Minutes of the Ordinary Meeting of Council held on Monday 8 May 2023.

 

Present

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

In Attendance

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)

Chief Operating Officer                                                          (Mr S Gray)

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)

Communications & Engagement Officer                             (Mr M Casey)

Manager Community Services                                              (Ms M Scully)

Cultural Officer                                                                        (Ms L Reynolds)

Executive Manager, Regional Activation                            (Mrs F Hamilton)

 

 

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

No apologies were received.

Confirmation of Minutes

CM-1         ORDINARY COUNCIL MEETING - 26 APRIL 2023

 

23/095       RESOLVED:

                   On the Motion of Councillors R Kendall and T Koschel

That the Minutes of the proceedings of the Ordinary Council Meeting held on 26 April 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

 

T Koschel

 

J McKinnon

 

A Parkins

 

 

 

Declarations Of Interest

Councillor R Kendall declared a Non-Significant, Non-Pecuniary Interest in RP- 3 Sub-Lease Agreement - Light Aircraft Precinct Hangar 20, Wagga Wagga Airport, Forest Hill - Change of Sub-Leasing Entity, the reason being that he has a similar hanger lease and remained in the chamber during its consideration.

 

Councillor G Davies declared a Significant, Non-Pecuniary Interest in RP-1 DA22/0460 - Two Storey Childcare Centre (46 Places), demolition of existing structures, carparking and fencing, the reason being that a member of her family owns investment properties in Halloran Street and vacated the chamber during its consideration.

 

Councillor G Davies declared a Significant, Non-Pecuniary Interest in RP -3 Sub-Lease Agreement - Light Aircraft Precinct Hangar 20, Wagga Wagga Airport, Forest Hill - Change of Sub-Leasing Entity, the reason being that a member of her family leases a hangar at the airport and vacated the chamber during its consideration.

 

Councillor T Koschel declared a Significant, Non-Pecuniary Interest in CONF-3 Short-Term Accommodation Option, the reason being that a member of his family is looking at business options in the area and vacated the chamber during its consideration.

 

 

PROCEDURAL MOTION - ENGLOBO

23/096       RESOLVED:

                   On the Motion of Councillors D Hayes 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-2, M-1, CONF-2, CONF-4 and CONF-5 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

 

T Koschel

 

J McKinnon

 

A Parkins

 

 

PUBLIC DISCUSSION FORUM

 

Councillor G Davies declared a Significant, Non-Pecuniary Interest and vacated the chamber, the time being 6:08pm.

 

 

RP-1   DA22/0460 - Two Storey Childcare Centre (46 Places), demolition of existing structures, carparking and fencing

·      Steven Kenyon - Speaking against the report

·      Anne Wild - Speaking against the report

·      Darren White - Speaking in favour of the report

 

 

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

 

23/097       RESOLVED:

                   On the Motion of Councillors J McKinnon and A Parkins

That Council move forward consideration of RP-1 DA22/0460 - Two Storey Childcare Centre (46 Places), demolition of existing structures, carparking and fencing to follow the public discussion forum.

CARRIED

 

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          DA22/0460 - Two Storey Childcare Centre (46 Places), demolition of existing structures, carparking and fencing

Councillor G Davies declared a Significant, Non-Pecuniary Interest and vacated the chamber, the time being 6:08pm.

 

A Motion was moved by Councillors R Kendall and D Hayes.

That Council approve DA22/0460 for Two Storey Childcare Centre (46 Places), demolition of existing structures, carparking area and fencing at 32 Halloran Street, Turvey Park NSW 2650 (Lot 29 Section B DP3733) subject to the conditions outlined in the Section 4.15 Assessment Report, with the following amendment:

C.38 No more than 46 children may be in attendance at the centre at any one time.

An AMENDMENT was moved by Councillor A Parkins and seconded by Councillor T Koschel

 

That Council defer consideration pending the provision of detailed responses to some of the matters raised including carparking, drainage and compliance related issues.

