ordinary meeting of council - wollongong city · pdf file · 2015-05-11confirmation...

MINUTES ORDINARY MEETING OF COUNCIL

at 6.02 pm

Monday 31 October 2011

Present

Lord Mayor – Councillor Bradbery OAM (in the Chair), Councillors Kershaw, Connor, Brown, Takacs, Martin, Merrin, Blicavs, Dorahy, Colacino, Crasnich, Curran and Petty

In Attendance

General Manager – D Farmer, Director Corporate and Community Services –G Doyle, Director Infrastructure and Works – P Kofod, Director Planning and Environment – A Carfield, Manager Governance and Information – L Kofod, Manager Property and Recreation – P Coyte, Manager Finance (Acting) –T Ramsden, Manager Infrastructure – J Shepherd, Manager City Planning –M Riordan, Manager Regulation and Enforcement – J Nicol, Manager EnvironmentalStrategy and Planning – R Campbell, Manager Community Cultural and Library Services – J Thompson and Manager Organisational Strategy and Planning (Acting) – B Logue

Minutes of Ordinary Council Meeting 31 October 2011

INDEX

PAGE NO.

Petitions and Presentations

Presentation of Awards ........................................................................................... 1

Petition - Requesting a Change of Location of Bus Stop in Corrimal Street, Wollongong ................................................................................... 1

Confirmation of Minutes

Confirmation of Minutes of Ordinary Meeting of Council held on Monday, 10 October 2011 ....................................................................................... 1

Public Access Forum

Dr R Robinson for Illawarra Eco Tourism Association – Shared Pathways and Eco Tourism..................................................................................... 2

Dr P Turner – Support for Notice of Motion by Councillor Merrin – Coal Seam Gas Mining............................................................................................ 2 Mr R Fryer – Proposed Road Closure of Cordeaux Road, Kembla Heights (prior to Lookout) to Vehicular Traffic ...................................................................... 3 Ms A Keats – Request to Relocate Bus Drop-Off Area from Corrimal Street, Wollongong to Burelli Street (in front of Council Administration Building) Friday to Sunday Nights.................................................... 3

Notices of Motion

ITEM 1 Councillor Leigh Colacino - Feasibility Study for Construction of a Shared Pathway along Lawrence Hargrave Drive, Stanwell Park (CM194/11) ............................................................................................................. 4

ITEM 2 Councillor Jill Merrin - Establishment of Committees and Reference Groups (CM195/11)................................................................................................. 4

ITEM 3 Councillor Jill Merrin - Code of Meeting Practice (CM196/11) ................................. 6

ITEM 4 Councillor Jill Merrin - Coal Seam Gas Mining (CM197/11) .................................... 8

ITEM 5 Councillor Chris Connor - Reactivate Council Membership to the NSW Association of Mining Related Councils (CM198/11) ..................................... 9


ITEM 6 Councillor Michelle Blicavs - Representations to the NSW State Government to gain Regional Status Benefits (CM199/11) ................................... 10

ITEM 7 Councillor John Dorahy - The NBN Rollout and WiFi of the Mall (CM200/11) ............................................................................................................. 10

ITEM 8 Councillor Michelle Blicavs - Council Opposition to the Proposed Calderwood Development (CM201/11) ................................................................... 11

ITEM 9 Councillor George Takacs - Neighbourhood Forum 5 - Draft Plan of Management for the Wiseman/ Tramway/Gilmore Park Areas (CM202/11) ............................................................................................................. 11

Call of the Agenda

Adoption of Items 17, 19, 21, 24, 27, 28, 30 and 31 ............................................... 11

General Manager's Office

ITEM 10 Constitutional Recognition of Local Government (CM203/11)................................. 12

ITEM 11 Destination 2036 Outcomes Report - Wollongong City Council submission (CM204/11)........................................................................................... 12

Planning and Environment Department

ITEM 12 Tallawarra Lands - Submission to Environmental Assessment Regarding the Concept Plan - Part 3A Major Project Approval (CM205/11) ............................................................................................................. 13

ITEM 13 NSW Planning System Review (CM206/11)............................................................ 14

ITEM 14 Committee and Reference Groups - Environmental Issues (CM207/11) ............................................................................................................. 14

ITEM 15 Wollongong Heritage Strategy and Action Plan 2011-2014 (CM208/11) ............................................................................................................. 15

ITEM 16 Wollongong Heritage Advisory Committee (CM209/11) .......................................... 15

ITEM 17 Quarterly Report on Development Applications involving variations to development standards (CM210/11) ....................................................................... 15


Infrastructure and Works Department

ITEM 18 Proposed Construction of Recycling Facility at Jarvie Road, Cringila (CM225/11) ............................................................................................................. 16

ITEM 19 Adoption of Flood Study for the Combined Catchments of Whartons, Collins and Farrahars Creeks, Bellambi Gully and Bellambi Lake (CM211/11) ............................................................................................................. 16

ITEM 20 Proposed Expression of Interest for West Dapto Police and Community Youth Club (CM212/11)........................................................................ 17

ITEM 21 Mt Keira Downhill Challenge - Australian Skateboard Racing Association - 20-22 April 2012 (CM213/11)............................................................. 17

