Minutes of the Ordinary Meeting of Council held on Monday 24 March 2025.

Present

The Mayor, Councillor Dallas Tout

Councillor Allana Condron

Councillor Richard Foley

Councillor Tim Koschel

Councillor Jenny McKinnon

Councillor Amelia Parkins

Councillor Karissa Subedi

Councillor Lindsay Tanner

In Attendance

Director Economy, Business & Workforce                          (Mrs F Piltz)

Director Community                                                               (Ms J Summerhayes)

Director Infrastructure Services (Acting)                             (Mr H Pavitt)

Director City Engineering                                                      (Mr W Faulkner)

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)

Manager Community Services                                             (Ms M Scully)

Property Coordinator                                                              (Mr M Dombrovski)

Manager City Growth & Regional Assets                           (Mr B Creighton)

Senior Strategic Planner                                                        (Mr M Yeomans)

Contributions Coordinator                                                     (Mrs B Maclure)

Corporate Governance Coordinator                                    (Mrs N Johnson)

Communications & Engagement Officer                             (Ms Z Zaia)

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.

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 Councillor G Davies and the General Manager, Mr P Thompson on the Motion of Councillors T Koschel and A Parkins.

Confirmation of Minutes

CM-1         CONFIRMATION OF ORDINARY COUNCIL MEETING MINUTES - 10 MARCH 2025

25/067       RESOLVED:

On the Motion of Councillors J McKinnon and L Tanner

That the Minutes of the proceedings of the Ordinary Council Meeting held on 10 March 2025 be confirmed as a true and accurate record.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
A Condron
R Foley
T Koschel
J McKinnon
A Parkins
K Subedi
L Tanner

Declarations Of Interest

Councillor A Condron declared a Non-Significant Non-Pecuniary Interest in RP-2 - PETITION - RETICULATED GAS IN NEW SUBDIVISIONS, the reason being that the speaker was on her ticket for the Local Government Elections and remained in the chamber during its consideration.

Councillor A Condron declared a Significant Non-Pecuniary Interest in CONF-5 - DEED OF AGREEMENT - ROAD FUNDING, the reason being she is on the board of Ronald McDonald House Wagga charity, and the party mentioned in the report donated to the charity and vacated the chamber during its consideration.

Councillor T Koschel declared a Significant Non-Pecuniary Interest in RP-1 -  LEP24/0003 - PLANNING PROPOSAL - SOUTHERN GROWTH AREA, the reason being he has family members living in the area and vacated the chamber during its consideration.

Councillor T Koschel declared a Non-Significant Non-Pecuniary Interest in RP-3  - FINANCIAL PERFORMANCE REPORT AS AT 28 FEBRUARY 2025, the reason being that he works for a financial institution and remained in the chamber during its consideration.

Councillor T Koschel declared a Significant Non-Pecuniary Interest in CONF-5 -  DEED OF AGREEMENT - ROAD FUNDING, the reason being he is the of Chair Ronald McDonald House Wagga charity, and the party mentioned in the report donated to the charity and vacated the chamber during its consideration.

Councillor T Koschel declared a Non-Significant Non-Pecuniary Interest in RP-2 - PETITION - RETICULATED GAS IN NEW SUBDIVISIONS, the reason being that the speaker was on his ticket for the Local Government Elections and remained in the chamber during its consideration.

Councillor J McKinnon declared a Non-Significant Non-Pecuniary Interest in RP-2 - PETITION - RETICULATED GAS IN NEW SUBDIVISIONS, the reason being that her husband and several friends are signatories on this petition and remained in the chamber during its consideration.

Councillor L Tanner declared a Significant Non-Pecuniary Interest in CONF-3 - ADDITIONAL REQUEST FOR LICENCE OF COUNCIL LAND TO FACILITATE MARSHALLS CREEK BRIDGE UPGRADE, the reason being he is a Director of Transport for NSW and vacated the chamber during its consideration.

