MINUTES

 

 

Ordinary Council Meeting

 

18 November 2019

 

 


Ordinary Council Meeting Minutes

18 November 2019

 

Order Of Business

1          Opening. 4

2          Recording of the Meeting. 4

3          Webcast Notice. 4

4          National Anthem.. 4

5          Acknowledgement of Country. 4

6          Apologies and Leave of Absence Requests. 4

7          Declaration of Interest 4

8          Confirmation of Minutes. 5

9          Items to be Tabled. 5

10       Mayoral Minute. 5

10.1          Mayoral Minute. 5

10.2          Mayoral Minute - State Government Funding for NSW Public Libraries. 6

          Items by Exception

13.1          Repeal of the Requirements for Works Affecting Watercourses Policy. 8

15.2          Western Sydney Health Alliance - Western Sydney City Deal 9

15.4          Review of Debt Recovery Policy. 10

15.5          Investment of Funds as at 30 September 2019. 11

17.1          Benefit of Easement within Lot 100 DP 1175654 Oaks Street (Off Penny Lane), Thirlmere - Future Carpark. 12

17.2          Acquisition of Land for Public Purpose - Ruddocks Road, Lakesland. 13

11       Sustainable and Balanced Growth. 16

11.1          Draft Community Participation Plan. 16

11.2          Update - Heritage matters in Appin and Warragamba. 17

12       Management and Provision of Infrastructure. 18

12.1          Traffic Management Upgrades - Warragamba Permissible Parking Scheme Trial & 2019 Warragamba Carols. 18

13       Caring for the Environment 19

14       Looking after the Community. 19

14.1          Review of Council's Communications Strategies. 19

14.2          Review of the Tourism and Economic Development Strategies. 20

15       Efficient and Effective Council 21

15.1          Establishment of Wollondilly Office of Integrity. 21

15.3          Western Parkland Councils' Governance Arrangements. 22

15.6          Audit, Risk and Improvement Committee (ARIC) - Appointment of External Member 23

15.8          Endorsement of the 2018/19 Annual Report 24

15.9          Quarterly Budget Review Statement for the period ended 30 September 2019. 25

 

 

16       Notice of Motion/Rescissions. 26

No reports this meeting

17       Closed Reports. 26

17.3          Code of Conduct Complaint - Conduct Reviewer's Report 26

18       Questions for Next Meeting. 28

No reports this meeting

 

 


Ordinary Council Meeting Minutes

18 November 2019

 

MINUTES OF Wollondilly Shire Council
Ordinary Council Meeting
held at the
Council Chamber, 62-64 Menangle Street, Picton NSW 2571
on
Monday, 18 November 2019 at 6.30 pm

 

PRESENT:              Cr Judith Hannan, Cr Robert Khan, Cr Blair Briggs, Mayor Matthew Deeth, Cr Matthew Gould, Cr Simon Landow, Cr Noel Lowry, Cr Michael Banasik (6.50pm)

IN ATTENDANCE:      Chief Executive Officer, Executive Director Community & Corporate, Director Planning, Director Infrastructure & Environment, Acting Manager Governance, Assistant Director People, Legal & Governance, General Counsel, and two Minute Takers

 

1            Opening

2            Recording of the Meeting

In accordance with Council’s Code of Meeting Practice the electronic recording of the Council Meeting and the use of electronic media during the proceedings is not permitted. This includes devices such as laptops, mobile phones, tape recorders and video cameras.

3            Webcast Notice

Members of the public are advised that open sessions of this meeting are webcast live for public viewing on Council’s website. Audio and video footage taken is of the Chambers only; your image and voice will not be recorded if you remain quietly within the public gallery.

4            National Anthem

5            Acknowledgement of Country

The Mayor acknowledged the traditional Custodians of the Land:

 

I would like to pay my respect and acknowledge the traditional custodians of the land on which this meeting takes place, and also pay respect to the Elders both past and present.

6            Apologies and Leave of Absence Requests 

An apology from Cr Smith was noted for this meeting.

7            Declaration of Interest

Cr Landow declared a Pecuniary Conflict of Interest in Item 11.2 - Update on Heritage Matters in Appin and Warragamba as he owns land within this precinct. Cr Landow stated that he would leave the meeting during this Item and not vote on the matter.

