Minutes of the Ordinary Meeting of Council held on Monday 16 December 2024.

Present

Councillor Allana Condron

Councillor Georgie Davies

Councillor Richard Foley

Councillor Tim Koschel

Councillor Jenny McKinnon

Councillor Amelia Parkins

In Attendance

General Manager                                                                    (Mr P Thompson)

Director Community                                                               (Ms J Summerhayes)

Director Infrastructure Services (Acting)                             (Mr H Pavitt)

Director City Engineering                                                      (Mr W Faulkner)

Chief Financial Officer                                                           (Mrs C Rodney)

Chief Operating Officer                                                          (Mr S Gray)

Director Economy, Business & Workforce (Acting)           (Mrs F Piltz)

Manager Corporate Governance & Performance             (Mr D Galloway)

Contributions Coordinator                                                     (Mrs B Maclure)

Corporate Governance Coordinator                                    (Mrs N Johnson)

Communications & Engagement Officer                             (Ms L Magrath)

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

Apologies for non-attendance was received and accepted for the Mayor, Councillor D Tout, Councillor L Tanner and Director Regional Activation, Mr J Sidgwick on the Motion of Councillors R Foley and T Koschel.

Leave of absence

Council noted that leave of absence was granted to Councillor K Subedi for 16 December 2024 by Council at its meeting on the 25 November 2024.

Confirmation of Minutes

CM-1         ORDINARY COUNCIL MEETING - 25 NOVEMBER 2024

24/346       RESOLVED:

On the Motion of Councillors A Parkins and A Condron

That the Minutes of the proceedings of the Ordinary Council Meeting held on 25 November 2024 be confirmed as a true and accurate record.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
A Condron
G Davies
R Foley
T Koschel
J McKinnon
A Parkins

Declarations Of Interest

Councillor T Koschel declared a Non-Significant Non-Pecuniary Interest in RP-4 FINANCIAL PERFORMANCE REPORT AS AT 30 NOVEMBER 2024 the reason being that he works in the finance industry and remained in the chamber during its consideration.

Councillor R Foley declared a Significant Non-Pecuniary Interest in MM-2 MAYORAL MINUTE - WAGGA AIRPORT the reason being he has an interest of a political nature and vacated the chamber during its consideration.

PROCEDURAL MOTION - ENGLOBO

24/347       RESOLVED:

On the Motion of Councillors T Koschel 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 CR-1, RP-2 to RP-4, M-1, M-2, 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
A Condron
G Davies
R Foley
T Koschel
J McKinnon
A Parkins

PUBLIC DISCUSSION FORUM

RP-1   Amendment to the Wagga Wagga Local Infrastructure Contributions Plan and 12 Blake Street, Wagga Wagga DA19/0125 Works in Kind Agreement

· Mrs Milena Dunn - Speaking against the recommendation

RP-5   PROPOSED MEMORANDUM OF UNDERSTANDING BETWEEN COUNCIL AND THE WAGGA WAGGA SHOW SOCIETY

· Mrs Annette St Clair - Speaking in favour of the recommendation

· Mr Robert Hamilton - Speaking in favour of the recommendation

PROCEDURAL MOTION - CHANGE STANDING ORDERS

24/348       RESOLVED:

On the Motion of Councillors A Parkins and T Koschel

That Council move forward consideration the reports below to follow the Public Discussion Forum:

· RP-1 - AMENDMENT TO THE WAGGA WAGGA LOCAL INFRASTRUCTURE CONTRIBUTIONS PLAN AND 12 BLAKE STREET, WAGGA WAGGA DA19/0125 WORKS IN KIND AGREEMENT

· RP-5- PROPOSED MEMORANDUM OF UNDERSTANDING BETWEEN COUNCIL AND THE WAGGA WAGGA SHOW SOCIETY

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
A Condron
G Davies
R Foley
T Koschel
J McKinnon
A Parkins

RP-1          Amendment to the Wagga Wagga Local Infrastructure Contributions Plan and 12 Blake Street, Wagga Wagga DA19/0125 Works in Kind Agreement

