minutes of ordinary meeting of council - 8 june 2016

MINUTES

of the

Ordinary Meeting of Council

held in

Council Chambers

Civic Centre, Elizabeth Street, Moss Vale

on

Wednesday 8 June 2016

Wednesday 31 The meeting commenced at 3.30 pm

File No. 100/2016

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 25 May 2016

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

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

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

Nil .............................................................................................................. 4

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

COMMITTEE OF THE WHOLE

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

OPERATIONS

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

CORPORATE & STRATEGY

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

11. EN BLOC MOTION ........................................................................................ 9

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

12. OPERATIONS FINANCE & RISK .................................................................10

12.1 Acquisition of Land for Road Widening - Part Lot 6 DP 632169, 120 Nowra Road Moss Vale and Part Lot 30 DP 649885, 404 Yarrawa Road Moss Vale ...................................................................................10

12.2 Australian Government 2016 Black Spot Program: Successful Projects ................................................................................................12

12.3 Bong Bong Street and Merrigang Street Traffic Signals - Parking Changes ...............................................................................................13

13. CORPORATE STRATEGY & DEVELOPMENT SERVICES .........................15

13.1 Adoption of the 2016/17 Operational Plan (Including Budget & Revenue Policy) ...................................................................................15

13.2 Development Applications Determined 22 April 2016 to 22 May 2016 ..18

13.3 Development Applications Received 22 April 2016 to 22 May 2016 ......19

13.4 LUA04/0411.03 - Section 96 Modification to approved Seniors Living Development 1-3 Hurlingham Avenue, Burradoo ..................................21

13.5 Chelsea Gardens Coomungie Urban Release Area ..............................23



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MAYOR RESUMES THE CHAIR

QUESTIONS FROM THE PUBLIC

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

13.6 Request from the Southern Highlands Global Association Inc for use of Council Logo .....................................................................................27

14. GENERAL MANAGER ..................................................................................28

Nil .............................................................................................................28

15. DELEGATE REPORTS .................................................................................29

Nil .............................................................................................................29

16. PETITIONS ....................................................................................................30

16.1 Petition 04/2016 - Our Village Our Future - Ratepayer Opposition to the Robertson .......................................................................................30

17. CORRESPONDENCE FOR ATTENTION ......................................................31

Nil .............................................................................................................31

18. COMMITTEE REPORTS ...............................................................................32

18.1 Management and Advisory Committee Reports ....................................32

18.2 Minutes of the Heritage Committee Meeting held on Friday, 8 April 2016 .....................................................................................................33

18.3 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016 ...............................................................35

18.4 Minutes of the Arts & Culture Committee Meeting held on Monday, 2 May 2016 ..............................................................................................37

19. QUESTIONS WITH NOTICE .........................................................................38

19.1 Question with Notice 07/2016 - Lehman Bros .......................................38

20. NOTICES OF MOTION ..................................................................................39

20.1 Notice of Rescission of Motion 04/2016 - Item 13.3 - Council Poll 2016 .....................................................................................................39

20.2 Notice of Motion 12/2016 - Village Walking Tracks ...............................40

20.3 Notice of Motion 13/2016 - Accommodation for the Highlands Theatre Group ......................................................................................41

20.4 Notice of Motion 14/2016 - Vacant Land at Frankland Street, Mittagong ..............................................................................................42

21. GENERAL BUSINESS ..................................................................................43

22. CLOSED COUNCIL.......................................................................................44

Moving into Closed Session ...........................................................................44

22.1 Question with Notice 07/2016 - Lehman Bros .......................................45

Resumption of Open Council .........................................................................46

Adoption of Closed Council ............................................................................46



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23. ADOPTION OF COMMITTEE OF THE WHOLE ............................................46

24. MEETING CLOSURE ....................................................................................47



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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 JUNE 2016 COMMENCING AT 3.30 PM

Present: Clr L A C Whipper (Mayor – in the Chair)

Clr J G Arkwright Clr H R Campbell Clr J R Clark Clr T D Gair Clr G McLaughlin Clr I M Scandrett Clr G M Turland Clr J Uliana

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 Integrated Planning & Reporting Coordinator (in part) Ms Danielle Lidgard Administration Officer Ms Liz Johnson

1. OPENING OF THE MEETING The Mayor Clr L A C Whipper opened the meeting and welcomed members of the public and the press.

2. ACKNOWLEDGEMENT OF COUNTRY The Mayor Clr L A C 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.”

3. PRAYER

The meeting was led in prayer by Reverend Matthew Brooks-Lloyd of St Stephens Anglican Church, Mittagong.



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4. APOLOGY There were no apologies at this Meeting.