 

 

 

 

 

 

8            Confirmation of Minutes

Resolution  246/2019

Moved:       Cr Blair Briggs

Seconded:  Cr Robert Khan

That the minutes of the Ordinary Council Meeting held on 21 October 2019 and the Closed Council Meeting held on 21 October 2019 be confirmed.

 

On being put to the meeting the motion was declared CARRIED 7/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 

 

9            Items to be Tabled

§  Disclosure of Interest Register 2018/19

§  Disclosure of Interest Register 2019/20

§  Current list of projects comprising the Capital Works Program – Item 15.9

10          Mayoral Minute

10.1       Mayoral Minute

Resolution  247/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Matthew Gould

That Council:

1.   Note the update on key events attended by the Mayor or Councillors over the past month as outlined in Attachment 1.

 

2.   Approve the sponsorship and donation requests detailed in Attachment 1.

 

3.   Congratulate Cr Michael Banasik who has been re-elected onto the Executive of the NSW Association of Mining and Energy Related Council.

 

On being put to the meeting the motion was declared CARRIED 7/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 

 

10.2       Mayoral Minute - State Government Funding for NSW Public Libraries

Resolution  248/2019

Moved:       Mayor Matthew Deeth

1.       That Council make representation to the local State Member Nathanial Smith in relation to the need for a sustainable state funding model for the ongoing provision of public library services.

 

2.       That Council write to the Hon. Don Harwin, Minister for the Arts and the Hon. Walt Secord, Shadow Minister for the Arts, calling for bi-partisan support for Consumer Price Index (CPI) indexation of state funding for NSW public libraries, as well as legislation of all elements of the 2019-20 to 2022-23 NSW state funding model.

 

3.       That Council take a leading role in lobbying for sustainable state government funding for libraries.

 

4.       That Council endorse the distribution of the NSW Public Libraries Association  sustainable funding advocacy information in Council libraries, as well as involvement in any actions proposed by the Association.

 

On being put to the meeting the motion was declared CARRIED 7/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 

 

 

The Mayor stated that he would like to consider Items to be dealt with by exception.

 

Suspension of Standing Orders

Resolution  249/2019

Moved:       Mayor Matthew Deeth

That Council suspend standing orders to deal with Items by Exception.

 

On being put to the meeting the motion was declared CARRIED 7/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 

 

The Mayor advised that the intention of Items by Exception is to reduce the length of the Council meetings, in the public interest, in order to be able to spend more time on significant or cultural items of business.

 

 

The Mayor went through all items of business to determine the items to be dealt with by exception ie: block resolve and requested Councillors identify any individual items of business (by item number) where they intend to speak/debate or move an Alternate Motion.

 

Councillors called out the matters which they wanted withdrawn.

 

Councillors were reminded of the need to declare any conflicts of interest, if they hadn’t done so already.

 

items by exception

Resolution  250/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Robert Khan

That the Items 13.1, 15.2, 15.4, 15.5, 17.1 & 17.2 be adopted by exception as per the recommendation in the business paper.

         

On being put to the meeting the motion was declared CARRIED 7/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 

 


 

 

13.1       Repeal of the Requirements for Works Affecting Watercourses Policy

Resolution  251/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Robert Khan

That the Requirements for Works Affecting Watercourses Policy be repealed.

 

On being put to the meeting the motion was declared carried 7/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 


 

 

15.2       Western Sydney Health Alliance - Western Sydney City Deal

Resolution  252/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Robert Khan

That Council

1.       Enter into a high level Memorandum of Understanding (MoU) reflecting principles of place-based and local strategies focused on planning for good health and delivering great health outcomes between eight Western Sydney City Deal Council’s and the Nepean Blue Mountains Local Health District and Primary Health Network and the South Western Sydney Local Health District and Primary Health Network.

2.       Note further targeted consultation will be undertaken on the implementation approach for the Health Alliance and this will be tabled at the Western Sydney City Deal Implementation Board early in 2020.

3.       Note that Wollondilly Shire Council led on this initiative which was based upon the Wollondilly Health Alliance. 

 

On being put to the meeting the motion was declared carried 7/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 


 

 

15.4       Review of Debt Recovery Policy

Resolution  253/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Robert Khan

That the amended Debt Recovery Policy be adopted.

