minutes of ordinary meeting of council - 8 february 2017€¦ · minutes of the ordinary meeting of...

MINUTES

of the

Ordinary Meeting of Council

held in

Council Chambers

Civic Centre, Elizabeth Street, Moss Vale

on

Wednesday 8 February 2017

Wednesday 31 The meeting commenced at 3.30 pm

File No. 100/2017

MINUTES OF THE ORDINARY MEETING OF COUNCIL


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1. OPENING OF THE MEETING

2. ACKNOWLEDGEMENT OF COUNTRY

3. PRAYER

4. APOLOGIES

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 14 December 2016

6. BUSINESS ARISING ...................................................................................... 2

7. DECLARATIONS OF INTEREST ................................................................... 3

8. MAYORAL MINUTES ..................................................................................... 4

8.1 2017 Australia Day Awards .................................................................... 4

9. PUBLIC FORUM ............................................................................................ 5

Nil .............................................................................................................. 5

COMMITTEE OF THE WHOLE

10. VISITOR MATTERS ....................................................................................... 7

OPERATIONS

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

CORPORATE & STRATEGY

10.1 16/0491 Temporary Use of Land (Occasional Outdoor Concerts) - Centennial Winery 254 Centennial Road, Bowral................................... 8

11. EN BLOC MOTION .......................................................................................10

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

12. OPERATIONS FINANCE & RISK .................................................................11

12.1 Investment Report - November 2016 ....................................................11

12.2 Investment Report - December 2016 ....................................................12

12.3 Moss Vale War Memorial Aquatic Centre - Extension of Contract with Belgravia Leisure ...........................................................................13

12.4 Property Matters - 32-36 Wingecarribee Street, Bowral ........................14

12.5 Lease of Part Road Reserve, Cnr Kangaloon Road and Horderns Road Bowral .........................................................................................15

12.6 Licence Agreement to Pump Water Across Lot 3 Deposited Plan 258454 Moss Vale Road, Burradoo ......................................................16

12.7 Proposed Schedule of Fees and Charges for the Hire of Exeter Hall and the Naming of the Two Rooms That Now Comprise Exeter Hall ....17

12.8 Heavy Vehicle Access to Retford Park Development in Bowral ............18



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

13.1 Development Applications Determined 25 November 2016 to 22 January 2017 ........................................................................................19

13.2 Development Applications Received 25 November 2016 to 22 January 2017 ........................................................................................20

13.3 Modified DA2009/1157 - Proposed Alterations and Additions to Existing Dwelling - ................................................................................21

13.4 DA for Alterations and Additions to Existing Premises, 2 Ranelagh Road, Burradoo ....................................................................................22

COUNCIL MATTERS

Mayor resumes the chair ...............................................................................23

QUESTIONS FROM THE PUBLIC

There were no Questions from the Public at this Meeting ..............................24

13. CORPORATE STRATEGY & DEVELOPMENT SERVICES (CONT) ............25

13.5 Council Committee Structure 2016-2020: Terms of Reference and Community Representatives .................................................................25

14. GENERAL MANAGER ..................................................................................26

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

15. DELEGATE REPORTS .................................................................................27

Nil .............................................................................................................27

16. PETITIONS ....................................................................................................28

16.1 Petition 01/2017 - Kerb and Gutter Construction on Bong Bong Road, Mittagong - January to November 2016 ......................................28

16.2 Petition 02/2017 - Development Proposal at 2 Ranelagh Road, Burradoo ...............................................................................................29

17. CORRESPONDENCE FOR ATTENTION ......................................................30

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

18. COMMITTEE REPORTS ...............................................................................31

18.1 Management and Advisory Committee Reports ....................................31

19. QUESTIONS WITH NOTICE .........................................................................32

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

20. NOTICES OF MOTION ..................................................................................33

20.1 Notice of Motion 37/2016 - Free Kerbside Clean Up Collection Service .................................................................................................33

20.2 Notice of Motion 38/2016 - Council Support for Wollondilly Shire Council's Opposition to Construction of a Gaol .....................................34

20.3 Notice of Motion 39/2016 - Listing of DAs in Alphabetical Order ...........35



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20.4 Notice of Motion 40/2016 - Request to Beautify Corner of Canyonleigh and Tugalong Roads ........................................................36

20.5 Notice of Motion 01/2017 - Serious Fire Risk on Mount Gibraltar ..........37

20.6 Notice of Motion 02/2016 - Free Annual Clean Up for Eligible Pensioners............................................................................................38

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

22. CLOSED COUNCIL.......................................................................................42

Moving into Closed Session ...........................................................................42

23. ADOPTION OF COMMITTEE OF THE WHOLE ............................................42

24. MEETING CLOSURE ....................................................................................43



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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 8 FEBRUARY 2017 COMMENCING AT 3.30 PM

Present: Clr K J Halstead (Mayor - in the Chair) Clr G J Andrews

Clr T D Gair Clr G McLaughlin Clr G Markwart Clr P W Nelson Clr I M Scandrett Clr G M Turland Clr L A C Whipper

In Attendance: General Manager Ms Ann Prendergast

Deputy General Manager Corporate, Strategy and Development Services Mr Mark Pepping Group Manager Corporate and Community Mr Nick O’Connor Group Manager Planning, Development and Regulatory Services Mr Nicholas Wilton Chief Financial Officer Mr Richard Mooney Administration Officer Ms Liz Johnson Administration Officer Ms Belinda Serone

1. OPENING OF THE MEETING The Mayor Clr K J Halstead opened the meeting and welcomed members of the public and the press.

