Minutes of Ordinary Meeting of Council - 24 February 2016 · 2017-06-23 · Clr G M Turland asked if the Mayor will apologise to Clr Gair for making the statement, that he should

MINUTES

of the

Ordinary Meeting of Council

held in

Council Chambers

Civic Centre, Elizabeth Street, Moss Vale

on

Wednesday 24 February 2016

Wednesday 31 The meeting commenced at 3.30 pm

File No. 100/2016

MINUTES OF THE ORDINARY MEETING OF COUNCIL


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1. OPENING OF THE MEETING

2. ACKNOWLEDGMENT OF COUNTRY

3. PRAYER

4. APOLOGIES

Clr J Uliana

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 10 February 2016

6. BUSINESS ARISING ...................................................................................... 2

7. DECLARATIONS OF INTEREST ................................................................... 4

8. MAYORAL MINUTES ..................................................................................... 5

8.1 Reception of Battle for Berrima Declarations ......................................... 5

8.2 2016 Local Government Elections ......................................................... 6

9. PUBLIC FORUM ............................................................................................ 7

COMMITTEE OF THE WHOLE

10. VISITOR MATTERS ....................................................................................... 9

OPERATIONS

Nil .............................................................................................................. 9

CORPORATE & STRATEGY

Nil .............................................................................................................10

11. EN BLOC MOTION .......................................................................................11

12. OPERATIONS FINANCE & RISK .................................................................12

12.1 Investment Report as at 31 January 2016 ............................................12

12.2 Acquisition of Land for Road Widening, Being Part Lot 1 DP 183599 Ringwood Lane Exeter .........................................................................13

12.3 Licence Agreement to Rural Fire Service, Part Lot 71 DP869189 Drapers Road, Colo Vale ......................................................................15

12.4 Proposed Acquisition of Land, Part 610 Moss Vale Road, Burradoo .....16

12.5 Request for Dedication to Wingecarribee Shire Council of Crown Land known as Corbett Gardens Bowral. ..............................................17

12.6 Lease of 71 Station Street, Bowral ........................................................18

12.7 Acquisition of Easement, 18 Southwood Place, Mittagong ....................19

12.8 Replacement of Kirkland Road Bridge, East Kangaloon .......................21

12.9 Bong Bong Road Rehabilitation, Mittagong...........................................22

12.10 Railway Terrace Bridge Approaches, Willow Vale .................................23

12.11 Ellsmore Road Rehabilitation, Bundanoon and Exeter ..........................24



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12.12 Tender for Management & Operation Mittagong Caravan Park, 1 Old Hume Highway Mittagong .....................................................................25

13. CORPORATE STRATEGY & DEVELOPMENT SERVICES .........................26

13.1 Draft Customer Service Strategy 2016-2021 .........................................26

13.2 Bi-Annual Delivery Program Progress Report, July - December 2015 ...27

13.3 Douglas Road Planning Agreements - Outstanding Matters .................28

14. GENERAL MANAGER ..................................................................................30

14.1 Triple Zero (000) Cricket Challenge 2016 Request for Sponsorship .....30

14.2 Legal Affairs ..........................................................................................31

14.3 Request for Leave of Absence - Clr John Uliana ..................................32

15. DELEGATE REPORTS .................................................................................33

16. PETITIONS ....................................................................................................34

16.1 Petition 02/2016 - Petition for Replacement of Aitken Road Street Trees ....................................................................................................34

16.2 Petition 03/2016 - Closure of Ellsmore Road between Middle Road and Exeter Road, Exeter .......................................................................35

17. CORRESPONDENCE FOR ATTENTION ......................................................36

Nil .............................................................................................................36

18. COMMITTEE REPORTS ...............................................................................37

18.1 Minutes of the Finance Committee Meeting held on Wednesday, 17 February 2016 ......................................................................................37

18.2 Minutes of the Business Units Committee SRLX Meeting held on Friday, 5 February 2016 ........................................................................39

18.3 Notes of the Business Units Committee RRC Meeting of Friday, 5 February 2016 ......................................................................................41

19. QUESTIONS WITH NOTICE .........................................................................42

19.1 Question with Notice 02/2016 - Bowral Country Golf Course ................42

20. NOTICES OF MOTION ..................................................................................44

QUESTIONS FROM THE PUBLIC

MAYOR RESUMES THE CHAIR

21. GENERAL BUSINESS ..................................................................................61

22. CLOSED COUNCIL.......................................................................................62

Moving into Closed Session ...........................................................................62

22.1 Replacement of Kirkland Road Bridge, East Kangaloon .......................66

22.2 Bong Bong Road Rehabilitation, Mittagong...........................................67

22.3 Railway Terrace Bridge Approaches, Willow Vale .................................68

22.4 Ellsmore Road Improvements, Bundanoon and Exeter .........................69



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22.5 Tender for Management & Operation Mittagong Caravan Park, 1 Old Hume Highway Mittagong .....................................................................70

22.6 Acquisition of Easement, 18 Southwood Place, Mittagong ....................71

22.7 Douglas Road Planning Agreements - Outstanding Matters .................72

22.8 Legal Affairs ..........................................................................................73

19.1 Question with Notice 02/2016 - Bowral Country Golf Course ................74

22.4 Ellsmore Road Improvements, Bundanoon and Exeter .........................76

Resumption of Open Council .........................................................................78

Adoption of Closed Council ............................................................................78

24. ADOPTION OF COMMITTEE OF THE WHOLE ............................................78

25. MEETING CLOSURE ....................................................................................79



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MINUTES OF THE ORDINARY MEETING OF WINGECARRIBEE SHIRE COUNCIL HELD IN COUNCIL CHAMBERS, CIVIC CENTRE, ELIZABETH STREET, MOSS VALE ON WEDNESDAY 24 FEBRUARY 2016 COMMENCING AT 3.30 PM

Present: Clr L A C Whipper (Mayor)

Clr J G Arkwright Clr H R Campbell Clr J R Clark Clr T D Gair Clr G McLaughlin Clr I M Scandrett Clr G M Turland

In Attendance: General Manager Ms Ann Prendergast

Deputy General Manager Operations, Finance and Risk Mr Barry W Paull Deputy General Manager Corporate, Strategy and Development Services Mr Mark Pepping Group Manager Corporate and Community Mr Nick O’Connor Group Manager Planning, Development and Regulatory Services Mr Nicholas Wilton Chief Financial Officer (in part) Mr Richard Mooney Manager Design and Construction (in part) Mr Peter Smith Legal Counsel Ms Christine Cunningham Legal Intern Mr Matthew Favetta Administration Officer Ms Liz Johnson

1. OPENING OF THE MEETING The Mayor Clr L A C Whipper opened the meeting and welcomed members of the public and the press.

2. ACKNOWLEDGEMENT OF COUNTRY The Mayor Clr L A C Whipper acknowledged country: “We acknowledge the Traditional Owners and Custodians of this Land and we pay respect to the past and present Elders of the Country we are meeting on today.”



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3. PRAYER

The meeting was led in prayer by Paul Mangion, the President of Hill Top Church.

4. APOLOGY

MN 42/16

MOTION moved by Clr J G Arkwright and seconded by Deputy Mayor I M Scandrett THAT the apology of Clr J Uliana be accepted and leave of absence granted. PASSED

5. CONFIRMATION OF MINUTES

100/1

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON WEDNESDAY 10 FEBRUARY 2016

MN 43/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr J R Clark THAT the minutes of the Ordinary Meeting of Council held on Wednesday 10 February 2016 MN 01/16 to MN 41/16 inclusive, copies of which were forwarded to Councillors, be adopted as a correct record of the proceedings of the meeting. PASSED

6. BUSINESS ARISING 1. ITEM 21 – GENERAL BUSINESS 5305, 5305/11, 5305/8, 101/15 Clr T D Gair referred to page 62 and his question in relation to the public rally at Berrima and the comment made by the Mayor regarding his position. Clr Gair [played recording] and confirmed his position from the Meeting of 9 September 2015 and that what was said was clearly wrong. The Mayor Clr L A C Whipper advised that he made a statement.



