Minutes of Ordinary Meeting of Council - Monday, 13 March 2023

Minutes of the Ordinary Meeting of Council held on Monday 13 March 2023.

The Mayor, Councillor Dallas Tout

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)

Director Strategy and Projects (Mr P McMurray)

Director Regional Activation (Mr J Sidgwick)

Chief Financial Officer (Mrs C Rodney)

Executive Director - People & Culture (Mrs F Piltz)

Manager Governance and Risk (Ms I Hensley)

Manager Development Assessment & Building

Certification (Mr P O’Brien)

Corporate Governance Coordinator (Mrs N Johnson)

Media, Communications & Engagement Coordinator (Mr M Casey)

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.

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 was received and accepted for Chief Operating Officer, Mr S Gray on the Motion of Councillors D Hayes and T Koschel.

LEAVE OF ABSENCE

23/001 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council grant Leave of Absence to Councillor M Henderson for the period 14 to 26 April 2023 inclusive.

Council noted that Leave of Absence was granted to Councillor G Davies for 13 March 2023 at its meeting held 13 February 2023.

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 27 FEBRUARY 2023

23/049 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That the Minutes of the proceedings of the Ordinary Council Meeting held on 27 February 2023 be confirmed as a true and accurate record.

Declarations Of Interest

Councillor T Koschel declared a Non-Significant Non-Pecuniary Interest in RP-3 FINANCIAL PERFORMANCE REPORT AS AT 28 FEBRUARY 2023 the reason being that his 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 CONF-1 RFT2023-17 PROVISION OF TRADE SERVICES the reason being that some of the contractors named in the report have undertaken private work for him in the past and remained in the chamber during its consideration.

Councillor M Henderson declared a Significant Non-Pecuniary Interest in CONF-1 RFT2023-17 PROVISION OF TRADE SERVICES the reason being that he has business dealings with several of the companies or businesses tendering for these contracts and vacated the chamber during its consideration.

Councillor A Parkins declared a Significant Non-Pecuniary Interest in RP-3 FINANCIAL PERFORMANCE REPORT AS AT 28 FEBRUARY 2023 the reason being that her employer is named in the report and vacated the chamber during its consideration.

PROCEDURAL MOTION - ENGLOBO

23/050 RESOLVED:

On the Motion of Councillors D Hayes 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 CR-1, CR-2, RP-4 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
D Hayes
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

PUBLIC DISCUSSION FORUM

RP-1 DA22/0568 - Construction of shed for use as seven depots with associated parking and landscaping at 114-116 Marah St NORTH WAGGA WAGGA NSW 2650 Lot 345 DP1124792

· Dr Graeme White - Speaking against the recommendation

· Dr Michael Friend - Speaking against the recommendation

· Mr Robert Gordon Moore - Speaking in favour of the recommendation

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

23/051 RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council move forward consideration of RP-1 DA22/0568 - Construction of shed for use as seven depots with associated parking and landscaping at 114-116 Marah St NORTH WAGGA WAGGA NSW 2650 Lot 345 DP1124792 to follow the public discussion forum.

RECORD OF VOTING ON THE MOTION

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

RP-1 DA22/0568 - Construction of shed for use as seven depots with associated parking and landscaping at 114-116 Marah St NORTH WAGGA WAGGA NSW 2650 Lot 345 DP1124792

23/052 RESOLVED:

On the Motion of Councillors D Hayes and A Parkins

That Council approve DA22/0568 for Construction of shed for use as seven depots with associated parking and landscaping at 114-116 Marah Street, North Wagga Wagga subject to the conditions outlined in the Section 4.15 Assessment Report.

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

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

With the vote being tied four all, The Mayor, Councillor D Tout used his casting vote for the Motion.

Councillor Reports

CR-1 SWITCH 2022 DELEGATE REPORT

23/053 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council receive and note the report.

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
The Mayor, Councillor D Tout
D Hayes
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

CR-2 NÖRDLINGEN 2022 DELEGATE REPORT

23/054 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council receive and note the report.

RECORD OF VOTING ON THE MOTION

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

Reports from Staff

RP-1 DA22/0568 - Construction of shed for use as seven depots with associated parking and landscaping at 114-116 Marah St NORTH WAGGA WAGGA NSW 2650; Lot 345 DP1124792 was moved forward to follow the public discussion forum.

RP-2 RESPONSE TO NOTICE OF MOTION - PROPOSED ZERO-BASED BUDGET APPROACH

23/055 RESOLVED:

On the Motion of Councillors R Kendall and D Hayes

That Council:

a note the listed benefits and outlined drawbacks to council and the community of a zero-based budget approach

b note the estimated costs and timing to undertake a zero-based budget

c note the potential funding options/grants to undertake a zero-based budget

d undertake the proposed zero-based based budget program across the three (3) areas identified in the Report

e reassess the zero-based budget program on completion of the three (3) areas identified in (d) above

RECORD OF VOTING ON THE MOTION

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

RP-3 FINANCIAL PERFORMANCE REPORT AS AT 28 FEBRUARY 2023

Councillor A Parkins declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 7:15pm.