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

3. PRAYER

The meeting was led in prayer by Pastor Paul Crossman of Highlands Christian Church, Mittagong.



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ACKNOWLEDGEMENT

The Mayor K J Halstead welcomed and acknowledged the attendance at the Meeting of former Councillor and Mayor of the Wingecarribee Shire Council, Mr Gordon Lewis, OAM, and Mr Col Collins, who was a former Town Clerk of Bowral Council and Shire Clerk of Wingecarribee Shire Council.

4. APOLOGY There were no apologies at this Meeting.

5. CONFIRMATION OF MINUTES

100/1

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY 14 DECEMBER 2016

MN 1/17

MOTION moved by Clr G M Turland and seconded by Clr T D Gair THAT the minutes of the Ordinary Meeting of Council held on Wednesday 14 December 2016 MN 559/16 to MN 592/16 inclusive, copies of which were forwarded to Councillors, be adopted as a correct record of the proceedings of the meeting. PASSED

6. BUSINESS ARISING 1. ITEM 10.1 - DA03/2011.04 MODIFICATION TO ENABLE OPERATION OF

WOODBINE PARK WATER EXTRACTION FACILITY 24 HOURS A DAY, ALL DAYS – 955 WOMBEYAN CAVES ROAD, HIGH RANGE DA03/2011.04

Clr T D Gair referred to this item and asked if staff can investigate the possibility of putting a traffic counter on the road between the quarry and Woodbine Park and a traffic counter immediately west of the entrance of Woodbine Park, for a period of, say, six months. He advised that this could alleviate a lot of the concerns of residents. The General Manager advised that this request will be taken on notice.



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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, 09/1157.02 Deputy Mayor I M Scandrett declared a pecuniary interest in Item 13.3 – Modified DA2009/1157 – Proposed Alterations and Additions to Existing Dwelling – “Mount Broughton”, 144 Mt Broughton Road, Werai - as he is the owner of the property and it is his home. He stated he will be absent from the Chambers for consideration of that item.

101/3.1, 107

Clr L A C Whipper declared a less than significant non-pecuniary interest in Item 13.5 – Council Committee Structure 2016-2020: Terms of Reference and Community Representatives - as a number of applicants for Committees are known to him through community activities. He stated that he will remain in the chamber when this matter is discussed and take part in the debate and voting thereon.



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8. MAYORAL MINUTES

8.1 2017 Australia Day Awards

Reference: 102, 1671/2.1 Report Author: Mayor Authoriser: Mayor Link to Delivery Program: Identify good examples of leadership and map community

assets (individuals, organisations and institutions)

PURPOSE The purpose of this Mayoral Minute is to congratulate the 2017 winners of the Wingecarribee Shire Citizen and Young Citizen of the Year – Dr Allan Beavis OAM and Miss Zoe Brain, the recipients of Australia Day Honours for Order of Australia Medals and thank the Australia Day Ambassador, Mr Bob Turner for his contribution and assistance in making the Australia Day celebrations an outstanding success.

MN 2/17

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

1. THAT the local recipients of the Australia Day honours list be acknowledged as follows:

a) Mr James (Jimmy) Barnes AO b) Mr Brian Castles-Onion AM c) Mr John Williams AM d) The late Mr Richard Biele OAM e) Dr John Flynn OAM f) Mrs Noeline Munro OAM g) Mr Peter Nickl OAM h) Mrs Judith O’Brien OAM i) Mr Philip Yeo OAM 2. THAT a letter of acknowledgement be sent to the recipients of the

Wingecarribee Shire Citizen of the Year awards as follows:

a) Wingecarribee Shire Citizen of the Year: Dr Allan Beavis OAM b) Wingecarribee Shire Young Citizen of the Year: Miss Zoe Brain 3. THAT a letter of thanks be sent to Australia Day Ambassador, Mr Bob Turner for

his support in making the Australia Day celebrations a success. 4. THAT Council acknowledges and thanks all staff involved with Australia Day

AND THAT a letter of thanks be sent to Mr Col Gelling for his involvement with this event for the past 22 years.

