minutes of ordinary meeting of council - 24 september … · media officer (mr b koschel) senior...

MINUTES of the ORDINARY MEETING OF COUNCIL held on Monday 24 September 2012.

This is page 1 of the MINUTES of the ORDINARY MEETING OF COUNCIL of the Council of the CITY OF WAGGA WAGGA held on 24 SEPTEMBER 2012. ………………………………………….….MAYOR ………………..……..………GENERAL MANAGER

The Mayor, Councillor Rod Kendall (Mayor from the time of adjournment for the balance of the meeting)

PRESENT

Councillor Kerry Pascoe (Mayor for the meeting until RP-1) Councillor Yvonne Braid Councillor Alan Brown Councillor Greg Conkey Councillor Paul Funnell Councillor Garry Hiscock Councillor Julian McLaren Councillor Andrew Negline Councillor Kevin Poynter Councillor Dallas Tout

General Manager (Mr P Pinyon)

IN ATTENDANCE

Director Commercial & Economic Development (Dr P Adams) Director Corporate Services (Mr C Richardson) Director Environmental & Community Services (Mrs J Summerhayes) Director Infrastructure Services (Mr H Kausche) Director Planning (Mr A Crakanthorp) Manager Council Businesses (Mr G Johnson) Manager Tourism (Ms S Nolan) Manager Corporate Governance (Ms N McCormack) Manager Finance (Mrs B Curry) Manager Program Integration (Mr A Fenwick) Manager Waste & Stormwater Services (Mr G Veneris) Manager Executive Services (Mr L Grealy) Project Manager Riverside (Mr J Bolton) Governance Coordinator (Mrs N Johnson) Media and Communications Coordinator (Mrs N Crowley) Media Officer (Mr B Koschel) Senior Governance Officer (Mr N McDermott) Communications Officer (Ms V Keenan) Environmental Compliance Co-ordinator (Mr C Coombes) Ranger Services Coordinator (Mr G Minehan) Internal Audit Officer (Mr P Swaffield) Executive Assistant - Mayor (Mrs R Cox) Executive Assistant - General Manager (Mrs C Lee) Executive Assistant – Director Planning (Mrs L Cox) Business Support (Mrs M Castle) Senior Town Planner (Mr S Cook) Town Planner (Mr B Koop) IT support Officer (Mr L Chalk) Business Support Officer (Ms A Boux)



PRAYER

Almighty God, Help protect our Mayor, elected Councillors and staff. Help Councillors to govern with justice, integrity, and respect for equality, to preserve rights and liberties, to be guided by wisdom when making decisions and settling priorities, and not least of all to preserve harmony. Amen.

I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of this Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Community members present.

ACKNOWLEDGEMENT OF COUNTRY

Councillors as a group read the Oath of Office outlined below.

COUNCILLOR’S OATH OF OFFICE

I _______________________________ hereby affirm that I will undertake the duties of the office of Councillor in the best interests of the people in the City of Wagga Wagga and carry out the functions vested in me under applicable legislation to the best of my skill and judgment. I will abide by confidentiality requirements and will adhere to the principles of integrity, selflessness, impartiality, accountability, honesty and respect and will provide leadership to the Wagga Wagga community to the best of my ability.

Upon reading the Oath of Office, each Councillor immediately signed the Oath in the presence of the gallery.

APOLOGIES

No apologies were received.



CM-1 CONFIRMATION OF MINUTES - 27 AUGUST 2012

CONFIRMATION OF MINUTES

12/262 RESOLVED: On the Motion of Councillors A Brown and Y Braid

That the Minutes of the proceedings of the Ordinary Council Meeting held on 27 August 2012 be confirmed as a true and accurate record.

CARRIED

DECLARATIONS OF INTEREST

Councillor R Kendall declared a Non-Pecuniary Interest and remained in the chamber during its consideration; the reason being that he would like to bring to the attention of the meeting the general declaration made in his annual return in that he has neither interest in nor contract with Xeros Kendall Consulting Engineers, 5 Bye Street, Wagga Wagga. Casual consulting work is undertaken for that entity and other entities.

Councillor R Kendall declared a Significant Non-Pecuniary Interest in CONF-3 RFT2012/050 WINNING AND CRUSHING OF GRAVEL the reason being that the Director of one tenderer is a business associate of his and he vacated the chamber during its consideration.



RP-1 ELECTION OF MAYOR AND DEPUTY MAYOR

REPORTS FROM STAFF

The Mayor, Councillor K Pascoe vacated the chair for the election of the Mayor and Deputy Mayor. At this stage of the meeting the General Manager, Mr Phil Pinyon advised the meeting that he has appointed Mr Craig Richardson, Director Corporate Services as the returning officer for the election of the Mayor and Deputy Mayor and that Mrs Kay Hull had accepted the invitation as scrutineer (together with the General Manager) who would join the Returning Officer in the conduct of the election. 12/263 RESOLVED: On the Motion of Councillors K Poynter and J McLaren

That Council conduct the election of the Mayor and Deputy Mayor by Open Voting.

CARRIED

Election of the Mayor

The nominations received for the Office of Mayor were:

• Councillor R Kendall

• Councillor K Pascoe The Returning Officer, then conducted the election the Mayor. Following the conclusion of the vote, the Returning Officer declared Councillor R Kendall elected to the position of Mayor for the Council of the City of Wagga Wagga for the ensuing 12 months with the result of the count being:

• Councillor R Kendall - 7 Votes

• Councillor K Pascoe - 4 Votes



Election of the Deputy Mayor

The nominations received for the Office of the Deputy Mayor were:

• Councillor G Conkey

• Councillor A Negline

The Returning Officer, then conducted the election for Deputy Mayor.

