agenda of ordinary meeting of council - 22 july 20152015/07/22 · 3.32pm opening prayer –...

Civic Centre, Elizabeth St, Moss Vale, NSW 2577. PO Box 141, Moss Vale. t. (02) 4868 0888 f. (02) 4869 1203

e. [email protected] DX 4961 Bowral ABN 49 546 344 354

File No: 100/2015

17 July 2015

Dear Councillor,

You are kindly requested to attend the Ordinary Meeting of Wingecarribee Shire Council to be held in Council Chambers, Civic Centre, Elizabeth Street, Moss Vale on Wednesday 22 July 2015 commencing at 3.30pm.

Yours faithfully Ann Prendergast General Manager

SCHEDULE

3.30pm Council Meeting begins

5.30pm Questions from the Public to be read out

7.40pm Closed Council

Runing

ORDINARY MEETING OF COUNCIL

held in the Council Chambers, Civic Centre, Elizabeth Street, Moss Vale

on Wednesday, 22 July 2015 at 3.30pm.

RUNNING SHEET

Time Item

3.30pm Opening of meeting – please remind all present that mobile phones must be switched off before the meeting and that the meeting is tape recorded.

Acknowledgement of Country - Clr L A C Whipper

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.

3.32pm Opening Prayer – Chaplain John Wheeler, Transport for Christ, Mittagong

3.35pm Apologies (if any)

Adoption of Previous Minutes – Wednesday, 8 July 2015

Business Arising (if any)

Declarations of Interest (if any)

Mayoral Minute –

Item 8.1 Condolences - Former Federal Member for Hume Mr Alby Schultz

Public Forum (if any)

Motion to move into Committee of the Whole - Clr G M Turland

Visitor Item –

Item 10.1 DA 14/1044.01 Section 96(2) Modification to Redevelopment of Existing Service Station Including Replacement of Existing Storage Tanks & Awning and Extension of Convenience Store Into Area Formally Used for Mechanical Repair Station - Lots 13 and 14 DP 11791, Nos 61 - 61A Railway Avenue, Bundanoon

Council Reports

5.30pm Motion to move into Council and the Mayor resumes the Chair

5.30pm Questions from the Public to be read

Continuation of Council Reports

General Business Questions

Notices of Motion

7.40pm Closed Committee

8.00pm Meeting Closed

Ann Prendergast General Manager

AGENDA FOR THE ORDINARY MEETING OF COUNCIL

Wednesday 22 July 2015

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Business

1. OPENING OF THE MEETING

2. ACKNOWLEDGMENT OF COUNTRY

3. PRAYER

4. APOLOGIES

Nil

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 8 July 2015

6. BUSINESS ARISING FROM THE MINUTES

7. DECLARATIONS OF INTEREST ................................................................... 1

8. MAYORAL MINUTES

8.1 Condolences - Former Federal Member for Hume Mr Alby Schultz ....... 2

9. PUBLIC FORUM

COMMITTEE OF THE WHOLE

10. VISITOR MATTERS

OPERATIONS, FINANCE & RISK

Nil

CORPORATE, STRATEGY & DEVELOPMENT SERVICES

10.1 DA 14/1044.01 Section 96(2) Modification to Redevelopment of Existing Service Station Including Replacement of Existing Storage Tanks & Awning and Extension of Convenience Store Into Area Formally Used for Mechanical Repair Station - Lots 13 and 14 DP 11791, Nos 61 - 61A Railway Avenue, Bundanoon ................................ 3

11. EN BLOC MOTION

12. OPERATIONS FINANCE & RISK

12.1 Daphne Street Bowral - Dedication as Public Road and Application for Closure and Sale of Part of Unmade Daphne Street Adjacent to 150-152 Bowral Street Bowral ............................................................. 15

12.2 Proposed Lease of Unmade Road, Part Daphne Street, Bowral Adjoining 148A Bowral Street, Bowral .................................................. 22

12.3 Unnamed Watercourse Near Sproules Lane ........................................ 27

12.4 Review of Phillip Street, Burradoo Walking Reserve Project ............... 39

12.5 Waste Transfer Awnings Modifications Funding................................... 46

12.6 Mittagong Swimming Centre - Project Budget Update ......................... 49



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13. CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Shire Entry and Locality Signage Update ............................................. 51

13.2 Appointment of Committee Community Representatives ..................... 59

Mayor to resume chair at 5.30 pm

COUNCIL MATTERS

14. GENERAL MANAGER

14.1 Legal Affairs ......................................................................................... 61

15. DELEGATE REPORTS

16. PETITIONS

Nil

17. CORRESPONDENCE FOR ATTENTION

Nil

18. COMMITTEE REPORTS

18.1 Minutes of the Heritage Committee held on Friday, 26 June 2015 ....... 65

18.2 Minutes of the Community Development Committee held on Tuesday, 7 July 2015 ........................................................................... 73

19. QUESTIONS WITH NOTICE

Nil

20. NOTICES OF MOTION

20.1 Notice of Rescission of Resolution 07/2015 - Demolition of the Former Mittagong Bowling Club ........................................................... 85

21. GENERAL BUSINESS

Nil

22. CLOSED COUNCIL

Moving into Closed Session ...........................................................................86

22.1 Mittagong Swimming Centre - Electrical Update 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.

22.2 Legal Affairs 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.

23. RESUMPTION OF OPEN COUNCIL

Resumption of Open Council

Adoption of Closed Session



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24. ADOPTION OF COMMITTEE OF THE WHOLE

25. MEETING CLOSURE



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Our Mission, Our Vision, Our Values

OUR MISSIONTo create and nurture a vibrant and diverse community growing

and working in harmony with our urban, agricultural and natural

environments

OUR VISION

OUR VALUES

Environment: ‘A community that values

and protects the natural environment

enhancing its health and diversity’

Economy: ‘A strong local economy that

encourages and provides employment,

business opportunities and tourism’

Leadership: ‘An innovative and effective

organisation with strong leadership’

People: ‘A vibrant and diverse

community living harmoniously,

supported by innovative services and

effective communication with Council’

Places: ‘Places that are safe,

maintained, accessible, sympathetic to

the built and natural environment, that

supports the needs of the community’

Integrity, trust and respect

Responsibility and accountability

Communication and teamwork

Service quality



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Council Chambers

Recording of Ordinary Meeting of Council As authorised by the Local Government Act 1993, Wingecarribee Shire Council records the proceedings of the Ordinary Meeting of Council to ensure accurate transcription of resolutions.

Recording of meetings by members of the media is permitted only for the purpose of verifying the accuracy of any report concerning such meeting. Broadcasting of any sound recording is not permitted. Video recording is also not permitted. No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of Council without prior permission of the Council.

En

tra

nc

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oor

Media Table

Public Public

Councillors

Mayor

Clr Duncan Gair

General Manager

Ann Prendergast

Minute Taker

Elizabeth Johnson



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DECLARATIONS OF INTEREST

101/3, 101/3.1

The provisions of Chapter 14 of the Local Government Act, 1993 regulate the way in which Councillors and nominated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public trust. The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest and the reasons for declaring such interest must be disclosed as soon as practicable after the start of the meeting. As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussions or voting on that matter and further require that the member vacate the Chamber. Council‘s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.



MAYORAL MINUTES

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8 MAYORAL MINUTES

8.1 Condolences - Former Federal Member for Hume Mr Alby Schultz

Reference: 102, 102/5 Report Author: Mayor T D Gair Authoriser: General Manager Link to Corporate Plan: Foster respect through continuing engagement and

communication activities using a variety of modes and mediums

PURPOSE The former Federal Member for Hume, Mr Alby Schultz passed away on Tuesday, 14 July 2015 in his home town of Cootamundra after a long illness, aged 76. Mr Schultz was elected to Cootamundra Shire Council in 1983, prior to being elected as the State Member for Burrinjuck from 1988 to 1998. In 1998 he was elected as the Member for Hume, as position he held until 2013. Mr Schultz was the longest serving member for the Federal electorate of Hume and he will always be remembered for his service to the people of our region. During his time in Federal Parliament, Mr Schultz was known for being forthright with his views, even if he disagreed with party colleagues and he was always happy to give a voice to people who otherwise didn’t have one. Mr Schultz will be sadly missed by his wife Gloria, their children Dean and Grant and five grandchildren. Council offers their sincere condolences to the family and friends of Mr Schultz.

RECOMMENDATION

THAT Council offers its prayers and condolences to the family and friends of former Federal Member for Hume, Mr Alby Schultz.

ATTACHMENTS

There are no attachments to this report.



REPORT DEPUTY GENERAL MANAGER CORPORATE, STRATEGY & DEVELOPMENT SERVICES

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COMMITTEE OF THE WHOLE

10 VISITOR MATTERS

CORPORATE STRATEGY & DEVELOPMENT SERVICES

10.1 DA 14/1044.01 Section 96(2) Modification to Redevelopment of Existing Service Station Including Replacement of Existing Storage Tanks & Awning and Extension of Convenience Store Into Area Formally Used for Mechanical Repair Station - Lots 13 and 14 DP 11791, Nos 61 - 61A Railway Avenue, Bundanoon

Reference: DA14/1044.01 Report Author: Town & Environmental Planner Authoriser: Acting Team Leader Town Planning Applicant: Geolyse Pty Ltd Owner: Southern Highlands Petroleum Pty Ltd 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 present to Council a modification application lodged in accordance with section 96 (2) of the Environmental Planning and Assessment Act 1979 to DA 14/1044 for the redevelopment of an existing service station at 61 to 61A Railway Avenue, Bundanoon. The modification is being reported to Council as it seeks the deletion and modification of specific conditions that were imposed as an outcome of the Council Ordinary Meeting of Wednesday 25 March 2015.

VOTING ON THE MOTION

Councillors are required to record their votes on this matter.




