minutes of ordinary meeting of council - 23 september 2015 · 9/23/2015 · minutes of the...

MINUTES

of the

Ordinary Meeting of Council

held in

Council Chambers

Civic Centre, Elizabeth Street, Moss Vale

on

Wednesday 23 September 2015

Wednesday 31 The meeting commenced at 3.30pm

File No. 100/2015

MINUTES OF THE ORDINARY MEETING OF COUNCIL


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1. OPENING OF THE MEETING

2. ACKNOWLEDGMENT OF COUNTRY

3. PRAYER

4. APOLOGIES

Clr J R Clark

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 9 September 2015

Extraordinary Meeting of Council held on 16 September 2015

6. BUSINESS ARISING FROM THE MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY, 9 SEPTEMBER 2015 ..................... 2

6A. BUSINESS ARISING FROM THE MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY, 16 SEPTEMBER 2015 .. 4

7. DECLARATIONS OF INTEREST ................................................................... 5

8. MAYORAL MINUTES ..................................................................................... 6

Nil .............................................................................................................. 6

9. PUBLIC FORUM ............................................................................................ 7

Nil .............................................................................................................. 7

COMMITTEE OF THE WHOLE

10. VISITOR MATTERS ....................................................................................... 9

OPERATIONS

Nil .............................................................................................................. 9

CORPORATE & STRATEGY

Nil .............................................................................................................10

11. EN BLOC MOTION .......................................................................................11

Withdrawn ......................................................................................................11

12. OPERATIONS FINANCE & RISK .................................................................12

12.1 Investment Report as at 31 August 2015 ..............................................12

12.2 2014/15 Annual Financial Statements ...................................................13

12.3 Boundary Adjustment, 1 William Street, Mittagong ...............................14

12.4 Aboriginal Community and Cultural Centre Sunset Working Group.......15

12.5 Outcome of the Public Hearing and Public Exhibition for the Categorisation of Corbett Gardens, Bowral ...........................................16

13. CORPORATE STRATEGY & DEVELOPMENT SERVICES .........................17

13.1 Bi-Annual Delivery Program Progress Report, January - June 2015 .....17



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13.2 Planning Proposal to Rezone and Reclassify Community Land - Lot 2 DP775152 being Public Reserve Innes Road, Moss Vale ..................18

13.3 Draft Positive Ageing Strategy 2016 - 2026 ..........................................20

13.4 Southern Highlands Global Association ................................................21

14. GENERAL MANAGER ..................................................................................23

14.1 Legal Affairs ..........................................................................................23

15. DELEGATE REPORTS .................................................................................24

Nil .............................................................................................................24

16. PETITIONS ....................................................................................................25

Nil .............................................................................................................25

17. CORRESPONDENCE FOR ATTENTION ......................................................26

Nil .............................................................................................................26

18. COMMITTEE REPORTS ...............................................................................27

18.1 Minutes of the Heritage Committee held on Friday, 14 August 2015 .....27

18.2 Minutes of the Access Committee Meeting held on Monday, 17 August 2015 .........................................................................................29

18.3 Minutes of the Traffic Committee Meeting held on Friday 4 September 2015 ...................................................................................31

18.4 Minutes of the Environment and Sustainability Committee Meeting held on Wednesday, 19 August 2015 ...................................................32

18.5 Minutes of the Community Development Committee held on Tuesday, 7 July 2015 ............................................................................34

18.6 Minutes of the Risk & Audit Committee Meeting held on Monday, 1 June 2015 .............................................................................................35

18.7 Minutes of the Risk & Audit Committee Meeting held on Monday, 7 September 2015 ...................................................................................37

19. QUESTIONS WITH NOTICE .........................................................................39

Nil .............................................................................................................39

MAYOR RESUMES THE CHAIR

13.4 Southern Highlands Global Association ................................................41

20. NOTICES OF MOTION ..................................................................................43

20.1 Notice of Motion 42/2015 - Mt Gibraltar Reserve - Fire Hazard .............43

20.2 Notice of Motion 43/2015 - Community Poll/Community Engagement ..44

21. GENERAL BUSINESS ..................................................................................47

22. CLOSED COUNCIL.......................................................................................50

Moving into Closed Session ...........................................................................50

22.1 Legal Affairs ..........................................................................................51



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23. RESUMPTON OF OPEN COUNCIL ..............................................................52

Adoption of Closed Council ............................................................................52

24. ADOPTION OF COMMITTEE OF THE WHOLE ............................................52

25. MEETING CLOSURE ....................................................................................53



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MINUTES OF THE ORDINARY MEETING OF WINGECARRIBEE SHIRE COUNCIL HELD IN COUNCIL CHAMBERS, CIVIC CENTRE, ELIZABETH STREET, MOSS VALE ON WEDNESDAY, 23 SEPTEMBER 2015 COMMENCING AT 3.30 PM

Present: Clr L A C Whipper (Mayor – in the Chair)

Clr J G Arkwright Clr H R Campbell Clr T D Gair Clr G McLaughlin Clr I M Scandrett Clr G M Turland Clr J Uliana

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 Planning, Development and Regulatory Services Mr Nicholas Wilton General Counsel Ms Christine Cunningham Chief Financial Officer (in part) Mr Richard Mooney Land Use Planner (in part) Mrs Susan Stannard Administration Officer Ms Liz Johnson

1. OPENING OF THE MEETING The Mayor Clr L A C Whipper opened the meeting and welcomed members of the public and the press.

2. 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.”

3. PRAYER The meeting was led in prayer by Mr Callum Thomas of Capernwray Bible College.



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4. APOLOGY

PERS, 101/1

MN 487/15

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr T D Gair THAT apology of Clr J R Clark be accepted and leave of absence granted. PASSED

5. CONFIRMATION OF MINUTES

100/1

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY, 9 SEPTEMBER 2015

MN 488/15

MOTION moved by Clr T D Gair and seconded by Deputy Mayor I M Scandrett THAT the minutes of the Ordinary Meeting of Council held on Wednesday, 9 September 2015 MN 455/15 to MN 482/15 Inclusive, copies of which were forwarded to Councillors, be adopted as a correct record of the proceedings of the meeting. PASSED

6. BUSINESS ARISING FROM THE MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY, 9 SEPTEMBER 2015

1. ITEM 20.4 – NOTICE OF MOTION 40-2015 – ENDORSEMENT OF SHCAG’S

SUBMISSION TO THE FEDERAL DEPARTMENT OF THE ENVIRONMENT 100/4, 5305/11 Clr G M Turland referred to this Item on page 43 of the Minutes of the Meeting on 9 September 2015. Clr Turland advised that he had received notification that SHCAG Pty Ltd went into liquidation on 20 September 2015 and stated that therefore Council cannot go ahead with this endorsed motion. Clr Turland asked what is Council’s position in relation to a liquidated company, and advised that he will table the ASIC documents. Clr Turland advised that the appointment of the liquidator raises the question of whether Council could support the submission to the Government when the company has gone into liquidation. The General Manager advised that as Council has not received any notice of this, it will be taken on notice.



