Minutes of Ordinary Meeting of Council - 13 November 2019 · MINUTES OF THE ORDINARY MEETING OF COUNCIL Wednesday 13 November 2019 Page | 4 4. APOLOGY PERS MOTION moved by Clr P W

Please Note: the Minutes are yet to be endorsed by Council as true and correct and will be submitted to the next Council Meeting for confirmation.

MINUTES

of the

Ordinary Meeting of Council

held in

Council Chambers

Civic Centre, Elizabeth Street, Moss Vale

on

Wednesday 13 November 2019

Wednesday 31 The meeting commenced at 3.30pm

File No. 100/2019

MINUTES OF THE ORDINARY MEETING OF COUNCIL


Page | i

1. OPENING OF THE MEETING

2. ACKNOWLEDGEMENT OF COUNTRY

3. PRAYER

4. APOLOGIES

Leave of absence for this meeting was previously granted to Councillor G Markwart.

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 23 October 2019

6. DECLARATIONS OF INTEREST ..................................................................... 5

7. MAYORAL MINUTES ....................................................................................... 5

8. PUBLIC FORUM ............................................................................................... 5

9. VISITOR MATTERS .......................................................................................... 6

OPERATIONS

9.1 Presentation of the Audited Annual Financial Statements for the Period Ended 30 June 2019 ..................................................................... 6

CORPORATE AND STRATEGY

9.2 Audit, Risk and Improvement Advisory Committee Chair's Report to Council ..................................................................................................... 7

9.3 Section 4.55 Application to Modify Development Consent 15/0710; 12 Rochester Drive Bundanoon ............................................................... 8

9.4 Adoption of Rural Tourism Policy ........................................................... 10

10. EN BLOC MOTION ......................................................................................... 12

11. OPERATIONS FINANCE AND RISK ............................................................. 13

11.1 Post Exhibition Report - Proposed Lease of 1A Rainbow Street, Mittagong ............................................................................................... 13

11.2 Proposed Sale of Shareholding - Southern Phone Company Limited ... 14

11.3 Tender Outcome - Supply and Delivery of Premixed Concrete ............. 15

11.4 Tender - Sale of 10 Frankland Street Mittagong .................................... 16

11.5 Acquisition of Land for Proposed Detention Basin, Bowral .................... 17

12. CORPORATE STRATEGY AND DEVELOPMENT SERVICES ..................... 18

12.1 Development Applications Determined from 24 September 2019 to 28 October 2019 .................................................................................... 18

12.2 Development Applications Received from 24 September 2019 to 28 October 2019 ......................................................................................... 19

12.3 Development Control Plan Amendment - Wiseman Road Seniors Living Development ................................................................................ 20



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12.4 Request for a Refund of Development Fees by Robertson Men's Shed Inc. ................................................................................................ 21

12.5 Proposed 2020 Ordinary Council Meeting Dates ................................... 22

13. GENERAL MANAGER ................................................................................... 23

Nil

14. DELEGATE REPORTS .................................................................................. 23

15. PETITIONS ..................................................................................................... 23

Nil

16. COMMITTEE REPORTS ................................................................................ 23

Nil

17. QUESTIONS WITH NOTICE........................................................................... 24

17.1 Question with Notice 20/2019 - Mittagong Pool ..................................... 24

17.2 Question with Notice 21/2019 - Council Compulsory Acquisition (Resumption) of Private Land ................................................................ 25

17.3 Question with Notice 22/2019 Signage and Outdoor Advertisement ..... 26

17.4 Question with Notice 23/2019 - Infrastructure Inspections ..................... 27

18. NOTICES OF MOTION ................................................................................... 28

18.1 Notice of Motion 38/2019 - Merilbah Road Development Application .... 28

18.2 Notice of Motion 39/2019 - Council's Strategic Planning Day ................ 29

19. CLOSED COUNCIL ........................................................................................ 31

Moving into Closed Session ............................................................................ 31

