Minutes of Ordinary Meeting of Council - 8 November 2017 · 2017. 11. 10. · Wednesday 8 November...

MINUTES

of the

Ordinary Meeting of Council

held in

Council Chambers, Civic Centre, Elizabeth Street, Moss Vale

on

Wednesday 8 November 2017

Wednesday 31 The meeting commenced at 3.30 pm

File No. 100/2017

MINUTES OF THE ORDINARY MEETING OF COUNCIL


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1. OPENING OF THE MEETING

2. ACKNOWLEDGEMENT OF COUNTRY

3. PRAYER

4. APOLOGIES

Mayor Clr K J Halstead

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 25 October 2017

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

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

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

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

9. PUBLIC FORUM ............................................................................................ 6

COMMITTEE OF THE WHOLE

10. VISITOR MATTERS ....................................................................................... 8

OPERATIONS

Nil .............................................................................................................. 8

CORPORATE AND STRATEGY

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

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

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

12. OPERATIONS FINANCE AND RISK ............................................................11

12.1 Request for Funding of Traffic Arrangements for 2018 Remembrance Day Services at Mittagong and Bundanoon ..................11

12.2 Tender for the East Bowral Community Centre Carpark Civil Works .....12

13. CORPORATE STRATEGY AND DEVELOPMENT SERVICES ....................13

13.1 Development Applications Determined from 25 September 2017 to 22 October 2017 ...................................................................................13

13.2 Development Applications Received from 25 September 2017 to 22 October 2017 ........................................................................................14

13.3 Post Exhibition Report on Draft Residential DCP Amendments ............15

13.4 Rezoning of 141 Yarrawa Road, Moss Vale 'Coomungie' and 32 Lovelle Street, Moss Vale 'Chelsea Gardens' .......................................16

13.5 Review of Local Orders Policy ..............................................................18



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14. GENERAL MANAGER ..................................................................................19

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

15. DELEGATE REPORTS .................................................................................20

Nil .............................................................................................................20

16. PETITIONS ....................................................................................................21

16.1 Petition 06/2017 - Improved Bundanoon Skate Park .............................21

17. CORRESPONDENCE FOR ATTENTION ......................................................22

Nil .............................................................................................................22

18. COMMITTEE REPORTS ...............................................................................23

18.1 Management and Advisory Committee Reports ....................................23

18.2 Minutes of the Audit, Risk and Improvement Advisory Committee Meeting held on Tuesday, 10 October 2017 .........................................24

19. QUESTIONS WITH NOTICE .........................................................................25

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

20. NOTICES OF MOTION ..................................................................................26

20.1 Notice of Rescission of Motion 05/2017 - Delegations of Authority - General Manager ..................................................................................26

20.2 Notice of Rescission of Motion 06/2017 - Council Nominations for the Southern Joint Regional Planning Panel ...............................................27

COUNCIL MATTERS

Deputy Mayor resumes the chair ...................................................................28

QUESTIONS FROM THE PUBLIC

There were no Questions at this Meeting .......................................................29

13. CORPORATE STRATEGY AND DEVELOPMENT SERVICES (CONT) .......30

13.4 Rezoning of 141 Yarrawa Road, Moss Vale 'Coomungie' and 32 Lovelle Street, Moss Vale 'Chelsea Gardens' .......................................30

20. NOTICES OF MOTION (CONT) ....................................................................32

20.1 Notice of Rescission of Motion 05/2017 - Delegations of Authority - General Manager ..................................................................................32

20.3 Notice of Motion 34/2017 - Video and Audio Streaming of Council Meetings ...............................................................................................34

20.4 Notice of Motion 35/2017 - Green Waste Transfer Station to Service the Northern Villages ............................................................................36

21. GENERAL BUSINESS ..................................................................................38



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

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

22.1 Tender for the East Bowral Community Centre Carpark Civil Works .....41

22.2 Ongoing Legal Matter – Oxley College Limited vs Wingecarribee Shire Council ........................................................................................42

23. RESUMPTION OF OPEN COUNCIL .............................................................44

Adoption of Closed Council ............................................................................44

24. ADOPTION OF COMMITTEE OF THE WHOLE ............................................44

25. MEETING CLOSURE ....................................................................................45



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MINUTES OF THE ORDINARY MEETING OF WINGECARRIBEE SHIRE COUNCIL HELD IN COUNCIL CHAMBERS, CIVIC CENTRE, ELIZABETH STREET, MOSS VALE ON WEDNESDAY 8 NOVEMBER 2017 COMMENCING AT 3.30 PM

Present: Clr I M Scandrett (Deputy Mayor) Clr G J Andrews

Clr T D Gair Clr G McLaughlin Clr G Markwart Clr P W Nelson Clr G M Turland 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 Group Manager Corporate and Community Mr Nick O’Connor Group Manager Planning, Development and Regulatory Services Mr Nicholas Wilton Chief Financial Officer Mr Richard Mooney Senior Strategic Land Use Planner (in part) Mrs Susan Stanndard Coordinator Media and Communications Mr David Sommers Administration Officer Ms Liz Johnson

1. OPENING OF THE MEETING The Deputy Mayor Clr I M Scandrett opened the meeting and welcomed members of the public and the press.

