minutes of ordinary meeting of council - 14 august 2019 · minutes of the ordinary meeting of...

MINUTES

of the

Ordinary Meeting of Council held in

Council Chambers Civic Centre, Elizabeth Street, Moss Vale

on

Wednesday 14 August 2019 Wednesday 31

The meeting commenced at 3.30pm

File No. 100/2019

MINUTES OF THE ORDINARY MEETING OF COUNCIL Wednesday 14 August 2019

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1. OPENING OF THE MEETING

2. ACKNOWLEDGEMENT OF COUNTRY

3. PRAYER

4. APOLOGIES Clr G Markwart

5. ADOPTION OF MINUTES OF PREVIOUS MEETING Ordinary Meeting of Council held on 24 July 2019

6. DECLARATIONS OF INTEREST ..................................................................... 2

7. MAYORAL MINUTES ....................................................................................... 3 7.1 Review of State Government Grant Funding Distribution to Local

Government ............................................................................................. 3 7.2 NSW State Government Announcement of Reversal of Increase in

Emergency Service Levy ......................................................................... 4

8. PUBLIC FORUM ............................................................................................... 5

9. VISITOR MATTERS .......................................................................................... 5

OPERATIONS Nil CORPORATE AND STRATEGY 9.1 DA 17/1679.01 - S.8.2 Review of Refused Boarding House

Development - 2 Walker Street, Bowral ................................................... 6

10. EN BLOC MOTION ........................................................................................... 7

11. OPERATIONS FINANCE AND RISK ............................................................... 8 11.1 Operation of the Shire's Public Swimming Centres for 2019/20 Pool

Season ..................................................................................................... 8 11.2 Proposed Licence Agreement to Big Fat Smile Group Ltd - Part

Burgess Street, Bundanoon ..................................................................... 9 11.3 Proposed Licence Agreement to The Good Yarn Incorporated - Front

Shop at Part 1-3 Railway Avenue, Bundanoon ...................................... 10 11.4 Tender for Construction of Two Bridges - Meryla, NSW ........................ 11

12. CORPORATE STRATEGY AND DEVELOPMENT SERVICES ..................... 12 12.1 Development Applications Determined from 27 June 2019 to 29 July

2019 ....................................................................................................... 12 12.2 Development Applications Received from 27 June 2019 to 29 July

2019 ....................................................................................................... 13 12.3 DA17/1713 - Multi Dwelling Housing Development - 19-21 Sheffield

Road, Bowral .......................................................................................... 14


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12.4 Amend the Provisions for Seniors Housing Controls in the Township and Village Development Control Plans ................................................. 15

12.5 Heritage Assessment of 'Rochester Park', 102-104 Old Wingello Road, Bundanoon—Interim Heritage Order No. 10 ............................... 16

12.6 Adoption of Swimming Pool Barrier Policy ............................................. 19 12.7 Draft Garden World Voluntary Planning Agreement .............................. 20 12.8 Appointment of Community Representatives to the Heritage Advisory

Committee .............................................................................................. 21 12.9 Motions for Local Government NSW Annual Conference 2019 ............. 22 12.10 Draft Agency Information Guide ............................................................. 23

13. GENERAL MANAGER ................................................................................... 24 Nil

14. DELEGATE REPORTS .................................................................................. 25

15. PETITIONS ..................................................................................................... 25 Nil

16. COMMITTEE REPORTS ................................................................................ 26 16.1 Management and Advisory Committee Reports .................................... 26 16.2 Minutes of the Traffic Committee Meeting 16 July 2019 ........................ 27

17. QUESTIONS WITH NOTICE........................................................................... 28 Nil

18. NOTICES OF MOTION ................................................................................... 29 18.1 Notice of Rescission of Motion 5/2019 - 10 Frankland Street, Bowral ... 29 18.2 Notice of Rescission of Motion 4/2019 - Illawarra Academy of Sport .... 30 18.3 Notice of Motion 22/2019 - Station Street Upgrade - Update in

Finance Committee ................................................................................ 31 18.4 Notice of Motion 23/2019 - Clean up and Rubbish Removal of

Station Street, Bowral ............................................................................ 32 18.5 Notice of Motion 24/2019 - Civic Prayer ................................................. 33 18.6 Notice of Motion 25/2019 - 5G Telstra Network ..................................... 35 18.7 Notice of Motion 26/2019 - Milton Park .................................................. 36 18.8 Notice of Motion 27/2019 - Glebe Estate ............................................... 37 18.9 Notice of Motion 28/2019 - Mary Street, Mittagong ................................ 38 18.10 Notice of Motion 29/2019 - Mary Street, Mittagong Arborist .................. 39 18.11 Notice of Motion 30/2019 - Development Applications Briefing

Session .................................................................................................. 40 18.12 Notice of Motion 31/2019 - Vegetation Clearing Permit Applications

under the SEPP (Vegetation in Non Rural Areas 2017) Briefing session ................................................................................................... 41

18.13 Notice of Motion 32/2019 - Station Street Bowral, Upgrade Spreadsheet ........................................................................................... 42


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19. CLOSED COUNCIL ........................................................................................ 43

MOVING INTO CLOSED SESSION ......................................................................... 43 19.1 Tender for Construction of Two Bridges - Meryla NSW ......................... 43

20. MEETING CLOSURE ..................................................................................... 44


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MINUTES OF THE ORDINARY MEETINGOF WINGECARRIBEE SHIRE COUNCIL HELD IN COUNCIL CHAMBERS, CIVIC CENTRE, ELIZABETH STREET, MOSS VALE ON WEDNESDAY 14 AUGUST 2019 COMMENCING AT 3.30PM Present: Clr T D Gair (Mayor) Clr G J Andrews Clr K J Halstead

Clr G McLaughlin Clr P W Nelson Clr I M Scandrett Clr G M Turland Clr L A C Whipper