 

On being put to the meeting the motion was declared carried 7/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 


 

 

15.5       Investment of Funds as at 30 September 2019

Resolution  254/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Robert Khan

That the information and certification in relation to the investment of Council funds as at 30 September 2019 be noted.

 

On being put to the meeting the motion was declared carried 7/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 


 

 

The following closed items were dealt with as Items by Exception in open Council.

 

17.1       Benefit of Easement within Lot 100 DP 1175654 Oaks Street (Off Penny Lane), Thirlmere - Future Carpark

Resolution  255/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Robert Khan

That:

1.      Council enters into an agreement for an easement in gross over Council owned land located off the lane known as Penny Lane Thirlmere, Lot 100 DP 1175654 Oaks Street, Thirlmere, which has an approximate area of 360m2, in exchange for $100,800 in compensation and to authorise the Chief Executive Officer and Mayor to execute all necessary documents in relation to the easement including those documents which require the Common Seal of Council.

2.      The agreement to establish the easement is subject to the execution of the proposed Voluntary Planning Agreement.

3.      If animals are observed using the property in the future, removal and relocation of the animals will be the responsibility of the developer.

4.      The applicant be advised that nothing in this resolution fetters Council’s right to decline to enter into the easement.

 

On being put to the meeting the motion was declared carried 7/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 


 

 

17.2       Acquisition of Land for Public Purpose - Ruddocks Road, Lakesland

Resolution  256/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Robert Khan

That:

1.      Council resolve to acquire the Land under Sections 177(1), 178(1) and 203 of the Roads Act 1993 (“Roads Act”) and Section 30(1) of Land Acquisition (Just Terms Compensation) Act 1991 (“Just Terms Act”) to facilitate the compulsory acquisition process by agreement and to authorise the Chief Executive Officer and Mayor to execute all necessary documents in relation to the acquisition of Part Lot 23 DP 751270, Ruddocks Road, Lakesland for road widening purposes.

2.      Adopts the compensation for the land at a rate of $8/m2 and disbursements of $17,325 including GST.

3.      An application be made to the Minister for Local Government and to the Governor for approval to acquire land known as Part Lot 23 DP 751270 Ruddocks Road, Lakesland for the issue of a proposed Acquisition Notice under Division, Part 2 of the Just Terms Act, where required.

4.      In its application to the Minister for Local Government and to the Governor, Council request the Minister for Local Government approve a reduction in the notification period from 90 days to 30 days, where required.

5.      On acquisition, the land is to be dedicated as public road in accordance with the Roads Act 1993

 

 

On being put to the meeting the motion was declared carried 7/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 

 


 

 

Resumption of Standing Orders

Resolution  257/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Matthew Gould

A motion was moved that Council resume standing orders.

 

On being put to the meeting the motion was declared CARRIED 7/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 

 

Suspension of Standing Orders

Resolution  258/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Judith Hannan

That Council suspend standing orders to deal with Item 15.7.

 

On being put to the meeting the motion was declared CARRIED 7/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 

 

 

 

 

 

 


 

 

At 6:50 pm, Cr Michael Banasik joined the meeting.

Council’s Auditor, Luke Malone of Prosperity Audit Services took the CEO’s chair to present the 2018-19 Annual Financial Statements.

15.7   Presentation of 2018-19 Annual Financial Statements to the Public

Resolution  259/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Blair Briggs

That:

1.       Council receive the audited Annual Financial Statements for the year ended 30 June 2019

2.       Council thank the NSW Audit Office and Prosperity Audit Services teams for the services provided.

3.       Any public submissions on the audited Annual Financial Statements be received up until the close of business Monday 25 November 2019.

4.       Any public submissions received by the due date are to be referred to the NSW Audit Office.

5.       The audited Annual Financial Statements be included in the 2018/19 Annual Report

6.       The 2018/19 Annual Report be provided to the Minister by 30 November 2019 as prescribed by the Local Government Act 1993.

7.       The 2018/19 Annual Report be made available to the general public by posting on Council’s website.

On being put to the meeting the motion was declared CARRIED 8/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Michael Banasik, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 

Resumption of Standing Orders

Resolution  260/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Matthew Gould

That Council resume standing orders.

