2011-4 23 march minutes - savethehighlands.net · v-is1 burradoo bu2 catchment assessment study:...

MINUTES

OF THE ORDINARY MEETING OF COUNCIL

File No. 100/10

held on Wednesday, 23 March 2011

The meeting commenced at 3.30 pm.

MINUTES OF THE ORDINARY MEETING OF COUNCIL

held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 23 March 2011

CONTENTS CONFIRMATION OF MINUTES 3

VISITOR ITEM 6 v-EP1 Presentation by Cockatoo Coal Limited.............................................................................6

INFRASTRUCTURE SERVICES DIVISION 8 v-IS1 Burradoo BU2 Catchment Assessment Study: Flood Study Report..................................8

QUESTIONS FROM THE PUBLIC 9

OPEN COUNCIL 11

ENVIRONMENT & PLANNING DIVISION 11 o-EP1 Development Consents Determined By Way Of Approval Under Delegated Authority...11 o-EP2 List of Land Use Applications Received By Council ........................................................12 o-EP3 Proposed Two (2) Lot Subdivision Lot 5 DP 714156 and Lot 1 DP378531, RN659 Old

South Road (Corner Diamond Fields Road) Mittagong ...................................................14 o-EP4 Planning Proposal to Amend the Boundary of the Property Known as ‘Boscobel’ 453

Exeter Road, Sutton Forest..............................................................................................15 o-EP5 Settlement of Contamination Matter – Estate of Mr Lance Gotting .................................16 o-EP6 Land Use Application Process Review ............................................................................17 o-EP7 Environment and Sustainability Committee – Meeting Frequency ..................................19 o-EP8 Plan of Management for the Southern Highlands Botanic Gardens................................20 o-EP9 Proposed Removal of Bunya Bunya Pine Tree, No 5 Church Street, Bowral .................21 o-EP10 Legal Issues .....................................................................................................................22

CORPORATE SERVICES DIVISION 23 o-CS1 Investments as at 28 February 2011 ...............................................................................23

INFRASTRUCTURE SERVICES DIVISION 24 o-IS1 Indoor Aquatic Strategy Working Group ..........................................................................24

COUNCIL MATTERS 25

GENERAL MANAGER’S REPORTS 25 c-GM1 Staff Matter.......................................................................................................................25

QUESTIONS WITH NOTICE 26 c-QWN1 02/11 – Response To Enquiries.......................................................................................26 c-QWN2 02/11 – Footpath Extension to High Street, Robertson ...................................................28

COMMITTEE REPORTS TABLED 29 c-CR1 Management and Advisory Committee Reports ..............................................................29

COMMITTEE REPORTS ATTACHED 30 c-CR2 Minutes of the Wingecarribee Aboriginal Liaison Committee ..........................................30 c-CR3 Minutes of the Community Services Advisory Committee ...............................................30 c-CR4 Minutes of the Traffic Committee .....................................................................................31

GENERAL BUSINESS 32

CLOSED COUNCIL 33

GENERAL MANAGER 33 cc-GM1 Closed Council .................................................................................................................33



CLOSED COUNCIL 35

c-GM1 Legal Issues .....................................................................................................................35 c-GM2 Staff Matter.......................................................................................................................36



COMMENCING AT: 3.30 pm PRESENT: Clr K Halstead (Mayor) in the Chair Clr L A C Whipper (Deputy Mayor) Clr J G Arkwright Clr J R Clark Clr T D Gair Clr G McLaughlin Clr J Mauger Clr D Stranger IN ATTENDANCE: General Manager Mr Jason Gordon Director Corporate Services Mr Barry Paull Director Environment & Planning Mr Scott Lee Director Infrastructure Services Mr Michael Brearley Acting Manager Governance Ms Kathryn Hayward Mayor’s Assistant Ms Liz Johnson Communications Officer Mr David Sommers

OPENING OF MEETING AND ACKNOWLEDGEMENT OF COUNTRY

1826/4 The Mayor Clr K Halstead opened the meeting and welcomed members of the public and the press, and requested Clr L A C Whipper to undertake Acknowledgement of Country. Clr L A C Whipper acknowledged country: “We acknowledge the Traditional Owners and Custodians of this Land and we pay respect to the past and present Elders of the Country we are meeting on today.”

PRAYER

100/1 The meeting was led in prayer by Chaplain Richard Cormick, Rural Fire Service Chaplain and Chaplain of Motorsport.



APOLOGY PERS M/N 75/11 MOTION moved by Clr T D Gair and seconded by Clr D Stranger: THAT the apology of Clr P B Tuddenham be accepted and l eave of absence granted. PASSED



CONFIRMATION OF MINUTES

100/1 MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY, 9 MARCH 2011 MN 76/11 MOTION moved by Clr T D Gair and seconded by Clr J Mauger: THAT the minutes of the Ordinary Meeting of Council hel d on Wednesday, 9 March 2011 MN 65/11 to MN 74/11 inclusive, copies of which wer e forwarded to Councillors, be adopted as a correct record of the proceedings o f the meeting. PASSED