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RECOMMENDATION THAT modification application DA14/1044.01 for the redevelopment of an existing service station including replacement of existing storage tanks and awning and extension of convenience store into area formally used for mechanical repair station at Lots 13 and 14 DP 11791, 61 to 61A Railway Avenue, Bundanoon be APPROVED via the deletion of Condition 23(b)(i) Note (b), Conditions 54, 55 and 56 and a modification to Condition 57, to read as follows:

‘Road Widening Road Widening is to be provided to the northern side of Railway Street, Bundanoon for a distance of not less than 70 metres in consultation with, and approval by, Council’s Development Engineer.’

REPORT

BACKGROUND

Development Application 14/1044 was considered by full Council at the ordinary meeting on 11 March 2015 and was determined by way of approval. Subsequently a rescission motion was lodged and the matter was again considered at the meeting of 25 March 2015 where the motion was upheld. At the meeting of 25 March 2015 Councillors placed a number of additional requirements on the development application which were foreshadowed in the resolution being, inter alia:

(a) In order to ensure a coherent and logical streetscape character statement to

Bundanoon and to ensure amenity of the local area the proposed commercial awning connected to the main convenience store building shall be reduced in scale to protrude towards Railway Street a maximum of 1.5m past the proposed fuel bowsers in the forecourt area.

(b) The proposed awning shall not exceed 300mm in depth at the facia edge in order to reduce the bulk of the structure when viewed from the public domain and to ensure local streetscape amenity.

(c) The proposed blade sign to the North Western Boundary on the site shall be moved 2 metres to the South (ie, away from Railway Street) to reduce visual dominance in the streetscape whilst also achieving promotional advertisement of the store upon approach to the site.

(d) Road widening is to be provided to Railway Street, Bundanoon to provide a basic right turn treatment to enable a safe turning lane to enter and egress the site in consultation with Council’s Development Engineer.

Those additional requirements where included in the notice of determination under conditions numbered 23(b)(i) Note (b), Condition 54, 55 and 56 and condition 57. These conditions are subject to a section 96 modification application in order to remove the conditions, and the applicant has gone to some length to justify the basis of the amendment.




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DETAILS OF PROPOSED MODIFICATION

Awning width and Awning depth: DA 14/1044 Conditions 54 and 55 Conditions (a) and (b) of Council’s Resolution (Conditions 54 and 55 of DA14/1044 respectively) have been considered by the applicant in terms of compliance with relevant industry standards and guidelines and in terms of visual amenity and impact upon the Bundanoon streetscape. The proposed modification is accompanied by a detailed Statement of Environmental Effects (SEE) prepared by the applicant GEOLYSE. Section 3.3 of the SEE Table 3.1 details the conditions to be modified and the applicant’s reasoning for the proposed modification. In order to avail the applicant of a thorough consideration by Council, this table is included in its entirety as Attachment 1 to this report. Section 4.2 of the applicant’s SEE cites compliance with the Protection of the Environment Operations Act 1997 (POEO Act) and Environmental Protection Agency (EPA) requirements in relation to stormwater quality as guiding the design of the proposed forecourt awning. In reference to conditions (a) and (b) of Council’s Resolution the applicant concludes: ‘The requirements imposed via the conditions of consent, specifically in relation to the awning setback, results in a requirement to amend the design and would undermine the specific measures proposed by the initial design in response to the requirements of the POEO Act and the EPA Guidelines.’ Table 4.1 ‘Prevention of stormwater pollution and managing trade wastewater’ of the applicant’s SEE (Attachment 2 to this report) details how the developer proposes to effectively manage stormwater and how a reduction in awning width would not be consistent with POEO Act and EPA Guidelines. Section 5.2 ‘Context, Setting and Streetscape’ of the applicant’s SEE considers the proposed forecourt awning dimensions in terms of design merit, concluding: ‘The conditions imposed by Council, and the changes they necessitate to the design, would have little impact on the streetscape and would result in an awning that fails to deliver compliance with relevant environmental standards. The condition imposed by Council to reduce the fascia to 300mm and the setback to 1.5 metres from the bowsers would result in a high and narrow awning that would look out of balance with modern designs of service stations.’ And Section 5.3 ‘Awning Design’ of the applicant’s SEE: ‘It is considered that the originally proposed awning size with the proposed 600mm fascia depth is justified. The streetscape assessment (Section 5.2) confirms that the site is located within the periphery of the town centre area where commercial development is expected. The site is well shielded by large established trees and the changes proposed would not detrimentally impact on the streetscape. The awning as proposed would not lead to any detrimental impacts on the streetscape of the locality, due to the changing nature of the area, would provide a high level of environmental control and would be less visible to approaching traffic than the current arrangement.’

Town Planner’s Comment: The applicant has provided compelling arguments for water quality control to comply with POEO Act and EPA Guidelines. Should Council arrive at a different conclusion to that of




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the applicant’s SEE this would likely be a trigger for the need for Council to engage independent expert water quality advice. It is conceivable given the evidence available that independent expert advice may arrive at the same conclusions as that of the applicant in terms of forecourt awning dimensions.

Advertising Signage: DA14/1044 Condition 56 The applicant’s principle objection to Condition (c) of Council’s Resolution (Condition 56 of Consent Notice) is that the proposed free standing advertising sign will replace an existing sign located at an approximate 1m setback from the front property boundary. This current location is largely obscured in spring and summer months by adjacent deciduous trees. The proposed relocation of the free standing sign a further 2 metres south (i.e. away from the street) in compliance with Condition 56 is described by the applicant as resulting in a sign ‘Completely obscured to eastbound motorists’ advising that Clause 11(1) of the NSW Fair Trading Regulations requires fuel price signage to be clearly visible to motorists. Town Planner’s Comment: A site inspection conducted by Council’s Town Planner and Development Engineer confirms that a 3 metre signage setback from the street as proposed by Council will result in the sign being obscured to motorists approaching from the south as a result of existing trees located on adjacent residential property. It is also quite possible that light spillage may have a greater impact if the advertising sign is located an additional 2 metres closer towards the frontage of this adjacent residential dwelling. This would not be a desirable environmental outcome for this adjacent property and would not provide necessary advertising exposure for the development from both directions for passing motorists. Road Shoulder Widening: DA14/1044 Condition 23(b)(i) Note (b) and Condition 57 The applicant raises no objection to proposed road shoulder widening and has discussed the extent required with Council’s Development Engineer and as an outcome of this meeting road shoulder widening for a distance of 70 to 75 to provide safety for turning vehicles is agreed to. As such treatment does not constitute a BAR (Basic Right Turn) in reference to Austroads Standards as required by Condition 23(b)(i), Note (b) and by Condition 57, a Modification to wording to require shoulder widening instead of a BAR is triggered. The applicant seeks the deletion of Note (b) only of Condition 23(b)(i). Note (b) states: Existing entrance to be reconstructed with Basic Right (BAR) treatment to prevent queuing caused by right turning vehicles entering the site. Condition 23 (b) (i) is itself to remain. The applicant also seeks a modification to the wording of Condition 57. The current wording of Condition 57 reads: ‘Road widening is to be provided to Railway Street, Bundanoon to provide a Basic Right Turn treatment to enable a safe turning lane to enter and egress the site in consultation with Council’s Development Engineer.’

The proposed modified wording of Condition 57 is to read as follows: ‘Road widening is to be provided to the northern side of Railway Street, Bundanoon for a distance of not less than 70 metres in consultation with, and approval by, Council’s Development Engineer.’




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Town Planner’s Comment: The proposed revised wording of Consent Condition 57 has been reviewed and endorsed by Council’s Development Engineer who further notes that the Roads and Maritime Services (RMS) Classification of Railway Street allows Council to consider an alternative solution to a BAR (Basic Right Turn) without triggering any need for RMS concurrence.

Section 79C Evaluation

The matters in Section 79C have been considered throughout the body of this report.

Relevant State Legislation

The Protection of the Environment Operations Act 1997(POEO Act) applies.

CONSULTATION

COMMUNITY ENGAGEMENT

Neighbour Notification The modification was notified to adjoining and adjacent properties and to the Bundanoon Community Association (BCA) for a period of 14 days, from 4 June to 22 June 2015 consistent with Council’s Notifications Policy.

Following closure of the notification period Council was in receipt of two (2) submissions. Matters raised within submissions received are summarised below:

Business Competition: One submission was received raising concern that the presence of a new convenience store adjacent to an existing convenience store on adjoining property will detrimentally impact upon the commercial viability of the existing Bundanoon Convenience Store and also upon other retail businesses located within the Town. Town Planner’s Comment: Council is unable to interfere with business competition in the assessment of a development application as this would constitute a breach of the Australian Competition & Consumer Commission (“ACCC”). Business competition is not a Head of Consideration under Section 79C of the Environmental Planning and Assessment Act 1979 (EP&A Act) and the presence of two similar or identical business enterprises adjacent to each other does not contravene any Council policy.

Streetscape Character: One submission was received requesting that Council uphold the existing approved consent conditions and that the proposed modification be rejected so as to ensure the streetscape character of the residential area in the immediate vicinity and Bundanoon is retained. Town Planner’s Comment:

The subject property is zoned B2 Local Centre and is separated from the Bundanoon Conservation Area by R3 Medium Density Residentially zoned land to the west of the subject site. Regardless, the business is located within a prominent setting within the main thoroughfare of Bundanoon wherein visual presentation to the street is a significant consideration for any fresh development or, in this case, the redevelopment of an existing commercial business. In considering whether awning width as proposed by the applicant within the plans tabled will have a positive or negative impact upon the visual amenity of the street, Council is obliged to consider as a design constraint the type of business activity and




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the operational needs of the business. A service station and convenience store, by very nature requires exposure to the street sufficient to enable passing motorists the opportunity to identify, within a safe and timely manner, the business when travelling from both a westerly and easterly direction.

