You are invited to attend the next Extraordinary Meeting of Council:

 

Date:

Tuesday, 30 June 2020

Time:

5.30pm

Location:

Online via Audio Visual Link and Open to the Public via Webcast

 

AGENDA

 

 

Extraordinary Council Meeting

 

30 June 2020

 

 

 

 

Ben Taylor

Chief Executive Officer

 


Extraordinary Council Meeting Agenda

30 June 2020

 

 


Extraordinary Council Meeting Agenda

30 June 2020

 

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         Items to be Tabled. 4

9         Mayoral Minute. 5

9.1           Mayoral Minute. 5

10       Management and Provision of Infrastructure. 6

10.1         Planning for Community and Recreation Facilities in Appin. 6

11       Efficient and Effective Council 9

11.1         Vacancy in Civic Office. 9

12       Closed Reports. 10

12.1         Proposed Land Transfer to Council from Planning Ministerial Corporation - Part Lot 2 DP 522044 Appin Road, Appin. 10

 


1          Opening

Legislative changes to the Local Government Act section 747A now permits Council meetings to be held remotely using audio visual link and is open to members of the community via webcast.

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 will acknowledge the traditional Custodians of the Land.

6          Apologies and Leave of Absence Requests

7          Declaration of Interest

8          Items to be Tabled

Nil

           


Extraordinary Council Meeting Agenda

30 June 2020

 

9          Mayoral Minute

9.1         Mayoral Minute

File Number:           12275#20

 

Recommendation

That Council observe a minutes silence in memory of Robin Davies and acknowledge her significant contribution to Wollondilly.

 

 

It’s with deep sadness that I let you know of the passing of Robin Davies. Robin was an environmental warrior for Wollondilly and her passion inspired many. Robin passed away peacefully with her family by her side on Monday night after a long battle with cancer.

Robin was a founding member of the Wollondilly Community Nursery (1996) and member of WRAP Wollondilly Regenerators and Propagators. She was also one of the original founding members of the Redbank Landcare Group (2001) and Barragal Landcare group (2006). Robin was also a valued member of the Australian Plant Society and volunteered at Mt Annan Botanic Gardens.

 

Robin’s support throughout many council events and Community Nursery stalls has been most appreciated and she would always share her wealth of knowledge and enthusiasm assisting residents in their enquiries regarding plants, the bush and volunteering. Robin continued to volunteer even through tough times of personal adversity.

 

Robin was originally from the Burragorang Valley – now known as Lake Burragorang or Warragamba Dam. Due to her strong ties to the Burragorang Valley Council’s Environmental Services Team and I would like to plant a Eucalyptus Benthamii (Camden Whitegum) in her honour at a location yet to be determined.

 

The following is a snap shot of some of their achievements and awards that would not have been possible without Robin’s contribution:

 

Landcare/Bushcare

·    Wollondilly Community Nursery WRAP 1995 - 2015

·    Redbank Landcare group 2001 – 2008

·    Werri Berri Creek Landcare events 1998 - 2004

·    Stonequarry Creek Landcare 1995 - 2008

·    Barragal Landcare group 2007 – present

·    Kooris on the move landcare Picton 2009 - present

Other achievements

·    Citizen of the year nomination Ron Davies 2014

·    Starlight Garden – Starlight sanctuary June 2003

·    Citizen of the Year Robin Davies 2009

Awards for the nursery and recognition

·    Macarthur Industry awards – Environmental 2002

·    Native Vegetation Conservation Award 2002 – Catchment Management

·    Landcare conservation award oct 2003 – silver award WRAP

·    Order of Macarthur Awards 2007 WRAP.

 

Attachments

Nil  


Extraordinary Council Meeting Agenda

30 June 2020

 

10        Management and Provision of Infrastructure

10.1       Planning for Community and Recreation Facilities in Appin

File Number:           12275#24

 

Executive Summary

The purpose of this report is to bring to the attention of Council the opportunity to deliver new and unique community and recreation facilities in Appin as part of the NSW Government’s Strategic Open Spaces Program.

