MINUTES

 

 

Ordinary Council Meeting

 

20 October 2020

 

 


Ordinary Council Meeting Minutes

20 October 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          Confirmation of Minutes. 5

9          Items to be Tabled. 5

10       Mayoral Minute. 5

10.1          Mayoral Minute. 5

          Items by Exception

13.1          Proposed Motion from Bland Shire Council to the Local Government Conference Regarding Mining Rates. 10

15.4          Investment of Funds as at 31 August 2020. 11

17.3          Claim for Domestic Waste Service Charge Refund. 12

17.4          Quarterly Legal Status. 13

11       Sustainable and Balanced Growth. 14

11.1          Participation agreement and the planning acceleration program.. 14

11.2          Amendments to Wollondilly Development Control Plan 2016 (WDCP) Volume 3 Subdivision of Land Part 3 Controls for Specific Locations -  3.4 Tahmoor West 15

11.3          Rural Industry Community Advisory Committee - September 2020 Meeting Minutes. 16

11.4          Planning and Advocacy for Essential Infrastructure for the Wilton Growth Area. 17

12       Management and Provision of Infrastructure. 18

12.1          Traffic Management Upgrades - Mount Hunter Public School 18

12.2          Concept Design for Wollondilly Community, Cultural & Civic Precinct Performing Arts Centre. 19

13       Caring for the Environment 20

14       Looking after the Community. 20

14.1          Proposed Commencement of a Council Preschool Service. 20

15       Efficient and Effective Council 21

15.1          Exhibition of the Wollondilly Shire Council Code of Conduct and associated Procedures and Gifts and Benefits Policy. 21

15.2          Cemeteries Policy Exhibition. 22

15.3          Smoke-Free Areas Policy Exhibition. 23

15.5          Illawarra Shoalhaven Joint Organisation’s (ISJO) Associate Membership Proposal 24

 

16       Notice of Motion/Rescissions. 25

16.1          Notice of Motion - Condell Park Homestead Wilton. 25

Urgent Business

12.3       Proposed Land Transfer to Council from Planning Ministerial Corporation - Part Lot 2 DP 522044 Appin Road, Appin......................................................................................... 26

17       Closed Reports. 27

17.2          Proposed acquisition of Land Lot 9 DP 233747, 436 Argyle Street, Picton. 29

Urgent Business

17.5          Acquisition - Lot 179 DP 751250 Great Southern Road, Bargo. 30

18       Questions for Next Meeting. 32

No reports this meeting

 

 


Ordinary Council Meeting Minutes

20 October 2020

 

MINUTES OF Wollondilly Shire Council
Ordinary Council Meeting
held online via Webcast
on Tuesday, 20 October 2020 at 6.34pm

 

PRESENT:              Cr Matthew Deeth, Cr Judith Hannan, Mayor Robert Khan, Cr Michael Banasik, Cr Simon Landow, Cr Noel Lowry

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

 

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 governing body and staff.

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 

Apologies were noted for Cr Blair Briggs and Cr Matt Gould.

 

7            Declaration of Interest

Nil

 

 

 

8            Confirmation of Minutes

Resolution  188/2020

Moved:       Cr Michael Banasik

Seconded:  Cr Matthew Deeth

That the minutes of the Ordinary Council Meeting held on 15 September 2020 be confirmed.

 

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

 

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

Against:           Nil

 

9            Items to be Tabled

·                The Disclosure of Interest Register 2019/20 is “tabled” and available for inspection in accordance with the Act.

 

10          Mayoral Minute

10.1       Mayoral Minute

 

REPORT

This Mayoral Minute provides an update on key events attended by the Mayor or Councillors over the past month (Attachment 1).  Tonight I would also like to acknowledge the Women in Local Government Campaign and also seek Council endorsement to progress some significant current issues.

 

 

1.       The Women in Local Government Campaign

 

The Women in Local Government campaign was launched by the State Government and Office of Local Government. The campaign is designed to help inspire and empower more women to stand for their local community and nominate to run for their local council at the next election. Currently women represent only 31 per cent of all councillors serving on 128 local councils across the State.

 

In the lead up to the next election, Wollondilly Shire Council will be hosting a Women’s Candidate Forum aimed at increasing female participation in local government to the benefit of Council and the community.