BUSINESS ARISING 1. ITEMS o-IS2 - ROBERTSON SEWERAGE SCHEME – TENDERS RECEIVED AND

POST-TENDER ESTIMATE AND c-GM2 - ROBERTSON SEWERAGE SCHEME – REVIEW OF TENDERS 7650

Clr T D Gair advised that in relation to Items o-IS2 - Robertson Sewerage Scheme – Tenders Received and Post-Tender Estimate and c-GM2 - Robertson Sewerage Scheme – Review of Tenders and an information session held last Thursday at Robertson in relation to the May Street/West Street access points, he questioned whether he should have declared a non-pecuniary interest as his son lives at Robertson. He asked if the Director Corporate Services could clarify whether he had a pecuniary or non-pecuniary interest. The Director Corporate Services advised that this question relates to conflicts of interest and there are two types of conflict of interest – there is a pecuniary conflict of interest which has the definition under the Act as being where there is a likelihood of financial loss or gain by the person who has that conflict. He advised that under the Act and Council’s Code of Conduct, the individual, whether it be a Councillor or staff member or whoever is affected by the conflict of interest, must deal with it appropriately. He advised that with a pecuniary interest you either need to take action to remove the matter that creates that conflict or pecuniary interest, or the alternative is that you have to remove yourself from the discussion, debate, vote or whatever it may be. In regard to a non-pecuniary conflict of interest, he advised that there are two types of non-pecuniary conflicts of interest: firstly, there is a significant matter which is dealt with in a similar way as a conflict of interest; or if the individual considers that non-pecuniary conflict of interest is not a significant interest is not of a significant nature, then they need to give reasons as to why they believe it is not of a



significant nature and they can participate in the debate, discussion or vote, depending on the forum that they are in, but they need to justify their actions in this regard. Clr T D Gair asked what the Act says in relation to relatives or close friends of a Councillor living in a town, and an issue comes up about that town. The Director Corporate Services advised that this is a difficult question to answer as there are specific exclusions under s448 of the Local Government Act which states matters where Councillors are excluded from having to declare a pecuniary interest or conflict of interest. He advised that although there are a range of exclusions under the Act, in regard to the particular case that Clr Gair mentioned, he does not believe there is exclusion in s448 but this needs to be judged on its merits. He further advised that Councillors need to seek their own advice in this regard and it is a matter for each individual Councillor to determine. Clr T D Gair advised that to err on the side of caution, he would declare a non-pecuniary interest in relation to the Robertson Sewerage Scheme as his son lives in Robertson and the sewerage pipeline will traverse his property, but that he would vote on the matter. The Mayor Clr K Halstead advised that Clr Gair had raised a very pertinent point which should be discussed at some future time with Councillors. Clr L A C Whipper noted that in his absence from the last meeting a question had been raised from a member of the public about his membership of the Sydney Catchment Authority (SCA) and the possibility of a conflict of interest. He advised that he does declare an interest specifically on any items that relate to the SCA. He asked if the General Manager could write a letter to the person who raised the question in relation to his appointment on the SCA, noting that he had been appointed to his position by the Minister and he represents not only Council’s interest, but the interests of Local Government in general. Clr J Mauger advised that he had declared a pecuniary interest and removed himself from the Chamber. He advised that this meant that he did not have the opportunity to debate or discuss the matter and felt that the matter of conflicts of interest needs to be addressed. He advised that he felt that he was denied the opportunity of putting his case, although he feels that he does have a pecuniary interest and cannot debate the matter.



DECLARATIONS OF INTEREST 101/3

Clr G McLaughlin declared a non-pecuniary interest in Item 8 of the Traffic Committee Minutes – Heavy Vehicle Movements in Medway – as he works for Boral Cement at Berrima. He stated that he would remain in the Chamber when the matter was discussed, take part in the debate and vote thereon.

OPEN COUNCIL MN 77/11 107/11 MOTION moved by Clr D Stranger and seconded by Clr T D Gair: THAT Council moves into Open Council to discuss various matters listed in the Agenda with Clr Jim Clark in the Chair. PASSED

MINUTES OF THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 23 March 2011

REPORT OF DIRECTOR INFRASTRUCTURE SERVICES

VISITOR ITEM

v-EP1 Presentation by Cockatoo Coal Limited

REF: DEP 5305, 5305/7

Reporting on the presentation by representatives of Cockatoo Coal Limited. Mr Mark Lochtenberg, Managing Director, Mr Peter Doyle, Chief Operating Officer and Mr Mike Cunnion, Project Manager Hume Project from Cockatoo Coal Limited addressed Council and answered Councillors questions.

SUSPENSION OF STANDING ORDERS Clr L A C Whipper requested that standing orders be suspended to allow questions from members of the public, who were present in the gallery, to the representatives from Cockatoo Coal Limited in relation to Item v-EP1 – Presentation by Cockatoo Coal Limited, for a period of fifteen (15) minutes. OC 39/11 The Committee on a MOTION moved by Clr L A C Whipper and seconded by Clr J G Arkwright RECOMMENDED: THAT standing orders be suspended to allow questions fr om the public for a period of fifteen (15) minutes in relation to Item v-EP1 – Pr esentation by Cockatoo Coal Limited. PASSED

QUESTIONS FROM THE PUBLIC Questions from members of the public to the representatives of Cockatoo Coal Limited were allowed for a period of approximately fifteen (15) minutes. The Director Corporate Services left the Meeting at 4.50 pm.

……Cont’d



……Cont’d OC 40/11 The Committee on a MOTION ARISING moved by Clr L A C Whipper and seconded by Clr J G Arkwright RECOMMENDED: THAT the representatives from Cockatoo Coal Limited be thanked for their presentation to Council AND THAT pending the outcome of the election on Saturday, 26 March 2011 that Council make representations to The Hon Duncan Gay, MLC, the Leader of the NSW Nationals in the Legislative Coun cil, Deputy Leader of the Opposition in the Legislative Council and Shadow Mi nister for Primary Industries and Energy, requesting that Council be a party to any S trategic Land Use Policy that is formulated for the Wingecarribee Shire. PASSED

SUSPENSION OF STANDING ORDERS Clr Jim Clark requested that standing orders be suspended for five (5) minutes to allow members of the public who wished to leave the Chamber to do so. OC 41/11 The Committee on a MOTION moved by Clr J R Clark and seconded by Clr L A C Whipper RECOMMENDED: THAT standing orders be suspended for five (5) minutes to allow members of the public who wished to leave the Chamber to do so. PASSED



