minutes of ordinary meeting of council - 26 august 2015€¦ · ordinary meeting of council held in...

MINUTES

of the

Ordinary Meeting of Council

held in

Council Chambers

Civic Centre, Elizabeth Street, Moss Vale

on

Wednesday 26 August 2015

Wednesday 31 The meeting commenced at 3.03 pm

Note the earlier commencement time for the meeting due to presentation by Southern Highlands Coal Action Group

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 Graham McLaughlin

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 12 August 2015

6. BUSINESS ARISING ...................................................................................... 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

10.1 DA 15/0180 Proposed Temporary Use of Land for Outdoor Concerts - Centennial Vineyard, 254 Centennial Road, Bowral ...........................10

11. EN BLOC MOTION .......................................................................................12

Nil .............................................................................................................12

12. OPERATIONS FINANCE & RISK .................................................................13

12.1 Request to Purchase, 86-90 Merrigang Street, Bowral .........................13

12.2 Easement to Drain Water over Council Property, 162 Bowral Street, Bowral ..................................................................................................14

12.3 Mittagong Swimming Centre - Electrical Works Update ........................15

12.4 Investment Report as at 31 July 2015 ...................................................16

12.5 Bowral Distributor Road - Project Management Tender ........................17

12.6 Robertson Sewerage Scheme - Bowling Club Sewer Connection .........18

13. CORPORATE STRATEGY & DEVELOPMENT SERVICES .........................19

Nil .............................................................................................................19

14. GENERAL MANAGER ..................................................................................20

14.1 Annual Hill Top RFS Garage Sale Fundraiser .......................................20



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14.2 Proposed Community Engagement Approach for Special Rate Variation - Investing in our Future .........................................................21

14.3 Kaifeng - Sister City Relationship ..........................................................22

MAYOR RESUMES THE CHAIR

QUESTIONS FROM THE PUBLIC

14.4 Request for Leave of Absence - Clr Graham McLaughlin .....................27

14.5 Staff Matter ...........................................................................................28

14.6 Legal Affairs ..........................................................................................29

15. DELEGATE REPORTS .................................................................................30

Nil .............................................................................................................30

16. PETITIONS ....................................................................................................31

Nil .............................................................................................................31

17. CORRESPONDENCE FOR ATTENTION ......................................................32

Nil .............................................................................................................32

18. COMMITTEE REPORTS ...............................................................................33

18.1 Minutes of the Finance Committee Meeting held on Wednesday, 19 August 2015 .........................................................................................33

18.2 Minutes of the Economic Development & Tourism Committee Meeting held on Tuesday, 11 August 2015 ...........................................34

19. QUESTIONS WITH NOTICE .........................................................................35

Nil .............................................................................................................35

20. NOTICES OF MOTION ..................................................................................36

20.1 Notice of Motion 37/2015 - Lot 12 Range Road, Mittagong ...................36

20.2 Notice of Motion 38/2015 - Report of Judgment of Lot 11 Range Road, Mittagong ...................................................................................38

21. GENERAL BUSINESS ..................................................................................39

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

22. CLOSED COUNCIL.......................................................................................40

Moving into Closed Session ...........................................................................40

22.1 Staff Matter ...........................................................................................43

22.2 Offer to Purchase, 86-90 Merrigang Street, Bowral ...............................44

22.3 Bowral Distributor Road - Project Management Tender ........................45

22.4 Robertson Sewerage Scheme - Bowling Club Sewer Connection .........46

22.5 Legal Affairs ..........................................................................................47

Resumption of Open Council .........................................................................49

Adoption of Closed Council ............................................................................49

23. ADOPTION OF COMMITTEE OF THE WHOLE ............................................50



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24. MEETING CLOSURE ....................................................................................51



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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 26 AUGUST 2015 COMMENCING AT 3.03 PM

Present: Clr T D Gair (Mayor – in the Chair)

Clr J G Arkwright Clr H R Campbell Clr J R Clark Clr I M Scandrett Clr G M Turland Clr J Uliana Clr L A C Whipper

In Attendance: General Manager Ms Ann Prendergast

Acting Deputy General Manager Operations, Finance and Risk Mr John Burgess Deputy General Manager Corporate, Strategy and Development Services Mr Mark Pepping Acting Group Manager Corporate and Community Mr Nick O’Connor Group Manager Planning, Development and Regulatory Services Mr Nicholas Wilton General Counsel Ms Christine Cunningham Chief Financial Officer (in part) Mr Richard Mooney Integrated Planning & Reporting Coordinator (in part) Ms Danielle Lidgard Manager Projects & Contracts (in part) Mr Bob Lewis Administration Officer Ms Liz Johnson

Also in Attendance: Mr Chris Shaw, from Swaab Attorneys, a member of Council’s Legal

Panel (in part)

1. OPENING OF THE MEETING The Mayor Clr T D Gair opened the meeting and welcomed members of the public and the press, and requested Clr L A C Whipper to undertake Acknowledgement of Country.

2. ACKNOWLEDGEMENT OF COUNTRY Clr Larry 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.”



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3. PRAYER The meeting was opened with the Civic Prayer.

