MINUTES

 

 

Extraordinary Council Meeting

 

16 December 2019

 

 


Extraordinary Council Meeting Minutes

16 December 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. 6

9          Items to be Tabled. 6

10       Mayoral Minute. 7

10.1          Mayoral Minute. 7

10.2          Mayoral Minute - Koala Hospital in Wollondilly. 8

          Items by Exception

11.5          Wilton Health and Wellbeing Strategy. 10

11.7          Draft Planning Agreement - 65 Tahmoor Road Tahmoor 11

11.8          Draft Planning Agreement - 1550 Burragorang Road Oakdale. 12

12.2          Increase to Major Works Program 2019/20 - The Community, Cultural and Civic Precinct 13

12.3          Request for Development Application Fee Waiver for a Rural Fire Service Ancillary Facility. 14

13.2          Macarthur Centre of Sustainable Living. 15

15.2          Review of Gifts and Benefits Policy. 16

15.5          Annual Report - Code of Conduct Complaints. 17

15.6          Investment of Funds as at 31 October 2019. 18

16.3          Sale of Land for Unpaid Rates. 19

16.4          Quarterly Legal Status. 20

11       Sustainable and Balanced Growth. 21

11.1          Panel Members for Sydney Western City Planning Panel 21

11.2          LEP Review Program Stage 1 Draft Planning Proposal 22

11.3          Exhibition of Draft Wollondilly Contributions Plan. 24

11.4          Financial Implications of servicing Wilton Growth Area. 25

11.6          11 Westminster Place Razorback - WITHDRAWN.. 26

12       Management and Provision of Infrastructure. 27

12.1          Review of Council's Road Renewal Asset Management Strategy. 27

13       Caring for the Environment 28

13.1          Draft Stonequarry Creek Floodplain Risk Management Study & Plan - Public Exhibition  28

 

 

13.3          Agricultural Enterprise Credit Scheme. 29

13.4          Feasibility of Weekly Kerbside Garden Organics & Recycling Collections. 30

14       Looking after the Community. 31

14.1          Revision of Social Media Policy - CP0032. 31

15       Efficient and Effective Council 32

15.1          Ordinary Council Meeting and Community Forum Dates – 2020. 32

15.3          Councillor Attendance and Expenses Reporting. 33

15.4          Audit Risk & Improvement Committee Annual Report 34

15.7          Local Government Remuneration Tribunal 2020 Annual Determination. 35

16       Closed Reports. 36

16.1          Proposed Intersection Upgrade Woodbridge & Menangle Roads, Menangle. 36

16.2          Picton Town Centre Transport Plan 2026 - Proposed Signalisation of Menangle/Prince Streets Intersection. 36

16.5          Notice of Motion - Sydney Western City Planning Panel 37

          Recommitted Item

16.3          Sale of Land for Unpaid Rates. 39

 

 


Extraordinary Council Meeting Minutes

16 December 2019

 

MINUTES OF Wollondilly Shire Council
Extraordinary Council Meeting
HELD AT THE
Council Chamber, 62-64 Menangle Street, Picton NSW 2571
ON
Monday, 16 December 2019 AT 06.39pm

 

PRESENT:              Cr Judith Hannan, Cr Michael Banasik, Cr Blair Briggs, Mayor Matthew Deeth, Cr Matthew Gould, Cr Simon Landow

IN ATTENDANCE:      Chief Executive Officer, Executive Director Community & Corporate, Director Infrastructure & Environment, Director Planning, Assistant Director People, Legal & Governance, General Counsel, Chief Financial Officer, Manager Sustainable Growth, Corporate Governance and Risk Coordinator, 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 Elders both past and present.

6            Apologies and Leave of Absence Requests 

Apologies were noted for Cr’s Smith, Khan and Lowry

 

7            Declaration of Interest

Cr Banasik declared a Non-Pecuniary Conflict of Interest in Item 16.2 Closed report – Picton Town Centre Transport Plan 2026 – Proposed Signalisation of Menangle/Prince Streets Intersection. The reason being he has relatives that live in the vicinity of this intersection. Cr Banasik advised that he will stay during the discussion and vote on this matter.

