Minutes of Ordinary Meeting of Council - Monday, 7 August 2023

Minutes of the Ordinary Meeting of Council held on Monday 7 August 2023.

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)

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 Community Services (Ms M Scully)

Strategic Sustainability Advisor (Mrs C Hood)

Environmental Officer (Mrs S Pascall)

Destination & Events Coordinator (Ms K Parker)

Manager Development Assessment & Building

Certification (Mr P O’Brien)

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

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.

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.

LEAVE OF ABSENCE

23/001 RESOLVED:

On the Motion of Councillors T Koschel and A Parkins

That Council grant Leave of Absence to Councillor J McKinnon for 15 August 2023 to 27 August 2023 inclusive.

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

Confirmation of Minutes

CM-1 ORDINARY COUNCIL MEETING - 17 JULY 2023

23/177 RESOLVED:

On the Motion of Councillors R Kendall and M Henderson

That the Minutes of the proceedings of the Ordinary Council Meeting held on 17 July 2023 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 T Koschel declared a Significant Non-Pecuniary Interest in RP-1 MORTIMER PLACE TRAFFIC MATTER the reason being that the Business named in the report is a competitor to a family member’s business and vacated the chamber during its consideration.

Councillor M Henderson declared a Significant Non-Pecuniary Interest in NOM-1 NOTICE OF MOTION - SEDIMENT IN LAKE ALBERT the reason being due to his involvement with the Wagga Wagga Boat Club and vacated the chamber during its consideration.

Councillor M Henderson declared a Significant Non-Pecuniary Interest in CONF-1 NEW YEARS EVE 2023 the reason being that the proposed location of the event and his involvement in the Wagga Wagga Boat Club and vacated the chamber during its consideration.

PROCEDURAL MOTION - ENGLOBO

23/178 RESOLVED:

On the Motion of Councillors R Foley 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 CR-1, CR-2, RP-2, RP-4, RP-6, M-1, M-2, CONF-2 and CONF-3 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

NOR-1 NOTICE OF MOTION TO ALTER RESOLUTION - DRAFT COMMUNITY NZE 2050 ROADMAP

· Dr Gordon Murray – speaking in favour of the report

PROCEDURAL MOTION - CHANGE OF STANDING ORDERS

23/179 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council move forward consideration of NOR-1 - NOTICE OF MOTION TO ALTER RESOLUTION - DRAFT COMMUNITY NZE 2050 ROADMAP 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

Notice to alter resolution

NOR-1 NOTICE OF MOTION TO ALTER RESOLUTION - DRAFT COMMUNITY NZE 2050 ROADMAP

A Motion was moved by Councillors D Hayes and R Kendall

That Council alter Resolution No. 23/172 from the 17 July 2023 Ordinary Council Meeting to read as the following.

That Council:

a endorse placing the Draft Community Net Zero Emission (NZE) 2050 Roadmap on public exhibition for a period of 42 days from 11 August 2023 and invite public submissions until 22 September 2023

b reaffirms the intent of the roadmap is to provide guidance to members of the community into the pathways available for them to reduce their own carbon footprint and not a policy or a basis for consideration of future fees or charges

c request that the communication of the roadmap during the public exhibition clearly outline that the document is a roadmap only and not a policy or a basis for consideration of future fees or charges

d receive a further report summarising feedback and submissions

An AMENDMENT was moved by Councillor M Henderson and seconded by Councillor R Foley

That Council alter Resolution No. 23/172 from the 17 July 2023 Ordinary Council Meeting to read as the following.

That Council:

a endorse placing the Draft Community Net Zero Emission (NZE) 2050 Roadmap on public exhibition for a period of 42 days from 11 August 2023 and invite public submissions until 22 September 2023

b reaffirms the intent of the roadmap is to provide guidance to members of the community into the pathways available for them to reduce their own carbon footprint and not a policy or a basis for consideration of future fees or charges

c request that the communication of the roadmap during the public exhibition clearly outline that the document is a roadmap only and not a policy or a basis for consideration of future fees or charges and planning documents

d receive a further report summarising feedback and submissions

RECORD OF VOTING ON THE AMENDMENT

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

The AMENDMENT on being put to the meeting was CARRIED and became the Motion.

23/180 RESOLVED:

On the Motion of Councillors M Henderson and R Foley

That Council alter Resolution No. 23/172 from the 17 July 2023 Ordinary Council Meeting to read as the following.

That Council:

a endorse placing the Draft Community Net Zero Emission (NZE) 2050 Roadmap on public exhibition for a period of 42 days from 11 August 2023 and invite public submissions until 22 September 2023

b reaffirms the intent of the roadmap is to provide guidance to members of the community into the pathways available for them to reduce their own carbon footprint and not a policy or a basis for consideration of future fees or charges

c request that the communication of the roadmap during the public exhibition clearly outline that the document is a roadmap only and not a policy or a basis for consideration of future fees or charges and planning documents

d receive a further report summarising feedback and submissions

RECORD OF VOTING ON THE MOTION

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

Motions Of Which Due Notice Has Been Given

NOM-1 NOTICE OF MOTION – SEDIMENT IN LAKE ALBERT

Councillor M Henderson declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 6:54pm.

