Minutes of the Ordinary Meeting of Council held on Monday 29 April 2024.

Present

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

In Attendance

Acting General Manager                                                        (Mrs F Piltz)

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 Corporate Governance & Performance             (Mr D Galloway)

Executive Manager, Regional Activation – Projects          (Mrs C Priest)

Executive Manager - Major Projects                                    (Mr D Woods)

Senior Town Planner                                                             (Mrs A Gray)

Manager City Growth & Regional Assets                           (Mr B Creighton)

Corporate Governance Coordinator                                    (Mrs N Johnson)

Communications & Engagement Officer                             (Ms Z Zaia)

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.

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.

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 was received and accepted for the General Manager, Mr P Thompson on the Motion of Councillors J McKinnon and T Koschel.

Confirmation of Minutes

CM-1         ORDINARY COUNCIL MEETING - 8 APRIL 2024

24/103       RESOLVED:

On the Motion of Councillors R Foley and G Davies

That the Minutes of the proceedings of the Ordinary Council Meeting held on 8 April 2024 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
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

Declarations Of Interest

Councillor T Koschel declared a Non-Significant Non-Pecuniary Interest in RP-2 FINANCIAL PERFORMANCE REPORT AS AT 31 MARCH 2024 the reason being that he works for a financial institution and remained in the chamber during its consideration.

Councillor M Henderson declared a Non-Significant Non-Pecuniary Interest in RP-4 REQUESTS FOR FINANCIAL ASSISTANCE - SECTION 356 the reason being he spoke to one of the applicants  and referred them to Council and remained in the chamber during its consideration.

Councillor R Foley declared a Non-Significant Non-Pecuniary Interest in RP-1 DA23/0264 - DEMOLITION OF EXISTING BUILDING AND CONSTRUCTION OF A 5 STOREY BUILDING CONTAINING 2 GROUND FLOOR COMMERCIAL TENANCIES AND SHOP TOP HOUSING CONSISTING OF 16 DWELLINGS - 115 FITZMAURICE STREET, WAGGA WAGGA the reason being that his fiancé owns a business in the area and remained in the chamber during its consideration.

PROCEDURAL MOTION - ENGLOBO

24/104       RESOLVED:

On the Motion of Councillors R Kendall and R Foley

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 to RP-5, RP-7, M-1, CONF-1 to CONF-4, 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
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

PUBLIC DISCUSSION FORUM

RP-1 - DA23/0264 - DEMOLITION OF EXISTING BUILDING AND CONSTRUCTION OF A 5 STOREY BUILDING CONTAINING 2 GROUND FLOOR COMMERCIAL TENANCIES AND SHOP TOP HOUSING CONSISTING OF 16 DWELLINGS - 115 FITZMAURICE STREET, WAGGA WAGGA

· Matthew Ring (Architects Ring and Associates) – Speaking in favour of the Recommendation (via Zoom)

PROCEDURAL MOTION - CHANGE STANDING ORDERS

24/105       RESOLVED:

On the Motion of Councillors A Parkins and J McKinnon

That Council move forward consideration of RP-1 - DA23/0264 - Demolition of existing building and construction of a 5-storey building containing 2 ground floor commercial tenancies and shop top housing consisting of 16 dwellings - 115 Fitzmaurice Street, Wagga Wagga to follow the Public Discussion Forum.

CARRIED

RECORD OF VOTING ON THE MOTION

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

Reports from Staff

RP-1          DA23/0264 - Demolition of existing building and construction of a 5 storey building containing 2 ground floor commercial tenancies and shop top housing consisting of 16 dwellings - 115 Fitzmaurice Street, Wagga Wagga

24/106       RESOLVED:

On the Motion of Councillors R Kendall and G Davies

That Council approve Development Application DA23/0264 for the demolition of existing building and construction of a 5 storey building containing 2 ground floor commercial tenancies and shop top housing consisting of 16 dwellings, Lot 12 DP 759031, Lot 2 DP 913838, Lot 1 DP 913839 and Lot 3 DP 913840, 115 Fitzmaurice Street, Wagga Wagga.