In Attendance: General Manager Ms Ann Prendergast

Deputy General Manager Operations, Finance and Risk Mr Barry W Paull Deputy General Manager Corporate Strategy and Development Services Mr Mark Pepping Group Manager Corporate and Community Ms Danielle Lidgard Group Manager Planning, Development and Regulatory Services Mr Nicholas Wilton Chief Financial Officer Mr Richard Mooney Coordinator Strategic Land Use Planning Mr Michael Park (in part) Coordinator Media and Communications Mr David Sommers Administration Officer Ms Michelle Richardson

1. OPENING OF THE MEETING The Mayor Clr T D Gair opened the meeting and welcomed members of the public and the press.

2. ACKNOWLEDGEMENT OF COUNTRY Clr Nelson acknowledged country: “I would like to acknowledge the Traditional Custodians of this land and pay my respect to Elders both past and present. I would also like to extend that respect to all Aboriginal and Torres Strait Islanders present here today.”

3. PRAYER The meeting was led in prayer by Reverend McPherson of Mittagong Presbyterian Church.


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4. APOLOGY PERS

MN 369/19 MOTION moved by Clr P W Nelson and seconded by Clr I M Scandrett THAT apologies be received from Councillor G Markwart and leave of absence be granted. PASSED

5. CONFIRMATION OF MINUTES 100/1

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY 24 JULY 2019

MN 370/19 MOTION moved by Clr I M Scandrett and seconded by Clr G McLaughlin THAT the minutes of the Ordinary Meeting of Council held on Wednesday 24 July 2019 MN 344/19 to MN 368/19 inclusive, copies of which were forwarded to Councillors, be adopted as a correct record of the proceedings of the meeting. PASSED

6. DECLARATIONS OF INTEREST 101/3, 101/3.1

That where necessary any Councillor now disclose any interest and the reason for declaring such interest in the matters under consideration by Council at this Meeting and to complete the appropriate form to be handed up at the Meeting. There were no declarations of interest declared. .


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7. MAYORAL MINUTES

7.1 Review of State Government Grant Funding Distribution to Local Government

Reference: 105 2151 Report Author: PA for Mayor Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan:

MN 371/19 MOTION moved by Mayor Clr T D Gair and seconded by Clr G McLaughlin 1. THAT Council submit a motion to the LGNSW Local Government Conference

requesting that the NSW State Government review the methodology used when determining the level of funding which is distributed to councils AND THAT councils be invited to be part of the review process.

2. THAT the State Government consider an annual allocation of funding to all councils across the State to reduce the complexity of funding programs AND THAT this annual allocation should take into consideration the size, population and infrastructure requirements of each Council.

PASSED


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7.2 NSW State Government Announcement of Reversal of Increase in Emergency Service Levy

Reference: 6310 Report Author: PA for Mayor Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan:

PURPOSE It was very pleasing to receive news yesterday that the NSW State Government had agreed to a policy reversal which would result in the removal of the significant increase in emergency services levy for the 2019/20 financial year. Our Council was one of many councils across the state that lodged a formal protest to the timing of the announcement by the NSW State Government in May 2019, that there would be an initial increase of almost $14 million in the Emergency Services Levy to paid by councils across NSW. This announcement came after most councils had locked in their budgets for the 2019/20 financial year. The impact on our budget was that an additional $123,000 would need to be found during the year to cover this increase. Our Council took the unusual step of adopting a budget deficit, as it was important to demonstrate to the NSW State Government that it needed to improve its engagement and communication with councils and to also understand that councils could not absorb such significant increases without proper consultation and notification. I was also very pleased to hear our Local Member for Goulburn Wendy Tuckerman state that the NSW State Government had “listened to the concerns of local councils and will continue to consult with them to better manage the impacts of the emergency services levy especially on their annual budgeting cycles”. Council will continue to contribute 11.7% of the total cost of emergency services provided throughout the Wingecarribee Local Government Area. For the 2019/20 financial year, this will amount to a contribution of $747,000. MN 372/19 MOTION moved by Mayor Clr T D Gair and seconded by Clr I M Scandrett 1. THAT the Mayor write to the NSW State Premier and Minister for Local

Government thanking the NSW Government for listening to local Councils and acting on the financial implications of the proposed Emergency Levy.

2. THAT a letter of acknowledgement be written to Local Government NSW

thanking them for advocating on behalf of all Councils across the state. PASSED


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8. PUBLIC FORUM Item 18.7 Notice of Motion 26/2019 - Milton Park 100/13 Ms Karen Mitchell addressed Council in relation to this matter

100/13 17/1713 Item 12.3 DA17/1713 - Multi Dwelling Housing Development - 19-21 Sheffield Road, Bowral Mr John Hewer addressed Council in in relation to this matter

100/13 RD3166 Item 18.9 Notice of Motion 28/2019 - Mary Street, Mittagong Mr Brian Smith addressed Council in relation to this matter

9. VISITOR MATTERS OPERATIONS Nil


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CORPORATE AND STRATEGY

9.1 DA 17/1679.01 - S.8.2 Review of Refused Boarding House Development - 2 Walker Street, Bowral

Reference: 17/1679.01 Report Author: Development Assessment Planner Authoriser: Group Manager Planning, Development and Regulatory

Services Applicant: Martin O'Toole Architects Owner: KND Nominees PTY LTD Link to Community Strategic Plan: Identify and protect the unique characteristics of towns and

villages to retain a sense of place

PURPOSE The purpose of this report is to consider S.8.2 review application 17/1679.01, being a review of Development Application 17/1679 which refused a proposed boarding house at Lot 2 DP 625407, being 2 Walker Street Bowral. This report is prepared for determination and recommends REFUSAL for reasons contained in Attachment 1.