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Clr Gair referred to apprehended bias and advised that his position cannot be discriminated against. Clr Gair advised that he is not in favour of Hume Coal, nor is he part of a protest group. He advised that he does not have a vested interest either way until he is in receipt of the Environmental Impact Statement. Clr G M Turland asked if the Mayor will apologise to Clr Gair for making the statement, that he should be ashamed of his stance, and if the Mayor has met with Clr Gair as he stated he would at the meeting of 10 February 2016. The Mayor Clr L A C Whipper advised that they had a brief meeting. Clr Gair stated he was still waiting to receive the notes that he requested. Clr I M Scandrett addressed the meeting stating that Clrs McLaughlin, Turland and Gair had previously made statements in the newspaper at the campaign for the 2012 Council elections on their stance in relation mining. Clr G McLaughlin acknowledged that the Mayor had apologised for his comment made at the meeting of 10 February 2016, and thanked him for the apology as he believed it was the right thing to do. [Clr McLaughlin made a number of statements which the Mayor ruled out of order]. The Mayor Clr L A C Whipper ruled that Clr McLaughlin was out of order and requested an apology. Clr McLaughlin apologised for his comments. Clr H R Campbell advised that she has made her standing on the mining issue clear but reminded the meeting that Council is not the final consent authority and that will be done by the State Government.

2. ITEM 21 GENERAL BUSINESS LSE 15/022, LSE90, 6612/1.1, PN215900 Clr G M Turland referred to his question regarding the Bowral Country Golf Course on page 60 of the Minutes and noted that his first question was addressed to Clr Uliana and it should have been replied to by Clr Uliana but was answered by the Mayor. Clr Turland asked for this to be corrected. The Mayor Clr L A C Whipper asked Clr Turland to resume his seat and advised that the Minutes of the previous meeting had already been adopted.



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7. DECLARATIONS OF INTEREST

101/3, 101/3.1 That where necessary any Councillor now disclose any interest and the reason for declaring such interest in the matters under consideration by Council at this Meeting and to complete the appropriate form to be handed up at the Meeting. There were no Declarations of Interest at this Meeting.



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8. MAYORAL MINUTES

8.1 Reception of Battle for Berrima Declarations

Reference: 102/5, 5305/5, 5305/11 Report Author: Group Manager Corporate & Community Authoriser: Mayor Link to Corporate Plan: Ensure systems and processes are in place to achieve

mutual trust and collaboration

PURPOSE The purpose of this Mayoral Minute is to suspend Standing Orders to receive declarations from residents in support of the designation of Berrima and Medway as ‘Coal Free Villages’. Further, this Mayoral Minute seeks Council’s approval to permit Battle for Berrima representative Mr Stewart Bunn to deliver a short address to Council.

MN 44/16

MOTION moved by Clr T D Gair and seconded by Deputy Mayor I M Scandrett 1. THAT Council suspends Standing Orders to receive the declarations from

Berrima and Medway residents supporting the designation of those localities as ‘Coal Free Villages’.

2. THAT Council invites Battle For Berrima representative Mr Stewart Bunn to

deliver a short address to Council. 3. THAT Council seek a meeting with NSW Premier Mike Baird to present the

residents’ declarations. PASSED

Mr Stewart Bunn addressed Council and presented the Mayor Clr L A C Whipper with the residents’ declarations.

The Mayor Clr L A C Whipper accepted the declarations from the people of Berrima and Medway, and advised that he was honoured to accept the declarations.



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8.2 2016 Local Government Elections

Reference: 102/5, 105 Report Author: Group Manager Corporate & Community Authoriser: Mayor Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this Mayoral Minute is to affirm Council’s position regarding the timing of the next quadrennial local government elections, while also emphasising the practical benefits of conducting elections for all Councils at the same time. Further, this Mayoral Minute seeks the Minister for Local Government’s consideration to amend the Local Government Act 1993 to disqualify land speculators, developers, real estate agents or lobbyists from the development industry from standing for election at a local government election.

MN 45/16

MOTION moved by Mayor L A C Whipper and seconded by Clr J G Arkwright 1. THAT Council affirms its position of 10 February 2016 regarding its request to

the Minister for Minister for Local Government The Hon Paul Toole, MP, confirming it is this Council’s strong preference for all Councils throughout New South Wales to hold their ordinary election of councillors on 10 September, 2016 as required by s287 of the Local Government Act.

2. THAT in affirming (1) above, Council acknowledges that holding local

government elections for all Council areas at the same time throughout NSW would avoid voter confusion and undue complication.

3. THAT Council asks the Minister for Local Government to consider an

amendment to the Local Government Act 1993 to disqualify land speculators, developers, real estate agents or lobbyists from the development industry from standing for local government election.

4. THAT Council asks the Minister for Local Government to consider an

amendment to the Local Government Act 1993 to place a cap on the campaign contributions of candidates running for Local Government Elections.

PASSED



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9. PUBLIC FORUM There was no Public Forum at this Meeting.



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COMMITTEE OF THE WHOLE

107/10

MN 46/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr J R Clark THAT in accordance with Section 373 of the Local Government Act, 1993, Council moves into Committee of the Whole to consider various matters detailed in the Agenda with Clr T D Gair to take the Chair. PASSED



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10. VISITOR MATTERS

OPERATIONS

There were no Visitor Matters – Operations – at this Meeting.



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CORPORATE & STRATEGY

There were no Visitor Matters – Corporate & Strategy – at this Meeting.



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11. EN BLOC MOTION There was no En Bloc Motion at this Meeting.



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12. OPERATIONS FINANCE & RISK

12.1 Investment Report as at 31 January 2016

Reference: 2104 Report Author: Accounting Officer - Banking and Investments Authoriser: Chief Financial Officer Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE In accordance with Part 9, Division 5, Section 212 of the Local Government (General) Regulations 2005, this report provides details of Council's Investments as at 31 January 2016.

MN 47/16

MOTION moved by Clr G McLaughlin and seconded by Deputy Mayor I M Scandrett THAT the information on Council’s Investments as at 31 January 2016 be received and noted. PASSED



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12.2 Acquisition of Land for Road Widening, Being Part Lot 1 DP 183599 Ringwood Lane Exeter

Reference: PN1787430 Report Author: Senior Property Officer Authoriser: Manager Business Services Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The objective of this report is to gain Council approval to acquire land for road widening being part of Lot 1 Deposited Plan 183599 Ringwood Lane Exeter.



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MN 48/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Mayor L A C Whipper 1. THAT the General Manager be delegated authority to negotiate with the owner of

Lot 1 Deposited Plan 183599 for the acquisition of part of the Land known as Lot 1 Deposited Plan 183599 Ringwood Lane Exeter (‘Land’) for the purpose of road.

2. THAT if the acquisition referred to in Resolution 1 cannot be negotiated by

agreement, Council resolves to:

(a) acquire the Land by compulsory acquisition under Sections 186 and 187 of the Local Government Act 1993 (NSW) and in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991;

(b) approve the making of an application to the Minister of Local Government

for the issue of a proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1993 (NSW) with respect to the Land AND THAT Council request the Minister for Local Government to approve a reduction in the notification period from ninety (90) days to sixty (60) days;

(c) approve the making of an application to the Governor for the publication of

an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1993 (NSW) with respect to the Land;

(d) affix the Common Seal of Council to any documents required to be sealed

as part of the compulsory acquisition process for the Land in question and delegate authority to the Mayor and General Manager to execute those documents;

(e) delegate authority to the General Manager to execute on behalf of Council

any documents associated with the compulsory acquisition process that does not require the Common Seal of Council.

PASSED



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12.3 Licence Agreement to Rural Fire Service, Part Lot 71 DP869189 Drapers Road, Colo Vale



PURPOSE The objective of this report is to have Council approve a Licence Agreement for the use of part of the property at Lot 71 DP869189 Drapers Road Colo Vale by the Wingecarribee Rural Fire Service.

MN 49/16

MOTION moved by Clr G McLaughlin and seconded by Deputy Mayor I M Scandrett THAT the report in relation to approval of a Licence Agreement for the use of part of the property at Lot 71 DP 869189 Drapers Road, Colo Vale by the Wingecarribee Rural Fire Service be deferred pending further investigation in relation to some operational issues. PASSED



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12.4 Proposed Acquisition of Land, Part 610 Moss Vale Road, Burradoo



PURPOSE The objective of this report is to have Council determine whether it will negotiate to acquire part of the property known as 610 Moss Vale Road Burradoo. If Council resolves to acquire the land, it is intended that the land is incorporated into the reserve known as Bong Bong Common.