PASSED



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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 3/17

MOTION moved by Clr T D Gair and seconded by Clr G McLaughlin 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 L A C Whipper 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 16/0491 Temporary Use of Land (Occasional Outdoor Concerts) - Centennial Winery 254 Centennial Road, Bowral

Reference: 16/0491 Report Author: Town Planner Authoriser: Acting Team Leader Town Planning Applicant: Windbelt Pty. Limited Owner: Windbelt Pty. Limited Link to Delivery Program: Ensure future development respects the character of the

areas in which it is located, and reinforce that character with appropriately sited and designed new development

PURPOSE This report considers a development application for the temporary use of the Centennial Vineyards site for outdoor concerts. The application is for proposed temporary events in the E3 Environmental Management zone and shall be determined at a Council meeting in accordance with Council resolution. Consequently, this report is prepared for determination and recommends approval subject to the conditions in Attachment 1. Mr Barry Murray addressed Council on this matter on behalf of the Objector. Mr John Large addressed Council on this matter on behalf of the Applicant/Owner.

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

The General Manager left the meeting at 4.35pm and returned at 4.51pm.

VOTING ON THE MOTION

Councillors are required to record their votes on this matter.

MN 4/17

MOTION moved by Clr G McLaughlin and seconded by Mayor K J Halstead

THAT Council refuse the application for the following reasons: (a) Prohibited use under section 2.8 of the WLEP 2010. (b) Does not meet sound requirements under section 2.8 regarding the amenity of the

neighbourhood. (c) Many objections from neighbours. LOST



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For the Motion: Mayor K J Halstead, Clr G Markwart, Clr G McLaughlin and Deputy Mayor I M Scandrett

Against the Motion: Clr G J Andrews, Clr T D Gair, Clr P W Nelson, Clr G M Turland and Clr L A C Whipper

MOTION moved by Clr T D Gair and seconded by Clr G J Andrews 1. THAT Development Application 16/0491 for proposed occasional outdoor

concerts (temporary events) at Lot 1 DP435373, Lot 5A DP16192 & Lot 1 DP126196, being 254 Centennial Road, Bowral be APPROVED for a period of five (5) years subject to conditions as described in Attachment 1 to the report.

2. THAT Council review the Applicant’s adherence to the conditions of consent 12

months from the commencement of the first concert. 3. THAT condition No 14 in Attachment 1 to the report be changed to have

concerts conclude at 9pm. PASSED


For the Motion: Clr G J Andrews, Clr T D Gair, Clr P W Nelson, Clr G M Turland and Clr L A C Whipper

Against the Motion: Mayor K J Halstead, Clr G Markwart, Clr G McLaughlin and Deputy Mayor 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 Investment Report - November 2016

Reference: 2104 Report Author: Accounting Officer - Banking and Investments Authoriser: Chief Financial Officer Link to Delivery Program: Ensure systems and processes are in place to achieve

mutual trust and collaboration

PURPOSE The purpose of this report is to present Council’s Investment Portfolio held at 30 November 2016.

MN 5/17

MOTION moved by Clr P W Nelson and seconded by Clr G McLaughlin THAT the information on Council’s Investments as at 30 November 2016 be received and noted. PASSED



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12.2 Investment Report - December 2016

Reference: 2104 Report Author: Accounting Officer - Banking and Investments Authoriser: Chief Financial Officer Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to present Council’s Investment Portfolio held at 31 December 2016.

MN 6/17

MOTION moved by Clr T D Gair and seconded by Clr P W Nelson THAT the information on Council’s Investments as at 31 December 2016 be received and noted. PASSED



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12.3 Moss Vale War Memorial Aquatic Centre - Extension of Contract with Belgravia Leisure

Reference: 6704/7 Report Author: Pools & Facilities Supervisor Authoriser: Chief Financial Officer Link to Delivery Program: Foster community participation

PURPOSE The purpose of this report is to seek Council approval for the extension of the current contract with Belgravia Leisure for the management and operation of the Moss Vale War Memorial Aquatic Centre for the 2017/18 period.

MN 7/17

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr T D Gair THAT in relation to the report concerning the extension of the contract with Belgravia Leisure – Council adopts the recommendations contained within the Closed Council report – Item 22.1 - as follows:

1. THAT Council approve the extension of the current contract with Belgravia Leisure to operate the Moss Vale War Memorial Aquatic Centre for an option term of 1 year commencing July 2017 until June 2018.

2. THAT the agreed lump sum guarantee be $372,120.66 (excluding GST) for

2017/18, with a 50/50 betterment share arrangement in place between Council and Belgravia Leisure for any improvement in budget performance.

PASSED



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12.4 Property Matters - 32-36 Wingecarribee Street, Bowral

Reference: PN1641800 Report Author: Coordinator Property Services Authoriser: Chief Financial Officer Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE The property which is the subject of this report is currently leased by Council and forms part of the Lamond Lane car park in the Bowral Central Business District. The lease will expire in 2039. The purpose of this report is for Council to consider: a. granting consent to an easement for Right of Footpath over 32-36

Wingecarribee Street, Bowral (‘the property’), and b. the potential acquisition of the leased property by Council.

MN 8/17

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

THAT in relation to the report concerning Property Matters - 32-36 Wingecarribee Street, Bowral - Council adopts the recommendations contained within the Closed Council report - Item 22.2 - as follows:

1. THAT Council grants consent as Lessee to an Easement for Right of Footpath over 32-36 Wingecarribee Street Bowral.

2. THAT Council delegate authority to the General Manager and Mayor to

execute the Real Property dealing for the Easement for Right of Footpath over 32-36 Wingecarribee Street Bowral and to affix the Common Seal of the Council if required.