ITEM 22 Status Report on the Refurbishment of Sandon Point Surf Life Saving Club (CM214/11) ..................................................................................................... 17

ITEM 23 Minutes of The City of Wollongong Traffic Committee Meeting of 28 September 2011 (CM215/11) ............................................................................. 18

Corporate and Community Services Department

ITEM 24 Annual Financial Statements for the Year Ended 30 June 2011 (CM216/11) ............................................................................................................. 18

ITEM 25 Election of Councillors to Committees and External Organisations (CM217/11) ............................................................................................................. 18

ITEM 26 Code of Meeting Practice (CM218/11) .................................................................... 21

ITEM 27 Viva La Gong Festival 2011 (CM219/11)................................................................. 21

ITEM 28 Coniston Community Centre - 2011/12 Fees and Charges (CM220/11) ............................................................................................................. 22

ITEM 29 September 2011 Financials (CM221/11) ................................................................. 22

ITEM 30 Statement of Investments - September 2011 (CM222/11) ...................................... 22

ITEM 31 Tabling of Annual Returns of Disclosures of Interests and Other Matters (CM223/11)................................................................................................. 22

ITEM 32 Civic Reception for Professor Gerard Sutton AO (CM224/11) ..................................23

Minutes of Ordinary Council Meeting 31 October 2011 1

Petitions and Presentations

PRESENTATION OF AWARDS

The Lord Mayor tabled two Awards recently presented to Council –

- 2011 NSW Local Government Aboriginal Network Award for ‘Council Partnership of the Year’.

- Westpool Risk Management Annual Award for Excellence in Risk Management.

PETITION – REQUESTING A CHANGE OF LOCATION FOR BUS STOP IN CORRIMAL STREET, WOLLONGONG

Councillor Brown tabled a letter from Ms A Keats and a petition from 92 residents of Corrimal and Market Streets, Wollongong, calling for a changed location for the bus stop for the late night Friday to Sunday bus that travels from the University and North Wollongong Hotels to the Central Business District.

The bus presently stops on the eastern side of Corrimal Street between Smith and Market Streets and the petitioners are requesting that passengers alight from the bus in Burelli Street, near the Council Chambers, so as not to disturb residents. The petitioners have also referred the matter to the Roads and Traffic Authority and the State Minister for Transport.

204 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Blicavs that the relevant Council Division brief Ward Councillors about options Council may have to assist the petitioners.

Confirmation of Minutes

CONFIRMATION OF MINUTES OF ORDINARY MEETING OF COUNCIL HELD ON MONDAY, 10 OCTOBER 2011

205 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Blicavs that the Minutes of the Ordinary Meeting of Council held on Monday, 10 October 2011 (a copy having been circulated to Councillors) be taken as read and confirmed.


Public Access Forum

SHARED PATHWAYS AND ECO TOURISM

On behalf of the Illawarra Eco Tourism Association (IETA), Dr Ray Robinson advised that IETA, together with the Illawarra Local Aboriginal Land Council, have visions for a shared track from Bulli to Wollongong and beyond. The groups sought participation by all community sectors in the development of eco tourism from Stanwell Park to Windang and beyond. A summary of the project was presented to the Lord Mayor on 17 October 2011. Whilst having an appreciation for the existing north/south shared pathway, there is another pathway known as the Throsby Dreaming Track which was traversed by Dr Charles Throsby in 1815 and is said to follow closely the Aboriginal Dreaming Track over the escarpment near Bulli Pass.

The medium-term focus of eco tourism is a Bi Centennial anniversary in 2015. The dreaming program out to 2015 includes interpretive tours by trained Aboriginal tutors, a cultural education centre at Bellambi, eco tourist villages at Old Bulli Mine, Fairy Meadow and Windang. It is also proposed to turn Hill 60 at Port Kembla into an Aboriginal, military and historical museum. IETA and the Land Council are seeking Council’s guidance, active partnership and facilitation, but not control, as that belongs to the wider community.

Dr Robinson voiced strong support for Item 1 on the agenda, as it is an integral part of the future for eco tourism in the Illawarra.

SUPPORT FOR NOTICE OF MOTION BY COUNCILLOR MERRIN – COAL SEAM GAS MINING

Dr Peter Turner expressed strong support for Councillor Merrin’s Notice of Motion seeking to form a common position with other councils to address the challenges facing the Sydney Catchment Authority managed Special Areas, particularly in relation to mining and coal seam gas extraction. Dr Turner thanked Council for its positive response to community concerns in relation to these matters.

Dr Turner suggested that there is cause for concern. He noted that the Government’s gateway strategy for development on strategic land defines strategic land with respect to agricultural and biodiversity value, but makes no mention of catchments. He suggested this is a worrying omission and is something Council might discuss with other councils with a view to raising the issue with government. Dr Turner suggested a second problem with the strategy is the use of a risk assessment based approach; risk is


no longer acceptable or appropriate in the Special Areas. Dr Turner suggested that government’s submission to the NSW CSG Inquiry effectively leaves the door open for CSG extraction in the Special Areas. He suggested that for consistency, Council consider proceeding with the proposal to zone the balance of the Garawarra crown lands and the Sydney Catchment Authority land as E2. Likewise Council should consider not proceeding with proposed E3 zonings on land that might be of interest to a gas company.