MN 50/16

MOTION moved by Clr G McLaughlin and seconded by Clr H R Campbell 1. THAT the General Manager be delegated authority to negotiate with the owner of

the subject property for the acquisition of part 610 Moss Vale Road Burradoo within 10% range of the valuation obtained by Council dated 1 December 2015 AND THAT the General Manager and Mayor be delegated authority to execute the agreement and any associated documents under the Common Seal of the Council.

2. THAT the acquisition of land referred to in resolution 1 above be funded from

the Property Development Reserve. 3. THAT the General Manager provide consent to the development application for

subdivision of the property known as 610 Moss Vale Road Burradoo to enable subdivision pursuant to Clause 2.75 SEPP 2008 AND THAT as the acquisition is for the creation of public space, it is noted that the minimum 4 hectare size requirement will not apply to the residue portion of the subject property

PASSED



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12.5 Request for Dedication to Wingecarribee Shire Council of Crown Land known as Corbett Gardens Bowral.

Reference: 6527/6 Report Author: Recreation Planner Authoriser: Manager Assets Link to Corporate Plan: Encourage creativity in utilisation of our community assets

PURPOSE The purpose of this report is to request Council support for an application to NSW Trade and Investment – Crown lands for the dedication of land known as Corbett Gardens, Bowral to Wingecarribee Shire Council.

MN 51/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Mayor L A C Whipper THAT Council apply for care, control and management of Crown land known as Corbett Gardens, Bowral (Lot 8 DP 1133515 & Lots 9-10 DP 111234). PASSED



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12.6 Lease of 71 Station Street, Bowral

Reference: PN1700778 Report Author: Administration Officer Authoriser: Senior Property Officer Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to have Council consider a new lease of Council property to the existing lessee.

MN 52/16

MOTION moved by Clr J R Clark and seconded by Clr G McLaughlin 1. THAT a new lease be offered to D & M Auto Electrics Pty Ltd for the premises

known as 71 Station Street Bowral, being the whole of the land comprised in Lot B Deposited Plan 381616, for a term of three (3) years commencing 1 June 2016 and expiring 31 May 2019.

2. THAT it be noted that Council will have the right to give six (6) months notice of

termination of the lease of 71 Station Street Bowral if the property referred to in resolution 1 above is required for road purposes.

3. THAT the costs of and incidental to the preparation and registration of the new

lease of 71 Station Street, Bowral be paid by D & M Auto Electrics Pty Ltd together with stamp duty (if any), registration and other out of pocket expenses.

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

lease of 71 Station Street Bowral under the Common Seal of Council. PASSED



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12.7 Acquisition of Easement, 18 Southwood Place, Mittagong



PURPOSE The objective of this report is to have Council consider the compensation which has been further assessed jointly by registered valuers on behalf of both Council and the owners of the subject property. Compensation is to be paid to the owners for the grant of an easement over the subject property. The General Manager read the recommendations from the Closed Council report.



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MN 53/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr J R Clark THAT in relation to the Acquisition of Easement, 18 Southwood Place Mittagong, Council adopts the recommendation contained within the Closed Council report – Item 22.6, as follows:

1. THAT Council increase the compensation payable to the owners of 18 Southwood Place Mittagong to a maximum of the value set out in the supplementary valuation report (annexed to the report as a confidential attachment – Attachment 1).

2. THAT if the agreement referred to in resolution 1 above has not been

executed within 28 days of the date of this resolution:

a. That Council resolve to acquire by compulsory acquisition under Section 186 and 187 of the Local Government Act 1993 (NSW) an easement to drain water 4 metres wide over 18 Southwood Place Mittagong.

b. That Council approve the making of an application to the Minister for Local Government for the issue of a Proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW).

c. That Council approve the making of an application to the Governor for the publication of an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) with respect to the Land.

d. That the General Manager and Mayor be delegated authority to affix the Common Seal of Council to any documents required to be sealed as part of the compulsory acquisition process for the Land in question.

e. That the General Manager and/or Mayor be delegated authority to execute on behalf of Council any document associated with the acquisition process that does not require the Common Seal of Council.

PASSED



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12.8 Replacement of Kirkland Road Bridge, East Kangaloon

Reference: 6330/15.18 Report Author: Project Manager Authoriser: Manager Design and Construction Link to Corporate Plan: Provide safe and efficient road, cycle and where

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

PURPOSE The purpose of this report is to facilitate the evaluation of the Request for Tender for the replacement of the bridge at Kirkland Road, East Kangaloon. The General Manager read the recommendations from the Closed Council report.

MN 54/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr J R Clark THAT in relation to the Kirkland Road Bridge Tender, Council adopt the recommendations contained within the Closed Council report – Item 22.1, as follows:

THAT Council accept Option 1 of the tender from Kenpass Pty Ltd at a Lump Sum of $395,650 to undertake the reconstruction of the Kirkland Road bridge at East Kangaloon.

PASSED



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12.9 Bong Bong Road Rehabilitation, Mittagong

Reference: 6330/15.20 Report Author: Project Engineer Authoriser: Group Manager Infrastructure Services Link to Corporate Plan: Provide safe and efficient road, cycle and where


PURPOSE The purpose of this report is to facilitate the evaluation of the Request for Tender for the rehabilitation of Bong Bong Road between Mary and Belmore Streets at Mittagong. The General Manager read the recommendations from the Closed Council report.

MN 55/16

MOTION moved by Clr G McLaughlin and seconded by Deputy Mayor I M Scandrett THAT in relation to the Bong Bong Road Rehabilitation Tender, Council adopt the recommendations contained within the Closed Council report – Item 22.2, as follows:

THAT Council accept the tender from Cadifern Civil Pty Ltd at a Lump Sum of $917,431.60 ex GST to undertake the rehabilitation of Bong Bong Road between Mary and Belmore Streets at Mittagong.

PASSED



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12.10 Railway Terrace Bridge Approaches, Willow Vale



PURPOSE The purpose of this report is to present the evaluation of the Request for Tender for the Railway Terrace Bridge approaches at Balaclava. The General Manager read the recommendations from the Closed Council report.

MN 56/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Mayor L A C Whipper THAT in relation to the Railway Terrace Bridge Approaches, Willow Vale Tender, Council adopt the recommendations contained within the Closed Council report – 22.3, as follows:

1. THAT Council decline to accept any tenders under 178(1)(b) of the Local

Government (General) Regulation 2005. 2. THAT Council invite fresh tenders, in accordance with clause 178(3)(b) of

the Local Government (General) Regulation 2005.

PASSED



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12.11 Ellsmore Road Rehabilitation, Bundanoon and Exeter



PURPOSE The purpose of this report is to present the evaluation of the Request for Tender for the Ellsmore Road Improvements Project.

MN 57/16

MOTION moved by Clr G McLaughlin and seconded by Clr H R Campbell THAT the report concerning the Ellsmore Road Improvements Tender be considered in Closed Council – Item 22.4. PASSED

Note: In accordance with Council’s Code of Meeting Practice, immediately after a motion to close part of a meeting to the public has been moved and seconded, debate on the motion should be suspended to allow the public to make representations to Council as to why the item should not be considered in Closed Council.

No representations or objections from the public were received.



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12.12 Tender for Management & Operation Mittagong Caravan Park, 1 Old Hume Highway Mittagong

Reference: PN676300; 6330/15.23 Report Author: Senior Property Officer Authoriser: Manager Business Services Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Reporting on the evaluation of the tender for the Management & Operation Mittagong Caravan Park.

MN 58/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Mayor L A C Whipper THAT the report in relation to the Tender for Management & Operation Mittagong Caravan Park be deferred to a future Ordinary Meeting of Council, pending further information being provided to Councillors. PASSED



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13. CORPORATE STRATEGY & DEVELOPMENT SERVICES

13.1 Draft Customer Service Strategy 2016-2021

Reference: 5100/6 Report Author: Group Manager Corporate & Community Authoriser: Deputy General Manager Corporate, Strategy &

Development Services Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE The purpose of this report is to seek Council’s approval of the Draft Customer Service Strategy 2016-2021.

