minutes of ordinary meeting of council - 12 august 2015 · 8/12/2015 · minutes of the ordinary...

MINUTES

of the

Ordinary Meeting of Council

held in

Council Chambers

Civic Centre, Elizabeth Street, Moss Vale

on

Wednesday 12 August 2015

Wednesday 31 The meeting commenced at 3.30pm

File No. 100/2015

MINUTES OF THE ORDINARY MEETING OF COUNCIL


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1. OPENING OF THE MEETING

2. ACKNOWLEDGMENT OF COUNTRY

3. PRAYER

4. APOLOGIES

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 22 July 2015

6. BUSINESS ARISING ...................................................................................... 3

7. DECLARATIONS OF INTEREST ................................................................... 4

8. MAYORAL MINUTES ..................................................................................... 5

8.1 Update of the Police and Community Youth Club (PCYC) Facility at Mittagong ............................................................................................... 5

8.2 Councillor Attendance at Kangaroo March Official Functions ................. 6

9. PUBLIC FORUM ............................................................................................ 8

COMMITTEE OF THE WHOLE

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

OPERATIONS

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

CORPORATE & STRATEGY

10.1 DA 14/1332 Use of Store Room for Roadside Stall and Use of Existing Kitchen for Preparing Produce for Sale - Montrose Berry Farm, 11 Ormond Street, Sutton Forest ................................................11

10.2 DA 14/1329 Temporary Use of an Existing Barn for Wedding Receptions - Montrose Berry Farm, 11 Ormond Street, Sutton Forest ..13

MAYOR RESUMES THE CHAIR

QUESTIONS FROM THE PUBLIC

11. EN BLOC MOTION .......................................................................................18

Nil .............................................................................................................18

12. OPERATIONS FINANCE & RISK .................................................................19

12.1 Construction of a Pedestrian Facility in Waverley Parade, Mittagong ....19

12.2 Construction of Roadworks Projects Funded by the Australian Government's Black Spot Program .......................................................20

12.3 Emergency Culvert Renewal - Oxley Street Berrima .............................21

12.4 Investment Report as at 30 June 2015 .................................................22



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13. CORPORATE STRATEGY & DEVELOPMENT SERVICES .........................23

13.1 Development Applications Determined 20.6.2015 to 19.7.2015 ............23

13.2 Development Applications Received 20.6.2015 - 19.7.2015 .................24

13.3 Draft Section 94A Plan - Revision 1 Post Exhibition ..............................25

13.4 Planning Proposal to Rezone 3 Sites from RE1 ....................................27

13.5 Retford Park Planning Agreement Post Public Exhibition ......................30

13.6 Withdrawal from Inland NSW Regional Tourism Organisation ..............32

13.7 RFT 6330/15.3 Lighting Upgrade Moss Vale Civic Centre ....................33

13.8 Request to Waive Development Application Fees as a Refund for Works Carried Out to Springett House Bowral ......................................35

13.9 Request for Leave of Absence - Clr Graham McLaughlin .....................36

14. GENERAL MANAGER ..................................................................................37

14.1 Staff Matter ...........................................................................................37

15. DELEGATE REPORTS .................................................................................38

Nil .............................................................................................................38

16. PETITIONS ....................................................................................................39

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

17. CORRESPONDENCE FOR ATTENTION ......................................................40

Nil .............................................................................................................40

18. COMMITTEE REPORTS ...............................................................................41

18.1 Management and Advisory Committee Reports ....................................41

18.2 Access Committee Minutes 15 June 2015 ............................................43

19. QUESTIONS WITH NOTICE .........................................................................45

Nil .............................................................................................................45

20. NOTICES OF MOTION ..................................................................................46

20.1 Notice of Motion 36/2015 - Presentation by Southern Highlands Coal Action Group .........................................................................................46

21. GENERAL BUSINESS ..................................................................................48

Nil .............................................................................................................48

22. CLOSED COUNCIL.......................................................................................49

Moving into Closed Session ...........................................................................49

22.1 RFT 6330/15.3 Lighting Upgrade Moss Vale Civic Centre ....................51

22.2 Staff Matter ...........................................................................................52

Resumption of Open Council .........................................................................53

Adoption of Closed Council ............................................................................53



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23. ADOPTION OF COMMITTEE OF THE WHOLE ............................................53

24. MEETING CLOSURE ....................................................................................54



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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, 12 AUGUST 2015 COMMENCING AT 3.30PM

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

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

In Attendance: General Manager Ms Ann Prendergast

Deputy General Manager Operations, Finance and Risk Mr Barry W Paull Deputy General Manager Corporate, Strategy and Development Services Mr Mark Pepping Acting Group Manager Corporate and Community Mr Nick O’Connor Group Manager Planning, Development and Regulatory Services Mr Nicholas Wilton Manager Tourism & Events (in part) Mr Steve Rosa Acting Team Leader Town Planners (in part) Ms Ellie Varga Acting Coordinator Strategic Planning (in part) Mr David Matthews General Counsel (in part) Ms Christine Cunningham Administration Officer Ms Liz Johnson

Also In Attendance: Mr Kirk Osborne, Consultant Planner from DFP Planning Pty Ltd (in

part)

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

2. ACKNOWLEDGEMENT OF COUNTRY Clr Larry Whipper acknowledged country: “We acknowledge the Traditional Owners and Custodians of this Land and we pay respect to the past and present Elders of the Country we are meeting on today.”



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3. PRAYER

The meeting was led in prayer by Chaplain Richard Cormick of Hill Top Church.

The Mayor Clr T D Gair advised that a request had been received from Latte Life to take photographs of Councillors in the Council Chamber and this request had been granted at this juncture of the Meeting.

4. APOLOGY

PERS

MN 389/15

MOTION moved by Clr J R Clark and seconded by Clr J Uliana THAT apology of Clr Graham McLaughlin be accepted and leave of absence granted. PASSED

5. CONFIRMATION OF MINUTES

100/1

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY, 22 JULY 2015

MN 390/15

MOTION moved by Clr L A C Whipper and seconded by Clr J G Arkwright THAT the minutes of the Ordinary Meeting of Council held on Wednesday, 22 July 2015 MN 364/15 to MN 388/15 inclusive, copies of which were forwarded to Councillors, be adopted as a correct record of the proceedings of the meeting. PASSED



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6. BUSINESS ARISING 1. ITEM 20.1 - NOTICE OF RESCISSION OF RESOLUTION 07/2015 - DEMOLITION

OF THE FORMER MITTAGONG BOWLING CLUB 100/5, 6330/14.36 Clr I M Scandrett referred to the Former Mittagong Bowling Club and asked for a timeframe for it being knocked down. The Mayor Clr T D Gair advised that the demolition of the Bowling Club will probably commence sometime next week.