INFRASTRUCTURE SERVICES DIVISION

v-IS1 Burradoo BU2 Catchment Assessment Study: Floo d Study Report

REF: CSPE 8100/5

Reporting on the Burradoo BU2 Catchment flood study that was undertaken by Cardno Lawson Treloar with funding from the NSW Government Floodplain Management Program and responding to issues raised by residents with the catchment. The Director Infrastructure Services addressed Council on this matter. Mr Andrew Reid, Project Engineer, from Cardno Lawson Treloar addressed Council and answered Councillors questions on this matter. The Director Corporate Services rejoined the Meeting at 5.15 pm. OC 42/11 The Committee on a MOTION moved by Clr K Halstead and seconded by Clr J Mauger RECOMMENDED: THAT the Burradoo BU2 Catchment Assessment Study: Floo d Study Report be deferred pending an urgent meeting between the Gene ral Manager, Mayor and Deputy Mayor and representatives of the Department of Envi ronment, Climate Change and Water regarding the commissioning of an “independen t” review of the Burradoo BU2 Catchment Flood Study Report by an Australian-based hydrological expert on catchment data analysis AND THAT this independent expert be endorsed by the Institution of Engineers Australia, that is involve d with the current review of Australian Rainfall and Run-Off. PASSED


QUESTIONS FROM THE PUBLIC


1. INDOOR AQUATIC STRATEGY WORKING GROUP 7181/2.2 Mr Nick Campbell-Jones asked in relation to this matter: (i) Before deciding which pool will be covered, will Council consult with the community

prior to making a commitment to covering a pool. (ii) Should there be a business plan in place before deciding the location, including who

will use the pool and how often, bearing in the mind that the northern end of the Shire has been disregarded in this instance.

Clr L A C Whipper advised that a unanimous decision was made by the Indoor Aquatic Strategy Working Group with a recommendation for Councillors to consider at today’s meeting. 2. BURRADOO BU2 CATCHMENT ASSESSMENT STUDY 8100/5 Mr Peter Smyth asked: (i) If it is known, after Council adopts the new flood study, how many houses will be

“flood prone” and will this be reflected on s149 Certificates issued by Council, and while the study is going on will there be any notation to a possible purchaser that this is to be reviewed.

Clr J R Clark advised that this question has been partly addressed in the study. The Director Environment & Planning advised that the Environmental, Planning & Assessment Act, 1979, is specific in what it requires to be included on s149 Certificates and flooding is one of the categories. He advised that it is open to Council to make a “policy position” about how much additional information it provides to the public and at what time. He stated that it should be noted that there is no adopted flood study for the Shire so therefore it would not be on the s149 Certificates at this time. (ii) If Council planners and staff think it is pertinent to approve any subdivision or house

within the zone that is under risk whilst this analysis is taking place or would it be not considered that you have not aided and abetted a possible problem by adding hard surfaces and taking away absorption.

The Director Environment & Planning advised that Council officers, when dealing with development applications, take into consideration all the relevant information that is available to them at the time and make an informed decision based on that. (iii) Has Council had advice about where it stands legally if a class action was resultant

due to property value losses upon flood prone s149 Certificates being issued and is the Council planning to sterilise the area for further development while waiting for studies so it is not seen as aiding a possible situation.



The General Manager advised that everything is considered on merit and at the end of the day a decision has to be made by staff or Councillors, and that is the way it is at the moment with or without a flood study, so the Director Environment & Planning has answered that. The Director Environment & Planning advised that once an application is lodged, Council is obliged to deal with them. He advised that how they are dealt with is based on the information that is available and if insufficient information to make a properly informed decision, Council could seek to defer the matter or it could refuse the application. 3. NATURAL RESOURCES SUPERVISOR 5450, 5453 Mrs Jane Lemann asked whether Council will ensure that the position of a fully qualified Natural Resources Supervisor will be reinstated, as without that position staff and volunteers have been overloaded to the detriment of the environment. The General Manager advised that there are a number of vacancies in that area at the moment and that some positions are presently being advertised, but some positions are being reviewed as part of the restructure. 4. BUSH CLEARING AND EXCAVATION ON CROWN LAND ADJOINING

GIBBERGUNAH CREEK 6820, 6310 Mr John Vanechop advised that there is clearing of bushland at the site of the Gibbergunyah Creek behind the RTA, which he thought was Crown Land, and noted that today bulldozers have moved in and earth movements are going on. He advised that he understood that the RFS has been granted access to this land for the purposes of putting two containers on the site, and asked if Council was aware of these earthworks. Clr T D Gair advised that it is his understanding that the RFS is putting in a helipad, also for the use of the SES. He advised that he is attending a Bush Fire Management Committee Meeting on Friday and he will ask if residents can be notified of the action.

MINUTES OF THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 23 March 2011 REPORT OF DIRECTOR ENVIRONMENT & PLANNING

OPEN COUNCIL

ENVIRONMENT & PLANNING DIVISION

o-EP1 Development Consents Determined By Way Of App roval Under Delegated Authority

REF: MEA 5302

Submitting list of development consents executed under delegated authority of the Director of Environment and Planning between 2 March and 15 March 2011. OC 43/11 The Committee on a MOTION moved by Clr D Stranger and seconded by Clr J G Arkwright RECOMMENDED: THAT the information relating to Development Consent De termined Nos 1-2 under Delegated Authority and Development Consent Refused Nos Nil be received and noted. PASSED


o-EP2 List of Land Use Applications Received By Cou ncil

REF: MEA 5302

Submitting list of development applications which have been received between 2 March and 14 March 2011, some of which will be dealt with under delegated authority of the Director of Environment and Planning. OC 44/11 The Committee on a MOTION moved by Clr L A C Whipper and seconded by Clr D Stranger RECOMMENDED: THAT the information regarding the List of Land Use App lications Nos 1 - 13 received by Council be received and noted, with the exceptio n of Item 8 – 8 Lot Subdivision, Lot 3 DP 703543 P 43398/EP4341, 5 lease over property, 401 Joadja Road, Mandemar and Item 9 – 2 Farm Buildings (Animal Shelter for Horse s and Horse Exercise Building), Lot 11 DP 751262, 540 Myra Vale Road, Wildes Meadow . PASSED 1. ITEM 8 – 8 LOT SUBDIVISION, LOT 3 DP 703543 EP43398/EP4341, 5 LEASE

OVER PROPERTY, 401 JOADJA ROAD, MANDEMAR LUA11/0202 Clr D Stranger asked if this matter could come back to Council for determination.