Business exposure is recognised by the applicant to be adequate in this regard when approaching the site from an easterly direction. When approaching the property from the west (i.e. approaching from the town centre) the site is obscured by trees located upon adjoining residentially zoned land and by a gentle bend in the alignment of Railway Avenue. In the interests of assisting passing motorists to locate the business when approaching from the west, and in sufficient time to pull off the roadway in safety, a forecourt awning that is visible to the street when approaching from this direction would be desirable both customers and for the business operation of service station and convenience store. Likely an ideal outcome in terms of streetscape amenity would be no change to the existing ‘rustic country appearance’ of the current business premises, however the modern reality is that any redevelopment of an older service station will involve change and that associated visual cues of ‘newness’ will inevitably jar, at least in the short term, with older, existing built fabric within an established area. This sense of ‘the new’ does subside with time provided that the fresh development represents an acceptable fit within the context of the existing environment.

A limitation upon acceptable design fit is the need for the redevelopment to reflect current service station industry standards (which includes the protection of water quality by means of an overhead awning over fuel bowsers) and the need to have sufficient advertising exposure to alert passing trade in a safe and timely manner when approaching the business from both east and west along Railway Avenue. The applicant, in information provided within the SEE accompanying their application and included as extracts under Attachments 1 and 2 to this report has presented Council with evidence to support function taking precedent over form in arriving at a forecourt awning design. All of these issues require a holistic consideration, that is operational needs and the extent to which these may be compromised in order to arrive at the desired future outcome in terms of streetscape.

INTERNAL REFERRAL

Specialist description:

Development Engineer

Recommendations:

Agreement to modified wording of Condition 57 has been reached between the applicant and Council’s Development Engineer. Condition 58 ‘Any trees that fall within the scope of the required 1m widening to accommodate the slip lane will need to be appropriately protected’ is to be retained to ensure that Council has control over the impact of road widening upon existing trees within the Railway Avenue road reserve.

SUSTAINABILITY ASSESSMENT

Environment

The modification has been lodged in response to the need for the development to comply with applicable Environmental Protection Authority (EPA) guidelines. These conditions include a requirement that any contaminated water collected from under the forecourt area canopy be separated from storm water collected elsewhere within the site. The proposed forecourt awning design has been arrived at in consideration of this requirement.




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Social

The availability of fuel on weekends is likely to be of social benefit to residents of Bundanoon going about weekend recreational activities, particularly given that at present no fuel is available within Bundanoon on weekends. The Modification to signage will facilitate the ease of locating the service station for visitors to the area.

Broader Economic Implications

The continuation of the subject site for the supply of fuel and other goods provides employment opportunities for local residents as well as choices to purchase by residents and visitors of Bundanoon.

Culture

There are no cultural issues in relation to this report.

Governance

The development application has been considered in accordance with WLEP 2010, the EP and A Act and any matters relevant to the development.

RELATIONSHIP TO CORPORATE PLANS

Wingecarribee 2013 – Economy 5.3 Substantial business and industry thrive in Wingecarribee.

COUNCIL BUDGET IMPLICATIONS

The financial implication of Council’s decision in this matter is directly related to the legal implications. The possibilities are detailed as follows:

Should the applicant choose to appeal a refusal by Council through the Land and Environment Court and lose, the question of cost with regard to Council’s legal representation would be determined by the extent of the reasons for refusal.

Should the applicant choose to appeal a refusal by Council through the Land and Environment Court and win, the question of cost would be dependent upon the extent of the reasons for refusal.

Should any person choose to take out Class 4 proceedings against Council to the Land and Environment Court and lose, the question of cost with regard to Council’s legal representation would be calculated at the appropriate time.

Should any person choose to take out Class 4 proceedings against Council to the Land and Environment Court and win, the question of cost would still be calculated at the appropriate time.

Should the applicant make no appeal, or proceedings not be taken out by another party, to the Land and Environment Court regardless of the determination, the application would result in no further financial implication to Council.




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OPTIONS

Option 1 Approve the proposed modification via deletion of Note (b) only of Condition 23(b)(i) and deletion of Conditions 54, 55 and 56 and modification of the wording of Condition 57 to read as follows:

‘Road Widening Road widening is to be provided to the northern side of Railway Street, Bundanoon for a distance of not less than 70 metres in consultation with, and approval by, Council’s Development Engineer.’

Option 2

Refuse the proposed modification, in which case Council would need to determine reasons for the refusal.

Option 1 is the recommended action within this report.

CONCLUSION

In conclusion it is considered that the proposed modification to meet current industry standards for stormwater quality treatment as required by the POEO Act and EPA Guidelines and to provide advertising exposure in compliance with NSW Fair Trading Regulations so as to facilitate the sale of fuel to service the needs of the local community warrants Council’s support. Road widening to improve the safety of both passing motorists and customers exiting and entering the service station is also considered to be a positive outcome and has accordingly been endorsed by Council’s Development Engineer.

ATTACHMENTS

1. Table 3.1 of Applicant's SEE "Proposed Conditions to be Modified"

2. Table 4.1 of Applicant's SEE "Prevention of Stormwater Pollution and Managing Trade Wastewater

Mark Pepping Deputy General Manager Corporate, Strategy & Development Services Friday 17 July 2015

AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 22 July 2015


ATTACHMENT 1 Table 3.1 of Applicant's SEE "Proposed Conditions to be Modified"

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ATTACHMENT 1



ATTACHMENT 1 Table 3.1 of Applicant's SEE "Proposed Conditions to be Modified"

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ATTACHMENT 2 Table 4.1 of Applicant's SEE "Prevention of Stormwater Pollution and Managing Trade Wastewater

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ATTACHMENT 2



ATTACHMENT 2 Table 4.1 of Applicant's SEE "Prevention of Stormwater Pollution and Managing Trade Wastewater

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REPORT DEPUTY GENERAL MANAGER OPERATIONS, FINANCE & RISK

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12 OPERATIONS FINANCE & RISK

12.1 Daphne Street Bowral - Dedication as Public Road and Application for Closure and Sale of Part of Unmade Daphne Street Adjacent to 150-152 Bowral Street Bowral

Reference: PN229100, RD1536 Report Author: Property & Project 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: 1. Obtain approval of Council to dedicate Daphne Street Bowral as public road; and 2. Obtain approval to invite an application to close part of an unmade section of Daphne

Street, adjacent to 150-152 Bowral Street, Bowral The owners of 150-152 Bowral Street, Bowral, wish to make an application to close and purchase part of the unmade Daphne Street directly adjacent to their property. As part of the research for the road closure, Council Officers undertook historical searches. These historical searches revealed that Daphne Street, Bowral was created from a private subdivision prior to 1920 and has not ever been dedicated to the public as road. Before inviting a road closure application, Council will be required to dedicate Daphne Street, Bowral as public road.




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RECOMMENDATION

1. THAT Council is to give public notice of the intention to dedicate Daphne Street, Bowral to the public as road, advertising for a minimum of twenty eight (28) days.

2. THAT following dedication of Daphne Street, Bowral as public road, Council

invite a formal Application for Road Closure from the owner / applicant of 150-152 Bowral Street, Bowral AND THAT it be noted that all costs in relation to the closure and potential future sale of the unmade road will be paid for by the applicant.

3. THAT Council make a third party application to the Crown Lands Office for the

closure of part of the unmade road adjacent to 150-152 Bowral Road, Bowral AND THAT, if the Crown approves the closure of the road, the applicant is to consolidate the newly created lot following road closure with his own adjoining property at his own cost and expense.

4. THAT any documentation required to be executed in relation to the road closure

and road dedication be executed by the General Manager and Mayor under the Common Seal of the Council.

REPORT

There are two parts to this report in respect of Daphne Street Bowral:

(1) Road Dedication, and

(2) Application for Road Closure.

Enquiries were received by the adjoining owner/applicant as to whether Council would consider the potential future closure and sale of part of the unmade area of Daphne Street Bowral adjoining the applicant’s property.

It is necessary for Council to determine whether the road (constructed or unmade) is a Council Public Road or a Crown Public Road. An extensive search was undertaken to determine the status of the road. It was found that:

part of Daphne Street, Bowral was an Old System private subdivision road provided for in a subdivision called Upper Bowral Field circa 1886 (also known as Jamieson Hill Estate).

the documentary title to the road was found to be standing in the name of Patrick Lindesay Crawford Shepherd.

The searches undertaken establish that Daphne Street has not ever been dedicated to the public. This needs to be remedied by dedication of the road to the public.




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Road Dedication

Council has sought legal advice on a similar matter where the unformed road had not been dedicated to the public. The advice as to the process to dedicate the road to the public as public road was as follows:

Noting that Daphne Street was created prior to 1920, Council can dedicate the Land as public road pursuant to section 16 of the Roads Act 1993 (NSW).

“16 Council may dedicate certain land as a public road

(1) This section applies to land that is set aside for the purposes of a road left in a subdivision of land effected before 1 January 1907 (the date of commencement of the Local Government Act 1906) or in a plan of subdivision that was registered by the Registrar-General before 1 January 1920 (the date of commencement of the Local Government Act 1919).

(2) The council of the local government area within which such land is situated may, by notice published in the Gazette, dedicate the land as a public road.

(3) On the publication of the notice in the Gazette: (a) the land described in the declaration becomes free of all trusts,

restrictions, dedications, reservations, obligations and interests, and (b) the land is dedicated as a public road.

(4) No compensation is payable to any person with respect to any loss or damage arising from the operation of this section.

(5) Land may not be dedicated as a public road under this section if the Land and Environment Court has made a declaration under section 17 to the effect that the land may not be so dedicated or if an application for such a declaration is pending before that Court.”

A Plan of Road Dedication is to be prepared by a registered Surveyor in order to identify the portion of land being dedicated as public road. Once prepared, Council can proceed with the road dedication process.