 

I would like to acknowledge this campaign and to support it I would like to show a brief video to the community about why a number of prominent women joined local government.

 

A video https://youtu.be/8-3FP_w9lIE  was played on women in Local Government.

 

 

 

2.       National Broadband Upgrade and Investment in Wollondilly’s Future

 

I welcome the Federal Government’s announcement of a $4.5 billion investment in better access to ultra-fast broadband.  Wollondilly Shire Council calls upon the National Broadband Network (NBN Co) to partner with us and the community to address current and emerging needs in the area.

 

This investment will see an increasing number of premises and businesses able to access high-speed connections. The time is right for this network upgrade as fast and reliable internet connections are not available in many areas of the Wollondilly Shire at the moment.  During COVID-19 restrictions we have seen more and more people working from home, an increase in online education and the provision of remote health services. Our businesses have adjusted to online service delivery despite limited access to business grade services.

 

Council is calling on the government to invest in Wollondilly so that our residents can work effectively from home and our local businesses can run successfully.

 

Wollondilly residents have identified digital connectivity challenges during consultation for the Smart Shire Strategy in 2018 and it is still a challenge in 2020. Our Smart Shire strategy identifies high-quality connectivity as critical to a thriving community. Technology helps us be more efficient in how we use and create power, how we manage water use, and how we heat and cool our buildings. Our current networks do not support the data demand of these systems, which is a barrier to growing our local economy.

 

To be successful, our small and medium businesses need to use cloud applications, digital tools, and real-time communication services to connect to customers and employees.

 

I am moving a motion that Council write to the National Broadband Network asking it to partner with Council to upgrade the National broadband coverage across the Wollondilly Shire and address any emerging issues, considering our strategic location to the new Western Sydney Airport and Aerotropolis.

 

 

3.       Make Macarthur Blue Day

 

Make Macarthur Blue Day was held on 10 October 2020 in recognition of the 24 Hour Fight Against Cancer Macarthur walkathon event.  This event every year raises money for the Campbelltown Cancer Unit at Campbelltown Hospital.

 

Wollondilly Shire Council participates every year and this year due to COVID-19 the participation has been very different.

 

I would like to move that Council donate $1,000 towards the fundraising event and note the Committee’s wonderful efforts to continue the 24 Hour Fight Against Cancer Macarthur event in memory of the late Fred Borg.

 

 

4.       Community Recovery Support and Funding

 

Councillors I would like to raise an issue regarding recovery support for our community.

 

Through Resilience NSW, Community Links Wellbeing have received funding for a Recovery Support Service and Council has received support funding for a Community Recovery Officer to assist our community in their recovery journey.  This funding is for a 12 month period and is very welcomed.  We thank the NSW government for their support.  The work to date by these services has been excellent and is critical in the recovery of our community.

 

As we know Community recovery after such an unprecedented event as the Green Wattle Creek Fire is beyond Council resourcing; will take in excess of 12 months; and the COVID challenges will also impact further upon the recovery process.

 

So many people have never accessed support and it is very overwhelming, confronting and it can take a while for people to talk about all of the issues.  These services have already established and developed trust and it takes more than one year to build this trust.  Programs can also take longer than 12 months to reach people.  This has also been highlighted by our community during our recent Bushfire Workshops and debriefing sessions.

 

We are coming up to the 12 month anniversary, recovery efforts are only just starting to kick in for our community and there are more people out there needing support.  This issue was discussed recently at our Recovery and Resilience Committee Meeting and a recommendation has been put forward by the committee to approach Resilience NSW to extend the support funding term beyond 12 months.

 

I am recommending that Council write to Resilience NSW thanking it for its support and requesting extended funding for a minimum of a further three year period for the Wollondilly Recovery Support Service and Council’s Community Recovery Officer to ensure momentum is not lost, and the knowledge and expertise retained, to help our community in the recovery and preparedness journey.

 

 

5.       Waste to Art Exhibition and Competition

 

On Monday, 28 September 2020, I officially opened the Waste to Art Exhibition and Competition in the Old Post Office.

 

The exhibition and competition attracted 28 artists who created a range of works from waste and recyclable materials.

 

The Deputy Mayor, Cr Banasik, assisted me to announce the winners. Congratulations to all those who entered.