PRESENTATION BY MR PETER MARTIN OF THE SOUTHERN HIGHLANDS COAL

ACTION GROUP

100/1

The Mayor Clr T D Gair advised that he had agreed to allow photographs to be taken during this presentation and for the presentation to be recorded. He advised that photographs had been allowed at the commencement of the last Council Meeting, but that will not be repeated. The Mayor advised that following Mr Martin’s presentation he would allow Councillors to ask one question each of Mr Martin, and if time permitted members of the public could also ask questions. The Mayor acknowledged Mr Greig Duncan, Project Director, Hume Coal Project as an observer and advised that apologies had been received from The Hon Pru Goward, MP and Mr Jai Rowell, MP. The Mayor welcomed Mr Peter Martin for the presentation. The presentation concluded at 3.48 pm. The Mayor extended an invitation to Hume Coal to make a presentation to Council at a future time. The Mayor requested that the Meeting be suspended for a period of 3 minutes whilst members of the public cleared the gallery. The Meeting resumed at 3.51 pm.



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4. APOLOGY

PERS

MN 424/15

MOTION moved by Clr J R Clark and seconded by Clr L A C Whipper THAT the apology of Clr Graham McLaughlin be accepted and leave of absence granted. PASSED

5. CONFIRMATION OF MINUTES

100/1

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY, 12 AUGUST 2015

MN 425/15

MOTION moved by Clr L A C Whipper and seconded by Clr J R Clark THAT the minutes of the Ordinary Meeting of Council held on Wednesday, 12 August 2015 MN 389/15 to MN 423/15 inclusive, copies of which were forwarded to Councillors, be adopted as a correct record of the proceedings of the meeting. PASSED

The General Manager left the Chamber at 3.49 pm and the Acting Deputy General Manager Operations, Finance & Risk moved into the Chair vacated by the General Manager.



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6. BUSINESS ARISING 1. ITEM NO 10.2 – DA 14/1329 TEMPORARY USE OF AN EXISTING BARN FOR

WEDDING RECEPTIONS – MONTROSE BERRY FARM, 11 ORMOND STREET, SUTTON FOREST 14/1329

Clr I M Scandrett asked for an update with what is happening on this matter. The Group Manager Planning, Development and Regulatory Services addressed Council and advised that two matters were recently lodged with the Land & Environment Court in relation to DA 14/1329 and DA 14/1322. He advised that it is his understanding that one of those applications has now been discontinued and the second application in relation to some conditions of consent that Council applied, and those conditions relate to the 12 month approval, is proceeding.

Clr L A C Whipper asked if the Mayor could reiterate to members of the public who had just entered the Chamber about the recording of the Meeting. The Mayor Clr T D Gair advised that there are no photographs to be taken of this part of the meeting or recording other than Council’s official recording machine.



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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.

101/3, 6330/15.6

Clr G M Turland declared a pecuniary interest in Item 12.5 – Bowral Distributor Road – Project Management Tender - as he owns property in Station Street, Bowral on the distributor road. He stated that he will be absent from the Chamber for consideration of that item.

101/3.1, PN1727550

Clr J Uliana declared a less than significant non-pecuniary interest in Item 20.1 – Notice of Motion 37/2015 – Lot 12 Range Road, Mittagong - as he believes the motion is belittling to his family. He stated that in the interest of continuance he will be absent from the Chamber for consideration of that item.

101/3.1, 502/91, PN1727540

Clr J Uliana declared a less than significant non-pecuniary interest in Item 20.2 – Notice of Motion 38/2015 – Report of Judgment of Lot 11 Range Road, Mittagong – as he believes the motion is belittling is family. He stated that in the interest of continuance he will be absent from the Chamber for consideration of that item.

101/3.1, 107/22

Clr J Uliana declared a less than significant non-pecuniary interest in Item 22.5 – Legal Affairs – part 2(b) in the matter of O’Shanassy. He stated that in the interest of continuance he will be absent from the Chamber for consideration of that item.

The General Manager returned to the meeting at 3.57 pm.



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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.



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COMMITTEE OF THE WHOLE

107/10

MN 426/15

MOTION moved by Clr I M Scandrett and seconded by Clr L A C Whipper 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 Juliet Arkwright 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

10.1 DA 15/0180 Proposed Temporary Use of Land for Outdoor Concerts - Centennial Vineyard, 254 Centennial Road, Bowral

Reference: 15/0180 Report Author: Town Planner Authoriser: Acting Team Leader Town Planning Applicant: Lee Environmental Planning Owner: Windbelt P/L Link to Corporate Plan: Strengthen the connectivity, liveability and vibrancy of

towns and villages

PURPOSE This report considers a development application for the temporary use of the Centennial Vineyards site for outdoor concerts. The application has not supplied sufficient information at this time for determination by way of approval. The applicant is not willing at this stage to submit a noise report, or to consider an alternate location, however is seeking a determination. Consequently, this report is prepared for consideration and recommends deferral of the application pending the submission of additional information. Mr Geoff Lomman, an objector, addressed Council on this matter. Mr Scott Lee, the applicant, addressed Council on this matter.

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

VOTING ON THE MOTION

Councillors are required to record their votes on this matter.