VOTING ON THE MOTION Councillors are required to record their votes on this matter. Ms Sonja Carnevale addressed Council in relation to this item Mr Andrew Lowden addressed Council in relation to this item The Group Manager Planning, Development and Regulatory Services addressed Council in relation to this item MN 373/19 MOTION moved by Deputy Mayor G M Turland and seconded by Clr G McLaughlin THAT review of determination Application 17/1679.01 under s. 8.2 of the Environmental Planning and Assessment Act for a proposed Boarding House at Lot 2 DP 625407, No 2 Walker Street, Bowral be DEFERRED to enable the applicant and staff to continue to seek ways to amend the proposal to comply with planning requirements such as pedestrian footpaths to the Argyle Laneway; carparking and overshadowing. PASSED VOTING ON THE MOTION For the motion: Clr G J Andrews, Mayor Clr T D Gair, Clr K J Halstead, Clr G

McLaughlin, Clr P W Nelson, Clr I M Scandrett, Deputy Mayor G M Turland and Clr L A C Whipper

Against the motion: Nil


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10. EN BLOC MOTION There was no En Bloc Motion at this Meeting.


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11. OPERATIONS FINANCE AND RISK

11.1 Operation of the Shire's Public Swimming Centres for 2019/20 Pool Season

Reference: 6700/4 Report Author: Pools and Facilities Supervisor Authoriser: Manager Open Space, Recreation and Building Maintenance Link to Community Strategic Plan: Plan and deliver appropriate and accessible local services

for the community

PURPOSE The purpose of this report is for Council to consider recommendations for the operation for the Shire’s public swimming centres for the 2019/20 pool season. MN 374/19 MOTION moved by Clr P W Nelson and seconded by Clr K J Halstead

1. THAT Council approve the seasonal duration and operational hours and reasons for variation of those hours as outlined in the report.

2. THAT the pool season duration and operational hours will be actively promoted to the community.

PASSED


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11.2 Proposed Licence Agreement to Big Fat Smile Group Ltd - Part Burgess Street, Bundanoon

Reference: PN279500 Report Author: Property and Project Officer Authoriser: Chief Financial Officer Link to Community Strategic Plan: Effective financial and asset management ensure Council's

long term sustainability

PURPOSE The purpose of this report is to seek Council approval to issue a Licence Agreement to Big Fat Smile Group Ltd for the occupation of part Council owned land adjoining the Bundanoon District Preschool site for the purpose of constructing a chicken coop and permaculture garden. MN 375/19 MOTION moved by Clr I M Scandrett and seconded by Clr L A C Whipper 1. THAT a Licence Agreement be offered to Big Fat Smile Group Ltd for occupation

of part Burgess Street, Bundanoon adjoining the Bundanoon preschool for a term of seventeen (17) years.

2. THAT the General Manager and Mayor be delegated authority to execute the Licence Agreement under the Common Seal of Council (if required).

PASSED


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11.3 Proposed Licence Agreement to The Good Yarn Incorporated - Front Shop at Part 1-3 Railway Avenue, Bundanoon

Reference: PN1221000 Report Author: Property and Project Officer Authoriser: Chief Financial Officer Link to Community Strategic Plan: Effective financial and asset management ensure Council's

long term sustainability

PURPOSE The purpose of this report is to seek Council approval to issue a Licence Agreement to The Good Yarn Incorporated for the continued occupation of part Council owned land known as the shop-front at 1-3 Railway Avenue, Bundanoon. MN 376/19 MOTION moved by Clr I M Scandrett and seconded by Clr G McLaughlin 1. THAT Council enter into a five (5) year Licence Agreement of operational

property being Part of 1-3 Railway Avenue, Bundanoon, being the shop-front premises (excluding the Bundanoon Memorial Hall), to The Bundanoon Good Yarn Incorporated, a registered charity, noting:

a. that General Manager be delegated authority to negotiate the terms of the

Licence Agreement,

b. that 10% of the annual licence fees paid are retained by Council to cover administrative costs and that the balance of the annual licence fees paid be donated by Council to Bundanoon Community Association Incorporated.

2. THAT the General Manager and Mayor be delegated authority to execute the

Licence Agreement under the Common Seal of the Council. PASSED


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11.4 Tender for Construction of Two Bridges - Meryla, NSW

Reference: 6330/19.15 Report Author: Project Manager Authoriser: Group Manager Capital Projects Link to Community Strategic Plan: Work in partnership to ensure a safe road network

PURPOSE The purpose of this report is to present the evaluation of the Request for Tender for the Construction of Two Bridges – Meryla NSW. MN 377/19 MOTION moved by Clr G McLaughlin and seconded by Deputy Mayor G M Turland

1. THAT in relation to the report concerning Construction of Two Bridges – Meryla NSW Council adopts the recommendations contained within the Closed Council report – Item 19.1.

2. THAT Council accepts the tender from Kenpass Pty Ltd at a lump sum price of $1,234,575.00 (excl GST) to undertake Construction of Two Bridges – Meryla, NSW.

PASSED


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12. CORPORATE STRATEGY AND DEVELOPMENT SERVICES

12.1 Development Applications Determined from 27 June 2019 to 29 July 2019

Reference: 5302 Report Author: Team Leader Business Support Authoriser: Group Manager Planning, Development and Regulatory

Services Link to Community Strategic Plan: Provide a mixture of housing types that allow residents to

meet their housing needs at different stages of their lives and support affordable living

PURPOSE The purpose of this report is to update Councillors on Development Applications Determined for the period 26 June 2019 to 29 July 2019. MN 378/19 MOTION moved by Clr G McLaughlin and seconded by Clr G J Andrews THAT the information relating to the lists of Development Applications Determined for the period 27 June 2019 to 29 July 2019 be received and noted. PASSED


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12.2 Development Applications Received from 27 June 2019 to 29 July 2019

Reference: 5302

Report Author: Team Leader Business Support Authoriser: Group Manager Planning, Development and Regulatory

Services Link to Community Strategic Plan: Effective and efficient Council service delivery is provided

within a framework that puts the customer first

PURPOSE The purpose of this report is to update Councillors and Development Applications Received in the period of 27 June 2019 to 29 July 2019. The Group Manager Planning, Development and Regulatory Services addressed Council in relation to this item MN 379/19 MOTION moved by Deputy Mayor G M Turland and seconded by Clr G McLaughlin

1. THAT the information relating to Development Applications Received from 27 June 2019 to 29 July 2019 be received and noted.