MN 59/16

MOTION moved by Clr G McLaughlin and seconded by Clr J R Clark 1. THAT the Draft Customer Service Strategy 2016-2021 (the Strategy) included as

Attachment 1 to the report be placed on public exhibition for a period of twenty eight (28) days.

2. THAT a final draft of the Strategy incorporating the outcome of community

consultation be reported back to Council. 3. THAT Council staff be acknowledged for the work undertaken in the preparation

of the draft Strategy. PASSED



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13.2 Bi-Annual Delivery Program Progress Report, July - December 2015

Reference: 501/2013 Report Author: Integrated Planning and Reporting Policy Officer Authoriser: Integrated Planning & Reporting Coordinator Link to Corporate Plan: Ensure important decision are made on the basis of how

they meet our goals

PURPOSE This report presents the Bi-Annual Delivery Program Progress Report for the period 1 July 2015 to 31 December 2015, which records Council’s progress towards achieving the objectives of the Delivery Program 2013-17.

MN 60/16

MOTION moved by Mayor L A C Whipper and seconded by Clr G M Turland 1. THAT Council receive and endorse the Bi-Annual Delivery Program Progress

Report for the period 1 July 2015 to 31 December 2015. 2. THAT Council staff be acknowledged for the work undertaken in the preparation

of the Delivery Program Progress Report. PASSED



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13.3 Douglas Road Planning Agreements - Outstanding Matters

Reference: 5701/27 Report Author: Strategic Planner Authoriser: Acting Strategic Planning Team Leader/Coordinator Link to Corporate Plan: Change our paradigm from self-interest to mutual benefit

PURPOSE The purpose of this report is to provide Council with an update on the finalisation of construction issues in regard to the provision of electrical conduits and power pole relocations, as required to be constructed by Council, in the Douglas Road, Moss Vale Planning Agreements. It is recommended that this report be considered in Closed Council under clause 10A(2)(c) of the Local Government Act, 1993, as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. The General Manager read the recommendations from the Closed Council report.



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MN 61/16

MOTION moved by Clr J R Clark and seconded by Clr G McLaughlin THAT in relation to Douglas Road Planning Agreements – Outstanding Matters, Council adopt the recommendations contained within the Closed Council report – Item 22.7, as follows:

1. THAT the General Manager be delegated authority to negotiate with the owners of Lot 21 DP812725 and Lot 24 DP817194 for the acquisition of part of the Land known as Lot 21 DP812725 and Lot 24 DP817194 (‘Land’) for the purpose of expanding the road reserve for electricity allocation.

2. THAT if the acquisition referred to in Resolution 1 cannot be negotiated by

agreement, Council resolves to:

(a) Acquire the Land by compulsory acquisition under Sections 186 and 187 of the Local Government Act 1993 (NSW) and in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

(b) Approve the making of an application to the Minister of Local

Government for the issue of a proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1993 (NSW) with respect to the Land AND THAT Council request the Minister for Local Government approve a reduction in the notification period from ninety (90) days to sixty (60) days.

(c) Approve the making of an application to the Governor for the

publication of an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1993 (NSW) with respect to the Land.

(d) Affix the Common Seal of Council to any documents required to be

sealed as part of the compulsory acquisition process for the Land in question and delegate authority to the Mayor and General Manager to execute those documents.

(e) Delegate authority to the General Manager to execute on behalf of

Council any documents associated with the compulsory acquisition process that does not require the Common Seal of Council.

3. THAT the General Manager be delegated authority to complete all

outstanding matters with regard to the Douglas Road Moss Vale Voluntary Planning Agreements as outlined in Solution 1 in this report.

4. THAT the acquisitions be funded from the Land Rental Reserve.

PASSED



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14. GENERAL MANAGER

14.1 Triple Zero (000) Cricket Challenge 2016 Request for Sponsorship

Reference: 1850/24 Responsible Officer: General Manager Link to Corporate Plan: Maintain strong public institutions and facilities in the

district to match the evolving needs of the community

PURPOSE

The purpose of this report is to seek Council’s sponsorship of Traffic Management Services for the Triple Zero (000) Challenge to be held at the Bradman Oval on 13 April 2016 in support of the Southern Highlands Suicide Prevention Program.

MN 62/16

MOTION moved by Clr G McLaughlin and seconded by Clr H R Campbell THAT Council supports the 2016 Triple Zero Challenge at the Bradman Oval to the value of $3,500.00 by providing: (a) Traffic and Vehicle Management Plans (b) Traffic management on 13 April 2016 from 09.00am until 5.00pm (c) Parking Management on 13 April 2016 (Parking Marshall) (d) Letter box drop to residents (e) Advertisement in local newspaper PASSED



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14.2 Legal Affairs

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


PURPOSE Updating the report on the status of legal proceedings reported to Council at the meeting on 9 December 2015.

MN 63/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Mayor L A C Whipper 1. THAT the status of the legal proceedings involving Council be considered in

Closed Council – Item 22.8. 2. THAT the information relating to ongoing legal costs in Attachment 1 be noted. PASSED

Note: In accordance with Council’s Code of Meeting Practice, immediately after a motion to close part of a meeting to the public has been moved and seconded, debate on the motion should be suspended to allow the public to make representations to Council as to why the item should not be considered in Closed Council.

No representations or objections from the public were received.



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14.3 Request for Leave of Absence - Clr John Uliana

Reference: 101/1, Pers Report Author: Administration Officer Authoriser: General Manager Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Reporting on a request from the Councillor John Uliana for leave of absence.

MN 64/16

MOTION moved by Mayor L A C Whipper and seconded by Clr J R Clark THAT Councillor John Uliana be granted leave of absence from all Council commitments on Wednesday, 24 February 2016, including the Ordinary Meeting and/or any Committee Meetings of Council and Briefing Sessions to be held that day. PASSED



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15. DELEGATE REPORTS There were no Delegate Reports at this Meeting.



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16. PETITIONS

16.1 Petition 02/2016 - Petition for Replacement of Aitken Road Street Trees

Reference: 7813, RD1501, 100/8 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Reporting on receipt of a petition from residents regarding replacement of Aitken Road Street Trees. A copy of the Petition has been placed in the Councillors’ room and will be tabled at the Ordinary Meeting of Council. The Petition has been forwarded to the appropriate branch for consideration by the reporting officer.

MN 65/16

MOTION moved by Clr J R Clark and seconded by Deputy Mayor I M Scandrett THAT Petition 02/2016 – Petition for Replacement of Aitken Road Street Trees – be received and noted. PASSED



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16.2 Petition 03/2016 - Closure of Ellsmore Road between Middle Road and Exeter Road, Exeter

Reference: 100/8, 2304 0010 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Reporting on receipt of a petition from residents regarding the closure of Ellsmore Road to through traffic between Middle Road and Exeter Road, Exeter. A copy of the Petition has been placed in the Councillors’ Room and will be tabled at the Ordinary Meeting of Council. The Petition has been forwarded to the appropriate branch for consideration by the reporting officer.

MN 66/16

MOTION moved by Clr G McLaughlin and seconded by Clr J R Clark THAT Petition 03/2016 – Closure of Ellsmore Road between Middle Road and Exeter Road, Exeter – be received and noted. PASSED



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17. CORRESPONDENCE FOR ATTENTION

There was no Correspondence for Attention at this Meeting.



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18. COMMITTEE REPORTS

18.1 Minutes of the Finance Committee Meeting held on Wednesday, 17 February 2016

Reference: 107/21 Report Author: Administration Officer Authoriser: Chief Financial Officer Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE This report provides the Minutes of the Finance Committee Meeting held on Wednesday, 17 February 2016.