3. THAT Council delegate authority to the General Manager to negotiate with

the owner of 32-36 Wingecarribee Street, Bowral for the purchase of the area of land leased by Council for public car parking AND THAT a further report be forwarded to a future Ordinary Meeting of Council following those negotiations to enable the matter to be determined by Council.

PASSED



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12.5 Lease of Part Road Reserve, Cnr Kangaloon Road and Horderns Road Bowral

Reference: RD508, RD3652, PN1790810 Report Author: Property & Projects Officer Authoriser: Coordinator Property Services Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is for Council to consider a request to lease a portion of the road reserve at the corner of Kangaloon Road and Horderns Road Bowral. The applicant is the owner of the business known as ‘Milton Park Country House Hotel & Spa’. The purpose of the lease is to formalise the current signage in place for that business.

MN 9/17

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

1. THAT Council approve in principle a short-term five (5) year lease of part of the

road reserve at the corner of Kangaloon Road and Horderns Road Bowral to Yufan Pty Limited.

2. THAT the General Manager and Mayor be delegated authority to execute the lease document referred to in resolution 1 above and to affix the Common Seal of Council if required.

3. THAT the minimum rental in the first year is Five Hundred Dollars ($500.00)

exclusive of GST, with annual increases at CPI (Sydney All Groups Index) or 5%, whichever is greater.

4. THAT Council give a minimum twenty eight (28) days public notice of its

intention to enter into a short term lease of a segment of the unformed road reserve at the corner of Kangaloon Road and Horderns Road Bowral to Yufan Pty Limited AND THAT a further report be forwarded to a future Ordinary Meeting of Council following the period of public notice.

PASSED



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12.6 Licence Agreement to Pump Water Across Lot 3 Deposited Plan 258454 Moss Vale Road, Burradoo

Reference: PN976000, PN1726650, LIC15/013 Report Author: Property & Projects Officer Authoriser: Coordinator Property Services Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE

The purpose of this report is to seek Council endorsement of a further licence agreement to pump water over Council Land at Lot 3 Deposited Plan 258454 Moss Vale Road, Burradoo (“Council land”). The grant of the licence agreement will support the water access licence held by the owners of 584 Moss Vale Road, Burradoo to pump water from the Wingecarribee River.

MN 10/17

MOTION moved by Clr T D Gair and seconded by Mayor K J Halstead

1. THAT Council approve in principle a Licence Agreement to pump water across

Council land, Lot 3 DP258454 at Burradoo, to the holders of a Water Access Licence, being the owners of 584 Moss Vale Road Burradoo AND THAT it is noted that the Licence Agreement is for a five (5) year term.

2. THAT Council give a minimum twenty eight (28) days public notice of its intention to enter into the Licence Agreement referred to in resolution 1 above.

3. THAT if there are no objections to the licence agreement received during the

period of public notice, the General Manager and Mayor be delegated authority to execute the licence agreement referred to in resolution 1 above under the Common Seal of the Council if required AND THAT if any objections are received, a further report will be forwarded to a future Ordinary Meeting of Council.

PASSED



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12.7 Proposed Schedule of Fees and Charges for the Hire of Exeter Hall and the Naming of the Two Rooms That Now Comprise Exeter Hall

Reference: 7209 Report Author: Committee Coordinator Authoriser: Manager Assets Link to Delivery Program: Maintain strong public institutions and facilities in the

district to match the evolving needs of the community

PURPOSE

Exeter Hall upgrade was completed in January 2017.

The purpose of this report is to present to Council two items that will assist with the management of the Exeter Hall:

1. The recommendations as proposed by Exeter Park Management Committee for its Schedule of Fees and Charges for the new facility and

2. To inform Council on the background of a community proposal to formally name the two rooms (the original hall and the new hall) that now comprise Exeter Hall.

MN 11/17

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr P W Nelson

1. THAT the proposed schedule of fees and charges for Exeter Hall be advertised

for twenty eight (28) days seeking comments from the public AND THAT if no comments are received on the proposed Schedule of Hire Fees for Exeter Hall then the Schedule of Fees as detailed in Attachment 1 of this report be adopted by Council.

2. THAT Council confirms its support for the naming of the original Exeter Hall as

the “Badgery Room” and the New Hall as the “Reuben Room”. 3. THAT the Exeter Park Management Committee be notified of Council’s

determinations. 4. THAT plaques be placed in appropriate locations in each of the rooms in

recognition of the significant contribution the Badgery and Reuben families made to the Shire.

PASSED



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12.8 Heavy Vehicle Access to Retford Park Development in Bowral

Reference: 7460/8 Report Author: Traffic Engineer Authoriser: Manager Assets Link to Corporate Plan: Maximise the efficiency of freight transport through and

within the area to encourage activities which will use rail, provide local employment and minimise impact on the Shire’s roads and residents

PURPOSE Requesting that the load limit on Old South Road, Bowral between Kangaloon Road (MR261) and Boardman Road be removed.