2. THAT the following items be reported to Council: a) Item 8 – DA 17/1822.04 - 2-18 Centennial Road, Bowral NSW 2576, Lots

1-2 DP 1101892; b) Item 13 - DA 20/0043 - 2-18 Centennial Road, Bowral NSW 2576 Lots 1-2

DP 1101892 and c) Item 81 - DA20/0074 - Charity 278 Golden Vale Road Sutton Forest NSW

2577 Lot 1 DP 1118652. 3. THAT the following items be included as a weekly circular:

a) Item 74 – DA 20/0079 - 69 Mary Street, Renwick NSW 2575 Lot 103 DP 1240439 and

b) Item 11 -DA 20/0029 - Hopewood Farm 241 Centennial Road Bowral NSW 2576 Lot 1 DP 1128259Lot 2 DP 1128259 Lot 3 DP 1128259.

PASSED


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12.3 DA17/1713 - Multi Dwelling Housing Development - 19-21 Sheffield Road, Bowral

Reference: DA17/1713 Report Author: Development Assessment Planner Authoriser: Group Manager Planning, Development and Regulatory

Services Applicant: Coble Stephens Architects P/L Owner: Sunny Creek Pty Ltd Link to Community Strategic Plan: Conserve the key natural resources of the Shire and

minimise the impact from development

PURPOSE The purpose of this report is to consider Development Application 17/1713 which seeks approval at Lots G and H DP21613, 19-21 Sheffield Road Bowral, for a Multi Dwelling Housing Development involving the demolition of two (2) existing dwellings at 19-21 Sheffield Road and construction of eight (8) double storey dwellings over Lots G and H DP21613. The report is prepared for determination and recommends APPROVAL.

VOTING ON THE MOTION Councillors are required to record their votes on this matter. The Group Manager Planning, Development and Regulatory Services addressed council in relation to this item MN 380/19 MOTION moved by Clr G J Andrews and seconded by Deputy Mayor G M Turland THAT Development Application 17/1713 for Multi Dwelling Housing over Lots G and H DP21613 at 19-21 Sheffield Road Bowral involving the demolition of existing dwellings at 19 and 21 Sheffield Road and construction of eight double storey dwellings over Lots G and H DP21613 be APPROVED subject to conditions as described in Attachment 1 to the report. PASSED VOTING ON THE MOTION For the motion: Clr G J Andrews, Mayor Clr T D Gair, Clr K J Halstead, Clr G




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12.4 Amend the Provisions for Seniors Housing Controls in the Township and Village Development Control Plans

Reference: 5700 Report Author: Senior Strategic Land Use Planner Authoriser: Coordinator Strategic Land Use Planning Link to Community Strategic Plan: Provide a mixture of housing types that allow residents to

meet their housing needs at different stages of their lives and support affordable living

PURPOSE The purpose of this report is to seek a resolution of Council to exhibit draft Seniors Housing provisions to amend the Township and Villages Development Control Plans.

VOTING ON THE MOTION Councillors are required to record their votes on this matter. The Coordinator Strategic Land Use Planning addressed Council in relation to this item MN 381/19 MOTION moved by Clr I M Scandrett and seconded by Clr P W Nelson THAT the draft Development Control Plan amendment accompanying this report relating to Seniors Housing be placed on public exhibition. PASSED VOTING ON THE MOTION For the motion: Clr G J Andrews, Mayor Clr T D Gair, Clr K J Halstead, Clr G




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12.5 Heritage Assessment of 'Rochester Park', 102-104 Old Wingello Road, Bundanoon—Interim Heritage Order No. 10

Reference: PN 1812170, 5650/9, 19/1088 Report Author: Strategic Land Use Planner - Heritage Projects Authoriser: Coordinator Strategic Land Use Planning Link to Community Strategic Plan: Identify, protect and promote places of significant cultural

heritage

PURPOSE The purpose of this report is for Council to consider a heritage assessment of 102-104 Old Wingello Road, Bundanoon, which is the subject of a current Interim Heritage Order (IHO No. 10) issued under delegation by Council. Should Council support the heritage assessment and the recommendation of this report, a Planning Proposal would be prepared to effect the heritage listing through an amendment to the Wingecarribee Local Environmental Plan 2010. The Deputy General Manager Corporate Strategy and Development Services addressed Council on this item Clr I M Scandrett left the chambers, the time being 04:48pm. Clr I M Scandrett returned to the meeting, the time being 04:50pm.

VOTING ON THE MOTION Councillors are required to record their votes on this matter.


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MN 382/19 MOTION moved by Clr G McLaughlin and seconded by Clr I M Scandrett 1. THAT Council supports the proposed heritage listing of ‘Rochester Park’ house

and garden” at 102-104 Old Wingello Road, Bundanoon, comprising Lot 32 DP 1205423.

2. THAT Council supports the proposed change in minimum lot size of ‘Rochester Park’ from 700m2 to 1 hectare (ha).

3. THAT a Planning Proposal be prepared under section 3.33 of the Environmental Planning & Assessment Act 1979 to amend Schedule 5 of the Wingecarribee Local Environmental Plan 2010 and the Heritage Map to add “‘Rochester Park’ house and garden” at Lot 32 DP 1205423 as a new heritage item and to amend the Minimum Lot Size map in relation to Lot 32 DP 1205423 from 700m2 to 1ha.