23/181 RESOLVED:

On the Motion of Councillors G Davies and T Koschel

That Council receive a report that outlines works required to resolve the sediment issue in Lake Albert, including but not limited to:

a the rate of accumulation of sediment and the depth of sediment

b projections of when the sediment build-up will trigger the loss of Lake as a recreational asset

c approaches to dredging Lake Albert, for example, a one-in-all-in approach or a staged approach to sediment removal. If sediment is proposed to be removed in smaller stages, estimates of approximately how much time each stage will save the recreational status of the Lake

d approaches to dredging the Stringybark and Crooked Creek sediment catchments, sediment traps and ponds and possible stages of sediment removal

e a timeline for removing the sediment and a long term management of sediment build up

f cost estimates of sediment removal work and potential funding avenues (for example, grants and/or sale of possible removed sediment)

g feasibility and impact of deepening the Lake beyond existing depths and costs associated with this potential work

h an overview of what has been previously offered or completed to resolve sediment issues in the past

RECORD OF VOTING ON THE MOTION

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

Councillor M Henderson re-entered the chamber, the time being 7:16pm.

NOM-2 NOTICE OF MOTION - IMPACTS OF SYNTHETIC TURF IN PUBLIC OPEN SPACES

A Motion was moved by Councillors J McKinnon and G Davies

That Council receive a report from staff, by the last Ordinary Council meeting of 2023, outlining the implications for Wagga Wagga City Council of the report by the NSW Chief Scientist and Engineer into the design, use, and impacts of synthetic turf in public open spaces.

An AMENDMENT was moved by Councillor R Kendall and seconded by Councillor D Hayes

That Council:

a notes the final report of the independent review of Synthetic Turf in Public Open Spaces by the NSW Chief Scientist and Engineer

b waits for the State Government to establish Guidelines for the Use of Synthetic Turf in Public Open Spaces in NSW as per the recommendations in the report

RECORD OF VOTING ON THE AMENDEMENT

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

The AMENDMENT on being put to the meeting was CARRIED and became the Motion.

23/182 RESOLVED:

On the Motion of Councillors R Kendall and D Hayes

That Council:

a notes the final report of the independent review of Synthetic Turf in Public Open Spaces by the NSW Chief Scientist and Engineer.

b waits for the State Government to establish Guidelines for the Use of Synthetic Turf in Public Open Spaces in NSW as per the recommendations in 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

Councillor Report

CR-1 DELEGATE REPORT - ALGWA 2023 NATIONAL CONFERENCE - 17-20 MAY 2023

23/183 RESOLVED:

On the Motion of Councillors R Foley and T Koschel

That Council:

a receive and note the report

b consider attendance by senior staff in addition to Councillors at future ALGWA conferences

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

CR-2 DELEGATE REPORT - 2023 FLOODPLAIN MANAGEMENT AUSTRALIA NATIONAL CONFERENCE

23/184 RESOLVED:

On the Motion of Councillors R Foley 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

Reports from Staff

RP-1 MORTIMER PLACE TRAFFIC MATTER

Councillor T Koschel declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 7:52pm.

23/185 RESOLVED:

On the Motion of Councillors R Kendall and R Foley

That Council:

a approve the installation of up to seven angle parking bays adjacent to Crockers Auto Electrical as shown on Council Plan Registration Number C2164 Sheet Number 003 Issue 5 dated 20 July 2023 for the use of Crockers Auto Electrical

b approve the installation of approximately 54m of 1.5m reinforced concrete footpath on the verge of Crockers Auto Electrical and the Fast Lane Coffee as shown on Council Plan Registration Number C2164 Sheet Number 003 Issue 5 dated 20 July 2023

c fund the works using existing recurrent capital works allocations to implement traffic committee recommendations (Job Consolidation Number 15181) and construct new footpaths (Job Consolidation Number 32514)

d accept a contribution of $4,347 from the Fast Lane Drive Thru Coffee towards the works

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 7:57pm.

RP-2 ELECTRIC VEHICLE CHARGING INFRASTRUCTURE ON PUBLIC LAND POLICY (POL054)

23/186 RESOLVED:

On the Motion of Councillors R Foley and T Koschel

That Council:

a note the submissions received from the public exhibition

b adopt the Electric Vehicle Charging Infrastructure on Public Land Policy (POL054)

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 7:58pm.

RP-3 DRAFT ARBOREAL MAMMAL MANAGEMENT PLAN

23/187 RESOLVED:

On the Motion of Councillors J McKinnon and A Parkins

That Council:

a place the draft Arboreal Mammal Management Plan on public exhibition for a period of 28 days from 10 August to 7 September 2023 and invite public submissions during that period

b receive a further report following the public exhibition period:

i addressing any submissions made in respect of the draft Plan

ii proposing adoption of the draft Plan 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
G Davies
D Hayes
M Henderson
R Kendall
T Koschel
J McKinnon
A Parkins

Councillor R Foley re-entered the chamber, the time being 7:59pm.