Following the conclusion of the vote, the Returning Officer declared Councillor A Negline elected to the position of Deputy Mayor for the City of Wagga Wagga for the ensuing 12 months with the result of the count being:

• Councillor G Conkey - 5 Votes

• Councillor A Negline - 6 Votes

At this stage of the meeting The Mayor Councillor R Kendall assumed the position of Chair the time being 6:13pm.

PROCEDURAL MOTION

12/264 RESOLVED: On the Motion of Councillors A Brown and K Pascoe

That Council suspend standing orders and adjourn for 10 minutes. The time being 6:13pm.

CARRIED


That Council resume the meeting and reinstate standing orders. The time being 6:28pm.

CARRIED



RP-2 ELECTION OF MEMBERS TO RIVERINA WATER COUNTY COUNCIL

At this stage of the meeting the General Manager, Mr Phil Pinyon advised the meeting that he has appointed Mr Craig Richardson, Director Corporate Services as the returning officer for the election of a Councillor to the Board of Riverina Water County Council and that Mrs Kay Hull had accepted the invitation as scrutineer (together with the General Manager) who would join the Returning Officer in the conduct of the election.


That Council: a note that in accordance with the Local Government (General) Regulations

2005, the General Manager has appointed the Director of Corporate Services, Mr Craig Richardson, as the Returning Officer for the election of members to Riverina Water County Council

b note that in the event of there being more than five candidates for the

Riverina Water County Council, an election will be held in accordance with Clause 396 (Schedule 9) of the Local Government (General) Regulation 2005, and that such election is to be determined by preferential ballot

CARRIED

Election of five Councillors to the Board of Riverina Water County Council

The nominations received for the Board members of Riverina Water County Council were:

• Councillor Y Braid

• Councillor A Brown

• Councillor G Conkey

• Councillor P Funnell

• Councillor G Hiscock

• Councillor R Kendall

• Councillor A Negline

• Councillor K Pascoe

• Councillor K Poynter

• Councillor D Tout



The Returning Officer, conducted the election of five Councillors to the Board of Riverina Water County Council. Ballot papers were distributed by the Senior Governance Officer in accordance with Schedule 7 Part 1 (1) of the Local Government (General) Regulation 2005 for the election of the five board members of Riverina Water County Council.

Following receipt of the completed ballot papers, the following votes were recorded:

Round One Preference Count

Following the count Councillor G Conkey was eliminated via lot.

Round Two – Preference Count

Following the count Councillor P Funnell was eliminated via lot.

Round Three – Preference Count

Following the count Councillor A Brown was eliminated via lot.

Round Four – Preference Count

Following the count Councillor D Tout was eliminated via lot.

Round Five– Preference Count

Following the count Councillor Y Braid was eliminated. Following the conclusion of the ballot, the Returning Officer declared the following Councillors elected to the position of Board members of Riverina Water County Council until September 2016 with the result of the count being:

• Councillor G Hiscock – 2 Votes

• Councillor R Kendall – 2 Votes

• Councillor A Negline – 2 Votes

• Councillor K Pascoe – 2 Votes

• Councillor K Poynter – 2 Votes



PM-1 PROCEDURAL MOTION - ENGLOBO

12/267 RESOLVED: On the Motion of Councillors K Poynter and A Brown

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, RP-7 to RP-12, RP-16, RP-19 and RP-20 be adopted as recommended in the business papers.

CARRIED

RP-3 DELEGATION OF AUTHORITY TO THE MAYOR 12/268 RESOLVED: On the Motion of Councillors K Poynter and A Brown

That Council delegate the following powers, authorities, duties or functions to the Mayor, as listed below. 1.01 EXECUTIVE:

(a) to fulfil the functions of chief elected member of the Council and to

perform all duties imposed upon the Mayor under the Local Government Act 1993

(b) to give effect to the resolutions of the Council (c) to carry on the regular services and operations of the Council within the

sums voted by the Council for expenditure thereon (d) to authorise any work within the sums provided in the Council's budget,

which in the Mayor’s opinion is urgent but at a cost not exceeding $30,000 1.02 COUNCIL MEETINGS: (a) to call extraordinary meetings of the Council in terms of Council’s Code of

Meeting Practice



(b) in terms of clause 28(1)(b) of the Council’s Code of Meeting Practice and

as Chairperson of Council Meetings and on behalf of the General Manager, to direct questions put to Council employees at Council Meetings directly to the employee concerned

1.03 POLICY MAKING FUNCTIONS: To exercise, in cases of necessity, the policy making functions of the governing body of the Council between meetings of the Council (Statutory function under Section 226). 1.04 LEGAL: When considered necessary by the Mayor, to request the General Manager to obtain legal advice or legal representation in any matter in which the Council is or may become involved. 1.05 CONFERENCES, SEMINARS, MEETINGS AND COURSES: (a) To approve jointly with the General Manager, the attendance of

Councillors at any seminar, conference, meeting or course, provided that: (i) such delegation shall not be exercised if there is a prior Council

meeting at which the attendance might be considered allowing sufficient time for registration, arrangements, etc

(ii) provision has been made for such expenditure in the Council’s budget.

(iii) such seminar, conference etc is for one day or less and does not involve an overnight stay.

(b) To attend to Council business as considered necessary by the Mayor both

within and outside of the Council boundaries with reasonable expenses to be reimbursed by the Council.