24/349       RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a       notes that one submission was received during the latest public exhibition period of the draft Deed Developer Works for 12 Blake Street, Wagga Wagga

b       notes that no submissions were received relating to the draft Addendum to the Wagga Wagga Local Infrastructure Plan 2019 – 2034

c       authorises the General Manager or their delegate to execute the Deed Developer Works for 12 Blake Street, Wagga Wagga and any other relevant documents on behalf of Council relating to Lot 13 DP 1211352 and associated with DA19/0125

d       authorises the affixing of the Wagga Wagga City Council common seal to all relevant documents as required.

e       authorises the General Manager or their delegate to pay the Section 7.12 contributions for DA19/0125 to the infrastructure projects identified in the Deed Developer Works 12 Blake Street, Wagga Wagga

f        resolves to adjust the Section 7.12 budget in the Long-Term Financial Plan to include the allocation of $104,075 to the delivery of infrastructure as described in the Deed Developer Works 12 Blake Street, Wagga Wagga

g       adopts the Addendum to the Wagga Wagga Local Infrastructure Contributions Plan 2019 – 2034 Additional Blake Street Projects for Section 7.12

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
A Condron
G Davies
R Foley
T Koschel
J McKinnon
A Parkins

RP-5          PROPOSED MEMORANDUM OF UNDERSTANDING BETWEEN COUNCIL AND THE WAGGA WAGGA SHOW SOCIETY

24/350       RESOLVED:

On the Motion of Councillors T Koschel and A Parkins

That Council:

a       endorse the attached draft Memorandum of Understanding (MOU) 2025 to 2028 between Wagga Wagga City Council and the Wagga Wagga Show Society

b       delegate authority to the Mayor to sign the MOU on behalf of Council

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
A Condron
G Davies
R Foley
T Koschel
J McKinnon
A Parkins

MAYORAL MINUTES

MM-1          MAYORAL MINUTE - TOLLAND RENEWAL PROJECT - COMPULSARY ACQUISITION

24/351       RESOLVED:

On the Motion of the Deputy Mayor Councillor G Davies

That Council:

a agree to enter into an agreement with Homes NSW under section 29 of the Land Acquisition (Just Terms Compensation) Act 1991 (the Just Terms Act) to compulsorily acquire Council land within the Tolland Estate

b delegate to the General Manager or their delegate the signing of relevant documentation under section 29 of the Land Acquisition (Just Terms Compensation) Act 1991 (the Just Terms Act) for Homes NSW to compulsorily acquire Council land within the Tolland Estate

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
A Condron	J McKinnon
G Davies
R Foley
T Koschel
A Parkins

MM-2          MAYORAL MINUTE - WAGGA AIRPORT

Councillor R Foley declared a Significant Non-Pecuniary Interest and vacated the Chamber the time being 6:32pm.

24/352       RESOLVED:

On the Motion of the Deputy Mayor Councillor G Davies

That Council:

a write to the Member for Riverina, the Hon. Michael McCormack MP, and request that if the coalition government is elected in 2025, they will:

i honour the commitment made at the 2022 Federal Election to fund a new Wagga Airport terminal to at least the sum of the commitment made in 2022, and

ii ensure that the Wagga Airport is not privatised and that a 50 + 49 year lease is granted to Wagga Wagga City Council at a nominal rental

b write to all other candidates in the upcoming election seeking their commitment for the Airport Terminal and lease

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
A Condron
G Davies
T Koschel
J McKinnon
A Parkins

Councillor R Foley re-entered the chamber, the time being 6:40pm.

Motions Of Which Due Notice Has Been Given

NOM-1      NOTICE OF MOTION - INVESTIGATING REGULATION OF FACIAL
RECOGNITION & CONSUMER PROFILING TECHNOLOGIES

24/353       RESOLVED:

On the Motion of Councillors R Foley and A Parkins

That Council:

a       acknowledges privacy, ethical and wider community concerns surrounding the use of facial recognition and consumer profiling technologies (FRT and CPT) in commercial public spaces

b       receives a report within six months that explores how Council can respond to these challenges within its existing powers (if any), including but not limited to the development of policy frameworks and/or implementation of conditions on developments

c       advocates to State and Federal Governments for stronger consumer protections, including transparency and opt-out provisions for FRT and CPT, by requesting the Mayor write to our local members and the relevant State and Federal Ministers in relation to this matter