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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, 14/1332 Clr J Uliana declared a pecuniary interest in Item 10.1 – DA 14/1332 – Use of Store Room for Roadside Stall and Use of Existing Kitchen for Preparing Produce for Sale – Montrose Berry Farm, 11 Ormond Street, Sutton Forest - as he is known to the owners and is a director of a Wedding Function Centre and Hotel. He stated that he will be absent from the Chambers for consideration of that item.

101/3, 14/1329

Clr J Uliana declared a pecuniary interest in Item 10.2 – DA 14/1329 – Temporary Use of Existing Barn for Wedding Receptions – Montrose Berry Farm, 11 Ormond Street, Sutton Forest - as he is known to the owners and is a director of a Wedding Function Centre and Hotel. He stated that he will be absent from the Chambers for consideration of that item.

101/3.1, 7401

Clr J G Arkwright declared a less than significant non-pecuniary interest in Item 12.1 – Construction of a Pedestrian Facility in Waverley Parade, Mittagong - as she is an old girl of Frensham and Member of Winifred West Schools Ltd but noted the company plays no part in the formulation of strategic policy. She stated that she would remain in the chamber when this matter was discussed and take part in the debate and voting thereon.

101/3.1, 14/0967, 2106

Clr G M Turland declared a less than significant non-pecuniary interest in Item 13.8 – Request to Waive Development Application Fees as a Refund for Works Carried Out to Springett House Bowral - as he is a Committee Member of the KKKK Kommittee. He stated that he will be absent from the Chambers for consideration of that item.



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8. MAYORAL MINUTES

8.1 Update of the Police and Community Youth Club (PCYC) Facility at Mittagong

Reference: 1830/24 Report Author: Mayor T D Gair Authoriser: Mayor T D Gair Link to Corporate Plan: Create community hubs to engage residents and

organisations in the provision of appropriate decentralised or mobile essential services

PURPOSE The purpose of this Mayoral Minute is to brief Councillors on the current status of the Police and Community Youth Club (PCYC) development at the Mittagong Recreation Centre and to provide details of a reception to be held to raise community awareness and fundraising opportunities.

MN 391/15

MOTION moved by Clr L A C Whipper and seconded by Clr J R Clark

1. THAT the update on the development of the Southern Highlands Police and

Community Youth Club facility at the Mittagong Recreation Centre be noted. 2. THAT a Community Reception be held on Tuesday, 15 September 2015

commencing at 4.30 pm hosted by the Mayors of Wingecarribee Shire Council and Wollondilly Shire Council to help raise awareness of the project within both communities and seek support and commitment from the community towards fundraising opportunities for the project to recoup the additional costs of construction.

3. THAT letters be sent to both local Members of Parliament, The Hon Pru Goward,

MP, Member for Goulburn and Jai Rowell, MP, Member for Wollondilly seeking their support to advocate for funding to be provided to the PCYC project from funds made available to the State Government from the leasing of the State’s electricity poles and wires.

PASSED



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8.2 Councillor Attendance at Kangaroo March Official Functions

Reference: 102 1670/13 Report Author: Mayor T D Gair Authoriser: General Manager Link to Corporate Plan: Ensure systems and processes are in place to achieve

mutual trust and collaboration

PURPOSE The purpose of this Mayoral Minute is to appoint Councillor representation on behalf of the Wingeacarribee Shire to attend the departure of the Centenary Re-enactment of the Kangaroo Recruitment March, Wagga Wagga on Saturday 5 September 2015 and also to seek representation to attend the Kangaroo March Re-enactment Committee dinner to be held at the Australian War Memorial in Canberra on Saturday 19 September 2015. Interest: Clr I M Scandrett declared an interest in this matter as his wife has been serving on the Kangaroo March Re-enactment Committee for 2½ years as the legal adviser. He advised that he will be attending Wagga anyway and he was planning to attend the dinner but it was nice to receive the official support. He remained in the Chamber when this matter was discussed and took part in the debate and voting thereon.



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MN 392/15

MOTION moved by Clr I M Scandrett and seconded by Clr L A C Whipper 1. THAT Council authorise the Mayor Clr T D Gair (or nominated delegate) to

attend the departure of the Centenary Re-enactment of the Kangaroo March to be held on Saturday, 5 September 2015 at Victory Memorial Gardens, Wagga Wagga.

2. THAT Council authorise the Mayor of the Day (or nominated delegate) and Clr

I M Scandrett to attend the Kangaroo March Re-enactment Committee hosted dinner at the Australian War Memorial in Canberra on Saturday, 19 September 2015.

PASSED

AMENDMENT moved by Clr H R Campbell and seconded by Clr G M Turland 1. THAT Council authorise the Mayor Clr T D Gair (or nominated delegate) to attend the

departure of the Centenary Re-enactment of the Kangaroo March to be held on Saturday, 5 September 2015 at Victory Memorial Gardens, Wagga Wagga.

2. THAT Council authorise the Mayor of the Day (or nominated delegate) and Clr G M

Turland to attend the Kangaroo March Re-enactment Committee hosted dinner at the Australian War Memorial in Canberra on Saturday, 19 September 2015.

AMENDMENT LOST



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9. PUBLIC FORUM

14/0967, 2106

ITEM 13.8 - REQUEST TO WAIVE DEVELOPMENT APPLICATION FEES AS A REFUND FOR WORKS CARRIED OUT TO SPRINGETT HOUSE BOWRAL Mr Jason Lewis representing KKKK Kollege of Knowledge Committee for Kids requested and was granted approval to speak on this matter which is listed on the Agenda. The Mayor Clr T D Gair thanked Mr Lewis for his comments and noted that the matter will be considered later in the meeting.