MN 12/17

MOTION moved by Mayor K J Halstead and seconded by Deputy Mayor I M Scandrett 1. THAT the 10 tonne load limit on Old South Road, Bowral be removed between

Kangaloon Road (MR261) and Boardman Road AND THAT a 10 tonne load limit be imposed on Boardman Road.

2. THAT this matter be referred to the Traffic Committee for implementation. PASSED



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13. CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Development Applications Determined 25 November 2016 to 22 January 2017

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

Services Link to Delivery Program: Retain and make more distinctive the special qualities that

make each town or village unique

PURPOSE

The purpose of this report is to update Councillors on Development Applications Determined in the period 25 November 2016 to 22 January 2017.

MN 13/17

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

THAT the information relating to the list of Development Applications Determined 25 November 2016 to 22 January 2017 be received and noted. PASSED



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13.2 Development Applications Received 25 November 2016 to 22 January 2017

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

Services Link to Delivery Program: Retain and make more distinctive the special qualities that

make each town or village unique

PURPOSE The purpose of this report is to update Councillors on Development Applications Received in the period 25 November 2016 to 22 January 2017.

MN 14/17

MOTION moved by Mayor K J Halstead and seconded by Clr P W Nelson 1. THAT the information relating to Development Applications Received from

25 November 2016 to 22 January 2017 be received and noted. 2. THAT the following Item be referred to the Heritage Committee for comment: Item 45 – Section 96 Modification DA (relocation of 4 villas), 203 Horderns Road,

Bowral (Part Lot 311 DP 1191798). PASSED



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13.3 Modified DA2009/1157 - Proposed Alterations and Additions to Existing Dwelling - "Mount Broughton", 144 Mt Broughton Road, Werai

Reference: 09/1157.02 Report Author: Senior Accredited Certifier - Assessment Authoriser: Team Leader Accredited Certifiers Applicant: Ian Scandrett Owner: Ian Scandrett Link to Delivery Program: Engage and encourage community by developing programs

to explore ways by which we may all live more sustainably

PURPOSE The purpose of this report is to consider a modified development application 09/1157.02, which seeks consent to carry out alterations and additions to an existing dwelling at “Mount Broughton” 144 Mt Broughton Road, Werai. The application has been referred for determination at a Council meeting as the property owner is a Councillor. Consequently, this report is prepared for determination, and recommends APPROVAL. Interest: Clr I M Scandrett declared a pecuniary interest in this matter as he is the owner of the property and it is his home. He left the chamber at 5.25 pm, took no part in the debate and refrained from voting on the matter.



MN 15/17

MOTION moved by Clr P W Nelson and seconded by Clr G M Turland THAT modified development application 09/1157.02 for the carrying out of alterations and additions at Lot 1 DP 804846, “Mount Broughton’ 144 Mt Broughton Road, Werai be APPROVED subject to conditions as described in Attachment 1 to the report. PASSED


For the Motion: Clr G J Andrews, Clr T D Gair, Mayor K J Halstead, Clr G Markwart, Clr G McLaughlin, Clr P W Nelson, Clr G M Turland and Clr L A C Whipper

Against the Motion: Nil



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13.4 DA for Alterations and Additions to Existing Premises, 2 Ranelagh Road, Burradoo

Reference: 16/0822 Report Author: Team Leader Accredited Certifiers Authoriser: Group Manager Planning, Development & Regulatory

Services Applicant: Peter and Amanda Byrne Owner: Peter and Amanda Byrne Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to consider a Development Application (16/0822) that has been lodged with Council for residential alterations and additions at No. 2 Ranelagh Road. Burradoo. The report is prepared for determination and recommends APPROVAL. Clr I M Scandrett returned to the meeting at 5.27pm. The Group Manager Planning, Development and Regulatory Services addressed Council on this matter.



MN 16/17

MOTION moved by Clr T D Gair and seconded by Clr G J Andrews

THAT development application 16/0822 for a proposed alterations and additions to the existing Secondary Dwelling at Lot 2 DP 1219070, No 2 Ranelagh Road, Burradoo be APPROVED subject to conditions as described in Attachment 1 to the report. PASSED


For the motion: Clr G J Andrews, Clr T D Gair, Mayor K J Halstead, Clr G Markwart, Clr G McLaughlin, Clr P W Nelson, Deputy Mayor I M Scandrett, Clr G M Turland and Clr L A C Whipper

Against the motion: Nil



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COUNCIL MATTERS

MN 17/17

MOTION moved by Clr G McLaughlin and seconded by Clr G Markwart THAT Council move from Committee of the Whole back into Council, the time being 5.32pm with the Mayor Clr K J Halstead resuming the Chair to conduct the remainder of Council Business. PASSED



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QUESTIONS FROM THE PUBLIC

100/10

There were no Questions from the Public at this Meeting.