PROPOSED ROAD CLOSURE OF CORDEAUX ROAD, KEMBLA HEIGHTS (PRIOR TO LOOKOUT) TO VEHICULAR TRAFFIC

Mr R Fryer advised of anti-social behaviour which occurs at the above location, particularly after dark. He said that such behaviour creates a bushfire risk for residents of Windy Gully, Kembla Heights, and the village of Mount Kembla, as well as threatening the environment and wildlife. Mr Fryer said that he had met Council conditions when developing his property and he was now asking Council to help minimise the risk of bushfires by exercising its duty of care and reduce the high risk of bushfires by eliminating the anti-social behaviour.

Mr Fryer said that an option for consideration could be the closure of the road at sunset and reopening at sunrise. Mr Fryer had provided Councillors with supporting information which he asked them to review as part of Council’s duty of care to ensure that residents of Windy Gully, Kembla Heights and the village of Mount Kembla are not put at risk by anti-social behaviour.

REQUEST TO RELOCATE BUS DROP-OFF AREA FROM CORRIMAL

STREET, WOLLONGONG TO BURELLI STREET (IN FRONT OF COUNCIL ADMINISTRATION BUILDING) – FRIDAY - SUNDAY NIGHTS

Ms A Keats advised that she had collected over 90 signatures as part of a petition to the Lord Mayor, Ward 2 Councillors, Minister for Transport and the Roads and Traffic Authority expressing concerns in relation to the drop-off zone used by a private bus company in Corrimal Street, Wollongong on Friday to Sunday nights. The bus collects passengers from various hotels and other places and drops them off in Corrimal Street, so that they can make their way to the Wollongong CBD. Anti-social behaviour, includes amongst other things, noise levels and cans and bottles thrown into the gardens of a nearby unit complex. Many passengers are inebriated and stagger along the roadway.


Ms Keats asked that Council give consideration to supporting a move of the drop-off zone to outside the Council Administration Building in Burelli Street, where the area is well illuminated and CCTV cameras are in place. Also, with fewer busy roads to negotiate, Ms Keats felt that the area is safer for passengers as it is generally closer to their chosen venues.

206 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Martin that the speakers be thanked for their presentations and they be invited to table their notes, if they so desire.

Notices of Motion

ITEM 1 - COUNCILLOR COLACINO - FEASIBILITY STUDY FOR CONSTRUCTION OF A SHARED PATHWAY ALONG LAWRENCE HARGRAVE DRIVE, STANWELL PARK

207 RESOLVED UNANIMOUSLY on the motion of Councillor Colacino

seconded Councillor Petty that –

1 A feasibility study be prepared for a shared pathway on the eastern side of Lawrence Hargrave Drive which would connect the Wodi Wodi access path at the Southern end of Stanwell Park to the Tom and Norma Williamson Rest Area at the Northern end of Coalcliff.

2 A report be submitted to Council on the outcome of the study and funding options.

ITEM 2 - COUNCILLOR MERRIN - ESTABLISHMENT OF COMMITTEES AND REFERENCE GROUPS

MOVED by Councillor Merrin seconded Councillor Takacs that the following Council Committees be formed, with the aim of assisting Council in its long-term, strategic planning for overall sustainability:

a Environment and Sustainability Committee be deferred for consideration as part of Item 14.

b Waste Planning Committee

This committee would oversee planning for Wollongong’s future commercial and domestic waste needs, as well as strategies for


increasing our levels of waste reduction and recycling. There is a need for long-term strategic planning to ensure there are sufficient landfill sites, as well as plans for a range of waste recycling methodologies, emerging toxic waste issues, and means to reduce public and private production of waste.

Recommended structure:

2 x Councillors, 2 x community representatives, 2 x waste planning experts.

c Active Transport Committee

The previous Bicycle Planning Taskforce was disbanded in 2008 on the basis that its work was complete. However, in view of the State and Federal Governments’ increasing commitment to improving cycling, walking and public transport uptake for health and environmental reasons, there is a need for Council to plan strategically in this area. A newly-formed Council Committee has the opportunity to take an overarching approach to active transport


2 x Councillors, 3 x community representatives, 1 x transport expert.

d Illawarra Escarpment Planning Committee

This committee or authority was recommended by the Commission of Inquiry into the Illawarra Escarpment and, throughout the subsequent development of the Illawarra Escarpment Plan of Management (PoM). Council and the State Government were committed to the formation of such a committee. The Committee’s role would be to oversee the implementation of the PoM and recommend any changes to the PoM to ensure that its objectives are being met.


3 x Councillors (1 from each ward), 3 x community representatives (1 from each ward), representative from the Illawarra Escarpment Coalition, 1 representative from the Department of Planning and Infrastructure.