 


 

 

Cr Briggs declared a Non-Pecuniary (Less than Significant) Conflict of Interest in Item 12.3 – Request for Development Application Fee Waiver for Rural Fire Service Ancillary Facility as he is a member of the RFS. He advised he would stay and vote on the matter.

Cr Gould declared a Non-Pecuniary (Less than Significant) Conflict of Interest in Item 12.3 – Request for Development Application Fee Waiver for Rural Fire Service Ancillary Facility as he is a member of the RFS. He advised he would stay and vote on the matter.

Cr Briggs declared a Pecuniary Conflict of Interest in Item 16.3 – Sale of Land for Unpaid Rates in the closed part of the meeting as one property is located near his principal place of residence. Cr Briggs advised that he would leave the meeting and not vote on this matter.

Cr Deeth declared a Non-Pecuniary (less than Significant) Conflict of Interest in Item 16.1 – Proposed Intersection Upgrade Woodbridge & Menangle Roads, Menangle in the closed part of the meeting as he lives on Station Street, Menangle. He advised that he would stay in the meeting and vote on the matter.

LEP Declarations

The Chairperson tabled 6 special disclosure of Pecuniary Interest forms all made prior to the commencement of the meeting by those Councillors present in relation to Item 11.2 – LEP Review Program Stage 1 Draft Planning Proposal.

The information contained in their respective special disclosures was as follows:

Cr Deeth declared a special disclosure of a pecuniary interest in relation to Item 11.2 – LEP Review Program Stage 1 Draft Planning Proposal. The reason being his principal place of residence is in Wollondilly Shire to which he is an owner. As his only interest related to his principal place of residence he stated that he was permitted to be present at the meeting and vote on the matter.

Cr Gould declared a special disclosure of a pecuniary interest in relation to Item 11.2 – LEP Review Program Stage 1 Draft Planning Proposal. The reason being his principal place of residence is in Wollondilly Shire to which he is an owner. As his only interest related to his principal place of residence he stated that he was permitted to be present at the meeting and vote on the matter.

Cr Hannan declared a special disclosure of a pecuniary interest in relation to Item 11.2 – LEP Review Program Stage 1 Draft Planning Proposal. The reason being her principal place of residence is in Wollondilly Shire to which she is an owner. As his only interest related to his principal place of residence he stated that he was permitted to be present at the meeting and vote on the matter.

Cr Banasik declared a special disclosure of a pecuniary interest in relation to Item 11.2 – LEP Review Program Stage 1 Draft Planning Proposal. The reason being his principal place of residence is in Wollondilly Shire. As his only interest related to his principal place of residence he stated that he was permitted to be present at the meeting and vote on the matter.

Cr Briggs declared a special disclosure of a pecuniary interest in relation to Item 11.2 – LEP Review Program Stage 1 Draft Planning Proposal. The reason being his principal place of residence is in Wollondilly Shire to which he is an owner. In addition he has interests in two other properties in Wollondilly Shire as an owner and lessee. As he has interests in addition to his principal place of residence he advised he would leave the meeting as he was not permitted to be present at the meeting or vote on the matter.

Cr Landow declared a special disclosure of a pecuniary interest in relation to Item 11.2 – LEP Review Program Stage 1 Draft Planning Proposal. The reason being his principal place of residence is in Wollondilly Shire to which he is an owner. In addition he has interests in two other properties in Wollondilly Shire as an owner. He stated that while he has interests in addition to his principal place of residence he was permitted to be present at the meeting and vote on the matter as no financial gain or loss is perceived.


 

 

8            Confirmation of Minutes

Resolution  277/2019

Moved:       Cr Michael Banasik

Seconded:  Cr Blair Briggs

That the minutes of the Ordinary Council Meeting held on 18 November 2019 and the Closed Council Meeting held on 18 November 2019 be confirmed.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 

 

9            items to be tabled

·         Disclosure of interest register 2019/20

·         Councillors Special Disclosure of Interests Forms in relation to Item 11.2.