5. CONFIRMATION OF MINUTES

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY, 25 MAY 2016

100/1

MN 261/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr T D Gair THAT the minutes of the Ordinary Meeting of Council held on Wednesday, 25 May 2016 MN 235/16 to MN 260/16 inclusive, copies of which were forwarded to Councillors, be adopted as a correct record of the proceedings of the meeting. PASSED

6. BUSINESS ARISING 1. ITEM 14.1 - LEGAL AFFAIRS 107/22 Clr G M Turland advised that there is a problem with the maths in the costs reported in the Legal Affairs report on Wednesday 27 April 2016 for the KFC and Woolworths developments and in the report on 25 May 2016. The General Manager advised that there will be a Legal Affairs report at the next Meeting on Wednesday, 22 June 2016 when these figures will be reported. She suggested that Clr Turland forward a request to her and it can be referred to the General Counsel for clarification. Clr Turland asked if the Legal Affairs report can include a section for budget cost. Clr T D Gair suggested that Clr Turland should put this matter forward as a Notice of Motion.



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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. There were no Declarations of Interest at this Meeting.



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8. MAYORAL MINUTES

There were no Mayoral Minutes at this Meeting.



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9. PUBLIC FORUM

1890/3.4 ITEM 16.1 – PETITION 04/2016 - OUR VILLAGE OUR FUTURE - RATEPAYER OPPOSITION TO THE ROBERTSON "INFORMATION KIOSK" Mr Donald Dyer, representing the Robertson Shed Inc, requested and was granted approval to speak on this matter which is listed on the Agenda.

PN1682700, PN1705662, 5901/5

ITEM 13.5 - CHELSEA GARDENS COOMUNGIE URBAN RELEASE AREA Mr Alan Hunt requested and was granted approval to speak on this matter which is listed on the Agenda. The Mayor Clr L A C Whipper thanked Mr Dyer and Mr Hunt for their comments and noted that the matters will be considered later in the meeting.



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COMMITTEE OF THE WHOLE

107/10

MN 262/16

MOTION moved by Clr G McLaughlin and seconded by Deputy Mayor I M Scandrett 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 J R Clark to take the Chair.



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10. VISITOR MATTERS

OPERATIONS

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



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CORPORATE & STRATEGY

There were no Visitor Matters – Corporate & 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 & RISK

12.1 Acquisition of Land for Road Widening - Part Lot 6 DP 632169, 120 Nowra Road Moss Vale and Part Lot 30 DP 649885, 404 Yarrawa Road Moss Vale

Reference: PN1050000, PN1703334 Report Author: Acting Property & Projects Officer Authoriser: Senior Property Officer Link to Corporate Plan: Ensure systems and processes are in place to achieve

mutual trust and collaboration

PURPOSE The objective of this report is to gain Council approval to acquire land for road widening being part Lot 6 Deposited Plan 632169, 120 Nowra Road Moss Vale and part Lot 30 Deposited Plan 649885, 404 Yarrawa Road Moss Vale.



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MN 263/16

MOTION moved by Clr T D Gair and seconded by Deputy Mayor I M Scandrett 1. THAT the General Manager be delegated authority to negotiate with the Owners

of Lot 6 Deposited Plan 632169 and Lot 30 Deposited Plan 649885 for the acquisition of part of the Land known as Lot 6 DP 632169, 120 Nowra Road Moss Vale and part Lot 30 DP 649885, 404 Yarrawa Road Moss Vale (‘the Land’) for the purpose of road widening.

2. THAT if the acquisition referred to in Resolution 1 cannot be negotiated by

agreement, Council resolves to:

(a) acquire the Land by compulsory acquisition under Sections 186 and 187 of the Local Government Act 1993 (NSW) and in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991;

(b) approve the making of an application to the Minister of Local Government

for the issue of a proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1993 (NSW) with respect to the Land AND THAT Council request the Minister for Local Government approve a reduction in the notification period from ninety (90) days to sixty (60) days.

(c) approve the making of an application to the Governor for the publication of

an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1993 (NSW) with respect to the Land;

(d) affix the Common Seal of Council to any documents required to be sealed

as part of the compulsory acquisition process for the Land in question and delegate authority to the Mayor and General Manager to execute those documents;

(e) delegate authority to the General Manager to execute on behalf of Council

any documents associated with the compulsory acquisition process that does not require the Common Seal of Council.

PASSED



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12.2 Australian Government 2016 Black Spot Program: Successful Projects

Reference: 7806/1 Report Author: Road Safety Officer 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 road reserves to include provision for safe walking and cycling

PURPOSE Reporting on successful Australian Government 2016 Black Spot Program projects approved for Wingecarribee Shire Council. The General Manager addressed Council on this matter.

MN 264/16

MOTION moved by Mayor L A C Whipper and seconded by Clr J G Arkwright 1. THAT successful 100% funding notification for four black spot projects, at a

total value of $1,051,780 for Wingecarribee Shire Council be received and noted. 2. THAT the four black spot projects be included in the 2016–17 Capital Works

Program and Operational Plan. PASSED



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12.3 Bong Bong Street and Merrigang Street Traffic Signals - Parking Changes

Reference: 7456, 7460/8.1 Report Author: Transportation Planning Engineer Authoriser: Manager Assets Link to Corporate Plan: Provide safe and efficient road, cycle and where


PURPOSE The Roads and Maritime Services have requested that the Traffic Committee endorse, and Council resolve, to support parking changes to meet statutory and capacity requirements at the Bong Bong Street and Merrigang Street intersection at Bowral to enable the commissioning of the signals under construction which is scheduled for 15 June 2016. The parking changes require that three (3) car parking spaces be removed and that two (2) existing car parking spaces be signposted as a “Loading Zone” (see Attachment 2). It is advised that one (1) tree will be removed on Bong Bong Street (see Attachment 5). The Deputy General Manager Operations, Finance & Risk addressed Council on this matter.