MN 427/15

MOTION moved by Clr I M Scandrett and seconded by Clr J Uliana

THAT development application 15/0180 for the temporary use of land for outdoor concerts at Centennial Vineyard, 254 Centennial Road, Bowral being Lot 1 DP 435373, Lot 5A DP 16192 and Lot 1 DP 126196, be APPROVED for a maximum of two (2) concerts per year for five (5) years AND THAT the General Manager be delegated authority to impose suitable conditions.



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AMENDMENT moved by Mayor T D Gair and seconded by Clr G M Turland

THAT development application 15/0180 for the temporary use of land for outdoor concerts at Centennial Vineyard, 254 Centennial Road, Bowral being Lot 1 DP 435373, Lot 5A DP 16192 and Lot 1 DP 126196, be APPROVED for a maximum of five (5) concerts per year up to the end of 2022 AND THAT the General Manager be delegated authority to impose suitable conditions.

Clr J R Clark advised that he was foreshadowing an Amendment which was the staff recommendation.

THE AMENDMENT WAS PUT TO THE VOTE AND PASSED

THE FORESHADOWED AMENDMENT WAS WITHDRAWN

VOTING ON THE AMENDMENT

For the Amendment: Clr J G Arkwright, Clr H R Campbell, Mayor T D Gair, Clr G M Turland, Clr J Uliana and Clr L A C Whipper

Against the Amendment: Clr J R Clark and Clr I M Scandrett

THE AMENDMENT BECAME THE MOTION

THE MOTION WAS PUT TO THE MEETING AND PASSED


For the Motion: Clr J G Arkwright, Clr H R Campbell, Mayor T D Gair, Clr G M Turland, Clr J Uliana and Clr L A C Whipper

Against the Motion: Clr J R Clark and Clr I M Scandrett



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11. EN BLOC MOTION

There was no En Bloc Motion at this Meeting.



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12. OPERATIONS FINANCE & RISK

12.1 Request to Purchase, 86-90 Merrigang Street, Bowral

Reference: PN944200 Report Author: Senior Property Officer Authoriser: Manager Business Services Link to Corporate Plan: Ensure systems and processes are in place to achieve

mutual trust and collaboration

PURPOSE The objective of this Report is for Council to consider its position in relation to a request made to Council to purchase the property known as 86-90 Merrigang Street, Bowral. This report contains information that, if disclosed, would confer a commercial advantage on parties with whom Council is conducting business. As such, it is recommended that the report be considered by Council in Closed Council.

MN 428/15

MOTION moved by Clr G M Turland and seconded by Mayor T D Gair THAT the report concerning request for transfer 86-90 Merrigang Street, Bowral – Item 22.2 – be considered in Closed Council. PASSED The Chairperson offered the opportunity to members of the public to make representations to Council as to why this item should not be considered in Closed Council. No objections were received from the members of the public.



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12.2 Easement to Drain Water over Council Property, 162 Bowral Street, Bowral

Reference: PN7000, PN1789460 Report Author: Senior Property Officer Authoriser: Manager Business Services Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The objective of this report is to request Council to consider the grant of an easement to drain water over Council property at 162 Bowral Street Bowral (‘the Council property’), benefitting a newly constructed home at 22 Albert Street, Bowral (‘the Adjoining property’).

MN 429/15

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

1. THAT the General Manager be delegated authority to negotiate an agreement

with the owner of the adjoining property for the granting of the easement to drain water 2 metres wide over Council property known as 162 Bowral Street, Bowral in favour of 22 Albert Street, Bowral AND THAT it be noted that the compensation has been assessed at Five Thousand Dollars ($5,000.00) exclusive of G.S.T.

2. THAT all costs of the granting of the easement to drain water referred to in

Resolution 1 above including compensation, surveying, legal and registration fees together with installation of two (2) pits, one within the property adjoining 162 Bowral Street Bowral and one within the road reserve be paid by the owner of the adjoining property.

3. THAT it be noted that the compensation paid to Council by the applicant for the

granting of the easement to drain water of 162 Bowral Street, Bowral be paid toward the cost of a generic Plan of Management for the subject property and other community land with similar nature and function. .

4. THAT priority is given to drafting and adoption of the generic Plan of

Management referred to in resolution 3 above. 5. THAT the General Manager and Mayor be delegated authority to execute any

Agreement or Real Property Dealing under the Common Seal of the Council to grant the easement to drain water 2 metres wide over the Council property known as 162 Bowral Street, Bowral.

PASSED



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12.3 Mittagong Swimming Centre - Electrical Works Update

Reference: 6330/14.39 Report Author: Manager Projects & Contracts Authoriser: Acting Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Provide structure in the Shire to encourage physical

activities and enable access

PURPOSE To identify a funding source for electrical infrastructure works at the Mittagong Swimming Centre.

The General Manager addressed Council on this matter.

MN 430/15

MOTION moved by Clr G M Turland and seconded by Clr J R Clark

1. THAT the report in relation to the Mittagong Swimming Centre – Electrical

Works Update - be received and noted. 2. THAT Council endorse that an amount of $163,000 for electrical infrastructure

work at the Mittagong Swimming Centre is funded from the Capital Projects Reserve.