 

On being put to the meeting the motion was declared CARRIED 8/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Michael Banasik, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil


 

11          Sustainable and Balanced Growth

11.1       Draft Community Participation Plan

Resolution  261/2019

Moved:       Cr Matthew Gould

Seconded:  Cr Judith Hannan

That Council:

1.       Adopts the draft Wollondilly Community Participation Plan to be effective from 1 December 2019 with the following amendments:

a.         The inclusion of a clear statement that the overarching aim of community participation is to gather feedback from the community on key strategic planning documents, planning proposals and development applications to inform Council’s and relevant planning panels’ decision-making process.

 

b.         The inclusion of a requirement for a hard copy of all strategic planning documents, planning proposals and any development applications that are significant or generating community interest (where Council is the consent authority or running a planning process) to be provided at:

i.        Warragamba Silverdale Neighbourhood Centre for strategic planning documents and proposals or applications in Warragamba, Silverdale, Werombi or the Wallacia parts of Wollondilly;

ii.       Yerranderie Village for strategic planning documents and proposals or applications in Yerranderie or the parts of the locality of Blue Mountains National Park within Wollondilly;

iii.      An appropriate location in Appin for strategic planning documents and proposals or applications in Appin, and

iv.      The Wollondilly Library including mobile library.

c.         Any such changes need to ensure that the community participation plan contains all the relevant provisions currently contained in the Advertising Policy GOV0019.

2.       Notifies the Department of Planning, Industry & Environment of Council’s decision;

3.       Repeals Council’s current Advertising Policy GOV0019; and

4.       Amends the Wollondilly Development Control Plan 2016 to remove the existing part 4 of Volume 1 (Community Engagement) and exhibits for 28 days in accordance with Clause 18 of the Environmental Planning & Assessment Regulation 2000.

5.       When any submissions of a petition are made that a note of the number of signatures is attached.


 

On being put to the meeting the motion was declared CARRIED 8/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Michael Banasik, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil


 

 

At 7:08pm, Cr Simon Landow left the meeting due to a previoulsy declared Conflict of Interest in this Item.

11.2       Update - Heritage matters in Appin and Warragamba

Resolution  262/2019

Moved:       Cr Matthew Gould

Seconded:  Cr Judith Hannan

1.       That the information in this report be noted.

 

2.       That funding for a shire wide heritage study be referred to the strategic resourcing advisory committee for consideration in the 2020/2021 budget.

 

3.       That if funding for a shire wide heritage study not be supported in the 2020/2021 budget that funding targeted heritage studies in Appin, Thirlmere and Warragamba be considered as a priority by the strategic resourcing advisory committee for consideration in the 2020/2021 budget.


 

On being put to the meeting the motion was declared CARRIED 7/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Michael Banasik, Blair Briggs, Matthew Deeth, Matthew Gould and Noel Lowry

Against:           Nil

 

 


 

 

12          Management and Provision of Infrastructure

At 7:11pm, Cr Simon Landow returned to the meeting.

12.1       Traffic Management Upgrades - Warragamba Permissible Parking Scheme Trial & 2019 Warragamba Carols

Resolution  263/2019

Moved:       Cr Matthew Gould

Seconded:  Cr Judith Hannan

That the Minutes of the Traffic Committee Meeting held on 8 October 2019 and the 12 November 2019 be received and the following recommendations be adopted:

1.       LTC Recommendation 1.2 - Warragamba Permissible Parking Scheme

·                The Committee reaffirmed its support of the implementation of a trial installation of permissible parking signs at selected narrow streets in Warragamba at Third Street, Twelfth Street and Thirteenth Street

·                Community engagement and education be carried out prior to the implementation of the trial

·                At the completion of the six month trial, the results will be discussed with the Local Traffic Committee regarding the merits of extension or expansion or removal of the Permissible Parking Scheme.

 

2.       That the community engagement and education for the Warragamba Permissible Parking Scheme include but not be limited to:

·                Confirmation that distances shown on the signs are minimum distances only. Highlighting that vehicles are able to park fully on the verge as they do now so long as there is an area at least 1.8m wide of clear space somewhere between the kerb and property boundary.