19.1 Tender - Sale of 10 Frankland Street Mittagong .................................... 34

19.2 Acquisition of Land for Proposed Detention Basin, Bowral .................... 35

20. RESUMPTION OF OPEN AGENDA ............................................................... 36

Adoption of Closed Council ............................................................................. 36

21. MEETING CLOSURE ..................................................................................... 37



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MINUTES OF THE ORDINARY MEETINGOF WINGECARRIBEE SHIRE COUNCIL HELD IN COUNCIL CHAMBERS, CIVIC CENTRE, ELIZABETH STREET, MOSS VALE ON WEDNESDAY 13 NOVEMBER 2019 COMMENCING AT 3.30PM

Present: Clr T D Gair (Mayor) Clr K J Halstead OAM

Clr P W Nelson Clr I M Scandrett Clr G M Turland Clr L A C Whipper

In Attendance: General Manager Ms Ann Prendergast Deputy General Manager Operations, Finance and Risk Mr Barry W Paull Deputy General Manager Corporate Strategy and Development Services Mr Mark Pepping Group Manager Corporate and Community Ms Danielle Lidgard Group Manager Planning, Development and Regulatory Services Mr Nicholas Wilton Chief Financial Officer Mr Richard Mooney Chief Information Officer Mr John Crawford Coordinator Media and Communications Mr David Sommers Administration Officer Ms Michelle Richardson

1. OPENING OF THE MEETING The Mayor Clr T D Gair opened the meeting and welcomed members of the public and the press.

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

3. PRAYER

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



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4. APOLOGY

PERS

MOTION moved by Clr P W Nelson and seconded by Deputy Mayor G M Turland

THAT the apology of Clrs Andrews and McLaughlin be accepted and leave of absence granted.

MN 503/19

AMENDMENT moved by Clr I M Scandrett and seconded by Clr K J Halstead OAM

THAT each apology be dealt with in seriatim.

ON BEING PUT TO THE MEETING VOTING ON THE AMENDMENT WAS TIED AT THREE VOTES ALL AND THEREFORE MAYOR GAIR USED HIS CASTING VOTE IN THE AFFIRMATIVE AND THE AMENDMENT WAS PASSED. THE AMENDMENT BECAME THE MOTION

PASSED

MN 504/19


THAT the apology of Clr Andrews be accepted and leave of absence granted.

PASSED

MN 505/19


THAT the apology of Clr McLaughlin be accepted and leave of absence granted.

ON BEING PUT TO THE MEETING VOTING ON THE MOTION WAS TIED AT THREE VOTES ALL AND THEREFORE MAYOR GAIR USED HIS CASTING VOTE IN THE AFFIRMATIVE AND THE MOTION WAS PASSED

Clr Scandrett requested his dissenting vote be recorded.



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5. CONFIRMATION OF MINUTES

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY 23 OCTOBER 2019

MN 506/19

MOTION moved by Clr L A C Whipper and seconded by Clr K J Halstead OAM

THAT the minutes of the Ordinary Meeting of Council held on Wednesday 23 October 2019 MN 486/19 to MN 502/19 inclusive, copies of which were forwarded to Councillors, be adopted as a correct record of the proceedings of the meeting.

PASSED

6. 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. Nil.

7. MAYORAL MINUTES Nil

8. PUBLIC FORUM

Nil



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9. VISITOR MATTERS

OPERATIONS

9.1 Presentation of the Audited Annual Financial Statements for the Period Ended 30 June 2019

Reference: 2105 2105/2019 Report Author: Chief Financial Officer Authoriser: Deputy General Manager Operations, Finance and Risk Link to Community Strategic Plan: Effective financial and asset management ensure Council's

long term sustainability

PURPOSE The purpose of this report is to present the audited Annual Financial Statements for the year ended 30 June 2019 and to receive comments from Council’s Auditors’ representative, Mr David Nolan. The Council’s Auditors’ representative addressed Council on this item.

MN 507/19

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

1. THAT Council adopts the Audited Annual Financial Statements for the year

ended 30 June 2019. 2. THAT Council adopt the Auditors Report for the year ended 30 June 2019. 3. THAT Council’s Auditor Mr David Nolan be thanked for his comments and the

information be noted. 4. THAT Council staff be thanked for their dedication in preparing the financial

statements as presented.