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MN 265/16

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

1. THAT Council accepts the parking restriction changes and signage at the

intersection of Bong Bong Street and Merrigang Street which are required to meet statutory requirements for parking at traffic signalised intersections.

2. THAT Council does not accept the provision of a “Loading Zone” on Merrigang

Street at the north east corner of the intersection, instead retaining the two (2) existing car parking spaces.

3. THAT Council accepts the removal of three (3) car parking spaces required to

meet statutory and capacity requirements for the traffic signals at Bong Bong Street and Merrigang Street.

4. THAT Council accepts the removal of one (1) tree on Bong Bong Street (south

west corner of the Bong Bong Street and Merrigang Street intersection) which is required to ensure clear approach sight lines to the proposed signal lanterns over the long term.

5. THAT Council write formally to the Roads & Maritime Services (RMS), the NSW

Minister for Roads and the Local and State Members of Parliament requesting that the RMS improve their level of communication and engagement with Council.

6. THAT Council does not support the retention of the vehicular access on the

north eastern corner of Bong Bong Street servicing the adjoining property. PASSED



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13. CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Adoption of the 2016/17 Operational Plan (Including Budget & Revenue Policy)

Reference: 501 Report Author: Integrated Planning & Reporting Coordinator Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to advise Council of the outcome of its application to the Independent Pricing and Regulatory Tribunal (IPART) for a Special Rate Variation to fund the Investing in our Future project and to adopt the following:

The 2016/17 Operational Plan, which includes the 2016/17 Budget,

The 2016/17 Revenue Policy (including the Fees and Charges Schedule)

A Special Rate Variation comprising of a 8.55% increase in General Revenue (including 1.80% rate peg) as determined by the Independent Pricing and Regulatory Tribunal.

As required under the Local Government Act, Council is also required to resolve the following:

Making and levying the rates and annual charges for 2016/17,

Authorisation of expenditure and voting of money for the 2016/17 Budget.

The Group Manager Corporate and Community, General Manager, Chief Financial Officer and Deputy General Manager Corporate, Strategy & Development Services addressed Council on this matter.

Clr H R Campbell left the chambers, the time being 5.03 pm and returned to the meeting, at 5:06 pm.



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MN 266/16

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

THAT Council: 1. Adopt the 2016/17 Operational Plan, Budget, Revenue Policy, Fees and Charges

and Unfunded Priorities List (including the changes outlined within this report). 2. Adopt the 2016/17 Budget and Revenue Policy AND THAT the funds to cover the

2016/17 Budget be voted. 3. Approve the funding for a Tree/Vegetation Management Officer with funding to

be sourced from the 2016/17 Budget and the Environment Levy (subject to confirmation with the Environment and Sustainability Committee).

4. Adopt an 8.55% rate increase under Section 508(A) of the Local Government

Act, 1993, in accordance with the Special Rate Variation approved by the Independent Pricing and Regulatory Tribunal (IPART) for the Investing in Our Future project.

5. Make and levy the following ad valorem and minimum rates for the 2016/17

financial year (the period 1 July 2016 to 30 June 2017)

Category Sub Category Ad Valorem Minimum

Residential Ordinary 0.0040417 $874.39

Residential Renwick 0.0044459 $874.39

Business Ordinary 0.0075880 $874.39

Farmland - 0.0023650 $1,277.74

Mining Ordinary 0.0116450 $874.39

Mining Coal Rights Only 0.0020200 -

6. Make and levy a special rate of 0.0000700 cents in the dollar subject to a base

rate in accordance with Section 537 of the Local Government Act, 1993 of $26.30 per assessment on all rateable land for all rating categories for the 2016/17 financial year, noting that this special rate is referred to as Wingecarribee Our Future Environment Special Rate.

7. Make and levy the annual charges for domestic waste management services in

accordance with Section 496 of the Local Government Act, 1993 for the 2016/17 financial year as outlined within the Revenue Policy.

8. Make and levy the annual charges for stormwater management services in

accordance with Section 496A (1) of the Local Government Act, 1993 for the 2016/17 financial year as outlined within the Revenue Policy.

9. Adopt the rate permitted by the Minister for Local Government for the allowable

interest rate on overdue rates of 8.00%. 10. Write to formally thank those who made submissions.



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11. Acknowledge and thank Council staff for their efforts in the preparation of the

application to IPART for the Special Rate Variation and in the presentation of this report.

PASSED



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13.2 Development Applications Determined 22 April 2016 to 22 May 2016

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

Services 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 update Councillors on development applications determined in the period 22 April 2016 to 22 May 2016

MN 267/16

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

1. THAT the information relating to the list of development applications

determined be received and noted. 2. THAT further information be provided to Councillors in the Weekly Circular in

relation to the following items:

(a) No 12 – Demolish Existing Police Station and Construction of a New 2 Storey Police Station, Police Station & Residence, 67 Elizabeth Street, Moss Vale (Lot 1 DP 198566).