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COMMITTEE OF THE WHOLE

107/10

MN 393/15

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

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 Larry 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 DA 14/1332 Use of Store Room for Roadside Stall and Use of Existing Kitchen for Preparing Produce for Sale - Montrose Berry Farm, 11 Ormond Street, Sutton Forest

Reference: 14/1332 Report Author: Acting Team Leader Town Planning Authoriser: Group Manager Planning, Development & Regulatory

Services Applicant: Allman Johnston Architects Owner: Bruce & Fiona Robertson Link to Corporate Plan: Retain and make more distinctive the special qualities that

make each town or village unique

PURPOSE The purpose of this report is to consider a development application, 14/1332, which seeks consent to utilise a store room as a roadside stall and use an existing kitchen for the preparation of produce for sale at Montrose Berry Farm, 11 Ormond Street, Sutton Forest. The application has been requested to be determined at a Council meeting. The application assessment was outsourced to an external Town Planning Consultancy firm. The consultant’s report for consideration by Council is at Attachment 1 to the report.

Interest: Clr J Uliana declared a pecuniary interest in this matter as he is known to the owner and is a director of a Wedding Function Centre and Hotel. He left the chamber, the time being 3.55 pm, took no part in the debate and refrained from voting on the matter. Mr Gregory Ropert, an objector, addressed Council on this matter. Mr Scott Lee addressed Council on behalf of the applicant. Mr Kirk Osborne, Consultant Planner from Don Fox Planning (the external Town Planning Consultancy firm appointed to undertake an assessment of the application) addressed Council on this matter.

VOTING ON THE MOTION

Councillors are required to record their votes on this matter.



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MN 394/15

MOTION moved by Mayor T D Gair and seconded by Clr I M Scandrett THAT development application 14/1332 which seeks development consent for the use of part of an existing cottage as a roadside stall and the use of an existing commercial kitchen within the barn building for the processing of agricultural produce for sale to the public at Montrose Berry Farm, Lot 2 DP 620221, 11 Ormond Street, Sutton Forest be APPROVED subject to conditions of consent as described in Attachment 1 to the report.

PASSED


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

Against the motion: Nil



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10.2 DA 14/1329 Temporary Use of an Existing Barn for Wedding Receptions - Montrose Berry Farm, 11 Ormond Street, Sutton Forest

Reference: 14/1329 Report Author: Acting Team Leader Town Planning Authoriser: Group Manager Planning, Development & Regulatory

Services Applicant: Allman Johnston Architects Owner: Bruce & Fiona Robertson Link to Corporate Plan: Retain and make more distinctive the special qualities that

make each town or village unique

PURPOSE The purpose of this report is to consider a development application, 14/1329, which seeks consent for the temporary use of an existing barn for wedding receptions at Montrose Berry Farm, 11 Ormond Street, Sutton Forest. The application has been requested to be determined at a Council meeting. The application assessment was outsourced to an external Town Planning Consultancy firm. The consultant’s report for consideration by Council is at Attachment 1 to the report. Clr J Uliana remained out of the Chamber as he had declared a pecuniary interest in this and the previous matter. Mr Gregory Ropert, an objector, addressed Council on this matter. Mr Scott Lee addressed Council on behalf of the applicant.

The Mr Kirk Osborne, Consultant Planner from Don Fox Planning (the external Town Planning Consultancy firm appointed to undertake an assessment of the application) addressed Council on this matter.





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MN 395/15

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

THAT development application 14/1329 which seeks development consent for the temporary use of the barn for wedding receptions at Montrose Berry Farm, Lot 2 DP 620221, 11 Ormond Street, Sutton Forest be APPROVED for two (2) years, subject to conditions of consent as described in Attachment 1 to the report excepting condition No 4 and subject to the additional further condition of consent:

(a) After 6pm on any day that a reception is held, all music and service is to be from within the barn only.

(b) When a reception is held on any Sunday to Thursday, all music must cease by 6.30pm, except for those days immediately before a public holiday, when music must cease by 11pm, consistent with Condition No 25.

AMENDMENT moved by Mayor T D Gair and seconded by Clr H R Campbell THAT development application 14/1329 which seeks development consent for the temporary use of the barn for wedding receptions at Montrose Berry Farm, Lot 2 DP 620221, 11 Ormond Street, Sutton Forest be APPROVED, subject to conditions of consent as described in Attachment 1 to the report and subject to amendment to Condition No 5 of the conditions of consent as follows: 5. The maximum number of guest bookings permitted per function be 140 people.

The General Manager left the Chamber, the time being 5.24 pm and returned at 5.32 pm.

THE AMENDMENT WAS PUT TO THE VOTE AND PASSED

VOTING ON THE AMENDMENT

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

Against the Amendment: Clr I M Scandrett

THE AMENDMENT BECAME THE MOTION


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

Against the Motion: Clr I M Scandrett



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MAYOR RESUMES THE CHAIR

MN 396/15

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

Clr J Uliana returned to the meeting, the time being 5.51 pm.

The General Manager left the Chamber the time being 5.51 pm and returned at 5.53 pm.



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QUESTIONS FROM THE PUBLIC

1. MAYORAL MINUTE 8.3 OF 27 MAY 2015 - APPOINTMENT OF TENDERER FOR

THE REMOVAL OF ASBESTOS FROM AND DEMOLITION OF THE FORMER

MITTAGONG BOWLING CLUB 102, 6330/14.36

Question from Charlie Johns: Preamble: Under the Local Government Act, the public, ratepayers and the media have the right to know of any unlawful motions at a Council Meeting. Question: In reference to the above Mayoral Minute, why hasn’t a public notification been made via Council Minutes that the Rescission Motion was unlawful and the subsequent Motion and resolution passed was invalid? Unlawful Motions have been removed from Minutes and/or noted in Minutes many times before, recently noted in Minutes of 11 March 2015.

REPLY FROM ACTING GROUP MANAGER CORPORATE & COMMUNITY

The Minutes of the Council Meeting on Wednesday, 10 June 2015 disclose that both the General Manager and the Acting Group Manager Corporate & Community addressed Council on the issue of the Mayoral Minute and subsequent motion when it was raised by Councillor Campbell in Business Arising from the Minutes of Wednesday, 27 May 2015. They advised that the legal advice obtained by Council from Council’s Panel Solicitor was represented by the rescission motion now before Council on 10 June 2015, to rectify the issue and ensure that the record was amended and corrected and to remove any doubt.