SUMMARY OF RECOMMENDATIONS AND ACTIONS FOR COUNCILLORS’ ATTENTION AND ADOPTION FC 3/16 THAT the Budget Adjustments for the December Quarterly Review as listed on Attachments 1, 4, and 7 to the report be adopted, noting the following adjustments that have affected the budget position:

Income Increase in Section 603 Certificate income $25,000 Increase in Library Grant Income $2,977 Total Budget Variations – Income $27,977

Expenditure 2015/16 Workers Compensation Premium Reduction ($400,000) Defined Benefits Scheme – Additional Contribution $298,566 Rural Fire Services Statutory Contribution $106,285 Project Management Services – Prince Implementation $20,000 Valuation Fees Reduction ($13,312) SES Statutory Contribution $12,174 Fire & Rescue NSW Statutory Contribution $3,234 Miscellaneous Expenditure Adjustments $1,030 Total Budget Variations - Expenditure $27,977

Total Result as at Q2 $0



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MN 67/16

MOTION moved by Mayor L A C Whipper and seconded by Clr J R Clark THAT recommendations Nos FC 1/16 to FC 3/16 – as detailed in the Minutes of the Finance Committee Meeting held on Wednesday, 17 February 2016 be adopted. PASSED



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18.2 Minutes of the Business Units Committee SRLX Meeting held on Friday, 5 February 2016

Reference: 107/40 Report Author: Organisational Support Officer Authoriser: Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Optimise our current agribusiness economy by developing

closer and mutually beneficial relationships between producers and consumers in the Southern Highlands

PURPOSE This report provides the Minutes of the Business Units Committee SRLX Meeting held on Friday, 5 February 2016.

SUMMARY OF RECOMMENDATIONS AND ACTIONS FOR COUNCILLORS’ ATTENTION AND ADOPTION Item 3 Business Arising from Previous Minutes SRLX 3/16 – THAT a meeting be convened between staff (having consulted with all stakeholders), members of the committee and agents and other qualified people for marketing and attracting business to the SRLX AND THAT a report be brought forward to the next meeting outlining a marketing plan for the SRLX. Item 5.3 Donation of Silage SRLX 6/16 - THAT the Committee endorses the donation of a minimum of 50 bales of silage plus an amount to complete a truck load if required noting that per bale is approximately $40 and it is recommended that the donation to the value of $2000 be funded by the Contingency Fund. Item 5.4 SRLX Capital Works and Maintenance Priorities SRLX 7/16 1. THAT the new drafting yards and receiving yards as identified, be given priority under

the Capital Improvement Plan for the SRLX. 2. THAT a Capital Improvement Levy of $3 per head be introduced and included for the

2016/17 Fees and Charges to carry out the initial works as identified. 3. THAT in conjunction with above, the Strategic Plan be reviewed in consultation with all

stakeholders with the view to continue the Capital Improvement Levy for a period up to 5 years.

SRLX 8/16 THAT the fees for cattle in transit and the payment of those fees be adhered to in accordance with Council’s adopted fees and charges.



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Item 5.5 Consideration of Fees & Charges 2016/17 SRLX 8/16 1. THAT as per discussions with the committee, the recommended increase in Fees and

Charges for 2016/17 be endorsed. 2. THAT subject to Throughput that the maintenance budget be reviewed at the March

quarterly budget review. Clr T D Gair provided a verbal update on Items 5.3 Donation of Silage and 5.4 SRLX Capital Works and Maintenance Priorities.

MN 68/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr T D Gair 1. THAT recommendations Nos 1/16 to 8/16 – as detailed in the Minutes of the

Business Units Committee SRLX Meeting held on Friday, 5 February 2016 be adopted, save for any items which have budgetary implications AND THAT any item with budgetary implications and which is unfunded, be referred to the Finance Committee for consideration.

2. THAT Council seek funding support from the Local Federal Member of

Parliament, Mr Stephen Jones, for Item 5.3 – Donation of Silage. PASSED



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18.3 Notes of the Business Units Committee RRC Meeting of Friday, 5 February 2016

Reference: 107/40 Report Author: Organisational Support Officer Authoriser: Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Establish the Southern Highlands as a leading centre of

industry, innovation and expertise, which provides tried and tested, cost effective solutions for the sustainable management and use of scarce water resources

PURPOSE This report provides the Notes of the Business Units Committee RRC Meeting held on Friday, 5 February 2016. Clr G M Turland advised that he was an apology for both of the Business Units Committee Meetings held on Friday, 5 February 2016 but this is not reflected in the Minutes and Notes of the Meetings.

SUMMARY OF RECOMMENDATIONS AND ACTIONS FOR COUNCILLORS’ ATTENTION AND ADOPTION Not applicable

MN 69/16

MOTION moved by Clr G McLaughlin and seconded by Clr H R Campbell 1. THAT the Notes of the Business Units Committee RRC Meeting held on Friday,

5 February 2016 be noted. 2. THAT Clr Turland’s apology be noted for the Business Units Committee SRLX

and Business Units Committee RRC Meetings held on Friday, 5 February 2016. PASSED



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19. QUESTIONS WITH NOTICE

19.1 Question with Notice 02/2016 - Bowral Country Golf Course

Reference: 101/2, LSE15/022, LSE90, 6612/1.1, PN215900 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


To: General Manager

From: Clr Holly Campbell

Received: 17 February 2016

Subject: BOWRAL COUNTRY GOLF COURSE

Question:

1. Subsequent to an ‘information session’ of 8th Oct 2015 (attended by some councillors,

not all) it was understood by staff present including the DGM that proposed changes to council’s public golf course presented on behalf of Bowral Country Living (owned by Clr John Uliana) by Mr Ken Street and Mrs Liz Uliana from an 18 hole course to a 12 hole course were being proposed by the lessees, the Uliana’s and, that as at the time of the meeting the lessee (Bowral Country Living owned by Clr John Uliana) had not finalised their proposal and that prior to any works or changes occurring on council property, a final documented proposal was to come back to council for consideration and that the final proposal to the changes including a reduction from 18 holes to 12 and other concepts was to be put by the Uliana’s to the golf club members for consultation therefore, would the GM please provide the dates on which council subsequently received the full proposal and it was formally brought to council and the dates the proposed changes to the public’s golf course go on public notice for 28 days for community feedback and on what date was the golf club membership’s consultation meeting held?

2. In relation to the aforementioned background pertaining to proposed changes the Bowral’s public golf course leased by WSC to Clr John Uliana could you please ascertain and advise the date of the Lessee's (Clr John Uliana or his delegate) meeting with the golf club membership pertaining to proposed changes to their course - as was understood by staff to be part of the preliminary steps prior to approving any changes to the public golf course - and what was the membership’s response including whether any of the club memberships requested proportional refund of membership fees and whether those refunds occurred?

3. It has been said in words to the effect on radio by Clr Uliana (Lessee of WSC's golf course) that his implemented changes to the golf course reflect his view that people don't have time today to play 18 holes and his changes are all about 'family'. Given the Plan of Management clearly states the golf course is an 18 hole course and must be so maintained, not a 12 or 9 hole course and that ‘real’ golfers do not like to play



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‘repeat holes‘ and that 'families' generally do not accompany their golfer-family-member around the course and that about 50 to 60 members always turn up to Medal Day comps and yet only 15 turned up to the most recent event, would the GM concede regrettably, that the membership has demonstrated disenfranchisement and when is the GM and the managing agent going to inspect council's property and report back to council on the apparent breaches of the lease by the Lessee?

Response:

With regard to the three questions, an update is included in the Legal Affairs report as it contains advice that is subject to legal professional privilege and, accordingly, must be considered in Closed Council.

MN 70/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr J G Arkwright THAT the information in relation to Question with Notice 02/2016 – Bowral Country Golf Course be noted.

AMENDMENT moved by Clr H R Campbell and seconded by Clr G McLaughlin THAT the Question with Notice 02/2016 – Bowral Country Golf Course be considered in Closed Council.

THE AMENDMENT WAS PUT TO THE VOTE AND PASSED

THE AMENDMENT BECAME THE MOTION

THE MOTION WAS PUT TO THE VOTE AND PASSED



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20. NOTICES OF MOTION

There were no notices of motion at this meeting.



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SUSPENSION OF STANDING ORDERS

MN 71/16 MOTION moved by Clr G McLaughlin and seconded by Clr H R Campbell THAT Standing Orders be suspended in order for the Questions from the Public to be heard at this juncture of the Meeting, the time being 5.00 pm. PASSED



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QUESTIONS FROM THE PUBLIC

Deputy Mayor I M Scandrett left the Chambers, the time being 5.01 pm and returned to the meeting at 5.03 pm. Clr Campbell left the Chambers, the time being 5.01pm and returned at 5.03 pm. The General Manager left the Chambers at 5.02 pm.