 


 

 

10          Mayoral Minute

10.1       Mayoral Minute

Resolution  278/2019

Moved:       Mayor Matthew Deeth

That Council:

1.       Express our appreciation to our outstanding firefighters and emergency services and thank them for all of their efforts to protect our community.

2.       Note the activation of the Mayoral Relief Fund to assist our residents in need.

3.       Express best wishes to Roma Dickins leaving the Macarthur Advertiser.

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

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

 

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 

 


 

 

10.2       Mayoral Minute - Koala Hospital in Wollondilly

Resolution  279/2019

Moved:       Mayor Matthew Deeth

That Council:

·         Call on the NSW Government to work with us on the establishment of a koala hospital in the Wollondilly Shire

·         Strongly support the establishment of the Upper Georges River National Park (Georges River/Cataract and Nepean River Corridor) to protect our koala population, which would be an ideal location for such hospital.

 

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 

 


 

 

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

 

Suspension of Standing Orders

Resolution  280/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Matthew Gould

That Council suspend standing orders to deal with Items by Exception to be adopted as per the recommendation in the business paper.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

The Mayor went through all items of business to determine the items to be dealt with by exception.

 

Councillors called out the matters which they wanted to speak to, debate or move an Alternate Motion on.

 

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

 

Items 11.5, 11.7, 11.8, 12.2, 12.3, 13.2, 15.2, 15.5, 15.6, 16.3 and 16.4 were dealt with by exception.

 

**Item 16.3 was later recommited to the meeting in line with clause 16.15 of Council’s Code of Meeting Practice.

 

 


 

 

11.5       Wilton Health and Wellbeing Strategy

Resolution  281/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Blair Briggs

That Council:

1.       Supports the public exhibition of the draft Wilton Health and Wellbeing Strategy; and

2.       Notes that following public exhibition, the outcome of the consultation along with any recommended modifications will be reported to Council.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 


 

 

11.7       Draft Planning Agreement - 65 Tahmoor Road Tahmoor

Resolution  282/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Blair Briggs

That Council:

1.       Adopts the Draft Planning Agreement attached to this report;

2.       Authorises the Acting Chief Executive Officer to Execute the Planning Agreement on behalf of Council;

3.       Accepts the dedication of the land as provided for in the Planning Agreement; and

4.       Agrees to the Classification of the proposed land dedication as Community Land under the Local Government Act, 1993.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 


 

 

11.8       Draft Planning Agreement - 1550 Burragorang Road Oakdale

Resolution  283/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Blair Briggs

That Council:

1.       Adopts the Draft Planning Agreement attached to this report;

2.       Authorises the Acting Chief Executive Officer to Execute the Planning Agreement on behalf of Council;

3.       Accepts the dedication of the land as provided for in the Planning Agreement; and

4.       Agrees to the Classification of the proposed land dedication as Community Land under the Local Government Act, 1993.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 


 

 

12.2       Increase to Major Works Program 2019/20 - The Community, Cultural and Civic Precinct

Resolution  284/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Blair Briggs

That $250,000 be introduced into the Building Renewal Program (new) of the 2019/20 Major Works Program from Reserves.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 


 

 

12.3       Request for Development Application Fee Waiver for a Rural Fire Service Ancillary Facility

Resolution  285/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Blair Briggs

That Council waives the Development Application fee for the proposed storage shed.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 


 

 

13.2       Macarthur Centre of Sustainable Living

Resolution  286/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Blair Briggs

That Council:

1.       Continue to support the Macarthur Centre of Sustainable Living (MCSL) for 2019/20 and 2020/21, noting Council has provided $20,000 sponsorship for 2019/20.