(b) No 24 – 64 Bed Residential Care Facility, Anthem, 21-23 Retford Road, Bowral (Part Lot 1 DP 1105017).

PASSED



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13.3 Development Applications Received 22 April 2016 to 22 May 2016

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

Services 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 update Councillors on development applications received in the period 22 April 2016 to 22 May 2016



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MN 268/16

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

1. THAT the information relating to the list of development applications received be received and noted.

2. THAT the following items be referred to Council for determination:

(a) Item No 26 - Change of Use (Residential to Dental Surgery), 8 Mona Road, Bowral (Lot 3 DP 210268).

(b) Item No 74 – 75 Cluster Houses, 50 Erith Street, Bundanoon (Lot 2 DP 533191).

3. THAT further information be provided to Councillors via the Weekly Circular on the following items:

(a) Item No 2 – Section 96 Modification (window and door changes), 12A

Shepherd Street, Bowral (Lot 1 DP 855557). (b) Item No 20 – 5 Lot Strata Subdivision, 39-41 Tyndall Street, Mittagong (Lot

1 DP 619081). (c) Item No 26 - Change of Use (Residential to Dental Surgery), 8 Mona Road,

Bowral (Lot 3 DP 210268). (d) Item No 37 – Dual Occupancy, 161 Oxley Drive, Mittagong (Lot 15 DP

15496). (e) Item No 41 – Dual Occupancy, 2-6 Ebony Place, Colo Vale (Lot 1 DP

792443). (f) Item No 44 – 10 Lot Residential Subdivision, 33 Willow Street, Willow Vale

(Lot 1 DP 624516). (g) Item No 45 – Outbuildings (shed and open arena), 91 Aylmerton Road,

Aylmerton (Lot 1 DP 749039, Lot 2 DP 749039). 4. THAT the following item be included on the next inspection list:

(a) Item No 49 – 21 Lot Subdivision, 39-45 Beaconsfield Road, Moss Vale (Lot 6 DP 749390).

PASSED



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13.4 LUA04/0411.03 - Section 96 Modification to approved Seniors Living Development 1-3 Hurlingham Avenue, Burradoo

Reference: LUA04/0411.03 Report Author: Senior Town Planner Authoriser: Acting Team Leader Town Planning Applicant: Alison Stephens Owner: KC & PD Levett Link to Corporate Plan: Provide housing options in all towns and villages that will

enable residents to age in their communities

PURPOSE A section 96(2) modification application, being LUA04/0411.03, seeking consent to modify an approved 10 dwelling seniors living development to become a 12 dwelling seniors living development at 1 – 3 Hurlingham Avenue, Burradoo, was presented to Council at its meeting of 25 May 2016. At that meeting, it was resolved: 1. THAT this matter be deferred to the Ordinary Meeting of Council to be held on

Wednesday, 8 June 2016. 2. THAT Council meet with the applicant and objectors in an endeavour to resolve the

issues outlined by the objectors. Council officers met with the applicant and objectors on Wednesday 1 June 2016. Additional time is required to enable the applicant to consider issues raised by objectors. Therefore, it is anticipated that a further report to Council will be prepared for the meeting of 22 June 2016 or 13 July 2016.

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

Clr J Uliana left the chambers, the time being 5.11 pm.

The Mayor L A C Whipper left the chambers, the time being 5.12 pm.

VOTING ON THE MOTION

Councillors are required to record their votes on this matter.



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MN 269/16

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

THAT s.96(2) modification application 04/0411.03 which seeks consent to modify an approved 10 dwelling Seniors Living development to become a 12 dwelling Seniors Living development at 1 – 3 Hurlingham Avenue, Burradoo be presented to Council on Wednesday, 22 June 2016 or Wednesday, 13 July 2016. PASSED


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

Against the Motion: Nil



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13.5 Chelsea Gardens Coomungie Urban Release Area

Reference: PN1682700, PN1705662, 5901/5 Report Author: Acting Strategic Planning Team Leader/Coordinator Authoriser: Group Manager Planning, Development & Regulatory

Services Link to Corporate Plan: Retain the rural landscape between towns and villages

PURPOSE To report to Council on the response from the Department of Planning and Environment regarding Council’s request to not proceed with the Planning Proposal to rezone the Chelsea Gardens/Coomungie Urban Release Area to R2 Low Density Residential and apply a minimum lot size of 450m2. Interest: Clr T D Gair declared a less than significant non-pecuniary interest in this matter as he has known one of the applicants for approximately 50 years but has had no personal contact and has not physically seen the applicant for at least 4 years. He remained in the chamber, took part in the debate and voted on the matter. Interest: Clr G M Turland handed up a declaration of interest form declaring a less than significant non-pecuniary interest in this matter as he has known one of the applicants as they have both grown up in the district and he has played rugby with one of the family members. He remained in the chamber, took part in the debate and voted on the matter.

Clr J G Arkwright left the chambers, the time being 5.12 pm.