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



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3. PRAYER

The meeting was led in prayer by Reverend Richard Mills of Anglican Church, Mittagong.

4. APOLOGY It was noted that an apology was received and leave of absence granted to the Mayor Clr K J Halstead at the Ordinary Meeting of Council held on Wednesday, 25 October 2017.

PERS

MN 500/17

MOTION moved by Clr T D Gair and seconded by Clr G McLaughlin THAT the apology of the Mayor Clr K J Halstead be noted. PASSED

5. CONFIRMATION OF MINUTES

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY 25 OCTOBER 2017

100/1

MN 501/17

MOTION moved by Clr T D Gair and seconded by Clr G McLaughlin THAT the minutes of the Ordinary Meeting of Council held on Wednesday 25 October 2017 MN 473/17 to MN 499/17 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. ONGOING LEGAL MATTER – OXLEY COLLEGE LIMITED v WINGECARRIBEE

SHIRE COUNCIL 16/0056.06

Clr P W Nelson requested that this matter be dealt with as a matter of great urgency in Closed Council under s10A of the Local Government Act 1993, as it deals with an ongoing legal matter which is subject to Legal Professional Privilege. Clr Nelson advised that the matter required Council’s determination following on from information that had been provided to Councillors today.

MN 502/17

MOTION moved by Clr P W Nelson and seconded by Clr G McLaughlin

THAT the Ongoing Legal Matter – Oxley College Limited v Wingecarribee Shire Council - be dealt with as a matter of urgency. PASSED

The Acting Mayor Clr I M Scandrett ruled that this matter is a matter of urgency.

MN 503/17

MOTION moved by Clr P W Nelson and seconded by Clr G McLaughlin THAT the Ongoing Legal Matter – Oxley College Limited v Wingecarribee Shire Council - be referred to Council for consideration and determination in Closed Council. PASSED

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

There were no objections from the public.



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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.

101/3.1, 16/0056 Clr T D Gair declared a less than significant non-pecuniary interest in Item 22.1 - Ongoing Legal Matter – Oxley College Limited v Wingecarribee Shire Council - as he has grandchildren attending Oxley College. He stated that he would remain in the chamber when this matter was discussed and take part in the debate and voting thereon.

101/3.1, 5901/5, PN1682700, PN1705662

Clr T D Gair declared a less than significant non-pecuniary interest in Item 13.4 – Rezoning of 141 Yarrawa Road, Moss Vale ‘Coomungie’ and 32 Lovelle Street, Moss Vale ‘Chelsea Gardens’ – as, he stated, there is a perception by the community that he has some form of interest in the development. He stated that he would remain in the chamber when this matter was discussed and take part in the debate and voting thereon, only if it is in the affirmative.

101/3.1, 16/0056

Deputy Mayor I M Scandrett declared a less than significant non-pecuniary interest in Item 22.1 – Ongoing Legal Matter – Oxley College Limited v Wingecarribee Shire Council – as his son went to Oxley in high school but is no longer a student there. He stated that he would remain in the chamber when this matter was discussed and take part in the debate and voting thereon.

101/3, 5302

The Deputy General Manager Operations, Finance and Risk declared a pecuniary interest in Item 13.2 – Development Applications Received from 25 September 2017 to 22 October 2017 - as he is the applicant and owner of the property that is shown as Application ID 17/1396 on page 25 of the Agenda. He noted that the application has been withdrawn, but stated that he would be absent from the Chambers for consideration of that item.



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8. MAYORAL MINUTES

There were no Mayoral Minutes at this Meeting.



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9. PUBLIC FORUM

5700 1. ITEM 13.3 – POST EXHIBITION REPORT ON DRAFT RESIDENTIAL DCP

AMENDMENTS Mr Barry Anstee requested and was granted approval to speak on this matter which was listed on the Agenda. The Deputy Mayor Clr I M Scandrett thanked Mr Anstee for his comments and noted that the matter would be considered later in the Meeting.



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COMMITTEE OF THE WHOLE

107/10

MN 504/17

MOTION moved by Clr G McLaughlin and seconded by Clr G Markwart

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



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10. VISITOR MATTERS

OPERATIONS

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



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CORPORATE AND STRATEGY

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



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11. EN BLOC MOTION

There was no En Bloc Motion at this Meeting.