 

The AMENDMENT on being put to the meeting was LOST.

 

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

For the Amendment

Against the Amendment

T Koschel

D Tout

J McKinnon

D Hayes

A Parkins

M Henderson

 

R Foley

 

R Kendall

 

Councillor R Foley signalled a FORESHADOWED MOTION to the Mayor.

 

A Motion was moved by Councillors R Kendall and D Hayes.

That Council approve DA22/0460 for Two Storey Childcare Centre (46 Places), demolition of existing structures, carparking area and fencing at 32 Halloran Street, Turvey Park NSW 2650 (Lot 29 Section B DP3733) subject to the conditions outlined in the Section 4.15 Assessment Report, with the following amendment:

C.38 No more than 46 children may be in attendance at the centre at any one time.

The MOTION on being put to the meeting LOST.

 

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

 

J McKinnon

 

A Parkins

 

23/098       RESOLVED:

                   On the Motion of Councillors R Foley and T Koschel

That Council refuse DA22/0460 for Two Storey Childcare Centre (46 Places), demolition of existing structures, carparking area and fencing at 32 Halloran Street, Turvey Park NSW 2650 (Lot 29 Section B DP3733), for the following reasons:

1.     Insufficient information regarding carpark design and compliance.

2.     Concern in relation to movements within the carpark and to and from the car park, creating safety problems for both children and pedestrians and the travelling public

3.     Concern in relation to site constraints and insufficient information upon which to make a decision about carparking and other site layout issues, which may impact on building position and minimum requirements for child care centre play areas

4.     Concern in relation to existing stormwater flow impacts in the precinct and insufficient information upon which to make a decision that effective and practical storm water detention could be achieved on site

CARRIED

 

For the Motion

Against the Motion

M Henderson

D Tout

R Foley

D Hayes

T Koschel

R Kendall

J McKinnon

 

A Parkins

 

 

 

Councillor G Davies re-entered the chamber, the time being 7:55pm.

 

 

 

Motions Of Which Due Notice Has Been Given

NOM-1      NOTICE OF MOTION - NIGHT TIME ACTIVITY AND ECONOMY

 

23/099       RESOLVED:

                   On the Motion of Councillors D Hayes and A Parkins

That Council receives a report about developing a night time activity and economy working group to focus on the specific barriers to overcome and opportunities to increase and develop Wagga’s night time activity and economy.

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

 

T Koschel

 

J McKinnon

 

A Parkins

 

 

 

NOM-2      NOTICE OF MOTION - REDUCING GREENHOUSE EMISSIONS FROM GAS

 

A Motion was moved by Councillor J McKinnon however lapsed due to a lack of a seconder.

 

 

Reports from Staff

RP-1 DA22/0460 - Two Storey Childcare Centre (46 Places), demolition of existing structures, carparking and fencing was moved forward to follow the public discussion forum.

 

 

RP-2          LEASE OF BOLTON PARK INDOOR RECREATION FACILITY - PART LOT 7069 DP 1043666 - UPDATE TO LESSEE DETAILS

 

23/100       RESOLVED:

                   On the Motion of Councillors D Hayes and T Koschel

That Council:

a       authorise the General Manager or delegate to enter into a Lease with Airborne Gymnastics Pty Ltd (ACN: 109 647 350) 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

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

 

T Koschel

 

J McKinnon

 

A Parkins

 

 

Councillor R Foley vacated the chamber, the time being 8:18pm.

 

 

 

 

 

RP-3          SUB-LEASE AGREEMENT - LIGHT AIRCRAFT PRECINCT HANGER 20, WAGGA WAGGA AIRPORT, FOREST HILL - CHANGE OF SUB-LEASING ENTITY

Councillor G Davies declared a Significant, Non-Pecuniary Interest and vacated the chamber, the time being 8:17pm.