PASSED



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12.4 Investment Report as at 31 July 2015

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


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 July 2015.

MN 431/15

MOTION moved by Clr I M Scandrett and seconded by Mayor T D Gair THAT the information on Council’s Investments as at 31 July 2015 be received and noted. PASSED



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12.5 Bowral Distributor Road - Project Management Tender

Reference: 6330/15.6 Report Author: Manager Projects & Contracts Authoriser: Manager Organisational Development Link to Corporate Plan: Council actively facilities and supports the coordinated use

of existing public and private facilities to ensure equitable access

PURPOSE To discuss a preferred consultant from an open tender for the provision of Project Management services for the design and construction of the Bowral Distributor Road.

MN 432/15

MOTION moved by Mayor T D Gair and seconded by Clr J R Clark THAT the report concerning Bowral Distributor Road – Project Management Tender - be considered in Closed Council – Item 22.3. PASSED The Chairperson offered the opportunity to members of the public to make representations to Council as to why this item should not be considered in Closed Council. No objections were received from the members of the public.



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12.6 Robertson Sewerage Scheme - Bowling Club Sewer Connection

Reference: 7650 Report Author: Manager Projects & Contracts Authoriser: Manager Organisational Development Link to Corporate Plan: Conserve the key natural resources of the Shire water

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

PURPOSE To describe issues surrounding the provision of a sewer connection for the Robertson Bowling Club and seek direction from Council on the matter.

This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)d(i) as it contains information that would, if disclosed, confer a commercial advantage on a competitor of the council and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

MN 433/15

MOTION moved by Clr L A C Whipper and seconded by Clr I M Scandrett THAT the report concerning Robertson Sewerage Scheme – Bowling Club Sewer Connection - be considered in Closed Council – Item 22.4. PASSED

The Chairperson offered the opportunity to members of the public to make representations to Council as to why this item should not be considered in Closed Council. No objections were received from the members of the public.



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13. CORPORATE STRATEGY & DEVELOPMENT SERVICES

There were no Corporate, Strategy & Development Services reports at this Meeting.



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14. GENERAL MANAGER

14.1 Annual Hill Top RFS Garage Sale Fundraiser

Reference: 1732/3 Report Author: Organisational Support Officer Authoriser: General Manager Link to Corporate Plan: Increase community inclusion, cohesion and social

interaction

PURPOSE The purpose of this report is to seek Council’s support of the Annual Hill Top RFS Station Garage Sale Fundraiser to be held on 12 and 13 September 2015.

MN 434/15

MOTION moved by Clr I M Scandrett and seconded by Clr G M Turland THAT Council supports the Hill Top RFS Garage Sale Fundraiser by donating a maximum of $500 towards garbage disposal costs. PASSED



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14.2 Proposed Community Engagement Approach for Special Rate Variation - Investing in our Future

Reference: 200/11, 5704/2.6 Report Author: Integrated Planning & Reporting Coordinator Authoriser: General Manager Link to Corporate Plan: Ensure the implementation and review of Wingecarribee

2031+, and plan by continuing engagement with the community

PURPOSE This report seeks Council’s consideration and adoption of a proposed community engagement approach for the Special Rate Variation – Investing in our Future project.

The Acting Group Manager Corporate & Community addressed Council on this matter.

MN 435/15

MOTION moved by Mayor T D Gair and seconded by Clr G M Turland THAT Council endorse the proposed approach to and commencement of the engagement process for a Special Rate Variation commencing in 2016/17 consistent with Council’s Fit for the Future Improvement Proposal. PASSED



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14.3 Kaifeng - Sister City Relationship

Reference: 103/7 Report Author: Deputy General Manager Corporate, Strategy &

Development Services Authoriser: General Manager Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE To advise Council of correspondence received from representatives from Kaifeng Municipal Government, China seeking endorsement of a visit by Kaifeng representatives to Wingecarribee Shire in November 2015.

The General Manager left the Chamber at this juncture, the time being 5.15 pm and the Deputy General Manager Corporate, Strategy & Development Services moved into the Chair she had vacated.

MN 436/15

MOTION moved by Clr I M Scandrett and seconded by Clr J Uliana

1. THAT Council support the visitation from Kaifeng City during November 2015. 2. THAT Council confirms with Kaifeng City that this is a business and trade visit AND

THAT Council through its Economic Development Manager, interested Councillors and business people work towards a program for that visit.

The Mayor Clr T D Gair foreshadowed a Motion if the Motion was not passed.

THE MOTION WAS PUT TO THE VOTE AND LOST


For the Motion: Clr I M Scandrett and Clr J Uliana

Against the Motion: Clr J G Arkwright, Clr H R Campbell, Clr J R Clark, Mayor T D Gair, Clr G M Turland and Clr L A C Whipper

The General Manager returned to the Meeting at 5.26 pm.



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MOTION moved by Mayor T D Gair and seconded by Clr H R Campbell 1. THAT Council write to the Mayor of Kaifeng City noting Council’s previous

resolution not to renew the Sister City Agreement AND THAT due to the current reforms being undertaken in Local Government in NSW, Council is not in a position to host Kaifeng representatives.