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
A Condron	T Koschel
G Davies
R Foley
J McKinnon
A Parkins

Councillor Report

CR-1          DELEGATE REPORT - LGNSW CONFERENCE 2024

24/354       RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council receive and note the report.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
A Condron
G Davies
R Foley
T Koschel
J McKinnon
A Parkins

Reports from Staff

RP-1 Amendment to the Wagga Wagga Local Infrastructure Contributions Plan and 12 Blake Street, Wagga Wagga DA19/0125 Works in Kind Agreement moved forward to follow the Public Discussion Forum.

RP-2          ONE-OFF CAPITAL WORKS PROGRAM RESET

24/355       RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a       receive and note the contents of the report

b       adopt the attached revised One-Off Capital Works Program

c       note that further review and refinement of the program will occur over the next 6 months

d       receive a further report early in 2025 with a more detailed status update on projects identified for delivery/progress in 2024/25

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
A Condron
G Davies
R Foley
T Koschel
J McKinnon
A Parkins

RP-3          JIM ELPHICK TENNIS CENTRE AND WAGGA WORKOUT FEES AND CHARGES

24/356       RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a       note that there were 8 submissions received during the public exhibition period

b       adopt the following Recreation and Community Facility fees and charges for the Jim Elphick Tennis Centre and Wagga Workout:

Jim Elphick Tennis Centre
Fee Name	Year 24/25
	Fee (excl GST)	GST	Total Fee (Inc GST)
Casual Hire
ITF Court Hire (per hour, inc lights if applicable)	$18.18	$1.82	$20.00
Community Court Hire (per hour, inc lights if applicable)	$13.64	$1.36	$15.00
Multi Purpose Court Hire (per hour, inc lights if applicable)	$22.73	$2.27	$25.00
Tournament Rate Court Hire (per hour, per court)	$9.09	$0.91	$10.00
School Court Hire (Community Court, per hour)	$9.09	$0.91	$10.00
Adult Programming and Competitions
Social/Competitions (per 10 week competition or school term)	$109.09	$10.91	$120.00
Pro-Am Matchplay  - 1 Pro, 3 players (per player per one hour session)	$22.73	$2.27	$25.00
Adult competitions (Singles, Doubles, mixed doubles per 10 week competition or school term)	$122.73	$12.27	$135.00
Adult Private coaching per half hour	$36.36	$3.64	$40.00
Adult Private coaching per hour	$68.18	$6.82	$75.00
Junior Programming and Competitions	-	-
Junior competition fee per match	$8.18	$0.82	$9.00
Hot Shots Blue	$90.91	$9.09	$100.00
Hot Shots Red	$90.91	$9.09	$100.00
Red Squad	$163.64	$16.36	$180.00
Hot Shots Orange	$90.91	$9.09	$100.00
Orange Squad	$163.64	$16.36	$180.00
Hot Shots Green	$100.00	$10.00	$110.00
Green Squad	$163.64	$16.36	$180.00
Hot Shots Yellow	$100.00	$10.00	$110.00
Yellow Squad	$163.64	$16.36	$180.00
Group Coaching (per hour)	$10.91	$1.09	$12.00
Private Coaching (per half hour)	$36.36	$3.64	$40.00
Private Coaching (per hour)	$68.18	$6.82	$75.00
Tennis School Holiday Program (per 4 hour clinic)	$45.45	$4.55	$50.00
Sporting Schools Play Program (per child, per week)	$9.00	$0.90	$9.90
Room Hire/Events
Jim Elphick Meeting room (per hour)	$32.73	$3.27	$36.00
Jim Elphick Function room (per hour inc kitchen/bar)	$63.64	$6.36	$70.00
Event staff member per hour	$63.64	$ 6.36	$70.00
Miscellaneous Hire	-	-
Ball Machine (per hour)	$32.73	$3.27	$36.00
Re-stringing (per racquet, not inc strings)	$32.73	$3.27	$36.00
Racquet Hire	$4.55	$0.45	$5.00