208 An AMENDMENT was MOVED by Councillor Brown seconded Councillor Martin that -

a The reference group described in Agenda Item 14 be renamed the Environment and Sustainability Reference Group.

b Councillors receive a report outlining Council’s internal process for determining commercial and domestic waste needs and strategies for waste reduction and promoting recycling.


c The Bicycle Reference Group Charter, when presented to Council for

approval, be renamed the Bicycle, Pedestrian and Public Transport Reference Group and its charter include in the responsibilities and functions section, ‘promoting cycling, walking and public transport for improved health and environmental outcomes’.

d A report be presented to Councillors detailing how a possible

Escarpment Planning Committee and its functions could operate.

The AMENDMENT on being PUT to the VOTE was CARRIED UNANIMOUSLY. The AMENDMENT then BECAME the MOTION. The MOTION was PUT and CARRIED UNANIMOUSLY.

DEPARTURE OF COUNCILLOR

During consideration on Item 3 and prior to voting on the item, Councillor Colacino departed and returned to the meeting, the times being from 7.03 pm and 7.04 pm.

ITEM 3 - COUNCILLOR MERRIN - CODE OF MEETING PRACTICE

MOVED by Councillor Merrin seconded Councillor Takacs that –

a Draft amendments i) to v) be made to the Code of Meeting Practice, and the changes placed on public exhibition as required:

i Ordinary Notices of Motion be accepted up to close of business 7 days prior to the date of the following ordinary Council meeting (Monday of the week before the Monday meeting). It is unusual for Councillor Motions to be required to be received 12 days prior to an Ordinary Council meeting. This unnecessarily constrains Councillors and reduces the ability to respond to community concerns and new information in the lead up to a meeting.

ii Any late business items be demonstrated to be urgent, and put to the Council for acceptance as such at the beginning of each Council meeting.


iii Any proposed amendments to listed agenda items be distributed to Council staff and to all Councillors by close of business 3 days prior to the date of the following ordinary Council meeting (Friday of the week before the Monday meeting).

iv General Council meetings begin at 5 pm and finish no later than 8 pm.

v Council meetings be recorded, using appropriate technology, and made available to the general public on Council’s website.

b Council officers provide a report on the options for recording Council meetings for public dissemination, including by sound recording or live streaming through the Council website, with both POD and VOD casts of past meetings available on the website. The report to include costings and methods used by other Councils which provide public broadcasting of meetings.

209 An AMENDMENT was MOVED by Councillor Brown seconded Councillor Martin that –

a Part a (i to v) of Agenda Item 3 and Agenda Item 26 (which deals with the Code of Meeting Practice) be deferred and a Working Group of available Councillors and staff, nominated by the General Manager, be formed to review suggested modifications to the Code of Meeting Practice so as to advertise for future approval by Council by the end of 2011.

b Council officers provide a report on the options for recording Council meetings for public dissemination, including by sound recording or live streaming through the Council website, with both POD and VOD casts of past meetings available on the website. The report include costings, legal hazards, the methods used by other councils which provide public broadcasting of meetings and how many viewers/listeners or downloads they attract, as well as a draft consultation plan that Wollongong Council may use to gauge local community support for such a proposal.

The AMENDMENT on being PUT to the VOTE was CARRIED UNANIMOUSLY.

The AMENDMENT then BECAME the MOTION.

The MOTION was PUT and CARRIED UNANIMOUSLY.


ITEM 4 - COUNCILLOR MERRIN - COAL SEAM GAS MINING

210 MOVED Councillor Merrin seconded Councillor Curran that in view of Council’s well-received commitment to ruling out Coal Seam Gas (CSG) mining in the Sydney and Illawarra water supply catchments, and concerns about the impacts of CSG mining, Council approach other councils within the Schedules 1 and 2 Special Areas, the greater water supply catchment, and the Southern Councils Group, to:

a advise of our commitments as stated in the minutes of the meeting of 10 October 2011, Item 3;

b provide a copy of Council’s submission to the Planning Assessment Commission meeting of 17 October on Apex’s proposal for an additional exploratory bore in Darkes Forest;

c request the other councils within the water supply catchment, and the Southern Councils Group, to consider similar commitments; and

d seek a broad Local Government commitment, in line with Wollongong City Council’s commitment, through a joint statement by the other councils within the Schedules 1 and 2 Special Areas, in the greater water supply catchment, and the Southern Councils Group.

An AMENDMENT was MOVED by Councillor Petty seconded Councillor Kershaw that in view of Council’s well-received commitment to ruling out Coal Seam Gas (CSG) mining in the Sydney and Illawarra water supply catchments, and concerns about the impacts of CSG mining – 1 Council approach other councils within the Schedules 1 and 2 Special

Areas, the greater water supply catchment, and the Southern Councils Group, to:

a advise of our commitments as stated in the minutes of the meeting of 10 October 2011, Item 3;

b provide a copy of Council’s submission to the Planning Assessment Commission meeting of 17 October on Apex’s proposal for an additional exploratory bore in Darkes Forest;

c request the other councils within the water supply catchment, and the Southern Councils Group, to consider similar commitments; and

d seek a broad Local Government commitment, in line with Wollongong City Council’s commitment, through a joint statement by the other councils within the Schedules 1 and 2 Special Areas, in the greater water supply catchment, and the Southern Councils Group.