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MN 489/15

MOTION moved by Clr G M Turland and seconded by Clr H R Campbell THAT it be noted that Clr G M Turland tabled ASIC documents in relation to the appointment of an external administrator to SHCAG Pty Ltd. PASSED

5. CONFIRMATION OF MINUTES (CONT )

100/1

MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY, 16 SEPTEMBER 2015

MN 490/15

MOTION moved by Clr I M Scandrett and seconded by Clr J G Arkwright THAT the minutes of the Extraordinary Meeting of Council held on Wednesday, 16 September 2015 MN 483/15 to MN 486/15 inclusive, copies of which were forwarded to Councillors, be adopted as a correct record of the proceedings of the meeting. PASSED Clr J G Arkwright advised that she wished to raise a point of correctness in relation to the Minutes of the Extraordinary Meeting of Council held on Wednesday, 16 September 2015.

MN 491/15

MOTION moved by Clr T D Gair and seconded by Deputy Mayor I M Scandrett

THAT the Minutes of the Extraordinary Meeting held on Wednesday, 16 September 2015 be resubmitted.

PASSED

Clr J G Arkwright advised that it was recorded on page 9 of the Minutes that Clr H R Campbell left the chamber at 6.26 pm and retired from the Meeting, and requested that Clr Campbell’s public announcement prior to her retiring from the Meeting be recorded in the Minutes for transparency and accuracy.

The General Manager advised that Clr Campbell’s comment was not relevant to the business of the Meeting and is on record as it is on the tape.



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MN 492/15

MOTION moved by Clr T D Gair and seconded by Clr G M Turland

THAT the minutes of the Extraordinary Meeting of Council held on Wednesday, 16 September 2015 MN 483/15 to MN 486/15 inclusive, copies of which were forwarded to Councillors, be adopted as a correct record of the proceedings of the meeting.

MOTION PASSED

The Mayor Clr L A C Whipper requested that the names be recorded

VOTING ON THE MOTION

For the motion: Clr H R Campbell, Clr T D Gair, Clr G McLaughlin, Clr G M Turland and Mayor L A C Whipper

Against the motion: Clr J G Arkwright, Deputy Mayor I M Scandrett and Clr J Uliana

6A. BUSINESS ARISING FROM THE MINUTES OF THE EXTRAORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY, 16 SEPTEMBER 2015

There was no Business Arising from the Minutes of the Extraordinary Meeting of Council held on Wednesday, 16 September 2015.



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7. 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 at this Meeting.



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8. MAYORAL MINUTES There were no Mayoral Minutes at this Meeting.



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9. PUBLIC FORUM

There was no Public Forum at this Meeting.

REPORT ON DINNER FOR KANGAROO MARCH

1670/13

Deputy Mayor I M Scandrett advised that he and Clr J G Arkwright had attended Canberra last Saturday night to represent Council at the Kangaroo March Dinner which was held at the Australian War Memorial. He advised that it was a very well attended event and that Dr Brendan Nelson gave a very interesting and compelling speech about the Kangaroo March and its foundation and relevance to the southern part of NSW. Clr Scandrett advised that Council was recognised as where the event originated when a number of people got together in the Exeter Café and formed the idea to re-enact the march on its centenary. The Mayor Clr L A C Whipper thanked Clr Scandrett and advised that it is a wonderful event and looked forward to the march coming to our area.



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COMMITTEE OF THE WHOLE

107/10

MN 493/15

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr G M Turland

THAT in accordance with Section 373 of the Local Government Act, 1993, Council moves into Committee of the Whole to consider various matters detailed in the Agenda with Clr T D Gair to take the Chair. PASSED



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10. VISITOR MATTERS

OPERATIONS

There were no Visitor Matters – Operations – at this Meeting.



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CORPORATE & STRATEGY

There were no Visitor Matters – Corporate & Strategy – at this Meeting.



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11. EN BLOC MOTION

100/1

MN 494/15

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr J G Arkwright THAT having read and considered the reports in the Agenda related to the following items:

Item 12.1 Investment Report as at 31 August 2015

Item 12.2 2014/2015 Annual Financial Statements

Item 12.4 Aboriginal Community & Cultural Sunset Working Group

Item 12.5 Outcome of the Public Hearing and the Public Exhibition for the Categoratisation of Corbett Gardens, Bowral

Item 13.1 Bi-Annual Delivery Program Progress Report January – June 2015

Item 13.2 Planning Proposal to Rezone and Reclassify Community Land – Lot 2 DP 775152 being Public Reserve, Innes Road, Moss Vale

Item 13.3 Positive Ageing Strategy 2016 - 2026

Item 18.1 Mniutes of the Heritage Committee held on Friday, 14 August 2015

Item 18.2 Minutes of the Access Committee Meeting held on Monday, 17 August 2015

Item 18.3 Minutes of the Traffic Committee Meeting held on Friday, 4 September 2015

Item 18.4 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 19 August 2015

Item 18.5 Minutes of the Community Development Committee held on Tuesday, 7 July 2015

Council adopt the recommendations as printed for those items. THE MOTION WAS WITHDRAWN



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12. OPERATIONS FINANCE & RISK

12.1 Investment Report as at 31 August 2015

Reference: 2104 Report Author: Management Accountant Authoriser: Chief Financial Officer Link to Corporate Plan: Ensure systems and processes are in place to achieve

mutual trust and collaboration

PURPOSE In accordance with Part 9, Division 5, Section 212 of the Local Government (General) Regulations 2005, this report provides details of Council's Investments as at 31 August 2015.

MN 495/15

MOTION moved by Clr H R Campbell and seconded by Clr G McLaughlin

THAT the information on Council’s Investments as at 31 August 2015 be received and noted. PASSED



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12.2 2014/15 Annual Financial Statements

Reference: 2105 Report Author: Chief Financial Officer Authoriser: Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to advise Council of the following:

the Draft Annual Financial Statements for the year ending 30 June 2015 have been completed;

to seek Council’s endorsement of the preparation of the Statement by Councillors and Management to Council’s auditor, Warton Thompson & Co, in accordance with Section 413(2)(c) of the Local Government Act 1993; and

to set a date for the presentation of the Audit Report to Council and give public notice of the date in accordance with Section 418 (1a) & (1b) of the Local Government Act 1993.