 

Robert Khan

Mayor

October 2020

Resolution  189/2020

Moved:       Mayor Robert Khan

Seconded:  Cr Michael Banasik

That Council:

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

2.       Acknowledge and support the Women in Local Government Campaign.

3.       Write to the National Broadband Network asking it to partner with Council to upgrade the National Broadband coverage across the Wollondilly Shire and address any emerging issues, considering our strategic location to the new Western Sydney Airport and Aerotropolis.

4.       Donate $1,000 towards the 24 Hour Fight Appeal and note the Committee’s wonderful efforts to continue the 24 Hour Fight Against Cancer Macarthur walkathon event in memory of the late Fred Borg.

5.       Write to Resilience NSW thanking it for its support and requesting extended funding for a minimum of a further three year period for the Wollondilly Recovery Support Service and Council’s Community Recovery Officer to ensure momentum is not lost, and the knowledge and expertise retained, to help our community in the recovery and preparedness journey.

6.       The Mayor write to the Minister for Planning and Public Spaces seeking a meeting regarding rural lands and supporting agri-business and tourism activities.

 

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

 

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

Against:           Nil

 


 

ITEMS BY EXCEPTION

The Mayor advised he would now like to deal with Items by Exception.

Suspension of Standing Orders

Resolution  190/2020

Moved:       Mayor Robert Khan

Seconded:  Cr Matthew Deeth

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 Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Simon Landow and Noel Lowry

Against:           Nil

 

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

Note: Item 17.1 was withdrawn prior to the meeting.

Councillors called out the matters which they wanted to speak to, debate or move an Alternate Motion on to be excluded from the block resolve.

 

items by exception

Resolution  191/2020

Moved:       Mayor Robert Khan

Seconded:  Cr Matthew Deeth

That Council block resolve Items 13.1, 15.4, 17.3 and 17.4 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 Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Simon Landow and Noel Lowry

Against:           Nil

 

 

 

 

 

 

 

 

 

 

13.1       Proposed Motion from Bland Shire Council to the Local Government Conference Regarding Mining Rates

Resolution  192/2020

Moved:       Mayor Robert Khan

Seconded:  Cr Matthew Deeth

1.       That Council give in-principle support to the Notice of Motion lodged by Bland Shire Council with Local Government NSW as a member council of the Mining and Energy Related Councils due to potential significant adverse implications to Council’s revenue structure.

2.       That pursuant to recommendation 1. above, the in-principle support of Wollondilly Shire Council to this Notice of Motion be advised to Bland Shire Council; the Executive Officer of the Mining and Energy Related Councils; and the Member for Wollondilly.

 

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

 

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

Against:           Nil

 


 

15.4       Investment of Funds as at 31 August 2020

Resolution  193/2020

Moved:       Mayor Robert Khan

Seconded:  Cr Matthew Deeth

That the information and certification in relation to the investment of Council funds as at 31 August 2020 be noted.

 

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

 

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

Against:           Nil

 


 

17.3       Claim for Domestic Waste Service Charge Refund

Resolution  194/2020

Moved:       Mayor Robert Khan

Seconded:  Cr Matthew Deeth

That Council credits the $1,943.19 to Rates Assessment 24259 for 36 Menangle Street, Picton.

 

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

 

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

Against:           Nil

 


 

17.4       Quarterly Legal Status

Resolution  195/2020

Moved:       Mayor Robert Khan

Seconded:  Cr Matthew Deeth

That Council receive and note the Quarterly Legal Status report.

 

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

 

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

Against:           Nil

 

 

Resumption of Standing Orders

Resolution  196/2020

Moved:       Mayor Robert Khan

Seconded:  Cr Judith Hannan

That Council resume standing orders.

 

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

 

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

Against:           Nil

 


 

11          Sustainable and Balanced Growth

11.1       Participation agreement and the planning acceleration program

Resolution  197/2020

Moved:       Cr Judith Hannan

Seconded:  Cr Michael Banasik

That Council:

1.       Confirms Council’s commitment to further accelerating planning decision making to support the creation of local jobs and economic stimulus in the Wollondilly Shire.

2.       Endorses Council’s participation in the NSW government’s Public Spaces Legacy Program to secure a $4m grant for the delivery of public infrastructure for the Wollondilly community and commits to accelerate planning decisions to deliver the Program’s required performance improvements and targets.