Section 17 of the Roads Act requires Council to provide the owner of the Land with at least twenty eight (28) days’ notice of its intention to dedicate the land.

“17 Application to Land and Environment Court against proposed dedication

(1) Before dedicating land as a public road under section 16, the council must cause

at least 28 days’ notice of its intention to do so to be served on the owner of the land.

(2) During that period of 28 days, the owner of the land may, in accordance with rules of court, apply to the Land and Environment Court for a declaration that the land should not be dedicated as a public road.

(3) The Land and Environment Court may make such decision as it thinks fit with respect to the application.

As the land was created some time ago, the Roads Act does not provide guidance in relation to the situation where the owner of the land is deceased or cannot be located. In this regard, it is recommended that Council place a Notice on the Land, notifying the general public of Council’s proposed dedication of the Land (attaching a copy of the registered Plan of Road Dedication).




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For abundant caution, it is recommended that Council place an advertisement in the local newspaper to ensure Council satisfies its obligations under the Roads Act.

Following the period of twenty eight (28) days, provided that there are no objections, Council may formalise the dedication of the road as public road by publishing a Notice in the New South Wales Government Gazette.

Following the above process, once the gazettal notice has been published, the land will be dedicated as Council public road and the land will vest in Council in accordance with Section 145 of the Roads Act 1993.

Once Daphne Street, Bowral is dedicated as Council public road, Council can then invite an application for road closure.

Road Closure

Following the dedication of Daphne Street Bowral as public road, Council approval is sought to invite an application for road closure from the adjoining owner/applicant of 150-152 Bowral Street Bowral.

The total area of the unmade road that directly adjoins 150-152 Bowral Street, Bowral is approximately 1,550 square metres (subject to final survey - at the cost of the adjoining owner/applicant). The unmade road is comprised of natural grasses and has been maintained by the adjoining owner/applicant since their purchase of the property.

In principle, Council Officers support the closure of part of the unmade road adjoining 150-150 Bowral Street, Bowral subject to a stormwater easement being created along the road reserve to secure the right for future stormwater infrastructure. This Report recommends that Council support the closure of the part of the unmade road and its subsequent sale to the adjoining owner.

The approval of Council is sought to invite a road closure application, noting that it is the Crown (New South Wales Trade & Investment) that makes the ultimate decision in relation to the application. in respect of unconstructed/unmade roads Council does not receive the proceeds of sale as these are paid to the Crown.

If the closure of the unmade road proceeds, the newly created lot (being a new title for the closed road) will be required to be consolidated with the property owned by the adjoining owner/applicant.

LEGISLATION

Roads Act 1993

Local Government Act 1993

IMPACT ON FIT FOR THE FUTURE PROPOSAL OUTCOME

Undertake a strategic and comprehensive review of fees and charges

It is recommended that Council’s fees and charges in respect of a Road Closure application be reviewed in the 2016/17 fees and charges to reflect the true cost to Council, noting that




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in respect of unconstructed/unmade roads Council does not receive the proceeds of sale as these are paid to the Crown.

CONSULTATION

Community Engagement

Advertising to the public for twenty eight (28) days is required to dedicate the road as public road.

Engagement of the general public for the road closure is not required at this stage. The Crown Lands office will advertise and publicly exhibit the proposal to close the unmade road and receive submissions on the proposal at the time of the third party application being lodged by Council. Ultimately, the Crown will make the decision as to whether it supports the closure of the road.

As the area of unmade road adjoins one other property, the consent of adjoining owners will be required. The onus is on the adjoining owner/applicant to obtain this consent.

Internal Consultation

The relevant departmental managers and Council Officers have been consulted. There is no objection to an Application for Road Closure being invited from the adjoining owner/applicant.

External Consultation

The Application for Road Closure will be referred to the Crown Lands Office for processing following dedication of the Daphne Street to the public.


Environment

There are no environmental issues in relation to this report.

Social

There are no social issues in relation to this report.


There are no broader economic implications in relation to this report.

Culture


Governance

The closure of an unmade road must be reported to Council and the Application to the Crown endorsed. It is essential for good governance and transparency that proper processes are followed.




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The adjoining owner/applicant is responsible for the payment of all fees and charges in relation to the process involving the Application for Road Closure. Fees will include surveying and registration fees, valuation fees etc.

Upon closure, the unmade road will vest in the Crown and the adjoining owner/ applicant will pay the necessary assessed compensation to acquire the lot.

Council will be liable for costs to dedicate the land as public road. This will involve a plan of road dedication, surveyor fees and land title registration costs.

RELATED COUNCIL POLICY

Asset Management Policy adopted by Council on 28 July 2011 (MN 316/10). Asset Management is a key functional part of the Integrated Planning & Reporting process and needs to be integrated across Council. This policy aims to provide the platform for this endeavour. Unmaintained Roads Policy adopted by Council 22 May 2013 (CW87/13):

The cost of maintenance of the unmaintained roads whether Formed, Unformed or Unmade are the responsibility of the land owners who use the road for access to private properties.

OPTIONS

The options available to Council are:

Option 1

Support the road dedication and Application for Road Closure and its lodgement with the local Crown Lands Office on behalf of the adjoining owner/applicant.

Option 2

Resolve not to proceed with the road dedication and Road Closure Application.

Option 1 is the recommended option to this report.

CONCLUSION

It is recommended that Council endorse dedication of Daphne Street Bowral to the public and, subsequently, invite an Application for Road Closure of part of the unmade road adjoining 150-152 Bowral Street, Bowral.

ATTACHMENTS

1. Aerial Map showing property and unmade road


12.1 Daphne Street Bowral - Dedication as Public Road and Application for Closure and Sale of Part of Unmade Daphne Street Adjacent to 150-152 Bowral Street Bowral

ATTACHMENT 1 Aerial Map showing property and unmade road

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ATTACHMENT 1




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12.2 Proposed Lease of Unmade Road, Part Daphne Street, Bowral Adjoining 148A Bowral Street, Bowral

Reference: PN1765370, 1536 Report Author: Property & Project Officer Authoriser: Senior Property Officer Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The objective of this Report is to consider a short-term lease of part Daphne Street being an unmade section of the road adjoining 148A Bowral Street, Bowral.

RECOMMENDATION 1. THAT following dedication of Daphne Street, Bowral as public road, Council

delegate authority to the General Manager to negotiate the terms and conditions of a short-term lease of part of the unmade part of Daphne Street, Bowral directly adjacent to 148A Bowral Street, Bowral for a maximum term of five (5) years.

2. THAT the applicant pays the current fee to Council to administer the application

for lease of road, being $570.50 including GST. 3. THAT the annual fee charged for the short-term lease is $550.00 including GST

in the first year, to increase by CPI or 5% whichever is greater in each and every subsequent year.

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

lease referred to in resolution 1 above under the Common Seal of the Council.

REPORT

BACKGROUND

Daphne Street, Bowral was created from a private subdivision prior to 1920 and its dedication is being dealt with through a separate report ‘Proposed Closure and Sale of Part Unformed Road Adjacent to 150-152 Bowral Street, Bowral’ – Item 12.1.

REPORT

The owner of 148A Bowral Street, Bowral has approached Council requesting a Lease of the unmade portion of Daphne Street, Bowral directly adjoining their land on the northern boundary.




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The purpose of the Lease of the unmade road is for cattle grazing. The owner of 148A Daphne Street, Bowral, at their own cost, will erect a new fence along the existing fence line along the northern boundary so that the cattle are well contained.

Prior to granting the short-term Lease of the unmade road, Council will be required to arrange dedication of Daphne Street as Public Road. The road dedication is being dealt with through a separate Report being ‘Proposed closure and sale of part unformed road adjacent to 150-152 Bowral Street, Bowral’.

LEGISLATION

Pursuant to the Roads Act 1993, Council as Roads Authority is able to consider a “short- term” lease over an unmade or made public road. Following dedication of the road as Public Road, Daphne Street, Bowral will be considered an unmade Council Public Road and therefore Council will have the legislative authority to grant such a lease to the adjoining owner.

S.153 SHORT-TERM LEASES OF UNUSED PUBLIC ROADS

A roads authority may lease land comprising a public road (other than a Crown road) to the owner or lessee of land adjoining the public road if, in its opinion, the road is not being used by the public.

S.157 SPECIAL PROVISIONS WITH RESPECT TO SHORT-TERM LEASES

(1) The term of a lease, together with any option to renew, must not exceed:

(a) except as provided by paragraph (b), 5 years, or

(b) in the case of a lease of land that has been acquired by the roads authority under Division 3 of Part 12, 10 years.

(2) A person must not erect any structure on land the subject of a lease under this Division otherwise than in accordance with the consent of the roads authority. Maximum penalty: 10 penalty units which is $110 x 10 penalty units in accordance with s17 Crimes (Sentencing Procedure) Act 1999

(3) Such a consent may not be given unless the roads authority is satisfied that the proposed structure comprises a fence or a temporary structure of a kind that can easily be demolished or removed.


The Lease of unmade road does not impact any of the Key Improvement Strategies within the Fit for the Future Improvement proposal.

CONSULTATION

Community EngagementThere has been no consultation with the community at large in relation to the request of the short-term Lease; however, a Notice of Intention to Lease the unmade road will be advertised for twenty eight (28) days following dedication of Daphne Street, Bowral road as public road.




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The relevant departmental managers and Council Officers have been consulted. There is no objection to the short-term Lease of the unmade road.


Adjoining Owner/Applicant


Environment


Social




Culture


Governance

In the interests of transparency in decision-making, it is necessary to report the request for a short term lease of the unmade portion of Daphne Street, Bowral. This will enable Council to consider and formally resolve how this matter should be dealt with.

Good governance involves researching, reporting and following correct procedures to administer and protect Council’s interest as roads authority.


It is recommended that a nominal annual ‘rental’ of $550.00 including GST in the first year, be charged by Council to legalise the occupation of the part of the unmade Daphne Street, Bowral. In accordance with other leases and licences, it is recommended that the annual fee be increased annually by CPI or 5% whichever is greater.