23/056 RESOLVED:

On the Motion of Councillors D Hayes and R Foley

That Council:

a approve the proposed 2022/23 budget variations for the month ended 28 February 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 28 February 2023 in accordance with section 625 of the Local Government Act 1993

e approve the transfer of Additional Special Variation (ASV) funds to a separate reserve to fund future year bottom line deficits as per Resolution 22/122

f accept the grant funding offers as presented in this report

RECORD OF VOTING ON THE MOTION

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

Councillor A Parkins re-entered the chamber, the time being 7:16pm.

RP-4 Review of Finance Policies

23/057 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council:

a endorse and place the draft Loans to Community Organisations Management Policy (POL 010), Financial Assistance Policy (POL 078) and Financial Hardship – Payment Arrangements and Waiving of Interest Policy (POL 102) on public exhibition for a period of 28 days from 17 March 2023 to 14 April 2023 and invite public submissions until 28 April 2023 on the draft policies

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

(i) addressing any submission made in respect of the proposed policies

(ii) proposing adoption of the policies 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
D Hayes
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

RP-5 2023 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT ANNUAL CONFERENCE

23/058 RESOLVED:

On the Motion of Councillors T Koschel and R Kendall

That Council:

a nominate one Councillor and one alternate Councillor to attend the 2023 National General Assembly of Local Government Annual Conference with the Mayor in Canberra from 13 to 16 June 2023

b consider submitting motion/s to the National General Assembly of Local Government Annual Conference as outlined in the Report

RECORD OF VOTING ON THE MOTION

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

Councillor T Koschel nominated Councillor D Hayes.

Councillor D Hayes accepted the nomination.

Councillor R Foley self-nominated as the alternate delegate.

Councillor D Hayes was duly appointed as the Councillor delegate and Councillor R Foley was duly appointed as the alternate Councillor delegate to attend the 2023 National General Assembly of Local Government Annual Conference with the Mayor in Canberra from 13 to 16 June 2023.

RP-6 2023 FLOODPLAIN MANAGEMENT NATIONAL CONFERENCE

23/059 RESOLVED:

On the Motion of Councillors R Kendall and T Koschel

That Council:

a consider Council representation at the 2023 Floodplain Management National Conference to be held in Sydney from 23 to 26 May 2023

b appoint one (1) Councillor as Council’s delegate to attend the Floodplain Management Australia National Conference

RECORD OF VOTING ON THE MOTION

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

Councillor T Koschel nominated Councillor J McKinnon.

Councillor J McKinnon accepted the nomination.

Councillor J McKinnon was duly appointed as the Councillor delegate to attend the 2023 Floodplain Management National Conference to be held in Sydney from 23 to 26 May 2023.

RP-7 REVISED 2023 COUNCIL MEETING SCHEDULE

23/060 RESOLVED:

On the Motion of Councillors T Koschel and J McKinnon

That Council approve an additional Ordinary Council meeting to be held 26 April 2023.

RECORD OF VOTING ON THE MOTION

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

RP-8 QUESTIONS WITH NOTICE

23/061 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
D Hayes
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

closed COUNCIL

23/062 RESOLVED:

On the Motion of Councillors D Hayes and T Koschel

That the Council now resolve itself into a Closed Council, the time being 7.38pm.

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

Confidential Reports

CONF-1 RFT2023-17 PROVISION OF TRADE SERVICES

Councillor M Henderson declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 7:39pm

23/063 RESOLVED:

On the Motion of Councillors T Koschel and D Hayes

That Council:

a accept the tender offers of the trade service professionals as indicated in Table 1 of the body of this report for the provision of trade services to Council for a period of 12 months

b authorise the General Manager or their delegate to enter contracts with the entities listed in Item A of this resolution

c authorise the General Manager or their delegate to extend the contact for 3 x 12-month periods as allowed for in the contract and at the sole discretion of Council

d authorise the affixing of Council’s Common Seal to all relevant documents as required

RECORD OF VOTING ON THE MOTION

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

Councillor M Henderson re-entered the chamber, the time being 7:39pm.

CONF-2 APPOINT CO-OPTED MEMBERS TO FLOODPLAIN RISK MANAGEMENT ADVISORY COMMITTEE

23/064 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council:

a appoint two (2) community representatives as co-opted members who reside within the North Wagga Wagga levee system as contained in this report

b appoint one (1) community representative as a co-opted member who resides within the Uranquinty area as contained in this report

c note no expressions of interest were received from community members who reside within the wider floodplain area, with identified engagement and consultation to be undertaken directly with those groups in relation to the project

RECORD OF VOTING ON THE MOTION

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

CONF-3 POSSIBLE BUSINESS OPPORTUNITY ARISING FROM THE SISTER CITY VISIT TO NORDLINGEN

23/065 RESOLVED:

On the Motion of The Mayor Councillor D Tout and Councillor D Hayes

That Council:

a receive and note the report and the proposed future communication in pursuit of this business opportunity for the region

b receive a further report by 30 September 2023 in relation to progress in this matter

RECORD OF VOTING ON THE MOTION

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

Reversion to open COUNCIL

23/066 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 7.48pm.

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 7.51pm.

…………………………………………………..

MAYOR