PASSED



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CORPORATE AND STRATEGY

9.2 Audit, Risk and Improvement Advisory Committee Chair's Report to Council

Reference: 2102/3 Report Author: A/Coordinator Corporate Strategy and Governance 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 Charter for Council’s Audit, Risk and Improvement Advisory Committee requires the Chair to provide an annual report on the management of risk and internal controls. Audit, Risk and Improvement Advisory Committee Chair Ms Jan Edwards will provide Council with an update on risk and internal audit matters for the 2018/19 financial year.

The Audit, Risk and Improvement Advisory Committee Chair addressed Council on this item.

MN 508/19

MOTION moved by Clr P W Nelson and seconded by Clr K J Halstead OAM

1. THAT Council note the content of the Audit, Risk and Improvement Advisory

Committee Chair’s update on the management of risk and internal controls for the 2018/19 financial year.

2. THAT Council thank and congratulate the Chair and the independent committee members on their involvement and commitment to the Committee.

PASSED



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9.3 Section 4.55 Application to Modify Development Consent 15/0710; 12 Rochester Drive Bundanoon

Reference: PN: 1816130 15/0710.05 Report Author: Senior Accredited Certifier Authoriser: Group Manager Planning, Development and Regulatory

Services Applicant: Rochester Estate Pty Ltd - Glenn Sheehan Owner: Rochester Estate Pty Ltd 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 consider a section 4.55 application to modify development consent DA 15/0710, for a new dwelling at 12 Rochester Drive, Bundanoon. The subject application (15/0710.05) seeks approval for modifications to the approved external roof colour. The application has been requested by Councillors to be reported to Council for determination. Consequently, this report is prepared for determination, and recommends approval. The Group Manager Planning, Development and Regulatory Services addressed Council on this item.

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



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MN 509/19

MOTION moved by Deputy Mayor G M Turland and seconded by Clr P W Nelson

THAT development application DA 15/0710.05 for a proposed modification to the approved roof colour of the new dwelling at Lot 6 DP1220012, No 12 Rochester Drive, Bundanoon be APPROVED subject to conditions as described in Attachment 2 to the report.

PASSED

VOTING ON THE MOTION

For the motion: Mayor Clr T D Gair, Clr P W Nelson, Deputy Mayor G M Turland and Clr L A C Whipper

Against the motion: Clr K J Halstead OAM and Clr I M Scandrett

AMENDMENT moved by Clr I M Scandrett

THAT development application DA 15/0710.05 for a proposed modification to the approved roof colour of the new dwelling at Lot 6 DP1220012, No 12 Rochester Drive, Bundanoon be DEFERRED for a further site inspection with Councillors. AMENDMENT LAPSED THROUGH WANT OF A SECONDER



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9.4 Adoption of Rural Tourism Policy

Reference: 1900/1 Report Author: Senior Strategic Land Use Planner Authoriser: Coordinator Strategic Land Use Planning Link to Community Strategic Plan: Ensure tourism balances the economic benefits with impact

on environment and community

PURPOSE The purpose of this report is to present to Council outcomes from public consultation regarding the draft Wingecarribee Rural Tourism Policy. Ms Laurel Cheetham addressed Council on this item. The Senior Strategic Land Use Planner addressed Council on this item The General Manager left the chambers, the time being 4.49pm The General Manager returned to the chambers, the time being 5.03pm

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



Page | 11

MN 510/19

MOTION moved by Clr L A C Whipper and seconded by Deputy Mayor G M Turland

1. THAT the draft Rural Tourism Policy as attached, be adopted.

2. THAT a Planning Proposal be prepared for a Gateway Determination to amend WLEP 2010 to:

a) increase the maximum number of bedrooms in Farm Stay Accommodation from three (3) to a maximum of eight (8);

b) increase the maximum number of bedrooms in Bed and Breakfast Accommodation from three (3) to five (5); and

c) permit Artisan Food and Drink Industry with consent in the following zones:

1) RU1 Primary Production,

2) RU2 Rural Landscape,

3) RU4 Primary Production Small Lots, and

4) SP3 Tourist.

d) permit Function Centres with consent in the RU2 Rural Landscape zone;

e) insert a new ‘Heads of Consideration’ clause for Function Centres; and

f) exclude Function Centres from the operation of Clause 2.8 Temporary Use of Land.

g) insert a local definition Equine Breeding or Training Establishment.

