The Mayor, Councillor Dallas Tout
Councillor Georgie Davies
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)
Manager Development Assessment & Building
Certification (Mr P O’Brien)
Acting Manager Governance and Risk (Mrs N Johnson)
Communications & Engagement Officer (Ms L Magrath)
Governance Officer (Ms K West)
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.
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.
Council Meetings are also subject to filming and photographing by media agencies which may form part of news and media broadcasts. Members of the gallery are also advised that recording the proceedings of the meeting of the council is prohibited without the prior authorisation of the council.
APOLOGIES
An apology for non-attendance was received and accepted for Executive Director - People & Culture, Mrs F Piltz on the Motion of Councillors G Davies and Councillor R Kendall.
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On the Motion of Councillors R Foley and J McKinnon That the Minutes of the proceedings of the Ordinary Council Meeting held on 9 October 2023 be confirmed as a true and accurate record. |
RECORD OF VOTING ON THE MOTION
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For the Motion |
Against the Motion |
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D Tout |
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G Davies |
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M Henderson |
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R Foley |
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R Kendall |
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T Koschel |
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J McKinnon |
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A Parkins |
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Declarations Of Interest
Councillor R Foley declared a Non-Significant Non-Pecuniary Interest in RP-1 - DA22/0460.01 - Review of Determination -Two Storey Childcare Centre, demolition of existing structures, carparking area and fencing at 32 Halloran Street, Turvey Park, NSW 2650. Lot 29 Sec B DP 37333 the reason being that his fiancé is employed at another child care centre in the City and vacated the chamber during its consideration.
Councillor R Kendall declared a Non-Significant Non-Pecuniary Interest in RP-2 - PROPOSED WAGGA WAGGA DEVELOPMENT CONTROL PLAN AMENDMENT - SECTION 10.6 ENTERPRISE CORRIDOR ZONE the reason being that he has an interest in an allotment of land in the enterprise zone. This amendment has no material effect on that land and remained in the chamber during its consideration.
Councillor R Kendall declared a Significant Non Pecuniary Interest in RP-4 - PLANNING PROPOSAL LEP23/0001 - PROPOSED AMENDMENT TO THE WAGGA WAGGA LOCAL ENVIRONMENTAL PLAN 2010 FOR REZONING AND RECLASSIFICATION OF LAND LOCATED ON BOWEN PLACE AND BOYD PLACE, TOLLAND, WAGGA WAGGA the reason being that he sits on a board of directors with a person related to this application and vacated the chamber during its consideration.
Councillor J McKinnon declared a Significant Non-Pecuniary Interest in RP-1 -DA22/0460.01 - Review of Determination -Two Storey Childcare Centre, demolition of existing structures, carparking area and fencing at 32 Halloran Street, Turvey Park, NSW 2650. Lot 29 Sec B DP 37333 the reason being that she knows two of the objectors, and is friends with one in particular, with the matter not being discussed between them, and vacated the chamber during its consideration.
Councillor J McKinnon declared a Non-Significant Non-Pecuniary Interest in RP-2 -PROPOSED WAGGA WAGGA DEVELOPMENT CONTROL PLAN AMENDMENT - SECTION 10.6 ENTERPRISE CORRIDOR ZONE the reason being that she is familiar with one of the objectors, with the matter not being discussed between them, and remained in the chamber during its consideration.
Councillor J McKinnon declared a Significant Non-Pecuniary Interest in RP-8 -REQUESTS FOR FINANCIAL ASSISTANCE - SECTION 356 the reason being that her husband is involved with the Demonstration Gardens, along with several other people with whom she is friendly, and remained in the chamber during its consideration.
Councillor J McKinnon declared a Significant Non-Pecuniary Interest in CONF-1 -RFT2024-10 GEOTECHNICAL TESTING SERVICES the reason being that she has recently socialised with one of the directors of a company who tendered for this item and vacated the chamber during its consideration.