·                Write to the MCSL indicating that Council intends to no longer support the Centre beyond 2020/21 as Council considers sustainability outcomes for the Wollondilly community can be achieved by investing the funds in local programs

2.       Invest the $20,000 saving for 2020 in priority projects under Council’s Waste and Sustainability training programmes and other priority programmes such as feral animal management.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 


 

 

15.2       Review of Gifts and Benefits Policy

Resolution  287/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Blair Briggs

That the Gifts and Benefits Policy be adopted.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 


 

 

15.5       Annual Report - Code of Conduct Complaints

Resolution  288/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Blair Briggs

That the Annual Report in relation to the Code of Conduct complaints be received and noted.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 


 

 

15.6       Investment of Funds as at 31 October 2019

Resolution  289/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Blair Briggs

That the information and certification in relation to the investment of Council funds as at 31 October 2019 be noted.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 


 

 

16.3       Sale of Land for Unpaid Rates

This Item was included in the block resolve of Items by Exception in error and later recommitted to the meeting to correct this.

Motion  

Moved:       Mayor Matthew Deeth

Seconded:  Cr Blair Briggs

1.       That the information be noted.

2.       That Council resolve to grant delegated authority to the Chief Executive Officer to set reserve prices and negotiate sale of land by private treaty if a reserve is not met at auction with regard to the 6 properties listed above.

 

 


 

 

16.4       Quarterly Legal Status

Resolution  290/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Blair Briggs

That Council receive and note this report.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 

Resumption of Standing Orders

Resolution  291/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Matthew Gould

That Council resume standing orders.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 

 


 

 

11          Sustainable and Balanced Growth

11.1       Panel Members for Sydney Western City Planning Panel

Resolution  292/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Michael Banasik

 

1.       That a panel consisting of the Mayor, Deputy Mayor, Cr Hannan meet with the five recommended applicants to the Sydney Western City Planning Panel (SWCPP) as alternative Council representatives in the event a Councillor is unavailable to represent the community.

 

2.       That the panel consider a further round of recruitment if required.

 

3.       That a report be brought back to Council for Council approval of the members.

 

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 

 


 

 

11.2       LEP Review Program Stage 1 Draft Planning Proposal

Cr Briggs left the meeting at 7:05 pm due to a previously declared Conflict of Interest this Item.

Resolution  293/2019

Moved:       Cr Matthew Gould

Seconded:  Cr Judith Hannan

That Council:

1.       Notes the advice of the Wollondilly Local Planning Panel,

 

2.       Support the LEP Review Program Stage 1 Draft Planning Proposal which seeks a range of updates to Wollondilly Local Environmental Plan 2011 in an amended form, subject to the following changes:

 

a.       Update amendment 9 (Koala Corridors) to include,

i.     an additional objective to enhance and restore habitat connectivity,

ii.    broaden the application of the clause so that it applies to identified “sensitive land” and nearby land, and

iii.   include principles for assessing development captured by this clause.

 

b.      Update amendment 15 (Caravan Parks) to seek the introduction of a new land use term for “Tourist park” to be permissible in recreation and rural zones. If this option is not available to proceed with the original proposed amendment.

 

With either option, amendment 15 should be removed from the planning proposal, if after further investigation, it is considered that the amendment has the potential to unintentionally permit unplanned housing growth in the Metropolitan Rural Area.

 

c.       Adjust amendment 12 (Original holdings) to ensure that the density standard applies to:

i.     all land within the original holding and not just land within a development application, and

ii.    land possessing two essential characteristics, namely:

-     zoned E4 Environmental Living, and

-     identified as “Original holdings” on the Original Holdings Map.

 

d.      Update amendment 8 (Destination Weddings) to introduce a new land use term for “Rural function centre” in rural and some environmental protection zones (E3 and E4) and if the option is not available to proceed with the original proposed amendment,

 

e.       Update amendment 7 (Rezoning Sydney Water Land) to remove all land associated with 550 Wilton Road, Appin from the planning proposal.