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12. OPERATIONS FINANCE AND RISK

12.1 Request for Funding of Traffic Arrangements for 2018 Remembrance Day Services at Mittagong and Bundanoon

Reference: 7460/25, 7460/1, 1671/14 Report Author: Traffic Engineer Authoriser: Manager Assets Link to Community Strategic Plan: Work in partnership to ensure a safe road network

PURPOSE

Requesting funding of the traffic arrangements for the 2018 Remembrance Day Services at Mittagong and Bundanoon

MN 505/17

MOTION moved by Clr L A C Whipper and seconded by Clr G J Andrews 1. THAT Council supports the 2018 Remembrance Day Service at Mittagong by

providing funding of $2,112 for the traffic and parking arrangements AND THAT the funds be allocated from the Contingency Fund.

2. THAT Council supports the 2018 Remembrance Day Service at Bundanoon by

providing funding of $2,244 for the traffic and parking arrangements AND THAT the funds be allocated from the Contingency Fund.

3. THAT the traffic and parking arrangements for the 2018 Remembrance Day

Services at Mittagong and Bundanoon be submitted to the Traffic Committee for consideration.

PASSED



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12.2 Tender for the East Bowral Community Centre Carpark Civil Works

Reference: 6330/17.19 Report Author: Project Manager Authoriser: Manager Projects and Contracts Link to Community Strategic Plan: Create welcoming and accessible community facilities that

support opportunities for people to meet and connect with one another

PURPOSE

The purpose of this report is to present the evaluation of the Request for Tender for the East Bowral Community Centre Carpark Civil Works. The General Manager read the recommendation contained within the Closed Council report.

MN 506/17

MOTION moved by Clr G McLaughlin and seconded by Clr L A C Whipper THAT in relation to the report concerning the Tender for the East Bowral Community Centre Carpark Civil Works (RFT 6330/17.19) - Council adopts the recommendations contained within the Closed Council report – Item 22.1, as follows:

THAT Council accept the tender from Shore Contracting Pty Ltd at a Lump Sum of $152,187.29 to undertake the specific works.

PASSED



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13. CORPORATE STRATEGY AND DEVELOPMENT SERVICES

13.1 Development Applications Determined from 25 September 2017 to 22 October 2017

Reference: 5302 Report Author: Business Support Officer (Development) Authoriser: Group Manager Planning, Development and Regulatory

Services Link to Community Strategic Plan: Effective and efficient Council service delivery is provided

within a framework that puts the customer first

PURPOSE The purpose of this report is to update Councillors on Development Applications Determined for the period 25 September 2017 to 22 October 2017.

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

MN 507/17

MOTION moved by Clr L A C Whipper and seconded by Clr G Markwart THAT the information relating to the lists of Development Applications Determined for the period 25 September 2017 to 22 October 2017 be received and noted. PASSED



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13.2 Development Applications Received from 25 September 2017 to 22 October 2017

Reference: 5302 Report Author: Business Support Officer (Development) Authoriser: Group Manager Planning, Development and Regulatory

Services Link to Community Strategic Plan: Effective and efficient Council service delivery is provided

within a framework that puts the customer first

PURPOSE The purpose of this report is to update Councillors and Development Applications Received in the period of 25 September 2017 to 22 October 2017. Interest: The Deputy General Manager Operations, Finance and Risk declared a pecuniary interest in this Item as he is the applicant and owner of the property that is shown as Application ID 17/1396 on page 25 of the Agenda. He noted that the application has been withdrawn, but left the Chambers for consideration of this Item.

MN 508/17

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

25 September 2017 to 22 October 2017 be received and noted. 2. THAT further information in relation to the following items be provided to

Councillors via the Weekly Circular:

(a) Item 4 – S96 Modification (changes to roof pitch, cladding thickness, ceiling height and removal of retaining wall) – 11-13 Oxley Street, Berrima (Lot 16 Sec 30 DP 758098 and Lot 17 Sec 30 DP 758098).

(b) Item 8 – Residential Alterations and Additions – 3 Oxley Street, Berrima

(Lot 14 DP 216552). (c) Item 85 – Section 96 Modification (amendment to S94 contribution

conditions) – 33 Carribee Road, Moss Vale (Lot 4 DP 623038)

PASSED



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13.3 Post Exhibition Report on Draft Residential DCP Amendments

Reference: 5700 Report Author: Senior Strategic Land Use Planner Authoriser: Group Manager Planning, Development and Regulatory

Services Link to Community Strategic Plan: Identify and protect the unique characteristics of towns and

villages to retain a sense of place

PURPOSE The purpose of this report is to inform Council on submissions received during the public exhibition of draft Development Control Plan amendments for residential development. The Senior Strategic Land User Planner addressed Council on this matter. The Deputy General Manager Operations, Finance and Risk returned to the Meeting at this juncture.