2 Recognising the increasing scientific and community concerns surrounding Coal Seam Gas exploration and development, and the importance of maintaining and enhancing water supply for the environment and human life, Wollongong City Council calls upon a ban of coal seam gas mining and exploration in the Wollongong local government area.

3 Council be provided with a report that provides an overview of the current legislation relating to coal seam gas licences including options available to Council to approve the renewal of any licences previously issued, or rescinding any existing licences that apply to the Wollongong local government area.

4 Council be provided with advice as to its options in relation to permission granted to Apex Energy by Wollongong City Council in 2009 to drill on Crown Land (site reference A105), including whether the permission could be withdrawn or revoked.

The AMENDMENT on being PUT to the VOTE was LOST.

In favour

Councillor Petty

Against Councillors Bradbery, Kershaw, Connor, Brown, Martin, Takacs, Merrin, Blicavs, Dorahy, Colacino, Crasnich and Curran

The MOTION was PUT and CARRIED UNANIMOUSLY.

ITEM 5 - COUNCILLOR CONNOR - REACTIVATE COUNCIL

MEMBERSHIP TO THE NSW ASSOCIATION OF MINING RELATED COUNCILS

211 RESOLVED UNANIMOUSLY on the motion of Councillor Connor

seconded Councillor Curran that -

1 Wollongong City Council reactivate its membership and elect delegates to the NSW Association of Mining Related Councils.

2 Two delegates be elected at this meeting, as part of the election process for Item 25.


DISCLOSURE OF INTEREST

Councillor Kershaw declared a non significant conflict of interest in Item 6 due to her employment with the New South Wales Department of Finance and Services. Councillor Kershaw was not present in the Council Chambers during discussion and voting on Item 6.

ITEM 6 - COUNCILLOR BLICAVS - REPRESENTATIONS TO THE NSW STATE GOVERNMENT TO GAIN REGIONAL STATUS BENEFITS

212 RESOLVED on the motion of Councillor Blicavs seconded Councillor Colacino that Council make representations to the NSW State Government to reconsider inclusion of the Wollongong Local Government Area in two current economic growth proposals for the State:

1 Payroll Tax rebates – Wollongong LGA to be included in the first 100,000 jobs created to receive the rebate package.

2 Relocation Package – Wollongong LGA to be included in the State Grant of $7,000 for relocating from Sydney to the Wollongong area.

In Favour

Councillors Brown, Martin, Blicavs, Dorahy, Colacino, Crasnich and Petty

Against Councillors Connor, Takacs, Merrin, Curran and Bradbery ITEM 7 - COUNCILLOR DORAHY - THE NBN ROLLOUT AND WIFI OF

THE MALL

213 RESOLVED UNANIMOUSLY on the motion of Councillor Dorahy

seconded Councillor Takacs that Council be provided with a report on:

1 Discussions with the NBN Company regarding the rollout of the NBN through Wollongong and Dapto, and the ongoing plans for community consultation around the rollout.

2 The economic, social and cultural benefit to the City through provision of free WiFi in the Mall, including the cost of implementation, annual running costs, projected usage rates (based on any similar WiFi provision in other areas) and a draft consultation plan that Wollongong Council may use to gauge local community support for such a proposal.

3 The report canvas possible private or public sector partners to fund and support the proposal.


ADJOURNMENT OF MEETING

214 RESOLVED UNANIMOUSLY on the motion of Councillor Petty seconded Councillor Blicavs that the meeting adjourn for a short break.

At this stage, the time being 7.57 pm, the meeting was adjourned. The meeting resumed at 8.03 pm.

ITEM 8 - COUNCILLOR BLICAVS - COUNCIL OPPOSITION TO THE

PROPOSED CALDERWOOD DEVELOPMENT

215 RESOLVED UNANIMOUSLY on the motion of Councillor Blicavs

seconded Councillor Colacino that Council:

1 Reinforce its opposition to the proposed Calderwood development which was also opposed by the previous Council Administrators.

2 Make representations to the NSW Premier, the NSW Minister for Planning and Minister for The Illawarra, as a matter of urgency, to discuss Council’s opposition to and concerns with the proposal.

ITEM 9 - COUNCILLOR TAKACS - NEIGHBOURHOOD FORUM 5 -

DRAFT PLAN OF MANAGEMENT FOR THE WISEMAN/ TRAMWAY/GILMORE PARK AREAS

216 RESOLVED UNANIMOUSLY on the motion of Councillor Takacs

seconded Councillor Brown that the proposed draft plan of management (attached to the Notice of Motion) prepared by community members and endorsed by Neighbourhood Forum 5, be placed on Council's website and publicised to encourage further public comment on it as a basis for a future plan of management for the Wiseman/Tramway/Gilmore Park areas, after a meeting between relevant Council officers and representatives of Neighbourhood Forum 5 to ensure that the draft complies with the Local Government Act and Wollongong City Council practice.

CALL OF THE AGENDA

217 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Takacs that the staff recommendations for Items 17, 19, 21, 24, 27, 28, 30 and 31 be adopted as a block.