MN 270/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr L A C Whipper THAT Council advise the Department of Planning and Environment that it continues to not support the Planning Proposal to rezone the Chelsea Gardens/Coomungie Urban Release Area to R2 Low Density Residential and apply a minimum lot size of 450m2. PASSED

Clr J Uliana returned to the meeting, the time being 5.15 pm.

Mayor L A C Whipper returned to the meeting, the time being 5.16 pm.

Clr J G Arkwright returned to the meeting, the time being 5.16 pm.

The General Manager left the Meeting at 5.29 pm and returned at 5.42 pm.



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

Against the Motion: Clr T D Gair, Clr G McLaughlin and Clr G M Turland

FORESHADOWED MOTION moved by Clr T D Gair

1. THAT Council advise the Department of Planning and Environment that it supports the Planning Proposal to rezone the Chelsea Gardens/Coomungie Urban Release Area to R2 Low Density Residential and apply a minimum lot size of 450m2.

2. THAT prior to any determination by the Department, additional studies be undertaken

particularly regarding potential traffic, water and sewer infrastructure impacts of the proposed development and how they will be addressed by the State Government.

3. THAT the percentage of 450m2 blocks be consistent with other approved subdivisions

within the Shire. 4. THAT Council does not support access via Villiers Road and Hill Street. 5. THAT there be a comprehensive Flood Study undertaken to support this development.

IT WAS NOTED THAT CLR GAIR’S FORESHADOWED MOTION ARISING WAS NOT PURSUED



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MAYOR RESUMES THE CHAIR

MN 271/16

MOTION moved by Clr T D Gair and seconded by Mayor L A C Whipper

THAT Council move from Committee of the Whole back into Council, the time being 6.10 pm with the Mayor Clr L A C Whipper resuming the Chair to conduct the remainder of Council Business. PASSED



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QUESTIONS FROM THE PUBLIC

There were no Questions from the Public at this Meeting.



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13.6 Request from the Southern Highlands Global Association Inc for use of Council Logo

Reference: 1600/9 Report Author: Deputy General Manager Corporate, Strategy &

Development Services Authoriser: Deputy General Manager Corporate, Strategy &

Development Services Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The Southern Highlands Global Association (SHGA) is proposing to investigate the establishment of an association with cities, towns, regions in Australia and overseas for the furtherance of the cultural, tourism, commercial and educational connections with the Wingecarribee Shire district. The SHGA are seeking Council’s approval to use Council’s logo on promotional material. The report recommends that Council support the request.

MN 272/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr G McLaughlin THAT the request by the Southern Highlands Global Association to use Council’s logo on its published material and correspondence along with the statement “endorsed by Wingecarribee Shire Council” be supported, subject to Council approval on a case by case request. PASSED



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14. GENERAL MANAGER

There were no General Manager’s 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 04/2016 - Our Village Our Future - Ratepayer Opposition to the Robertson "Information Kiosk"

Reference: 1890/3.4 Report Author: Group Manager Corporate & Community Authoriser: Deputy General Manager Corporate, Strategy &

Development Services Link to Corporate Plan: Leverage and network what we have that is good and

working well in a particular field to establish core working groups that with Council collaboration and support, will provide leadership, coordinated planning and funding

PURPOSE The purpose of this report is to table a petition ‘Our Village Our Future’ – Ratepayer Opposition to the Robertson ‘Information Kiosk’. The petition was received on Wednesday 1 June 2016 with 72 signatures and lodged by Mr David Wallace. The petitioners object to the Our Village Our Future Robertson ‘seed funding’ project – Community Information Board. A copy of the Petition has been placed in the Councillors’ Room and will be tabled at the Ordinary Meeting of Council.

MN 273/16

MOTION moved by Clr J Uliana and seconded by Clr T D Gair 1. THAT Petition 04/2016 – Our Village Our Future – Ratepayer Opposition to the

Robertson “Information Kiosk” - be received and the content of this report be noted.

2. THAT Council write to the signatories to the Petition suggesting that the

signatories meet with Council in an informal information session to discuss Our Village Our Future and the vision of the community group in relation to the building of the Information Kiosk, which Council supports.

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: 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. Wingello Mechanics Institute Hall Management Committee held on Monday, 14 March 2016.

2. Bong Bong Common Management Committee held on Tuesday, 15 March 2016. 3. Penrose Hall Management Committee held on Wednesday, 16 March 2016. 4. Mittagong Memorial Hall Management Committee held on Thursday, 7 April 2016. 5. Mittagong Community Centre Management Committee held on Thursday, 21 April

2016.

MN 274/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr J Uliana

THAT the information contained in the following Committee Reports be noted: 1. Wingello Mechanics Institute Hall Management Committee held on Monday,

14 March 2016. 2. Bong Bong Common Management Committee held on Tuesday, 15 March 2016. 3. Penrose Hall Management Committee held on Wednesday, 16 March 2016. 4. Mittagong Memorial Hall Management Committee held on Thursday, 7 April

2016. 5. Mittagong Community Centre Management Committee held on Thursday,

21 2016. PASSED



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18.2 Minutes of the Heritage Committee Meeting held on Friday, 8 April 2016

Reference: 107/16 Report Author: Strategic Planner - Heritage Authoriser: Acting Strategic Planning Team Leader/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 Heritage Committee Meeting held on Friday, 8 April 2016.