4. THAT the Planning Proposal be sent to the Department of Planning, Industry and Environment with a request for a Gateway Determination in accordance with section 3.34 of the Environmental Planning & Assessment Act 1979.

5. THAT Council staff consult with Government stakeholders and engage with the community on the Planning Proposal in the manner prescribed in the Gateway Determination.

6. THAT Council consider a report after the conclusion of consultation and community engagement on the Planning Proposal.

7. THAT Interim Heritage Order No. 10 is extended until 22 February 2020 to allow for the preparation and processing of the Planning Proposal.

8. THAT the property owner and objectors to the development application (DA 19/1088) be advised of Council’s decision.

PASSED VOTING ON THE MOTION For the motion: Mayor Clr T D Gair, Clr K J Halstead, Clr G McLaughlin, Clr P

W Nelson, Clr I M Scandrett and Clr L A C Whipper Against the motion: Clr G J Andrews and Deputy Mayor G M Turland


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AMENDMENT moved by Deputy Mayor G M Turland and seconded by Clr G J Andrews 1. THAT Council supports the proposed heritage listing of ‘Rochester Park’ house and

garden” at 102-104 Old Wingello Road, Bundanoon, comprising Lot 32 DP 1205423. 2. THAT Council supports the proposed change in minimum lot size of ‘Rochester Park’

from 700m2 to 2000m2. 3. THAT a Planning Proposal be prepared under section 3.33 of the Environmental

Planning & Assessment Act 1979 to amend Schedule 5 of the Wingecarribee Local Environmental Plan 2010 and the Heritage Map to add “‘Rochester Park’ house and garden” at Lot 32 DP 1205423 as a new heritage item and to amend the Minimum Lot Size map in relation to Lot 32 DP 1205423 from 700m2 to 2000m2 with a maximum of four lots not including the existing house and curtilage.

4. THAT the Planning Proposal be sent to the Department of Planning, Industry and Environment with a request for a Gateway Determination in accordance with section 3.34 of the Environmental Planning & Assessment Act 1979.

5. THAT Council staff consult with Government stakeholders and engage with the community on the Planning Proposal in the manner prescribed in the Gateway Determination.

6. THAT Council consider a report after the conclusion of consultation and community engagement on the Planning Proposal.

7. THAT Interim Heritage Order No. 10 is extended until 22 February 2020 to allow for the preparation and processing of the Planning Proposal.

8. THAT the property owner and objectors to the development application (DA 19/1088) be advised of Council’s decision.

AMENDMENT LOST

VOTING ON THE AMENDMENT For the amendment: Clr G J Andrews and Deputy Mayor G M Turland Against the amendment: Mayor Clr T D Gair, Clr K J Halstead, Clr G McLaughlin, Clr P

W Nelson, Clr I M Scandrett and Clr L A C Whipper


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12.6 Adoption of Swimming Pool Barrier Policy

Reference: 6700/1.1 Report Author: Accredited Certifier Fire Safety and Pools Authoriser: Group Manager Planning, Development and Regulatory

Services Link to Community Strategic Plan: Increase promotion of healthy lifestyle choices

PURPOSE The purpose of this report is to consider submissions received during the exhibition of the draft ‘Swimming Pool Barrier’ Policy and to seek final adoption of the draft policy. The General Manager left the chambers, the time being 5:01pm The Group Manager Planning, Development and Regulatory Services addressed Council in relation to this item MN 383/19 MOTION moved by Clr G McLaughlin and seconded by Clr K J Halstead

1. THAT Council adopt the draft Swimming Pool Barrier Policy and Guideline included as Attachment 1 to this report.

2. THAT the Swimming Pool Barrier Policy and Guideline take effect from 7 days following its adoption by Council.

3. THAT there be a media release and inclusion in Wingecarribee Today. PASSED


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12.7 Draft Garden World Voluntary Planning Agreement

Reference: PN803390, 5701/34, DA11/0767 Report Author: Senior Strategic Land Use Planner Authoriser: Coordinator Strategic Land Use Planning Link to Community Strategic Plan: Provide an accessible, efficient and interconnected public

transport system within and out of the Shire

PURPOSE The purpose of this report is to recommend that the draft Garden World Voluntary Planning Agreement not proceed. MN 384/19 MOTION moved by Clr I M Scandrett and seconded by Clr G McLaughlin 1. THAT the draft Garden World Voluntary Planning Agreement not proceed. 2. THAT the proponent and submission makers to the exhibition of the draft

Voluntary Planning Agreement be notified of Council’s decision. PASSED


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12.8 Appointment of Community Representatives to the Heritage Advisory Committee

Reference: 107/16 Report Author: Strategic Land Use Planner - Heritage Projects Authoriser: Coordinator Strategic Land Use Planning Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability

and ethical governance that guides well informed decisions to advance agreed community priorities

PURPOSE The purpose of this report is to confirm Council’s previous resolution to increase the number of community representatives on the Heritage Advisory Committee and to confirm the appointment of nominees to the vacant community representative positions on that Committee. MN 385/19 MOTION moved by Clr G McLaughlin and seconded by Clr P W Nelson 1. THAT Council confirms the change in the membership of the Heritage Advisory

Committee to increase the number of community representatives from three (3) to four (4) as recommended at the Heritage Advisory Committee meeting of 5 July 2019 and adopted at the Council meeting of 24 July 2019 AND THAT the Committee Manual 2016-2020 be updated accordingly.

2. THAT Council appoint Mr Dennis McManus to the Heritage Advisory Committee as a community representative.

3. THAT Council appoint Mr Simon Bathgate to the Heritage Advisory Committee as a community representative.

4. THAT all nominees be informed of Council’s decision and be thanked for their interest in and commitment to heritage in the Wingecarribee Shire.

