify areas of future maintenance and road repairs and requested that an update on Council’s intention, particularly for the more significant road repairs, including a summary of current works, what has been identified and when identified works are to be undertaken, this will allow the community to be informed and community expectations are managed.

Councillor A Parkins requested advice in relation to pedestrian safety in Bourke Street, specifically between Red Hill Road and Fernleigh Road and if options are being explored to improve visibility, safety and amenity of the road for pedestrians and drivers.

Director of Infrastructure, Mr W Faulkner advised that visibility options are being explored with a report being prepared in response to an outstanding Notice of Motion on the matter, which will include options not only for Bourke Street but other pedestrian crossings around the City such as Lake Albert Road and Mitchelmore Street to make improvements to four lane crossings.

Confidential Reports

CONF-1 RAIDERS NRL MATCH 2023

22/226 RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council:

a endorse the hosting of a Raiders NRL Match in 2023

b endorse the General Manager or delegate to enter into a match hosting agreement with the Canberra Raiders

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

d approve the budget variations as detailed in the Financial Implications section of 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

CONF-2 LICENCE AGREEMENT TO WAGGA WAGGA SCHOOL OF ARTS INC. (SOACT) - 18 MATHOURA AVENUE, MOUNT AUSTIN

22/227 RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council:

a delegate authority to the General Manager or delegate to negotiate and enter into a licence agreement with Wagga Wagga School of Arts Inc. (or nominee) for premises located at 18 Mathoura Avenue, Mount Austin, being part of Lot 166 DP 26885

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

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

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

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 7.25pm.

…………………………………………………..

MAYOR