2. MAYORAL MINUTE 8.3 OF 27 MAY 2015 - APPOINTMENT OF TENDERER FOR

THE REMOVAL OF ASBESTOS FROM AND DEMOLITION OF THE FORMER

MITTAGONG BOWLING CLUB 102, 6330/14.36

Question from Mr Charlie Johns: Preamble: Following on from Question 1 and related comment – Minutes of Council Meeting 10/6/2015.



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Question: Can Council explain to ratepayers how it has acted within the Local Government Act when Council’s own legal panel advice on Mayoral Minute 27 May 2015 related Motions and resolutions were unlawful and invalid. Council then listed on the agenda, moved, debated and passed a Motion to rescind a Motion that was unlawful and invalid, then allowed a “Motion Arising” from the unlawful Motion to be moved, debated and voted on based on a Motion that is invalid therefore does not exist. Then go on and allow the same invalid “Motion Arising” to be listed unlawfully in agenda of Council Meeting of 8 July 2015, then allow it to be raised, debated and voted on at that meeting which was “within” the 3 month period set out in the Act stating a resolution of Council of same terms of another moved and lost cannot be brought before Council “within” 3 months. 8 July was within 3 month period of resolution of same terms of 8 April 2015? Raising of this “Motion Arising” contradicts Council’s own Legal Counsel’s advice: Council had moved and lost resolution of same terms on 8 April 2015. REPLY FROM GENERAL COUNSEL

Council’s external legal panel advises that Council has acted in accordance with both the Local Government Act 1993 and the associated Regulations in respect of the motion to enter into negotiations to award a contract to demolish the former Mittagong Bowling Club and associated structures, which was passed on 8 July 2015 and, as advised previously, the motion is not “in principle the same” as the motion lost on 8 April 2015.

3. LETTER TO EDITOR IN SOUTHERN HIGHLAND NEWS 101/15, 5125, 5305 Question from Mr Charlie Johns: Was Councillor Whipper speaking on behalf of Council or misleading the public therefore breaching Council’s Code of Conduct and the Local Government Act when he contradicted Hume Coal claims and criticised them as a Councillor in his letter to the Editor in the Southern Highland News 2 weeks ago. REPLY FROM CLR LARRY WHIPPER I was speaking as an individual but also as the elected representative of those residents of the Shire who are concerned about the impact that any new or additional mining will have on the Shire’s groundwater and potentially the agricultural, tourist and social amenity of the area. And I disclosed in my letter to the editor that I am a Council representative on Hume Coal’s Water Advisory Group. My views are well known and have not changed.

REPLY FROM GENERAL COUNSEL

Councillor Whipper’s letter to the editor does not breach either Council’s Code of Conduct or the Local Government Act. Councillors, as elected representatives, often speak out about issues that affect the community.



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11. EN BLOC MOTION There were no En Bloc Motion at this Meeting.



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12. OPERATIONS FINANCE & RISK

12.1 Construction of a Pedestrian Facility in Waverley Parade, Mittagong

Reference: 7401 Report Author: Traffic Engineer Authoriser: Manager Assets Link to Corporate Plan: Provide safe and efficient road, cycle and where

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

PURPOSE Requesting Council endorsement and inclusion in the 2015-16 Works Program of a pedestrian facility in Waverley Parade, Mittagong between Frensham School and Sturt Craft Workshops. Grant funding for the work from the Roads and Maritime Services and Frensham School was only finalised in July 2015.

Interest: Clr J G Arkwright declared a less than significant non-pecuniary interest in this matter as she is an old girl of Frensham and Member of Winifred West Schools Ltd. She remained in the chamber, took part in the debate and voted on the matter.

MN 397/15

MOTION moved by Clr I M Scandrett and seconded by Clr J G Arkwright 1. THAT Council endorse the construction of a pedestrian facility in Waverley

Parade, Mittagong between Frensham School and Sturt Craft Workshops to be jointly funded by the Roads and Maritime Services and Frensham School.

2. THAT this project costing $22,500 be included in Council’s 2015-16 Roads and Drainage Capital Works Program.

PASSED



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12.2 Construction of Roadworks Projects Funded by the Australian Government's Black Spot Program

Reference: 7806 Report Author: Traffic Engineer Authoriser: Manager Assets Link to Corporate Plan: Provide safe and efficient road, cycle and where

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

PURPOSE Requesting Council endorsement and inclusion in the 2015-16 Works Program of two roadworks projects funded by the Australian Government’s Black Spot Program. Grant funding for the work totalling $715,000 only became available in June 2015.

MN 398/15

MOTION moved by Clr I M Scandrett and seconded by Clr G M Turland 1. THAT Council note that funding totalling $715,000 has been allocated from the

Australian Government’s Black Spot Program to reconstruct and widen the curve on Mt Broughton Road 0.4km south of Yarrawa Road and to reconstruct and widen a 0.33km length of Yarrawa Road and Nowra Road at the Nowra Road junction.

2. THAT Council endorse these projects and include them in Council’s 2015-16

Roads and Drainage Capital Works Program. PASSED



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12.3 Emergency Culvert Renewal - Oxley Street Berrima

Reference: 7800/2015, RD 1416 Report Author: Drainage Engineer Authoriser: Manager Assets Link to Corporate Plan: Strengthen the connectivity, liveability and vibrancy of

towns and villages

PURPOSE The purpose of this report is to seek Council’s approval for funding the renewal of the road culvert on Oxley Street Berrima which had a major failure in March 2015.

MN 399/15

MOTION moved by Clr J R Clark and seconded by Clr L A C Whipper 1. THAT renewal of the culvert on Oxley Street, Berrima at an estimated cost of

$255,000 be included in the 2015/16 capital works program. 2. THAT the project be funded from the savings of the completed Caalong Street

bridge ($143,000) and funds allocated to the cancelled 2014/15 Berrima Road culvert upgrade project ($112,000), a total of $255,000 as per Option 3 of the report.

PASSED



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12.4 Investment Report as at 30 June 2015

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


PURPOSE In accordance with Part 9, Division 5, Section 212 of the Local Government (General) Regulations 2005, this report provides details of Council's Investments as at 30 June 2015.

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

MN 400/15

MOTION moved by Clr J R Clark and seconded by Clr L A C Whipper THAT the information on Council’s Investments as at 30 June 2015 be received and noted. PASSED



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13. CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Development Applications Determined 20.6.2015 to 19.7.2015

Reference: 5302 Report Author: Administration Officer Authoriser: Group Manager Planning, Development & Regulatory

Services Link to Corporate Plan: 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 provides a list of development consents executed under delegated authority of the Deputy General Manager, Corporate, Strategy & Development Services from 20 June 2015 to 19 July 2015.