3.       Authorises the CEO to sign the Participation Agreement on Council’s behalf.

4.       Exhibits the proposed changes to the notification provisions in the Community Participation Plan for minor development as detailed in this report, noting that these changes are needed to enable Council to meet the $4m Public Spaces Legacy Program grant requirements but will not compromise Council’s rigour in ensuring appropriate assessment of all DAs.

5.       Notes that a future report will be prepared for Council on the results of the exhibition process.

6.       Refers nominated planning proposals to the Department of Planning, Industry and Environment for determination where they meet the following criteria:

(a)     Gateway determination more than 4 years old; and

(b)     Unresolved State issues preventing determination by Council.

7.         If Council agree to the changes to the community participation plan after exhibition, then all Councillors be notified of all DAs through the DA Tracker.

8.         That all DA applications, correspondence and notification have information of the DA Tracker and planning alerts included.

 

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

 

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

Against:           Nil

 


 

11.2       Amendments to Wollondilly Development Control Plan 2016 (WDCP) Volume 3 Subdivision of Land Part 3 Controls for Specific Locations -  3.4 Tahmoor West

Resolution  198/2020

Moved:       Cr Matthew Deeth

Seconded:  Cr Michael Banasik

1.       That Council supports the public exhibition of the proposed amendments to Wollondilly Development Control Plan 2016 Volume 3 Part 3 Controls for Specific Locations (3.4) Tahmoor West with the following changes:

a.         Update the structure plan contained in attachment 6 to reflect Planning for Bushfire Protection 2019 to show a 32m APZ buffer from the proposed E2 zone along the northern boundary to the developable area and an APZ distance of 16m from the western boundary.

 

b.         Update the structure plan contained in attachment 6 to include an additional notation that the 6m wide fire trail is to be constructed to PBP 2019 standard and sealed with bitumen 2 coat seal.

 

c.         Insert an additional Control (to be listed as control No 8) to the draft controls contained in attachment 5 as follows:

 

‘8. Land shall be developed in accordance with the Tahmoor West structure plan provided in 3.4 of this volume.’

 

2.         That Council notifies the proponent, landowners and submitters of Council’s decision.

 

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

 

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

Against:           Nil

 


 

 

11.3       Rural Industry Community Advisory Committee - September 2020 Meeting Minutes

Resolution  199/2020

Moved:       Cr Judith Hannan

Seconded:  Cr Noel Lowry

That Council notes the recommendations of the Rural Industry Community Advisory Committee meeting of 2 September 2020.

 

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

 

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

Against:           Nil

 


 

11.4       Planning and Advocacy for Essential Infrastructure for the Wilton Growth Area

Resolution  200/2020

Moved:       Cr Judith Hannan

Seconded:  Cr Matthew Deeth

That Council:

1.       Continues to advocate strongly for accelerated delivery of NSW Government infrastructure to create vibrant, healthy and sustainable communities in our new town in Wilton, and to support local economic recovery and job creation, particularly:

 

·                effective public transport, including electrified rail

·                a new health precinct

·                the new K-12 government school

·                a cohesive and connected pedestrian and cycling movement network

·                strong social connection and community participation

·                efficient water use and reuse

·                effective wastewater servicing

·                an extensive tree coverage

·                the protection of native animals and implementation of a koala conservation strategy

·                preservation and protection of significant vegetation through the Cumberland Plain Conservation Plan

·                protection and promotion of waterway health

·                growth of and access to healthy food

·                embedding of innovative technology

·                local jobs for residents

·                efficient energy consumption for buildings, focused on orientation and design

·                urgent upgrade to the Picton Road and Hume Highway intersection

·                urgent widening of the Picton Road in stages to Wollongong.

          Emphasising this is about infrastructure acceleration, not acceleration of Wilton.

 

2.         Advocate for the NSW Government to prioritise and fast track the Wilton infrastructure phasing plan.

 

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

 

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

Against:           Nil

 


 

12          Management and Provision of Infrastructure

12.1       Traffic Management Upgrades - Mount Hunter Public School

Resolution  201/2020

Moved:       Cr Judith Hannan

Seconded:  Cr Matthew Deeth

That the following endorsed traffic management upgrades be approved in order to improve pedestrian safety around the school:

1.       LTC Recommendation 1.3 - Proposed Traffic Zones on Spring Creek Road and Westbrook Road adjacent to Mount Hunter Public School.