Councillor A Parkins declared a Non-Significant Non-Pecuniary Interest in CONF-1 - REQUEST FOR RENTAL CREDIT - EASTERN RIVERINA ARTS, the reason being that Executive Director of Eastern Riverina Arts ran on the same ticket as her for the Local Government Elections and remained in the chamber during its consideration.

Director Economy, Business & Workforce, Mrs F Piltz declared a Significant Non-Pecuniary Interest in CONF-1 - REQUEST FOR RENTAL CREDIT - EASTERN RIVERINA ARTS, the reason being that she is a Board member of Eastern Riverina Arts and vacated the chamber during its consideration.

Chief Operations Officer, Mr S Gray declared a Significant Non-Pecuniary interest in  CONF-4 - RFT CT2025025 ACTIVE TRAVEL PLAN STATE 1 - FOREST HILL LINK CONSTRUCTION, the reason being that one of the proposed routes identified in the report is directly in front of his primary residence.

PROCEDURAL MOTION - ENGLOBO

25/068       RESOLVED:

On the Motion of Councillors T Koschel and L Tanner

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-3 to RP-5 and CONF-2 be adopted as recommended in the business papers.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
A Condron
R Foley
T Koschel
J McKinnon
A Parkins
K Subedi
L Tanner
D Tout

PUBLIC DISCUSSION FORUM

Councillor T Koschel declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 6:07pm.

RP-1     LEP24/0003 - Planning Proposal - Southern Growth Area Zone 1

· Mr Paul Thompson (Devcore Property Group) – Speaking in Favour of the Report 

· Mr Daniel McMillan – Speaking in Favour of the Report - Via Zoom

Councillor T Koschel re-entered the chamber, the time being 6:31pm.

RP-2     PETITION - RETICULATED GAS IN NEW SUBDIVISIONS

· Mr Michael Henderson – Speaking Against the Report 

PROCEDURAL MOTION - CHANGE STANDING ORDERS

25/069       RESOLVED:

On the Motion of Councillors J McKinnon and L Tanner

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

· RP-1 LEP24/0003 - Planning Proposal - Southern Growth Area Zone 1

· RP-2 PETITION - RETICULATED GAS IN NEW SUBDIVISIONS

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
A Condron
R Foley
T Koschel
J McKinnon
A Parkins
K Subedi
L Tanner

Reports from Staff

RP-1          LEP24/0003 - Planning Proposal - Southern Growth Area Zone 1

Councillor T Koschel declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 6:36pm.

25/070       RESOLVED:

On the Motion of Councillors R Foley and L Tanner

That Council:

a       endorse Planning Proposal LEP24/0003, subject to the contents of this report

b       write to the Department of Planning, Housing and Infrastructure (DPHI) requesting a gateway determination under s3.34 of the Environmental Planning & Assessment Act 1979 (EP&A Act)

c       request that the Department of Planning, Housing and Infrastructure (DPHI) include a condition in the Gateway Determination requiring the outstanding matters listed in this report be resolved prior to exhibition of the draft Planning Proposal as outlined in the recommendation made in Section 11 of the Planning Proposal Assessment Report

d       on receipt of a Gateway Determination under section 3.34 of the Environmental Planning & Assessment Act 1979, Council enact all the requirements of the Gateway Determination and requirements of Schedule 1, clause 4 of the Environmental Planning & Assessment Act 1979

e       delegate authority to the General Manager or their delegate of all functions under section 3.36 of the Environmental Planning and Assessment Act 1979 to make the local environmental plan and put into effect the Planning Proposal

f        delegate authority to the General Manager or their delegate to make any variations to the planning proposal, to correct any drafting errors or anomalies to ensure consistency with the Gateway Determination or to address any other matter that may arise during the amendment process

g       receive a further report on the outcome of the public exhibition of the Planning Proposal

h       require the proponent to update the draft Planning Proposal to demonstrate consistency with the Wagga Wagga Recreation, Open Space and Community (ROSC) 2040 Strategy

i         provide in principle support for the development of a contributions plan that addresses the infrastructure required for the Southern Growth Area (SGA) Zone 1 and that Council staff subsequently report this matter to Council with the intent that the planning proposal and draft contribution plan are placed on public exhibition at the same time

j         seek approval from Department of Planning, Housing and Infrastructure (DPHI) to identify Zone 1 of the Southern Growth Area (SGA) as an Urban Release Area with an infrastructure contribution cap of $30,000

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout	A Parkins
A Condron
R Foley
J McKinnon
K Subedi
L Tanner

Councillor T Koschel re-entered the chamber, the time being 7:04pm.