VOTING ON THE MOTION Councillors are required to record their votes on this matter.

MN 509/17

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

1. THAT the draft Residential DCP amendments contained in Attachment 1 to the

report be adopted. 2. THAT it be noted that this is an interim review of the DCP AND THAT a future

review which will incorporate requirements from the Department of Planning and Environment, including the LEP and DCPs, will commence within the next 12 months, if possible.

PASSED

VOTING ON THE MOTION

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

Against the Motion: Nil



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13.4 Rezoning of 141 Yarrawa Road, Moss Vale 'Coomungie' and 32 Lovelle Street, Moss Vale 'Chelsea Gardens'

Reference: 5901/5, PN1682700, PN1705662 Report Author: Deputy General Manager Corporate, Strategy and

Development Services Authoriser: Deputy General Manager Corporate, Strategy and

Development Services Link to Community Strategic Plan: Provide a mixture of housing types that allow residents to

meet their housing needs at different stages of their lives and support affordable living

PURPOSE The purpose of this report is to formally advise Council that the NSW Department of Planning and Environment has proceeded to make the Plan to rezone 141 Yarrawa Road, Moss Vale ‘Coomungie’ and 32 Lovelle Street, Moss Vale ‘Chelsea Gardens’ from rural to residential. Interest: Clr T D Gair declared a less than significant non-pecuniary interest in this matter as, he stated, there is a perception by the community that he has some form of interest in the development. He remained in the chamber at this point, but advised that he may leave and not be involved in the voting.

MN 510/17

MOTION moved by Clr G McLaughlin and seconded by Clr G M Turland 1. THAT Council notes the making of Wingecarribee Local Environmental Plan

(Amendment No 43) by the NSW Department of Planning and Environment for the rezoning of 141 Yarrawa Road, Moss Vale ‘Coomungie’ and 32 Lovelle Street, Moss Vale ‘Chelsea Gardens’ from rural to residential.

2. THAT Council works with the Department of Planning and Environment and the

Applicant to provide the best outcome for the community in relation to this development.

3. THAT Council requests the Department of Planning and Environment and Roads

and Maritime Services to formulate a Traffic Plan to deal with the current traffic congestion in Moss Vale.

The General Manager left the Meeting, the time being 4.22 pm and returned at 4.31 pm.



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

1. THAT Council notes the making of Wingecarribee Local Environmental Plan (Amendment No 43) by the NSW Department of Planning and Environment for the rezoning of 141 Yarrawa Road, Moss Vale ‘Coomungie’ and 32 Lovelle Street, Moss Vale ‘Chelsea Gardens’ from rural to residential.

2. THAT Council makes formal representations to the Premier of NSW the Hon Gladys Berejiklian raising concerns about the processes employed by the Department of Planning and Environment which contradict Council’s established position in relation to the rezoning of the ‘Coomungie’ and ‘Chelsea Gardens’ properties.

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

VOTING ON THE AMENDMENT

For the Amendment: Clr G J Andrews, Clr G Markwart, Deputy Mayor I M Scandrett and Clr L A C Whipper

Against the Amendment: Clr T D Gair, Clr G McLaughlin, Clr P W Nelson and Clr G M Turland



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13.5 Review of Local Orders Policy

Reference: 201/5.1 Report Author: Environmental Policy Officer Authoriser: Environment and Health Systems Coordinator Link to Community Strategic Plan: Conserve the key natural resources of the Shire and

minimise the impact from development

PURPOSE

The Local Orders Policy (Order 21) has undergone a scheduled review. This report seeks approval for it to be placed on public exhibition in line with the Local Government Act 1993 prior to adoption by Council.

MN 511/17

MOTION moved by Clr G M Turland and seconded by Clr L A C Whipper THAT Council endorses the public exhibition of the Local Orders Policy (Order 21) for 28 days. PASSED



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14. GENERAL MANAGER

There were no General Manager reports at this Meeting.



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15. DELEGATE REPORTS

There were no Delegate Reports at this Meeting.



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16. PETITIONS

16.1 Petition 06/2017 - Improved Bundanoon Skate Park

Reference: 100/8, 6429/4 Report Author: Administration Officer Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability

and ethical governance that guides well informed decisions to advance agreed community priorities

PURPOSE The purpose of this report is to table a petition in relation to an Improved Bundanoon Skate Park. The petition has been signed by approximately 1,145 signatories. A copy of the Petition has been placed in the Councillors’ Room and will be tabled at the Ordinary Meeting of Council.

MN 512/17

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr G J Andrews 1. THAT Petition 06/2017 – Improved Bundanoon Skate Park – be received and the

content of this report be noted. 2. THAT a report and costing in relation to Petition 06/2017 - Improved Bundanoon

Skate Park - be referred to the Sport and Recreation Advisory Committee Meeting for consideration.