PASSED


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12.9 Motions for Local Government NSW Annual Conference 2019

Reference: 204/2019 Report Author: PA for Mayor Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE The purpose of this report is to nominate motions for inclusion in the Local Government NSW Annual Conference Agenda Paper and have these items forwarded to Local Government NSW by the closing date of Monday 19 August 2019.

. The Deputy General Manager Corporate Strategy and Development Services addressed Council in relation to this item MN 386/19 MOTION moved by Clr L A C Whipper and seconded by Clr G J Andrews 1. THAT the following motion be submitted to Local Government NSW for

consideration in the 2019 Annual Conference Agenda Paper:

THAT the NSW Government undertake an urgent holistic review of the Developer Contributions system in NSW, with the aim of reducing the financial burden placed on Councils in providing infrastructure to support population growth and / or the changing needs of communities throughout NSW.

PASSED


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12.10 Draft Agency Information Guide

Reference: 1420/19 Report Author: Governance Officer Authoriser: A/Coordinator Corporate Strategy and Governance Link to Delivery Program: An enhanced culture of positive leadership, accountability


PURPOSE This report seeks Council’s adoption of an updated Agency Information Guide (Information Guide). By describing Council’s functions, responsibilities and organisational structure, the proposed Information Guide aims to promote a better understanding of Council’s work in the community and inform members of the public about the ways in which the community can participate in Council’s decision-making processes. It also details the various types of information held by Council and how that information can be accessed. MN 387/19 MOTION moved by Clr P W Nelson and seconded by Deputy Mayor G M Turland THAT the draft Agency Information Guide included at Attachment 1 be adopted by Council. PASSED


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13. GENERAL MANAGER Nil


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14. DELEGATE REPORTS

15. PETITIONS Nil


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16. COMMITTEE REPORTS

16.1 Management and Advisory Committee Reports

Reference: 107/1 Report Author: Committee Coordinator Authoriser: Manager Assets Link to Community Strategic Plan: Encourage all members of the community, especially older

residents, to share their knowledge and experience with younger members

PURPOSE This report provides the Minutes of the following Committee Meetings, copies of which will be tabled for information: MN 388/19 MOTION moved by Clr P W Nelson and seconded by Clr I M Scandrett THAT the information contained in the following Committee Reports be noted:

1. Moss Vale Senior Citizens Hall Committee, 15 April 2019 2. Bong Bong Common Management Committee, 21 May 2019 3. Exeter Hall Management Committee, 3 June 2019 4. Mittagong Memorial Hall Committee, 6 June 2019 5. Mittagong Memorial Hall Committee, 1 July 2019

PASSED


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16.2 Minutes of the Traffic Committee Meeting 16 July 2019

Reference: 107/6 Report Author: Traffic Engineer (Contractor) Authoriser: Manager Assets Link to Community Strategic Plan: Work in partnership to ensure a safe road network

PURPOSE This report provides the Minutes of the Traffic Committee Meeting electronically held on Tuesday 16 July 2019. The General manager returned to the meeting the time eing 5:15pm MN 389/19 MOTION moved by Clr K J Halstead and seconded by Clr L A C Whipper THAT recommendation No TC31/19 – as detailed in the Minutes of the Traffic Committee Meeting 16 July 2019 be adopted. PASSED


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17. QUESTIONS WITH NOTICE Nil


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18. NOTICES OF MOTION

18.1 Notice of Rescission of Motion 4/2019 - 10 Frankland Street, Bowral

Reference: 100/5 PN556900 Report Author: Administration Officer (Meetings) Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE Councillors Turland, Whipper and Halstead have given notice that it is their intention to move at the Ordinary Meeting of Council on 14 August 2019 the following resolution from the Ordinary Meeting of Council held on 26 June 2019 be rescinded: MOTION moved by Clr G J Andrews and seconded by Clr K J Halstead THAT the General Manager be given authorisation to proceed to commence the process to sell proposed lots 2 and 3 in existing DP109208 via open tender. PASSED

MOTION moved by Deputy Mayor G M Turland and seconded by Clr K J Halstead THAT the motion passed by Council on 26/6/19, being Item Number 22.3 Proposed Sale - 10 Frankland Street Mittagong MN314/19, be rescinded. ON BEING PUT TO THE MEETING VOTING ON THE MOTION WAS TIED AT FOUR VOTES ALL AND THEREFORE THE MAYOR USED HIS CASTING VOTE IN THE NEGATIVE AND THE MOTION WAS LOST


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18.2 Notice of Rescission of Motion 5/2019 - Illawarra Academy of Sport

Reference: 100/5 6600/5 Report Author: Administration Officer (Meetings) Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE Councillors Nelson, McLaughlin and Andrews have given notice that it is their intention to move at the Ordinary Meeting of Council on 14 August 2019 the following resolution from the Ordinary Meeting of Council held on 10 July 2019 be rescinded: MOTION moved by Deputy Mayor G M Turland and seconded by Clr I M Scandrett

1. THAT Council decline the request made by the Illawarra Academy of Sport to review its level of funding support for the 2019/20 financial year on the basis that the 2019/20 budget was adopted on the 12 June 2019.

2. THAT Council include the Illawarra Academy of Sport’s request for a review of the current level of funding support provided to the Illawarra Academy of Sport as part of the 2020/21 Budget.