The Program seeks to undertake and deliver embellishments to the value of $5 million at 180 Appin Road, Appin, creating new public open space and contributing to the NSW Premier’s Greener Public Spaces Priority of increased access to quality green, open public space by 2023.

The NSW Department of Planning, Industry & Environment proposes to collaborate with Council and the Appin community to determine appropriate embellishments for the location.  This is a unique opportunity that will see a NSW Government investment in the Wollondilly Shire, enabling our community and Council to advocate for desired recreation facilities and help implement the Wollondilly Open Space, Recreation & Community Facilities Strategy (adopted 2014).

The site embellishments will be determined following a comprehensive community engagement process undertaken by the DPIE with the assistance of Council.  This will allow the community to have their say on what recreational facilities are most desired for this site. Potential unique passive recreation embellishments, which have been on Councils agenda to pursue for some time, could include for example passive parkland with children’s nature play, mountain bike or BMX trails, adventure sports such as Spartan style obstacle courses, a water park facility, horse riding trails, or a koala hospital, education and rehabilitation centre.

Recommendation

That Council work with the Appin community and the NSW Department of Planning, Industry & Environment to determine appropriate community and recreation facilities for the proposed open space at 180 Appin Road, Appin.

 

Report

As part of the Premier’s 2019 announcement of a $150 million program to secure and improve green space across Greater Sydney, $50 million has been allocated to create better access to open space across Greater Sydney.

The program will help improve access to open space and parklands by creating four new parks and improve four existing open spaces providing greater recreation opportunities for the community.

As part of the implementation of this program, the Department of Planning, Industry & Environment (DPIE) has identified part of Lot 2 DP 522044, 180 Appin Road, Appin as one of these locations that will receive embellishment works to the value of $5 million and proposes to transfer to Council for a peppercorn amount of $1.00.

This project presents a worthwhile opportunity to provide needed recreational facilities for the Appin community and the wider Wollondilly Shire.  It assists Council in implementing recommendations identified within the Wollondilly Open Space, Recreation & Community Facilities Strategy (2014), including:

·        “Identification of facilities required to meet major growth centres such as Wilton Junction and Appin;

·        Integrating the Shires’ unique biodiversity and scenic qualities as part of the open space network and associated recreation and tourism opportunities (e.g. sports and adventure tourism);

·        Developing public and private sector partnerships to deliver the Strategies;

·        Natural and Cultural Heritage Conservation: integration of open space with National Parks on their boundaries using sub-regional trails.”

The project will assist Council in its obligation to support the delivery of the Western City District Plan 2056 (Greater Sydney Commission).  Particularly for the Directions of Liveability and Sustainability with the project aligning six of the Plan’s Planning Priorities as follows:

Liveability

Planning Priority W3: Providing services and social infrastructure to meet people’s changing needs

·        Objective 6 Services and infrastructure meet communities’ changing needs.

Planning Priority W6: Creating and renewing great places and local centres, and respecting the District’s heritage

·        Objective 12 Great places that bring people together.

·        Objective 13 Environmental heritage is identified, conserved and enhanced.

Sustainability

Planning Priority W14: Protecting and enhancing bushland and biodiversity

·        Objective 27 Biodiversity is protected urban bushland and remnant vegetation is enhanced.

Planning Priority W15: Increasing urban tree canopy cover and delivering Green Grid connections

·        Objective 32 The Green Grid links parks, open spaces, bushland and walking and cycling paths.

Planning Priority W16: Protecting and enhancing scenic and cultural landscapes

Planning Priority W18: Delivering high quality open space

·        Objective 31 Public open space is accessible, protected and enhanced.

In recognising this opportunity to collaborate with the NSW DPIE and their $5M investment for the Wollondilly community, Council Officers have suggested a variety of unique passive recreation embellishments, which have been on Councils agenda to pursue for some time, that could be pursued at this site including:

·       Passive parkland with children’s nature play

·       Mountain bike or BMX trails

·       Adventure sports such as Spartan style obstacle courses

·       Horse riding trails

·       Koala hospital, education and rehabilitation centre

·       Water park facility

The embellishments will be determined following a comprehensive community engagement process undertaken by the DPIE with the assistance of Council.  This will allow the community to have their say on what recreational facilities are most desired for this site.