RP-2          PETITION - RETICULATED GAS IN NEW SUBDIVISIONS

A MOTION was moved by Councillors J McKinnon and R Foley

That Council:

a       receive and note the petition received on 6 March 2025 requesting that Council consider allowing new residential subdivisions to proceed without reticulated gas

b       receive a further report in response to the petition within 3 months

An AMENDMENT was moved by Councillor R Foley and seconded by Councillor T Koschel

That Council: 

a receive and note the petition received on 6 March 2025 requesting that Council consider allowing new residential subdivisions to proceed without reticulated gas 

b recognise the importance of preserving consumer choice in energy use for new developments 

c note that residents are not currently required to use reticulated gas and can simply disconnect or opt out of connecting to the network 

d affirm that residents who wish to access gas should have the option to do so, especially considering gas’s ongoing role in supporting renewable energy reliability, for example, the Uranquinty Power Station currently provides backup firming to uphold the solar network during times of peak demand or outages 

RECORD OF VOTING ON THE AMENDMENT

For the Amendment	Against the Amendment
R Foley	D Tout
T Koschel	A Condron
	J McKinnon
	A Parkins
	K Subedi
	L Tanner

The AMENDMENT on being put to the meeting was LOST.

25/071       RESOLVED:

On the Motion of Councillors J McKinnon and R Foley

That Council:

a       receive and note the petition received on 6 March 2025 requesting that Council consider allowing new residential subdivisions to proceed without reticulated gas

b       receive a further report in response to the petition within 3 months

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout	A Condron
J McKinnon	R Foley
A Parkins	T Koschel
K Subedi
L Tanner

Motions Of Which Due Notice Has Been Given

NOM-1      NOTICE OF MOTION – ADDRESSING ILLEGAL & DANGEROUS MOTORCYCLE ACTIVITY IN WAGGA WAGGA

25/072       RESOLVED:

On the Motion of Councillors R Foley and T Koschel

That Council:

a       acknowledges the growing community concern regarding the reckless and unlawful operation of unregistered motorcycles within the Wagga Wagga local government area, particularly in public spaces such as laneways, parks, causeways, stormwater drains, and pedestrian areas

b       writes to NSW Police, the Local Area Command, and relevant road safety authorities to explore increased enforcement measures, including:

i         targeted police operations to identify and apprehend offenders

ii        public awareness campaigns to educate residents on reporting incidents, promoting safer streets, and increasing the use of Crime Stoppers for anonymous reporting

iii       investigating the use of CCTV surveillance and license plate recognition technology to support enforcement and identify repeat offenders

c       receive a further report within six (6) months, that:

i         investigates and reports on the feasibility and implementation of physical deterrents, including but not limited to:

· the installation of barrier systems, fencing, gates, bollards, speed humps, and other access control measures in high-risk areas to prevent motorcycles from unlawfully entering public spaces

· reviewing local road infrastructure and public space designs to minimise access points for illegal riders while ensuring accessibility for pedestrians and emergency services

· conducting site assessments of identified hotspots and providing recommendations for urgent intervention

ii        explores legislative and enforcement mechanisms available to Council under the Local Government Act 1993 (NSW), Roads Act 1993 (NSW), and Protection of the Environment Operations Act 1997 (NSW), including but not limited to:

· Council’s power to regulate public spaces and enforce local orders prohibiting unauthorised vehicle use in parks and public land