1.06 COUNTRY MAYORS’ ASSOCIATION: To be the Council’s Delegate/Member of NSW Country Mayors’ Association 1.07 CIVIC FUNCTIONS: To carry out the civic and ceremonial functions of the office of Mayor (Statutory function under Section 226). 1.08 CIVIC RECEPTIONS: To approve and tender Civic Receptions where the Mayor considers it appropriate and the period for arranging the reception does not permit time for a decision to be made by the Council.



1.9 CITIZENSHIP: To perform Citizenship Ceremonies and present Certificates of Australian Citizenship as provided by the relevant Act. 1.10 GENERAL MANAGER: (a) To undertake an annual review of the performance of the General Manager

in relation to the General Manager’s contract, as a member of the General Manager’s Review Committee along with at least two other Councillors, in terms of the Local Government Act 1993, Council’s policies, decisions and delegations.

(b) To approve of Annual Leave, Sick Leave, Special Leave or Study Leave for the General Manager in terms of the provisions of the General Manager's Contract of Employment with the Council.

1.11 MEDIA: To advise and respond to enquiries from the media on matters relative to the affairs of the Council and the Wagga Wagga Local Government Area generally and issue media releases on behalf of the Council in accordance with Council policy. 1.12 PROPERTY DAMAGE: To concur to the offer, where deemed advisable and appropriate, of a cash reward for information leading to the apprehension and/or conviction of persons responsible for acts of vandalism to Council property. 1.13 HONOURS COMMITTEE: To exercise the Council’s powers, duties and authorities contained in the Legislation to receive, consider and grant Council and City Honours to a person and groups.

CARRIED



RP-4 DELEGATION OF AUTHORITY FOR THE GENERAL MANAGER 12/269 RESOLVED: On the Motion of Councillors K Poynter and A Brown

That Council delegate, as outlined below, to the person holding the position of General Manager, including to any temporary appointee, the powers, authorities, duties and functions of the Council as shown in the Schedule hereto, subject to the limitations and exceptions as shown: SCHEDULE (a) All powers, authorities, duties and functions of the Council conferred

under the Local Government Act, 1993 other than the functions listed in Section 377 of that Act as matters incapable of being delegated

(b) All powers, authorities, duties and functions conferred or imposed on the Council under any other Act

LIMITATIONS (a) A power, authority, duty or function the subject of this delegation shall

not be exercised in a particular case if the holder of the office of General Manager receives a direction from the Council withdrawing a power, authority, duty or function in relation to any matter for which the Council is enabled to withdraw that power, authority, duty or function

(b) These delegations may be exercised only in accordance with legislation,

prescribed standards, codes, policies and decisions of the Council EXCEPTIONS (a) Resolution of any matter relating to a development application requested

by two or more Councillors to be referred to the Council by notice in writing addressed to the General Manager

(b) Determination of any development application, which relies on a SEPP 1

application that is required to be referred to the Council for determination in accordance with any directive issued by the Department of Planning

(c) Any matter required under clause 47E of the Local Government Act 1993,

‘development of community land’, to be referred to the Council (d) Development applications submitted either as applicant or landowner by

Councillors, senior officers or staff with delegations in the Planning Services Directorate other than minor development applications, eg. additions to existing dwellings less than 50m2, decks, carports, other



additional works ancillary to a main dwelling (e) Determination of any matter involving Council properties other than:

(i) operational matters including maintenance, repairs and improvement

(ii) leases or tenancies (iii) development applications where the property is a community

asset, there has been no public objection, and there is no commercial advantage to the Council from any proposed works

(iv) for minor types of development on operational land, where there are no community objections, and there is no commercial advantage to the Council from any proposed works

(f) Any commercial activity involving Council assets other than specified in

EXCEPTION (e)(ii) (g) Those functions or matters which are required to be exercised ‘by

resolution’ of the Council CARRIED

RP-5 COUNCIL MEETING DATES NOVEMBER 2012 - DECEMBER 2013 12/270 RESOLVED: On the Motion of Councillors K Poynter and A Brown

That Council: a endorse the schedule of Council meetings for the period November 2012

to December 2013 as outlined in the report b delegate authority to the General Manager, in consultation with the Mayor,

to change a date of a Council meeting if deemed appropriate CARRIED



RP-6 2012 ANNUAL LOCAL GOVERNMENT ASSOCIATION CONFERENCE 12/271 RESOLVED: On the Motion of Councillors G Hiscock and K Poynter

That Council: a be represented by the Mayor and three additional Councillors at the NSW

Local Government Association (LGA) Conference to be hosted by Dubbo City Council from Sunday, 28 October to Tuesday, 30 October 2012

b elect the three delegates referred to in (a) above to the 2012 NSW Local

Government Association Conference CARRIED

Councillor D Tout was nominated by Councillor G Hiscock Councillor D Tout declined the nomination. Councillor J McLaren was nominated by Councillor A Negline Councillor J McLaren accepted the nomination. Councillor A Brown was nominated by Councillor G Hiscock Councillor A Brown declined the nomination. Councillor P Funnell was nominated by Councillor K Pascoe Councillor P Funnell accepted the nomination. Councillor A Negline self nominated.

Councillors J McLaren, P Funnell and A Negline were duly elected to attend the NSW Local Government Association (LGA) Conference to be hosted by Dubbo City Council from Sunday, 28 October to Tuesday, 30 October 2012.



RP-7 COUNCILLORS' AND MAYORAL REMUNERATION 12/272 RESOLVED: On the Motion of Councillors K Poynter and A Brown

That Council determine to pay the Councillors' allowance and Mayoral allowance at the maximum allowable level within the range determined annually by the NSW Local Government Remuneration Tribunal for the current term of the Council.