Councillor G Davies declared a Significant Non-Pecuniary Interest in RP-1 -DA22/0460.01 - Review of Determination -Two Storey Childcare Centre, demolition of existing structures, carparking area and fencing at 32 Halloran Street, Turvey Park, NSW 2650. Lot 29 Sec B DP 37333 the reason being that her immediate family own property in Halloran Street, Turvey Park and vacated the chamber during its consideration.
Councillor G Davies declared a Non-Significant Non-Pecuniary Interest in RP-2 - PROPOSED WAGGA WAGGA DEVELOPMENT CONTROL PLANAMENDMENT - SECTION 10.6 ENTERPRISE CORRIDOR ZONE the reason being that an immediate family member owns property in the corridor zone and remained in the chamber during its consideration.
Councillor G Davies declared a Significant Non-Pecuniary Interest in RP-5 -RESPONSE TO NOTICE OF MOTION - SHORT STAY ACCOMMODATION the reason being that a member of her family member has an Airbnb and vacated the chamber during its consideration.
The Mayor, Councillor D Tout declared a Significant Non-Pecuniary Interest in RP-8 - REQUESTS FOR FINANCIAL ASSISTANCE - SECTION 356 the reason being that he chairs Scouts NSW Riverina Zone Committee and vacated the chamber during its consideration.
The Mayor, Councillor D Tout declared a Pecuniary Interest in RP-8 - REQUESTS FOR FINANCIAL ASSISTANCE - SECTION 356 the reason being that the St Aidans Presbyterian Church own the building he rents an office from and vacated the chamber during its consideration.
Councillor M Henderson declared a Non-Significant Non-Pecuniary Interest in RP-2 -PROPOSED WAGGA WAGGA DEVELOPMENT CONTROL PLAN AMENDMENT -SECTION 10.6 ENTERPRISE CORRIDOR ZONE the reason being that he owns land within East Wagga Wagga and remained in the chamber during its consideration.
Councillor M Henderson declared a Non-Significant Non-Pecuniary Interest in RP-6 - 196 BOOROOMA STREET - DEDICATION OF COMMUNITY LAND AS PUBLIC ROAD the reason being that he knows the land owner as a friend and remained in the chamber during its consideration.
Councillor T Koschel declared a Non-Significant Non-Pecuniary Interest in RP-7 - FINANCIAL PERFORMANCE REPORT AS AT 30 SEPTEMBER 2023 the reason being that his employer is listed within the report and remained in the chamber during its consideration.
RECORD OF VOTING ON THE MOTION
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For the Motion |
Against the Motion |
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D Tout |
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G Davies |
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M Henderson |
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R Foley |
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R Kendall |
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T Koschel |
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J McKinnon |
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A Parkins |
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RECORD OF VOTING ON THE MOTION
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For the Motion |
Against the Motion |
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D Tout |
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G Davies |
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M Henderson |
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R Foley |
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R Kendall |
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T Koschel |
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J McKinnon |
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A Parkins |
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Procedural motion
RECORD OF VOTING ON THE MOTION
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For the Motion |
Against the Motion |
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D Tout |
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G Davies |
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M Henderson |
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R Foley |
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R Kendall |
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T Koschel |
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J McKinnon |
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A Parkins |
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At this stage of the meeting the General Manager, Mr Peter Thompson advised that he is the Returning Officer for the election of Councillors to the Board of Riverina Water County Council and that the General Manager of Riverina Water County Council, Mr Andrew Crackanthorp, accepted the invitation as scrutineer in the conduct of the election.
It was noted that, in the event of there being more than one candidate for the Riverina Water County Council, an election will be held in accordance with Schedule 9 of the Local Government (General) Regulation 2021, and that such election is to be determined by one preferential ballots.
Election of one Councillor to the Board of Riverina Water County Council
The nominations received for the Board members of Riverina Water County Council were:
· Councillor R Kendall
· Councillor D Tout
The Returning Officer, conducted the election for the position to the Board of Riverina Water County Council.
Ballot papers were distributed with preferential ballots undertaken for the election.
Following the conclusion of the preference count, the Returning Officer declared Councillor D Tout elected to the Board of Riverina Water County Council until September 2024.