· provisions for traffic control measures, including restricting access to certain roadways and laneways

· enabling Council to issue penalty notices for excessive noise and environmental nuisance caused by illegal motorcycle activity

· the ability to introduce local orders restricting access to specific areas known for illegal motorcycle activity

iii       explores funding opportunities at both the state and federal government level to finance infrastructure solutions and enhanced enforcement measures, including but not limited to:

· the NSW Safer Cities Program

· the Federal Black Spot Program (if safety concerns on roads are identified)

· the Local Government Road Safety Program (administered by Transport for NSW)

· Crime Prevention & Community Safety Grants applicable to reducing antisocial behaviour

· potential funding under Community Infrastructure or Public Safety Initiatives from NSW and Commonwealth sources

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout	J McKinnon
A Condron
R Foley
T Koschel
A Parkins
K Subedi
L Tanner

Reports from Staff

RP-1 - LEP24/0003 - Planning Proposal - Southern Growth Area Zone 1 and RP-2 - Petition - Reticulated gas in new subdivisions, were moved forward to follow the public discussion forum.

RP-3          FINANCIAL PERFORMANCE REPORT AS AT 28 FEBRUARY 2025

25/073       RESOLVED:

On the Motion of Councillors T Koschel and L Tanner

That Council:

a       approve the proposed 2024/25 budget variations for the month ended 28 February 2025 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 28 February 2025 in accordance with section 625 of the Local Government Act 1993

e       accept the grant funding offers as presented in this report

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
A Condron
R Foley
T Koschel
J McKinnon
A Parkins
K Subedi
L Tanner

RP-4          WAGGA WAGGA DESTINATION MANAGEMENT PLAN 2025-2034

25/074       RESOLVED:

On the Motion of Councillors T Koschel and L Tanner

That Council:

a       receive and note the submissions received during the public exhibition of the draft Wagga Wagga Destination Management Plan 2025-2034

b       note the minor changes recommended in the draft Wagga Wagga Destination Management Plan 2025-2034

c       adopt the Wagga Wagga Destination Management Plan 2025-2034

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
A Condron
R Foley
T Koschel
J McKinnon
A Parkins
K Subedi
L Tanner

RP-5          COMMUNITY ENERGY UPGRADES FUND (CEUF) – OASIS REGIONAL AQUATIC CENTRE

25/075       RESOLVED:

On the Motion of Councillors T Koschel and L Tanner

That Council:

a       authorise the General Manager or their delegate to negotiate to enter into a funding agreement with the Australian Government Department of Industry, Science and Resources for the development and construction of the Oasis Regional Aquatic Centre Energy Efficiency Upgrades

b       approve the budget variations as detailed in the financial implications section of this report

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
D Tout
A Condron
R Foley
T Koschel
J McKinnon
A Parkins
K Subedi
L Tanner

RP-6          QUESTIONS WITH NOTICE

25/076       RESOLVED:

On the Motion of Councillors T Koschel and L Tanner

That Council receive and note the report.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
A Condron
R Foley
T Koschel
J McKinnon
A Parkins
K Subedi
L Tanner

closed COUNCIL

25/077       RESOLVED:

On the Motion of Councillors R Foley and L Tanner

That the Council now resolve itself into a Closed Council, the time being 8.06pm.

CARRIED

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

Confidential Reports

CONF-1    REQUEST FOR RENTAL CREDIT - EASTERN RIVERINA ARTS

Director Economy, Business & Workforce, Mrs F Piltz, declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 8:07pm.

25/078       RESOLVED:

On the Motion of Councillors A Parkins and L Tanner

That Council endorse the provision of a rental credit to Eastern Riverina Arts on the terms outlined in this report.

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
A Condron
R Foley
T Koschel
J McKinnon
A Parkins
K Subedi
L Tanner

Director Economy, Business & Workforce, Mrs F Piltz, re-entered the chamber the time being 8:08pm.