·                Vehicles that are able to park fully on the verge do not need to leave any clearance between their vehicle and the next vehicle, but must still have at least 1m clearance around fire hydrants and stop valves.

·                For those properties where vehicles can’t park fully on the verge because they are unable to meet the 1.8m wide clearance requirement, vehicles are able to straddle the kerb to meet the 1.8m verge clearance requirement so long as there is still at least 3.5m of clear road next to them.

·                Vehicles that straddle the kerb would no longer have to leave 10m between vehicles that were on the same side of the road but would need to leave 10m between a vehicle straddling the kerb on the opposite side of the road and would also have to give 1 metre clearance around fire hydrants and stop valves.

 

3.         Approve the temporary road closure of Civic Centre Circuit between Fourteenth Street and Weir Road, Warragamba on Saturday, 30 November 2019 from 13.00hrs to 23.00hrs to facilitate the holding of the event “Carols in the Park 2019” in the Warragamba Town Hall and Warragamba Memorial Park, Warragamba subject to the requirements for the issuing of a permit for “Road Event – Road Closure”.

On being put to the meeting the motion was declared CARRIED 8/0

In Favour:       Crs Judith Hannan, Robert Khan, Michael Banasik, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 

13          Caring for the Environment

Item - 13.1 Repeal of the Requirements for Works Affecting Watercourses Policy - has been moved to another part of the document.

 

14          Looking after the Community

At 7:17pm, Cr Matthew Gould left the meeting and returned at 7:18pm.

14.1       Review of Council's Communications Strategies

Resolution  264/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Blair Briggs

That Council:

1.       Endorse the attached Communications Action Plans to improve Council’s engagement with the Community.

2.       Allocate $25,000 through the September 2019 QR to commence implementation of the Communications Action Plans.

3.       Not proceed with any further independent review of Council’s communications strategies at this stage.

4.       Request CEO identify KPIs to measure progress of communications action plans and report these to Council via a briefing paper, with a particular focus on roads renewal and sustainable management of growth.

 

On being put to the meeting the motion was declared CARRIED 8/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Michael Banasik, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 


 

 

At 7:22pm, Cr Robert Khan left the meetingand returned to the meeting at 7.27pm.

14.2       Review of the Tourism and Economic Development Strategies

Resolution  265/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Michael Banasik

That Council:

1.       Request that the CEO review the proposed project milestones and deliverables to improve where possible the timeline and delivery of 2 short walks prior to June 2020 in line with the 19/20 Operational Plan.

 

2.       Not proceed with an independent review of Councils Tourism and economic strategies, rather a monthly briefing paper be provided by the CEO to Council as to the progress of all 3 projects.

 

3.       That a priority list of tourism projects be developed and visualised, similar to the roads capital works 5 year plan.

 

4.       Request a briefing in early 2020 on local place based activities that can support local businesses and jobs.

 

On being put to the meeting the motion was declared CARRIED 8/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Michael Banasik, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 


 

 

15          Efficient and Effective Council

15.1       Establishment of Wollondilly Office of Integrity

Resolution  266/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Judith Hannan

1.       That Council endorse the Chief Executive Officer establishing the Office of Integrity.

2.       That the framework and the specific criteria for the role of the Office of Integrity operation be the subject of a future Councillor Briefing to ensure alignment with Council and community expectations.

 

On being put to the meeting the motion was declared CARRIED 8/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Michael Banasik, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 

Item - 15.2 Western Sydney Health Alliance - Western Sydney City Deal - has been moved to another part of the document.


 

 

At 7:39pm, Cr Michael Banasik left the meeting.  At 7:41 pm, Cr Michael Banasik returned to the meeting.

15.3       Western Parkland Councils' Governance Arrangements

Resolution  267/2019

Moved:       Cr Judith Hannan

Seconded:  Mayor Matthew Deeth

That Council:

1.       Notes the information contained in the report on long-term governance arrangements for the Western Parkland Councils.

2.       Formally enter into an alliance with the Western Parkland Councils in accordance with the draft Deed of Agreement and Section 355 of the Local Government Act 1993.

3.       Contribute $40,000 annually towards resourcing the Western Parkland Councils as outlined in the report.

4.       Nominate the Deputy Mayor to be appointed as an alternate representative on the Western Parkland Councils’ Mayoral Forum should the Mayor be unavailable.