· Councillor R Kendall – 3 votes
· Councillor D Tout – 4 votes
PUBLIC DISCUSSION FORUM
RP-1 DA22/0460.01 - Review of Determination -Two Storey Childcare Centre, demolition of existing structures, carparking area and fencing at 32 Halloran Street, Turvey Park, NSW 2650. Lot 29 Sec B DP 37333
Councillor G Davies declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 6:19pm.
Councillor R Foley declared a Non-Significant Non-Pecuniary Interest and vacated the chamber, the time being 6:19pm.
Councillor J McKinnon declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 6:22pm.
· Steve Kenyon - Speaking against the recommendation
· Anne Wild – Speaking against the recommendation
· Darren White (Only Spenders Unit Trust) - Speaking in favour of the recommendation
· Tarun Chadha (Archidrome Pty Ltd) - Speaking in favour of the recommendation
Reports from Staff
RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS - SECTION 375A(3) LOCAL GOVERNMENT ACT 1993
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For the Motion |
Against the Motion |
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D Tout |
M Henderson |
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R Kendall |
T Koschel |
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A Parkins |
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Councillors G Davies, R Foley and J McKinnon re-entered the chamber, the time being 7:44pm.
RECORD OF VOTING ON THE MOTION
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For the Motion |
Against the Motion |
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D Tout |
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G Davies |
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M Henderson |
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R Foley |
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R Kendall |
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T Koschel |
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J McKinnon |
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A Parkins |
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RP-3 WAGGA WAGGA DEVELOPMENT CONTROL PLAN 2010 AMENDMENT 27 - ADMINISTRATIVE AND POLICY POSITION REVIEW |
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On the Motion of Councillors R Kendall and G Davies That Council: a endorse the draft amendment to the Wagga Wagga Development Control Plan 2010 for public exhibition purposes for a period of 28 days from 27 October 2023 and invite public submissions until 24 November 2023 b receive a further report after the public exhibition period: i addressing any submissions made in respect of the development control plan amendment ii proposing adoption of the development control plan amendment unless there are any recommended amendments deemed to be substantial and requiring a further public exhibition period |
RECORD OF VOTING ON THE MOTION
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For the Motion |
Against the Motion |
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D Tout |
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G Davies |
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M Henderson |
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R Foley |
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R Kendall |
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T Koschel |
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J McKinnon |
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A Parkins |
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RP-4 PLANNING PROPOSAL LEP23/0001 - PROPOSED AMENDMENT TO THE WAGGA WAGGA LOCAL ENVIRONMENTAL PLAN 2010 FOR REZONING AND RECLASSIFICATION OF LAND LOCATED ON BOWEN PLACE AND BOYD PLACE, TOLLAND, WAGGA WAGGA |
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Councillor R Kendall declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 7:46pm. |
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On the Motion of Councillors T Koschel and J McKinnon That Council defer consideration of Planning Proposal LEP23/0001 until a Plan of Management for cul-de-sac laneways classified as Community Land has been prepared. |
RECORD OF VOTING ON THE MOTION
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For the Motion |
Against the Motion |
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D Tout |
G Davies |
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M Henderson |
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R Foley |
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T Koschel |
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J McKinnon |
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A Parkins |
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Councillor R Kendall re-entered the chamber, the time being 7:57pm.
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RP-5 RESPONSE TO NOTICE OF MOTION - SHORT STAY ACCOMMODATION |
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Councillor G Davies declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 7:58pm. |
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On the Motion of Councillors A Parkins and R Foley That Council: a do not introduce a rating levy or new fee for short stay accommodation providers in the short term given the likely introduction of a NSW state-wide short stay accommodation levy similar to the scheme introduced in Victoria b note that any Wagga Wagga LGA specific short stay levy or fee would have limited impact on housing supply or yield limited new net revenue which could be directed at housing initiatives, and could have unintended consequences for other key sectors in the Wagga Wagga economy c write to Federal and State Governments to request a detailed review of the impacts of short stay accommodation on housing supply, with a specific focus on the differing market conditions and impacts on large inland regional cities d write to Federal and State Governments to encourage a rapid increase of public housing in Wagga Wagga and confirm how much budget and housing will be allocated in the 2023-2026 horizon to the Wagga Wagga LGA for net new public housing, buy to rent schemes and other building stimulus packages announced e note the development of the Wagga Wagga Housing Strategy that quantifies the current housing deficit (including public housing) and how Council actions could assist in helping other sectors deliver and close the housing supply gap |
RECORD OF VOTING ON THE MOTION
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For the Motion |
Against the Motion |
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D Tout |
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M Henderson |
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R Foley |
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R Kendall |
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T Koschel |
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J McKinnon |
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A Parkins |
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Councillor G Davies re-entered the chamber, the time being 8:06pm.