 

3.       Support the principal of enabling caravan parks for tourist accommodation in rural areas so long as this can be achieved without the risk of unintentionally enabling unplanned housing growth in the Metropolitan Rural Area,

 

4.       Forwards the planning proposal to the Department of Planning, Industry & Environment for a Gateway determination,

 

5.       Agrees that some component(s) may be removed from the planning proposal if they cannot be delivered in the timeframe available to finalise the planning proposal under the Accelerated LEP Review Program Funding Agreement, and

 

6.       Subject to a favourable Gateway determination from the Department of Planning, Industry & Environment, proceed to a public exhibition in accordance with the requirements of the Gateway determination. Subject to receiving a Gateway determination from the Department of Planning, Industry and Environment, publically exhibits the draft planning proposal in accordance with the requirements of the Gateway determination any minor changes required.

 

 

On being put to the meeting the motion was declared carried 5/0

 

In Favour:       Crs Judith Hannan, Michael Banasik, Matthew Deeth, Matthew Gould and Simon Landow

Against:           Nil

 

At 7:11 pm, Cr Blair Briggs returned to the meeting.

 

 

 


 

 

11.3       Exhibition of Draft Wollondilly Contributions Plan

Resolution  294/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Judith Hannan

That Council:

1.       Endorses the draft Wollondilly Contributions Plan to be placed on public exhibition in accordance with the Environmental Planning and Assessment Act 1979.

2.       Receives a further report upon completion of the public exhibition to consider any submissions received during the exhibition.

3.       Advertises its intention to repeal, upon making of the new plan, Wollondilly Development Contributions Plans 1993, 2000, 2005, 2010 and 2011 in the manner set out in this report.

4.       Writes to the Minister for Planning and Public Spaces requesting that the NSW Government consider indexing the current contributions cap.

 

5.       During the exhibition period, and prior to the repeal of any existing or previous Wollondilly Contribution Plans review its existing allocations to precincts to ensure existing funds already collected are quarantined for their intended use.

 

6.       As part of this review process advocate to IPART for an increase in the legislated  contributions cap of $30,000 for growth areas and $20,000 cap for existing areas.

 

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 

 


 

 

11.4       Financial Implications of servicing Wilton Growth Area

Resolution  295/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Michael Banasik

That Council:

1.   Notes that Council is in a strong financial position based on the NSW Office of Local Government financial indicators.

2.   Notes this report that the infrastructure funding for Wilton new town includes:

a.   Council’s Section 7.11 Contributions Plan, currently in development and proposed to total $369 million which will cover all of Council’s identified local infrastructure through the contributions scheme within the current contributions cap

b.   Special Infrastructure Contributions (SIC) for state and regional infrastructure, totalling $771 million under the draft SIC

c.   planning agreements for local, state and regional infrastructure

d.   direct works associated with development and user connections with utilities providers

e.   capital works funded through Government budget processes.

3.   Works with the NSW Government on the Wilton Infrastructure Phasing Plan and continues to advocate strongly on behalf of the current and future Wollondilly community to ensure appropriate and timely infrastructure investment and delivery.

 

On being put to the meeting the motion was declared CARRIED 5/1

 

In Favour:       Crs Michael Banasik, Blair Briggs, Matthew Deeth, Matthew Gould and Simon Landow

Against:           Cr Judith Hannan

 

 

 

 

 


 

 

Item - 11.5 Wilton Health and Wellbeing Strategy - has been moved to another part of the document.

 

11.6       11 Westminster Place Razorback - WITHDRAWN

 

This Item was withdrawn by the proponent.

 

 

Item - 11.7 Draft Planning Agreement - 65 Tahmoor Road Tahmoor - has been moved to another part of the document.

 

Item - 11.8 Draft Planning Agreement - 1550 Burragorang Road Oakdale - has been moved to another part of the document.