MN 496/15

MOTION moved by Clr J G Arkwright and seconded by Clr G M Turland

1. THAT the Mayor and Deputy Mayor be authorised to sign the Statement by

Councillors and Management made pursuant to Section 413 (2)(c) of the Local Government Act 1993, with the General Manager and the Responsible Accounting Officer.

2. THAT Council note the audited Annual Financial Statements and Audit Report

will be presented to Council on 28 October 2015. PASSED



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12.3 Boundary Adjustment, 1 William Street, Mittagong

Reference: PN27500, RD3213 Report Author: Senior Property Officer Authoriser: Manager Business Services Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to have Council consider a request for a boundary adjustment between the property known as 1 William Street, Mittagong and the adjacent Council road reserve.

MN 497/15

MOTION moved by Clr G M Turland and seconded by Deputy Mayor I M Scandrett

1. THAT Council invite the applicant, being the owner of 1 William Street,

Mittagong, to submit a formal road closure application AND THAT in principle Council supports the proposed partial closing of approximately 57m2 of the road reserve at the corner of Anne and William Streets, Mittagong, subject to the final approval of the Minister for Lands.

2. THAT the applicant will be liable for the payment of all costs associated with the

application for partial road closure (referred to in Resolution 1 above) including the payment of compensation to the authority in which the closed road vests as a newly created lot.

3. THAT following the closure of the road, the applicant is required to consolidate

the newly created lot with 1 William Street, Mittagong. 4. THAT as part of the preparation of a plan of subdivision incorporating the future

road closure, the surveyor also include the new property boundary between 1 William Street and 35 Anne Street, Mittagong reflecting the existing dividing fence alignment between the two properties.

PASSED



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12.4 Aboriginal Community and Cultural Centre Sunset Working Group

Reference: 1826/14 Report Author: Senior Assets Officer Authoriser: Acting Manager Assets Link to Corporate Plan: Leverage and network what we have that is good and

working well in a particular field to establish core working groups that with Council collaboration and support, will provide leadership, coordinated planning and funding

PURPOSE To endorse the nominations for the Aboriginal Community and Cultural Centre Sunset Working Group.

MN 498/15

MOTION moved by Mayor L A C Whipper and seconded by Deputy Mayor I M Scandrett

1. THAT the following nominees be invited to join the Aboriginal Community and

Cultural Centre Sunset Working Group: Aunty Velma Mulcahy, Traditional Gundungurra Elder Adrian Shafer, Traditional Gundungurra Elder Jo Goulding Raymond Stevenson Kelly Duncan Troy Styman Trisha Gage-Simpson Robyn Tiyce Anthony Finnigan

2. THAT Ms Pam Corrigan be invited to join the Aboriginal Community and

Cultural Centre Sunset Working Group as an alternate delegate for the Yamanda Aboriginal Group representative, Raymond Stevenson.

3. THAT all other nominees be thanked for their interest and be advised of the

outcome. PASSED



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12.5 Outcome of the Public Hearing and Public Exhibition for the Categorisation of Corbett Gardens, Bowral

Reference: 6500//23, 6500/27, 6527/6, 7124 Report Author: Recreation Planner Authoriser: Acting Manager Assets Link to Corporate Plan: Strengthen the connectivity, liveability and vibrancy of

towns and villages

PURPOSE The purpose of this report is to inform Council of the outcome of the public hearing and public exhibition of the proposed categorisation of community land known as Corbett Gardens.

The Deputy General Manager Operations, Finance & Risk addressed Council on this matter.

MN 499/15

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr H R Campbell

1. THAT Council adopts the publically exhibited categories identified in the public

exhibition package for Corbett Gardens. 2. THAT Council expedite preparation of a draft Plan of Management for Corbett

Gardens and report back to Council to seek endorsement to publically exhibit. 3. THAT a Councillor briefing session for the draft Plan of Management be held

prior to a report to Council. PASSED



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13. CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Bi-Annual Delivery Program Progress Report, January - June 2015

Reference: 501/2013 Report Author: Integrated Planning & Reporting Coordinator Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure important decision are made on the basis of how

they meet our goals

PURPOSE This report presents the Bi-Annual Delivery Program Progress Report for the period 1 January 2015 to 30 June 2015, which records Council’s progress towards achieving the objectives of the Delivery Program 2013-17.

MN 500/15

MOTION moved by Deputy Mayor I M Scandrett and seconded by Mayor L A C Whipper

1. THAT Council receive and endorse the Bi-Annual Delivery Program Progress

Report for the period 1 January to 30 June 2015. 2. THAT Council staff be recognised in the preparation of the very insightful

report. PASSED



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13.2 Planning Proposal to Rezone and Reclassify Community Land - Lot 2 DP775152 being Public Reserve Innes Road, Moss Vale

Reference: PN1704923 Report Author: Acting Coordinator Strategic Planning Authoriser: Group Manager Planning, Development & Regulatory

Services Applicant: LEP Planning Owner: Wingecarribee Shire Council Link to Corporate Plan: Encourage creativity in utilisation of our community assets

PURPOSE The purpose of this report is to discuss the potential for preparing a Planning Proposal for Gateway Determination with the purpose of disposing of Public Reserve known as Lot 2 DP 775152 Innes Road, Moss Vale (Lot 2). Lot 2 is approximately 3 metres wide and located between St Paul’s International College and B4 Mixed Use zone that fronts Lackey Road. This report recommends that a Planning Proposal be prepared and forwarded to the Department of Planning and Environmental for Gateway Determination.

The Land Use Planner addressed Council on this matter.


Councillors are required to record their votes on this matter.

MN 501/15

MOTION moved by Clr G McLaughlin and seconded by Mayor L A C Whipper

THAT a Planning Proposal be prepared and submitted to the Department of Planning and Environment to amend Wingecarribee Local Environmental Plan 2010 by: (a) Rezoning Lot 2 DP 775152 Innes Road, Moss Vale from RE1 Public Recreation to

B4 Mixed Use; (b) Applying a Minimum Lot Size of 700sqm, depicted as ‘Q’ on the minimum lot

size maps to Lot 2 DP 775152 Innes Road, Moss Vale; and

(c) Reclassifying Lot 2 DP 775152 Innes Road, Moss Vale from Community to

Operational.