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13. CORPORATE STRATEGY & DEVELOPMENT SERVICES (CONT)

13.5 Council Committee Structure 2016-2020: Terms of Reference and Community Representatives

Reference: 107 Report Author: Integrated Planning & Reporting Coordinator Authoriser: Group Manager Corporate & Community Link to Delivery Program: 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 The purpose of this report is to:

appoint community, agency and industry representatives to advisory committees and reference groups; and

adopt revised council committee, advisory committee and reference group terms of reference.

Interest: Clr L A C Whipper declared a less than significant non-pecuniary interest in this matter as a number of applicants for Committees are known to him through community activities. He remained in the chamber, took part in the debate and voted on the matter. The General Manager addressed Council on this matter.

MN 18/17

MOTION moved by Clr T D Gair and seconded by Clr L A C Whipper 1. THAT Council appoints the community, agency and industry representatives to

the advisory committees and reference groups as per Table 1 in this report. 2. THAT Council adopts the committee, advisory committees and reference groups

terms of reference for the 2016-2020 Council term as provided in the attached Wingecarribee Shire Council Committee Manual.

3. THAT all residents who applied for representation on Council committees be

thanked for their applications and interest in community service. PASSED



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14. GENERAL MANAGER

There were no General Manager reports at this Meeting.



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15. DELEGATE REPORTS

There were no Delegate Reports at this Meeting.



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16. PETITIONS

16.1 Petition 01/2017 - Kerb and Gutter Construction on Bong Bong Road, Mittagong - January to November 2016

Reference: 100/8, 7812, RD3120 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to table a petition in relation to concern regarding the costs Council is requiring of residents for the recently completed kerb and gutter construction on Bong Bong Road, Mittagong. The petition has been signed by 13 people. A copy of the Petition has been placed in the Councillors’ Room and will be tabled at the Ordinary Meeting of Council.

MN 19/17

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

THAT Petition 01/2017 – Kerb and Gutter Construction on Bong Bong Road, Mittagong – January to November 2016 - be received and the content of this report be noted. PASSED



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16.2 Petition 02/2017 - Development Proposal at 2 Ranelagh Road, Burradoo

Reference: 100/8, 16/0822 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to table a petition in relation to the development proposal at 2 Ranelagh Road, Burradoo. The petition has been signed by 24 people in favour of the development. A copy of the Petition has been placed in the Councillors’ Room and will be tabled at the Ordinary Meeting of Council.

MN 20/17

MOTION moved by Clr G McLaughlin and seconded by Clr T D Gair THAT Petition 02/2017 – Development Proposal at 2 Ranelagh Road, Burradoo - be received and the content of this report be noted. PASSED



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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 Management and Advisory Committee Reports

Reference: 107/1 Report Author: Committee Coordinator Authoriser: Manager Assets Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE

This report provides the Minutes of the following Committee Meetings, copies of which will be tabled for information: 1. Hampden Park Management Committee held on Monday, 17 October 2016. 2. Hill Top Community Centre Committee held on Thursday, 20 October 2016. 3. Robertson Community Centre Management Committee held on Friday, 11 November

2016. 4. Hill Top Community Centre Committee held on Thursday, 17 November 2016.

MN 21/17

MOTION moved by Clr L A C Whipper and seconded by Clr P W Nelson

THAT the information contained in the following Committee Reports be noted: 1. Hampden Park Management Committee held on Monday, 17 October 2016. 2. Hill Top Community Centre Committee held on Thursday, 20 October 2016. 3. Robertson Community Centre Management Committee held on Friday,

11 November 2016. 4. Hill Top Community Centre Committee held on Thursday, 17 November 2016. 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

THIS ITEM WAS DEFERRED FROM THE ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY, 14 DECEMBER 2016

20.1 Notice of Motion 37/2016 - Free Kerbside Clean Up Collection Service

Reference: 100/4, 7502 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE Councillors Ian Scandrett and Larry Whipper have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 8 February 2017: 1. THAT staff prepare a report on introducing a scheduled twice yearly Free Kerbside

Clean Up Collection Service to residential ratepayers. 2. THAT the report be presented as a 2017/18 budget proposal at the forthcoming

budget sessions in February/March 2017. 3. THAT the service be funded from the domestic waste charge. 4. THAT the service be provided to existing users of Council’s domestic waste service. 5. THAT the service be considered for between 1 - 1.5 cubic metres per household per

collection.

MN 22/17 MOTION moved by Clr G McLaughlin and seconded by Clr P W Nelson THAT Notice of Motion 37/2016 – Free Kerbside Clean Up Collection Service be noted. PASSED



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20.2 Notice of Motion 38/2016 - Council Support for Wollondilly Shire Council's Opposition to Construction of a Gaol

Reference: 100/4, 207/1, 1445/2 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE Councillor Larry Whipper has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 8 February 2017: 1. THAT Wingecarribee Shire Council support Wollondilly Shire Council’s opposition to

the construction of a 5,000 bed gaol within the Wollondilly Shire AND THAT Wingecarribee also oppose any attempt by the government to construct such a facility in the Wingecarribee Shire as well.