OC 45/11 The Committee on a MOTION moved by Clr D Stranger and seconded by Clr K Halstead RECOMMENDED: THAT Item 8 - 8 Lot Subdivision, Lot 3 DP 703543 EP 433 98/EP4341, 5 lease over property, 401 Joadja Road, Mandemar (LUA11/0202) be referred to an Ordinary Meeting of Council for determination. PASSED

In accordance with the Local Government Act (section 375A – Recording of voting on planning matters) Council must record the Councillor’s vote in relation to this matter.

Councillor For Against

Clr J G Arkwright x Clr J R Clark x Clr T D Gair x Clr K Halstead x Clr G McLaughlin x Clr J Mauger x Clr D Stranger x Clr P B Tuddenham A Clr L A C Whipper x


2. ITEM 9 - 2 FARM BUILDINGS (ANIMAL SHELTER FOR HORSES AND HORSE EXERCISE BUILDING), LOT 11 DP 751262, 540 MYRA VALE ROAD, WILDES MEADOW LUA11/0203

Clr G McLaughlin asked for further information in relation to this matter in the Weekly Circular. Clr L A C Whipper asked that in addition to the information being placed in the Weekly Circular, if this matter could come back to Council for determination. OC 46/11 The Committee on a MOTION moved by Clr L A C Whipper and seconded by Clr D Stranger RECOMMENDED: THAT Item 9 - 2 Farm Buildings (Animal Shelter for Hors es and Horse Exercise Building), Lot 11 DP 751262, 540 Myra Vale Road, Wi ldes Meadow (LUA11/0203) be referred to an Ordinary Meeting of Council for dete rmination. PASSED In accordance with the Local Government Act (section 375A – Recording of voting on planning matters) Council must record the Councillor’s vote in relation to this matter.



CHAIRPERSON

At this juncture, the time being 6.00 pm, the Mayor Clr K Halstead resumed the Chair to conduct the remainder of Council Business. The Acting Manager Governance retired from the Meeting at 6.00 pm.


o-EP3 Proposed Two (2) Lot Subdivision Lot 5 DP 714 156 and Lot 1 DP378531, RN659 Old South Road (Corner Diamond Fields Road) M ittagong

REF: MEA LUA2009/1043 This report discusses a development application for a two (2) lot subdivision which proposes a minor variation to the 40 hectare subdivision standard. The Manager Environmental Assessment addressed Council on this matter. Interest : Clr L A C Whipper declared a non-pecuniary interest in this matter as a direct neighbour who has written a submission was on his Local Government election team. He stated that he would remain in the Chamber, take part in the debate and vote on the matter. MN 78/11 MOTION moved by Clr T D Gair and seconded by Clr G McLaughlin: 1. THAT Council support the objection pursuant to State En vironmental Planning

Policy No 1, for a departure from the 40 hectare de velopment standard in Clause 12 of Wingecarribee Local Environmental Plan 1989, to enable the subdivision of Lot 1 DP 714156 and Lot 1 DP 378531 at RN 659 Old South Road, Mittagong.

2. THAT subject to the concurrence of the Director General , Department of

Planning, authority is delegated to the General Man ager to approve the development application LUA2009/1043 for the two (2 ) lot subdivision of the land referred to in 1 above.

3. THAT any future building/development application on the site be brought back

to Council for determination and adjacent landowner s be notified of any building application.

PASSED In accordance with the Local Government Act (section 375A – Recording of voting on planning matters) Council must record the Councillor’s vote in relation to this matter.




o-EP4 Planning Proposal to Amend the Boundary of th e Property Known as ‘Boscobel’ 453 Exeter Road, Sutton Forest

REF: MSCD 5901, PN 1773730

The purpose of this report is to present to Council an application to amend the boundary of the property known as ‘Boscobel’, 453 Exeter Road, Sutton Forest through consolidation of the allotments which comprise ‘Boscobel’ with an adjoining site to create two (2) new allotments. The Director Environment & Planning addressed Council on this matter. MN 79/11 MOTION moved by Clr L A C Whipper and seconded by Clr J R Clark: 1. THAT Council not support the application to consolidate the allotments which

comprise the property known as ‘Boscobel’, 453 Exet er Road, Sutton Forest, being Lot 1 DP 63523, Lot 1 DP 1094302 and Lots 1 - 19 Sec 8 DP 758938, Lots 1 and 2 Sec 9 DP 758938, together with Lot 3 DP 11424 93, to create a new lot of 40 hectares and a new lot of 7 hectares because the purpose of the consolidation is to transfer the current dwelling e ntitlement on Lot 3 DP 1142493 to the newly created 7 hectare allotment an d Council does not support such transfers without sound planning justification and in this instance Council does not believe that adequate justification has be en provided.