1. COAL FREE DECLARATION BERRIMA AND MEDWAY 100/10, 5305/5 5305/11

Paul and Peggy Wilson asked: (i) Clr Gair – Have you considered the social impact of a coal mine on the existing

community and the nature of the village of Berrima? REPLY FROM CLR T D GAIR I refer to the comment I made on 9 September 2015 that I will wait for the EIS report to be forwarded to Council for us to make a qualified comment on the impact of the proposed coal mine. (ii) Clr McLaughlin – Why would you want to damage the unique and historic fabric of the

village of Berrima and further compromise the economic benefits of the village as a tourist destination?

REPLY FROM CLR G MCLAUGHLIN I’ve had time to have a bit of a think about this and I’d like to say that I thank the community for that question and I will make the statement now that I will stand with the people of Berrima to oppose any adverse environmental impacts upon the community from Hume Coal.

2. COAL FREE DECLARATIONS BERRIMA AND MEDWAY 100/10, 5305/5 5305/11 Louise Bruce asked: My question is to Councillors Graham McLaughlin, Garry Turland and Duncan Gair. Are you prepared to stand with the community against Hume Coal? REPLY FROM CLR T D GAIR I’m prepared to stand with the community if the Environmental Impact Statement comes back as a – what would you call it - affecting the environment – I have no problem with that but I will have to wait to see what that impact statement is. I will refer to my previous – I’m not supporting Hume Coal and I’m not supporting a protest group. Its – to me to do that is an apprehended bias position and I’m here I believe to represent the community fairly and



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honestly which I have done over the last 20 years and I will continue do so – and if that means supporting the people of Berrima in relation to environmental damage that could be done by Hume Coal, then I will do so. REPLY FROM CLR G MCLAUGHLIN Just following on from what I said there. This has always been my position and I am waiting to see what Hume actually proposes and the outcome of the environmental assessment. I’ll just take the opportunity to thank the members again from the community and you have every right to be concerned – we’re all concerned but I think good governance in any level of government is that you basically have to listen to the people and as the Mayor [sic] has said we can’t give away our position even though we might have a certain position on it until we have all the facts and I think that’s what the community would expect. May I say that these questions have been put to us because - look – the Mayor has apologised – he falsely described our position on the proposed mine and is attempting to profit from that from this divisiveness so that’s the sad part about this. POINT OF ORDER CALLED BY MAYOR L A C WHIPPER Mr Chair, can I ask a question and I probably would say it would fit into the definition of a point of order. Under the Code of Meeting Practice I think there is a clause in there that states that Councillors can’t read written statements. The second part of the question is could we know from Clr McLaughlin who prepared that written statement. REPLY FROM CLR T D GAIR Clr McLaughlin doesn’t have to answer that. MAYOR L A C WHIPPER I think he does. REPLY FROM CLR T D GAIR No Clr McLaughlin has given an answer and I have known over the years that Councillors – certain Councillors have also given and said – and I know you’re right – there still continues to be certain times Councillors read a response and if it’s a response that’s fair enough and I will not debate that point because people have the right. MAYOR L A C WHIPPER The more crucial point Mr Chair is – and I ask Clr McLaughlin directly through you – did he prepare that statement that he’s reading. REPLY FROM CLR T D GAIR You can ask. It’s up to Clr McLaughlin to answer or not. REPLY FROM CLR G MCLAUGHLIN I was asked Mr Mayor [sic] to respond to this as an email – to write this out, to send it and it would be read out. So I’ve written out what I want to say and I’m just – but I don’t have to



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read it, it’s just notes I’ll refresh myself with. But – there’s more questions coming. I may decide to answer them. MAYOR L A C WHIPPER The question was Mr Chair very specific, did Clr McLaughlin write those questions and if he did can I have a look at that reply. REPLY FROM CLR T D GAIR That is totally up to Clr McLaughlin to answer the question. He’s not making any comment. REPLY FROM CLR G MCLAUGHLIN I’m not making any comment. MAYOR L A C WHIPPER Then I’ll leave the gallery to make up their own minds. REPLY FROM CLR G M TURLAND I’ll just make a quick statement. On February 3rd I was invited to that meeting, and I wrote back and said thanks for the invitation but I will not be attending and I say “you’re a very strong group” – and that was my statement back to the invitation to go there. In relation to the question that was being asked of me. Yes I’m prepared to stand behind 33,000 voters in the Shire and at the moment 33,000 voters haven’t had a chance to vote. What I propose, and I have proposed this a few times – and it’s been knocked back by the Councillors around the table – is that we take it to a community poll at the next Council election and therefore we will find out what 33,000 people – and I think you’ll probably get the nod that the community doesn’t want it and I think that’s the way that we need to – but I would suggest – and I’ll bring this motion back at a later date – that we take it to the next Council election, we make it a community poll at which we can ask lots of questions to the community. The issue is I would love to hear what the other 33,000 people – because you’ve got to remember the people around this table have been voted in by the full shire – not just by a group in Berrima, Hill Top, Robertson, Bowral. So we really need to put this question to the full shire and not people outside the shire, it should be people within this shire. And you’ve got to also remember that there has been no DA lodged yet, even though Council is going to be making a recommendation and passing it on to the Government to make their decision, so we don’t have DA yet. If we make a submission it would be fantastic to have the weight behind us of 33,000 people making a statement in one way or the other. That is what I am saying – I support 33,000 people.

3. DECLARATION PRESENTION – BERRIMA AND MEDWAY 100/10, 5305/5 5305/11 Paul Bruce asked: My question is to Garry Turland, Duncan Gair and Graham McLaughlin. If you felt insulted by being named at the Declaration Presentation in Berrima, in the Mayor’s speech, can you please put on public record whether you support or oppose the Hume Coal proposal?



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REPLY FROM CLR T D GAIR I refer back to my previous answers. REPLY FROM CLR G MCLAUGHLIN I thank the community for their questions with regard to this but I think you’re asking the questions of the wrong people. We’re not the consent authority. And what I ask was where was our local member Pru Goward. It’s the Liberal Party – the State Liberal Party that’s going to give you this coal mine – not this Council – I’m sorry that’s the truth of it. REPLY FROM CLR G M TURLAND Same.

4. DECLARATION PRESENTATION – BERRIMA AND MEDWAY 100/10, 5305/5 5305/11 Catherine Matthews asked: To Clr Turland – Why have you not publicly opposed Hume Coal’s evident conflict of interest from making community donations prior to any approval to establish the proposed coal mine? REPLY FROM CLR G M TURLAND I’m not sure – if I made community donations or is it community donations from Hume Coal. One would think that what they are trying to get at is that Hume Coal had funded the Illawarra Academy of Sport – that’s our kids locally in the Shire – and that’s one thing that they’ve done. They’re also supporters of the Rugby Club I understand and they’re also supporters of the 4’Ks of which I am a Committee member of – but we make no money out of it – we help sick disadvantaged kids in the area, so if anybody thinks I’ve got a pecuniary interest because I support the 4’Ks and on the Committee – well that’s a pretty low level person that would think that.