Office of the General Manager

ITEM 10 - CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT

218 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Martin that -

1 The information contained in the report on Constitutional Recognition for Local Government be received.

2 Council declare its support for the financial recognition of local government in the Australian Constitution so that the Federal Government has the power to fund local government directly.

3 Council seek the inclusion of local government in any new Preamble to the Constitution if one is proposed.

4 Council call on all political parties to support a referendum by 2013 to change the Australian Constitution to achieve Constitutional recognition for local government and in this regard, Council write to the Prime Minister, the Leader of the Opposition and local Federal Members of Parliament to inform them of Council’s support for Constitutional recognition for local government.

5 Council write to the Expert Panel for Constitutional Recognition of Local Government to inform them of Council’s support for Constitutional Recognition for Local Government and the above resolutions.

ITEM 11 - DESTINATION 2036 OUTCOMES REPORT - WOLLONGONG

CITY COUNCIL SUBMISSION

219 RESOLVED UNANIMOUSLY on the motion of Councillor Blicavs seconded Councillor Colacino that -

1 Council write to the Minister for Local Government The Hon Don Page MP supporting the draft vision for Local Government.

2 Council include in the submission to the Minister, support for the following actions:

a Review of the tax system to ensure Local Government gets equitable share of revenue.

b Establish a formal contractual arrangement with State and Federal Governments to guarantee funding for delivery of services.


c Integrate community plans on a regional basis, particularly with State agencies, to enable coordination of regional service delivery.

d Compulsory training and retraining for Councillors and senior staff.

e Carry out service review to identify needs/wants of the community and decide who provides what services.

f Establish a task force to clarify the roles and responsibilities of all levels of government.

g Expand role of councils in state service delivery.

Planning and Environment Department

ITEM 12 - TALLAWARRA LANDS - SUBMISSION TO ENVIRONMENTAL ASSESSMENT REGARDING THE CONCEPT PLAN - PART 3A MAJOR PROJECT APPROVAL

220 RESOLVED UNANIMOUSLY on the motion of Councillor Connor seconded Councillor Dorahy that –

1 The draft submission on Major Project 2009/131 at Tallawarra (Attachment 4 of the report) be endorsed for finalisation by the General Manager and submitted to the NSW Department of Planning and Infrastructure.

2 The submission –

a Include Council’s desire for infrastructure to lead development, as well as Council to have the ability to prepare a site specific chapter of the DCP and that employment lands be first and foremost in the development.

b Include awareness of the impact on Lake Illawarra.

c Ensure that the water quality from the development is protected.

d Ensure that the bicycle path is appropriate to the requirements identified by the Bicycle Users’ Group.

3 Concerned residents of East Dapto be commended for their hard work over many years.


ITEM 13 - NSW PLANNING SYSTEM REVIEW

221 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Connor that the draft submission on the NSW Planning System Review (Attachment 1 of the report) be endorsed for finalisation by the General Manager and submitted to the Joint Chairs of the NSW Planning System Review.

ITEM 14 - COMMITTEE AND REFERENCE GROUPS -

ENVIRONMENTAL ISSUES

222 RESOLVED UNANIMOUSLY on the motion of Councillor Brown

seconded Councillor Kershaw that -

1 The proposed Environment and Sustainability Reference Group Charter, included as Attachment 1 of the report, be endorsed.

2 The following three (3) Councillors be appointed as members of the Environment and Sustainability Reference Group:

a Councillor Merrin as Chairperson;

b Councillor Takacs; and

c Councillor Petty

3 The proposed revised Estuary and Coastal Zone Management Committee Charter, included as Attachment 2 of the report, be endorsed.

4 The following three (3) Councillors be appointed as members of the Estuary and Coastal Zone Management Committee:

a Councillor Brown as Chairperson;

b Councillor Kershaw ; and

c Councillor Curran .

5 Delegation be granted to the General Manager to undertake an expression of interest process and appoint the remaining positions making up the Environment and Sustainability Reference Group and the Estuary and Coastal Zone Management Committee membership.

6 The former members of the Estuary and Coastal Zone Management Committee be sent letters of appreciation for their service.


ITEM 15 - WOLLONGONG HERITAGE STRATEGY AND ACTION PLAN

2011-2014

223 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Dorahy that -

1 The Wollongong Heritage Strategy 2011-2014 be adopted as Council Policy.

2 The Wollongong Heritage Action Plan 2011-2014 be noted as Council’s operational delivery plan.

3 Letters of appreciation be sent to members of the Wollongong Heritage Advisory Committee expressing appreciation for their input and involvement in the preparation of these important policies.

ITEM 16 - WOLLONGONG HERITAGE ADVISORY COMMITTEE

224 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Kershaw that -

1 The proposed Wollongong Heritage Advisory Committee Charter, included as Attachment 1 of the report, be endorsed.

2 The following two (2) Councillors be appointed as members of the Wollongong Heritage Advisory Committee:

a Councillor Dorahy as Chairperson, and

b Councillor Curran.

3 Delegation be granted to the General Manager to undertake an expression of interest process and appoint the remaining eight (8) positions making up the Committee Membership.