PASSED



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17. CORRESPONDENCE FOR ATTENTION

There was no Correspondence for Attention at this Meeting.



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18. COMMITTEE REPORTS

18.1 Management and Advisory Committee Reports

Reference: 107/1 Report Author: Committee Coordinator Authoriser: Manager Assets Link to Community Strategic Plan: Encourage all members of the community, especially older

residents, to share their knowledge and experience with younger members

PURPOSE This report provides the Minutes of the following Committee Meetings, copies of which will be tabled for information: 1. Robertson Community Centre Management Committee held on Monday, 14 August

2017. 2. Robertson Community Centre Management Committee Annual General Meeting held

on Monday, 14 August 2017. 3. Exeter Hall Management Committee held on Monday, 9 October 2017.

MN 513/17

MOTION moved by Clr L A C Whipper and seconded by Clr P W Nelson THAT the information contained in the following Committee Reports be noted: 1. Robertson Community Centre Management Committee held on Monday,

14 August 2017. 2. Robertson Community Centre Management Committee Annual General Meeting

held on Monday, 14 August 2017. 3. Exeter Hall Management Committee held on Monday, 9 October 2017. PASSED



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18.2 Minutes of the Audit, Risk and Improvement Advisory Committee Meeting held on Tuesday, 10 October 2017

Reference: 2102/3 Report Author: Internal Audit and Legal Support Officer Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE This report provides the Minutes of the Audit, Risk and Improvement Advisory Committee Meeting held on Tuesday, 10 October 2017.

MN 514/17

MOTION moved by Clr P W Nelson and seconded by Deputy Mayor I M Scandrett THAT recommendations Nos AR 23/17 to AR 33/17 – as detailed in the Minutes of the Audit, Risk and Improvement Advisory Committee Meeting held on Tuesday, 10 October 2017 be adopted. PASSED



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19. QUESTIONS WITH NOTICE

There were no Questions with Notice at this Meeting.



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20. NOTICES OF MOTION

20.1 Notice of Rescission of Motion 05/2017 - Delegations of Authority - General Manager



PURPOSE Councillors Peter Nelson, Graham McLaughlin, Graham Andrews and Duncan Gair have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 8 November 2017 that the following resolution from the Ordinary Meeting of Council held on 27 September 2017 be rescinded:

MN 439/17

MOTION moved by Mayor K J Halstead and seconded by Deputy Mayor I M Scandrett THAT pursuant to s.377 of the Local Government Act 1993, Council delegates the authority to the General Manager to undertake the functions of Council, via the powers, authorities and duties contained in applicable legislation and specifically those set out in Schedule 1, subject to the limitations set out in Schedule 2 of the Instrument of Delegation detailed in Attachment 1, with the exception of Item 3 in Attachment 1 to the report.

MN 515/17

MOTION moved by Clr P W Nelson and seconded by Clr G J Andrews

THAT resolution No 439/17 from the Ordinary Meeting of Council held on Wednesday, 27 September 2017 be rescinded.

Deputy Mayor I M Scandrett left the chambers, the time being 5.01 pm and returned to the meeting at 5.02 pm.

ON BEING PUT TO THE MEETING IN COMMITTEE OF THE WHOLE VOTING ON THE MOTION WAS TIED AT FOUR (4) VOTES ALL AND THEREFORE THE MATTER WAS DEFERRED TO THE FULL COUNCIL MEETING WITH THE DEPUTY MAYOR IN THE CHAIR



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20.2 Notice of Rescission of Motion 06/2017 - Council Nominations for the Southern Joint Regional Planning Panel

Reference: 100/5, 5606, 5300 Report Author: Administration Officer Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE Councillors Grahame Andrews, Garry Turland and Peter Nelson have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 8 November 2017 that the following resolution from the Ordinary Meeting of Council held on 27 September 2017 be rescinded:

MN 429/17

MOTION moved by Clr G M Turland and seconded by Clr G J Andrews THAT consideration of the report in relation to Council Nominations for the Southern Joint Regional Planning Panel be deferred until a full complement of Councillors is present.

MN 516/17

MOTION moved by Clr G J Andrews and seconded by Clr G Markwart THAT resolution No 429/17 from the Ordinary Meeting of Council held on Wednesday, 27 September 2017 be rescinded. LOST



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COUNCIL MATTERS

MN 517/17

MOTION moved by Clr G McLaughlin and seconded by Clr G M Turland THAT Council move from Committee of the Whole back into Council, the time being 5.34 pm with the Deputy Mayor Clr I M Scandrett resuming the Chair to conduct the remainder of Council Business. PASSED



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QUESTIONS FROM THE PUBLIC

100/10

There were no Questions from the Public at this Meeting.