The DPIE is seeking to transfer the ownership of part of the site to Wollondilly Shire Council at the completion of the embellishment works.  The part of the Lot that is proposed for transfer to Council is mostly the non-vegetated area which is currently zoned Rural Landscape (RU2) under the Wollondilly Local Environmental Plan 2011 (LEP).  The PMC is proposing to retain the eastern portion of the Lot which is predominantly zoned Environmental Conservation (E2) under the LEP.  This E2 area will be subject to future investigations to be undertaken by the PMC relating to koala habitat.

The site will be transferred to Council as Community Land to be used for any recreational purpose and categorised as natural area, sports grounds, park or areas of cultural significance under the Local Government Act 1993 (Recreational Purposes) with not less than 80% remaining as open space.

 

Consultation

The DPIE and Council will undertake a comprehensive community engagement process to determine the most appropriate embellishments for this site.

Financial Implications

The DPIE has committed $5M in funding to undertake the design and construction of the embellishments.

Once the embellishment works are determined, Council will need to consider forward estimates and annual budget allocation for maintenance of the site and its facilities.

Attachments

Nil  


Extraordinary Council Meeting Agenda

30 June 2020

 

11        Efficient and Effective Council

11.1       Vacancy in Civic Office

File Number:           12275#17

 

Executive Summary

The Chief Executive Officer received a letter of resignation from Councillor Matt Smith on 23 June 2020.

There is now a casual vacancy in the civic office.  As we are within 18 months of the next Local Government election Council is required to seek permission from the Minister to not fill the vacancy or hold a by-election in accordance with s.294(2) of the Local Government Act (Act).  This report recommends making application to the Minister to not fill the vacancy until the next Local Government election scheduled to be held in September 2021.

 

Recommendation

That the Chief Executive Officer apply on behalf of Coucnil to the Minister for Local Government for an order that the vacancy not be filled the until the next Local Government election to be held in September 2021.

 

 

Report

The Chief Executive Officer received a letter of resignation from Councillor Matt Smith on 23 June 2020. Councillor Smith has resigned due to personal health reasons.

There is now a casual vacancy in civic office.  As we are within 18 months of the next Local Government ordinary election Council is required to seek an order from the Minister to not fill the vacancy or hold a by-election in accordance with s. 294(2) of the Act.

LOCAL GOVERNMENT ACT 1993 - SECT 294 Dispensing with by-elections

 (1) This section applies if a casual vacancy occurs in the office of a councillor, including a mayor elected by the electors of an area, within 18 months before the date specified for the next ordinary election of the councillors for the area.

(2) If such a casual vacancy occurs in the office of a councillor (but not the office of a mayor elected by the electors), the Minister may, on the application of the council--

(a) order that the vacancy not be filled, or

(b) order the holding on a stated day of a by-election to fill the vacancy and revoke any earlier order made under paragraph (a).

The September 2020 general election was postponed due to COVID 19 restrictions.

A by-election would be a significant cost to the Council and a reallocation of resources within the adopted budget. The final cost of the NSWEC conducting the 2017 by-election was $143,582.

Holding the casual vacancy until the next election would result in the community representation being 8 Councillors rather than 9 for the next 15 months.

The option of representation of 8 Councillors for the remainder of the current term would seem, on balance, to be a more favourable option for consideration by Council. It is therefore  recommended that the Chief Executive Officer on behalf of Council apply to the Minister for Local Government for an order that vacancy not be filled the until the next Local Government election to be held in September 2021.

Attachments

Nil    


Extraordinary Council Meeting Agenda

30 June 2020

 

12        Closed Reports  

Recommendation

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

12.1       Proposed Land Transfer to Council from Planning Ministerial Corporation - Part Lot 2 DP 522044 Appin Road, Appin

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

The report contains confidential commercial information which has been supplied and, if disclosed, would prejudice the person who supplied it.

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.