Deputy Mayor I M Scandrett left the chambers, the time being 6.26 pm.

SUMMARY OF RECOMMENDATIONS AND ACTIONS FOR COUNCILLORS’ ATTENTION AND ADOPTION Item 5.2 Update on 23 Purcell Street, Bowral HC 15/16 THAT the report be noted and that Anne Mackay will advise whether there is a condition in the consent to allow the AGHS and the SHBG to remove plant material from the site before development commences. Item 5.3 Heritage Committee DA Referral Process HC 16/16 THAT the Committee notes that there is a need to refine the types of developments that are referred to it and for there to be greater consistency and requests that the Strategic Planner - Heritage draft a list of potential developments that should be referred to the Committee for discussion at the next meeting Item 6 General Business 1. 5 Church Street, Bowral HC 20/16 THAT the Committee will provide additional detailed comments to Anne Mackay to coordinate a response to the assessing officer by Wednesday 13 April 2016.



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2. Proposed Listing of Berrima on State Heritage Register HC 21/16 THAT the Committee supports the preparation of a nomination of Berrima Village and surrounds to the State Heritage Register and requests the input of the community to assist in preparing the nomination.

MN 275/16

MOTION moved by Clr J R Clark and seconded by Clr T D Gair THAT recommendations Nos HC 13/16 to HC 21/16 – as detailed in the Minutes of the Heritage Committee Meeting held on Friday, 8 April 2016 be adopted, save for any items which have budgetary implications AND THAT any item with budgetary implications and which is unfunded, be referred to the Finance Committee for consideration. PASSED



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18.3 Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016

Reference: 107/25 Report Author: Natural Resource Project Coordinator Authoriser: Manager Environment & Sustainability Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE This report provides the Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016.

SUMMARY OF RECOMMENDATIONS AND ACTIONS FOR COUNCILLORS’ ATTENTION AND ADOPTION Item 5.2 Ellsmore Road Update ES 11/16 1. THAT the Committee endorses the replanting schedule for Ellsmore Road proposed in

this report. 2. THAT a media release be prepared in relation to what has been done with the

replacement of trees and protection of habitat on Ellsmore Road. 3. THAT the issue of ratio for the planting process and replacement and offset policy be

listed for the next Committee meeting. Item 5.3 2016/17 Community Assistance Scheme – Environment Project Funding Stream ES 1/16 THAT the Committee endorses the recommendations made in relation to the Environmental Project applications under the Wingecarribee Community Assistance Scheme. Item 5.4 Mount Gibraltar Greater Glider Population Management ES 13/16 1. THAT the report on Mount Gibraltar Greater Glider Population Management be noted

AND THAT the writer of the report be thanked for the excellent report. 2. THAT consideration be made by staff in relation to specific fauna habitat funding

stream AND THAT the matter be brought back to the Committee for consideration.



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Item 5.6 Agency Program Updates MN 15/16 1. THAT the Agency Program Update be noted. 2. THAT the Environment and Sustainability Committee endorse the need for a more in

depth consultation in relation to the proposed Local Land Services boundary adjustment AND THAT these representations include a Meeting with the Minister for Primary Industry.

3. THAT the Committee notes that there are a number of concerns around this matter

including:

funding for this area being lost in an attempt to prop up losses in the Greater Sydney Region

the potential loss of levels of services and the desire for a high level commitment that service levels will be maintained

importance of maintaining an office in Moss Vale

importance of LLS maintaining representation on Council’s Environment and Sustainability Committee

Item 5.7 Matters Arising from Council Meetings MN 16/16 1. THAT the update on Matters Arising from Council Meetings be noted. 2. THAT greater consideration be made at the flood study stage to incorporate future

proposed revegetation works on the floodplain into the flood model to assist Council and other stakeholders achieve improved environmental outcomes within the flood risk management process.

Item 6 General Business 1. Proposed Public Art MN 18/16 THAT in relation to the proposal on the concept of environmental public art works the Committee provides in principle support for consideration of the matter by the Arts & Culture Committee AND THAT if the project proceeds further it be brought back to the Committee for further consideration.

MN 276/16

MOTION moved by Mayor L A C Whipper and seconded by Clr J R Clark THAT recommendations Nos ES 8/16 to ES 18/16 – as detailed in the Minutes of the Environment & Sustainability Committee Meeting held on Wednesday, 20 April 2016 be adopted, save for any items which have budgetary implications AND THAT any item with budgetary implications and which is unfunded, be referred to the Finance Committee for consideration. PASSED



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18.4 Minutes of the Arts & Culture Committee Meeting held on Monday, 2 May 2016

Reference: 1660/1.1 Report Author: Acting Community Development Coordinator Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Foster community participation

PURPOSE This report provides the Minutes of the Arts & Culture Committee Meeting held on Monday, 2 May 2016.