23/101       RESOLVED:

                   On the Motion of Councillors D Hayes and T Koschel

That Council:

a       authorise the General Manager or their delegate to enter into a sub-lease agreement with Gwet Pty Ltd (ACN: 085 546 158) for Hanger 20 within the Light Aircraft Precinct at the Wagga Wagga Airport, Forest Hill

b       authorise the General Manager or their 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

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion

Against the Motion

D Tout

 

D Hayes

 

M Henderson

 

R Kendall

 

T Koschel

 

J McKinnon

 

A Parkins

 

 

Councillor G Davies re-entered the chamber, the time being 8:19pm.

 

Councillor R Foley re-entered the chamber, the time being 8:19pm.

 

RP-4          QUESTIONS WITH NOTICE

 

23/102       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

 

T Koschel

 

J McKinnon

 

A Parkins

 

 

 

Committee Minutes

M-1            LOCAL TRAFFIC COMMITTEE MEETING - 23 MARCH 2023

 

23/103       RESOLVED:

                   On the Motion of Councillors D Hayes and T Koschel

That Council:

a       receive the minutes of the Local Traffic Committee Meeting held on 23 March 2023

b       approve the installation of a fifty-metre length of NO PARKING zone in front of the Tarcutta Hotel, Old Hume Highway, Tarcutta with the following restrictions, 6PM to 6AM VEHICLES UNDER 6M EXCEPTED

c       approve the installation of regulatory devices inclusive of control markings and signage, on the Active Travel Project, Forest Hill link between Kooringal Road Kyeamba Avenue, as shown on Council Plan Registrations C2166A Sheet Number 010A Issue G dated 20.02.2023, C2166B/C Sheet Numbers 042 to 052 Issue 1 dated 8.2.2023,  C2166 Sheet Number 003 Issue A dated 4.11.2021, C2166 Sheet Numbers 005 to 017 Issue A dated 4.11.2021 and C2166E Sheet Numbers 016 to 021 Issue A dated 13.4.2023

d       support an application to TfNSW for a reduction to 50 km/h of Mitchell Road North of the Kyeamba Avenue intersection and Tamarind Place, as shown on Council Plan Registration C2166B/C Sheet Number 046 Issue 1 dated 8.2.2023

e       approve the installation of regulatory signs and road markings for the new roundabout at the intersection of College Avenue and Charleville Road, as per Cardno Drawing Number V180855-TR-DG-7002 marked up by BL on 20 December 2022 as Version 3.0

f        approve the installation of R6-10-2 (NO TRUCKS) signs together with R9-221 plates with the words ‘VEHICLES OVER 4.5t GVM - BUSES EXCEPTED at, the entry to College Avenue from Urana Street, the entry to Charleville Road from Bourke Street and the entry to Hely Avenue from Fernleigh Road

g       approve the installation of a shared wombat crossing on Johnston Street east of the intersection of Church Street as per Council Plan Registration C2171 Sheet Numbers 001 to 005 Issue 1 dated 30 November 2022

h       approve the installation of prescribed traffic control devices on Morgan Street outside the Oasis Aquatic Centre as per Council Plan Registration C2158 Sheet Numbers 001 to 007 Issue B dated 20.12.2022

i         approve the installation of prescribed traffic control devices on Bakers Lane at the intersection of the Sturt Highway, as per Sheet 004 of Council Plan Registration C2181 Issue 3 dated 6 March 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

 

T Koschel

 

J McKinnon

 

A Parkins

 

 

closed COUNCIL

23/104       RESOLVED:

                   On the Motion of Councillors R Kendall and J McKinnon

That the Council now resolve itself into a Closed Council, the time being 8:20pm.