MN 401/15

MOTION moved by Clr J G Arkwright and seconded by Clr I M Scandrett THAT the information relating to Development Consents by Way of Approval under Delegated Authority Nos 1 to 77 be received and noted. PASSED



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13.2 Development Applications Received 20.6.2015 - 19.7.2015

Reference: 5302 Report Author: Administration Officer Authoriser: Group Manager Planning, Development & Regulatory

Services Link to Corporate Plan: Ensure that that unique heritage qualities of towns, villages

and special areas are protected

PURPOSE This report provides a list of development applications which have been received between 20 June 2015 and 19 July 2015, some of which have been dealt with under delegated authority of the Deputy General Manager Corporate, Strategy and Development Services.

MN 402/15

MOTION moved by Clr J R Clark and seconded by Clr H R Campbell 1. THAT the information relating to the List of Development Applications Received

Nos 1 to 85 be received and noted. 2. THAT the following items be referred to Council for determination:

(a) Item 8 – Offices (Health Care Services), 58 Bowral Road, Mittagong – Lot 1 DP 734539

(b) Item 15 - 6 Building Hotel Accommodation & Car Park with Tree Removal, 1 Ferguson Crescent, Mittagong – Lot 16 DP 1005636

(c) Item 25 – Boundary Adjustment, 153 Merrigang Street, Bowral – Lot 1 DP 575807

PASSED



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13.3 Draft Section 94A Plan - Revision 1 Post Exhibition

Reference: 5702/6 Report Author: Acting Coordinator Strategic Planning Authoriser: Group Manager Planning, Development & Regulatory

Services Link to Corporate Plan: Strengthen the connectivity, liveability and vibrancy of

towns and villages

PURPOSE The purpose of this report is to inform Council of the results of the public exhibition of the Draft Section 94A Developer Contributions Plan for Wingecarribee Shire Council - Revision 1 (S94A Plan), Attachment 1 to the report. It is recommended that the S94A Plan be adopted by Council and come into effect as soon as practical. The Acting Coordinator Strategic Planning addressed Council on this matter.



MN 403/15

MOTION moved by Clr L A C Whipper and seconded by Clr G M Turland 1. THAT the Section 94A Contributions Plan for Wingecarribee Shire Council –

Revision 1 (Attachment 1 to the report) be adopted by Council. 2. THAT in accordance with Clause 31(2) of the Environmental Planning and

Assessment Regulation 2000 public notice of Council’s decision to adopt the Section 94A Contributions Plan for Wingecarribee Shire Council – Revision 1 be placed in a local newspaper within 28 days.

3. THAT in accordance with Section 94EA(4) of the Environmental Planning and

Assessment Act 1979 that as soon as practicable, a copy of the Section 94A Contributions Plan for Wingecarribee Shire Council – Revision 1 be provided to the Minister.

PASSED




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

Against the Motion: Nil



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13.4 Planning Proposal to Rezone 3 Sites from RE1

Reference: 5901/39 Report Author: Acting Coordinator Strategic Planning Authoriser: Group Manager Planning, Development & Regulatory

Services Applicant: Wingecarribee Shire Council Owner: Wingecarribe Shire Council Link to Corporate Plan: 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 The purpose of this report is to discuss the results of the public exhibition period of the Planning Proposal in relation to 3 sites as follows: a. Part of 7 Ellen Street, Bowral, Lot 10 DP 597322, be rezoned from RE1 Public

Recreation to E2 Environmental Conservation; b. 45 Hoskins Street, Moss Vale - Lot 1 DP 781256, be rezoned from RE1 Public

Recreation to R2 Low Density Residential and a minimum lot size of 700m2 be applied;

c. Lot 126 DP263356 Anembo Street, Moss Vale be rezoned from RE1 Public

Recreation to R2 Low Density Residential and a minimum lot size of 700m2 be applied; and reclassified from Community to Operational

d. And remove Part of 7 Ellen Street, Bowral (Lot 10 DP 597322) and 45 Hoskins Street,

Moss Vale (Lot 1 DP 781256) from the Acquisition Maps. This report recommends that the Planning Proposal proceed to amending Wingecarribee Local Environmental Plan 2010 (WLEP 2010), as exhibited.



MN 404/15

MOTION moved by Clr H R Campbell and seconded by Clr G M Turland THAT the recommendations be dealt with in seriatim. PASSED



Page | 28

MN 405/15

MOTION moved by Clr H R Campbell and seconded by Clr G M Turland 1. THAT in accordance with Section 59 of the Environmental Planning and

Assessment Act 1979 and the Guide to Preparing Local Environmental Plans, Council proceed with the making of the following amendment to Wingecarribee Local Environmental Plan 2010:

Part of 7 Ellen Street, Bowral, Lot 10 DP 597322, be rezoned from RE1 Public Recreation to E2 Environmental Conservation.

2. THAT submission makers be notified of Council’s decision.

PASSED




MN 406/15



45 Hoskins Street, Moss Vale - Lot 1 DP 781256, be rezoned from RE1 Public Recreation to R2 Low Density Residential and a minimum lot size of 700m2 be applied

2. THAT submission makers be notified of Council’s decision. PASSED






Page | 29

MN 407/15



Lot 126 DP263356 Anembo Street, Moss Vale be rezoned from RE1 Public Recreation to R2 Low Density Residential and a minimum lot size of 700m2 be applied, and reclassified from Community to Operational

2. THAT submission makers be notified of Council’s decision. PASSED


For the Motion: Clr J G Arkwright, Clr H R Campbell, Mayor T D Gair, Clr I M Scandrett, Clr G M Turland and Clr J Uliana

Against the Motion: Clr J R Clark and Clr L A C Whipper

MN 408/15



Remove Part of 7 Ellen Street, Bowral (Lot 10 DP 597322) and 45 Hoskins Street, Moss Vale (Lot 1 DP 781256) from the Acquisition Maps.