SUMMARY OF RECOMMENDATIONS AND ACTIONS FOR COUNCILLORS’ ATTENTION AND ADOPTION Item 3.1 Assessment of Arts and Culture Related Applications to the 2016/17

Wingecarribee Community Assistance Scheme ACC 12/16 THAT the recommendations for funding in relation to Arts and Culture related Grant Applications with a High rating (10) and Donation Requests with a High rating (3) to the 2016/17 Wingecarribee Community Assistance Scheme be accepted AND THAT these applications and requests be referred to the Community Assistance Scheme Committee for final determination.

MN 277/16

MOTION moved by Clr J G Arkwright and seconded by Clr J Uliana THAT recommendations Nos ACC 11/16 to ACC 12/16 – as detailed in the Minutes of the Arts & Culture Committee Meeting held on Monday, 2 May 2016 be adopted, save for any items which have budgetary implications AND THAT any item with budgetary implications and which is unfunded, be referred to the Finance Committee for consideration. PASSED



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19. QUESTIONS WITH NOTICE

19.1 Question with Notice 07/2016 - Lehman Bros

Reference: 101/2, 502/101 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


To: General Manager

From: Clr Juliet Arkwright

Received: 1 June 2016

Subject: Lehman Bros

Question:

Will the Deputy General Manager, Mr Barry Paull, please give Council an urgent update, in Closed Council, if required, as to the distribution of funds resulting from the successful legal case again Lehmans Australia.

Response:

An update on the status of this matter will be provided in Closed Council.

MN 278/16

MOTION moved by Clr J G Arkwright and seconded by Clr J R Clark THAT Question with Notice 07/2016 – Lehman Bros - be referred to Closed Council to provide an update to Councillors. 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.

No representations or objections were received.



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20. NOTICES OF MOTION

20.1 Notice of Rescission of Motion 04/2016 - Item 13.3 - Council Poll 2016

Reference: 100/5, 105, 5305/11, 5704 Report Author: Integrated Planning & Reporting Coordinator Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Councillors Garry Turland, Holly Campbell and Ian Scandrett have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 8 June 2016: THAT the following Motion passed by Council on Wednesday, 11 May 206 – being Item No 13.3 – Council Poll 2016 - Minute No 221/16 – be rescinded:

THAT Council not proceed with the Community Poll in conjunction with the 2016 Local Government Election seeking the community’s views on support for coal mining in the Shire.

Deputy Mayor I M Scandrett returned to the meeting, the time being 6.31 pm.

The Group Manager Corporate and Community addressed Council on this matter. The General Manager left the Meeting at 6.37 pm and returned at 6.45 pm.

MN 279/16

MOTION moved by Clr G M Turland and seconded by Clr H R Campbell THAT the following Motion passed by Council on Wednesday, 11 May 2016 – being Item No 13.3 – Council Poll 2016 - Minute No 221/16 – be rescinded:

THAT Council not proceed with the Community Poll in conjunction with the 2016 Local Government Election seeking the community’s views on support for coal mining in the Shire.

LOST



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20.2 Notice of Motion 12/2016 - Village Walking Tracks

Reference: 100/4, 6880 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Provide safe and efficient road, cycle and where


PURPOSE Councillor Larry Whipper has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 8 June 2016: 1. THAT a report be prepared on policy options relating to village walking tracks using

existing public road reserves, for consideration by Council. 2. THAT the report include:

(a) Action that Council could take to prevent the closure and sale of these public assets prior to evaluation for use as a local walking track.

(b) Establishment of local place-based working groups to foster the development and maintenance of the tracks.

(c) Consideration for the tracks to be low key with styles and marker posts for way finding.

MN 280/16

MOTION moved by Mayor L A C Whipper and seconded by Clr G McLaughlin 1. THAT a report be prepared on policy options relating to village walking tracks

using existing public road reserves, for consideration by Council. 2. THAT the report include:

(a) Action that Council could take to prevent the closure and sale of these public assets prior to evaluation for use as a local walking track, where appropriate.

(b) Establishment of local place-based working groups to foster the development and maintenance of the tracks.

(c) Consideration for the tracks to be low key with styles and marker posts for way finding.

PASSED



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20.3 Notice of Motion 13/2016 - Accommodation for the Highlands Theatre Group

Reference: 100/4, 1660/33 Report Author: Senior Property Officer Authoriser: Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Councillors John Uliana and Larry Whipper have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 8 June 2016: THAT a report be brought to Council for determination at its Meeting of Wednesday, 13 July 2016 in relation to the use of land adjacent to the Welby Hall adjacent to the oval to accommodate the Highlands Theatre Group.

MN 281/16

MOTION moved by Clr J Uliana and seconded by Deputy Mayor I M Scandrett THAT a report be brought to Council for determination at its Meeting of Wednesday, 13 July 2016 in relation to the use of land adjacent to the Welby Hall adjacent to the oval to accommodate the Highlands Theatre Group. PASSED



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20.4 Notice of Motion 14/2016 - Vacant Land at Frankland Street, Mittagong

Reference: 100/4, PN556900 Report Author: Senior Property Officer Authoriser: Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Councillors John Uliana and Larry Whipper have given notice that it is their intention to move the following motion at the Ordinary Meeting of Council on 8 June 2016: THAT consequent to Council’s previous resolutions, the vacant land at Frankland Street, Mittagong, being a site area of 6.7 hectares including a commercial component of 2.3 hectares adjoining Mittagong Market Place, etc, be put to public auction during July 2016. The Deputy General Manager Operations, Finance & Risk and General Manager addressed Council on this matter.