CARRIED

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

 

 

 

Confidential Reports

CONF-1    PROPOSED EXPRESSION OF INTEREST CAMPAIGN - OASIS CAFE, OASIS AQUATIC CENTRE, 50 MORGAN STREET, WAGGA WAGGA

 

23/105       RESOLVED:

                   On the Motion of Councillors D Hayes and R Kendall

That Council:

a       endorse the conduct of an Expression of Interest campaign for the licence of the kiosk within the Oasis Aquatic Centre

b       receive a further report at the conclusion of the Expression of Interest campaign

c       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

 

T Koschel

 

J McKinnon

 

A Parkins

 

 

 

CONF-2    RFT2023-14 CONCRETE WORKS & KERB AND GUTTER CONSTRUCTION

 

23/106       RESOLVED:

                   On the Motion of Councillors D Hayes and T Koschel

That Council:

a       accept the schedule of rates (SOR) offers from Connex Group Pty Ltd (ABN: 49 139 202 903), Elliott’s Concreting Pty Ltd (ABN: 84 651 449 571), NSW Building & Civil Pty Ltd (ABN: 82 630 836 234), S & K Kenyon Pty Ltd (ABN: 61 001 592 909) and Turners Civil Pty Ltd (ABN: 18 648 462 837) for the concrete works and kerb and gutter construction panel contract

b       authorise the General Manager or their delegate to enter contracts with Connex Group Pty Ltd (ABN: 49 139 202 903), Elliott’s Concreting Pty Ltd (ABN: 84 651 449 571), NSW Building & Civil Pty Ltd (ABN: 82 630 836 234), S & K Kenyon Pty Ltd (ABN: 61 001 592 909) and Turners Civil Pty Ltd (ABN: 18 648 462 837)) for the concrete works and kerb and gutter construction panel contract

c       authorise the General Manager or their delegate to extend the contract as set out in the contract

d       authorise the affixing of Council’s seal to all documents as necessary

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

 

T Koschel

 

J McKinnon

 

A Parkins

 

 

CONF-3    SHORT-TERM ACCOMMODATION OPTION

Councillor T Koschel declared a Significant, Non-Pecuniary Interest and vacated the chamber, the time 8:38pm.

23/107       RESOLVED:

                   On the Motion of Councillors D Hayes and A Parkins

That Council:

a       note the contents of this report

b       provide in principle support for the establishment of the property named in the body of this report as a preferred site for the location of temporary, closed housing estate, to meet short term worker accommodation needs and longer-term housing availability and affordability

c       conduct an expression of interest in relation to the provision of short-term housing to inform a further report

d       receive a further report, once the full scope, concept designs, costs, and the funding model for the proposed precinct are further developed

e       authorise the General Manager or delegate to enter into discussions with interested parties in relation to the supply and servicing of temporary housing for this site

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

 

 

 

Councillor T Koschel re-entered the chamber, the time being 8:44pm.

 

 

CONF-4    COMMISSIONING OF PUBLIC ARTWORK IN HUMULA

 

23/108       RESOLVED:

                   On the Motion of Councillors D Hayes and T Koschel

That Council:

a       accept the application of artist Alexander Kinneen for the City, Suburbs & Villages 2022/23 commission in Humula

b       authorise the General Manager or their delegate to enter into a contract with recommended artist for the City, Suburbs & Villages 2022/23 commission

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

d       advise the unsuccessful expression of interest applicants in writing

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

 

T Koschel

 

J McKinnon

 

A Parkins

 

 

 

CONF-5    COMMISSIONING OF PUBLIC ART PROJECT IN MOUNT AUSTIN

 

23/109       RESOLVED:

                   On the Motion of Councillors D Hayes and T Koschel

That Council:

a       accept the application of artist Damien Mitchell for the Neighbourhood Engagement 2022/23 commission in Mount Austin

b       authorise the General Manager or their delegate to enter into a contract with recommended artist for the Neighbourhood Engagement 2022/23 commission

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

d       advise the unsuccessful expression of interest applicants in writing

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

 

T Koschel

 

J McKinnon

 

A Parkins

 

 

Reversion to open COUNCIL

23/110       RESOLVED:

                   On the Motion of Councillors R Kendall and J McKinnon

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 8:44pm.

CARRIED

 

 

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 8:46pm.

 

 

…………………………………………………..

                                                                                                      MAYOR