2. THAT submission makers be notified of Council’s decision.






Page | 30

13.5 Retford Park Planning Agreement Post Public Exhibition

Reference: 5701/38 Responsible Officer: Group Manager Planning, Development & Regulatory

Services Applicant: Allen Ralph Robinson Owner: James Oswald Fairfax Link to Corporate Plan: Strengthen the connectivity, liveability and vibrancy of

towns and villages

PURPOSE The purpose of this report is to discuss the results of the Public Exhibition of the Retford Park Planning Agreement. It is recommended that the Retford Park Planning Agreement be entered into by Council.

The Acting Coordinator Strategic Planning addressed Council on this matter.



MN 409/15

MOTION moved by Clr I M Scandrett and seconded by Clr G M Turland 1. THAT Council enter into the Retford Park Planning Agreement (Attachment 1 to

the report). 2. THAT the General Manager be delegated authority to execute the Retford Park

Planning Agreement (Attachment 1 to the report), between Council and James Oswald Fairfax, by signing the Execution Page of the Planning Agreement.

3. THAT James Oswald Fairfax be advised of Council’s decision. PASSED






Page | 31

MN 410/15

MOTION ARISING moved by Clr J R Clark and seconded by Clr L A C Whipper THAT representations be made to Mr James Fairfax in relation to the initial proposal that the property (Retford Park homestead) be made accessible to the public AND THAT a memorandum of understanding setting out the guidelines and timeline therefor be progressed. MOTION PASSED

VOTING ON THE MOTION ARISING

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

Against the Motion: Clr H R Campbell



Page | 32

13.6 Withdrawal from Inland NSW Regional Tourism Organisation

Reference: 1900 Report Author: Manager Tourism & Events Authoriser: Deputy General Manager Corporate, Strategy &

Development Services Link to Corporate Plan: Develop and implement a compelling and competitive brand

identity for the Southern Highlands, based on our distinctive lifestyle factors of climate, horticulture, recreation, landscape and heritage

PURPOSE To present an update in relation to Regional tourism, seek endorsement to not renew membership of the Inland NSW Regional Tourism Organisation and commence a review of options for positioning the Southern Highlands as a result of the current State Government Review of Regional Tourism.

The Manager Tourism & Events addressed Council on this matter.

MN 411/15

MOTION moved by Clr L A C Whipper and seconded by Clr I M Scandrett 1. THAT the decision not to renew membership with Inland NSW Tourism be

endorsed and pursue other regional tourism opportunities outside of the Inland Regional Tourism Organisation membership.

2. THAT the Funds budgeted for Council’s Inland NSW membership be preserved

within the Tourism and Events budget to facilitate outcomes that arise from the review of Regional Tourism by the State Government.

3. THAT Inland NSW be notified of Council’s decision. PASSED



Page | 33

13.7 RFT 6330/15.3 Lighting Upgrade Moss Vale Civic Centre

Reference: 6330/15.3 Report Author: Environment & Health Systems Coordinator Authoriser: Manager Environment & Sustainability Link to Corporate Plan: Establish mitigation and adaption plans and imagine a very

different world in 2031. Take into consideration the realities of peak oil, climate change, steady state economy and population growth

PURPOSE The purpose of this report is to provide Council with information regarding the tender process and evaluation for the upgrade of lighting at Moss Vale Civic Centre. This report contains information that, if disclosed, would confer a commercial advantage on parties with whom Council is conducting business. As such, it is recommended that the report be considered in Closed Council.



Page | 34

MN 412/15

MOTION moved by Clr J R Clark and seconded by Clr I M Scandrett THAT Council adopt the recommendations contained within the Closed report in relation to RFT 6330/15.3 – Lighting Upgrade Moss Vale Civic Centre – Item 22.1, as follows: 1. THAT Council accepts the tender from Illumellec PTY LTD for the supply of

lighting fixtures and design as per their submission to RFQ 6330/15.3 at an estimated cost of $92,000 INCL GST (pre government rebate) AND THAT the acceptance of the Illumellec tender is conditional on a successful trial of the fixtures proposed, and successful negotiations regarding the final lighting design and lighting control options.

2. THAT Council accepts the tender from Power by Watts PTY LTD for the

installation of lighting fixtures as per their submission to RFQ 6330/15.3 at an estimated cost of $21,500 INCL GST AND THAT the acceptance of the Power by Watts tender is conditional on the negotiation of a suitable works program considering the impact to Council operations.

3. THAT Council allocates an additional $55,000 from the Revolving Energy Fund

to allow for the incorporation of improved lighting controls including constant light output technology should the final design show this will improve the project outcomes including quality and cost effectiveness.

4. THAT Council accepts that any rebate achieved through the generation of

Energy Saving Certificates resulting from this project (estimated to be $19,000) will be used to offset the cost of the project and paid back into the Revolving Energy Fund.

5. THAT the General Manager be authorised to negotiate with Illumellec PTY LTD

and Power by Watts PTY LTD in regards to the tender price and inclusions in line with these recommendations.

6. THAT the Mayor and General Manager be given authority to execute the contract

documents under the seal of Council. 7. THAT a future report be supplied to Council providing details of the project

outcomes. PASSED



Page | 35

13.8 Request to Waive Development Application Fees as a Refund for Works Carried Out to Springett House Bowral

Reference: 14/0967, 2106 Report Author: Deputy General Manager Corporate, Strategy &

Development Services Authoriser: Deputy General Manager Corporate, Strategy &

Development Services Link to Corporate Plan: Foster and support diverse interest groups to harness the

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

PURPOSE The purpose of this report is to address the request by the Kollege of Knowledge Kommittee for Kids Inc (KKKK) to waive Development Application fees for the extensions carried out to Springett House, 518 Moss Vale Road, Burradoo to accommodate a carers bedroom as required by legislation. Interest: Clr G M Turland declared a less than significant non-pecuniary interest in this matter as he is a Committee Member of the KKKK Kommittee. He left the chamber, the time being 6.23 pm, took no part in the debate and refrained from voting on the matter.

MN 413/15

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

THAT Council supports the Kollege of Knowledge Kommittee for Kids Inc (KKKK) request by donating the Development Application fees for the proposed extension works to be carried out to Springett House, 518 Moss Vale Road, Burradoo in the amount of $954.50 AND THAT the funds be allocated from the Contingency Fund which will leave an amount of $24,045.50 remaining in the 2015/16 Contingency Fund. PASSED

Clr G M Turland returned to the meeting, the time being 6.24 pm.