2. THAT Wingecarribee Shire Council forward an official endorsement of its support

under the signature of the Mayor to Wollondilly Shire Council, the Premier, the Hon Mike Baird, and the Member for Wollondilly, Mr Jai Rowell, MP.

3. THAT a public statement be made via a media release of Wingecarribee Shire

Council’s strong support for Wollondilly Shire Council’s opposition to the gaol based on the fact that Council agrees with our neighbouring Council that the proposal is fundamentally inconsistent with their vision for the lifestyle of residents of the region and also that such a facility would contradict the strategic planning framework of Wollondilly Shire Council to retain the “rural living” character of the Shire into the future.

MN 23/17

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

THAT Notice of Motion 38/2016 - Council Support for Wollondilly Shire Council's Opposition to Construction of a Gaol be noted. PASSED



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20.3 Notice of Motion 39/2016 - Listing of DAs in Alphabetical Order



PURPOSE Councillors Ian Scandrett and Larry Whipper have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 8 February 2017: 1. THAT Council list the DAs in alphabetical Village/Town order in all media, business

papers, etc, commencing in February 2017. 2. THAT additional resources that may be required be referred to in the budget review.

MN 24/17

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

THAT Council consider looking at listing DA’s in alphabetical order in the future. PASSED



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20.4 Notice of Motion 40/2016 - Request to Beautify Corner of Canyonleigh and Tugalong Roads

Reference: 100/4, RD2108, RD2102 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE Councillor Ian Scandrett has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 8 February 2017: 1. THAT Staff investigate a request from the Canyonleigh Community Association that

Council beautify the corner of Canyonleigh and Tugalong Roads AND THAT Council consult with the Association in regards to what could be included and possible part funding from outside Council.

2. THAT such landscaping concept plan be then submitted to Council for inclusion in the

forthcoming 2017/8 budget.

MN 25/17

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr P W Nelson

1. THAT Staff investigate a request from the Canyonleigh Community Association

that Council beautify the corner of Canyonleigh and Tugalong Roads AND THAT Council consult with the Association in regards to what could be included and possible part funding from outside Council.

2. THAT such landscaping concept plan be then submitted to Council for

consideration in the forthcoming 2017/18 budget. PASSED



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20.5 Notice of Motion 01/2017 - Serious Fire Risk on Mount Gibraltar

Reference: 100/4, 6439, 6527/15.8 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Delivery Program: Ensure systems and processes are in place to achieve


PURPOSE Councillor Ken Halstead has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 8 February 2017: THAT a meeting be convened as a matter of urgency to discuss the serious fire risk on Mount Gibraltar, having regard to the excessive build-up of fuel AND THAT all Government agencies involved in any way relating to the reduction of the potential fire risk are to be represented at this meeting. Clr G Markwart left the chambers, the time being 6.16 pm and returned to the meeting at 6:18 pm. Interest: Clr G M Turland declared a less than significant non-pecuniary interest in this matter as he owns a property on top of Mt Gibraltar. He remained in the chamber, took part in the debate and voted on the matter.

MN 26/17

MOTION moved by Mayor K J Halstead and seconded by Clr T D Gair

1. THAT a meeting be convened as a matter of urgency to discuss the serious fire

risk on Mount Gibraltar, having regard to the excessive build-up of fuel AND THAT all Government agencies involved in any way relating to the reduction of the potential fire risk are to be represented at this meeting.

2. THAT Council request the Commissioner for Rural Fire Service to investigate the existing management of Mt Gibraltar with respect to bush fire risk.

3. THAT the General Manager ensure that the management plan for Mt Gibraltar is

given a high priority. 4. THAT the General Manager authorise staff as soon as possible to undertake

clean up and maintenance/slashing of the areas that are required. PASSED



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20.6 Notice of Motion 02/2016 - Free Annual Clean Up for Eligible Pensioners



PURPOSE Councillor Larry Whipper has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 8 February 2017: 1. THAT Council staff prepare a report to come back to Council with an aim to providing

one free annual “clean up” per year for eligible pensioners across the shire. 2. THAT the report be presented to Council in such time to allow consideration of this

community service in the 2017/2018 budget.

MN 27/17

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

1. THAT Council staff prepare a report to be given at a briefing session to

Councillors with an aim to providing one free annual “clean up” per year for eligible pensioners across the Shire.

2. THAT the report in resolution 1 above be presented in such time to allow

consideration of this community service in the 2017/2018 budget. PASSED



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21. GENERAL BUSINESS 1. PRIVITISATION OF THE LAND AND PROPERTY INFORMATION UNIT 1490/6 Clr P W Nelson asked if Council has made any proposals to the State Government or the Premier about the proposed privatisation of the Land and Property Information Unit. Clr Nelson advised that this matter has been in the news quite a lot and that it would be disastrous if the sale occurred. The General Manager advised that the question will be taken on notice.

2. LIBRARY FUNDING 1700, 1708 Clr P W Nelson asked if the letter regarding increasing library funding for all Libraries/Councils could be referred to the newly elected Premier of New South Wales, the Hon Gladys Berejiklian. The General Manager advised that this would be done.