Wagga Workout
Fee Name	Year 24/25
	Fee (Excl GST)	GST	Total Fee (Inc GST)
Individual Membership
12 month membership	$545.45	$54.55	$600.00
12 month direct debit weekly	$14.55	$1.45	$16.00
12 month membership - Concession/Student	$454.55	$45.45	$500.00
12  month membership - Family (inc 2 adults, 2 children under 18)	$909.09	$90.91	$1,000.00
12 month membership - Family Direct Debit (per week)	$22.73	$ 2.27	$25.00
No contract membership - direct debit weekly (cancel anytime)	$16.36	$1.64	$18.00
No contract membership - joining fee	$90.91	$9.09	$100.00
6 month membership	$409.09	$40.91	$450.00
6 month membership - Concession/Student	$363.64	$36.36	$400.00
6 month membership - family (inc 2 adults, 2 children under 18)	$681.82	$68.18	$750.00
3 month membership	$318.18	$31.82	$350.00
3 month membership - Concession/Student	$272.73	$27.27	$300.00
3 month membership - Family (2 adults, 2 children under 18)	$545.45	$54.55	$600.00
1 month membership	$159.09	$15.91	$175.00
1 month membership - Concession/Student	$136.36	$13.64	$150.00
14 day membership	$104.55	$10.45	$115.00
7 day membership	$68.18	$6.82	$75.00
12 month Gym/Swim Membership	$931.82	$93.18	$1,025.00
6 month Gym/Swim Membership	$727.27	$72.73	$800.00
3 month Gym/Swim Membership	$563.64	$56.36	$620.00
24 Hour access tag (one off fee)	$36.36	$3.64	$40.00
24 hour access tag replacement	$9.09	$0.91	$10.00
Casual Visitation	-	-
Single visit	$15.45	$1.55	$17.00
Single visit - concession/student	$10.91	$1.09	$12.00
Sauna only	$10.91	$1.09	$12.00
Student school group fee (per student - applies to groups only)	$7.27	$0.73	$8.00
Sporting group fee (per player, applies to groups only)	$7.27	$0.73	$8.00
10 visit pass	$136.36	$13.64	$150.00
10 visit pass - Concession/Student	$100.00	$10.00	$110.00
20 visit pass	$200.00	$20.00	$220.00
20 visit pass - Concession/Student	$163.64	$16.36	$180.00
Miscellaneous Hire	-	-
Towel hire	$2.73	$0.27	$3.00
Health Assessment/Fitness testing	$50.00	$5.00	$55.00
Workout Group Fitness room hire inc equipment (per hour)	$36.36	$3.64	$40.00

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
A Condron
G Davies
R Foley
T Koschel
J McKinnon
A Parkins

RP-4          FINANCIAL PERFORMANCE REPORT AS AT 30 NOVEMBER 2024

24/357       RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a       approve the proposed 2024/25 budget variations for the month ended 30 November 2024 and note the balanced budget position as presented in this report

b       approve the proposed budget variations to the 2024/25 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 at 30 November 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
A Condron
G Davies
R Foley
T Koschel
J McKinnon
A Parkins

RP-5 Proposed Memorandum of Understanding between Council and the Wagga Wagga Show Society moved forward to follow the Public Discussion Forum.

RP-6          QUESTIONS WITH NOTICE

24/358       RESOLVED:

On the Motion of Councillors A Condron and R Foley

That Council receive and note the report.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
A Condron
G Davies
R Foley
T Koschel
J McKinnon
A Parkins

Committee Minutes

M-1            LOCAL TRAFFIC COMMITTEE MINUTES - 14 NOVEMBER 2024

24/359       RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a       receive the minutes of the Local Traffic Committee Meeting held on 14 November 2024

b       note the schedule of meeting dates for the 2025 calendar year as outlined in the report

c       approve the line marking at the Glenfield/Fernleigh Roundabout as per Council Plan Registration C2186 Sheet Number 008 Issue E dated 2 July 2024

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
A Condron
G Davies
R Foley
T Koschel
J McKinnon
A Parkins

M-2            FLOODPLAIN RISK MANAGEMENT ADVISORY COMMITTEE - 7 NOVEMBER 2024

24/360       RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council receive and note the minutes of the Floodplain Risk Management Advisory Committee Meeting held on 7 November 2024.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
A Condron
G Davies
R Foley
T Koschel
J McKinnon
A Parkins

closed COUNCIL

24/361       RESOLVED:

On the Motion of Councillors R Foley and A Condron

That the Council now resolve itself into a Closed Council, the time being 7:00pm.