1.1     Approve the implementation of 140m of ‘No Stopping Zone’ (R5-400) on both sides of Spring Creek Road from Burragorang Road intersection to the south boundary of the school.

1.2     Approve the curtail of existing time restricted (8:00am - 9:30am & 2:30pm - 4:00pm - School Days) ‘Bus Zone’ (R5-20) to 22m from Burragorang Road intersection with Westbrook Road on south side (one way section).

1.3     Approve the implementation of 20m of time restricted (8:00am - 9:30am & 2:30pm - 4:00pm - School Days) 10 minutes ‘Parking Zone’ (R5-14) on south side of Westbrook Road (one way section).

1.4     Approve the implementation of 20m of time restricted (8:00am - 9:30am & 2:30pm - 4:00pm - School Days) 10 minutes ‘Parking Zone’ (R5-14) on north side of Westbrook Road (one way section) adjacent to the Soldiers Memorial Park.

2.       That Council continues its advocacy and support for any safety initiative on our roads particularly around schools and increasing child pedestrian safety.

3.       That prior to the implementation of the adopted parking regime, Council undertakes an engagement and education process with the Mt Hunter Public School to ensure that parents, teachers and students understand the application of these safety upgrades to ensure best possible safety outcomes.

 

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

 

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

Against:           Nil

 


 

 

12.2       Concept Design for Wollondilly Community, Cultural & Civic Precinct Performing Arts Centre

At 7:28 pm, Cr Judith Hannan left the meeting returning at 7:29 pm.

Resolution  202/2020

Moved:       Cr Matthew Deeth

Seconded:  Cr Noel Lowry

That Council:

1.       Note the achievement of project milestones and progress to date on Stage 1 of the Wollondilly Community, Cultural and Civic Precinct.

2.       Endorse the ‘Concept Design Brief’ for the Performing Arts Centre to allow progression with detail design through to construction in accordance with the program.

3.       Note the operational cost structures for the Precinct development will be included in the drafting of future Operational Plans and supporting budgets.

4.       Bring forward the planning and architectural design for Stage 2 of the precinct, the Government Services Building, to 2020/21 in order to expedite the overall precinct project delivery, maximise planning and construction efficiencies, align with operational depot planning and ensure best practice workplace design.

 

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

 

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

Against:           Nil

 


 

13          Caring for the Environment

 

Item - 13.1 Proposed Motion from Bland Shire Council to the Local Government Conference Regarding Mining Rates - has been moved to the items by exception part of the document.

 

14          Looking after the Community

14.1       Proposed Commencement of a Council Preschool Service

Resolution  203/2020

Moved:       Cr Judith Hannan

Seconded:  Cr Matthew Deeth

That Council

1.       Supports the concept of commencing operation of a new preschool service as part of the relocation of childcare services, preferably within the Community, Cultural and Civic Precinct development in Picton, if the outdoor playground can be thought of as a multi-use space, such as community-accessed school play space and not for exclusive use.

2.       Proceeds to undertake further project planning and preparation work with a view towards the new service commencing in 2022.

3.       Be provided with a report prior to May 2021 providing a progress update on project planning and outlining financial implications, with the findings and recommendations of this report to be considered in the preparation of Council’s Delivery Plan and Operational Plans for 2021/22 onwards.

 

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

 

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

Against:           Nil

 


 

15          Efficient and Effective Council

15.1       Exhibition of the Wollondilly Shire Council Code of Conduct and associated Procedures and Gifts and Benefits Policy

Resolution  204/2020

Moved:       Cr Judith Hannan

Seconded:  Cr Michael Banasik

That, subject to the cap on the value of gifts that may be accepted remaining at the current level of $50, the draft Wollondilly Shire Council Gifts and Benefits Policy, Code of Conduct and the associated Procedures be placed on public exhibition for community consultation.

 

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

 

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

Against:           Nil

 


 

15.2       Cemeteries Policy Exhibition

Resolution  205/2020

Moved:       Cr Michael Banasik

Seconded:  Cr Judith Hannan

1.       That Council endorse the public exhibition of the Cemeteries Policy for a period of 28 days with a further 14 days for submissions.

2.       That a report come to Council following the submission period for the Policy to be adopted.

3.       That Council write to all holders of internment certificates advising of this proposed policy and further we write to all funeral directors within the Shire.