 


 

 

12          Management and Provision of Infrastructure

12.1       Review of Council's Road Renewal Asset Management Strategy

Resolution  296/2019

Moved:       Cr Michael Banasik

Seconded:  Mayor Matthew Deeth

That Council:

1.   Note the Road Management Review carried out by Jeff Roorda & Associates.

2.   Note that the independent review identified that the current strategy is the best option to improve the road network as protecting undamaged pavements by resurfacing results in the lowest network life cycle cost.

3.   Note that the significant increase in funding allocated by Council to road renewal together with the current strategy is resulting in a considerable increase in roads being renewed, resurfaced and reconstructed across Wollondilly.

4.   Continue to work on integrating the systems and tools used to create one source of truth to provide predictive modelling and various funding scenarios to show that the current strategy is the correct one.

5.   Further improve the ongoing communication strategy to increase community understanding of the road renewal strategy and the work being undertaken to fix Wollondilly’s roads.

6.   Investigate alternate funding mechanisms to bring forward repairs on roads that have high traffic counts eg: Almond Street, Arina Road, Burragorang Road, Prince Street, Regreme Road, Remembrance Drive, Silverdale Road, Thirlmere Way and Werombi Road. Further funding options be investigated in future budgets.

7.   Acknowledge that the recommendation for further development of systems, as well as refinement to the communication strategy, is likely to create resource opportunities to be considered as part of the development of upcoming Delivery Program & Operation Plan.

 

On being put to the meeting the motion was declared CARRIED 6/0

 

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

Against:           Nil

 

 

Item - 12.2 Increase to Major Works Program 2019/20 - The Community, Cultural and Civic Precinct - has been moved to another part of the document.

 

Item - 12.3 Request for Development Application Fee Waiver for a Rural Fire Service Ancillary Facility - has been moved to another part of the document.

 

 

 

13          Caring for the Environment

13.1       Draft Stonequarry Creek Floodplain Risk Management Study & Plan - Public Exhibition

Cr Michael Banasik left the meeting at 7.55pm and returned at 7:57pm.

Resolution  297/2019

Moved:       Cr Judith Hannan

Seconded:  Cr Matthew Gould

1.       That the Draft Stonequarry Creek (Picton) Flood Study Update be placed on public exhibition for a period of at least 28 days.

2.       That the Draft Stonequarry Creek (Picton) Floodplain Risk Management Study & Plan be placed on public exhibition for a period of at least 28 days.

3.       That a further report come back to Council following the exhibition.

4.       That Council write to the Member for Wollondilly, Mr Nathaniel Smith, requesting funding for the preparation of a master plan and the future delivery for Stonequarry Creek to enable the efficient management of the flood modification recommendations and deliver additional long term benefits to the community that leverage off necessary floodplain management works.

 

On being put to the meeting the motion was declared CARRIED 6/0

 

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

Against:           Nil

 

 

 

Item - 13.2 Macarthur Centre of Sustainable Living - has been moved to another part of the document.

 

 

 

 


 

 

13.3       Agricultural Enterprise Credit Scheme

Resolution  298/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Judith Hannan

That Council:

1.       Thank and acknowledge Dr Samantha Sharpe for her extensive and innovative work carried out for a proposed Agricultural Enterprise Credit Scheme (AECS);

2.       Thank and acknowledge the Rural Industry Community Advisory Committee, in particular Mr Ed Biel, for the ongoing advocacy and commitment to this initiative;

3.       Develop the pilot AECS framework for consideration by Council;

4.       Consider the inclusion of the AECS in any future VPA policy development once the framework has been endorsed;

5.       That any future VPA policy prioritises essential, non-essential, biodiversity, and locally or regionally specific projects already identified by Council;

6.       Include the Agricultural Enterprise Credit Scheme in the State Issues Paper to continue to advocate for the NSW Government to acknowledge this approach and investigate the implementation of an Agricultural Enterprise Credit Scheme across NSW to enhance food production, improve economic viability for farmers and improve resilience as resolved at the 2017 NSW Local Government Conference; and

7.       Raise this matter at the Sydney PeriUrban Network (SPUN) as an advocacy issue.

 

On being put to the meeting the motion was declared CARRIED 6/0

 

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

Against:           Nil

 

 

 

 

 


 

 

13.4       Feasibility of Weekly Kerbside Garden Organics & Recycling Collections

Resolution  299/2019

Moved:       Cr Michael Banasik

Seconded:  Mayor Matthew Deeth

That Council:

1.       Note that providing a weekly kerbside garden organics and recycling bin trial is feasible but would come at an increase in costs for all residents.