 

On being put to the meeting the motion was declared CARRIED 7/1

 

In Favour:       Crs Judith Hannan, Robert Khan, Michael Banasik, Blair Briggs, Matthew Deeth, Simon Landow and Noel Lowry

Against:           Cr Matthew Gould

 

Item - 15.4 Review of Debt Recovery Policy - has been moved to another part of the document.

 

Item - 15.5 Investment of Funds as at 30 September 2019 - has been moved to another part of the document.


 

 

15.6       Audit, Risk and Improvement Committee (ARIC) - Appointment of External Member

Resolution  268/2019

Moved:       Cr Judith Hannan

Seconded:  Cr Blair Briggs

 

That Council endorse the appointment of Ms Julie Walton to the Audit Risk Improvement Committee.

 

On being put to the meeting the motion was declared CARRIED 8/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Michael Banasik, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 


 

 

15.8       Endorsement of the 2018/19 Annual Report

Resolution  269/2019

Moved:       Cr Blair Briggs

Seconded:  Cr Robert Khan

 

1.       That Council endorse the 2018/19 Annual Report for submission to the Office of Local Government.

 

On being put to the meeting the motion was declared carried 8/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Michael Banasik, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 


 

 

At 7:51pm, Cr Judith Hannan left the meeting and returned at 7:52pm.

15.9       Quarterly Budget Review Statement for the period ended 30 September 2019

Resolution  270/2019

Moved:       Cr Matthew Gould

Seconded:  Cr Blair Briggs

1.   That the Quarterly Budget Review Statement for the period ending 30 September 2019 and proposed adjustments to the 2019/20 budget estimates, be adopted.

2.   That the information provided in the tabled "Current List of Projects Comprising the Capital Works Program" be noted.

 

On being put to the meeting the motion was declared carried 8/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Michael Banasik, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 


 

16          Notice of Motion/Rescissions

No reports this meeting

17          Closed Reports

Item - 17.1 Benefit of Easement within Lot 100 DP 1175654 Oaks Street (Off Penny Lane), Thirlmere - Future Carpark - has been moved to another part of the document.

Item - 17.2 Acquisition of Land for Public Purpose - Ruddocks Road, Lakesland - has been moved to another part of the document.

The Mayor advised there is one confidential item of business to be discussed this evening and stated that the matter and information is referred under S10A(2) of the Local Government Act clauses:

(i)  alleged contraventions of any code of conduct requirements applicable under section 440.

The Mayor stated that under section 10A(4) of the Local Government Act 1993 the public are invited to make representations to the Council meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed.

 

No representations were received.

Resolution  271/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Matthew Gould

 

1.         That Council considers the confidential report(s) listed below in a meeting closed to the public in accordance with Section 10 A(2) of the Local Government Act 1993:

17.3       Code of Conduct Complaint - Conduct Reviewer's Report

This matter is considered to be confidential under Section 10A(2)(i) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with alleged contraventions of any code of conduct requirements applicable under section 440

There will be discussion in relation to the Code of Conduct Reviewers investigation and recommendations.

2.         That pursuant to Section 10A(1) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2).

3.         That the correspondence and reports relevant to the subject business be withheld from access to the media and public as required by Section 11(2) of the Local Government Act 1993.

 

On being put to the meeting the motion was declared carried 8/0

 

In Favour:       Crs Judith Hannan, Robert Khan, Michael Banasik, Blair Briggs, Matthew Deeth, Matthew Gould, Simon Landow and Noel Lowry

Against:           Nil

 

Council moved into closed session at 7.54pm. The public left the chambers. 

 

The Ordinary meeting re-opened to the public and media at 9.25pm with Cr’s Banasik, Briggs, Gould, Landow, Hannan, Khan, the CEO, Legal Counsel, Acting Manager Governance, and three Administrative Officers present.

The Deputy Mayor took the Chair and read out the resolutions adopted in respect to Items 17.1 and 17.2 dealt with by exception earlier in the meeting and Item 17.3 from the closed session.