 

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

 

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

Against:           Nil

 


 

15.3       Smoke-Free Areas Policy Exhibition

Resolution  206/2020

Moved:       Cr Michael Banasik

Seconded:  Cr Matthew Deeth

1.       That Council endorse the public exhibition of the Smoke-Free Areas Policy for a period of 28 days with a further 14 days for submissions.

2.       That a report come to Council following the submission period for the Policy to be adopted.

3.       That Council write to all management committees and user groups within the shire advising them of this draft policy.

 

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

 

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

Against:           Nil

 

 

Item - 15.4 Investment of Funds as at 31 August 2020 - has been moved to the items by exception part of the document.

 


 

15.5       Illawarra Shoalhaven Joint Organisation’s (ISJO) Associate Membership Proposal

Resolution  207/2020

Moved:       Cr Matthew Deeth

Seconded:  Cr Judith Hannan

That Council endorse the Associate Membership proposal to join the Illawarra Shoalhaven Joint Organisations (ISJO).

 

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

 

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

Against:           Nil

 


 

16          Notice of Motion/Rescissions

16.1       Notice of Motion - Condell Park Homestead Wilton

Resolution  208/2020

Moved:       Cr Matthew Deeth

Seconded:  Cr Judith Hannan

That Council:

1.       Supports the heritage Condell Park Homestead as one of the most significant heritage assets in Wilton.

2.       Requests staff to bring a report to Council as a priority outlining how the Homestead can be best protected and enhanced for the community including options for bringing it into public ownership.

3.       Ask Wilton Primary School for a copy of the DVD on the history of Wilton.

 

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

 

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

Against:           Nil

 


 

URGENT BUSINESS

Cr Lowry requested Council consider a motion in relation to Council Resolution 118/2020 from 30 June 2020 regarding a Proposed Land Transfer to Council from Planning Ministerial Corporation - Part Lot 2 DP 522044 Appin Road, Appin as a matter of great urgency:

The Mayor ruled the matter to be of great urgency.

Resolution  209/2020

Moved:       Cr Noel Lowry

Seconded:  Cr Judith Hannan

That Council consider a motion in accordance with Resolution 118/2020 “That Council authorise the Chief Executive Officer, or his delegate, to finalise the boundaries of the part of Lot 2 DP 522044 to be transferred to Council based on the indicative area shown in Figure 2 of the report” dated 30 June 2020 as a matter of urgency.

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

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

Against:           Nil

 

12.3       URGENT BUSINESS - PROPOSED LAND TRANSFER TO COUNCIL FROM PLANNING MINISTERIAL CORPORATION - PART LOT 2 DP 522044 APPIN ROAD, APPIN

Resolution  210/2020

Moved:       Cr Noel Lowry

Seconded:  Cr Judith Hannan

That in accordance with Resolution 118/2020, the CEO hold discussions with the DPIE regarding potential options, for example, negotiating a suitable boundary around the house at Lot 2 DP 522044 for the purpose of Operational Land to ensure Council has revenue to help offset potential depreciation and operational costs.

 

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

 

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

Against:           Nil

 

 


 

17          Closed Reports

The Mayor advised that the following Item was withdrawn:

17.1   PROPOSED ACQUISITION OF LAND - LOT 27 DP 32597, 32 MARGARET STREET, PICTON.

 

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

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

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  211/2020

Moved:       Mayor Robert Khan

Seconded:  Cr Matthew Deeth

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:

17.2       Proposed acquisition of Land Lot 9 DP 233747, 436 Argyle Street, Picton

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

Negotiations for the acquisition of property would prejudice Council during the negotiation process if released.

17.5       Acquisition - Lot 179 DP 751250 Great Southern Road, Bargo

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

If information is disclosed, it would prejudice Council's commercial position whilst carrying out negotiations with the other party.

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 Matthew Deeth, Judith Hannan, Robert Khan, Michael Banasik, Simon Landow and Noel Lowry

Against:           Nil

 

Council moved into closed session at 8.08pm.

 

Suspension of Standing Orders

Resolution  212/2020

Moved:       Cr Simon Landow

Seconded:  Cr Michael Banasik

That Council suspend standing orders and move into a Committee of the Whole.