PASSED



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For the motion: Clr J G Arkwright, Clr H R Campbell, Clr T D Gair, Clr G McLaughlin, Deputy Mayor I M Scandrett, Clr G M Turland, Clr J Uliana and Mayor L A C Whipper

Against the motion: Nil



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13.3 Draft Positive Ageing Strategy 2016 - 2026

Reference: 1860/10 Report Author: Ageing & Disability Officer Authoriser: Community Development Coordinator Link to Corporate Plan: Encourage and implement activities that strengthen

community spirit

PURPOSE To seek approval for the Draft Positive Ageing Strategy 2016 - 2026 to be placed on public exhibition with the public invited to provide feedback and comments.

MN 502/15

MOTION moved by Clr G McLaughlin and seconded by Clr G M Turland

1. THAT the Draft Positive Ageing Strategy 2016 - 2026 be placed on public

exhibition for a period of twenty eight (28) days. 2. THAT the final Positive Ageing Strategy 2016 - 2026 incorporating the

community feedback and comments be provided to Council following public exhibition.

3. THAT Council staff be acknowledged for their outstanding work in the

preparation of the Draft Positive Ageing Strategy 2016 - 2026. PASSED



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13.4 Southern Highlands Global Association

Reference: 1600, 103/7 Report Author: Manager Economic Development Authoriser: Deputy General Manager Corporate, Strategy &

Development Services Link to Corporate Plan: Council to develop and implement a plan to give full

support to social and economic flourishing in the Shire, both directly and as a significant factor in its own right, and indirectly through facilitating broad-based community actions to drive social and economic development

PURPOSE This report deals with the recently formed Southern Highlands Global Association (SHGA) which is seeking to formalise a relationship with Council.

MN 503/15

MOTION moved by Clr H R Campbell and seconded by Clr G M Turland

THAT Council takes the following actions: (a) Endorses this project. (b) Nominates the General Manager or her delegated representative to participate on the

project planning committee. (c) Where appropriate works with the Southern Highlands Global Association (SHGA) to

develop approaches to prospective associates. (e) Provides SHGA with appropriate letters of support on an ongoing “project by project”

basis. (f) Assuming actions (a) to (d) above occur, announce the decision to local media via a

press release.



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AMENDMENT moved by Deputy Mayor I M Scandrett and seconded by Clr J G Arkwright THAT Council takes the following actions: (a) Endorses this project. (b) Nominates the following Council participants for the project planning committee:

(i) The Chair of the Economic Development and Tourism Committee Deputy Mayor I M Scandrett as Councillor representative in an observer capacity with no voting rights.

(ii) The Manager Economic Development. (c) Where appropriate works with the Southern Highlands Global Association (SHGA) to



press release.

ON BEING PUT TO THE MEETING VOTING ON THE AMENDMENT WAS TIED AT FOUR (4) VOTES ALL AND THE MATTER WAS DEFERRED TO THE FULL COUNCIL MEETING WITH THE MAYOR IN THE CHAIR



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14. GENERAL MANAGER

14.1 Legal Affairs

Reference: 107/22 Report Author: General Counsel Authoriser: General Manager Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Reporting the ongoing management of legal issues since last reported to Council on 26 August 2015.

The Deputy General Manager Corporate, Strategy & Development Services addressed Council on this matter.

MN 504/15

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr G McLaughlin

1. THAT the status of the legal affairs involving Council be considered in Closed

Council – Item 22.5. 2. THAT the information relating to ongoing legal costs in Attachment 1 to the

report be noted. PASSED

Note: In accordance with Council’s Code of Meeting Practice, immediately after a motion to close part of a meeting to the public has been moved and seconded, debate on the motion should be suspended to allow the public to make representations to Council as to why the item should not be considered in Closed Council.

Mr Charlie Johns objected to Council going into Closed Committee under s10A(iv) noting that it is not listed what the items relate to and advised he would oppose anything relating to a Councillor in relation to legal. He asked whether it is legal or financial, and withdrew his objection by resuming his seat.



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15. DELEGATE REPORTS

There was no Delegate Reports at this Meeting.



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16. PETITIONS

There were no Petitions at this Meeting.



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17. CORRESPONDENCE FOR ATTENTION

There was no Correspondence for Attention at this Meeting.



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18. COMMITTEE REPORTS

18.1 Minutes of the Heritage Committee held on Friday, 14 August 2015

Reference: 107/16 Report Author: Heritage Land Use Planner Authoriser: Acting Coordinator Strategic Planning Link to Corporate Plan: Foster and support diverse interest groups to harness the

skills, passion, time and commitment of community members and organisation, and to leverage effective participation

PURPOSE This report provides the Minutes of the Heritage Committee Meeting held on 14 August 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION There are three (3) Committee recommendations that require Council adoption as follows: 1. Submission made by the Heritage Committee since its last meeting

HC 20/15 THAT the following comments on 15/002 for ‘Burlington’, 29-31 Burradoo Road, Burradoo, made by the Heritage Committee since its last meeting is noted: 1. ‘Bibury’ (now Burlington) is arguably Leslie Wilkinson’s best house, the beau ideal

of his Mediterranean villa for Australia. 2. The Cazneaux photos should be respected and the north, east and courtyard

elevations should be sacrosanct. 3. At least the pavilion and garage are around the back and out of sight. 4. Making a new drive and a new ‘front door’ seems wrong especially as there

appears to be nowhere for a car to go or turn and it destroys one of the house’s loggias. Wilkinson wanted to enter via the courtyard – critical to his Mediterranean Ideal and leave the garden front private.

5. The Porch (loggia) off the Main Bedroom should be left as is. 6. Adding extra windows in Lounge, Master Bedroom 1 and Guest Bedroom seems

unnecessary. 7. Taking out the south wall of Wilkinson’s dining room is questionable. AND THAT the Committee notes that important State and National heritage values of the site and recommends that Council support the State Heritage Register listing of ‘Burlington’ (former ‘Bibury’).

2. 15/0628 - New accommodation suites at the Fitzroy Inn, 1 Ferguson Crescent, Mittagong HC 22/15 THAT the Heritage Committee raises no major heritage objections to the proposed application but that the use of the incentives clause needs to be closely examined by the assessing officer AND THAT any approval should include a condition requiring a



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preliminary archaeological investigation to be undertaken prior to any excavation, and a condition that protects any relics should they be discovered during any excavation.

3. Moss Vale Police Station HC 23/15 THAT any approval given to the Police Station redevelopment include a condition requiring an archival recording be undertaken and submitted to Council prior to demolition.