CARRIED

RP-8 POL 025 - PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS POLICY


That Council: a place the draft POL 025 Payment of Expenses and Provision of Facilities

to Councillors’ Policy on public exhibition for a period of 28 days and invite public submissions on the draft policy

b consider a further report following the public exhibition period:

(i) addressing any submission made in respect of the proposed policy (ii) proposing any amendments to the policy considered appropriate

whether as a result of the public submissions or otherwise (iii) unless any amendments are deemed to be substantial and requiring

further public notification of the proposal, proposing a revised policy for adoption by the Council

CARRIED



RP-9 PECUNIARY INTEREST RETURNS OF COUNCILLORS AND DESIGNATED STAFF 2012


That Council table and receive the Register of Pecuniary Interest Returns, containing current returns for the period 1 July 2011 to 30 June 2012.

CARRIED

RP-10 POL 095 - PRIVACY POLICY 12/275 RESOLVED:

On the Motion of Councillors K Poynter and A Brown

That Council: a note that there were no submissions received during the public exhibition

period for the draft policy b adopt POL 095 – Privacy Policy as exhibited

CARRIED

RP-11 POL 108 - PUBLIC ACCESS TO INFORMATION 12/276 RESOLVED: On the Motion of Councillors K Poynter and A Brown

That Council: a note that there were no submissions received during the public exhibition

period for the draft policy b adopt POL 108 – Public Access to Information Policy as exhibited

CARRIED



RP-12 MAJOR EVENTS SPONSORSHIP FOR THE STONE THE CROWS BUSH FESTIVAL


That Council endorse sponsorship of $20,000 from the Major Events Sponsorship budget, for the inaugural “Stone the Crows” Bush Festival planned for April 2013.

CARRIED

RP-13 FUNDING OF EMERGENCY SERVICES 12/278 RESOLVED: On the Motion of Councillors A Brown and A Negline

That Council: a note the report b provide in principle support for the concept of a broad based property

levy as the preferred model for the collection of funds for the provision of emergency services

c endorse the key points outlined in this report for the purposes of making a submission to the NSW Treasurer and Minister for Police and Emergency Services with the following amendments:

I. amend bullet point three to read “Could the NSW Office of State Revenue issue and collect the levy to property owners?”

II. Amend bullet point five to read “potential for cost shifting” III. Delete the final bullet point IV. Add the following bullet point “Council is supportive of a levy which

would include those people and corporations which choose not to insure or insure offshore and ensure that this group participate in funding the services they demand in times of emergency.”

CARRIED



RP-14 DONATIONS UNDER S356 OF THE LOCAL GOVERNMENT ACT - WAIVING OF COUNCIL FEES AND CHARGES

A Motion was moved by Councillors J McLaren and G Hiscock That Council: a donate $660 towards the expenses for the hire of the Bolton Park Stadium Car

Park by Breast Screen NSW under section 356 of the Local Government Act 1993

b donate $520 towards the expenses for the hire of the Music Bowl and related development application fees for the staging of “Flix in the Stix” which is to be undertaken by Mojo Events and Promotions under section 356 of the Local Government Act 1993

c donate $120 towards the expenses for the hire of the Music Bowl by the Riverina Down Syndrome Support Group under section 356 of the Local Government Act 1993

d donate $490 towards the expenses for the hire of Parramore Park by the Cancer Council South West Region under section 356 of the Local Government Act 1993

e request a report from the Show Society regarding its strategic plan and long term vision and activity proposed to be held at the show grounds and additionally, the impact of harness racing moving from the show grounds should also be included in that report

An AMENDMENT was moved by Councillor A Brown and seconded by Councillor G Conkey That Council: a donate $8,844 towards the 2012/13 rate levy of the Wagga Wagga Show

Society Incorporated under section 356 of the Local Government Act 1993 b donate $520 towards the expenses for the hire of the Music Bowl and related

development application fees for the staging of “Flix in the Stix” which is to be undertaken by Mojo Events and Promotions under section 356 of the Local Government Act 1993





e donate $660 towards the expenses for the hire of the Bolton Park Stadium Car

Park by Breast Screen NSW under section 356 of the Local Government Act 1993

The AMENDMENT on being put to the Meeting was LOST. 12/279 RESOLVED: On the Motion of Councillors J McLaren and G Hiscock

That Council: a donate $660 towards the expenses for the hire of the Bolton Park Stadium

Car Park by Breast Screen NSW under section 356 of the Local Government Act 1993

b donate $520 towards the expenses for the hire of the Music Bowl and related development application fees for the staging of “Flix in the Stix” which is to be undertaken by Mojo Events and Promotions under section 356 of the Local Government Act 1993



e request a report from the show society regarding its strategic plan and long term vision and activity proposed to be held at the show grounds and additionally, the impact of harness racing moving from the show grounds should also be included in that report

CARRIED



RP-15 FINANCIAL PERFORMANCE REPORT 12/280 RESOLVED: On the Motion of Councillors D Tout and K Pascoe

That Council: a approve the variations to the 2012/13 original budget for the month ended

31 July 2012 as presented in this report b note the Responsible Accounting Officer reports, in accordance with the

Local Government (General) Regulation 2005 (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

c note Council’s external investments as at 31 July 2012

CARRIED

RP-16 ANNUAL FINANCIAL STATEMENTS 2011/12 12/281 RESOLVED: On the Motion of Councillors K Poynter and A Brown

That Council: a approve the signing of the 2011/12 Financial Statements pursuant to

Section 413 (2) (c) of the Local Government Act 1993 b approve the movements to and from Restricted Assets (Reserves) as at 30

June 2012 as detailed in Note 6 (c) – Cash & Investments including the additional transfer of $1 million to the Infrastructure Reserve to fund road repairs.