Additionally a fee for the cost of preparing the lease over the unmade road should be charged to the applicant in the sum of $570.50 including GST, in accordance with Council’s current adopted Fees and Charges.

No funds are expended under the Local Unmaintained Roads Maintenance and Repair budget in respect of the unmade Daphne Street, Bowral.




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Asset Management Policy adopted by Council on 28 July 2011 (MN 316/10). Asset Management is a key functional part of the Integrated Planning & Reporting process and needs to be integrated across Council. This policy aims to provide the platform for this endeavour.

Unmaintained Roads Policy adopted by Council 22 May 2013 (CW87/13): The relevant sections of this policy are duplicated below:

a) The cost of Maintenance of the unmaintained roads whether Formed, Unformed or

Unmade are the responsibility of the land owners who use the road for access to private properties.

b) Council will accept written applications to construct/upgrade an unmaintained road.

Applications will be assessed as per the procedure and conditions outlined in this policy guidelines. The construction of a road to Council standards does not automatically imply that Council will maintain the road. Council as a rule will only take over maintenance of the road, if it provides wider community benefits.

OPTIONS


Option 1

Support the granting of a short-term Lease of part of the unmade Daphne Street to the adjoining owner.

Option 2

Resolve not to proceed with the Lease of part of the unmade road.

Option1 is the recommended option to this report.

CONCLUSION

Following the dedication of Daphne Street Bowral as public road, it is recommended that Council grant a short-term lease of the portion of the unmade Daphne Street, Bowral to the adjoining owner of 148A Bowral Street, Bowral for a maximum term of five (5) years subject to negotiation of the terms and conditions of the lease by Council’s General Manager.

ATTACHMENTS

1. Aerial Map of unmade road


12.2 Proposed Lease of Unmade Road, Part Daphne Street, Bowral Adjoining 148A Bowral Street, Bowral

ATTACHMENT 1 Aerial Map of unmade road

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ATTACHMENT 1




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12.3 Unnamed Watercourse Near Sproules Lane

Reference: 5120 Report Author: Public Domain Assets Officer Authoriser: Assets Coordinator Roads & Water Link to Corporate Plan: Retain the rural landscape between towns and villages

PURPOSE The purpose of the report is to inform council on the background of the proposal to name an unnamed watercourse and advise on the community consultation already undertaken that has brought the naming process to the final stage of lodgement with the Geographical Names Board.

RECOMMENDATION THAT Council support the proposal by resolution to name the watercourse Comerton Creek with a designation as ‘creek’.

REPORT

BACKGROUND

Background and Council’s action:

The proposal to name the previously unnamed minor watercourse was received from researcher Bob Crouch, and processed in 2014.

Council staff reviewed and assessed the six-page submission covering the history of the Comer family land grant on Range Road.

The historic content and relevance was reviewed and supported by the Heritage Working Group, January 2014.

During the same timeframe Council undertook public exhibition for the proposal and no objection was received from the community.

REPORT

Information relevant to formal naming of creeks:

The Geographical Names Board (GNB) is the naming authority for topographic features,

such as natural watercourses (rivers, creeks, waterfalls, ponds) and natural landform

features (gorges, hills).

Final decisions on appropriate naming sit exclusively with the GNB.




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Council’s responsibility:

Council, while not the naming authority, has the responsibility to review submissions, test for local support on such matters, provide the GNB with comment and prepare an official submission with request the GNB proceeds with advertisement for the proposal.

Suitability:

The watercourse has carried the unofficial name Comerton Creek, or derivatives thereof, for over 180 years, dating back to the original land grant in 1839 to James Comer.

The naming of minor watercourses after relevant pioneers or settlers is consistent with earliest survey practices and preparation of the nation’s first Parish maps.

The long established practice has ensured there is a valuable record of local history and remains an appropriate way to link our past to our current sense of place.

Location

The creek rises on the land once known as Comerton Park and flows in a west – south-westerly direction at the junction of the locality boundaries of Bowral and Glenquarry, crossing under Kangaloon Road west of Sproules Lane, before flowing into the Wingecarribee River. The extent of the watercourse is approximately 5.2km.


The proposal does not impact on fit for the future.

CONSULTATION


The proposal was advertised in the Southern Highlands News for a period of four weeks.

The public comment timeframe was completed January 2014.


Research was undertaken by the Public Domain Officer and the Heritage Working Group was engaged to review the historic relevance and content.


Geographical Names Board.




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Environment

The registering of a formal name for minor watercourses is a positive action to help identify the existence and significance of all contributories to larger rivers. The opportunity to list local ecology against a named watercourse improves the ability to record important data.

Social Minor watercourses were vital to early pioneers and naming them by the properties through which they flowed is an appropriate way to link our past to our current sense of place.



Culture


Governance

The Geographical Names Board (GNB) is the naming authority.

Final decisions on appropriate naming sit exclusively with the GNB. A Council resolution is

requested to indicate local support has been considered.


A standard minimal Gazettal fee applies for all local government notifications to the Government Gazette.


The Geographical Names Act 1966 is the authority under which council manages official naming processes.

OPTIONS


Option 1

Support the proposal to name the water course as Comerton Creek by Council resolution.

Option 2

Do not support the proposal.





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CONCLUSION The proposal, having undergone mandatory review and public exhibition without objection should now be submitted to the Geographical Names Board for their approval and advertisement, before being formally notified in the Government Gazette.

.ATTACHMENTS

1. Six page submission on history of the Comer family and relevant maps of the water course


12.3 Unnamed Watercourse Near Sproules Lane ATTACHMENT 1 Six page submission on history of the Comer

family and relevant maps of the water course

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ATTACHMENT 1




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12.4 Review of Phillip Street, Burradoo Walking Reserve Project

Reference: 6690/2 Report Author: Recreation Planner Authoriser: Manager Assets Link to Corporate Plan: Provide safe and efficient road, cycle and where

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

PURPOSE The purpose of this report is to present Council with options based on the revised engineering design and associated costing for delivery of the Phillip Street Walking Reserve Project and recommend that Option 2 be adopted.

RECOMMENDATION 1. THAT Council proceed with the delivery of the Phillip Street, Burradoo Walking

Reserve Project. 2. THAT the Phillip Street, Burradoo Walking Reserve Project be constructed in

accordance with the engineering detail provided in Option 2 of the report. 3. THAT an additional $101,000 be allocated from the Land Rental Reserve.

REPORT

BACKGROUND

In 2008 Wingecarribee Shire Council adopted the WSC Bicycle Strategy – Connecting Mittagong, Bowral and Moss Vale as the first stage in a comprehensive pathway user plan.

The aim of this strategy was to guide the planning and development of recreational pathway infrastructure within Wingecarribee Shire.

The Phillip Street, Burradoo Walking Reserve project was identified in the Bicycle Strategy as a crucial local area connection providing safe community access to the Bong Bong Track.

The project was identified as an unfunded high priority project with a preliminary cost estimate of $90,000.

In 2013 Council and community cycling representatives conducted a review of the works identified in the 2008 Bicycle Strategy and presented a draft priority delivery plan to Council for consideration.




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As a result of consideration by Council, and subsequent to a tour of the associated sites, Council passed the following resolution on 11 September 2013.

1. THAT Council endorses the revised draft Stage 1 priority list emanating from the

review of the 2008 Bicycle Strategy, included as Attachment 1. 2. THAT Council seeks expressions of interest from local cycling organisations to

nominate for representation on the Bicycle Strategy Sunset Working Group. 3. THAT noting, the Phillip Street pedestrian pathway will be completed subject to the

existing Section 94 plan being repealed.

In response to the above resolution Council commenced the initial planning and conceptual scope for the project. A key aspect of the initial planning was the identification of suitable external funding sources that would complement the proposed repealed Section 94 funds and enable delivery of the project within a reasonable timeframe.

On 31 January 2014 Council received $20,000 from the Department of Family and Community Services – Community Building Grants Program to further develop and commence delivery of the Phillip Street, Burradoo Walking Reserve project.

On 12 February 2014 Council repealed the existing Section 94 Developer Contribution Plan for Open Space, Recreation, Community and Cultural Facilities 2003 -2008 and adopted the Section 94 Developer Contribution Plan for Open Space, Recreation, Community and Cultural Facilities 2013-2036.

The Phillip Street project was included in the adopted plan with a funding allocation of $85,000.

The total financial allocation at the conclusion of the 2013-2014 financial year totalled $105,000 thus ensuring inclusion of the Phillip Street, Burradoo Walking Reserve project within the 2014-2015 Operational Delivery Plan.

REPORT

In April 2015 Council officers raised concerns that the proposed “Low Cost Design Option” may not meet community expectations due to the flood prone nature of the site. Further, concerns were also raised about high maintenance costs due to flood affectation which would result in a much higher whole of life cost to Council. A site inspection was subsequently organised with Councillors to discuss these concerns.

On 24 June 2015 a Councillor Information Session was conducted which provided a review of the planning processes undertaken in respect to the project and details of various designs options.

The reviewed design and costing options appear below with additional CAD drawings provided as Attachment 1.




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Option 1 – Low Cost Design Option

Construct 220m of 1.8m lapped and capped fence line

Install 640m of rural plain wire fence

60m extension of 300mm concrete stormwater pipe

Construct pit and headwall

Construct 2.4m single cell 600mm concrete stormwater pipe/ causeway crossing

Removal of 45 exotic tree/shrubs

Clearing and disposal of 1500m3 of spoil

Construct 430m 1.2m wide x 100mm deep gravel path

Restoration of private lands as a result of access

TOTAL $135,000

Option 2 – Enhanced Engineering Embankment





Construct 2.4m four cell 600mm concrete stormwater pipe and embankment

Construct 30m of 1.5m wide concrete causeway




Construct 500mm deep Granular embankment across marshland area


TOTAL $206,000




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Option 3 – Enhanced Engineering Timber Boardwalk





Construct 40m timber boardwalk




Construct 70m timber boardwalk across marshland area


TOTAL $246,000


The proposed walking reserve will provide a new asset that will require inclusion within the planned maintenance program and financial considerations within the asset management plan.