The Group Manager Planning, Development and Regulatory Services addressed Council on this matter.

MN 505/15

MOTION moved by Clr G McLaughlin and seconded by Clr G M Turland 1. THAT recommendations Nos HC 18/15 to HC 23/15 – as detailed in the Minutes

of the Heritage Committee Meeting held on 14 August 2015 be adopted, save for any items which have budgetary implications AND THAT action on any item with budgetary implications be delayed, pending consideration by the Finance Committee.

2. THAT Council acknowledge the hard work and support given by Council’s

former Heritage Land Use Planner to the Committee, noting that she has recently resigned from employment with Council.

PASSED



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18.2 Minutes of the Access Committee Meeting held on Monday, 17 August 2015

Reference: 1828/3 Report Author: Ageing & Disability Officer Authoriser: Community Development Coordinator Link to Corporate Plan: Foster and support diverse interest groups to harness the

skills, passion, time and commitment of community members and organisation, and to leverage effective participation

PURPOSE This report provides the Minutes of the Access Committee Meeting held on Monday 17 August 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION There are 6 recommendations that should be noted by Council:

29/15 THAT the Ageing and Disability Officer liaise with staff at the Moss Vale War Memorial Aquatic Centre regarding the purchase of a minimum of two slings to have available with the hoist.

31/15 THAT a report be brought back to the next meeting outlining a project plan for the DIAP including timeframes, consultation groups and the broader community, and resources required to be included if necessary in the 2016/2017 budget deliberations

32/15 THAT the information in the report be noted and submissions and further comments on the draft Positive Ageing Strategy will be considered following the public exhibition period and THAT the draft Positive Ageing Strategy be made available to members of the Access Committee

33/15 THAT the name of the event will be the Access Awareness Challenge or similar and THAT the key objectives will be raising awareness and identifying access issues and THAT group participants will be invited Councillors and appropriate staff as well as high profile community members and THAT key tasks will include the broader issues that limit those with access issues as well as disability and THAT upon the feedback to the Access Committee from the event, the suggestions will be forwarded to the various groups including Chambers of Commerce, tourist organisations, media, service providers, and a report will be presented to Council.

34/15 THAT Nicholas Wilton, Group Manager Development Services be invited to attend the next meeting on Monday 19 October 2015 to answer questions on development application compliance with access requirements

There are 2 recommendations that should be referred to relevant council officers for further investigation and determination:

28/15 THAT the appropriate signage be installed prior to the opening of the Visitor Information Centre for toilets and disabled access



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30/15 THAT the Traffic Committee investigates whether an aged crossing sign can be installed outside Mt Eymard, Bong Bong Road, Bowral at the pedestrian refuge.

MN 506/15

MOTION moved by Clr T D Gair and seconded by Deputy Mayor I M Scandrett THAT recommendations Nos AC 26/15 to AC 34/15 – as detailed in the Minutes of the Access Committee Meeting held on Monday, 17 August 2015 be dealt with as follows: (a) AC 26/15, 27/15, 291/5 and 31/15 to 34/15 be adopted by Council; (b) AC 28/15 and 30/15 be delayed pending further investigation and determination

by relevant Council officers; AND THAT any item with a budgetary implication and which is unfunded, be referred to the Finance Committee for consideration. PASSED



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18.3 Minutes of the Traffic Committee Meeting held on Friday 4 September 2015

Reference: 107/6 Report Author: Administration Officer Authoriser: Traffic Engineer Link to Corporate Plan: Provide safe and efficient road, cycle and where

appropriate, walking paths between and within town and villages, and conveniently located parking areas for cars and bicycles. Ideally, all roads serve to include provision for safe walking and cycling

PURPOSE This report provides the Minutes of the Traffic Committee meeting held on Friday, 4 September 2015. The Group Manager Planning, Development and Regulatory Services addressed Council on this matter.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION All

MN 507/15

MOTION moved by Clr J Uliana and seconded by Deputy Mayor I M Scandrett 1. THAT recommendation Nos TC68/15 to TC92/15 – as detailed in the Minutes of

the Traffic Committee meeting held on Friday, 4 September 2015 be adopted, save for any items with budgetary implications be delayed, pending consideration by the Finance Committee.

2. THAT in relation to Item 5.3 Parking Congestion Around Bowral Hospitals

(TC 70/15) - for the first two weeks of implementation of the signage, cautionary notices be issued to offending motorists.

3. THAT Council support the push to improve Macquarie Pass as an important link

between the coast and highlands by contributing a Councillor, being Clr J Uliana as Chair of the Traffic Committee, and the General Manager or her designated delegate, to a multi-disciplinary committee to campaign for upgrades to the route.

PASSED

Mayor L A C Whipper left the chambers, the time being 4.47 pm and returned to the meeting at 4.49 pm.



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18.4 Minutes of the Environment and Sustainability Committee Meeting held on Wednesday, 19 August 2015

Reference: 107/25 Report Author: Natural Resource Project Coordinator Authoriser: Manager Environment & Sustainability Link to Corporate Plan: Conserve the key natural resources of the Shire water

catchments, arable land, key wildlife corridors, vegetation and scenic landscapes

PURPOSE This report provides the Minutes of the Environment and Sustainability Committee Meeting held on Wednesday, 19 August 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION

There are two recommendations requiring Council adoption.

ES 18/15: Poles and Wires Draft Code of Practice THAT this Committee support, in principal: 1. the position of Council as presented to the 2014 Local Government NSW Annual

Conference in October 2014 in relation to all NSW councils gaining full control of their roadside verges,

2. the urgent preparation of a submission to the State Government, due 24 August 2015, on the current Code of Practice

3. this information is related to the Mayor and General Manager, as a matter of urgency, for consideration prior to the next Council meeting.

ES 20/15: Analysis and Preliminary Recommendations – Proposed Environmental Trust THAT the Committee endorses the three principles for the establishment and operation of the proposed Environmental Trust Fund (ETF), being: 1. Avoid duplicating programs or potentially threatening the ongoing viability of

Councils Environment Levy; 2. Avoid duplicating any effective activities of existing environmental Deductable Gift

Recipient organisations; 3. Address a “niche” market where there are significant opportunities for

environmental protection and management which are currently poorly funded. AND THAT the Committee supports further investigation into the feasibility and efficacy of the proposed ETF to operate as a “biodiversity credit purchaser” in the Shire, assisting in the delivery of the Green Web strategy; AND FURTHER THAT further investigations and analysis proceed as part of the Environment Levy’s Vegetation Conservation Program.