CARRIED

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

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

MAYORAL MINUTE

MM-1          MAYORAL MINUTE – WAGGA WAGGA AIRPORT LEASE ADVOCACY

24/107       RESOLVED:

On the Motion of The Mayor, Councillor D Tout

That Council:

a receive and note the Mayoral Minute

b write to stakeholders by the end of this week requesting letters of support for Council to retain the lease and operation of the Wagga Wagga Airport

c delegate the Mayor and General Manager to meet again exclusively with the Deputy Prime Minister, Minister for Defence and the Assistant Minister for Defence. Any meeting should not include any commercial or private operators

d advocate and lobby all levels of government for Council to secure a new and improved lease of Wagga Wagga Airport

e receive a follow up report from staff outlining the actions taken in relation to this advocacy campaign and outcomes achieved

CARRIED

RECORD OF VOTING ON THE MOTION

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

RP-2          FINANCIAL PERFORMANCE REPORT AS AT 31 MARCH 2024

24/108       RESOLVED:

On the Motion of Councillors R Kendall and R Foley

That Council:

a       approve the proposed 2023/24 budget variations for the month ended 31 March 2024 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 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 March 2024 in accordance with section 625 of the Local Government Act 1993

CARRIED

RECORD OF VOTING ON THE MOTION

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

RP-3          Procurement and Disposal Policy (POL 110) and Corporate Purchase Card Policy (POL 053)

24/109       RESOLVED:

On the Motion of Councillors R Kendall and R Foley

That Council:

a       note that there were no submissions received during the public exhibition period for the Procurement and Disposal Policy (POL 110) and Corporate Purchase Card Policy (POL 053)

b       adopt the Procurement and Disposal Policy (POL 110) and Corporate Purchase Card Policy (POL 053)

CARRIED

RECORD OF VOTING ON THE MOTION

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

RP-4          REQUESTS FOR FINANCIAL ASSISTANCE - SECTION 356

24/110       RESOLVED:

On the Motion of Councillors R Kendall and R Foley

That Council:

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

i.     The Riverina Conservatorium of Music - $895.00 (Request 1)

ii.    Euberta Hall Trustee Board – Up to $75.00 (Request 2)

b       note the proposed budget available for financial assistance requests for the remainder of the 2023/24 financial year

CARRIED

RECORD OF VOTING ON THE MOTION

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

RP-5          PROPOSED LICENCE AGREEMENT FOR PART 344 BOURKE STREET, WAGGA WAGGA, BEING PART LOT 4 DP 790509 - UPDATE TO LICENSEE DETAILS

24/111       RESOLVED:

On the Motion of Councillors R Kendall and R Foley

That Council:

a       authorise the General Manager or their delegate to enter into a Licence with Wagga Wagga Combined Hockey Association Inc. (ABN: 72 248 377 042) for occupation of part of the Clubhouse located at Jubilee Park, 344 Bourke Street, Wagga Wagga for a period of five years

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
G Davies
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

RP-6          Unreasonable Complainant Contact Policy (POL 056)

24/112       RESOLVED:

On the Motion of Councillors R Foley and T Koschel

That Council:

a       note there were no submissions received during the public exhibition period for the draft Unreasonable Complainant Contact Policy (POL 056)

b       adopt the Unreasonable Complainant Contact Policy (POL 056)

CARRIED

RECORD OF VOTING ON THE MOTION

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

RP-7          RESOLUTIONS AND NOTICES OF MOTIONS REGISTERS

24/113       RESOLVED:

On the Motion of Councillors R Kendall and R Foley

That Council receive and note the following registers:

a       Active Resolutions as at 22 April 2024 

b       Active Notice of Motions as at 22 April 2024 

c       Resolutions including Notice of Motions completed from 20 February to 22 April 2024 

CARRIED

RECORD OF VOTING ON THE MOTION

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

RP-8          QUESTIONS WITH NOTICE

24/114       RESOLVED:

On the Motion of Councillors T Koschel and J McKinnon

That Council receive and note the report.