2. THAT the applicant be advised of Council’s decision. PASSED In accordance with the Local Government Act (section 375A – Recording of voting on planning matters) Council must record the Councillor’s vote in relation to this matter.




o-EP5 Settlement of Contamination Matter – Estate o f Mr Lance Gotting

REF: DEP PN 1764480

Reporting on the matter of settlement of the Estate of Mr Lance Gotting which had been a long standing matter involving contaminated land. MN 80/11 MOTION moved by Clr T D Gair and seconded by Clr G McLaughlin: THAT the Discharge of Charge in relation to the subject property at Lot 1 DP 577450, Alfred Street, Mittagong, be executed under the Com mon Seal of the Council. PASSED


o-EP6 Land Use Application Process Review

REF: MEA 5302

The purpose of this report is to present a process for dealing with certain land use applications in a manner which potentially will reduce processing times. The Manager Environmental Assessment addressed Council on this matter. -- MOTION moved by Clr T D Gair and seconded by Clr G McLaughlin: THAT the following process for the determination of certain development applications of interest to Council be trialled for a period of six (6) months, with a review and further report to Council at the end of that period: 1. Council will signal its interest in an application and give specific reasons for that

interest. 2. Throughout the assessment process, Council will be kept informed about the

progress of the application via the Weekly Circulars, information will be provided at the following stages of assessment:

i. After lodgement and initial preliminary assessment summarising the proposal

and outlining the proposed notification and referrals.

Any inadequacies of the application (eg requests for additional information) that might delay its assessment will be identified.

ii. After neighbour notification/advertising and internal/external referral

summarizing any grounds for objection/support, whether any issues have arisen either through internal or external assessment.

iii. After detailed assessment has been completed, which will include discussion

of how the proposal fits in terms of permissibility and any relevant development policies etc.

This will include a draft determination, with either draft conditions of consent or reasons for refusal would be included.

At any time, a Councillor may request additional information on any issue for inclusion in the next Weekly Circular, and this request can most practically be made via an email to Director Environment and Planning or Manager Environmental Assessment.

iv. Council will have the opportunity, as it currently does now by resolution at a

Council meeting, to request the matter to be referred for determination. If this is the case, specific reasons will be given to benefit:

……Cont’d


……Cont’d

(a) staff so that these reasons can be addressed in the report to Council; and

(b) the applicant, and any other interested parties, who might subsequently wish to address Council as “visitors”.

v. In the absence of a resolution for Council to determine the application, the

determination (consent or refusal as previously described) will be finalized however, this will not occur until after the Council meeting following the Weekly Circular about stage iii above.

On being put to the meeting voting was tied at four (4) all whereupon the Mayor exercised his casting vote against the Motion . LOST


o-EP7 Environment and Sustainability Committee – Me eting Frequency

REF: ME&S 107/25 The purpose of this report is to seek increased scope and meeting frequency for the Environment & Sustainability Committee of Council. MN 81/11 MOTION moved by Clr L A C Whipper and seconded by Clr J R Clark: 1. THAT the Sustainability Sub Committee be disbanded.

2. THAT the terms of reference for the Environment and Sus tainability Committee that were adopted on 22 September 2010 to include t he following details:

ENVIRONMENT AND SUSTAINABILITY COMMITTEE

File No 107/25 (Meets monthly with meetings

to be held from 9.30 am to 12.30 pm)

• To discuss and advise on projects that support sust ainability; to discuss and advise Council on proposed works and budgets propos ed under the Wingecarribee Our Future Environment (WOFE) program AND to monitor and review progress of the WOFE program; To monitor and review environmental issues relating to road reserves and lineal reserve s, and the implementation of Council’s Roadside Management Plan; To monitor and review progress of the 2010-2015 Environment Strategy

• To oversee, contribute to and comment on Council’s environmental operations

2010/2011

Councillors: Clr L A C Whipper (Chair), Clr J R Cla rk and Clr D Stranger

Community Members: Margaret Krahenbuhl, Jan Hainke, Jane Lemann, Maree Byrne and Leon Hall

Reps: HNCMA Rep Geoff O’Connor; NPWS Rep Pat Hall; SCA Rep Alan Benson; Department of Industry & Investment Rep Lori McWhir ter

Staff: Manager Environmental Sustainability, Natur al Resources Coordinator

3. THAT Council notes the increased frequency of Environme ntal &

Sustainability Committee meetings and schedules Cou ncil and other meetings so that they do not clash with the Environ mental & Sustainability Committee Meetings, where possible.

4. THAT recruitment in the Environmental area be expedited , as a matter of urgency.

PASSED


o-EP8 Plan of Management for the Southern Highlands Botanic Gardens

REF: MSCD 6500/22 The purpose of this report is to present to Council the submission details (community comment) on the public exhibition of the draft Plan of Management (PoM) for the Southern Highlands Botanic Gardens and to recommend that the Plan be adopted by Council. MN 82/11 MOTION moved by Clr T D Gair and seconded by Clr J R Clark: 1. THAT Council adopt the Draft Plan of Management for the Southern Highlands

Botanic Gardens (Attachment 1) located on the corne r of Kangaloon Road and Old South Road, Bowral AND THAT this document be known as the “Southern Highlands Botanic Gardens Plan of Management”.

2. THAT Council respond to those people who made submissio ns to Council in

terms of the decision in 1 above. 3. THAT the Southern Highlands Botanic Gardens Inc, headed by Mrs Charlotte

Webb, the President, be thanked for their hard work on this project. PASSED


o-EP9 Proposed Removal of Bunya Bunya Pine Tree, No 5 Church Street, Bowral

REF: DEP PN 352100, 5454 This report is about an application to remove one (1) Bunya Bunya Pine (Araucaria bidwillii) from within Lot 6 Sec C DP 11838 No 5 Church Street, Bowral. The subject property is located within the Bowral Heritage Conservation Area. The Mayor Clr K Halstead advised that he did not want to be involved in this particular matter, he left the Chamber and the Deputy Mayor Clr L A C Whipper took the chair. The Director Environment & Planning addressed Council on this matter. MN 83/11 MOTION moved by Clr G McLaughlin and seconded by Clr J Mauger: 1. THAT Council refuse the application to remove the singl e Bunya Bunya Pine

(Araucaria bidwillii) located within Lot 6 Sec C DP 11838 No 5 Church Street, Bowral.