2.       Note that an alternative option to achieve the objective is that individual residents that require additional capacity contact Council to purchase an additional organics bin service and/or recycling bin service for their property.

3.       Continue to provide the “best practice” alternating week servicing of garden organics and recyclable bins.

4.       Further promote the effective use of the domestic waste services including the facility for residents to request additional bins to increase their individual waste disposal capacity.

5.       Consider future additional services in consultation with the community when renegotiating the waste contract.

 

On being put to the meeting the motion was declared CARRIED 6/0

 

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

Against:           Nil

 

 

 

 


 

 

14          Looking after the Community

14.1       Revision of Social Media Policy - CP0032

Resolution  300/2019

Moved:       Cr Matthew Gould

Seconded:  Cr Michael Banasik

That this item be deferred to the February Council meeting.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 

 

 


 

 

15          Efficient and Effective Council

15.1       Ordinary Council Meeting and Community Forum Dates – 2020

Resolution  301/2019

Moved:       Cr Michael Banasik

Seconded:  Cr Judith Hannan

That the Ordinary Council Meeting and Community Forum dates for 2020, as outlined in this report, be adopted and advertised.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 

 

Item - 15.2 Review of Gifts and Benefits Policy - has been moved to another part of the document.

 


 

 

15.3       Councillor Attendance and Expenses Reporting

Resolution  302/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Simon Landow

That Council:

 

1.       Hold a Workshop to discuss the Fees, Expenses and Facilities policy and request comparative analysis on neighbouring LGA’s Fees, Expenses and Facilities policies.

 

2.       Request quarterly reporting of individual Councillor Expenditure figures against the monetary limits be submitted for independent oversight to the ARIC committee.

 

3.       Report Councillor Attendance and Expenses in the quarterly review.

 

4.       Publish Councillor monthly expense claims on Councils website.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 

 

 


 

 

15.4       Audit Risk & Improvement Committee Annual Report

Resolution  303/2019

Moved:       Cr Blair Briggs

Seconded:  Mayor Matthew Deeth

1.       That Council receive the Audit Risk & Improvement Committee Report.

2.       That Council forward a letter to the external representatives thanking them for their contribution to the effectiveness of Council’s Audit Risk & Improvement Committee in the 2018/2019 financial year.

3.       That the CEO provide a further report to Council in response to the “Key Opportunities for Change” finding from the internal audit.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 

 

Item - 15.5 Annual Report - Code of Conduct Complaints - has been moved to another part of the document.

Item - 15.6 Investment of Funds as at 31 October 2019 - has been moved to another part of the document.

 

 


 

 

15.7       Local Government Remuneration Tribunal 2020 Annual Determination

Resolution  304/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Judith Hannan

1.       That Council make a submission in support of the Local Government Remuneration Tribunal’s proposal to change Wollondilly Shire Council’s classification to a Regional Centre.

2.       That a copy of the submission be sent to LGNSW.

3.       That the submission be circulated to Councillors prior to being submitted by the 20 December 2019.

 

On being put to the meeting the motion was declared carried 6/0

 

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

Against:           Nil

 

 

 


 

 

16          Closed Reports

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

(a)     personnel matters concerning particular individuals (other than councillors),

(c)     information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,

(d)     commercial information of a confidential nature that would, if disclosed:

(i)      prejudice the commercial position of the person who supplied it, or

(g)     advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

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  305/2019

Moved:       Cr Judith Hannan

Seconded:  Cr Blair Briggs

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:

16.1       Proposed Intersection Upgrade Woodbridge & Menangle Roads, Menangle

This matter is considered to be confidential under Section 10A(2)(c) 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 information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

This report is considering a potential land acquisition that has not been discussed with potential vendors.