2. THAT Council encourage the Mayor of Kaifeng City to contact our local

Business Chambers and interested parties AND THAT the Economic Development Manager be requested to pass on contact details of such business groups and interested parties to the Mayor of Kaifeng City.

3. THAT at a future convenient time an information session be held for Councillors

to discuss the future economic strategies for establishing trade and commercial relationships with other countries.

MOTION PASSED


For the Motion: Clr J G Arkwright, Clr H R Campbell, Clr J R Clark, Mayor T D Gair, Clr G M Turland and Clr L A C Whipper

Against the Motion: Clr I M Scandrett and Clr J Uliana



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MAYOR RESUMES THE CHAIR

MN 437/15

MOTION moved by Clr J R Clark and seconded by Clr G M Turland THAT Council move from Committee of the Whole back in Council, the time being 5.43 pm with the Mayor Clr T D Gair resuming the Chair to conduct the remainder of Council Business. PASSED

The Mayor Clr T D Gair welcomed Mr Chris Shaw from Swaab Attorneys, a member of Council’s Legal Panel, to the Meeting.



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QUESTIONS FROM THE PUBLIC

1. LUA 14/1096 – LOT 3048 DP 1174913 BUILDING APPROVAL 100/10, 14/1096 Barry and Margaret Graham asked: Part C Residential Zoned Land Section 18 Renwick Precinct Development Controls (f) states: Height of sub-floor wall under the ground floor level is to be a maximum of 1.5 metres above the finished ground level at any point. Lot 3048 DP 1174913 has been granted building approval without complying to this clause (f). The rear of the dwelling has sub-floor heights of between 2 metres and 2.5 metres above ground level. Why has this building been approved when it is in clear breach of clause (f)? REPLY FROM GROUP MANAGER PLANNING, DEVELOPMENT & REGULATORY SERVICES An application was received 14 October 2014 for a single storey brick veneer dwelling on Lot 3048 DP 1174913 No 39 Cupitt Street Renwick and the application was neighbour notified on between 3 and 20 November 2014 due to the elevated height of the dwelling. Two submissions were received in regard to the proposed dwelling in regard to the setback from the rear boundary and overshadowing issues. The applicant was requested by Council on 25 November 2014 to modify their application in regard to the rear boundary setback. Amended plans were received on 16 December 2014 with a compliant rear boundary setback and the amended application was neighbour notified between 18 December 2014 to 13 January 2015. Cl A6.4 of the DCP provides ‘In undertaking the site analysis, applicants are reminded that Council expects that new development be designed to respond to a site’s topography. Cut and fill is not considered an acceptable alternative to responsive design’. The application is of bearers and joists construction to follow the natural fall of the land with least disturbance to the original landform and not the normal cut and fill construction of slab on ground which provides for drainage issues, retainment of cut and fill and not an acceptable alternative to a responsive design. DCP C2.9.2 Specific Controls All applications for residential development shall comply with the following controls: (a) The maximum height of a dwelling house shall not exceed two (2) storeys, ‘storey’

being as defined in Section C1.5.ie 9.0m



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Height of the proposed dwelling is 8.0m and complies with Cl 2.9.2. The assessment of the application was completed on 29 January 2015 by way of approval, with the notice of determination issued on the 3 February 2015. The parties that provided a submission were advised of the amended design and final outcome of the application on 4 February 2015.

2. LOT 12 RANGE ROAD, MITTAGONG 100/10, PN1727550 Mr Charlie Johns asked a question addressed to Clr Uliana REPLY FROM ACTING GROUP MANAGER CORPORATE & COMMUNITY Mr Johns’ first question cannot be read out. The question breaches clause 10.9.5 of the Code of Meeting Practice (by breaching clause 4.2.1(d)).

3. LOT 12 RANGE ROAD, MITTAGONG 100/10, PN1727550 Mr Charlie Johns asked: Why haven’t Council taken the approved legal action on unauthorised earthworks and illegal removal of trees at Lot 12 Range Road, Mittagong when the motions passed have never been rescinded. These motions have appeared in the Minutes circulated publicly on:

23 November 2011 9 May 2012 27 June 2012 27 July 2012

REPLY FROM GENERAL COUNSEL Council has taken the action required by the resolutions passed by Council in relation to this matter and in accordance with legal advice. As it is a legal matter Council’s actions have been regularly reported back to Council in closed session.

4. LOT 12 RANGE ROAD, MITTAGONG 100/10, PN1727550 Mr Charlie Johns asked: Is this failure to action in the best interest of the ratepayers of the shire? REPLY FROM ACTING GROUP MANAGER CORPORATE & COMMUNITY Council does not accept the basis of this question. All action taken has been in the best interests of ratepayers.



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14.4 Request for Leave of Absence - Clr Graham McLaughlin

Reference: Pers, 101/1 Report Author: PA for Mayor / Administration Team Leader Authoriser: General Manager Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Reporting on a request from Councillor Graham McLaughlin for leave of absence

MN 438/15

MOTION moved by Clr L A C Whipper and seconded by Clr G M Turland THAT Councillor Graham McLaughlin be granted leave of absence from all Council commitments on Wednesday, 26 August 2015, including the Ordinary Meeting of Council and Council Briefing Sessions to be held that day. PASSED



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14.5 Staff Matter

Reference: Pers, 800 Report Author: General Manager Authoriser: General Manager Link to Corporate Plan: Provide opportunities to participate in futures thinking and

nurture ideas

PURPOSE The purpose of this report is to address a staff matter in Closed Council.