CONF-2    EXPRESSION OF INTEREST - CAFE/CANTEEN SITES

25/079       RESOLVED:

On the Motion of Councillors T Koschel and L Tanner

That Council:

a       authorise the General Manager or their delegate to undertake an expression of interest campaign for the lease of the canteen at the Livestock Marketing Centre and the café at the Wagga Wagga Airport

b       receive a further report from Council staff at the completion of the expression of interest campaigns detailing the applicants and assessment against selection criteria and a recommendation as to a preferred applicant (if any)

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
A Condron
R Foley
T Koschel
J McKinnon
A Parkins
K Subedi
L Tanner

CONF-3    ADDITIONAL REQUEST FOR LICENCE OF COUNCIL LAND TO FACILITATE MARSHALLS CREEK BRIDGE UPGRADE

Councillor L Tanner declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 8:08pm.

25/080       RESOLVED:

On the Motion of Councillors J McKinnon and A Parkins

That Council:

a       authorise the General Manager or their delegate to negotiate entry into a licence agreement with Transport for NSW in relation to Lot 1 DP 223258, known as 82 Hammond Avenue, East Wagga Wagga, on the terms contained in this report

b       authorise the affixing of Council’s common seal to all documents needed to give effect to the above transaction

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
A Condron
R Foley
T Koschel
J McKinnon
A Parkins
K Subedi

Councillor L Tanner re-entered the chamber, the time being 8:08pm.

CONF-4    RFT CT2025025 ACTIVE TRAVEL PLAN STATE 1 - FOREST HILL LINK CONSTRUCTION

Chief Operation Officer, Mr S Gray declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 8:09pm.

25/081       RESOLVED:

On the Motion of Councillors J McKinnon and L Tanner

That Council:

a endorse the completion of all outstanding works of the required to complete Stage 1 of the Active Travel Project inclusive of:

i construction of the Forest Hill link

ii construction of intersection treatments and line marking within Beckwith Street

iii line marking along The Esplanade

iv construction of an active travel path along Brookong Avenue and Edward Street to connect Cassidy’s Bridge to Murray Street

v on street line marking along Trevor Street, Coleman Street, Norman, and the Bourke Street eastern service road

b endorse completing stormwater infrastructure renewal works in Brookong Avenue

c accept the tender of CRS (NSW) Pty Ltd (ABN: 76 133 263 779) for the Active Travel Plan Stage 1 Forest Hill Link Construction for the lump sum price of $1,919,820.00 excluding GST

d authorise the General Manager or their delegate to enter a Contract with CRS (NSW) Pty Ltd (ABN: 76 133 263 779) for the construction of the Active Travel Plan Stage 1 Forest Hill Link for the lump sum price of $1,919,820.00 excluding GST

e authorise the General Manager or his delegate to extend the Contract as set out in the Contract documents

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

g approve the budget variations 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
A Condron
R Foley
T Koschel
J McKinnon
A Parkins
K Subedi
L Tanner

CONF-5    DEED OF AGREEMENT - ROAD FUNDING

Councillors T Koschel and A Condron declared a Significant Non-Pecuniary Interest and vacated the chamber, the time being 8:18pm and did not return to the chamber.

25/082       RESOLVED:

On the Motion of Councillors A Parkins and J McKinnon

That Council

a       authorise the General Manager or their delegate to negotiate and enter into a Deed with NSW Electricity Networks Operations Pty Ltd ACN 609 169 959 on the terms outlined in this report

b       approve the budget variation/s as detailed in the Financial Implications section of the report

c       authorise the affixing of Council’s Common Seal to documents relating to this matter if required

CARRIED

RECORD OF VOTING ON THE MOTION

For the Motion	Against the Motion
D Tout
R Foley
J McKinnon
A Parkins
K Subedi
L Tanner

Reversion to open COUNCIL

25/083       RESOLVED:

On the Motion of Councillors A Parkins and L Tanner

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 8.19pm.

CARRIED

THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 8.21pm.

…………………………………………………..

                                                                                                      MAYOR