 

16.2       Picton Town Centre Transport Plan 2026 - Proposed Signalisation of Menangle/Prince Streets Intersection

This matter is considered to be confidential under Section 10A(2)(d)(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 commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

To protect confidential work supplied by a third party.

 

 

16.3       Sale of Land for Unpaid Rates

This matter is considered to be confidential under Section 10A(2)(a) 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 personnel matters concerning particular individuals (other than councillors)

Report includes ratepayers names and property addresses.

 

16.4       Quarterly Legal Status

This matter is considered to be confidential under Section 10A(2)(g) 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 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

This report covers outcomes of litigation matters and associated legal expenditure.

16.5       Notice of Motion - Sydney Western City Planning Panel

This matter is considered to be confidential under Section 10A(2)(g) 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 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

          This motion contains legal advice concerning the commencement of legal           proceedings and information on associated legal expenditure.

 

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 6/0

 

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

Against:           Nil

 

Council moved into closed session at 8.21pm. The public left the chambers. 

 

The Ordinary meeting re-opened to the public and media at 9.10pm with all those present prior to going into closed session.

 

 

The Mayor read out the resolutions from closed session:

In respect of Item 16.1 – Proposed Intersection Upgrade Woodbridge & Menangle Roads, Menangle

That Council in-principal support the process to acquire land for the purpose of road widening from Lot 3 DP 531901 to enable the construction of a roundabout at the intersection of Menangle Road, Woodbridge Road and Station Street Menangle.

 

In respect of Item 16.2 – Picton Town Centre Transport Plan 2026 - Proposed Signalisation of Menangle/Prince Streets Intersection:

That Council pursue the detailed design for the signalisation of the Prince and Menangle Streets Intersection.

In Favour:       Crs Blair Briggs, Matthew Deeth, Matthew Gould and Simon Landow

Against:           Crs Judith Hannan and Michael Banasik

 

In respect of Item 16.4 – Quarterly Legal Status dealt with by Exception in the open part of the meeting:

That Council receive and note this report.

 

In respect of Item 16.5 – NOM Sydney Western City Planning Panel

That Council note the independent legal advice and not seek a Judicial Review of the decision of the Sydney Western City Planning Panel (Panel) in the Wilton South East - Stage 1 Development Application.

It was noted that Councillor Hannan voted against this motion.

 

The Mayor moved a motion to recommit closed Item 16.3.

Cr Briggs left the meeting due to a previously declared a Pecuniary Conflict of Interest in this Item at 9:12pm.

Resolution  306/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Matthew Gould

That Council recommit closed Item 16.3 – Sale of Land for Unpaid Rates to correct an error and confirm the voting on the resolution.

 

On being put to the meeting the motion was declared CARRIED 5/0

 

In Favour:       Crs Judith Hannan, Michael Banasik, Matthew Deeth, Matthew Gould and Simon Landow

Against:           Nil

 

 


 

 

16.3       Sale of Land for Unpaid Rates – Recommitted item

Resolution  307/2019

Moved:       Mayor Matthew Deeth

Seconded:  Cr Matthew Gould

1.       That the information be noted.

2.       That Council resolve to grant delegated authority to the Chief Executive Officer to set reserve prices and negotiate sale of land by private treaty if a reserve is not met at auction with regard to the 6 properties listed above.

 

On being put to the meeting the motion was declared CARRIED 5/0

 

In Favour:       Crs Judith Hannan, Michael Banasik, Matthew Deeth, Matthew Gould and Simon Landow

Against:           Nil

 

 

 

  

The Meeting closed at 9.13pm.

 

The minutes of this meeting were confirmed at the Ordinary Meeting of the Wollondilly Shire Council held on 18 February 2020.

 

 

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

MAYOR