3. THAT Council write to the NSW Department of Planning, Industry and

Environment requesting that Artisan Food and Drink Industry be permitted with consent in the E3 Environmental Management zone through whatever mechanism it determines to be most appropriate.

4. THAT Council undertake a review of the Rural Tourism Policy and associated planning provisions in the Wingecaribee LEP 2010 in 18 months time.

5. THAT Council staff be thanked for their dedication in preparing the Rural

Tourism Policy as presented.


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

Against the motion: Nil

PASSED



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10. EN BLOC MOTION There was no En Bloc Motion at this Meeting.



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11. OPERATIONS FINANCE AND RISK

11.1 Post Exhibition Report - Proposed Lease of 1A Rainbow Street, Mittagong

Reference: PN 700000 Report Author: Property and Projects Officer Authoriser: Chief Financial Officer Link to Community Strategic Plan: Effective financial and asset management ensure Council's


PURPOSE The purpose of this report is to seek Council’s position with respect to the proposed Lease to Illawarra Local Aboriginal Land Council (ILALC) of the Aboriginal Community Cultural Centre (ACCC) at 1A Rainbow Street, Mittagong.

MN 511/19


1. THAT Council enter into a Lease with the Illawarra Local Aboriginal Land

Council for the premises known as the Aboriginal Community Cultural Centre being the land comprised in Lot 33 in Deposited Plan 9299 being 1A Rainbow Street, Mittagong for a term of ninety nine (99) years.

2. THAT the General Manager and Mayor be delegated authority to execute the

Lease referred to in resolution 1 above and to affix the Common Seal of Council to the Lease and any support documents.

3. THAT the persons who made a submission in respect of the proposed Lease be

notified in writing of Resolution 1 above.

4. THAT Council staff be acknowledged for their contribution.

PASSED

Clr Scandrett requested his dissenting vote be recorded.



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11.2 Proposed Sale of Shareholding - Southern Phone Company Limited

Reference: 6329 Report Author: Chief Financial Officer Authoriser: Deputy General Manager Operations, Finance and Risk Link to Community Strategic Plan: Effective financial and asset management ensure Council's


PURPOSE The purpose of this report is to seek Council’s position with respect to the offer made by AGL Energy Ltd (AGL) to purchase Council’s shares in Southern Phone Company Ltd. The Deputy General Manager Operations, Finance and Risk addressed Council on this item

MN 512/19

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

1. THAT Council resolve to vote in favour of a special resolution to update the

Company’s constitution that is required to facilitate the AGL Transaction, including to permit non-council shareholders of the Company at the Extraordinary General Meeting.

2. THAT Council resolve to sell its Southern Phone shares to AGL by entering into a Share Sale Agreement and executing related transaction documents, being the Limited Power of Attorney, Share Transfer Form and Lost Share Certificate Indemnity.

3. THAT authority be delegated to the General Manager to execute on behalf of

Council all documents in relation to Resolution 1 and 2 above.

PASSED



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11.3 Tender Outcome - Supply and Delivery of Premixed Concrete

Reference: 6330/19.31 Report Author: Coordinator Procurement and Fleet Authoriser: Chief Financial Officer Link to Community Strategic Plan: Effective financial and asset management ensure Council's


PURPOSE The purpose of this report is to seek Council approval to enter into direct negotiation with local suppliers with the intention of forming a contract for the supply and delivery of premixed concrete. The proposal to enter into direct negotiation is the result of Council receiving no tenders in response to Council’s recent Request for Tender for the supply and delivery of premixed concrete.