 

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

 

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

Against:           Nil

 

 

 

Resumption of Standing Orders

Resolution  213/2020

Moved:       Cr Judith Hannan

Seconded:  Cr Matthew Deeth

That Council move out of the Committee of the Whole and resume standing orders.

 

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

 

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

Against:           Cr Noel Lowry

 

 


 

 

17.2       Proposed acquisition of Land Lot 9 DP 233747, 436 Argyle Street, Picton

Resolution  214/2020

Moved:       Cr Judith Hannan

Seconded:  Cr Matthew Deeth

1.       That Council authorise the Chief Executive Officer and appointed delegates to enter into negotiations to acquire Lot 9 DP 233747, 436 Argyle Street, Picton (Land) to the estimated budget and terms set out in this report.

2.       That an initial budget of $10,000 for advice and ancillary costs be introduced immediately and the remainder of the budget recommended in this report being introduced, upon successful negotiations and agreement to terms, funded from the Property Reserve.

3.       That the Mayor and Chief Executive Officer be given approval to execute all documents in relation to the acquisition, if successful, requiring the Common Seal of Council.

4.       That Council delegate the Chief Executive Officer and appointed delegates to execute any documents associated with the acquisition process.

5.       That upon acquisition, the Land be classified as ‘Operational’.

 

On being put to the meeting the motion was declared carried 4/2

 

In Favour:       Crs Matthew Deeth, Judith Hannan, Robert Khan and Noel Lowry

Against:           Crs Michael Banasik and Simon Landow

 

 

Item - 17.3 Claim for Domestic Waste Service Charge Refund - has been moved to the items by exception part of the document.

 

Item - 17.4 Quarterly Legal Status - has been moved to the items by exception part of the document.


 


17.5       Acquisition - Lot 179 DP 751250 Great Southern Road, Bargo

Resolution  215/2020

Moved:       Cr Matthew Deeth

Seconded:  Cr Judith Hannan

That Council:

 

1.         Approves the acquisition of the Property.

2.         Authorise its representative Chief Executive Officer or appointed sub-delegates to attend the Auction on 7 November 2020 to acquire the Property with consideration up to a maximum of the formal valuation + 10%.

3.         Delegate its Chief Executive Officer or appointed sub-delegate to act on Council’s behalf at the Auction, including the execution of Contracts if successful in the bidding to acquire the Property.

4.         Authorise the Chief Executive Officer or appointed sub-delegates to negotiate the acquisition of the Property by private treaty if it is passed in at Auction, or prior to Auction, with consideration up to a maximum of the formal valuation + 10%.

5.         Upon acquisition, the Property be classified as “Operational Land”.

6.         Delegate the Mayor and Chief Executive Officer approval to execute all documentation in relation to the acquisition including documents requiring the Common Seal of Council.

7.         Approve that funding be allocated from Property and Cemetery Reserve.

8.         That an additional budget of $10,000 for advice and ancillary costs be introduced immediately and the remainder of the budget recommended in this report being introduced, upon successful negotiations and agreement to terms.

9.         Agree that the next steps and future development options will be reported to Council at a future meeting once the acquisition, the subject of this report, has been completed.

 

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

 

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

Against:           Nil

 


 

Resolution  216/2020

Moved:       Cr Matthew Deeth

Seconded:  Cr Noel Lowry

That Council moves out of the Closed Council into Open Council.

 

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

 

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

Against:           Nil

 

The Ordinary meeting re-opened to the public and media at 8.56pm with all those present prior to closing.

 

Urgent business - late report 17.5 - Acquisition - Lot 179 DP 751250 Great Southern Road, Bargo.

The Mayor advised that he ruled the late report 17.5 dealt with in closed session to be a matter of great urgency. He put the following motion to the meeting for the minutes.

Resolution  217/2020

Moved:       Cr Noel Lowry

Seconded:  Mayor Robert Khan

That Council dealt with the late closed report - Item 17.5 - Acquisition - Lot 179 DP 751250 Great Southern Road, Bargo as urgent business.

 

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

 

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

Against:           Nil

 

 

The Mayor advised that the resolutions adopted during closed session were displayed on screen for the public.

 

 


 

18          Questions for Next Meeting

No reports this meeting 

 

The Meeting closed at 8.58pm.

 

The minutes of this meeting were confirmed at the Ordinary Council Meeting held on 17 November 2020.

 

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

MAYOR