This will impact on Council’s Fit for the Future proposal, as it will create a new depreciable asset.

CONSULTATION


On 30 June 2015 a Community Information Session was conducted with approximately 75 local residents in attendance. Council provided the planning history in relation to the project and three design options that are under consideration by Council.

A summary of community comments follows:

Comments Response

Can Council confirm the allocation of funds and the delivery timeframe?

The matter will be considered and pending Resolution of Council additional funds may be allocated from within existing Council Reserves. A tentative commencement date of September 2015 was discussed, pending weather conditions.

If additional funds are not allocated do the current funds remain?

The existing Section 94 funds will remain in reserve for the Phillip Street project. The $20,000 funding contribution from the NSW Community Builders program will be forfeited in the event that the project funds are not




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Comments Response

expended within the identified funding period.

Can Council commit to removing the vegetation as a means to demonstrate commencement of the project?

This work forms part of the delivery program and will be subject to consideration within the Council report on this matter.

Can community members be advised that the vegetation within the walking reserve was in place prior to the current owner’s purchase of the property?

All present at the public meeting were so advised.

Can Council commit to advising all neighbouring parties as part of the notification process?

Agreed.


The relevant staff from Infrastructure Services and Assets were consulted.


No external consultation is required in respect to this project.


Environment

The revised design options take into account the impact of the stormwater affected areas and the recommended option provides for engineering treatments that will reduce whole of life cycle costings, ongoing maintenance and periods of closure.

Social

The delivery of the Phillip Street project will provide for the intended outcome of a local area connection to the Bong Bong Track. The provision of enhanced access will increase the opportunity for a broad cross section of local residents to derive physical and social benefits from activities associated with the walking reserve.


The Phillip Street project appears as a crucial missing link to the provision of an integrated and continuous network of pathway infrastructure. The provision of a continuous network will provide Wingecarribee Shire with a unique opportunity to exploit the increasing demand for regional cycle tourism initiatives.




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Culture

The Bong Bong Common precinct is subject to a Conservation Management Plan adopted as part of the Plan of Management in 2010. The proposed walking reserve will promote community access and complement the conservation values of the area.

Governance

There are no governance issues in relation to this report.


This report outlines three (3) options with a range of engineering treatments that will be subject to consideration and the provision of additional funding allocations from Council.

Council staff have identified that additional funds may be allocated from within existing capital reserves such as the Land Rental Reserve. The allocation from 2013-2014 has been rolled over into 2014-2015 and will be considered for inclusion in the 2015-2016 delivery program.


The provision of the Phillip Street project is identified as a high priority project within the 2008 Bicycle Strategy.

OPTIONS


Option 1

The provision of a low cost design that will comply with the National Parks and Wildlife Service specifications for the construction of walking trails.

This option will require an additional funding allocation of $30,000.

Comment: This is not the preferred option as it provides for community access that may be compromised due to adverse/wet ground conditions. Additionally, the maintenance and life cycle costs associated with this option will be higher.

Option 2

The provision of an enhanced engineering embankment design which will increase the functional use and level of service for the pathway. This option will provide for an increase in accessibility during periods of wet weather and in areas affected by poor ground conditions. However, the pathway may still be affected by flooding and may be closed at such times.


Comment: This is the preferred option as it will meet the level of service expected by the community and reduce the maintenance and whole of lifecycle costs associated with the project.




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Option 3

The provision of an enhanced engineering design including boardwalks which will increase the functional use and level of service for the pathway.


Comment: This is not the preferred option as it will require a greater initial capital investment and a higher level of ongoing maintenance and life cycle cost.


CONCLUSION

The construction of the Phillip Street project is crucial to the provision of an integrated and continuous pathway network. Council has identified a range of complimentary funding streams to ensure delivery of the project.

Due to adverse site conditions alternate engineering solutions are to be considered for this project.

The recommended Option 2 will increase the level of service whilst reducing whole of lifecycle and ongoing maintenance costs.

ATTACHMENTS

1. CAD Drawing and Engineering Detail Options - circulated under separate cover




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12.5 Waste Transfer Awnings Modifications Funding

Reference: 6330/14.26.1 Report Author: Manager Business Services Authoriser: Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Minimise waste through education, promotion of

alternatives, financial incentives, prosecution of dumpers and Council’s own waste management program

PURPOSE The objective of this report is to have Council consider that funding for the modifications of the transfer bays be funded from the Domestic Waste Reserve and to allow further safety improvements and improved access to the transfer bays during this construction.

RECOMMENDATION THAT Council allocate an additional $55,000 from the Domestic Waste Reserve to fund the additional works detailed in the report.

REPORT

BACKGROUND

The Domestic Waste Transfer Bays at the Resource Recovery Centre (RRC) were not designed to allow the collection vehicles to fully unload in to the transfer vehicles below.

Council adopted the proposed tenderer, GWP Constructions Pty Ltd, to modify the Domestic Waste transfer bays 1 and 2 at the RRC. The new design will allow the collection trucks to fully open and unload the domestic waste once modifications are completed.

REPORT

The adopted resolution for the tender confirmed that the supplier to be GWP Constructions Pty Ltd and total funding for this project is to be sourced from the Domestic Waste Reserve. The total value of the construction to be completed by GWP Constructions Pty Ltd is $352,000.

Additional costs are required to meet current safety requirements to reduce fall from height risks. The current gates do not meet health, safety guidelines in preventing fall from heights due to the size of these gates. They also need to be re-positioned to allow full opening, away from falling waste from collection trucks empting to transfer vehicles below, avoiding potential damage and the need for future maintenance.

The access road behind the transfer bays requires additional repairs due to heavy truck usage. There is also a need for improved lighting, replacing failed lights in the bay area, due to age and water damage. Proposed new lighting will provide safer access of trucks reversing in to these bays during poor light conditions.




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An additional $55,000 is requested from the domestic waste reserve to complete this work during the modifications of the bays. Total funds being sought from the reserve is $407,000.

CONSULTATION


There has been no specific community engagement activities conducted.


There has been internal consultation with staff at the Resource Recovery Centre and with Council’s contractors JR Richards and Sons.


There has been no specific external consultation activities conducted.


Environment


Social




Culture


Governance



There is no budgetary impact as funds are being sourced from the Domestic Waste Reserve.


Council’s adopted Environmental Policy, in relation to waste control management.




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OPTIONS

The option available to Council is:

Option 1

Accept total cost of the modifications to the transfer bays is to be sourced from the Domestic Waste Reserve.


CONCLUSION

The modifications to the transfer bays will improve the productivity, safety and the environmental impact of the operation. The additional work will improve the safety and access of heavy vehicle movements whilst current project is occurring.

ATTACHMENTS

There are no attachments to this report.




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12.6 Mittagong Swimming Centre - Project Budget Update

Reference: 6330/14.39 Report Author: Manager Projects & Contracts Authoriser: Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Maintain strong public institutions and facilities in the

district to match the evolving needs of the community

PURPOSE To discuss issues relating to the upgrade of the electrical supply at the Mittagong Swimming Centre including a tender advertised for Level 1 electrical work.

RECOMMENDATION THAT Council adopt the recommendations contained within the Closed report in relation to the Mittagong Swimming Centre – Electrical Update – Item 22.1. OR

THAT the report concerning the Mittagong Swimming Centre – Electrical Update - be considered in Closed Council – Item 22.1.

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.

REPORT

BACKGROUND At the Ordinary meeting of Council held 24 September 2014, Council adopted the following recommendations in relation to the Mittagong Swimming Centre: 1. THAT Council note that this report identifies some potential cost items for the project

that are still to be quantified and may be the subject of a future report to Council if required.

2. THAT Council fund pool project works identified as:

(a) Ramp to 25m pool $35,200 (b) Stairs to 50m pool and ramps $25,000

(c) Balance tank repairs $63,108

(d) Concourse adjustments $60,000

for a total cost of $183,308, is funded from the remaining contingency of the pool project.




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3. THAT Council fund kiosk project variation works for a total cost of $154,450 by extending the borrowing for the pool project loan by this amount.

4. THAT Council fund kiosk appliances for a total cost of $30,000 from the existing Mittagong Swimming Centre Asset purchases budget.

5. THAT Council fund pool blankets and winch from the remaining $15,000 from the existing Mittagong Swimming Centre asset purchases budget and the remaining $60,000 by extending the borrowing for the pool project loan by this amount.

6. THAT Council confirms the funding for the additional loan repayments to be included in the September Quarterly Budget Review for consideration.


The completion of these works is in direct alignment with the best practice asset management principles articulated under the Fit For The Future model, and will improve council’s asset renewal ratio in 2015/16 and reduce the expenditure backlog within the swimming centre asset class.

CONCLUSION

These works are essential for the completion of the upgrade works at the Mittagong Swimming Centre largely due to the increased pumping requirements necessary to improve the water turnover rates of the pools to bring them more in line with the requirements of the NSW Health Department Guidelines.

ATTACHMENTS

There are no attachments to this report. Barry W Paull Deputy General Manager Operations, Finance & Risk Friday 17 July 2015




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13 CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Shire Entry and Locality Signage Update

Reference: 7415 Report Author: Deputy General Manager Corporate, Strategy &

Development Services Authoriser: Deputy General Manager Corporate, Strategy &

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

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

PURPOSE To provide Council with feedback on the consultations with Committees and external agencies in relation to the Shire Entry and Locality Signs and to recommend Council proceed with the commencement of the installation of the Shire Entry Signs and Motorway Entry Billboard Signs as Stage 1.

