Minutes of the Ordinary Meeting of Council held on Monday 27 February 2023.

 

Present

The Mayor, Councillor Dallas Tout

Councillor Georgie Davies

Councillor Dan Hayes

Councillor Michael Henderson

Councillor Richard Foley

Councillor Rod Kendall

Councillor Jenny McKinnon

Councillor Amelia Parkins

In Attendance

General Manager                                                                    (Mr P Thompson)

Director Community                                                               (Ms J Summerhayes)

Director Strategy and Projects                                              (Mr P McMurray)

Director Regional Activation                                                 (Mr J Sidgwick)

Chief Financial Officer                                                           (Mrs C Rodney)

Chief Operating Officer                                                          (Mr S Gray)

Executive Director - People & Culture                                 (Mrs F Piltz)

Manager Development Assessment & Building

Certification                                                                              (Mr P O’Brien)

Project Officer - Activation Precinct                                     (Mrs A Crossley)

Property Coordinator                                                              (Mr M Dombrovski)

Corporate Governance Coordinator                                    (Mrs N Johnson)

Communications & Engagement Officer                             (Mrs M Schoonmaker)

Governance Officer                                                                (Ms K West)

 

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.

 

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.

REFLECTION

Councillors, let us in silence reflect upon our responsibilities to the community which we represent, and to all future generations and faithfully, and impartially, carry out the functions, powers, authorities and discretions vested in us, to the best of our skill and judgement.

 

APOLOGIES

An apology for non-attendance for Director Infrastructure Services, Mr W Faulkner was received and accepted on the Motion of Councillors R Kendall and J McKinnon.

LEAVE OF ABSENCE

Council noted that Leave of Absence was granted by Council at its meeting on 13 February 2023 to Councillor Tim Koschel for 27 February 2023.

 

Confirmation of Minutes

CM-1         ORDINARY COUNCIL MEETING - 13 FEBRUARY 2023

 

23/              RESOLVED:

                   On the Motion of Councillors G Davies and R Kendall

That the Minutes of the proceedings of the Ordinary Council Meeting held on 13 February 2023 be confirmed as a true and accurate record.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

D Tout

 

G Davies

 

D Hayes

 

M Henderson

 

R Foley

 

R Kendall

 

J McKinnon

 

A Parkins

 

 

Declarations Of Interest

Councillor R Kendall declared a Pecuniary Interest in RP-1 DA22/0346 - Service Station, 232-236 Hammond Avenue, East Wagga Wagga, the reason being that he has an interest in the property and vacated the chamber during its consideration.

 

Councillor R Kendall declared a Significant Non-Pecuniary Interest in CONF-1 RIFL/SAP Agency Appointment - update report following additional information request, the reason being that one of the agents that tendered are currently the acting agent for a related entity and vacated the chamber during its consideration.

 

Councillor G Davies declared a Pecuniary Interest in RP-1 DA22/0346 - Service Station, 232-236 Hammond Avenue, East Wagga Wagga the reason being that a member of her family is a part owner in the land being considered and vacated the chamber during its consideration.

 

Councillor A Parkins declared a Significant Non-Pecuniary Interest in RP-4 NSW Stronger Country Communities Round 5 Successful Funding, the reason being that her employer is named in the report and vacated the chamber during its consideration.

 

Councillor R Foley declared a Significant Non-Pecuniary Interest in RP-2 Proposed Planning Agreement 12 Blake Street, Wagga Wagga, the reason being that he has undertaken works for the proponent and vacated the chamber during its consideration.

 

Chief Operating Officer, Mr S Gray declared a Significant Non-Pecuniary Interest in RP-4 NSW Stronger Country Communities Round 5 Successful Funding, the reason being that he holds a position on the Board of Wagga Basketball and vacated the chamber during its consideration.

 

Chief Financial Officer, Mrs C Rodney declared a Significant Non-Pecuniary Interest in CONF-1 RIFL/SAP Agency Appointment - update report following additional information request, the reason being her husband’s family business has business dealings with one of the tenderers listed for consideration and vacated the chamber during its consideration.

 

 

PROCEDURAL MOTION - ENGLOBO

23/035       RESOLVED:

                   On the Motion of Councillors R Kendall and D Hayes

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-5 to RP-7 and M-1 be adopted as recommended in the business papers.

CARRIED

 


 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

D Tout

 

G Davies

 

D Hayes

 

M Henderson

 

R Foley

 

R Kendall

 

J McKinnon

 

A Parkins

 

 

Councillors R Kendall and G Davies declared Pecuniary Interests in RP-1 DA22/0346 - Service Station, 232-236 Hammond Avenue, East Wagga Wagga and vacated the chamber the time being 6.06pm.