2. THAT the owners of 5 Church Street, Bowral be advised t hat it is the

recommendation of Council that Option 1 as detailed in the Arborist Report prepared by Paul D’Hondt of Summit Tree Services da ted 14 March 2011 (which was circulated under separate cover) be adopted.

PASSED In accordance with the Local Government Act (section 375A – Recording of voting on planning matters) Council must record the Councillor’s vote in relation to this matter.


Clr J G Arkwright x Clr J R Clark x Clr T D Gair x Clr K Halstead A Clr G McLaughlin x Clr J Mauger x Clr D Stranger x Clr P B Tuddenham A Clr L A C Whipper x


o-EP10 Legal Issues

REF: DEP 107/22

Reporting on the management of legal and compliance issues in the past month. MN 84/11 MOTION moved by Clr G McLaughlin and seconded by Clr T D Gair: 1. THAT information relating to ongoing legal cases be rec eived and noted. 2. THAT the Development and Building Services Compliance r egister,

Environment and Health Ranger Court register and le gal cost information be received and noted.

PASSED

CHAIRPERSON At this juncture, the time being 7.03 pm, the Mayor, Clr K Halstead, resumed the Chair to conduct the remainder of Council Business.

MINUTES OF THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 23 March 2011 REPORT OF DIRECTOR CORPORATE SERVICES

CORPORATE SERVICES DIVISION

o-CS1 Investments as at 28 February 2011

REF: FSM 2104

Submitting details of Council's Investments as at 28 February 2011. Clr L A C Whipper resumed the Chair. The Director Corporate Services addressed Council on this matter. MN 85/11 MOTION moved by Clr J G Arkwright and seconded by Clr T D Gair: THAT the information on Council’s investments as at 28 February 2011 be received and noted. PASSED

CHAIRPERSON At this juncture, the time being 7.08 pm, the Mayor, Clr K Halstead, resumed the Chair to conduct the remainder of Council Business.



INFRASTRUCTURE SERVICES DIVISION

o-IS1 Indoor Aquatic Strategy Working Group

REF: DIS 7181/2.2

Reporting on latest meeting outcomes of the Indoor Aquatic Strategy Working Group. The Director Infrastructure Services addressed Council on this matter. MN 86/11 MOTION moved by Clr L A C Whipper and seconded by Clr D Stranger: THAT in relation to the Indoor Aquatic Strategy Working Group, the following recommendations numbered 1 to 3 be adopted: 1. THAT after careful consideration and evaluation by the Indoor Aquatic Strategy

Working Group (“the Working Group”), Moss Vale Swim ming Centre be chosen as the preferred site for development of an Indoor Aquatic Centre.

2. THAT Mr Stephen Johansson, of Facility Design Group, pr epare a Concept

Proposal including Scope and Pricing for the buildi ng of an Indoor Aquatic Centre at the current Moss Vale Swimming Site to go to Council during May 2011.

3. THAT a report in relation to the Indoor Aquatic Facilit y Project (“the Project”)

be prepared, in conjunction with the Working Group, detailing the scope, description and costings for the Project AND THAT this report be submitted to a future Ordinary Meeting of the Council.

PASSED


REPORT OF THE GENERAL MANAGER

COUNCIL MATTERS

GENERAL MANAGER’S REPORTS

c-GM1 Staff Matter

REF: Mayor PERS

Reporting on Senior Staff Performance Assessment. MN 87/11 MOTION moved by Clr L A C Whipper and seconded by Clr J R Clark: THAT the information contained in the report in relatio n to a Staff Matter be received and noted AND THAT the report be considered in Closed Committee (refe r Item c-GM2). PASSED


QUESTIONS WITH NOTICE


c-QWN1 02/11 – Response To Enquiries

REF: GM 101/2

To: General Manager, Mr Jason Gordon From: Clr Jim Mauger Received: 15 March 2011 Subject: Response to Enquiries The General Manager addressed Council on this matter and advised in relation to the number of enquiries received by Council through mail, email from external sources and incoming telephone calls through the switch. Question : 1. Can the General Manager give an assurance that a ll enquiries to Council are being

acknowledged and responded to within the timelines prescribed in his performance agreement? If this level of service is not being achieved can an explanation be provided, why not?

Comment from General Manager Council has a procedure in place that requires a response to correspondence that requires an action. If the correspondence is in the form of a thank-you letter or advising of an action that council is being requested to undertake, then an acknowledgment letter is not sent. In this regard council has a ten (10) day turn around on acknowledgement letters. Further, each Monday of the week council’s Information Management team Leader undertakes a report in proclaim for “overdue tasks” and this is forwarded to the three directors for their information. Overdue tasks are also noted at Directors meetings to ensure compliance with correspondence. I also advise that providing “an assurance to council that all enquires to council are being acknowledged and responded to within the time lines prescribed in my performance agreement” is not a Key Performance Indicator in my Performance Agreement. The question requests an assurance that “all enquiries to Council are being acknowledged” and as councillors would be aware enquiries come to council in various forms and to provide such an assurance for that would be an unreasonable request of any General Manager of a council not only in NSW but Australia. As Councillors are aware Council’s Customer service to the community is continually under review and is a major consideration in the current restructure. Any improvements to Council’s customer service are ongoing.