5. DECLARATION PRESENTATION – BERRIMA AND MEDWAY 100/10, 5305/5 5305/11 Catherine Matthews asked: To Clr McLaughlin – Given that your former position with Boral should have given you substantial insights into the environmental degradation caused by a coal mine, particularly one that will cause a severe drop in groundwater levels, why do you not seem to be concerned about the undoubted negative groundwater impacts of the mine proposed by Hume Coal near Berrima? REPLY FROM CLR G MCLAUGHLIN Thank you Ms Matthews for your question. Yes I did work at Boral for 35 years. I had the opportunity to go down Medway Mine. That mine operated for 100 years by the way and it was always my thought that the Cement Works really now and then survived on having its



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own coal mine. It supported families in this community – it had something like 37 people that worked there. There was - the community of Medway was actually made up of miners. The company made some mistakes along the way I agree. They sold off very cheap land to people that – what would you say – beautified the place, built bid ponderosas, put in horse studs and of course they were not associated with the mine – they didn’t work at the mine. It was the pit – it was where people lived because that is where they worked and it was the same at New Berrima when the whole community lived at New Berrima worked at the Cement Works. Now if we’re going to look at communities and we’re going to look at economic development, there’s something like $80 million that’s pumped into this community from having industry. So we might all like to think that tourism is fantastic and we love the green space and I’m all for that – I’m all for the environment – but we need hard jobs on the ground. So it’s OK to have a pottery yard and sell some pots and do all that and have visitors from Sydney – I am on the Heritage Committee and Berrima is a unique village that needs to be heritage listed. But on the question of degradation after working at the Cement Works – now I remember going there 35 years ago when the area around there was grey for miles around and you had to know when to hang your washing out. Now over the years through this State Government and environmental legislation that has all changed. I have Councillors here who still call it the blot on the landscape. They’d like to see it gone. Well I’m sorry but it’s a reality that that is jobs for our community and I’m sure now that if there was a cement works going up just 4 kms down the road from where you are you’d be all in here saying “we don’t want a cement works”. Well guess what. It was there 80 odd years ago, the mine was there 100 years ago - what I’m saying here - my experience in industry – do I know about the degradation that the coal mine has caused. Well I have been down the mine. It was a wet mine – it did have some problems. Boral has decided to close that mine – it’s costing them a lot of money and the people of Medway don’t have trucks rolling through and that’s a good thing for them. As far as the 39 people that lost their jobs, it’s not so good for them, but if we were to lose the Cement Works at $80 million into this Shire – it is alright for those people that come here superannuated that can retire, but for young people who want families or who want to stay in this community – I’m here for everybody Mr Mayor, I’m not here – the industry has to be looked at across the board, it’s just not that look at this without looking at that.

The General Manager returned to the Meeting at 5.18 pm. 6. DECLARATION PRESENTATION – BERRIMA AND MEDWAY 100/10, 5305/5 5305/11

Catherine Matthews asked: To Clr Gair: Why do you not seem to be concerned at the lack of comprehensive community consultation by Hume Coal regarding the company’s proposed coal mine near Berrima and would you support an open Council briefing with Hume Coal that residents of the Shire can attend? REPLY FROM CLR T D GAIR Yes, I think that’s subjective. I don’t know what Hume Coal have done to the community as such in that area, so I really can’t comment. I mean the other thing that I’d just like to say in relation to – everybody has the right – a democratic right to oppose or support and because somebody supports something it doesn’t mean that they should be thought anything less of and nor do I think anything less of people who oppose my point of view. It’s my democratic right and it is your democratic right but because I have taken a position of being totally



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neutral – I don’t think I should be criticised or denigrated that because I am waiting – because the same thing would happen with the Minister. Why don’t you write to the Minister and say “throw it out” and he will come back and say “I haven’t seen the reason why yet”.

7. NO TOPIC GIVEN 100/10, 5305/5 5305/11 Elizabeth Murray asked: Dear Clr McLaughlin: I am a resident of Berrima. I along with many of the community am deeply concerned by the prospect of a substantial coal mine on our doorstep with many uncertain and profoundly dangerous impacts on our water, air quality and environment. I am alarmed by the lack of community consultation by Hume Coal. The residents need the council to adopt a proactive and transparent role in the process. Our community is almost universally opposed to the mine and have voted to make Berrima and Medway “Coal Free Communities”. This leaves Councillors in no doubt that its residents reject coal mining. I believe it’s appropriate that Councillors openly declare whether they support or oppose the Hume Coal proposal. What are you doing to represent the concerns of residents? Will you stand with the community against Hume Coal’s proposal in Berrima? REPLY FROM CLR G MCLAUGHLIN Thank you Elizabeth Murray again for your question. It might come as a bit of a surprise but I’d really like to see Australia as a whole get rid of thermal coal. That’s my stand. I think you know we really have to think about our kids and our future. Basically people have tarred me with a brush and said he’s all for coal – I’m not – I’ve got a different agenda. I think – people say we can do it all with solar cells and windmills. With regard to coal I’m an advocate that we need a base load power. We’re not going to do it all with solar cells, we’re not going to windmills and if we want to get away from coal mines – what happened. We had a Labour Government that put a tax – and what is the best way to get people to change their ways. Petrol price goes through the roof you drive a cheaper car. What’s the best way? We had a Labour Government that put a tax on pollution and what happened - Tony Abbott came along and said we don’t want a tax. I’m opposed to thermal coal right across the board. I really think now’s the time. It’s interesting Mr Mayor even though coal prices have fallen through the roof, the biggest exporting port in the world is Newcastle – there’s more coal going out now. I’m against thermal coal. My understanding the community consultation period by Hume Coal – I’ve asked this question of Hume Coal. I’ve gone to them and I said “What’s happening?” and the answer I got back is that they have to come out – the earliest will be September, the latest will be November where they have to put it out on exhibition. So in other words – I mean the people in Berrima will see it, the whole community will see it – it’ll be assessed. All the way through there has been consultation – what was the water committee that you were on Mr Mayor – the Water Advisory Committee and how many meetings did you go to Mr Mayor? You went to 4.



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8. BERRIMA AND MEDWAY COAL FREE DECLARATION 100/10, 5305/5 5305/11 Christine Mallet asked: To Clr Turland: I understand that you are insulted at being mentioned as being supportive of the new Hume Coal Mine being built at Berrima. Please can you put it on the public record whether you support or oppose Hume Coal and their mine? Also if you believe in our area remaining a coal free area. REPLY FROM CLR G M TURLAND The issue, as I said before – there are 33,000 residents so the best way to voice the whole community’s opinion is to have that community poll hopefully at the next Council election. I am offended – I am terribly offended that somebody would state myself and two others and take the liberty of what he believes the case without actually speaking to me first. I’ll read one of the sections that we did here today - and I’m allowed to do this because this is what we did in our briefing – and this is the changes or some of the amendments to the Local Government process. [Clr Turland read]. The Berrima people are a great strong group which would probably be the same group as SHCAG I would suggest. I would also suggest that the Code of Conduct it clearly says that you’re not to discriminate against anybody’s beliefs and this is what the Mayor has done – he’s damaged my reputation because he’s made a statement that I didn’t say – he said it. And he denied it the other day until we pushed him to the point. [Clr Turland read]. Now this wasn’t Mr Larry Whipper out there making a statement, this was the Mayor and introduced as the Mayor of the Council. Therefore you have no right, no right to say – what I will say to you I’d look around the table at the Councillors and some of the people in the gallery – I produce my own power on my own property. I get a $50 to $60 credit every quarter. I don’t rely upon the coal or the power supply system. I have 6 water tanks.

9. BERRIMA AND MEDWAY COAL FREE DECLARATION 100/10, 5305/5 5305/11 John Mallet asked: (i) To Clr Gair: Last year why did you hold a private and confidential meeting with Hume

Coal that the general public weren’t allowed to attend? REPLY FROM CLR T D GAIR Look it wasn’t private and confidential as such. I had a request – as I did and every Mayor has – from members of the public, from community groups, from developers – that they would like to meet and discuss an issue. I have a very open door policy – and I had for my previous two terms as Mayor as well – it didn’t matter what your concern was – I had 80 year old ladies in there who wanted a pothole fixed outside their house. Is that considered a private and confidential meeting? I had somebody from Darraby – from Broughton Street trying to suggest that they shouldn’t have to put in a new sewer line. Is that a – but that’s what Mayors do and Clr Whipper and Clr Arkwright had every right as Mayor to meet with people – and I know Clr Arkwright did the same thing as I did – met with Hume Coal as a cursory – one and only – I met with Hume Coal and they informed me that if the mine were to go ahead it would be 6 years prior to commencement and I thought “Wow that’s a long lead time”. So that was something I learned on the day but other than that it is nothing I am ashamed of. I don’t correspond with Hume Coal, I don’t have any relationship with anybody



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associated with Hume Coal, they are another developing organisation within the Shire that I treat with the same respect as I do as the people that object to it. (ii) To Clr McLaughlin: Could you tell me why you did not attend the coal free celebration

at Berrima Market Place, that attracted more than 250 families and concerned residents, residents that make up part of your constituents?