4 The former members of the Wollongong Heritage Advisory Committee be sent letters of appreciation for their service on the Committee and inviting them to submit expressions of interest in the new Committee.

ITEM 17 - QUARTERLY REPORT ON DEVELOPMENT APPLICATIONS

INVOLVING VARIATIONS TO DEVELOPMENT STANDARDS

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 217). COUNCIL’S RESOLUTION - The report be noted.



Councillor Martin declared a non-significant and non-pecuniary interest in Item 18 due to her employment by the Department of Planning. The Department is defending this matter in Court.

Infrastructure and Works Department

ITEM 18 - PROPOSED CONSTRUCTION OF RECYCLING FACILITY AT JARVIE ROAD, CRINGILA

225 RESOLVED UNANIMOUSLY on the motion of Councillor Connor seconded Councillor Curran that the report be noted, and -

1 Council, after having heard further from the community and the applicant for consent, determine to oppose the grant of development consent to the applicant.

2 Council instruct its lawyers to:

a Appear at the hearing on behalf of Council;

b Advise the Land and Environment Court, the applicant and the JRPP that Council opposes the grant of consent on the grounds raised by the JRPP, including traffic access, and the direct and detrimental impact upon the local community of Cringila;

c Take an active and vigorous role in the proceedings, including cross-examining witnesses and making submissions on evidence;

d Assist the Joint Regional Planning Panel by the provision of administrative and other assistance as required.

ITEM 19 - ADOPTION OF FLOOD STUDY FOR THE COMBINED

CATCHMENTS OF WHARTONS, COLLINS AND FARRAHARS CREEKS, BELLAMBI GULLY AND BELLAMBI LAKE

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 217). COUNCIL’S RESOLUTION - Council adopt the Combined Catchments of Whartons, Collins and Farrahars Creeks, Bellambi Gully and Bellambi Lake Flood Study.


ITEM 20 - PROPOSED EXPRESSION OF INTEREST FOR WEST

DAPTO POLICE AND COMMUNITY YOUTH CLUB

226 RESOLVED UNANIMOUSLY on the motion of Councillor Crasnich

seconded Councillor Connor that -

1 Council endorse the proposal to submit an Expression of Interest to Police and Community Youth Clubs NSW (PCYC) for NSW Government funding to assist in establishing a new West Dapto PCYC in the 2014/15 financial year.

2 Council provide in-principle support to further investigate the feasibility of the project.

ITEM 21 - MT KEIRA DOWNHILL CHALLENGE - AUSTRALIAN

SKATEBOARD RACING ASSOCIATION - 20-22 APRIL 2012

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 217). COUNCIL’S RESOLUTION –

1 Council note the contents of the reports in the attachments detailing the proposed traffic arrangements and the overall event organisation arrangements.

2 Council accept the City of Wollongong Traffic Committee’s recommendation Item 14 from its meeting of 27 September 2011.

3 Council also note that Council maintenance staff will undertake an inspection of the Mt Keira road surface prior to the event and attend to any urgent pothole repairs as required.

ITEM 22 - STATUS REPORT ON THE REFURBISHMENT OF SANDON

POINT SURF LIFE SAVING CLUB

227 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Martin that –

1 The information be noted.

2 A report be brought to Council on the status of the Aboriginal sites in the Sandon Point area and the options for protecting them from foot traffic and erosion in the future.


ITEM 23 - MINUTES OF THE CITY OF WOLLONGONG TRAFFIC COMMITTEE MEETING OF 28 SEPTEMBER 2011

228 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Petty that in accordance with the powers delegated to Council, the minutes and recommendations of the City of Wollongong Traffic Committee held 28 September 2011 in relation to Regulation of Traffic, be adopted.

Corporate and Community Services Department

ITEM 24 - ANNUAL FINANCIAL STATEMENTS FOR THE YEAR ENDED

30 JUNE 2011

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 217). COUNCIL’S RESOLUTION – The audited Financial Reports for the year ended 30 June 2011, together with the Auditor’s Reports, be presented to the public.

ITEM 25 - ELECTION OF COUNCILLORS TO COMMITTEES AND

EXTERNAL ORGANISATIONS

229 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Takacs that -

1 Nominations be called for from Councillors to serve on the committees and organisations as described in the Attachment. That Councillors nominated before the meeting to serve on these committees and organisations be given an opportunity to withdraw.

2 Where the nominations now equal or are fewer than the vacancies those Councillors be declared elected.

3 Where vacancies now exist these be presented to a future Council meeting when it next considers committee or reference group vacancies.

4 Where nominations exceed the positions vacant, an election be held on a show of hands as described on page 67 of the business paper.

5 Representation on the Old Court House Management Committee be delegated to the General Manager.


NSW Association of Mining Related Councils

Councillors Bradbery and Connor were appointed as Council’s representatives on the NSW Association of Mining Related Councils.

Floodplain Management Association

Councillors Dorahy and Crasnich were appointed as Council’s representatives on the Floodplain Management Association.

Healthy Cities Illawarra Management Committee

Councillor Takacs was appointed as Council’s representative on Healthy Cities Illawarra Management Committee.