RECOMMENDATION 1. THAT Council notes this report and proceeds with the rolling out of the new

Shire and Locality entry signs in 2015/16 based on the designs as depicted in Attachments 1, 2 and 3 to the report.

2. THAT any further budget requirements to complete the rollout of the signage be

considered in the 2016/17 budget process.

REPORT

BACKGROUND Existing Shire entry signage is outdated and not consistent with Destination Southern Highlands branding. Council at its meeting held on 10 February 2010 via a Mayoral Minute introduced the recognition of localities throughout the Shire with signage, including the aboriginal meaning of a number of Locality names. However, Aboriginal meanings for localities could not be interpreted, which in 2012 resulted in the Aboriginal elders agreeing on wording stating ‘Land of Dharawal and Gundungurra people’.




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At a briefing to Councillors in September 2014 a report to Council was requested to formalise the adoption of signage proofs, continue the consultation process and assess budgetary implications for installation of the signage.

At its meeting 25 February 2015 Council considered a report which included the proofs for main shire entry billboards on the Motorway, rural shire entry signs on roadsides at other entry points to the shire together with locality signage and resolved as follows:

1. THAT Council endorse the creative sign proofs as attached to the report and

commence a consultation programme with key stakeholders.

2. THAT Council reaffirms its commitment to include the ‘traditional owners of the land’ statement on Locality signs.

3. THAT a report be brought back to Council following completion of consultation with

committees and external agencies, outlining any budgetary constraints and detail a plan for roll out and installation.

The proofs were for consultation with identified committees and formal submission to Roads and Maritime Services (RMS) and Tourist Attraction Signposting Assessment Committee (TASAC).

REPORT Main Shire Entry signage It is proposed to erect two (2) Shire Entry billboard signs on private property, adjacent to the northern and southern Motorway entries to the Shire. A proof for the Main Shire Entry signs is shown at Attachment 1. Rural Shire Entry signage In 2007, seven (7) new Welcome signs were installed in the road reserve areas at the key entry points to the Wingecarribee Shire bearing the new Southern Highlands branding. Following their erection several signs have encountered damage through age, vandalism and vegetation growth in and around the signs obscuring vision. In addition Council has also introduced new destination and corporate branding in 2013 which needs to be reflected in the existing Shire Welcome signs. A proof for the Rural Shire Entry sign is shown at Attachment 2. Locality signage Signage is required to clearly define entry and exit from localities and facilitate accurate reporting of emergencies and accidents. It is anticipated that 150 signs (75 back to back) are needed to adequately address these areas. There are 53 localities within the Wingecarribee Local Government Area. A design proof for Locality signs is shown at Attachment 3. .

Renewal of the existing seven rural Shire entry signs will commence by 30 August 2015.




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Site inspections for locations of the new locality signs has commenced. State roads have been identified as the priority for rollout. Staff will endeavour to locate the signs on the gazetted locality boundaries, however where this is physically not possible, the signage will be erected within 200m of locality boundaries.

Work is commencing on progressing with quotes and user agreements for the highway billboards. A site for the position of the southern entry billboard is yet to be finalised.

CONSULTATION


Community engagement has not been necessary for this project. Notwithstanding, members of the community holding positions on various committees of Council have had an opportunity to comment on the proposal.


The following Committees were consulted on this project:

Community Development Peak Committee – 5 May 2015 meeting where it was resolved that the update given to the Community Development Committee on the Wingecarribee Signage project be noted.

Tourism and Economic Development – 12 May 2015 meeting where the Committee received and noted the update.

Traffic Committee – 26 June 2015 meeting where the Committee resolved that the information be received and noted.

Arts and Culture – 30 March 2015 meeting. The matter was listed for discussion but deferred. The matter to date has not been further discussed.


Tourism Attraction Signposting Assessment Committee (TASAC) and Roads and Maritime Services (RMS) representatives considered the endorsed signage proofs at a meeting held at Council’s Civic Centre on 18 March 2015.

Rural Shire Entry signs were endorsed by TASAC and the Locality signage noted.

TASAC advised they have no jurisdiction over main billboard shire entry signs as on private property, however noted there would be an opportunity to comment through the development application process, although could see no concerns.

Other general feedback centred on ensuring the colour blue of the rural shire entry sign and locality signs were different from the RMS blue.


Environment





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Social

The locality signs are intended to facilitate accurate reporting of emergencies and accidents.


The Main Shire Entry and Rural Shire Welcome Entry Signs will confirm our region’s tourism locality and notify visitors of the region’s location and its branding. They will also act as promotional mediums for potential visitors triggering possible visitation to our Shire with economic benefits resulting from day or overnight stays.

Culture

Recognition of the traditional custodians of the land are to be shown on the Locality signs. On advice from TASAC, the identification of the traditional Aboriginal Lands has been removed from the Shire Entry Signs due to concerns on the readability.

Governance



A total of $100,000 has remained in reserve for the implementation of the Shire Signage Project which is intended to be expended in the 2015/16 financial year. It is further noted that there is a further $30,000 which is available towards the project sourced from existing recurrent budgets dedicated towards rural locality entry sign repairs and maintenance.

It is therefore proposed that the locality entry signs around the Shire will be replaced utilising funds allocated under the existing signage replacement/repair budget.

A total of $130,000 will be used in 2015/16 for the Shire Signage Project. Any additional funds required to complete the program will be considered as part of the preparation of the 2016/17 budget process if required.



OPTIONS


Option 1

Proceed with the roll out of the new Shire and Locality Entry Signs based on the designs as depicted in Attachments 1, 2 and 3.

Option 2

Council not proceed with erecting the designs of new Shire and locality entry signs as shown in Attachments 1, 2 and 3.




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CONCLUSION

RMS and TASAC have endorsed and noted the replacement and introduction of Shire Entry and Locality signage.

Consultation with relevant committees has also been undertaken with no negative feedback received.

Council will commence replacement of the Rural Entry Signs in the coming months.

A plan for installation of the remaining signage is under development.

ATTACHMENTS

1. Proof of Main Shire Entry Signs

2. Proof of Rural Shire Entry Sign

3. Proof of Locality Signs


13.1 Shire Entry and Locality Signage Update ATTACHMENT 1 Proof of Main Shire Entry Signs

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ATTACHMENT 1


13.1 Shire Entry and Locality Signage Update ATTACHMENT 2 Proof of Rural Shire Entry Sign

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ATTACHMENT 2


13.1 Shire Entry and Locality Signage Update ATTACHMENT 3 Proof of Locality Signs

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ATTACHMENT 3




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13.2 Appointment of Committee Community Representatives

Reference: 102 Report Author: Team Leader Administration Authoriser: Acting Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE On 8 May 2013, Council adopted a new committee structure and since that time a number of amendments to the structure have taken place, in addition to several Expression of Interest (EOI) processes seeking membership for the adopted committees and working groups. With a number of resignations from Community Representatives and Community Agencies, vacancies have become available and Expressions of Interest (EOIs) have been advertised. The selection panel, consisting of the Mayor, General Manager and relevant Committee Chair have met to discuss EOIs. The panels have recommended that the following Expressions of Interest for membership be considered for appointment to the various Committees stated.

Committee / Working Group

Name Community or Agency Representative

Access Committee Neil Huthnance Ability Links Agency

Arts & Culture Committee Jessica Raschke Community Representative

“ Michael Turczynski Community Representative

Community Development Committee

Sue Sainsbury Agency Representative

“ Troy Styman Community Representative

Environment & Sustainability Committee

Kevin Wale Community Representative

Risk & Audit Committee Alana Atkinson Community Representative

Seniors Working Group Barbara Giuliani Community Representative




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RECOMMENDATION 1. THAT the following Community and Agency Representatives be appointed to

the nominated Committees as below:

Committee / Working Group

Name Community or Agency Representative

Access Committee Neil Huthnance Ability Links Agency

Arts & Culture Committee

Jessica Raschke Community Representative

“ Michael Turczynski Community Representative

Community Development Committee

Sue Sainsbury Agency Representative

“ Troy Styman Community Representative

Environment & Sustainability Committee

Kevin Wale Community Representative

Risk & Audit Committee Alana Atkinson Community Representative

Seniors Working Group Barbara Giuliani Community Representative

2. THAT the successful nominees be advised in writing of this appointment and

invited to attend the next scheduled Committee Meeting. 3. THAT all unsuccessful nominees be notified in writing and thanked for their

expression of interest.

ATTACHMENTS

There are no attachments to this report. Mark Pepping Deputy General Manager Corporate, Strategy & Development Services Friday 17 July 2015



REPORT GENERAL MANAGER

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COUNCIL MATTERS

14 GENERAL MANAGER

14.1 Legal Affairs

Reference: 107/22 Report Author: General Counsel Authoriser: General Manager Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Reporting the ongoing management of legal issues since last reported to Council on 24 June 2015.

RECOMMENDATION 1. THAT the status of the legal affairs involving Council be considered in Closed

Council. 2. THAT the information relating to ongoing legal costs in Attachment 1 to the

report be noted.

REPORT

BACKGROUND This report updates the current status and costs paid during June 2015 of legal proceedings involving Council and advice obtained by Council, including those matters completed since the last report to Council. Legal proceedings involving Council and legal advice obtained by Council are confidential and attract legal professional privilege. Therefore, their status is reported in a closed report.

REPORT On 17 April 2013, Council resolved: THAT the legal costs as detailed in the Legal Affairs Report be made public in the Business Paper on an ongoing basis.

The report on the status of legal affairs involving Council contains information and advice that is privileged on the ground of legal professional privilege and contains information that, if disclosed, could confer a commercial advantage on parties with whom Council is conducting business (including opposing parties in litigation). Therefore, it is recommended that the report be considered by Council in Closed Committee pursuant to sections 10A(2)(c) and 10A(2)(g) of the Local Government Act 1993.