CARRIED

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

confidential mayoral minute

CONFMM-1       MAYORAL MINUTE - ELECTRICITY SUPPLY INFRASTRUCTURE ON PUBLIC LAND

24/362       RESOLVED:

On the Motion of the Deputy Mayor Councillor G Davies

That Council note the contents of the Mayoral Minute and endorse the approach described including the grant of a permission to use the land for the site of local electricity infrastructure on the terms described.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
A Condron
G Davies
R Foley
T Koschel
J McKinnon
A Parkins

Confidential Reports

CONF-1    2024/25 PAVEMENT IN-SITU STABILISATION AND ASPHALT WEARING COURSE PROGRAM

24/363       RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a       accept the offer of Fulton Hogan Industries Pty Ltd (ABN: 54 000 538 689) for the 2024/25 pavement in-situ stabilisation and asphalt wearing course program for various locations in Wagga Wagga for the lump sum amount of $2,430,229.54 excluding GST  

b       authorise the General Manager of their delegate to enter a contact with Fulton Hogan Industries Pty Ltd (ABN: 54 000 538 689) for the 2024/25 pavement in-situ stabilisation and asphalt wearing course program for various locations in Wagga Wagga

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

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
A Condron
G Davies
R Foley
T Koschel
J McKinnon
A Parkins

CONF-2    RFT CT2025023 KILLICK'S BRIDGE REPLACEMENT DESIGN & CONSTRUCT

24/364       RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a       accept the tender of Nelmac Pty Ltd (ABN: 65 105 667 856) for the Killick’s Bridge Replacement Design & Construct for the lump sum price of $293,500.00 excluding GST

b       authorise the General Manager or their delegate to enter a Contract with Nelmac Pty Ltd (ABN:65 105 667 856) for the Killick’s Bridge Replacement Design & Construct

c       authorise the affixing of Council’s Common Seal to all documents that may be required

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
A Condron
G Davies
R Foley
T Koschel
J McKinnon
A Parkins

CONF-3    PROPOSED LEASE FROM AUSTRALIAN RAIL TRACK CORPORATION - URANQUINTY REST STOP

24/365       RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a       authorise the General Manager or their delegate to negotiate entry into a lease with Australian Rail Track Corporation for land within the railway corridor at Uranquinty

b       authorise the affixing of Council’s common seal to any documents as required

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
A Condron
G Davies
R Foley
T Koschel
J McKinnon
A Parkins

CONF-4    TECHNOLOGYONE ENTERPRISE RESOURCE PLANNING (ERP) SOFTWARE SOLUTION – DIRECT NEGOTIATIONS

24/366       RESOLVED:

On the Motion of Councillors T Koschel and R Foley

That Council:

a       receive and note this report

b       in accordance with Section 55(3)(i) of the Local Government Act 1993, delegate authority to the General Manager to enter into a contract with TechnologyOne (subject to the terms and conditions outlined in this report) for the provision of their OneCouncil Enterprise Resource Planning platform, for the following extenuating circumstances:

i         a lack of other pre-configured local government integrated ERP SaaS solutions

ii        the benefit of a strategic partnership with TechnologyOne, given their focus and existing partnership with Council

iii       leveraging existing system capabilities, knowledge and development completed in the TechnologyOne solution

iv      the cost, resource, and time burden of proceeding to tender to make a similar assessment for an inferior financial outcome

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
A Condron
G Davies
R Foley
T Koschel
J McKinnon
A Parkins

Reversion to open COUNCIL

24/367       RESOLVED:

On the Motion of Councillors T Koschel and A Parkins

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 7:02pm.

CARRIED

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 7:04pm.

…………………………………………………..

                                                                                                      MAYOR