There is one recommendation that should be noted by Council:

ES 19/15: 2014/2015 Environment Levy Budget Expenditure: July – June



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THAT the budget expenditure summary for the period of July 2014 to June 2015 be noted.

MN 508/15

MOTION moved by Mayor L A C Whipper and seconded by Deputy Mayor I M Scandrett THAT recommendations Nos ES 17/15 to ES 20/15 – as detailed in the Minutes of the Environment and Sustainability Committee Meeting held on Wednesday, 19 August 2015 be adopted, save for any items which have budgetary implications AND THAT action on any item with budgetary implications be delayed, pending consideration by the Finance Committee. PASSED



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18.5 Minutes of the Community Development Committee held on Tuesday, 7 July 2015

Reference: 1800/58 Report Author: Community Development Coordinator Authoriser: Acting Coordinator Strategic Planning Link to Corporate Plan: Engage the under-represented in the life and decision

making of the Shire

PURPOSE This report provides the Minutes of the Community Development Committee Meeting held on Tuesday, 7 July 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION CDC 12/15:

To appoint Ms Sue Sainsbury Manager of the Highlands Community Centres as an additional Agency Representative for the Community Development Committee.

Expressions of Interest be readvertised seeking additional community representatives for Young People, People from Linguistically Diverse Communities, Children and Families and one Agency Representative.

MN 509/15

MOTION moved by Mayor L A C Whipper and seconded by Deputy Mayor I M Scandrett THAT recommendations Nos CDC 09/15 to CDC 15/15 – as detailed in the Minutes of the Community Development Committee Meeting held on 7 July 2015 be adopted, save for any items which have budgetary implications AND THAT action on any item with budgetary implications be delayed, pending consideration by the Finance Committee, subject to the correction to the Minutes with the addition of Acknowledgement of Country. PASSED



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18.6 Minutes of the Risk & Audit Committee Meeting held on Monday, 1 June 2015

Reference: 107/34 Report Author: Internal Audit Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE This report provides the Minutes of the Risk & Audit Committee Meeting held on Monday, 1 June 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION R&AC 10/15 1. THAT the Risk and Audit Committee note the content of the attached IAB Internal

Audit report of Fraud and Corruption Risk, and agree that the associated recommendations and management responses be referred to the Corporate Risk Group for implementation, monitoring, and subsequent reporting back to the Committee.

2. THAT the first report from Corporate Risk Group come back to the September meeting.

R&AC 11/15 THAT the Risk and Audit Committee note the content of the Agreed Audit Actions Report attached to the report AND THAT a Report on the status of actions from the Emergency Preparedness Audit (February 2015) be presented to the December 2015 meeting.

R&AC 12/15 THAT the Risk and Audit Committee approve the Draft Three-year Rolling Internal Audit plan attached to the report AND THAT a report on Fit for the Future be presented every six months from December 2015 or six months after the State Government decision.

R&AC 13/15 THAT the Risk and Audit Committee note the content of the IAB Risk and Audit Committee Internal Audit Status Report attached to the report.

R&AC 14/15 THAT the Risk and Audit Committee note the update on Council’s Risk Management Program AND THAT an update report from StateCover be reported to the March 2016 meeting.

The General Manager addressed Council on this matter.



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MN 510/15

MOTION moved by Clr T D Gair and seconded by Deputy Mayor I M Scandrett THAT recommendations Nos R&AC 9/15 to R&AC 14/15 – as detailed in the Minutes of the Risk & Audit Committee Meeting held on Monday, 1 June 2015 be adopted, save for any items which have budgetary implications AND THAT action on any item with budgetary implications be delayed, pending consideration by the Finance Committee. PASSED



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18.7 Minutes of the Risk & Audit Committee Meeting held on Monday, 7 September 2015

Reference: 107/34 Report Author: Internal Audit Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE This report provides the Minutes of the Risk & Audit Committee Meeting held on Monday, 7 September 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION R&AC 17/15 THAT every six months a brief update on Fit for the Future be included in the Committee agenda.

R&AC 18/15 THAT the Risk and Audit Committee note the content of the attached IAB Internal Audit Status report.

R&AC 19/15

1. THAT the Risk and Audit Committee note concerns raised by members in the meeting, and the content of the attached IAB internal audit of Commercial Property and Lease Management, and endorse the associated recommendations and management responses.

2. THAT the spreadsheets for the Commercial Leases and Licenses Register, the Finance Leases Register and the Lease Number Register be reconciled AND THAT a report be presented to the Committee meeting on 7 December 2015.

3. THAT in relation to the WIN TV lease, the Committee request urgent action AND THAT the status of the Lease be reported to the Committee meeting on 7 December 2015.

R&AC 20/15 THAT the Risk and Audit Committee note and accept the revised management responses as presented in the attached, amended report. [Asset Management Audit, November 2014].

R&AC 21/15 THAT the Risk and Audit Committee note the content of the attached Audit Issues Summary report, and All Current Audit Recommendations Follow-up report.

R&AC 22/15 1. THAT the Risk and Audit Committee note the update on Council’s Risk Management

Program. 2. THAT the Risk Management Program agenda item be listed for discussion at the

beginning of the 7 December meeting.



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MN 511/15

MOTION moved by Clr T D Gair and seconded by Deputy Mayor I M Scandrett THAT recommendations Nos R&AC 15/15 to R&AC 22/15 – as detailed in the Minutes of the Risk & Audit Committee Meeting held on Monday, 7 September 2015 be adopted, save for any items which have budgetary implications AND THAT action on any item with budgetary implications be delayed, pending consideration by the Finance Committee. PASSED



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19. QUESTIONS WITH NOTICE There were no Questions with Notice at this Meeting.



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MAYOR RESUMES THE CHAIR

MN 512/15

MOTION moved by Clr G McLaughlin and seconded by Clr G M Turland THAT Council move from Committee of the Whole back in Council, the time being 5.05 pm with the Mayor Clr L A C Whipper resuming the Chair to conduct the remainder of Council Business. PASSED

Clr J Uliana left the chambers, the time being 5.05 pm.



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13.4 Southern Highlands Global Association

Reference: 1600, 103/7 Report Author: Manager Economic Development Authoriser: Deputy General Manager Corporate, Strategy &

Development Services Link to Corporate Plan: Council to develop and implement a plan to give full

support to social and economic flourishing in the Shire, both directly and as a significant factor in its own right, and indirectly through facilitating broad-based community actions to drive social and economic development

PURPOSE This report deals with the recently formed Southern Highlands Global Association (SHGA) which is seeking to formalise a relationship with Council.