RP-4 ROAD AND SUBURB NAMING POLICY - POL 047 - PROPOSED AMENDMENT

23/188 RESOLVED:

On the Motion of Councillors R Foley and T Koschel

That Council:

a endorse the draft ‘Road and Suburb Naming’ Policy (POL 047) to be placed on public exhibition for a period of 28 days from 11 August 2023 to 8 September 2023 and invite public submissions until 22 September 2023 on the draft Policy

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

i addressing any submissions made with respect to the Policy

ii proposing adoption of the Policy unless there are any recommended amendments deemed to be substantial and requiring a further public exhibition period

c rename Merino Road Bomen to Pomeroy Drive in line with the provisions of this policy

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 PARKS NAMING POLICY - POL 055

23/189 RESOLVED:

On the Motion of Councillors D Hayes and T Koschel

That Council:

a place the draft Parks Naming Policy (POL 005) on public exhibition for a period of 28 days from 11 August 2023 to 8 September 2023 and invite public submissions until 22 September 2023 on the draft Policy

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

i addressing any submissions made with respect to the proposed Parks Naming Policy (POL 055)

ii proposing adoption of the policy 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
G Davies
D Hayes
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

RP-6 LICENCE AGREEMENT TO KOORINGAL TENNIS CLUB INC

23/190 RESOLVED:

On the Motion of Councillors R Foley and T Koschel

That Council:

a delegate authority to the General Manager or their delegate to enter into a Community Licence with Kooringal Tennis Club Inc over part of the land located at Henwood Park, 319 Lake Albert Road, Wagga Wagga (being part Lot 96 DP 38519)

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

c authorise the affixing of Council’s common seal to all documents relating to this matter 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-7 QUESTIONS WITH NOTICE

23/191 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
G Davies
D Hayes
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

Committee Minutes

M-1 LOCAL TRAFFIC COMMITTEE MEETING - 20 JULY 2023

23/192 RESOLVED:

On the Motion of Councillors R Foley and T Koschel

That Council:

a receive the minutes of the Local Traffic Committee Meeting held on 20 July 2023

b approve the traffic control devices installed on the new intersection constructed at Elizabeth Avenue and Lacebark Drive, Forest Hill as per Lance Ryan Consulting Engineers Drawing No. 20W020-C13 Revision 4 dated 23-08-2021

c endorse the proposal to install signs and road markings on Mortimer Place and Chaston Street, as detailed on Council Plan Registration Number C2164 Sheet Number 003 Issue 4 dated 20 July 2023

d consider implementing an Order/By Law to prevent parking on a concrete paved area on the verge in front of 29 Morris Crescent, Gobbagombalin that has been provided to undertake 3 point turns at the end of Morris Crescent

e approve the installation of a roundabout and associated regulatory signs and road markings at the intersection of Holbrook Road, Dunn’s Road and Lloyd Road, as per Xeros Piccolo Line Marking and Signage Plan (Project Number 230036) Sheet Number C3 Revision Number P5 dated 13.07.2023

f note Transport for NSW will undertake a precinct wide speed zone review that will take into account all roads approaching the proposed roundabout and surrounding suburbs

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

M-2 FLOODPLAIN RISK MANAGEMENT ADVISORY COMMITTEE - 8 JUNE 2023

23/193 RESOLVED:

On the Motion of Councillors R Foley and T Koschel

That Council receive the minutes of the Floodplain Risk Management Advisory Committee Meeting held on 8 June 2023.

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

23/194 RESOLVED:

On the Motion of Councillors T Koschel and A Parkins

That the Council now resolve itself into a Closed Council, the time being 8.05pm.

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

Confidential Reports

CONF-1 NEW YEARS EVE 2023

Councillor M Henderson declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 8:06pm.

23/195 RESOLVED:

On the Motion of Councillors D Hayes and R Kendall

That Council support Option 1 to deliver New Year’s Eve community events in 2023, 2024 and 2025 at Lake Albert, within Council’s allocated budgets as detailed 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

Councillor M Henderson re-entered the chamber, the time being 8:07pm.

CONF-2 PROPOSED ASSIGNMENT AND VARIATION OF LEASE - CIVIC CENTRE CAFE, 243 BAYLIS STREET, WAGGA WAGGA

23/196 RESOLVED:

On the Motion of Councillors R Foley and T Koschel

That Council:

a consent to the assignment of lease of part Lot 333 DP 1009142 known as Shop 3, ToMorrows Café from Paul Thomas Maynard and Stacey Anne Maynard to Stacey Anne Maynard as a sole trader.

b endorse a variation of the lease to amend the minimum required trading hours as outlined in this report.

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

d authorise the affixing of Council’s common seal to all documents relating to this matter 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

CONF-3 LIVESTOCK MARKETING CENTRE - LEASE OF CANTEEN - COVID-19 RENTAL WAIVER

23/197 RESOLVED:

On the Motion of Councillors R Foley and T Koschel

That Council provide financial assistance to the tenant of the Livestock Marketing Centre Canteen (in the form of rental waivers and rental credits) for the period of July 2020 to December 2021 in the amount of $7,476.15

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

23/198 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 8.07pm.

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 8.10pm.

…………………………………………………..

MAYOR