CARRIED



RP-17 CITY ENTRIES 12/282 RESOLVED: On the Motion of Councillors K Poynter and A Negline

That Council: a. determine to replace all 13 of the existing City entry signs b. receive a further report in December 2012 on a new City entry sign design

incorporating the City Branding together with costs to manufacture and install this signage

c. call for expressions of interest (not via a public competition) to provide a design for City entry statements for the following locations:

- Sturt Highway - Flowerdale Lagoon rest area, taking account of the issues raised in this report

- Sturt Highway - adjacent to the front of the old drive-in theatre/Riverina Marine Centre

- Olympic Highway North near Trahair’s Lane d. receive a further report advising the outcome of the expression of interest

process CARRIED

RP-18 KEEP AUSTRALIA BEAUTIFUL AWARDS PRESENTATION 12/283 RESOLVED: On the Motion of Councillors K Pascoe and A Negline

That Council nominate a Councillor to attend the 2012 Keep Australia Beautiful Tidy Towns Awards presentation.

CARRIED Councillor Y Braid was nominated by Councillor K Pascoe. Councillor Y Braid accepted the nomination. Councillor A Brown was nominated by Councillor G Conkey. Councillor A Brown accepted the nomination. Councillor K Poynter was nominated by Councillor G Hiscock. Councillor K Poynter declined the nomination. Councillor Y Braid was duly elected by show of hands to attend the 2012 Keep Australia Beautiful Tidy Towns Awards presentation.



RP-19 PARKING RESTRICTION AND ENFORCEMENT 18-34 GURWOOD STREET


That Council: a agree to the proposal of 72 Fitzmaurice Street Pty Ltd to implement

parking restrictions for the nominated car parking bays 7 to 26 upon the land located at Lot 1 DP 1077827, 18-34 Gurwood Street, Wagga Wagga

b authorise the General Manager to enter into a license agreement for a period of up to three (3) years with 72 Fitzmaurice Street Pty Ltd for the purpose of enforcing parking restrictions for the nominated car parking bays 7 to 26 at Lot 1 DP 1077827, 18-34 Gurwood Street, Wagga Wagga

CARRIED

RP-20 CARABOST ROAD - SHOCKEROO BRIDGE - LAND RESUMPTION 12/285 RESOLVED: On the Motion of Councillors K Poynter and A Brown

That Council: a note the report b acquire by Section 30 Agreement under the Land Acquisition (Just Terms

Compensation) Act 1991 Lots 1 and 2 in Deposited Plan 1173783 Carabost Road, Humula for the purposes of the Roads Act 1993

c acquire by compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991 road being Lots 4, 5 and 6 in Deposited Plan 1173783 Carabost Road, Humula for the purposes of the Roads Act 1993

d endorse compensation of $3,500 plus GST, if applicable, be paid for the acquisition of Lot 1 DP 1173783 plus the owners reasonable legal expenses

e endorse compensation of $1,500 plus GST, if applicable, be paid for the acquisition of Lot 2 DP 1173783 plus the owners reasonable legal expenses

f endorse Lot 4 DP 1173783 being transferred to the owner of Lot 7 DP 1173783 as part compensation

g endorse Lots 5 and 6 DP 1173783 being transferred to the owner of Lot 8 DP 1173783 as part compensation



h endorse that all minerals in the lands be exempted from the Compulsory Acquisition

i authorise the affixing of council’s Common Seal to all relevant documents as required

j endorse Lots 1 and 2 DP 1173783 be gazetted as road after the acquisition k endorse that upon acquisition Lots 1 and 2 DP 1173783 be classified as

operational land in accordance with Section 31(2) of the Local Government Act 1993 (as amended)

l endorse the making of an application to the Minister and the Governor for approval to acquire Lots 1 and 2 DP 1173783 by agreement or failing agreement with the owner by compulsory process, and Lots 4, 5 and 6 DP 1173783 by compulsory acquisition

CARRIED

RP-21 GREGADOO WASTE MANAGENT CENTRE - LICENCE AGREEMENT 12/286 RESOLVED: On the Motion of Councillors G Conkey and A Negline

That Council

a enter into a grazing licence agreement with CE & RD Morris upon the following terms: i property – Lot 58, 59, 62, 63, 97 DP 757246 Wagga Wagga ii term – three (3 ) years iii rental - $2,096.04 per annum including GST

b authorise the execution of all necessary documents under Council’s Common Seal as necessary.

CARRIED



RP-22 COUNCILLOR REPRESENTATIVES FOR SOUTHERN JOINT REGIONAL PLANNING PANEL

12/287 RESOLVED: On the Motion of Councillors A Negline and P Funnell

That Council: a nominate two representatives and an alternate representative to be

Council’s representatives on the Southern Joint Regional Planning Panel a write to the Minister for Planning advising the Councillor representatives

for Wagga Wagga City Council on the Southern Joint Regional Planning Panel

CARRIED

Two Representatives and One Alternate Representative - Southern Joint Regional Planning Panel

Councillor K Pascoe was nominated by Councillor Y Briad Councillor K Pascoe accepted the nomination. Councillor A Negline was nominated by Councillor P Funnell Councillor A Negline accepted the nomination. The Mayor, Councillor R Kendall was nominated by Councillor G Hiscock The Mayor, Councillor R Kendall accepted the nomination.

Upon receipt of the three nominations, Councillor A Negline opted to be the alternate member.