PASSED

Clr L A C Whipper left the chambers, the time being 05:37pm. MN 390/19 MOTION moved by Clr P W Nelson and seconded by Clr G J Andrews THAT the motion passed by Council on 10/7/19, being Item Number 10.5 Illawarra Academy of Sport – request for Review of Annual Funding Contribution, MN329/19, be rescinded. PASSED MN 391/19 MOTION moved by Clr P W Nelson and seconded by Clr G J Andrews THAT Council support the request of the Illawarra Academy of Sport to increase its annual funding support provided by Council by an additional $2000 in the 2019/2020 financial year, AND THAT the $2000 be allocated from the Contingency Budget. PASSED


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18.3 Notice of Motion 22/2019 - Station Street Upgrade - Update in Finance Committee

Reference: 100/4 7457 107/21 Report Author: Administration Officer (Meetings) Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE Councillor Scandrett has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 14 August 2019: MOTION moved by Clr I M Scandrett

THAT Council be briefed in an open agenda item at the Finance Committee meeting on 21/8/2019 on the Station St upgrade project – such report to detail:

a. the current status & timeline of the delivery program for the Station St upgrade project;

b. the current funding of the project including an updated list & likely cost of all related budget items, both funded & unfunded;

c. the current status of the NSW infrastructure delivery timeline for the project, this to include our “Deep Dive review report” responses;

d. any issues or timelines therein regarding the $7.5m State grant; e. the current status of the carparking lands acquisition, to include detail on its

current funding status. MOTION LAPSED THROUGH WANT OF A SECONDER


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18.4 Notice of Motion 23/2019 - Clean up and Rubbish Removal of Station Street, Bowral

Reference: 100/4 RD1615 Report Author: Administration Officer (Meetings) Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE Councillors Turland, Andrews, Whipper and Halstead have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 14 August 2019: Clr L A C Whipper returned to the meeting, the time being 5:42pm. The General Manager addressed Council in relation to this item The Deputy General Manager Operations Finance and Risk addressed Council on this item MN 392/19 MOTION moved by Deputy Mayor G M Turland and seconded by Clr K J Halstead THAT Council staff commence the cleaning up and removal of the regrowth and overgrown weeds and rubbish in the drain from Bowral Street and the Northern Council carpark. PASSED Clr Scandrett requested his dissenting vote be recorded


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18.5 Notice of Motion 24/2019 - Civic Prayer

Reference: 100/4 Report Author: Administration Officer (Meetings) Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE Councillor Whipper has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 14 August 2019: MOTION moved by Clr L A C Whipper and seconded by Deputy Mayor G M Turland

1. THAT Council acknowledge the importance of the opening prayer at each Council meeting and extend sincere thanks to all those Ministers who have provided these blessings upon Council and community over the years.

2. THAT in recognising Australia is predominantly Christian in our belief system THAT we also recognise there are those in our nation and the Shire who acknowledge God through different pathways.

3. THAT in acknowledging this reality Council now consider broadening the representation of those who offer “prayer” at the opening of Council meetings to respect and reflect this fact.

4. THAT Council make formal invitations to local leaders of the Catholic, Buddhist, Hindu, Jewish, Muslim and Bahai faiths to be include in the roster to provide prayer on behalf of this Council and its community at the opening of Council (after Acknowledgement of Country) along with the Minister’s Fraternal.

5. THAT in making this invitation, Council acknowledge this is designed to encourage inclusiveness and NOT to denigrate our Christian belief system.

6. THAT in the spirit of inclusiveness, Council also call for expressions of interest from all religious denominational leaders in the Shire to participate in a roster for the opening prayer of Council.


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MN 393/19 AMENDMENT moved by Clr P W Nelson and seconded by Clr G J Andrews

1. THAT Council acknowledge the importance of the opening prayer at each Council meeting and extend sincere thanks to all those Ministers who have provided these blessings upon Council and community over the years.

2. THAT in recognising Australia is predominantly Christian in our belief system THAT we also recognise there are those in our nation and the Shire who acknowledge God through different pathways.

ON BEING PUT TO THE MEETING VOTING ON THE AMENDMENT WAS TIED AT FOUR VOTES ALL AND THEREFORE THE MAYOR USED HIS CASTING VOTE IN THE POSITIVE AND THE AMENDMENT WAS PASSED THE AMENDMENT BECAME THE MOTION ON BEING PUT TO THE MEETING VOTING ON THE MOTION WAS TIED AT FOUR VOTES ALL AND THEREFORE THE MAYOR USED HIS CASTING VOTE IN THE POSITIVE AND THE MOTION WAS PASSED MOTION PASSED Clrs Whipper, Turland, McLaughlin and Halstead wished their dissenting votes to be recorded


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18.6 Notice of Motion 25/2019 - 5G Telstra Network

Reference: 100/4 6324 Report Author: Administration Officer (Meetings) Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE Councillor Whipper has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 14 August 2019: MN 394/19 MOTION moved by Clr L A C Whipper and seconded by Deputy Mayor G M Turland

1. THAT an information session be convened as soon as practical for the purposes of informing Councillors of the issues of concern surrounding the new 5G Telstra Network.

2. THAT the session provides information relating to any discussion that Council has had in relation to the use of this potentially dangerous technology in our Shire.

3. THAT the information Session also provide information relating to Council's planning powers in relation to any proposals to roll this network out in the Wingecarribee Shire.

4. THAT the matter be referred through to Council’s Environment and Sustainability Committee for input and comment.

PASSED


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18.7 Notice of Motion 26/2019 - Milton Park

Reference: 100/4 PN1726950 PN1790810 Report Author: Administration Officer (Meetings) Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE Councillor McLaughlin has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 14 August 2019: Ms Karen Mitchell addressed Council in public forum in relation to this item. The General Manager left the chambers, the time being 6:08pm The General Manager returned to the chambers, the time being 6:14pm MOTION moved by Clr G McLaughlin and seconded by Clr K J Halstead THAT Council seek quotations for a suitably qualified and experience solicitor independent of Council to:

1. Inquire into and review all of Council’s files and books related to Village 1 being SP32202, for the period from 1 January 1983 - 31 July 2019 for the purpose of determining and reporting on what actions, if any, Council should, or may take to ensure Council complies with all of Council’s obligations and fulfils reasonable community expectations in connection with all matters contained therein concerning Tujillo Pty Ltd, Dobler Properties Pty Ltd and any of their affiliates;

2. Inquire into any matters reasonably incidental to the inquiry referred to in Paragraph (1) which may be of consequence; and

3. Report to Council what further actions, if any, it should or may take to address any failure by it to comply with or meet those obligations or expectations arising from their enquiries.