……Cont’d



……Cont’d MN 88/11 MOTION moved by Clr J R Clark and seconded by Clr J G Arkwright: THAT the information in relation to Response to Enquiri es be noted. PASSED

EXTENSION OF TIME MN 89/11 MOTION moved by Clr L A C Whipper and seconded by Clr T D Gair: THAT in accordance with Council’s Code of Meeting Pract ice, Council approves an extension of time to 8.00 pm . PASSED



c-QWN2 02/11 – Footpath Extension to High Street, R obertson

REF: GM 101/2

To: General Manager, Mr Jason Gordon From: Clr Jim Mauger Received: 15 March 2011 Subject: Footpath extension to High Street, Roberts on The General Manager addressed Council on this matter. Question : 1. Will the commitment of Council to extend the Caa long Street footpath to High

Street before any construction of the Robertson Sew erage Scheme commences be honoured?

Comment from Director Infrastructure Services Council's resolution of 19 March 2003, to select the preferred option for the scheme, included the following part: "That adequate pedestrian access along Caalong Street be in place prior to construction." A footpath has been constructed in the section of Caalong Street from Caalong Creek to May Street, where pedestrian access is most constrained. The requirements of Council's resolution has been satisfied.

MN 90/11 MOTION moved by Clr J Mauger and seconded by Clr K Halstead: THAT the information in relation to the Footpath Extens ion to High Street, Robertson be noted AND THAT a further report be brought back to Council clarif ying the position with respect to the extension of the footpath. PASSED

MINUTES OF THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 23 March 2011 COMMITTEE REPORTS

COMMITTEE REPORTS TABLED

c-CR1 Management and Advisory Committee Reports

REF: MSCD 107/1

Submitting minutes of four (4) Committee meetings that will be tabled for information. MN 91/11 MOTION moved by Clr T D Gair and seconded by Clr J G Arkwright: THAT the information contained in the following Committ ee Reports be noted: 1. Wingello Mechanics Institute Management Committe e held Wednesday

3 November 2010. 2. Yerrinbool Hall Committee Monday 15 November 201 0. 3. Mittagong Memorial Hall Management Committee hel d Thursday 3 February

2011. 4. Mittagong Community Centre Management Committee held Friday 11 February

2011. 5. Exeter Park Management Committee held Monday 14 February 2011. 6. Moss Vale Senior Citizens and Community Centre M anagement Committee held

Monday 21 February 2011. 7. East Bowral Community Centre Management Committe e held Tuesday,

22 February 2011. PASSED


COMMITTEE REPORTS ATTACHED

c-CR2 Minutes of the Wingecarribee Aboriginal Liais on Committee

REF: ALO, MFS 1826/4

Submitting minutes of the Wingecarribee Aboriginal Liaison Committee held on Monday, 14 February 2011. Clr L A C Whipper noted that in relation to Item 11 – Update NAIDOC 2011 - there will be a Regional Event and that there are some issues surrounding funding for that event, and given that the Committee has not had an increase in budget, he asked if this can be brought to a budget session for discussion. The General Manager advised that this matter can be considered at Council’s Budget Review for the quarter ending 31 March 2011. MN 92/11 MOTION moved by Clr L A C Whipper and seconded by Clr T D Gair: THAT the recommendations as detailed in the minutes of the Wingecarribee Aboriginal Liaison Committee held on Monday, 14 Feb ruary 2011 be adopted. PASSED

c-CR3 Minutes of the Community Services Advisory Co mmittee

REF: MSCD 1800/17

Submitting minutes of the Community Services Advisory Committee held on Monday, 7 February 2010. MN 93/11 MOTION moved by Clr J R Clark and seconded by Clr L A C Whipper: THAT the recommendations and actions as detailed in the minutes of the Community Services Advisory Committee held on Monday, 7 Febru ary 2010 be adopted. PASSED


c-CR4 Minutes of the Traffic Committee

REF: TE 107/6

Submitting minutes of the Traffic Committee held on Friday, 4 March 2011.

Interest : Clr G McLaughlin declared a non-pecuniary interest in Item 8 of the Traffic Committee Minutes – Heavy Vehicle Movements in Medway – as he works for Boral Cement at Berrima. He stated that he would remain in the Chamber, take part in the debate and vote thereon. MN 94 /11 MOTION moved by Clr T D Gair and seconded by Clr L A C Whipper: THAT the recommendations Nos TC 01/11 to TC 32/11 as de tailed in the minutes of the Traffic Committee held on Friday, 4 March 2011 be a dopted, with the exception of Item 8 – Heavy Vehicle Movements On Medway Road and Item 31 - Date Of The Next Traffic Committee Meeting. PASSED 1. ITEM 8 – HEAVY VEHICLE MOVEMENTS ON MEDWAY ROAD 7400, 7301/1

Clr T D Gair requested that Item 8 – Heavy Vehicle Movements on Medway road be deferred pending an inspection by Councillors. MN 95/11 MOTION moved by Clr T D Gair and seconded by Clr L A C Whipper: THAT Item 8 – Heavy Vehicle Movements on Medway Road - be deferred pending an inspection by Councillors and appropriate Council s taff AND THAT following the inspection, further consultation be undertaken with the community and Boral. PASSED 2. ITEM 31 – DATE OF THE NEXT TRAFFIC COMMITTEE MEETING 107/6 The Mayor Clr K Halstead advised that the Police are unable to attend the next Traffic Committee Meeting on Friday, 13 May 2011 at 9.30 am and had requested that the meeting be scheduled for Friday, 6 May 2011 at 9.30 am. MN 96/11 MOTION moved by Clr G McLaughlin and seconded by Clr K Halstead: THAT the next meeting of the Traffic Committee be held in the Joadja Room at 9.30 am on Friday, 6 May 2011. PASSED