CARRIED

RECORD OF VOTING ON THE MOTION

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

Committee Minutes

M-1            Local Traffic Committee - Minutes - 11 April 2024

24/115       RESOLVED:

On the Motion of Councillors R Kendall and R Foley

That Council:

a       receive the minutes of the Local Traffic Committee Meeting held on 11 April 2024

b       endorse the installation of 34 metres of NO PARKING zone, using standard R5-40 series signs, on both sides of Allawah Lane near the intersection with Edward Street north to the northern boundaries of 217 and 219 Edward Street, Wagga Wagga

c       endorse the installation of a Taxi Zone utilising R5-21 Taxi Zone Signs denoting times 11pm – 4am (replacing the current No Parking signs Taxi’s Exempt 11pm – 4am) out the front of 109 – 115 Baylis Street Wagga Wagga

d       endorse the installation of white line marking at the Barton Avenue/Hargrave Avenue/Hudson Drive roundabout, Lloyd as per Council Plan Registration C2208 Sheet 001 Issue 1 dated 21 March 2024

e       endorse the line marking for Bourke Street between Urana Street and Fernleigh Road, Turvey Park as per Council Plan Registration C2209 Sheet 001 Issue 1 dated 21 March 2024

f        endorse the line marking for Lake Albert Road between Kooringal Road and Eastlake Drive, Lake Albert as per Council Plan Registration C2210 Sheet 001 Issue 1 dated 21 March 2024

CARRIED

RECORD OF VOTING ON THE MOTION

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

Confidential Reports

CONF-1    Wagga Wagga Airport Upgrade Business Case

24/116       RESOLVED:

On the Motion of Councillors R Kendall and R Foley

That Council:

a       accept the Wagga Wagga Airport Upgrade business case documentation

b       approve the business case documentation to be submitted to Regional NSW and finalise the acquittal of the grant

CARRIED

RECORD OF VOTING ON THE MOTION

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

CONF-2    PASSENGER & BAGGAGE SCREENING SERVICES WAGGA WAGGA AIRPORT CONTRACT EXTENSION (RFT2017-20)

24/117       RESOLVED:

On the Motion of Councillors R Kendall and R Foley

That Council extend the current contract with MSS Security Pty Ltd for 12 months to 30 June 2025 for passenger and baggage screening services.

CARRIED

RECORD OF VOTING ON THE MOTION

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

CONF-3    PROPOSED COMMERCIAL LEASE - 84 TREATMENT WORKS ACCESS ROAD, FOREST HILL, BEING PART LOT2 DP 581941

24/118       RESOLVED:

On the Motion of Councillors R Kendall and R Foley

That Council:

a       delegate authority to the General Manager or their delegate to negotiate entry into a commercial lease agreement with J.J. Richards & Sons Pty Ltd ABN 000 805 425 over the land located at 84 Treatment Works Access Road, Forest Hill (being part Lot 2 DP 581941) upon the terms noted in the body of this report

b       delegate authority to the General Manager or delegate to execute all documents as required

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

CARRIED

RECORD OF VOTING ON THE MOTION

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

CONF-4    RFT2024-24 SEWER MAINS REHABILITATION

24/119       RESOLVED:

On the Motion of Councillors R Kendall and R Foley

That Council:

a       accept the tender offers of Benex Group Pty Ltd (ABN: 15 650 149 152) for the provision sewer mains rehabilitation services in the lump sum amount of $2,398,373.50 excluding GST

b       authorise the General Manager or their delegate to enter contracts with Benex Group Pty Ltd

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

e       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
M Henderson
R Foley
R Kendall
T Koschel
J McKinnon
A Parkins

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 7:12pm.

…………………………………………………..

                                                                                                      MAYOR