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13. CORPORATE STRATEGY AND DEVELOPMENT SERVICES (CONT)

13.4 Rezoning of 141 Yarrawa Road, Moss Vale 'Coomungie' and 32 Lovelle Street, Moss Vale 'Chelsea Gardens'

Reference: 5901/5, PN1682700, PN1705662 Report Author: Deputy General Manager Corporate, Strategy and

Development Services Authoriser: Deputy General Manager Corporate, Strategy and

Development Services Link to Community Strategic Plan: Provide a mixture of housing types that allow residents to

meet their housing needs at different stages of their lives and support affordable living

PURPOSE The purpose of this report is to formally advise Council that the NSW Department of Planning and Environment has proceeded to make the Plan to rezone 141 Yarrawa Road, Moss Vale ‘Coomungie’ and 32 Lovelle Street, Moss Vale ‘Chelsea Gardens’ from rural to residential. Interest: Clr T D Gair declared a less than significant non-pecuniary interest in this matter as, he stated, there is a perception by the community that he has some form of interest in the development. He remained in the chamber at this point, but advised that he may leave and not be involved in the voting.

MN 518/17

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

1. THAT Council notes the making of Wingecarribee Local Environmental Plan

(Amendment No 43) by the NSW Department of Planning and Environment for the rezoning of 141 Yarrawa Road, Moss Vale ‘Coomungie’ and 32 Lovelle Street, Moss Vale ‘Chelsea Gardens’ from rural to residential.

2. THAT Council works with the Department of Planning and Environment and the

Applicant to provide the best outcome for the community in relation to this development.

3. THAT Council requests the Department of Planning and Environment and Roads and

Maritime Services to formulate a Traffic Plan to deal with the current traffic congestion in Moss Vale.



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1. THAT Council notes the making of Wingecarribee Local Environmental Plan (Amendment No 43) by the NSW Department of Planning and Environment for the rezoning of 141 Yarrawa Road, Moss Vale ‘Coomungie’ and 32 Lovelle Street, Moss Vale ‘Chelsea Gardens’ from rural to residential.

2. THAT Council makes formal representations to the Premier of NSW the Hon Gladys Berejiklian raising concerns about the processes employed by the Department of Planning and Environment which contradict Council’s established position in relation to the rezoning of the ‘Coomungie’ and ‘Chelsea Gardens’ properties.

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


For the motion: Clr G J Andrews, Clr G Markwart, Deputy Mayor I M Scandrett and Clr L A C Whipper

Against the motion: Clr T D Gair, Clr G McLaughlin, Clr P W Nelson and Clr G M Turland

THE MATTER WAS RESUBMITTED FOR FURTHER CONSIDERATION BY COUNCIL

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

THE AMENDMENT BECAME THE MOTION

THE MOTION WAS PUT TO THE VOTE AND WAS PASSED


For the Motion: Clr G J Andrews, Clr G Markwart, Clr G McLaughlin, Deputy Mayor I M Scandrett and Clr L A C Whipper

Against the Motion: Clr G M Turland and Clr P W Nelson

Clr T D Gair abstained from voting and in accordance with clause 251(1) of the Local Government (General) Regulation 2005, the failure to vote is taken to be a vote against the motion.



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20. NOTICES OF MOTION (CONT)

20.1 Notice of Rescission of Motion 05/2017 - Delegations of Authority - General Manager



PURPOSE Councillors Peter Nelson, Graham McLaughlin, Graham Andrews and Duncan Gair have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 8 November 2017 that the following resolution from the Ordinary Meeting of Council held on 27 September 2017 be rescinded:

MN 439/17

MOTION moved by Mayor K J Halstead and seconded by Deputy Mayor I M Scandrett THAT pursuant to s.377 of the Local Government Act 1993, Council delegates the authority to the General Manager to undertake the functions of Council, via the powers, authorities and duties contained in applicable legislation and specifically those set out in Schedule 1, subject to the limitations set out in Schedule 2 of the Instrument of Delegation detailed in Attachment 1, with the exception of Item 3 in Attachment 1 to the report.

MN 519/17

MOTION moved by Clr P W Nelson and seconded by Clr G J Andrews

THAT resolution No 439/17 from the Ordinary Meeting of Council held on Wednesday, 27 September 2017 be rescinded.

Deputy Mayor I M Scandrett left the chambers, the time being 5.01 pm and returned to the meeting at 5.02 pm.