MN 513/19

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

THAT as Council received NO tenders for RFT 6330/19.31 Supply and Delivery of Premixed Concrete, Council enter into direct negotiations with Boral Resources (Country), Concrite Pty Ltd and Holcim Australia with the intent of forming a panel contract for the supply and delivery of premixed concrete as per the Local Government Regulations 2005 178(3)(e). The proposed contract period to be for two (2) years with provisions in place for a further two (2), one (1) year extension options.

PASSED



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11.4 Tender - Sale of 10 Frankland Street Mittagong

Reference: PN556900 Report Author: Chief Financial Officer Authoriser: Deputy General Manager Operations, Finance and Risk 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 present the results of the public Tender for the sale of 10 Frankland Street Mittagong. Council’s Deputy General Manager Operations ,Finance & Risk will provide further detail at the Council meeting.

MOTION moved by Deputy Mayor G M Turland and seconded by Clr L Whipper

THAT the matter be deferred until Council meeting of 27 November 2019.

LOST

AMENDMENT moved by Clr I M Scandrett and seconded by Clr P W Nelson

THAT the results of the public Tender for the sale of 10 Frankland Street Mittagong be considered in Closed Council – Item 19.1.

ON BEING PUT TO THE MEETING VOTING ON THE AMENDMENT WAS TIED AT THREE VOTES ALL AND THEREFORE MAYOR GAIR USED HIS CASTING VOTE IN THE AFFIRMATIVE AND THE AMENDMENT WAS PASSED THE AMENDMENT BECAME THE MOTION MOTION PASSED.



Page | 17

11.5 Acquisition of Land for Proposed Detention Basin, Bowral

Reference: PN1804050 Report Author: Property and Projects Officer Authoriser: Chief Financial Officer Link to Community Strategic Plan: Effective financial and asset management ensure Council's


PURPOSE The purpose of this report is to seek Council direction regarding acquisition of land for a proposed future detention basin. The property the subject of the report is part Retford Farm, Old South Road, Bowral (being part Lot 50 in Deposited Plan 1141888).

MN 514/19

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

THAT the report concerning Compulsory Acquisition of Land for Proposed Detention Basin, Part Retford Farm, Bowral – be considered in Closed Council – Item 19.2.

PASSED



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12. CORPORATE STRATEGY AND DEVELOPMENT SERVICES

12.1 Development Applications Determined from 24 September 2019 to 28 October 2019

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

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 update Councillors on Development Applications Determined for the period 24 September 2019 to 28 October 2019.

MN 515/19

MOTION moved by Clr P W Nelson and seconded by Clr K J Halstead OAM

THAT the information relating to the lists of Development Applications Determined for the period 24 September 2019 to 28 October 2019 be received and noted.

PASSED



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12.2 Development Applications Received from 24 September 2019 to 28 October 2019

Reference: 5302 Report Author: Team Leader Business Support 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 24 September 2019 to 28 October 2019

Clr K J Halstead OAM left the chambers, the time being 05:37pm.

MN 516/19


THAT the information relating to Development Applications Received from 24 September 2019 to 28 October 2019 be received and noted.

PASSED



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12.3 Development Control Plan Amendment - Wiseman Road Seniors Living Development

Reference: 5700/70 Report Author: Coordinator Strategic Land Use Planning 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 seek a resolution of Council to exhibit draft Amendments to the Bowral Town Plan Development Control Plan, in relation to a proposed seniors living development at Wiseman Road, Bowral.


Councillors are required to record their votes on this matter.

Clr K J Halstead OAM returned to the meeting, the time being 05:38pm.

MN 517/19

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

1. THAT the draft Amendment to the Bowral Town Plan Development Control Plan (Attachment 1) be placed on public exhibition for a minimum period of 28 days, and

2. THAT the Development Control Plan be exhibited concurrently with the Planning Proposal to permit Seniors Living development on the site.


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

Against the motion: Nil

PASSED



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12.4 Request for a Refund of Development Fees by Robertson Men's Shed Inc.