MN 513/15

MOTION moved by Clr T D Gair and seconded by Clr G McLaughlin

THAT the Motion be put. PASSED

Clr J Uliana returned to the meeting, the time being 5.08 pm.

MN 514/15

MOTION moved by Clr H R Campbell and seconded by Clr G M Turland

THAT Council takes the following actions: (a) Endorses this project. (b) Nominates the General Manager or her delegated representative to participate on the

project planning committee. (c) Where appropriate works with the Southern Highlands Global Association (SHGA) to



press release.



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AMENDMENT moved by Deputy Mayor I M Scandrett and seconded by Clr J G Arkwright THAT Council takes the following actions: (a) Endorses this project. (b) Nominates the following Council participants for the project planning

committee:

(i) The Chair of the Economic Development and Tourism Committee Deputy Mayor I M Scandrett as Councillor representative in an observer capacity with no voting rights.

(ii) The Manager Economic Development. (c) Where appropriate works with the Southern Highlands Global Association

(SHGA) to develop approaches to prospective associates. (e) Provides SHGA with appropriate letters of support on an ongoing “project by

project” basis. (f) Assuming actions (a) to (d) above occur, announce the decision to local media

via a press release.

ON BEING PUT TO THE MEETING IN OPEN COUNCIL THE VOTING ON THE AMENDMENT WAS TIED AT FOUR (4) VOTES ALL AND THE MAYOR USED HIS CASTING VOTE IN FAVOUR OF THE AMENDMENT

THE AMENDMENT BECAME THE MOTION

MOTION PASSED



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20. NOTICES OF MOTION

20.1 Notice of Motion 42/2015 - Mt Gibraltar Reserve - Fire Hazard

Reference: 100/4, 6527/15.8 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Councillor Holly Campbell has given notice that it is her intention to move the following motion at the Ordinary Meeting of Council on 23 September 2015: THAT Council and related authorities review the overwhelming fire hazard accumulation on Mt Gibraltar Reserve and immediately located properties and consider urgent action to clear the backlog of accumulated dead and damaged matter that is contributing significantly to an imminent bushfire threat, with the potential for loss of life and property, on Mt Gibraltar.

MN 515/15

MOTION moved by Clr H R Campbell and seconded by Clr G McLaughlin

1. THAT Council notes the proposed fire reduction burns by the Rural Fire Service

(RFS) this spring on Mt Gibraltar. 2. THAT Council request a report be provided by the RFS after the fire reduction

burns on Mt Gibraltar Reserve to ascertain whether any further burns are required.

PASSED



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20.2 Notice of Motion 43/2015 - Community Poll/Community Engagement

Reference: 100/4, 5704 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Councillor Garry Turland has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 23 September 2015: THAT Council hold a briefing session in relation to asking the community at the next Councillor election in 2016 items they would like for a community poll and community engagement between now and December 2015 to survey items they might be interested in for the community poll.

MN 51615

MOTION moved by Clr G M Turland and seconded by Clr H R Campbell

THAT Council hold a briefing session in relation to asking the community at the next Councillor election in 2016 items they would like for a community poll and community engagement to survey items they might be interested in for the community poll. LOST

ON BEING PUT TO THE MEETING THE VOTING ON THE MOTION WAS TIED AT FOUR (4) VOTES ALL AND THE MAYOR USED HIS CASTING VOTE AGAINST THE MOTION



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QUESTIONS FROM THE PUBLIC – COUNCIL MEETING WEDNESDAY, 23 SEPTEMBER

2015

RELOCATION OF ROBERTSON POST OFFICE Mrs Patricia Muir asked re the redevelopment plan for Robertson: (i) Why was there no public discussion for the relocation of the Post Office from its

present location to the rear of the Robertson Motel? (ii) What was building for relocation allowed to start without a DA and no notification to

Australia Post, and the building renovation continues still today? (iii) There is poor access from the main road and the closeness to the school is

dangerous. Why was this not considered? REPLY FROM GROUP MANAGER PLANNING, DEVELOPMENT & REGULATORY SERVICES Development Application 15/0849 which seeks development consent to occupy a portion of the premises at 65 Hoddle Street, Robertson as a Post Office was lodged 1 September 2015. The application was neighbour notified from 2 September to 16 September 2015 and 6 submissions were received from the public as a result of neighbour notification process. Council was provided a copy of a letter from Robertson Post Office to its customers advising of a relocation of the Post Office to 65 Hoddle Street, Robertson. Within 24 hours of receipt of this letter, Council advised the owners / operators that such a use required development consent from Council. A Development Application was lodged 3 days later on 1 September 2015. It is considered that the works in isolation are exempt development not requiring development consent. Notification to Australia Post is the responsibility of the franchisee, however, following a letter being received by the Council advising that all approvals are in place by Australia Post, Council has made contact with the service and clarified that the development application determination remains outstanding. The site is zoned B2 Local Centre under WLEP 2010. The proposed use is permissible, subject to the consent of Council. Should approval be granted, a condition of consent will require access for people with disabilities by means of a continuous path of travel in accordance AS 1428.1 and the Building Code of Australia. This will apply from the allotment boundary at the main points of entry, from carparking, and from any adjacent and associated accessible building on the allotment, and through the principal public entrance. The proposed Post Office is within a precinct which contains numerous public buildings including Robertson Police Station, Robertson School of Arts, Robertson Primary School, and is not considered inconsistent with such uses.



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Should approval be granted, a condition of consent will require 13 off street vehicular parking spaces to be line marked. 13 on site car spaces satisfies Robertson Village Development Control Plan requirements for the existing 6 room motel and café use, and the proposed Post Office use. If the development is considered favourably a condition of consent will require provision of a loading bay to provide for safe off-street loading and unloading of vehicles servicing the site and prevent interference with the use of the public road by vehicles and pedestrians.



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21. GENERAL BUSINESS 1. TULIP TIME STREET PARADE 1671/8.5 Clr G M Turland referred to the Tulip Time Parade and requested that a review of the Council guidelines be provided as to the breaches by the Mayor Larry Whipper and Deputy Mayor Ian Scandrett standing, without adherence to Council’s conditions, as follows: “(c) If participants will be standing on a float at any time during the parade, a safety rail,

not less than 900mm at its lowest point must be installed. (e) No person is to sit or travel near the edge of the float and three points of contact must

be maintained by persons at all times. (l) Each float must provide 2 marshals (walking) to assist with crowd control and

positioned to warn the driver if any problems eventuate.” Clr Turland advised that he would table the following documents: (i) Tulip Time Street Parade Participant Terms & Conditions, (ii) Photograph, and (iii) Press articles. The General Manager advised that Clr Turland should bring this matter to Council as a Notice of Motion as it was a much more detailed matter than should be dealt with in General Business.