The Mayor Councillor R Kendall and Councillor K Pascoe were duly appointed as Council’s representatives on the Southern Joint Regional Planning Panel.

Councillor A Negline was duly appointed as Council’s alternate representative on the Southern Joint Regional Planning Panel.



RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS - SECTION 375A(3) LOCAL GOVERNMENT ACT 1993 For the Motion Against the Motion Y Braid Nil A Brown G Conkey P Funnell G Hiscock R Kendall J McLaren A Negline K Pascoe K Poynter D Tout

RP-23 REVIEW OF POL 049 SWIMMING POOL POLICY 12/288 RESOLVED: On the Motion of Councillors G Hiscock and Y Braid

That Council: a note that there was one (1) submission received during the public

exhibition period for the draft policy b adopt POL 049 – Swimming Pool Policy as exhibited

CARRIED

RECORD OF VOTING ON DEVELOPMENT OR PLANNING MATTERS - SECTION 375A(3) LOCAL GOVERNMENT ACT 1993 For the Motion Against the Motion Y Braid Nil A Brown G Conkey P Funnell G Hiscock R Kendall J McLaren A Negline K Pascoe K Poynter D Tout



RP-24 DETERMINATION OF AA12/0262 - PRIMITIVE CAMPING GROUND - WILKS PARK - LOT 7014 DP1125781 AND LOT 7013 DP1115880

12/289 RESOLVED: On the Motion of Councillors G Conkey and A Brown

That Council approve AA12/0262 Determination for Primitive Camping Ground at Wilks Park Lot 7014 DP1125781 and Lot 7013 DP1115880, Wagga Wagga this approval being subject to the following conditions: Approved Plans and Documentation 1. The development must be carried out in accordance with the approved

plans and specifications as follows. Plan/Doc. No.

Plan/Doc. Title

Prepared by Issue Date

LA01 Wilks Park Existing Landscape Plan

City of Wagga Wagga

02 26/07/2012

LA04 Wilks Park Full Site Plan

City of Wagga Wagga

01 26/07/2012

The Activity Approval has been determined by the granting of consent subject to and as amended by the conditions of development consent specified below. REASON: It is in the public interest that camping is restricted in accordance with approved plans. Section 132(3)(a) of the Local Government (Manufactured home estates, caravan parks, camping grounds and moveable dwellings) Regulations 2005,as amended.

2. Prior to the installation of the Terms of Condition Signage the applicant must submit to Councils Director of Planning or delegate for approval plans and details of the sign. The sign should address all relevant matters to ensure that compliance with other conditions of consent REASON: To ensure that appropriate content is provided on sign. Section 72(2) Local Government (Manufactured home estates, caravan parks, camping grounds and moveable dwellings) Regulations 2005, as amended.

3. Prior to the operation of the Primitive Camping Ground a revised

Management Plan is to be submitted for approval by Councils Director of Planning or delegate that outlines the details for the management of the internal roadway to ensures that dust and sediment from the internal road way is managed and does not impact upon Hampton Avenue.



REASON: To ensure that the Hampton Avenue road network is not impacted upon. Section 89(3)(a) of the Local Government Act 1993, as amended.

4. The maximum period of use allowed at any one time by a self contained

vehicle is 72 hours

REASON: To ensure that the use of the camping ground is in accordance with the terms and conditions outlined in the application. Section 89(3)(a) of the Local Government Act 1993, as amended.

5. A minimum distance of 6 metres is required to be maintained between

self contained vehicles including any annexe attached to the vehicle.

REASON: To ensure that a minimum distance specified under Section132 of the regulations is complied with by users of the site. Section 132(3)(c) of the Local Government (Manufactured home estates, caravan parks, camping grounds and moveable dwellings) Regulations 2005, as amended.

6. Amenities should be kept clean and tidy at all times to ensure there is an

appropriate facility on site for persons utilising the camping area. Details of the cleaning regime should be included in the management plan.

REASON: To ensure that appropriate amenities are provided for on site. Section 132 (e) of the Local Government (Manufactured home estates, caravan parks, camping grounds and moveable dwellings) Regulations 2005, as amended.

7. The camping ground must at all times be provided with a water supply,

toilet and refuse disposal facilities as specified in the approval for the camping ground.

REASON: To ensure that appropriate amenities are provided for on site. Section 132(3)(e) of the Local Government (Manufactured home estates, caravan parks, camping grounds and moveable dwellings) Regulations 2005, as amended.

8. The activity is not permitted over the Hampton Avenue road reserve,

fencing, markers, bollards or the like are to be used to clearly define the boundary. Plans shall be submitted and approved to the satisfaction of Councils Director of Planning or delegate within 12 months of this approval. A survey plan shall accompany these plans showing the exact location of the boundary between the Hampton Avenue Road Reserve and Lot 7014 DP 1125781.

REASON: To ensure that the boundaries of the camping ground are clearly defined. Section 132C (1)(e) of the Local Government (Manufactured home estates, caravan parks, camping grounds and moveable dwellings) Regulations 2005, as amended.



9. Camping is only permitted within self contained vehicles only. No camping is permitted in tents, swags or any other form of accommodation that is not self contained. Camping is restricted to the area identified on the approved plans. Note: For the purpose of this condition self contained vehicles are defined as a vehicle that meets the requirements for the holding capacity for fresh, grey and black water, as well as storage capacity for garbage waste. The vehicle is equipped with toilet shower and power source

REASON: To ensure that camping is restricted to only those areas identified on the approved plans and areas are kept for environmental protection. Section 132(3) of the Local Government (Manufactured home estates, caravan parks, camping grounds and moveable dwellings) Regulations 2005, as amended.