Reference: 19/0955.03 Report Author: Senior Town Planner Authoriser: Group Manager Planning, Development and Regulatory

Services Link to Community Strategic Plan: Work collaboratively to address social disadvantage

PURPOSE The purpose of this report is to consider a request by the Robertson Men’s Shed Inc for a refund of s.4.55 Modification of Development Consent Fees pertaining to DA 19/0955.03, and a refund of s.68 fees pertaining to s.68 application 19/0955.04. As the application relates to a not for profit organisation, Council’s adopted revenue policy provides via Council resolution a partial refund of the development fees upon application. Refunds of fees for charitable and not for profit organisations are sourced from the Council Contingency Fund.

MN 518/19

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

THAT with regard to the request by Robertson Men’s Shed Inc for a refund of s.4.55 Modification of Development Consent Fees pertaining to DA 19/0955.03, and a refund of s.68 fees pertaining to s.68 application 19/0955.04, Council refund $387.12 being the full amount of the s.4.55 Modification of Development Consent fee amount by way of a donation sourced from the Council’s Contingency Fund.

PASSED



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12.5 Proposed 2020 Ordinary Council Meeting Dates

Reference: 100/1 Report Author: Administration Officer (Meetings) Authoriser: Group Manager Corporate and Community Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


PURPOSE To seek Council’s approval of proposed Ordinary Meeting dates for 2020.

MN 519/19

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

THAT the Ordinary Meeting dates for Council for 2020, with the time for commencement of the Meetings to remain at 3.30 pm, unless by prior arrangement, be as follows: Wednesday, 12 February 2020 Wednesday, 26 February 2020 Wednesday, 11 March 2020 Wednesday, 25 March 2020 Wednesday, 8 April 2020 Wednesday, 22 April 2020 Wednesday, 13 May 2020 Wednesday, 27 May 2020 Wednesday, 10 June 2020 Wednesday, 24 June 2020 Wednesday, 8 July 2020 Wednesday, 22 July 2020 Wednesday, 12 August 2020 Wednesday, 26 August 2020 *Wednesday, 23 September 2020 Wednesday, 14 October 2020 Wednesday, 28 October 2020 Wednesday, 12 November 2020 Wednesday, 26 November 2020 Wednesday, 9 December 2020 *Subject to the declaration of the newly elected Councillors being finalised.

PASSED



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13. GENERAL MANAGER

Nil

14. DELEGATE REPORTS

Nil

15. PETITIONS

Nil

16. COMMITTEE REPORTS

Nil



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17. QUESTIONS WITH NOTICE

17.1 Question with Notice 20/2019 - Mittagong Pool

Reference: 101/2, 6703/3 Report Author: Administration Officer (Meetings) Authoriser: Deputy General Manager Corporate, Strategy and

Development Services Link to Community Strategic Plan: An enhanced culture of positive leadership, accountability


To: General Manager

From: Clr Halstead OAM

Received: 4 November 2019

Subject: Mittagong Pool

MN 520/19

MOTION moved by Clr K J Halstead OAM and seconded by Clr I M Scandrett

THAT the information in relation to Question with Notice 20/2019 - Mittagong Pool - be noted.

PASSED



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17.2 Question with Notice 21/2019 - Council Compulsory Acquisition (Resumption) of Private Land

Reference: 101/2, 17/0816.09 Report Author: Administration Officer (Meetings) Authoriser: Deputy General Manager Corporate, Strategy and



To: General Manager

From: Clr Turland


The General Manager addressed Council on this item

Subject: Council Compulsory Acquisition (Resumption) of Private Land

MN 521/19

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

1. THAT the information in relation to Question with Notice 21/2019 – Council Compulsory Acquisition (Resumption) of Private Land - be noted.

2. THAT a report be brought back to Council in relation to DA17/0816.09 - Reekies Tyre Service, corner of Funston and Station Street on Condition 14 of the development application.

PASSED



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17.3 Question with Notice 22/2019 Signage and Outdoor Advertisement

Reference: 101/2, 7415 Report Author: Administration Officer (Meetings) Authoriser: Deputy General Manager Corporate, Strategy and



To: General Manager

From: Clr Turland


The Deputy General Manager Corporate Strategy and Development Services addressed Council on this item

Subject: Signage and Outdoor Advertisement

MN 522/19


1. THAT the information in relation to Question with Notice 22/2019 – Signage and Outdoor Advertisement - be noted.

2. THAT a report on the review of the signage provisions under Council’s DCPs be brought back to Council by 30 June 2020.