Illawarra District Noxious Weeds Authority

Councillor Merrin was appointed as Council’s representative on the Illawarra District Noxious Weeds Authority.

Illawarra ITeC Ltd

Councillor Blicavs was appointed as Council’s representative on Illawarra ITeC Limited.

Illawarra Regional Airport Management Advisory Committee

Councillor Petty was appointed as Council’s representative on the Illawarra Regional Airport Management Advisory Committee.

Illawarra Regional Information Service Board

Councillors Curran, Dorahy and Martin were appointed as Council’s representatives on the Illawarra Regional Information Service Board.


Landcare Illawarra Management Committee

Councillor Crasnich was appointed as Council’s representative on the Landcare Illawarra Management Committee.

Old Court House Management Committee

Representation on this Committee be delegated to the General Manager.

Public Libraries NSW

Councillor Connor was appointed as Council’s representative on Public Libraries NSW.

South Coast Region Advisory Committee – National Parks and Wildlife Service

Councillor Takacs was nominated for referral to the Minister as Council’s nominee for appointment to the above Committee.

Performance Review Committee

Nominations were received for Councillors Blicavs and Merrin and on a show of hands -

- Councillors Kershaw, Brown, Martin, Blicavs, Dorahy, Colacino, Crasnich and Bradbery were recorded as voting for Councillor Blicavs.

- Councillors Connor, Curran, Petty, Takacs and Merrin were recorded as voting for Councillor Merrin.

Councillor Blicavs was subsequently declared appointed to the Performance Review Committee. The Lord Mayor and Deputy Lord Mayor are automatically appointed to the Committee.


Joint Regional Planning Panel

Nominations were received for Councillors Brown and Merrin for appointment as Council’s Delegate on the Joint Regional Planning Panel and on a show of hands – - Councillors Kershaw, Connor, Brown, Martin, Blicavs, Dorahy,

Colacino, Crasnich, Curran, Petty and Bradbery were recorded as voting for Councillor Brown.

- Councillors Takacs and Merrin were recorded as voting for Councillor Merrin.

Councillor Brown was subsequently appointed as Council’s Delegate on the Joint Regional Planning Panel.

Nominations were received for Councillors Dorahy and Merrin for appointment as Council’s Alternate Delegate on the Joint Regional Planning Panel and on a show of hands –

- Councillors Kershaw, Connor, Brown, Martin, Blicavs, Dorahy, Colacino, Crasnich and Bradbery were recorded as voting for Councillor Dorahy.

- Councillors Curran, Petty, Takacs and Merrin were recorded as voting for Councillor Merrin.

Councillor Dorahy was subsequently appointed as Council’s Alternate Delegate on the Joint Regional Planning Panel.

ITEM 26 - CODE OF MEETING PRACTICE

This item was considered in conjunction with Item 3 (refer Minute Number 209).

ITEM 27 - VIVA LA GONG FESTIVAL 2011

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 217). COUNCIL’S RESOLUTION – Council note the information contained within the report.


ITEM 28 - CONISTON COMMUNITY CENTRE - 2011/12 FEES AND

CHARGES

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 217). COUNCIL’S RESOLUTION – Council adopt the schedule of Fees and Charges 2011-2012, for Coniston Community Centre as per Attachment 1 of this report.

ITEM 29 - SEPTEMBER 2011 FINANCIALS

230 RESOLVED UNANIMOUSLY on the motion of Councillor Petty

seconded Councillor Blicavs that the report be received and noted.

ITEM 30 - STATEMENT OF INVESTMENTS - SEPTEMBER 2011

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 217). COUNCIL’S RESOLUTION – Council receive the Statement of Investments for September 2011.

ITEM 31 - TABLING OF ANNUAL RETURNS OF DISCLOSURES OF INTERESTS AND OTHER MATTERS

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 217). COUNCIL’S RESOLUTION –

1 Council note the tabling of the Returns of Disclosures of Interests and Other Matters as required by Section 450A of the Local Government Act 1993.

2 Council advise the Division of Local Government of the failure of two employees to lodge their Annual Returns and the applicable circumstances.



Councillor Takacs declared a pecuniary interest in Item 32 due to his employment at the University of Wollongong. Councillor Takacs was not present in the Council Chambers during discussion and voting on Item 32.

ITEM 32 - CIVIC RECEPTION - PROFESSOR GERARD SUTTON AO

231 RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Blicavs that –

1 Council approve a Civic Reception to be held in honour of Professor Gerard Sutton AO, the University of Wollongong’s retiring Vice Chancellor.

2 Council formally congratulate Professor Sutton, Vice-Chancellor of the University of Wollongong on his outstanding career at the University and recognise his work to lead the University as a major partner with Council in building the future of the city.

3 The Catering Policy be amended to remove references to Council approval for Civic Receptions and establish a clause to the effect that “Any increase in the annual budget allocation for Civic Receptions be approved by Council”.

THE MEETING CONCLUDED AT 9.14 PM Confirmed as a correct record of proceedings at the Ordinary Meeting of the Council of the City of Wollongong held on 14 November 2011.

Chairperson

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