RECORD OF VOTING ON THE MOTION
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For the Motion |
Against the Motion |
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D Tout |
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G Davies |
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M Henderson |
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R Foley |
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R Kendall |
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T Koschel |
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J McKinnon |
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A Parkins |
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On the Motion of Councillors R Kendall and G Davies That Council: a approve the proposed 2023/24 budget variations for the month ended 30 September 2023 and note the balanced budget position as presented in this report b approve the proposed budget variations to the 2023/24 Long Term Financial Plan Capital Works Program including new projects and 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 30 September 2023 in accordance with section 625 of the Local Government Act 1993 |
RECORD OF VOTING ON THE MOTION
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For the Motion |
Against the Motion |
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D Tout |
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G Davies |
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M Henderson |
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R Foley |
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R Kendall |
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T Koschel |
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J McKinnon |
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A Parkins |
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The Mayor, Councillor D Tout declared a Pecuniary Interest and vacated the Chair and the chamber, the time being 8:06pm. Councillor J McKinnon declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 8:06pm. Deputy Mayor, Councillor A Parkins assumed the Chair the time being 8.06pm. |
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On the Motion of Councillors R Kendall and M Henderson That Council: a in accordance with Section 356 of the Local Government Act 1993, provide financial assistance to the following organisations: i. Scouts NSW - $178.20 (Request 1) ii. St Aidan’s Presbyterian Church - $155.00 (Request 2) iii. Demonstration Gardens Wagga Wagga - $800.00 (Request 3) iv. Wagga Historic Engine Club Inc - $800.00 (Request 4) b advise both the Demonstration Gardens Wagga Wagga and the Wagga Historic Engine Club Inc that the licence fee charge will be payable in future financial years c note the proposed budget available for financial assistance requests for the remainder of the 2023/24 financial year |
RECORD OF VOTING ON THE MOTION
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For the Motion |
Against the Motion |
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G Davies |
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M Henderson |
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R Foley |
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R Kendall |
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T Koschel |
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A Parkins |
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Councillor A Parkins vacated the Chair the time being 8.07pm.
The Mayor, Councillor D Tout re-entered the chamber and assumed the Chair the time being 8:08pm.
Councillor J McKinnon re-entered the chamber, the time being 8:08pm.
RECORD OF VOTING ON THE MOTION
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For the Motion |
Against the Motion |
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D Tout |
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G Davies |
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M Henderson |
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R Foley |
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R Kendall |
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T Koschel |
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J McKinnon |
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A Parkins |
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Councillor R Foley self-nominated.
Councillor R Foley was duly appointed to the Local Traffic Committee for duration of the Council term, being up to and including 13 September 2024.
General Manager’s Performance Review Committee
Councillor J McKinnon self-nominated.
Councillor J McKinnon was duly appointed to the General Manager’s Performance Review Committee for duration of the Council term, being up to and including 13 September 2024.
Airport Advisory Committee
Councillor A Parkins self -nominated.
Councillor A Parkins was duly appointed to the Airport Advisory Committee for duration of the Council term, being up to and including 13 September 2024, for the purpose of Councillor consultation, given the current status of the Committee.
New South Wales Public Libraries Association
Councillor R Kendall self-nominated.
Councillor R Kendall was duly appointed as an alternate member on the New South Wales Public Libraries Association for duration of the Council term, being up to and including 13 September 2024.
NSW Public Libraries Association (NSWPLA) SWITCH 2023 Conference and Annual General Meeting
Councillor R Kendall self-nominated.