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For the purpose of preserving privacy, some matters in Attachment 1 have been described in general terms. Should any Councillor have a specific enquiry regarding the costs reported, they should raise it in Closed Council.

CONSULTATION

Community Engagement There was no community engagement in the matters reported.

Internal Consultation Staff and management provide information, as required, to assist the progress of the matters reported and General Counsel reviews and provides instructions, as necessary, on various aspects of the matters reported.

External Consultation Solicitors from Council’s Legal Panel provide advice and conduct legal proceedings on Council’s behalf.


Environment

There are no environmental issues in relation to this report. However, some legal proceedings may deal with unauthorised works or activities which have had or could have an environmental impact.

Social




Culture


Governance

There is a strong community expectation in relation to enforcement and compliance actions of Council. Actions taken are in line with Council’s Compliance and Enforcement Policy.

COUNCIL BUDGET IMPLICATIONS There are ongoing legal expenses relating to legal proceedings involving Council and legal advice obtained by Council. Attachment 1 shows the legal costs paid by Council during the month of June 2015 and, for those matters only, in the previous financial year and the 2014/2015 financial year (subject to EOFY adjustments) and for the life of the matter.




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Council’s Compliance and Enforcement Policy.

ATTACHMENTS

1. Legal costs June 2015 Ann Prendergast General Manager Friday 17 July 2015


14.1 Legal Affairs ATTACHMENT 1 Legal costs June 2015

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ATTACHMENT 1

June 2015 YTD MATTER 2013/2014 LIFE

$ $ $ $ Court Proceedings

723.50 117,615.91 WSC ats Alcide DeAngelis (Court of Appeal) 140,946.75 320,769.22

999.00 25,229.77 WSC v Gadeley - development w/o consent (Local Court) 25,229.77

222.00 3,772.50 Griffiths v WSC - GIPA appeal (NCAT) 3,772.50

Advice 1,492.80 19,664.30 Highlands Golf Course 19,664.30

13,443.48 52,595.98 VPAs – Darraby, Douglas Road, Renwick & Nattai Ponds 52,595.98

$688,503.22 - Total legal costs paid from 1 July 2014 to 30 June 2015 (subject to EOFY adjustments) $725,279.77 – Total legal costs paid from 1 July 2013 to 30 June 2014



COMMITTEE REPORTS

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18 COMMITTEE REPORTS

18.1 Minutes of the Heritage Committee held on Friday, 26 June 2015

Reference: 107/16 Report Author: Heritage Land Use Planner Authoriser: Group Manager Planning, Development & Regulatory

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

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

PURPOSE This report provides the Minutes of the Heritage Committee Meeting held on 26 June 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION There are three (3) Committee recommendations that require Council adoption as follows: 1. Confirmation of the minutes of the previous meeting

HC 14/15 THAT the minutes of the Heritage Committee Meeting held on Friday 10 April 2015 numbered HC 06/15 to HC 12/15 inclusive and adopted by Council on 13 May 2015, be confirmed as a correct record of the proceedings of the meeting, subject to the amendment of HC 12/15 to read “THAT the Heritage Committee notes the amenity of the area will be reduced by the proposed Hospice at 11 Edward Street, Bowral, and this will likely have a longer-term impact on the heritage values of the Bowral Conservation Area”.

2. Canary Island Date Palm in the Grounds of the Bundanoon Hotel, 6-18 Erith Street, Bundanoon HC 15/15 THAT the Heritage Committee supports the retention of the Canary Island Date Palm on the site of the Bundanoon Hotel at 6-18 Erith Street, Bundanoon, AND THAT Endeavour Energy’s proposal to rearrange the power poles along the northern side of Erith Street to retain the palm tree and the oak tree is supported AND THAT Endeavour Energy be informed of the Committee’s recommendation.

3. Cricket Pitch, Community Hospice site, 11 Edward Street, Bowral

HC 17/15 THAT the significance of the cricket pitch on the site of the Bowral Community Hospice at 11 Edward Street, Bowral, needs to be investigated before any approval is issued.



COMMITTEE REPORTS

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RECOMMENDATION THAT recommendations Nos HC 13/15 to HC 17/15 – as detailed in the Minutes of the Heritage Committee Meeting held on 26 June 2015 be adopted, save for any items which have budgetary implications AND THAT action on any item with budgetary implications be delayed, pending consideration by the Finance Committee.

ATTACHMENTS

1. Minutes of the Heritage Committee Meeting held on Friday, 26 June 2015.


18.1 Minutes of the Heritage Committee held on Friday, 26 June 2015 ATTACHMENT 1 Minutes of the Heritage Committee Meeting held

on Friday, 26 June 2015.

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ATTACHMENT 1




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COMMITTEE REPORTS

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18.2 Minutes of the Community Development Committee held on Tuesday, 7 July 2015

Reference: 1800/58 Report Author: Community Development Coordinator Authoriser: Acting Group Manager Corporate & Community Link to Corporate Plan: Engage the under-represented in the life and decision

making of the Shire

PURPOSE This report provides the Minutes of the Community Development Committee Meeting held on Tuesday, 7 July 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION

CDC 12/15:

To appoint Ms Sue Sainsbury Manager of the Highlands Community Centres as an additional Agency Representative for the Community Development Committee.

Expressions of Interest be readvertised seeking additional community representatives for Young People, People from Linguistically Diverse Communities, Children and Families and one Agency Representative.

RECOMMENDATION THAT recommendations Nos CDC09/15 to CDC15/15 – as detailed in the Minutes of the Community Development Committee Meeting held on 7 July 2015 be adopted, save for any items which have budgetary implications AND THAT action on any item with budgetary implications be delayed, pending consideration by the Finance Committee.

ATTACHMENTS

1. Minutes of the Community Development Committee Meeting held on Tuesday, 7 July 2015



ATTACHMENT 1 Minutes of the Community Development Committee Meeting held on Tuesday, 7 July 2015

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ATTACHMENT 1




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NOTICES OF MOTION

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20 NOTICES OF MOTION

20.1 Notice of Rescission of Resolution 07/2015 - Demolition of the Former Mittagong Bowling Club

Reference: 100/5, 6330/14.36 Report Author: Administration Officer Authoriser: Acting Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Councillors Ian Scandrett, Graham McLaughlin and Garry Turland have given notice that it is their intention to move the following Notice of Rescission of Resolution at the Ordinary Meeting of Council on 22 July 2015: THAT the motion passed by Council on Wednesday, 8 July 2015 being Item Number 20.5 – Notice of Motion 34/2015 – Demolition of the Former Mittagong Bowling Club, Minute Number MN 363/15, be rescinded.

RECOMMENDATION

Submitted for determination.

Should the above motion of rescission be carried, we hereby give notice of our intention to move the following motion:

THAT the demolition of the Former Mittagong Bowling Club motion 20.5 be rescinded because of further information and question about the procedure to date.



CLOSED COUNCIL

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22. CLOSED COUNCIL

MOVING INTO CLOSED SESSION

Section 10A of the Local Government Act 1993, empowers Council and Committees of which all the members are Councillors to close a part of a meeting in certain circumstances in accordance with the requirements of the Act, and relevant Regulations and Guidelines.

Subject to the provisions of Section 10 of the Act, so much of a meeting may be closed as comprises certain information as outlined in Section 10A(2).

However, the Act also contains the following provisions qualifying the use of Section 10A(2).

Section 10B

1. [Time spent closed to be minimised] A meeting is not to remain closed during the discussion of anything referred to in section 10A(2):

a. Except for so much of the discussion as is necessary to preserve the relevant confidentiality, privilege or security, and

b. If the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret-unless the council or committee concerned is satisfied that discussion of the matter in an open meeting would, on balance, be contrary to the public interest.

2. [Qualification of 10A(2)(g)] A meeting is not to be closed during the receipt and consideration of information or advice referred to in section 10A(2)(g) unless the advice concerns legal matters that:

a. are substantial issues relating to a matter in which the council or committee is involved, and

b. are clearly identified in the advice, and

d. are fully discussed in that advice.

3. [Qualification of 10A(3)] If a meeting is closed during the discussion of a motion to close another part of the meeting to the public (as referred to in section 10A(3)), the consideration of the motion must not include any consideration of the matter or information to be discussed in that other part of the meeting (other than consideration of whether the matter concerned is a matter referred to in section 10A(2)).

4. [Irrelevant matters] For the purpose of determining whether the discussion of a matter in an open meeting would be contrary to the public interest, it is irrelevant that:

a. a person may misinterpret or misunderstand the discussion, or

b. the discussion of the matter may:

(i) cause embarrassment to the council or committee concerned, or to Councillors or to employees of the council, or

(ii) cause a loss of confidence in the council or committee.

Attention is also drawn to provisions contained in Part 7 of Council’s Code of Meeting Practice.

Director General’s Guidelines

The Director General of the Department of Local Government has issued guidelines concerning the use of Section 10 of the Act. A copy of the Director General’s guidelines has been sent to all Councillors. Section 10B(5) of the Act requires that council have regard to these guidelines when considering resolving into Closed Session.



CLOSED COUNCIL

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REPRESENTATIONS FROM THE PUBLIC At this juncture, the Mayor will offer the opportunity to members of the public to make representations to Council as to whether any items of the Closed Council should not be considered in Closed Council.

RECOMMENDATION 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:

22.1 Mittagong Swimming Centre - Electrical Update

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 To discuss issues relating to the upgrade of the electrical supply at the Mittagong Swimming Centre including a tender advertised for Level 1 electrical work.

22.2 Legal Affairs

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 Reporting the ongoing management of legal issues since last reported to Council on 24 June 2015.

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

Council’s resolution) be made public.



CLOSED COUNCIL

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Ann Prendergast General Manager Friday 17 July 2015

agenda of ordinary meeting of council - 22 july 20152015/07/22 · 3.32pm opening prayer –...

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