 

PUBLIC DISCUSSION FORUM

 

RP-1   DA22/0346 - Service Station, 232-236 Hammond Avenue, East Wagga Wagga

 

·         Jessica Lauretti - Speaking in favour the recommendation

 

Reports from Staff

RP-1          DA22/0346 - Service Station, 232-236 Hammond Avenue, East Wagga Wagga

Councillors R Kendall and G Davies declared Pecuniary Interests and vacated the chamber the time being 6.06pm.

23/036       RESOLVED:

                   On the Motion of Councillors D Hayes and J McKinnon

That Council approve DA22/0346 subject to the conditions outlined in the Section 4.15 Assessment Report.

CARRIED

 

RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS - SECTION 375A(3) LOCAL GOVERNMENT ACT 1993

For the Motion

Against the Motion

D Tout

J McKinnon

D Hayes

 

M Henderson

 

R Foley

 

A Parkins

 

 

 

Councillors R Kendall and G Davies re-entered the chamber, the time being 6:17pm.

 

 

RP-2          PROPOSED PLANNING AGREEMENT 12 BLAKE STREET, WAGGA WAGGA

Councillor R Foley declared a Significant Non-Pecuniary Interest and vacated the chamber the time being 6:17pm.

23/037       RESOLVED:

                   On the Motion of Councillors J McKinnon and R Kendall

That Council:

a       note the written submissions received during the public exhibition period for the draft 12 Blake Street proposed planning agreement associated with DA19/0125

b       authorise the General Manager or their delegate to develop and execute a Planning Agreement for 12 Blake Street including the Explanatory Note and any other relevant documents on behalf of Council relating to Lot 13 DP 1211352 and associated with DA19/0125

c       authorise the affixing of the Wagga Wagga City Council common seal to all relevant documents as required

d       authorise the General Manager or their delegate to refund the Section 7.12 contributions paid for DA19/0125

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

D Tout

 

G Davies

 

D Hayes

 

M Henderson

 

R Kendall

 

J McKinnon

 

A Parkins

 

 

 

Councillor R Foley re-entered the chamber the time being 6:25pm.


 

 

RP-3          REQUEST FOR FINANCIAL ASSISTANCE - SECTION 356

 

23/038       RESOLVED:

                   On the Motion of Councillors R Kendall and D Hayes

That Council:

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

i         Department of Planning and Environment for $6,619

ii        Cricket NSW Baggy Blues Charity Cricket Match for $626.00

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

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

D Tout

 

G Davies

 

D Hayes

 

M Henderson

 

R Foley

 

R Kendall

 

J McKinnon

 

A Parkins

 

 

 

RP-4          NSW STRONGER COUNTRY COMMUNITIES ROUND 5 SUCCESSFUL FUNDING

Councillor A Parkins declared a Significant Non-Pecuniary Interest and vacated the chamber the time being 6:26pm.

Mr S Gray declared a Significant Non-Pecuniary Interest and vacated the chamber the time being 6:26pm.

23/039       RESOLVED:

                   On the Motion of Councillors G Davies and J McKinnon

That Council:

a       accept the funding offer of $1,571,466 from Department of Regional NSW for the Stronger Country Communities Fund (SCCF) Round 5 Funding

b       approve the budget variation/s as detailed in the Financial Implications section of the report

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

D Tout

 

G Davies

 

D Hayes

 

M Henderson

 

R Foley

 

R Kendall

 

J McKinnon

 

 

Councillor A Parkins re-entered the chamber, the time being 6:28pm.

Mr S Gray re-entered the chamber, the time being 6:28pm.

 

RP-5          FINANCIAL PERFORMANCE REPORT AS AT 31 JANUARY 2023

 

23/040       RESOLVED:

                   On the Motion of Councillors R Kendall and D Hayes

That Council:

a       approve the proposed 2022/23 budget variations for the month ended 31 January 2023 and note the balanced budget position as presented in this report

b       approve the proposed budget variations to the 2022/23 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 2021 (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 of 31 January 2023 in accordance with section 625 of the Local Government Act 1993

e       accept the grant funding offers as presented in this report

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

D Tout

 

G Davies

 

D Hayes

 

M Henderson

 

R Foley

 

R Kendall

 

J McKinnon

 

A Parkins

 

 

RP-6          Revaluation of Property Land Values for Rating Purposes - Base Date 1 July 2022

 

23/041       RESOLVED:

                   On the Motion of Councillors R Kendall and D Hayes

That Council:

a       note that NSW Valuer General has conducted a general revaluation of all parcels of land within the Wagga Wagga Local Government Area - Base Date 1 July 2022

b       note that the new land values will be applied for all properties for the 2023/24 rating year

c       note that Council is only permitted to increase the total rates income received by the IPART allowable rate peg percentage, which is 3.8% for the 2023/24 rating year