Councillor R Kendall was duly appointed as Council’s delegate to attend the NSW Public Libraries Association (NSWPLA) SWITCH 2023 Conference and Annual General Meeting to be held in Sydney from 14 to 17 November 2023.
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On the Motion of Councillors R Kendall and G Davies That Council: a place the draft Public Interest Disclosure Policy (POL 097) on public exhibition for a period of 28 days from 27 October 2023 to 23 November 2023 and invite public submissions until 7 December 2023 on the draft policy b receive a further report following the public exhibition and submission period: (i) addressing any submission made in respect of the proposed policy (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
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For the Motion |
Against the Motion |
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D Tout |
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G Davies |
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M Henderson |
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R Foley |
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R Kendall |
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T Koschel |
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J McKinnon |
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A Parkins |
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On the Motion of Councillors R Kendall and G Davies That Council endorse the schedule of Ordinary Council meetings for the period January 2024 to December 2024, which makes provision for two-monthly meetings, as outlined in the report. |
RECORD OF VOTING ON THE MOTION
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For the Motion |
Against the Motion |
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D Tout |
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G Davies |
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M Henderson |
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R Foley |
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R Kendall |
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T Koschel |
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J McKinnon |
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A Parkins |
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On the Motion of Councillors A Parkins and R Foley That Council receive and note the following registers: a Active Resolutions as at 17 October 2023 b Active Notice of Motions as at 17 October 2023 c Resolutions including Notice of Motions completed from 16 August 2023 to 17 October 2023 |
RECORD OF VOTING ON THE MOTION
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For the Motion |
Against the Motion |
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D Tout |
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G Davies |
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M Henderson |
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R Foley |
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R Kendall |
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T Koschel |
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J McKinnon |
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A Parkins |
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On the Motion of Councillors G Davies and R Foley That Council receive and note the report. |
RECORD OF VOTING ON THE MOTION
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For the Motion |
Against the Motion |
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D Tout |
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G Davies |
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M Henderson |
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R Foley |
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R Kendall |
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T Koschel |
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J McKinnon |
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A Parkins |
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On the Motion of Councillors R Foley and M Henderson That the Council now resolve itself into a Closed Council, the time being 8.19pm. |
AT THIS STAGE OF THE MEETING THE PRESS AND PUBLIC GALLERY RETIRED FROM THE COUNCIL MEETING.
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Councillor J McKinnon declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 8:19pm. |
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On the Motion of Councillors R Foley and R Kendall That Council: a accept the offers of Aitken Rowe Testing Laboratories Pty Limited (ABN: 53 058 315 138) Australian Soil & Concrete Testing Pty Ltd (ABN: 92 602 346 127), Enviroscience Solutions Pty Ltd (ABN 12 157 918 262) and The Trustee for DM & EJB McMahon Family Trust trading as DM McMahon Pty Ltd (ABN: 53 404 508 490) for provision of Geotechnical Testing Services for the Schedule of Rates in their offer b authorise the General Manager or their delegate to enter into a contract with Aitken Rowe Testing Laboratories Pty Limited (ABN: 53 058 315 138) Australian Soil & Concrete Testing Pty Ltd (ABN: 92 602 346 127), Enviroscience Solutions Pty Ltd (ABN 12 157 918 262) and The Trustee for DM & EJB McMahon Family Trust trading as DM McMahon Pty Ltd (ABN: 53 404 508 490) for provision of Geotechnical Testing Services for the Schedule of Rates in their offer c authorise the affixing of Council’s Common Seal to all relevant documents as required |
RECORD OF VOTING ON THE MOTION
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For the Motion |
Against the Motion |
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D Tout |
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G Davies |
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M Henderson |
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R Foley |
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R Kendall |
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T Koschel |
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A Parkins |
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Councillor J McKinnon re-entered the chamber, the time being 8:20pm.
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On the Motion of Councillors R Foley and R Kendall That this meeting of the Closed Council revert to an open meeting of the Council, the time being 8.20pm. |
THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 8.21pm.
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MAYOR