ON BEING PUT TO THE MEETING VOTING ON THE MOTION WAS TIED AT FOUR VOTES ALL AND THEREFORE THE MAYOR USED HIS CASTING VOTE IN THE NEGATIVE AND THE MOTION WAS LOST


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18.8 Notice of Motion 27/2019 - Glebe Estate



PURPOSE Councillor McLaughlin has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 14 August 2019: THAT Council engage a recognised heritage consultant to assess the heritage significance of the houses in the Glebe Estate in Edward, Church, St Jude Streets and part of Bowral Street (numbers 92-106) given the Southern Highlands Community Hospice Ltd has now withdrawn from the proposed Hospice and Medical Centre development at 104-106 Bowral Street in the Bowral Conservation Area. MN 395/19 MOTION moved by Clr G McLaughlin and seconded by Clr L A C Whipper THAT the Notice of Motion 27/2019 – Glebe Estate be noted. PASSED


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18.9 Notice of Motion 28/2019 - Mary Street, Mittagong



PURPOSE Councillor Turland has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 14 August 2019: MOTION moved by Deputy Mayor G M Turland and seconded by Clr K J Halstead

1. THAT Council remove all the trees on the footpath in front of house numbers 53 to 71, Mary Street, Mittagong and replant as per the Council’s Master Plan.

2. THAT a concrete footpath be constructed as per Council’s standard subdivision guidelines.

MN 396/19 MOTION moved by Clr K J Halstead and seconded by Clr P W Nelson THAT the Motion items be discussed in seriatim PASSED MN 397/19 MOTION moved by Deputy Mayor G M Turland and seconded by Clr K J Halstead THAT Council remove all the trees on the footpath in front of house numbers 53 to 71, Mary Street, Mittagong and replant as per the Council’s Master Plan. PASSED MOTION moved by Clr I M Scandrett and seconded by Deputy Mayor G M Turland

THAT a concrete footpath be constructed as per Council’s standard subdivision guidelines. MOTION LOST


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18.10 Notice of Motion 29/2019 - Mary Street, Mittagong Arborist



PURPOSE Councillor Turland has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 14 August 2019:

1. THAT Council release the Mary Street Arborist Report to the for affected property owners to the east of the Council Road Reserve.

2. THAT the trees are stated in this report to give them the confidence that Council has their safety and to protect their property in its best interest.

Clr K J Halstead left the chambers, the time being 07:03pm. MN 398/19 MOTION moved by Deputy Mayor G M Turland and seconded by Clr I M Scandrett THAT the Notice of Motion 29/2019 – Mary Street, Mittagong Arborist, be noted. PASSED


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18.11 Notice of Motion 30/2019 - Development Applications Briefing Session



PURPOSE Councillor Turland has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 14 August 2019: Clr K J Halstead returned to the meeting, the time being 07:04pm. MN 399/19 MOTION moved by Deputy Mayor G M Turland and seconded by Clr I M Scandrett THAT the General Manager hold a briefing session for Councillors in regards to the seven day (7) time frame given to applicants by Council Staff seeking additional information for a Development Application.

PASSED


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18.12 Notice of Motion 31/2019 - Vegetation Clearing Permit Applications under the SEPP (Vegetation in Non Rural Areas 2017) Briefing session

Reference: 100/4 5453/3 Report Author: Administration Officer (Meetings) Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE Councillor Turland has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 14 August 2019: MN 400/19 MOTION moved by Deputy Mayor G M Turland and seconded by Clr K J Halstead THAT the General Manager arrange as soon as possible for a Councillor Briefing Session to be held to outline what the processes are currently in place for dealing with Vegetation Clearing Permit Applications under the State Environmental Planning Policy (Vegetation in Non Rural Areas) 2017 which are assessed and determined by staff for an application lodged for a simple tree removal in residential, industrial and commercial zones.

PASSED


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18.13 Notice of Motion 32/2019 - Station Street Bowral, Upgrade Spreadsheet



PURPOSE Councillor Turland has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 14 August 2019: MN 401/19 MOTION moved by Deputy Mayor G M Turland and seconded by Clr I M Scandrett

1. THAT the General Manager provide a report and spreadsheet chart on how the General Manager will implement the Station Street Upgrade before the end of 2019.

2. THAT the spreadsheet chart is to include a start and staging date to be met, to provide confidence to Councillors and the community that this project will be completed AND THAT this matter be heard in Open Council.

PASSED


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19. CLOSED COUNCIL

MOVING INTO CLOSED SESSION 107/9

19.1 Tender for Construction of Two Bridges - Meryla NSW

Reference: 6330/19.15 Report Author: Project Manager Authoriser: Chief Capital Program Delivery Officer Link to Community Strategic Plan: Work in partnership to ensure a safe road network

CONFIDENTIAL ITEM This report is confidential in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)d(i) as it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

PURPOSE The purpose of this report is to present the evaluation of the Request for Tender for the Construction of Two Bridges – Meryla NSW. This item was dealt with earlier in the meeting, MN 377/19 on page 14.


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20. MEETING CLOSURE THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 7:26 PM In accordance with the provisions of Section 375(2) of the Local Government Act, these Minutes of the Ordinary Council Meeting held Wednesday 14 August 2019 numbered M/N 369/19 to M/N 401/19 were signed by me hereunder at the Council Meeting held on Wednesday 28 August 2019. CHAIRMAN

READ AND CONFIRMED ON WEDNESDAY 28 AUGUST 2019

CHAIRMAN PUBLIC OFFICER

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