10. Self Contained vehicles are not to be unoccupied for a period longer

than 24 hours.

REASON: To ensure that use of the camping area is in accordance with the requirements. Section 132(f) of the Local Government (Manufactured home estates, caravan parks, camping grounds and moveable dwellings) Regulations 2005, as amended.

11. If a fee for camping is charged a register must be kept that contains

entries in accordance with Section 132(3)(g) of the Local Government (Manufactured home estates, caravan parks, camping grounds and moveable dwellings) Regulations 2005. REASON: To ensure that a register is kept in accordance with the regulations. Section 132(3)(g) of the Local Government(Manufactured home estates, caravan parks, camping grounds and moveable dwellings) Regulations 2005, as amended.

12. A person must not be permitted to stay in a moveable dwelling for a total

of more than 50 days in any 12 month period.

REASON: To ensure that a person does not stay longer then permitted. Section 73(3)(d) of the Local Government(Manufactured home estates, caravan parks, camping grounds and moveable dwellings) Regulations 2005, as amended.

13. This approval is for a primitive camping ground ONLY and allows for a

maximum of 74 self contained vehicles at any one time on the approved site area.

REASON: To ensure that site is restricted in accordance with the relevant requirements. Section 72(c)(iii) of the Local Government(Manufactured home estates, caravan parks, camping grounds and moveable dwellings) Regulations 2005, as amended.



14. Noise generated from the site is not to exceed 5 dB(A) between 6:00am

and 12 midnight and the background noise level after 12:00am midnight and 6:00am. This measurement is to be taken at the worst affected premises.

REASON: To ensure that the camping ground does not reduce the amenity of the area. Section 89(3)(b) of the Local Government Act 1993, as amended.

15. Appropriate fire fighting facilities are to be provided on site in

accordance with the NSW Rural Fire Service Planning for Bushfire Protection Document. Facilities should include an adequate water supply, fire blanket and extinguisher. Details of the facilities should be provided in the management plan.

REASON: To ensure that appropriate facilities and information is provided on site to manage a fire. Section 132(3)(h) of the Local Government (Manufactured home estates, caravan parks, camping grounds and moveable dwellings) Regulations 2005, as amended.

16. The setting up of portable showers and toilets and the discharge of grey

water onto the ground is prohibited.

REASON: To ensure that grey water is not discharged inappropriately. Section 89(3)(a) of the Local Government Act 1993, as amended.

17. Fires are permitted for cooking and heating purposes within designated

fire pits only. Fires are not permitted during times of high fire risk or outside the designated fire pits. Users of the camping ground are to check the current fire status with the NSW Rural Fire Service.

Note: Designated fire pits are to be shown on the entry sign

REASON: To ensure fires are only used for cooking and heating purpose during appropriate times. Section 89(3)(a) of the Local Government Act 1993, as amended.

NSW Rural Fire Service Prescribed Conditions 1. Asset Protection Zones

Camping is permissible within established Asset Protection Zones. The 74 sites nominated for camping should be located within an area managed to meet the standards of an inner Protection Area as specified in Appendix 2 of the Planning for Bush Fire Protection 2006. If the existing building (toilet facilities) can achieve a radiant heat load greater than 10kW m2 and meets BAL-12.5 construction standards, then camping site can be in the Asset Protection Zone less then 100m from the hazard.



REASON: To ensure that the amenities building complies with the relevant radiant heat level. Planning for Bushfire Protection 2006.

2. Access

Internal road widths and design should comply with 4.2.7 of Planning for Bush fire Protection 2006

REASON: To ensure vehicles are able to access the site in the event of a bushfire. Planning for Bushfire Protection 2006.

3. Water

An access point to the reticulated water supply in the camping area should be provided at a location in close proximity to the established toilet facilities. REASON: To ensure the site has appropriate water supply facilities. Planning for Bushfire Protection 2006.

4. Emergency and evacuation planning

An emergency/evacuation plan should be prepared and information about evacuation and relocation should be posted at an appropriate location near the established toilet facilities.

REASON: To ensure appropriate measures are in place in the event of a fire. Planning for Bushfire Protection 2006.

CARRIED

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

For the Motion Against the Motion Y Braid Nil A Brown G Conkey P Funnell G Hiscock R Kendall J McLaren A Negline K Pascoe K Poynter D Tout



RP-25 A NEW PLANNING SYSTEM FOR NSW - RELEASE OF GREEN PAPER 12/290 RESOLVED: On the Motion of Councillors K Poynter and G Hiscock

That Council convene a workshop at 5pm on Wednesday, 3 October 2012, to discuss the "A New Planning System for NSW" Green Paper to provide an opportunity for Councillors to make suggestions to supplement the Wagga Wagga City Council response for submission by 5 October 2012.

CARRIED

COMMITTEE MINUTES

M-1 FLOODPLAIN RISK MANAGEMENT ADVISORY COMMITTEE 12/291 RESOLVED: On the Motion of Councillors K Pascoe and G Hiscock

That the Council receive and note the minutes of the Floodplain Risk Management Advisory Committee Meeting held on 7 August 2012.

CARRIED

M-2 MINUTES OF THE AUSTRALIAN ROAD TRANSPORT HERITAGE CENTRE COMMITTEE - 15 AUGUST 2012

12/292 RESOLVED: On the Motion of Councillors K Pascoe and G Hiscock

That Council:

a receive and note the Minutes of the Australian Road Transport Heritage Centre Committee Meeting held on 15 August 2012

b place on record its appreciation for the activities and work undertaken by the Committee in preparing the Business Plan for the ARTHCC

CARRIED



M-3 PLANNING ADVISORY COMMITTEE MINUTES - 3 SEPTEMBER 2012 12/293 RESOLVED: On the Motion of Councillors K Pascoe and G Hiscock

That the Council receive and note the minutes of the Planning Advisory Committee Meeting held on 3 September 2012.