MN 282/16

MOTION moved by Clr J Uliana and seconded by Mayor L A C Whipper 1. THAT consequent to Council’s previous resolutions, the vacant land at Frankland

Street, Mittagong, being a site area of 6.7 hectares including a commercial component of 2.3 hectares adjoining Mittagong Market Place, etc, be put to public auction during July 2016.

2. THAT a briefing session be held for all Councillors to attend to review the report from

CBRE before Wednesday, 22 June 2016. LOST

MOTION moved by Clr G M Turland and seconded by Clr G McLaughlin 1. THAT no action be taken to sell the vacant land at Frankland Street, Mittagong,

until the final report from CBRE is brought to Council on Wednesday, 22 June 2016.

2. THAT a briefing session be held for all Councillors to attend to review the report

from CBRE before Wednesday, 22 June 2016. PASSED



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21. GENERAL BUSINESS It was noted that the following General Business Questions were handed up and verbal responses were not provided at the Meeting: 1. WILSON DRIVE BLACKSPOTS RD 2762, 7806 Clr I M Scandrett asked if staff can advise the likely timetable and consultation and assessment process to identify road and associated infrastructure improvements on Wilson Drive - 5 kms to and including Hill Top - in relation to forthcoming NSW State Black Spot Grants applications. He asked if the assessment can also include “at risk” overhanging branches as discussed in the meeting today with the Parks and Open Spaces Coordinator.

2. WOOLWORTHS DA 16/0361 Clr G M Turland asked if Council can undertake a cost benefit analysis or economic benefit to Moss Vale residents and businesses for the development application for a Woolworths supermarket and also the possibility of an Aldi supermarket.

3. ABORIGINAL LAND CLAIM ON THE GIB 1490/1, 6527/15 Clr H R Campbell states that she hopes the media are following and reporting on this given the significance of Mt Gibraltar as an asset to the Shire, an asset that is in need of action by Council to return and repair it to a destination worth setting out for as it was for so many years. Clr Campbell advises that the viewing panoramas are diminished, the walking tracks overgrown in many areas and in some cases unsafe, and that the fuel load and infestation of black wattle creates a firestorm in the wings, and hopes this claim will focus Council’s attention on the Gib. Clr Campbell asked if Council’s tree specialist and other relevant staff can look at what response will formally be put on behalf of the Shire in response to this land claim, and report to Council within the next four weeks given the urgency due to the closing date for submissions.



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22. CLOSED COUNCIL

MOVING INTO CLOSED SESSION

107/9

At this juncture, the time being 7.30 pm, Council moved into Closed Council.

MN 283/16

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

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)(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 and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council. Brief description Question: Will the Deputy General Manager, Mr Barry Paull, please give Council an urgent update, in Closed Council, if required, as to the distribution of funds resulting from the successful legal case again Lehmans Australia.

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: 101/2, 502/101 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


CONFIDENTIAL ITEM

This report is confidential in accordance with s10A(2) of the Local Government Act, 1993, 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.

To: General Manager

From: Clr Juliet Arkwright

Received: 1 June 2016

Subject: Lehman Bros

Question:

Will the Deputy General Manager, Mr Barry Paull, please give Council an urgent update, in Closed Council, if required, as to the distribution of funds resulting from the successful legal case again Lehmans Australia.

Response:

An update on the status of this matter will be provided in Closed Council. Clr H R Campbell left the chambers, the time being 7.33 pm and returned to the meeting at 7.35 pm. The Deputy General Manager Operations, Finance & Risk addressed Council on this matter.

MN 284/16

MOTION moved by Clr T D Gair and seconded by Clr G McLaughlin THAT the information in relation to Question with Notice 07/2016 – Lehman Bros - be noted. PASSED



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RESUMPTION OF OPEN COUNCIL

107/10

MN 285/16

MOTION moved by Clr G McLaughlin and seconded by Clr H R Campbell 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 286/16

MOTION moved by Clr H R Campbell and seconded by Clr G McLaughlin THAT the recommendations of the Closed Council held on Wednesday, 8 June 2016 being MN 284/16 be adopted. PASSED

23. ADOPTION OF COMMITTEE OF THE WHOLE

107/10

MN 287/16

MOTION moved by Clr J R Clark and seconded by Clr H R Campbell

THAT the recommendations of the Committee of the Whole held on Wednesday, 8 June 2016 being MN 263/16 to MN 271/16 be adopted. PASSED



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24. MEETING CLOSURE

THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 7.53 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 June 2016 numbered M/N 261/16 to M/N 287/16 were signed by me hereunder at the Council Meeting held on Wednesday, 22 June 2016.

CHAIRMAN

READ AND CONFIRMED ON WEDNESDAY, 22 JUNE 2016

CHAIRMAN PUBLIC OFFICER

minutes of ordinary meeting of council - 8 june 2016

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