ON BEING PUT TO THE MEETING IN COMMITTEE OF THE WHOLE VOTING ON THE MOTION WAS TIED AT FOUR (4) VOTES ALL AND THEREFORE THE MATTER WAS DEFERRED TO THE FULL COUNCIL MEETING WITH THE DEPUTY MAYOR IN THE CHAIR

THE MATTER WAS RESUBMITTED FOR FURTHER CONSIDERATION BY COUNCIL



Page | 33

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



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20.3 Notice of Motion 34/2017 - Video and Audio Streaming of Council Meetings



PURPOSE Councillors Gordon Markwart and Ian Scandrett have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 8 November 2017: 1. THAT Council seek applications from local media organisations to video and audio

stream the public component of scheduled Council Meetings from the media gallery commencing from 1 December 2017.

2. THAT Council grant approvals to such local media organisations but retain the right to

deny or cancel said approval without notice and without specifying any reason for that decision.

3. THAT the period from 1 December 2017 to 31 March 2018 be considered a trial period

(pilot period) of video and audio streaming. 4. THAT during March 2018 Council assess community feedback and any other

considerations Council sees fit to do AND THAT Council consider permitting ongoing video and audio streaming of future public Council Meetings subject to terms and conditions that Council may determine from time to time.

5. THAT during April 2018 Council present a report to full Council upon the ongoing

video and audio streaming of public Council Meetings with the aim of recommending the most appropriate and cost effective means of doing so.

The General Manager left the Meeting at 5.43 pm.



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MN 520/17

MOTION moved by Clr G Markwart and seconded by Deputy Mayor I M Scandrett 1. THAT Council seek applications from local media organisations to video and audio

stream the public component of scheduled Council Meetings from the media gallery commencing from 1 December 2017.

2. THAT Council grant approvals to such local media organisations but retain the right to

deny or cancel said approval without notice and without specifying any reason for that decision.

3. THAT the period from 1 December 2017 to 31 March 2018 be considered a trial period

(pilot period) of video and audio streaming. 4. THAT during March 2018 Council assess community feedback and any other

considerations Council sees fit to do AND THAT Council consider permitting ongoing video and audio streaming of future public Council Meetings subject to terms and conditions that Council may determine from time to time.

5. THAT during April 2018 Council present a report to full Council upon the ongoing

video and audio streaming of public Council Meetings with the aim of recommending the most appropriate and cost effective means of doing so.

AMENDMENT moved by Clr L A C Whipper and seconded by Clr G McLaughlin THAT Notice of Motion 34/2017 – Video and Audio Streaming of Council Meetings – be noted.

THE AMENDMENT WAS PUT TO THE VOTE AND PASSED

THE AMENDMENT BECAME THE MOTION

THE MOTION WAS PUT TO THE VOTE AND PASSED



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20.4 Notice of Motion 35/2017 - Green Waste Transfer Station to Service the Northern Villages

Reference: 100/4 Report Author: Administration Officer Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE Councillor Duncan Gair has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 8 November 2017: 1. THAT Council investigate the costing and possibility of having a Green Waste

Transfer Station to service the Northern Villages. 2. THAT a preliminary investigation of suitable site/s be undertaken. 3. THAT subject to the above the matter be considered in the 2018/19 Budget

deliberations. The General Manager returned to the Meeting at 6.01 pm.

MN 521/17

MOTION moved by Clr T D Gair and seconded by Clr P W Nelson 1. THAT Council investigate the options and the costings and possibility of having

a Green Waste Transfer Station to service the Northern Villages. 2. THAT a preliminary investigation of suitable site/s be undertaken. 3. THAT subject to the above the matter be considered in the 2018/19 Budget

deliberations. 4. THAT as part of the costings consideration be given to a monthly pickup and

the cost to the public and/or Council.

PASSED



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1. THAT Council investigate the costing and possibility of having a full Waste Transfer Station to service the Northern Villages.

2. THAT a preliminary investigation of suitable site/s be undertaken. 3. THAT subject to the above the matter be considered in the 2018/19 Budget

deliberations. 4. THAT as part of the costings consideration be given to a monthly pickup and the cost

to the public and/or Council.

THE AMENDMENT WAS PUT TO THE VOTE AND LOST

THE MOTION WAS PUT TO THE VOTE AND PASSED



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21. GENERAL BUSINESS 1. NON-COMPLIANCE ISSUES AT BUILDING SITE IN BOWRAL 14/0971 Clr G M Turland asked if Council staff could investigate an alleged matter of non-compliance on a building site in Bowral. He advised that he will hand up an email in relation to this matter. The General Manager advised that this question would be taken on notice.

2. VEHICLE REPAIR STATION, 80 STATION STREET, BOWRAL 17/0816 Clr G M Turland asked if a briefing session could be held for Councillors in relation to the issue of the consent for this matter, as the fire damage occurred over 12 months ago. [Clr Turland handed up a letter from Lee Environmental Planning dated 1 November 2017]. The General Manager advised that a briefing session would be held.