MINUTES OF THE ORDINARY MEETING OF COUNCIL held in the Council Chamber, Civic Centre, Elizabeth Street, Moss Vale on Wednesday, 23 March 2011 GENERAL BUSINESS

GENERAL BUSINESS

1. REMOVAL OF TREES IN CUNNINGHAM PARK, SUTTON FOREST 6810/16, 6800/6 Clr J G Arkwright asked about a question she had raised on 23 February 2011 in relation to the removal of trees at Cunningham Park, noting that she had not received a response. The General Manager advised that the matter has been handed to the Police and that the Police have taken preliminary statements. He advised that Council has commenced its own internal investigations but that he has received a legal threat this week which indicated that Council caused the problem. He advised that it will be quite a protracted matter. 2. USE OF THE BOWRAL MEMORIAL HALL 7225/2 Clr L A C Whipper asked if Council would accept the thanks of the Editor of the Southern Highland for the hire of Bowral Memorial Hall on Monday, 21 March 2011 for a candidate’s debate relating to the NSW State Election. The Mayor Clr K Halstead advised that the thank you was received and noted. 3. MISSING LINK IN FOOTPATH 7810/5, 6690/10 Clr J R Clark asked about the “missing link” on the eastern side of the footpath from Woolworths at Mittagong to Mittagong township. He asked if this can be included on a future list of footpaths, requesting that in the short-term the kerbside area that has been newly created be filled in to replace the boulders.

The Mayor Clr K Halstead advised that this question will be taken on notice.


REPORT OF GENERAL MANAGER

CLOSED COUNCIL

GENERAL MANAGER

cc-GM1 Closed Council

REF: GM 107/9

To consider moving into Closed Council. At this juncture, the time being 7.56 pm, pursuant to section 10A(4), the Mayor offered the opportunity to members of the public to make representations to Council as to whether any items of the Closed Council should not be considered in Closed Council. This information would, if disclosed, prejudice the maintenance of the law, AND THAT the press and public be excluded from Closed Council as it is the opinion of the General Manager that publication of the proceedings would be prejudicial to the public interest by reason of the confidential nature of the business to be transacted. No objections were received from the members of the public. MN 97/11 MOTION moved by Clr J G Arkwright and seconded by Clr T D Gair: 1. THAT Council moves into Closed Council in accordance wi th the requirements

of Section 10 of the Local Government Act 1993 as a ddressed below to consider the following reports: c-GM1 LEGAL ISSUES 107/22 Relevant Legal Provisions This report is referred to Closed Committee under C lause 10A (2)(a) and Clause 10A 2(g) of the Local Government Act, 1993, as it c ontains personnel matters concerning particular individuals and advice concer ning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege. Brief Description Reporting on legal issues arising in the month of J anuary 2011. Public Interest It would on balance be contrary to the public inter est to consider this information in Open Council because it contains per sonnel matters concerning particular individuals and advice concerning litiga tion, or advice that would otherwise be privileged from production in legal pr oceedings on the grounds of legal professional privilege.

……Cont’d


REPORT OF GENERAL MANAGER

……Cont’d

c-GM2 STAFF MATTER PERS

Relevant Legal Provisions This matter has been placed in Closed Council as it deals with personnel matters under Section 10A(2)(a) of the Local Govern ment Act. Brief Description This report deals with a Senior Staff Performance R eview. Public Interest It would on balance be contrary to the public inter est to consider this information in Open Council because of privacy cons iderations.

2. THAT the minutes of the Closed Council part of the meet ing (being the Council’s resolution) be made public.

PASSED


CLOSED COUNCIL

c-GM1 Legal Issues

REF: DEP 107/22 This matter was dealt with earlier in the Meeting (refer M/N 84/11).


c-GM2 Staff Matter

REF: GM PERS

CC 12/11 The Committee on a MOTION moved by Clr L A C Whipper and seconded by Clr J G Arkwright RECOMMENDED: 1. THAT Council notes the report of the General Manager’s Performance Review

Committee (“PRC”). 2. THAT Council notes and supports the finding of the Comm ittee on the General

Manager’s performance from commencement of duties i n 2009:

“Overall, the PRC rated the General Manager’s perfo rmance as meeting most expectations and exceeding expectations in a r ange of areas. He has exceeded the 80% benchmark as provided for in t he performance agreement. This is a very pleasing result and the Committee congratulates the General Manager on his early perf ormance in the position. Having regard for that performance, and the level of performance expected in the next (6) months the Cou ncil consider applying a 3 % performance increase to the total re muneration package as from 1 July 2011.”

PASSED


FULL COUNCIL

107/10 MN 98/11 MOTION moved by Clr T D Gair and seconded by Clr G McLaughlin: THAT Council moves back into Full Council. PASSED No members of the public were present in the Chamber.

ADOPTION OF CLOSED COUNCIL

107/9 MN 99/11 MOTION moved by Clr T D Gair and seconded by Clr G McLaughlin: THAT the recommendations of the Closed Council held on Wednesday, 23 March 2011 being CC 12/11 be adopted. PASSED

ADOPTION OF OPEN COUNCIL

107/10 MN 100/11 MOTION moved by Clr T D Gair seconded by Clr G McLaughlin: THAT the recommendations of the Open Council held on We dnesday, 23 March 2011 being OC 39/11 to OC 46/11, be adopted. PASSED


THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 8.10 PM In accordance with the provisions of Section 375(2) of the Local Government Act, these Minutes of the Ordinary Council Meeting held Wednesday, 23 March 2011 numbered M/N 75/11 to M/N 100/11, were signed by me hereunder at the Council Meeting held on Wednesday, 13 April 2011. CHAIRMAN READ AND CONFIRMED ON WEDNESDAY, 13 APRIL 2011

CHAIRMAN PUBLIC OFFICER

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