PASSED



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17.4 Question with Notice 23/2019 - Infrastructure Inspections




To: General Manager

From: Clr K Halstead OAM


Subject: Infrastructure Inspections

MN 523/19

MOTION moved by Clr K J Halstead OAM and seconded by Clr L A C Whipper

1. THAT the information in relation to Question with Notice 23/2019 – Infrastructure Inspections - be noted.

2. THAT Council develop a regime of regular inspections of road infrastructure throughout the Shire.

PASSED



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18. NOTICES OF MOTION

18.1 Notice of Motion 38/2019 - Merilbah Road Development Application




PURPOSE

Councillor Turland has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 13 November 2019:

Clr I M Scandrett left the chambers, the time being 06:08pm.

Clr I M Scandrett returned to the meeting, the time being 06:10pm.

MN 524/19

MOTION moved by Deputy Mayor G M Turland and seconded by Clr L A C Whipper

THAT Councillors have a briefing session on the matter of Nielsen v WSC, and adjoining neighbour in relation to DA 15/1164.

PASSED



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18.2 Notice of Motion 39/2019 - Council's Strategic Planning Day

Reference: 100/4, 5612 Report Author: Administration Officer (Meetings) Authoriser: Deputy General Manager Corporate, Strategy and



PURPOSE

Councillor Turland has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 13 November 2019.

The General Manager addressed Council on this item


THAT after Council’s Strategic Planning Day on the 6 November 2019 the General Manager

present a 15 minute presentation before the Council meeting on 27 November 2019 on

Council’s strategy and vision for next year and the next turn of Council 2020-2024 to the

public to understand the GM’s direction moving forward.

THE MAYOR CLR D GAIR RULED THAT HE WOULD NOT ALLOW THE ABOVE

NOTICE OF MOTION AT THIS TIME AS IT WAS OUT OF ORDER PURSUANT TO

SECTION 16.3 OF COUNCIL’S CODE OF MEETING PRACTICE.



Page | 30

MN 525/19

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

THAT the motion of dissent against the point of order be noted.

MOTION OF DISSENT PASSED

MN 526/19

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

THAT the original motion be resubmitted.

PASSED

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

THAT after Council’s Strategic Planning Day on the 6 November 2019 the General Manager present a 15 minute presentation before the Council meeting on 27 November 2019 on Council’s strategy and vision for next year and the next turn of Council 2020-2024 to the public to understand the GM’s direction moving forward.

MOTION LOST



Page | 31

19. CLOSED COUNCIL

MOVING INTO CLOSED SESSION

107/9

At this juncture, the time being 6.32 pm, Council moved into Closed Council.



Page | 32

MN 527/19

MOTION moved by Clr P W Nelson 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 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 results of the public Tender for the sale of 10 Frankland Street Mittagong.


Relevant Legal Provisions This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and 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 seek Council approval to negotiate compensation for the acquisition of land by agreement. The property the subject of this report is part Retford Farm, Old South Road, Bowral (being part Lot 50 DP 1141888). The purpose of the acquisition is to secure a site for a proposed future detention basin.

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

resolution) be made public.

PASSED



Page | 33




CONFIDENTIAL ITEM

This report is confidential in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

PURPOSE THIS ITEM WAS DEALT WITH BEFORE ITEM 19.1 Tender - Sale of 10 Frankland Street Mittagong The purpose of this report is to seek Council approval to negotiate compensation for the acquisition of land by agreement. The property the subject of this report is part Retford Farm, Old South Road, Bowral (being part Lot 50 DP 1141888). The purpose of the acquisition is to secure a site for a proposed future detention basin. The Deputy General Manager Operations Finance and Risk addressed Council on this item

MN 528/19

MOTION moved by Clr K J Halstead OAM and seconded by Clr P W Nelson

1. THAT the General Manager be delegated authority to make a formal offer to the

owner of Retford Farm, Old South Road, Bowral for the acquisition of the land known as part Lot 50 Deposited Plan 1141888 (“the land”) for drainage purposes in strict accordance with the revised formal valuation obtained by Council.