3. REFURBISHMENT OF THE CIVIC CENTRE 7100/19 Clr G M Turland asked if a briefing session could be held for Councillors next Wednesday in relation to the Civic Centre Refurbishment. The General Manager advised that a briefing session would be held as soon as possible.

4. UNFORMED ROAD – PART DAPHNE STREET, BOWRAL RD1536, PN1765370, PN1765360 Clr G M Turland referred to his question on 23 August 2017 in relation to the unformed road which is part of Daphne Street, Bowral and asked for an update on this matter. The General Manager advised that this question would be taken on notice.

5. DELEGATIONS OF AUTHORITY - GENERAL MANAGER 800/10 Clr P W Nelson asked if it would be appropriate for him to bring back a Notice of Motion in relation to delegations in three months’ time, as staff need to do their job and manage the vast number of tenders that are being considered by Council. He asked if a briefing session could be held in relation to tender procurement. The General Manager advised that this question would be taken on notice.



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4. REAL ESTATE SIGNS 5501/5 Clr G McLaughlin referred to real estate signs and advised that they could represent a safety hazard on footpaths. He also noted that there were many open house and auction signs, and asked what were the regulations with regard to these signs. The General Manager advised that this question would be taken on notice.

5. CLEAN UP NOTICE FROM THE EPA PN385300 Clr I M Scandrett asked when would he have a reply to his question from the last Council Meeting in relation to this matter. The General Manager advised that this question would be taken on notice.

6. DUMPED VEHICLE IN GIBBERGUNYAH CREEK 5509, 5457/1 Clr I M Scandrett asked when removal of the vehicle from the water hole would take place. The General Manager advised that this question will be taken on notice.



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22. CLOSED COUNCIL

MOVING INTO CLOSED SESSION

107/9

At this juncture, the time being 6.33 pm, Council moved into Closed Council.

MN 522/17

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

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

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


Relevant Legal Provisions This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)d(i) as it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council. Brief description The purpose of this report is to present the evaluation of the Request for Tender for the East Bowral Community Centre Carpark Civil Works.

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

resolution) be made public. PASSED



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Reference: 6330/17.19 Report Author: Project Manager Authoriser: Manager Projects and Contracts Link to Community Strategic Plan: Create welcoming and accessible community facilities that

support opportunities for people to meet and connect with one another

This matter was dealt with earlier in the Meeting (refer MN 506/17 on page 12).



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22.2 Ongoing Legal Matter – Oxley College Limited vs Wingecarribee Shire Council

Reference: 16/0056.06 Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


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), under clause 10A(2)(e) as it contains information that would, if disclosed, prejudice the maintenance of law and under clause 10A(2)(g) as it contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

Interest: Clr T D Gair declared a less than significant non-pecuniary interest in this matter as he has grandchildren attending Oxley College. He remained in the chamber, took part in the debate and voted on the matter.

Interest: Clr I M Scandrett declared a less than significant non-pecuniary interest in this matter as his son went to Oxley for high school but is no longer a student there. He remained in the chamber, took part in the debate and voted on the matter.

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



Page | 43

MN 523/17

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

1. THAT Council consent to the withdrawal of the proceedings relating to Oxley

College vs WSC NSWLEC 2017/00234118 and 2017/00234098 (BC and Class 1) 11-29 Railway Road, Burradoo subject to a section 97B costs order of $15,000.

2. THAT as part of the agreement to withdraw Council also requires the applicant to install $10,000 worth of landscaping treatment to Osborne Road, Burradoo.

3. THAT Council lodge a complaint with the Building Professionals Board relating

to the professional conduct of the certifier for the Class Room Buildings on the site.

PASSED


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

Against the Motion: Nil



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23. RESUMPTION OF OPEN COUNCIL 107/10

MN 524/17

MOTION moved by Clr T D Gair and seconded by Clr G McLaughlin 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 525/17

MOTION moved by Clr P W Nelson and seconded by Clr G Markwart THAT the recommendation of the Closed Council held on Wednesday, 8 November 2017 being MN 522/17 be adopted. PASSED

24. ADOPTION OF COMMITTEE OF THE WHOLE

107/10

MN 526/17

MOTION moved by Clr T D Gair and seconded by Clr G McLaughlin THAT the recommendations of the Committee of the Whole held on Wednesday, 8 November 2017 being MN 505/17 to MN 517/17 be adopted. PASSED



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25. MEETING CLOSURE

THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 7.03 PM In accordance with the provisions of Section 375(2) of the Local Government Act, these Minutes of the Ordinary Council Meeting held Wednesday 8 November 2017 numbered M/N 500/17 to M/N 525/17 were signed by me hereunder at the Council Meeting held on Wednesday 22 November 2017.

CHAIRMAN

READ AND CONFIRMED ON WEDNESDAY 22 NOVEMBER 2017

CHAIRMAN PUBLIC OFFICER

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