3. LOITERING AROUND THE COUNCIL CHAMBER AND THE MOSS VALE CBD 7100 Clr L A C Whipper advised that there was an issue that was discussed some time ago with the Police regarding loitering around the Council Chambers and the carpark across the road. He advised that the Police had indicated they were going to increase their patrols around the area, but noted today that there was graffiti on the shop wall across the road. Clr Whipper asked if representations can be made to the Police for more patrols around the vicinity of the Council Chambers and the Library. The General Manager advised that the question would be taken on notice.

4. VEGETATION ON ROAD VERGES 7813 Clr I M Scandrett asked if removal of vegetation and saplings growing on road verges could be dealt with promptly, as otherwise this problem could become significant. The Mayor K J Halstead advised that the question will be taken on notice.

5. REMOVAL OF SPEED HUMPS IN CLARENCE STREET, MOSS VALE RD3329, 7406 Clr T D Gair referred to his request before Christmas for the removal of the speed humps in Clarence Street, Moss Vale. Clr Gair noted that the speed humps were removed and asked if the General Manager could thank appropriate Council staff.



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6. BOWRAL HOSPITAL 1811 Clr G Markwart asked if there has been any further discussion between Council and the NSW State Government regarding Bowral Hospital. The General Manager advised that this issue was raised with Mr Jai Rowell, MP, on his recent visit to Council. The General Manager advised that what Mr Rowell said was that there are now a number of new State Government Ministers and that he was hoping to be able to get some of the Ministers to come down to meet with Council to talk about concerns on a whole range of issues, which would include some planning issues and the clause 2.8 issues. The General Manager advised that Council had made representations to the previous Minister for Health regarding Bowral Hospital, but there is now a new Minister so a similar letter will be sent to the new Minister [the Hon Brad Hazzard, MP].

7. ACCIDENT AT THE CORNER OF HOLLY ROAD AND MOSS VALE ROAD,

BURRADOO RD 8260 1520, RD1909 Clr G M Turland tabled a letter from residents regarding an accident that occurred at the corner of Moss Vale Road and Holly Road, Burradoo, and asked if the letter could be referred to the Traffic Committee for consideration. The General Manager advised that the question would be taken on notice.

8. OBJECTION TO DA16/0193 – APPLICATION BY LANDCOM TO MODIFY

ENTRANCE INTO BOLD STREET AND CONNOLLY CLOSE, RENWICK 16/0193 Clr G M Turland tabled a letter of objection from residents of Renwick regarding DA16/0193 for Landcom to modify the application of a vehicle access to the subdivision of land on Mary Street, Mittagong so that access is via Bold Street and Connolly Close rather than directly from Mary Street. Clr Turland asked if the letter could be referred to the Traffic Committee for consideration.

The General Manager advised that the question would be taken on notice.

9. CROSSING ON THE RAILWAY BRIDGE AT THE NORTHERN END OF MOSS VALE

7430/20, RD8025 1010 Clr G McLaughlin asked for an update on the pedestrian crossing over the railway on Moss Vale Road and asked if the money from the State Government had been received. The General Manager advised that things are happening now.

10. ROAD SURFACING 7810/3

Clr G McLaughlin asked if any new road surfacing between Bowral and Moss Vale could include provision for a cycle lane either side of the road being of appropriate width for cyclists.



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The General Manager advised that this is an RMS road but the question will be taken on notice.

11. MT GIBRALTAR RESERVE The Mayor K J Halstead asked if an appropriate clean-up can be undertaken by Council staff of the Mt Gibraltar Reserve and, particularly, areas where visitors and residents visit, namely the “Inner Bowl” and lookout areas. The Mayor advised that this work could be described as general maintenance, and that the clean-up should ensure that visitors, etc, can access these areas without them being subjected to trip and fall accidents and potential snake bite.



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22. CLOSED COUNCIL

THERE WAS NO CLOSED COUNCIL AT THIS MEETING

It was noted that the following Items were considered earlier in the Meeting and therefore it was not necessary for Council to move into Closed Council: Item 22.1 – Moss Vale War Memorial Aquatic Centre - Extension of Contract with Belgravia Leisure (refer MN /17 on page ) Item 22.2 - Property Matters - 32-36 Wingecarribee Street, Bowral (refer MN /17/ on page )

23. ADOPTION OF COMMITTEE OF THE WHOLE

107/10

MN 28/17

MOTION moved by Clr T D Gair and seconded by Clr G McLaughlin THAT the recommendations of the Committee of the Whole held on Wednesday, 22 February 2017 being MN 04/17 to MN 17/17 be adopted. PASSED



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24. MEETING CLOSURE

THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 6.49 PM In accordance with the provisions of Section 375(2) of the Local Government Act, these Minutes of the Ordinary Council Meeting held Wednesday 8 February 2017 numbered M/N 01/17 to M/N 28/17 were signed by me hereunder at the Council Meeting held on Wednesday 22 February 2017.

CHAIRMAN

READ AND CONFIRMED ON WEDNESDAY 22 FEBRUARY 2017

CHAIRMAN PUBLIC OFFICER

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