Page | 36

13.9 Request for Leave of Absence - Clr Graham McLaughlin

Reference: Pers Report Author: General Manager Authoriser: General Manager Link to Corporate Plan: Ensure systems and processes are in place to achieve


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

MN 414/15

MOTION moved by Clr J R Clark and seconded by Clr I M Scandrett THAT Councillor Graham McLaughlin be granted leave of absence from all Council commitments on Wednesday, 12 August 2015, including the Ordinary Meeting of Council and Council Briefing Sessions to be held that day. PASSED



Page | 37

14. GENERAL MANAGER

14.1 Staff Matter

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

nurture ideas

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

MN 415/15

MOTION moved by Clr L A C Whipper and seconded by Clr J R Clark THAT the report addressing a staff matter be considered in Closed Council – Item 22.2. PASSED



Page | 38

15. DELEGATE REPORTS There were no Delegate Reports at this Meeting.



Page | 39

16. PETITIONS

There were no Petitions at this Meeting.



Page | 40

17. CORRESPONDENCE FOR ATTENTION

There was no Correspondence for Attention at this Meeting.



Page | 41

18. COMMITTEE REPORTS

18.1 Management and Advisory Committee Reports

Reference: 107/1 Report Author: S355 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. Mittagong Memorial Hall Management Committee Meeting held on Thursday, 4 June

2015. 2. Aboriginal Community and Cultural Centre Management Committee held on Tuesday,

9 June 2015. 3. Mittagong Community Centre Management Committee held on Thursday, 11 June

2015. 4. Moss Vale Senior Citizens & Community Centre Management Committee held on

Monday, 15 June 2015. 5. Jurd Park Management Committee held on Tuesday, 16 June 2015. 6. East Bowral Community Centre Management Committee held on Tuesday, 23 June

2015. 7. Yerrinbool Hall Committee held on Monday, 29 June 2015. 8. Aboriginal Community and Cultural Centre Management Committee Annual General

Meeting held on Tuesday, 10 July 2015. 9. Aboriginal Community and Cultural Centre Management Committee held on Tuesday,

10 July 2015.



Page | 42

MN 416/15

MOTION moved by Clr J R Clark and seconded by Clr J Uliana THAT the information contained in the following Committee Reports be noted: 1. Mittagong Memorial Hall Management Committee Meeting held on Thursday,

4 June 2015. 2. Aboriginal Community and Cultural Centre Management Committee held on

Tuesday, 9 June 2015. 3. Mittagong Community Centre Management Committee held on Thursday,

11 June 2015. 4. Moss Vale Senior Citizens & Community Centre Management Committee held

on Monday, 15 June 2015. 5. Jurd Park Management Committee held on Tuesday, 16 June 2015. 6. East Bowral Community Centre Management Committee held on Tuesday,

23 June 2015. 7. Yerrinbool Hall Committee held on Monday, 29 June 2015. 8. Aboriginal Community and Cultural Centre Management Committee Annual

General Meeting held on Tuesday, 10 July 2015. 9. Aboriginal Community and Cultural Centre Management Committee held on

Tuesday, 10 July 2015. PASSED



Page | 43

18.2 Access Committee Minutes 15 June 2015

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

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

PURPOSE This report provides the Minutes of the Access Committee Meeting held on Monday 15 June 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION

There are three recommendations that should be noted by Council:

13/15 THAT the minutes of the Access Committee meeting held on 20 April 2015 be confirmed as a true and accurate record of the meeting.

14/15 THAT the information provided on previous recommendations: 1/15, 2/15, 3/15 and 4/15, is noted and THAT motion 4/15 from the previous minutes is withdrawn.

15/15 THAT the Access Committee submit their comments (as recorded) in relation to the upgrades in Corbett Gardens, Bowral.

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

17/15 THAT the committee supports information on all assistance dogs be made available to restaurants as part of the food audit process and that staff consider providing that information to all retail establishments.

18/15 THAT staff investigates the promoting of Ability Links through the Wingecarribee Today and that Ability Links are invited to have a delegate on the committee.

19/15 THAT staff visits the Biota restaurant to confirm the compliance of their bathroom facilities in regards to access.

20/15 THAT the Moss Vale Aquatic Centre committee and staff investigate whether a fold down seat can be installed away from the shower in each of the accessible bathrooms.

21/15 THAT Assets staff examines the provision of a kerb ramp at the front of the disabled parking spaces in the Elizabeth Street car park so as to allow direct access to the footpath.

22/15 THAT staff investigates access from the drop off zone outside Bradman Museum in relation to improving access.



Page | 44

23/15 THAT compliance staff investigate the repainting of the disabled parking identification on the private parking at the rear of the old Moss Vale picture theatre arcade.

24/15 THAT staff investigates the provision of kerb ramps on both sides at the head of Clarence Street where it intersects with Valetta Street in Moss Vale.

25/15 THAT the Manager Tourism and Events, Steve Rosa provides information to the committee on the compliance and accessibility of the Visitor Information Centre front entrance in the forthcoming renovations and whether the doors will be motorised and that such information be circulated to the committee as soon as possible.

Finally, there is one recommendation that has budgetary implications and so requires consideration by the Finance Committee prior to Council adoption:

16/15 THAT the committee request an update on the progress of the external lift at the Saleyards and funding thereof.

Clr J G Arkwright left the chambers, the time being 6.26 pm and returned to the meeting at 6.27 pm.

The General Manager addressed Council on this matter.

MN 417/15

MOTION moved by Clr J Uliana and seconded by Clr J R Clark THAT recommendations Nos AC 13/15 to AC 25/15 – as detailed in the Minutes of the Access Committee Meeting held on Monday 15 June 2015 be dealt with as follows: (a) AC 13/15, AC 14/15 and AC 15/15 be adopted by Council. (b) AC 16/15 be delayed pending consideration by the Finance Committee. (c) AC 17/15, AC 18/15, AC 19/15, AC 20/15, AC 21/15, AC 22/15, AC 23/15, AC 24/15

and AC 25/15 be delayed pending further investigation and determination by relevant Council officers.

PASSED

Dissenting vote: Clr I M Scandrett requested that his dissenting vote be recorded in respect of this motion.



Page | 45

19. QUESTIONS WITH NOTICE

There were no Questions with Notice at this Meeting.