MN 439/15

MOTION moved by Mayor T D Gair and seconded by Clr J R Clark

THAT Council adopt the recommendations contained within the Closed report in relation to Staff Matter - Item 22.1 – as follows: 1. THAT the very satisfactory performance of the General Manager over the period

of September 2014 to 30 June 2015 be noted AND THAT Ms Prendergast be congratulated on her diligence, commitment and integrity.

2. THAT Council note the formal correspondence presented to Ms Prendergast

dated 13 August 2015 outlining the comments of the General Manager Review Committee.

PASSED



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14.6 Legal Affairs

Reference: 107/22 Report Author: General Counsel Authoriser: Acting Group Manager Corporate & Community 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 22 July 2015.

The General Manager addressed Council on this matter.

MN 440/15

MOTION moved by Clr J G Arkwright and seconded by Clr I M Scandrett

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 The Mayor Clr T D Gair offered the opportunity to members of the public to make representations to Council as to whether this item should not be considered in Closed Council. A member of the press asked what matters would be discussed in Closed Council. The Mayor Clr T D Gair read the matters that would be dealt with in Closed Council. There were several objections from members of the public in relation to the matters being discussed in Item 22.5 - Legal Affairs report in Closed Council. The General Manager addressed the Meeting on the matter. The Mayor Clr T D Gair advised that the Legal Affairs report – Item 22.5 - would be dealt with in Closed Council. The Mayor advised that the vote on this matter would be recommitted. Upon the vote being retaken the Mayor noted that Clr I M Scandrett, Clr G M Turland and Clr H R Campbell voted against the motion.



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15. DELEGATE REPORTS There were 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 Finance Committee Meeting held on Wednesday, 19 August 2015

Reference: 107/21 Report Author: Administration Officer Authoriser: Chief Financial Officer Link to Corporate Plan: Ensure systems and processes are in place to achieve


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

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION FC 16/15

Council adopt the expenditure revotes and approve their inclusion in the 2015/16

Council approve the transfer of $1,573,923 to the expenditure revotes reserve

Council approve the transfer of $30,677 to the water reserve

Council approve the transfer of $97,334 to the sewer reserve FC 17/15

The changes to the Water and Sewerage access charges be endorsed and placed on public exhibition from 24 August 2015 to 20 September 2015

FC 18/15

Council note and write off rates and charges outlined in the report totaling $1,776,777.83 for the 2014/15 financial year

FC 20/15

The Finance Committee recommend to Council to accept the proposed course of action as detailed by the General Manager and the 2014/15 year end surplus be transferred to the Employee Leave Entitlement Reserve as part of the year end results against Budget.

MN 441/15

MOTION moved by Clr J R Clark and seconded by Clr J G Arkwright THAT recommendations Nos FC 13/15 to FC 22/15 – as detailed in the Minutes of the Finance Meeting held on Wednesday, 19 August 2015 be adopted. PASSED



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18.2 Minutes of the Economic Development & Tourism Committee Meeting held on Tuesday, 11 August 2015

Reference: 107/24 Report Author: Administration Officer Authoriser: Manager Economic Development Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE This report provides the Minutes of the Economic Development & Tourism Committee Meeting held on Tuesday, 11 August 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION Nil

MN 442/15

MOTION moved by Clr I M Scandrett and seconded by Clr H R Campbell THAT recommendations Nos ED&TC 15/15 to ED&TC 23/15 – as detailed in the Minutes of the Economic Development & Tourism Committee Meeting held on Tuesday, 11 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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19. QUESTIONS WITH NOTICE

There were no Questions with Notice at this Meeting.



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20. NOTICES OF MOTION

20.1 Notice of Motion 37/2015 - Lot 12 Range Road, Mittagong

Reference: 100/4, PN1727550 Report Author: Administration Officer Authoriser: Acting 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 26 August 2015: THAT Council reinforce resolution CC 25/12 passed and moved by Clr McLaughlin and seconded by Clr Arkwright at the Ordinary Meeting of Council on 24 July 2012:

“1. THAT the report of Council’s Legal Officer concerning alleged earthworks and tree removals on Lot 11, DP 1010798 and adjoining properties be noted.

2. THAT Council delegate to the General Manager authority to pursue a prosecution of

the landowners and/or any other person(s) or corporation(s)/companies found to be involved in relation to the unauthorised removal of trees on Lots 11 and 12 in DP 1010798 and Lot 4 in DP 878237.”

Interest: Clr J Uliana declared a less than significant non-pecuniary interest in this matter as he stated that he believed the motion was belittling to his family. He left the Chamber, the time being 5.58 pm, took no part in the debate and refrained from voting on the matter. Clr J Uliana retired from the Meeting at this juncture. The Mayor Clr T D Gair advised that he had received legal advice and that the two Notices of Motion – Items 20.1 and 20.2 - will be dealt with in Closed Council. Clr J R Clark left the chambers, the time being 6.02 pm and returned to the meeting at 6.03 pm. The General Manager, General Counsel and Acting Group Manager Corporate & Community addressed Council on this matter.