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

D Tout

 

G Davies

 

D Hayes

 

M Henderson

 

R Foley

 

R Kendall

 

J McKinnon

 

A Parkins

 

 

RP-7          RESOLUTIONS AND NOTICES OF MOTIONS REGISTERS

 

23/042       RESOLVED:

                   On the Motion of Councillors R Kendall and D Hayes

That Council receive and note the following registers:

a       Active Resolutions as at 21 February 2023

b       Active Notice of Motions as at 21 February 2023

c       Resolutions including Notice of Motions completed from 24 January 2023 to 21 February 2023

CARRIED


 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

D Tout

 

G Davies

 

D Hayes

 

M Henderson

 

R Foley

 

R Kendall

 

J McKinnon

 

A Parkins

 

 

RP-8          QUESTIONS WITH NOTICE

 

23/043       RESOLVED:

                   On the Motion of Councillors D Hayes and J McKinnon

That Council receive and note the report.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

D Tout

 

G Davies

 

D Hayes

 

M Henderson

 

R Foley

 

R Kendall

 

J McKinnon

 

A Parkins

 

 

 

Committee Minutes

M-1            LOCAL TRAFFIC COMMITTEE MEETING - 1 DECEMBER 2022

 

23/044       RESOLVED:

                   On the Motion of Councillors R Kendall and D Hayes

That Council:

a       receive the minutes of the Local Traffic Committee Meeting held on 1 December 2022

b       approve the installation of regulatory traffic facilities on Byrnes Road, Bomen for Development Application Number 13/0219.02 as detailed on MJM Project Number 120341 Sheet C7 Issue E dated August 2022

c       approve the installation of regulatory signs and road markings on Mortimer Place and Chaston Street, as detailed on Council Plan Registration Number C2164 Sheet Number 003 Issue 3 dated 24 August 2022

d       approve the installation of signs, road markings and traffic management facilities on Old Narrandera Road and Pine Gully Road as detailed on Council Plan Registration Number C2078 Sheet Number 15-16 Issue 4 dated 13 January 2022

e       approve the installation of a length of NO PARKING zone, five metres either side of the driveway situated a 1 Wentworth Street, East Wagga utilising R540 series signs

f        approve the installation of a NO PARKING 7am-5pm SCHOOL DAYS zone on the Bourke Street Service Road, adjacent to and opposite the northern access driveway to Mount Austin Public School utilising R5-40 signs

g       approve the installation of 20 metres of BUS ZONE using R5-20 signs on the eastern side of Boorooma Street just north of Messenger Avenue

h       approve the installation of refuge islands and regulatory devices associated with the Active Travel Project as detailed on Council Plan Registration Numbers C2116 issue C, sheet 3 and C2120 issue A, sheet 8

i         approve the installation of a length of NO STOPPING and other prescribed traffic control devices on Hammond Avenue in compliance with the determination of development consent for DA 22/0121 and Eclipse Consulting Engineers Drawing Numbers C303-P10 and C304-P10 dated Jan 2022

j         note the schedule of meeting dates for the next 12 months as outlined in the report

CARRIED

 

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

D Tout

 

G Davies

 

D Hayes

 

M Henderson

 

R Foley

 

R Kendall

 

J McKinnon

 

A Parkins

 

 


 

 

closed COUNCIL

23/045       RESOLVED:

                   On the Motion of Councillors J McKinnon and M Henderson

That the Council now resolve itself into a Closed Council, the time being 6.40pm.

CARRIED

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

 

Confidential Reports

CONF-1    RiFL/SAP AGENCY APPOINTMENT - UPDATE REPORT FOLLOWING ADDITIONAL INFORMATION REQUEST

Councillor R Kendall declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 6:41pm.

Mrs C Rodney, declared a Significant Non-Pecuniary Interest and vacated the chamber the time being 6:41pm.

23/046       RESOLVED:

                   On the Motion of Councillors J McKinnon and D Hayes

That Council:

a       appoint Colliers International (ACT) Pty Ltd (ABN: 90 008 450 475) to provide real estate agency services on the schedule of rates submitted in the offer

b       authorise the General Manager or delegate to enter a contract with Colliers International (ACT) Pty Ltd (ABN: 90 008 450 475) for real estate agency services

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

d       approve the budget variation/s as detailed in the Financial Implications section of the report

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

D Tout

M Henderson

G Davies

 

D Hayes

 

R Foley

 

J McKinnon

 

A Parkins

 

 

Councillor R Kendall re-entered the chamber, the time being 6:49pm.

 

Reversion to open COUNCIL

23/047       RESOLVED:

                   On the Motion of Councillors J McKinnon and D Hayes

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

CARRIED

 

 

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 6.47pm.

 

…………………………………………………..

                                                                                                      MAYOR