Page | 46

20. NOTICES OF MOTION

20.1 Notice of Motion 36/2015 - Presentation by Southern Highlands Coal Action Group

Reference: 100/4, 5305 Report Author: Administration Officer Authoriser: Acting Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Councillor Larry Whipper has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 12 August 2015: 1. THAT Council invite the Southern Highlands Coal Action Group (SHCAG) to make a

public presentation to Council and the Community in response to Posco’s (Hume Coal’s) preliminary Mine Plans.

2. THAT the Council Meeting on Wednesday, 26 August 2015 commence at 3.00 pm to

allow the presentation to start at 3.00 pm and finish at 3.30 pm including 10 minutes for questions from Councillors.

3. THAT Hume Coal be sent an invitation to attend the presentation by SHCAG as well.

Clr H R Campbell left the chambers at this juncture, the time being 6.33 pm, and retired from the Meeting.



Page | 47

MN 418/15

MOTION moved by Clr L A C Whipper and seconded by Clr J R Clark 1. THAT Council invite the Southern Highlands Coal Action Group (SHCAG) to

make a public presentation to Council and the Community in response to Posco’s (Hume Coal’s) preliminary Mine Plans at the Ordinary Meeting of Council to be held on Wednesday, 26 August 2015.

2. THAT the presentation by SHCAG commence at 3.00 pm and finish at 3.20 pm to

be followed by a 10 minute period for questions from Councillors with the Council Meeting to commence at 3.30 pm.

3. THAT Hume Coal be sent an invitation to attend the presentation by SHCAG as

well. 4. THAT both The Hon Pru Goward, MP, the Member for Goulburn, Minister for the

Prevention of Domestic Violence and Sexual Assault, Minister for Mental Health, Minister for Medical Research, Minister for Women, Assistant Minister for Health and Mr Jai Rowell, MP, and the Member for Wollondilly be also invited to attend this presentation.

PASSED



Page | 48

21. GENERAL BUSINESS

There were no General Business at this Meeting.



Page | 49

22. CLOSED COUNCIL

MOVING INTO CLOSED SESSION

107/9

At this juncture, the time being 7.42 pm, pursuant to section 10A(4), the Mayor offered the opportunity to members of the public to make representations to Council as to whether any items of the Closed Council should not be considered in Closed Council.

No objections were received from the members of the public.



Page | 50

MN 419/15

MOTION moved by Clr J R Clark and seconded by Clr L A C Whipper

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

of Section 10A(2) of the Local Government Act 1993 as addressed below to consider the following report that are confidential for the reasons specified below: 22.1 RFT 6330/15.3 Lighting Upgrade Moss Vale Civic Centre

Brief description The purpose of this report is to present Tenders that were received in response to RFQ 6330/15.3 Lighting Upgrade at Moss Vale Civic Centre. Relevant Legal Provisions This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)d(ii) as it contains information that would, if disclosed, confer a commercial advantage on a competitor of the council and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council. The approval of the Council in sought in accordance with Section 55 of the Local Government Act 1993 and Section 178 of the Local Government (General) Regulation 2005 Section 178(1) “after considering the tenders submitted for a proposed contract, the Council must either: (a) Accept the tender that having regard to all the circumstances,

appears to be the most advantageous, or (b) Decline to accept any of the tenders”. Recommendations are presented regarding the preferred tenderers.

22.2 Staff Matter Brief description Reporting on the General Manager Performance Review Committee annual assessment of the General Manager’s performance for the year ended 30 June 2015.

Relevant Legal Provisions This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(a) as it contains personnel matters concerning particular individuals (other than councillors) and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

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

resolution) be made public. PASSED



Page | 51

22.1 RFT 6330/15.3 Lighting Upgrade Moss Vale Civic Centre

Reference: 6330/15.3 Report Author: Environment & Health Systems Coordinator Authoriser: Manager Environment & Sustainability Link to Corporate Plan: Establish mitigation and adaption plans and imagine a very

different world in 2031. Take into consideration the realities of peak oil, climate change, steady state economy and population growth

CONFIDENTIAL ITEM

This report is confidential in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)d(ii) as it contains information that would, if disclosed, confer a commercial advantage on a competitor of the council.

PURPOSE The purpose of this report is to present Tenders that were received in response to RFQ 6330/15.3 Lighting Upgrade at Moss Vale Civic Centre. This Item was dealt with earlier in the Meeting (refer MN 412/15 on pages 33/34).

All staff members then left the Chamber at this juncture of the Meeting.



Page | 52

22.2 Staff Matter

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

nurture ideas

CONFIDENTIAL ITEM

This report is confidential in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(a) as it contains personnel matters concerning particular individuals (other than councillors).

PURPOSE Reporting on the General Manager Performance Review Committee annual assessment of the General Manager’s performance for the year ended 30 June 2015.

MN 420/15

MOTION moved by Clr J R Clark and seconded by Clr L A C Whipper THAT the General Manager be congratulated on her performance to date noting that a formal report will be presented to the next Meeting of Council on Wednesday, 26 August 2015. PASSED

Staff members returned to the meeting at this juncture.



Page | 53

RESUMPTION OF OPEN COUNCIL

107/10

MN 421/15

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

No members of the public were present in the Chamber.

ADOPTION OF CLOSED COUNCIL

107/9

MN 422/15

MOTION moved by Clr J Uliana and seconded by Clr J R Clark THAT the recommendations of the Closed Council held on Wednesday, 12 August 2015 being MN 420/15 be adopted. PASSED

23. ADOPTION OF COMMITTEE OF THE WHOLE

107/10

MN 423/15

MOTION moved by Clr J R Clark and seconded by Clr L A C Whipper THAT the recommendations of the Committee of the Whole held on Wednesday, 12 August 2015 being MN 394/15 to MN 396/15 be adopted. PASSED



Page | 54

24. MEETING CLOSURE

THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 6.56 PM In accordance with the provisions of Section 375(2) of the Local Government Act, these Minutes of the Ordinary Council Meeting held Wednesday 12 August 2015 numbered M/N 389/15 to M/N 423/15 were signed by me hereunder at the Council Meeting held on Wednesday 26 August 2015.

CHAIRMAN

READ AND CONFIRMED ON WEDNESDAY 26 AUGUST 2015

CHAIRMAN PUBLIC OFFICER

minutes of ordinary meeting of council - 12 august 2015 · 8/12/2015 · minutes of the ordinary...

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