CARRIED

CLOSED COUNCIL 12/294 RESOLVED: On the Motion of Councillors K Pascoe and D Tout

That the Council now resolve itself into a Closed Council, the time being 8:02pm.

CARRIED

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

CONFIDENTIAL REPORTS

CONF-1 RFT2012/041 PROVISION OF CATTLE DELIVERY SERVICES 12/296.1 RESOLVED: On the Motion of Councillors K Pascoe and G Hiscock

That Council:

a accept the offer of Bourlet Pty Ltd ATF The Bourlet Family Trust for the Provision of Cattle Delivery Services in the schedule of rates submitted in their tender

b authorise the General Manager or his delegate to enter into a contract with Bourlet Pty Ltd ATF The Bourlet Family Trust for the Provision of Cattle Delivery Services

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

CARRIED



CONF-2 RFT2012/020 KERB AND GUTTER AND ASSOCIATED WORKS 12/296.2 RESOLVED: On the Motion of Councillors A Brown and D Tout

That Council:

a accept the offer of Damien Elliot T/a Elliot’s Concreting for the provision of kerb and gutter and associated works in the schedule of rates submitted

b authorise the General Manager or his delegate to enter into a contract with Damien Elliot T/a Elliot’s Concreting for the provision of kerb and gutter and associated works

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

CONF-3 RFT2012/050 WINNING AND CRUSHING OF GRAVEL

The Mayor, Councillor R Kendall declared a Pecuniary Interest and vacated the Chair and the Chamber the time being 8:09pm.

Deputy Mayor, Councillor A Negline assumed the chair, the time being 8:09pm.

12/296.3 RESOLVED: On the Motion of Councillors K Pascoe and A Brown

That Council:

a accept the tender of Milbrae Quarries Pty Ltd for the provision of gravel winning & crushing services in accordance with the schedule of rates submitted with their tender

b accept the tender of Rocky Point Quarries Pty Ltd for the provision of services for the winning & crushing of gravel in accordance with the schedule of rates submitted with their tender

c accept the tender of Sydney Quarry & Haulage Group Pty Ltd for the provision of services for the winning & crushing of gravel in accordance with the schedule of rates submitted with their tender

d authorise the General Manager or his delegate to enter into a contract with Milbrae Quarries Pty Ltd for the provision of gravel winning & crushing services for a period of 12 months



e authorise the General Manager or his delegate to enter into a contract with Rocky Point Quarries Pty Ltd for the provision of services for the winning & crushing of gravel for a period of 12 months

f authorise the General Manager or his delegate to enter into a contract with Sydney Quarry & Haulage Group Pty Ltd for the provision of services for the winning & crushing of gravel for a period of 12 months

g authorise the General Manager to extend the contracts for 12 months for winning & crushing of gravel subject to satisfactory performance

h authorise the affixing of Council’s common seal to documents as required CARRIED

Deputy Mayor, Councillor A Negline vacated the Chair the time being 8:15pm.

The Mayor Councillor R Kendall entered the chamber and assumed the chair, the time being 8:15pm.

CONF-4 RFT2012/051 SPRAYED BITUMINOUS SURFACING 12/296.4 RESOLVED: On the Motion of Councillors K Pascoe and G Hiscock

a accept the offer of Bitupave Limited for sprayed bituminous surfacing in the schedule of rates submitted with their tender

b authorise the General Manager to enter into a contract with Bitupave Limited for sprayed bituminous surfacing for a period of 12 months

c authorise the General Manager or his delegate to execute the 4 x 12 month contract extensions (as allowed for in the contract) subject to performance

d authorise the affixing of Council’s common seal to documents as required CARRIED



CONF-5 RFT2013/006 NORTH WAGGA LEVEE BANK REPAIRS 12/296.5 RESOLVED: On the Motion of Councillors K Pascoe and P Funnell

That Council: a accept the tender of D & L McCallum Pty Ltd for the emergency levee bank

repairs for the lump sum amount of $481,893.59 b authorise the General Manager or his delegate to enter into a contract with

D & L McCallum Pty Ltd for the emergency levee bank repairs c authorise the affixing of Council’s Common Seal to all relevant documents

as required d note the information within the report regarding the guidelines for the

Natural Disaster Relief and Recovery Arrangements and eligibility of the levee bank repair works under the arrangements

e approve a budget variation for the levee bank repairs as detailed in the report noting that the final actual cost will be claimed under the Natural Disaster Relief and Recovery Arrangements following the Natural Disaster declaration of March 2012

CARRIED

REVERSION TO OPEN COUNCIL

12/295 RESOLVED: On the Motion of Councillors K Pascoe and K Poynter

That this meeting of the Closed Council revert to an open meeting of the Council, the time being 8:30pm.

CARRIED



REPORT OF PROCEEDINGS OF CLOSED COUNCIL

12/296 RESOLVED: On the Motion of Councillors K Pascoe and G Conkey

That the recommendations contained in the report of the proceedings of the Closed Council be adopted.

CARRIED THIS COMPLETED THE BUSINESS OF THE COUNCIL MEETING WHICH ROSE AT 8:31pm.

………………………………………………….. MAYOR

minutes of ordinary meeting of council - 24 september … · media officer (mr b koschel) senior...

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