2. TULIP TIME STREET PARADE 1671/8.5 Clr G M Turland advised that at the Tulip Time Parade Clr Scandrett, Deputy Mayor, was intending to install on the parade fire truck SHCAG signs and asked if he can explain his reason for this and asked if is it Council’s position to allow this political agenda at a community event. The Mayor Clr L A C Whipper advised that when he was on the vehicle there were no coal signs on the vehicle.

3. DWELLING UNDER CONSTRUCTION AT 12F ROSE STREET, BOWRAL LUA 13/0318.02 Clr G M Turland referred to a building under construction at 12F Rose Street, Bowral and asked for an update on what is happening, as the neighbours are complaining that the building height and distance from the boundary do not comply with the Building Code of Australia and Council’s DCP. Clr Turland advised that there have been numerous documents forwarded to Council but no response to the owner at this stage. Clr Turland tabled a letter from Rein Warry and Co Pty Ltd to Council dated 16 June 2015.



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4. EARTHWORKS REMEDIATION ON RANGE ROAD, MITTAGONG PN1727550, PN1727540 Clr H R Campbell referred to a question that she put in at the last meeting and asked if she could have the hard copy returned. The General Manager advised that the question was not published and the answer was that the matter had been dealt with in Closed Council. [It was noted that the hard copy of the question was returned to Clr Campbell immediately after the question was asked].

5. POTHOLES ON KIRKHAM ROAD, BOWRAL 7810/3, RD1569, RD1529, RD1518, RD 1615 Clr J Uliana referred to potholes on the northern end of Kirkham Road, Bowral, and asked if they can be inspected as a matter of urgency. Clr Uliana also noted that there are potholes on the corner of Centennial Road and Boronia Street and also at the southern end of Station Street towards the Kangaloon Road roundabout, and asked if these potholes can be attended to. The General Manager advised that it is a long list of potholes requiring repair but will take the question on notice.

6. REPRESENTATION TO THE NSW PREMIER 101, 1460/23 Clr J G Arkwright referred to an article in today’s Sydney Morning Herald reporting the Premier’s diary as containing an announcement that the Premier had received official representations from Councils alphabetically as far afield as from “Auburn to Wingecarribee”. Clr Arkwright asked for clarification as to whether there was an official visit over the last 12 months between the period of September 2014 - 2015 by the previous Mayor Clr Gair or the General Manager or senior staff and what the subject matter was. The General Manager advised that she had not made such a visit. Clr T D Gair advised that he had not made any representations to the Premier.

7. POTHOLE ON McGRATHS ROAD, BURRAWANG RD2012, 7810/3 Clr J G Arkwright referred to a deep pothole on the corner of McGraths Road and the Illawarra Highway at Burrawang, noting that it is a very tricky situation due to its proximity to the highway and could cause a problem.



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8. TULIP TIME 1671/8 Deputy Mayor I M Scandrett asked if the General Manager could confirm that last weekend was a record attendance at Tulip Time, with visitations on Sunday in excess of 5,000. The General Manager advised that yes it was, as was reported in the press.

9. POTHOLES RD1529, 7810/3 Deputy Mayor I M Scandrett advised that potholes are very important core business and asked that in view of the safety implications such as had been seen on Centennial Road with the recent cycle accident there and that as these matters have been ventilated in the Chamber, if there is now a legal notification in front of us. Clr J G Arkwright left the chambers, the time being 5.54 pm. The General Manager advised that Council has limited resources, that the Shire is 2,700 square kilometres and there are many requests from all sources for repairs to potholes, and that they are being prioritised. The General Manager advised that a crew cannot be taken from one end of the Shire to the other and that the repairs need to be done in some sequential order to get optimal results.

Clr J G Arkwright returned to the meeting, the time being 5.57 pm.



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22. CLOSED COUNCIL

MOVING INTO CLOSED SESSION 107/9

At this juncture, the time being 5.57 pm, Council moved into Closed Council.

MN 517/15

MOTION moved by Clr T D Gair and seconded by Clr G McLaughlin

1. THAT Council moves into Closed Council in accordance with the requirements

of Section 10A(2) of the Local Government Act 1993 as addressed below to consider the following reports that are confidential for the reasons specified below:

22.1 Legal Affairs

Relevant Legal Provisions This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(g) as it contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and 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 and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

Brief description Reporting the ongoing management of legal issues since last reported to Council on 26 August 2015.

2. THAT the minutes of the Closed Council part of the meeting (being the Council’s

resolution) be made public. PASSED



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22.1 Legal Affairs

Reference: 107/22 Report Author: General Counsel Authoriser: General Manager Link to Corporate Plan: Ensure systems and processes are in place to achieve


CONFIDENTIAL ITEM

This report is confidential in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(g) as it contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and 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 Reporting the ongoing management of legal issues since last reported to Council on 26 August 2015.

The General Counsel addressed Council on this matter.

MN 518/15

MOTION moved by Clr T D Gair and seconded by Clr H R Campbell THAT the information contained in the Legal Affairs report be noted. PASSED



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23. RESUMPTON OF OPEN COUNCIL

107/10

MN 519/15

MOTION moved by Clr T D Gair and seconded by Clr H R Campbell THAT Council moves from Closed Council into Open Council. PASSED

No members of the public were present in the Chamber.

ADOPTION OF CLOSED COUNCIL

107/9

MN 520/15

MOTION moved by Clr T D Gair and seconded by Clr H R Campbell THAT the recommendations of the Closed Council held on Wednesday, 23 September 2015 being MN 518/15 be adopted. PASSED

24. ADOPTION OF COMMITTEE OF THE WHOLE

107/10

MN 521/15

MOTION moved by Clr T D Gair and seconded by Clr H R Campbell THAT the recommendations of the Committee of the Whole held on Wednesday, 23 September 2015 being MN 494/15 to MN 512/15 be adopted. PASSED



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25. MEETING CLOSURE

THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 6.17 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 September 2015 numbered M/N 487/15 to M/N 521/15 were signed by me hereunder at the Council Meeting held on Wednesday 14 October 2015.

CHAIRMAN

READ AND CONFIRMED ON WEDNESDAY, 14 OCTOBER 2015

CHAIRMAN PUBLIC OFFICER

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