 

In respect of Item 17.3 – Code of Conduct Complaint - Conduct Reviewer's Report

 

1.       That Council notes in the public minutes that Council considered a report from an external Code of Conduct Reviewer in relation to alleged inappropriate conduct by Councillor Lowry where he brought Council into disrepute and repeatedly breached the Code of Conduct by making inappropriate, unethical and improper public comments with regards to staffing matters. These comments were made after these concerns had previously been independently reviewed through the appropriate mechanisms and Councillor Lowry was aware that these matters were found to have been managed appropriately.

 2.      That Council notes its commitment to the highest ethical standards and acting in a manner consistent with the adopted Code of Conduct. Further that as elected representatives of the community Councillors should be held to high standards of behaviour, particularly with regards to accountability and transparency in the discharge of their duties.

 3.      That Council accepts the Code of Conduct Reviewer’s report and notes the findings that Councillor Lowry breached Council’s Code of Conduct in respect of eight separate counts of misconduct and that one additional act of misconduct was not substantiated.

 4.      That after reviewing the Code of Conduct Reviewer’s Report:

a)      Council finds Councillor Lowry committed misconduct as defined under section 440F of the Local Government Act and breached Clause 3.1(a) of Council’s Code of Conduct by conducting himself in a manner likely to bring council into disrepute. Council formally censures Councillor Lowry for this misconduct under section 440G of the Local Government Act.

b)      Council finds Councillor Lowry committed misconduct as defined under section 440F of the Local Government Act and breached Clause 3.1(a) of Council’s Code of Conduct by conducting himself in a manner likely to bring a council official into disrepute. Council formally censures Councillor Lowry for this misconduct under section 440G of the Local Government Act.

c)      Council finds Councillor Lowry committed two counts of misconduct as defined under section 440F of the Local Government Act and breached Clause 3.1(c) of Council’s Code of Conduct in two instances by engaging in improper conduct. Council formally censures Councillor Lowry for this misconduct under section 440G of the Local Government Act.

d)      Council finds Councillor Lowry committed two counts of misconduct as defined under section 440F of the Local Government Act and breached Clause 3.1(c) of Council’s Code of Conduct in two instances by engaging in unethical conduct. Council formally censures Councillor Lowry for this misconduct under section 440G of the Local Government Act.

e)      Council finds Councillor Lowry committed misconduct as defined under section 440F of the Local Government Act and breached Clause 3.12(b) of Council’s Code of Conduct by failing to take reasonable care to ensure his actions did not adversely affect the health and safety of other persons and doing so in a way detrimental to the pursuit of the charter of council. Council formally censures Councillor Lowry for this misconduct under section 440G of the Local Government Act.

 

 5.      That whilst Council condemns the statements made by Councillor Lowry, Council does not accept the Code of Conduct Reviewers recommendation relating to Allegation 3 alleging that Councillor Lowry provided unauthorised comments to the media on an issue linked to a council activity in a way detrimental to the pursuit of the charter of council. Council finds this allegation is not substantiated because:

a)         Councillors are entitled to appropriately express personal opinions to media provided they do not purport to be expressing the view of Council. Councillor Lowry did not present his view as the position of Council.

 

b)         The allegation is predicated on the fact that Councillor Lowry breached the Media Liaison Administrative Protocol. Unlike Council policies, Administrative Protocols do not apply to Councillors and as such no breach could occur.

 

6.       That for each count of misconduct outlined under point 4 above Council refer the Conduct Reviewer’s report to the Office of Local Government pursuant to Clause 7.59(i)(ii) of the Procedures for Administration of the Code of Conduct, for further action as appropriate under sections 440H and 440I of the Local Government Act. Council makes this referral noting that as a result of the Supreme Court case of Cornish vs Secretary, Department of Planning, Industry and Environment Council is unable to impose sanctions other than censure, however it remains open to the Departmental Chief Executive to impose additional sanctions as deemed appropriate, such as requiring an apology to be issued.

 

Cr Hannan and Cr Khan requested that their vote against the motion be noted and read out in open meeting.

 

The Mayor returned to the meeting, resumed the chair and closed the meeting at 9:24pm.

 

18          Questions for Next Meeting

No reports this meeting 

 

The Meeting closed at 9.24pm.

 

The minutes of this meeting were confirmed at the Extraordinary Council Meeting held on 16 December 2019.

 

...................................................

MAYOR