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MN 443/15

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

THAT Notice of Motion 37/2015 – Lot 12 Range Road, Mittagong be considered in Open Council.

The Mayor Clr T D Gair advised that the Meeting would adjourned for a period of fifteen (15) minutes, the time being 6.13 pm. The Meeting reconvened at 6.34 pm.

Upon resumption of the Meeting, the Mayor advised that he would put the Motion and that on legal advice he was voting against the Motion.

THE MOTION WAS PUT TO THE VOTE AND LOST


For the motion: Clr H R Campbell, Clr G M Turland and Clr I M Scandrett

Against the motion: Clr J G Arkwright, Clr J R Clark, Mayor T D Gair and Clr L A C Whipper



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20.2 Notice of Motion 38/2015 - Report of Judgment of Lot 11 Range Road, Mittagong

Reference: 100/4, 502/91, PN1727540 Report Author: Administration Officer Authoriser: Acting 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 26 August 2015: 1. THAT Council staff report to open Council the judgment of Lot 11 Range Road,

Mittagong. 2. THAT Council staff report the final cost on this action and Council cost recovery action

to commence immediately.

Interest: It was noted that Clr J Uliana had declared a less than significant non-pecuniary interest in this matter. He left the chamber prior to consideration of Item 20.1 – Notice of Motion 37/2015 Lot 12 Range Road, Mittagong, and had retired from the Meeting. The General Manager addressed Council on this matter. The General Counsel addressed Council on this matter.

MN 444/15

MOTION moved by Clr G M Turland and seconded by Clr I M Scandrett THAT Notice of Motion 38/2015 – Report of Judgment of Lot 11 Range Road, Mittagong be considered in Open Council. PASSED


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

Against the motion: Nil



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21. GENERAL BUSINESS

There was no General Business at this Meeting.



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22. CLOSED COUNCIL

MOVING INTO CLOSED SESSION

107/9

At this juncture, the time being 6.45 pm, pursuant to section 10A(4), the Mayor offered the opportunity to members of the public to make representations to Council as to whether any items of the Closed Council should not be considered in Closed Council. Mr Charlie Johns requested that his objection be recorded in relation to Item 20.1.



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MN 445/15

MOTION moved by Clr I M Scandrett and seconded by Clr J R Clark

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 Staff Matter

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)(a) as it contains personnel matters concerning particular individuals (other than councillors) and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council. Brief description It is the purpose of this report to finalise the General Manager Performance Review for the period dated September 2014 to 30 June 2015 with the endorsement of correspondence to the General Manager, Ms Ann Prendergast dated 13 August 2015.

22.2 Offer to Purchase, 86-90 Merrigang Street, Bowral

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)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business 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 The purpose of this Report is for Council to consider its position in relation to a request made to Council to purchase the property situated at 86-90 Merrigang Street Bowral (‘the property’). The likely outcome of this report is that Council will determine its position and formalise a response to the offer.


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)d(i) as it contains commercial information of a confidential nature that would, if



Page | 42

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 To discuss a preferred consultant from an open tender for the provision of Project Management services for the design and construction of the Bowral Distributor Road.


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)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 To describe issues surrounding the provision of a sewer connection for the Robertson Bowling Club and seek direction from Council on the matter.

22.5 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 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 22 July 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 Staff Matter

Reference: Pers, 800 Report Author: Mayor T D Gair Authoriser: Mayor T D Gair 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)(a) as it contains personnel matters concerning particular individuals (other than councillors).

PURPOSE It is the purpose of this report to finalise the General Manager Performance Review for the period dated September 2014 to 30 June 2015 with the endorsement of correspondence to the General Manager, Ms Ann Prendergast dated 13 August 2015. This matter was dealt with earlier in the Meeting (refer MN 439/15 on page 28).



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22.2 Offer to Purchase, 86-90 Merrigang Street, Bowral

Reference: PN944200 Report Author: Senior Property Officer Authoriser: Manager Business Services 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)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business 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 The purpose of this Report is for Council to consider its position in relation to a request made to Council to purchase the property situated at 86-90 Merrigang Street Bowral (‘the property’). The likely outcome of this report is that Council will determine its position and formalise a response to the offer.

MN 446/15

MOTION moved by Clr G M Turland and seconded by Clr J R Clark

THAT Council advise the owner of 86-90 Merrigang Street Bowral (being Lot 126 DP790331) that Council declines the request for Council to purchase the property due to contamination. PASSED



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Reference: 6330/15.6 Report Author: Manager Projects & Contracts Authoriser: Manager Organisational Development Link to Corporate Plan: Council actively facilities and supports the coordinated use

of existing public and private facilities to ensure equitable access

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 To discuss a preferred consultant from an open tender for the provision of Project Management services for the design and construction of the Bowral Distributor Road. Interest: Clr G M Turland declared a pecuniary than pecuniary interest in this matter as he owns property in Station Street on the distributor road. He left the chamber, the time being 6.48 pm, took no part in the debate and refrained from voting on the matter. The Acting Deputy General Manager Operations, Finance & Risk addressed Council on this matter. The Manager Projects and Contracts addressed Council on this matter.