2. THAT it be noted that if an agreement is not reached with the owner of the land

within 42 days of the date of this resolution, Council proceed with the acquisition via the compulsory acquisition process in accordance with the resolutions of Council made on 14 June, 2017.

PASSED



Page | 34


Reference: PN556900 Report Author: Chief Financial Officer Authoriser: Deputy General Manager Operations, Finance and Risk Link to Community Strategic Plan: Effective financial and asset management ensure Council's


CONFIDENTIAL ITEM

This report is confidential in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)d(i) as it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

PURPOSE The purpose of this report is to present the results of the public Tender for the sale of 10 Frankland Street Mittagong. The Deputy General Manager Operations Finance and Risk addressed Council on this item

MN 529/19

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

1. THAT Council accept the tender from Willow Properties Pty Ltd and Paloma

Blanca in relation to RFT 6330/19.29 Sale of Land - Frankland Street Mittagong for Proposed Lot 2 and Proposed Lot 3 being part Lot 1 in Deposited Plan 109208.

2. THAT in respect to the sale of Proposed Lot 2 and Proposed Lot 3 being part Lot 1 in Deposited Plan 109208, authority be delegated to the General Manager and Mayor to execute the Contract for Sale of Land, Transfer and any other associated real property dealing under the Common Seal of the Council.

ON BEING PUT TO THE MEETING VOTING ON THE MOTION WAS TIED AT THREE VOTES ALL AND THEREFORE MAYOR GAIR USED HIS CASTING VOTE IN THE AFFIRMATIVE AND THE MOTION WAS PASSED

AMENDMENT moved by Deputy Mayor G M Turland and seconded by Clr L A C Whipper

THAT the matter be deferred to the meeting of 27 November 2019.

ON BEING PUT TO THE MEETING VOTING ON THE AMENDMENT WAS TIED AT THREE VOTES ALL AND THEREFORE MAYOR GAIR USED HIS CASTING VOTE IN THE NEGATIVE AND THE AMENDMENT WAS LOST



Page | 35




CONFIDENTIAL ITEM

This report is confidential in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

PURPOSE The purpose of this report is to seek Council approval to negotiate compensation for the acquisition of land by agreement. The property the subject of this report is part Retford Farm, Old South Road, Bowral (being part Lot 50 DP 1141888). The purpose of the acquisition is to secure a site for a proposed future detention basin.

THIS MATTER WAS DEALT WITH ON PAGE 33, MN528/19



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20. RESUMPTION OF OPEN AGENDA

107/10

MN 530/19


THAT Council moves from Closed Council into Open Council.

PASSED

No members of the public were present in the Chamber. The recording and live streaming of the meeting recommenced and all present were reminded that the meeting was being recorded and live streamed via the internet for public viewing.

ADOPTION OF CLOSED COUNCIL

107/9

MN 531/19


THAT the recommendations of the Closed Council held on Wednesday, 13 November 2019 being MN 527/19 to MN 528/19 be adopted.

PASSED

The General Manager read out the adopted Motions from Closed Council.



Page | 37

21. MEETING CLOSURE

THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 7.10 PM In accordance with the provisions of Section 375(2) of the Local Government Act, these Minutes of the Ordinary Council Meeting held Wednesday 13 November 2019 numbered M/N 503/19 to M/N 530/19 were signed by me hereunder at the Council Meeting held on Wednesday 27 November 2019.

CHAIRMAN

READ AND CONFIRMED ON WEDNESDAY 27 NOVEMBER 2019

CHAIRMAN PUBLIC OFFICER

Documents

Minutes of Ordinary Meeting of Council - 13 November 2019 · MINUTES OF THE ORDINARY MEETING OF COUNCIL Wednesday 13 November 2019 Page | 4 4. APOLOGY PERS MOTION moved by Clr P W