MN 447/15

MOTION moved by Clr J R Clark and seconded by Clr I M Scandrett THAT Council enter into negotiation with all compliant tenderers in relation to the Bowral Distributor Road - Project Management Tender. PASSED



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Reference: 7650 Report Author: Manager Projects & Contracts Authoriser: Manager Organisational Development Link to Corporate Plan: Conserve the key natural resources of the Shire water

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

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 To describe issues surrounding the provision of a sewer connection for the Robertson Bowling Club and seek direction from Council on the matter.

MN 448/15

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

1. THAT Council notes the information provided in the report. 2. THAT Council delegates the General Manager to negotiate with the Robertson

Bowling Club (the Bowling Club) to resolve the issues for the Bowling Club connection with a view to Council providing financial assistance to complete the works to an upper limiting value of $60,000 ($53,602 plus 12% contingency approx).

3. THAT if required, for Council as a lender of last resort, negotiate a repayment

plan for the value of the works contributed by Council under a mortgage over the property in favour of Council.

4. THAT the General Manager and Mayor be authorised to sign and seal any

associated mortgage documents if Council becomes the lender of last resort. PASSED

Clr G M Turland returned to the meeting, the time being 7.08 pm.



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22.5 Legal Affairs

Reference: 107/22 Report Author: General Counsel Authoriser: Acting Group Manager Corporate & Community 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.

PURPOSE Reporting the ongoing management of legal issues since last reported to Council on 22 July 2015. The General Counsel addressed Council on this matter. Mr Chris Shaw, from Swaab Attorneys, addressed Council on this matter. The General Manager left the Chamber the time being 7.28 pm and the Acting Deputy General Manager Operations, Finance & Risk moved into the Chair vacated by the General Manager. The General Manager returned to the Meeting the time being 7.37 pm. Clr J G Arkwright left the chambers, the time being 7.38 pm and returned at 7.40 pm. Clr I M Scandrett left the chambers, the time being 7.46 pm and returned at 7.48 pm. It was noted that the tape recording of the Meeting was turned on at (approximately) 7.51 pm at the direction of the Mayor.

MN 449/15

PROCEDURAL MOTION moved by Clr J R Clark and seconded by Clr L A C Whipper THAT in accordance with Council’s Code of Meeting Practice, Council approves an extension of time for 10 minutes – for the Meeting to conclude at 8.15 pm. PASSED



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MN 450/15

MOTION moved by Clr L A C Whipper and seconded by Clr H R Campbell

THAT the information contained in the Legal Affairs report be noted. PASSED

MN 451/15

PROCEDURAL MOTION moved by Clr I M Scandrett and seconded by Clr L A C Whipper THAT the information in relation to Item 20.1 – Notice of Motion 37/2015 – Lot 12 Range Road, Mittagong be noted. PROCEDURAL MOTION PASSED



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RESUMPTION OF OPEN COUNCIL

107/10

MN 452/15

MOTION moved by Clr J R Clark and seconded by Clr J G Arkwright THAT Council moves from Closed Council into Open Council. PASSED

No members of the public were present in the Chamber. At the resumption of Open Council the General Manager advised that Council in Closed Council had made recommendations on the following Items: Item 22.1 Staff Matter – this matter was dealt with in Open Council –MN 439/15 on

page 28 Item 22.2 Offer to Purchase, 86-90 Merrigang Street, Bowral – MN 446/15 on page 44 Item 22.3 Bowral Distributor Road - Project Management Tender – MN 447 on page 45 Item 22.4 Robertson Sewerage Scheme - Bowling Club Sewer Connection – MN

448/15 on page 46 Item 22.5 Legal Affairs – MN 450/15 on page 48 Item 20.1 Notice of Motion 37/2015 – Lot 12 Range Road, Mittagong – MN 451/15 on

page 48

ADOPTION OF CLOSED COUNCIL

107/9

MN 453/15

MOTION moved by Clr L A C Whipper and seconded by Clr J R Clark THAT the recommendations of the Closed Council held on Wednesday, 26 August 2015 being MN 446/15 to MN 451/15 be adopted. PASSED



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23. ADOPTION OF COMMITTEE OF THE WHOLE

107/10

MN 454/15

MOTION moved by Clr L A C Whipper and seconded by Clr J R Clark THAT the recommendations of the Committee of the Whole held on Wednesday, 26 August 2015 being MN 427/15 to MN 437/15 be adopted. PASSED



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24. MEETING CLOSURE

THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 8.11 PM In accordance with the provisions of Section 375(2) of the Local Government Act, these Minutes of the Ordinary Council Meeting held Wednesday 26 August 2015 numbered M/N 424/15 to M/N 454/15 were signed by me hereunder at the Council Meeting held on Wednesday, 9 September 2015.

CHAIRMAN

READ AND CONFIRMED ON WEDNESDAY, 9 SEPTEMBER 2015

CHAIRMAN PUBLIC OFFICER

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