REPLY FROM CLR G MCLAUGHLIN Thanks Mr Mallett for your question. I happened to be away – I was actually sailing at the time – but can I make a comment with regard to meeting with Hume Coal. We have on occasions – Clr Scandrett, myself, I think Clr Turland and Clr Holly Campbell – were invited for just a bit of a presentation at some stage – a long time ago – it might have been 18 months ago – a couple of years ago – and we did go along and the other thing is they did offer to come and brief Councillors. Now we represent the community all of us and we were asked to be there but there was a couple of Councillors who wanted to make it political and decided to walk out and not hear the – so that’s up to them if they want to leave – as far as it being confidential, it wasn’t confidential – it was just an information session with regard to what stage they were at, what they were doing and we had the opportunity to ask questions. Now if you walk out of the room, you’re not in the room, you can’t ask questions.

10. BERRIMA AND MEDWAY COAL FREE DECLARATION 100/10, 5305/5 5305/11 A Jones asked: (i) Clr Gair: You have stated that you want to wait until the EIS is submitted before you

make up your mind about the Hume Coal proposal. Why? Surely you must have an understanding of the detrimental effect to the long term sustainable jobs in the highlands. What is your opinion on this?

REPLY FROM CLR T D GAIR Look I can only reiterate without now starting to sound rather boring to everybody. It is my position as a Councillor to remain as Clr McLaughlin pointed out and I pointed out an apprehended bias and that I should not go into and make a major decision without seeing some form of comment from the people who are proposing this development. (ii) Clr McLaughlin: Will you support an open council briefing by Hume Coal that

residents can attend? REPLY FROM CLR G MCLAUGHLIN Yes I would support that, but can I just say is really up to Hume Coal. (iii) Clr Turland: Will you stand with the community of Berrima and Medway against this

proposal?



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REPLY FROM CLR G M TURLAND Well firstly the question is - is it Alan Jones the radio interviewer – is that who it is? Well I might ring him tomorrow and have a chat to him. I have already answered it – 33,000 people – community poll – we’re on our way.

11. DECLARATION PRESENTATION – BERRIMA AND MEDWAY 100/10, 5305/5 5305/11 Elbert Mathews asked: To Clr Gair: Given that Hume Coal’s proposal for a coal mine in the Shire cannot possibly benefit the local environment nor will it provide a net economic benefit to the Shire, will you now declare your opposition to this proposal and actively lobby the State Government and if not why not? REPLY FROM CLR T D GAIR Please refer to answers 5, 6, 7, 8, 9.

12. DECLARATION PRESENTATION – BERRIMA AND MEDWAY 100/10, 5305/5 5305/11 Elbert Mathews asked: To Clr Turland: As a third generation highlander and local businessman, why have you been unable to declare your opposition to Hume Coal’s proposed mine near Berrima which can only impact negatively on the local environment and local economy? REPLY FROM CLR G M TURLAND They came in on the back of a truck I think. Anyway, the issue is – see these documents here. All of these – not one of them – Enterprise Zone, the State Government’s report, our Councils – all of these documents – nothings mentioned about mining in that – it is all about business strategy, helping business grow and the rest of it. There’s nothing in about being a coal free zone and that’s even in the Government document – this one here. So I’m fourth generation and what I can tell you listening to my 92 year grandfather – well he’s my kids grandfather – great grandfather of my kids – is that there was multiple coal mines here for many many years – back at 40 Foot Falls. I support local businesses in the area – Medway has closed which is a shame because there’s probably 100 jobs all way through the Shire and trucks would have – would have been good for that to continue – it had been going for 100 years. So I support business but I am not going to make a statement on a coal mine until 33,000 people have their voice at the next Council election and by God if we do that that’s going to be the answer the community needs and the Government needs.



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13. DECLARATION PRESENTATION – BERRIMA AND MEDWAY 100/10, 5305/5 5305/11 Elbert Mathews asked: To Clr McLaughlin: Given that you criticised your fellow Councillors in late 2013 for lack of support leading to the closure of Boral’s Medway coal mine, does this suggest you support Hume Coal’s proposed development near Berrima – and if so, how do you justify this position, or indeed a “fence-sitting” position, given that the mine would negatively impact both the local environment and local economy? REPLY FROM CLR G MCLAUGHLIN That is a very subjective statement but I’ll say negative impacts. I’ve got a brother who lives in Bulga – guess what - within 2.5 kms there’s going to be an open cut coal mine. They’re fighting it – they’re trying to stop it – and guess what they had two wins in the court – and guess what the State Government did, took back respected legislation and said it was State significant. So it doesn’t matter – they had two wins in the court – guess what – Bulga is going. For what reason? Negative impacts – Bulga’s got negative impacts, serious negative impacts within an open cut coal mine. I’m going to wait like you’ve said Mr Mayor [sic] – my answer before is – that the negative impacts – and I’ve said in my statements before earlier, I will do everything in my power to make sure that there is no negative impacts on the environment in Berrima and Medway associated with a mine. The General Manager left the meeting, the time being 5.40 pm.

14. DECLARATION PRESENTATION BERRIMA AND MEDWAY 100/10, 5305/5 5305/11 Jan Weeks asked: My question addressed to Clr Graham McLaughlin: (i) Are you a member of a board or group funded by Hume Coal’s donation program?

REPLY FROM CLR G MCLAUGHLIN No. (ii) Do you represent the residents of Berrima and Medway and if so, why did you not

attend the coal free declaration of February 6th 2016?

REPLY FROM CLR G MCLAUGHLIN I was away sailing.

(iii) Would you support an open Council briefing with Hume Coal that residents can attend

instead of closed door briefing of last year?



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REPLY FROM CLR G MCLAUGHLIN Yes, I would as long as it is not hijacked and it is a reasonable debate I would certainly – public forum.

15. DECLARATION PRESENTATION BERRIMA AND MEDWAY 100/10, 5305/5 5305/11 Alison Sutherland asked: My question is addressed to Clr Duncan Gair: Could you please tell us why you would support or seem to support the coal industry when you have lived in this area for so long? This project will be visually and environmentally damaging to such a beautiful and fragile area. The sheer beauty of the southern highlands should affect your conscience and it is very hard to understand your motives. Why? REPLY FROM CLR T D GAIR Well the motives have been explained on 15 different times. The questions – you’ve got to read them out – they’re extremely repetitive but just worded differently and the result is the same. And I believe that Clr McLaughlin, Clr Turland, myself have taken the position that we believe is responsible as Councillors.

16. DECLARATION PRESENTATION BERRIMA AND MEDWAY 100/10, 5305/5 5305/11 John Lamb asked: My question is directed to Clrs McLaughlin, Gair and Turland: Do you support the local residents in their fight against Hume Coal and if not why not? REPLY FROM CLR T D GAIR I have no objections to people standing up for what they believe is their democratic rights and what they believe in their cause. Where I oppose then is that somebody opposes their point of view that they are then treated with disdain. REPLY FROM CLR G MCLAUGHLIN I would just echo those words – you’ve got every right as a community group to be concerned about something that is impacting on you. If it comes next door to me, that’s when we hear people get up and we’ve got to take consideration of that. So certainly I think you’ve got every right and I support that you’ve got right to do it. REPLY FROM CLR G M TURLAND Looking at these documents and all these questions not once is it mentioned that we’re the Southern Highlands so it’s a shame because it’s another one of my poll questions I want to put to the community that we the Southern Highlands …



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Directed to Clr McLaughlin: Are you a member of a board or organising committee of any group funded by Hume Coal’s donation program? REPLY FROM CLR G MCLAUGHLIN Not I’m not.

17. DECLARATION PRESENTATION BERRIMA AND MEDWAY 100/10, 5305/5 5305/11 Gerard Sayer asked: Directed to Clrs Graham McLaughlin, Duncan Gair, Garry Turland (i) Why are you not addressing the risk to our water supply? Hume Coal have not

covered this topic adequately. REPLY FROM CLR T D GAIR I will follow the EIS that’s why I am waiting before I make a comment. REPLY FROM CLR G MCLAUGHLIN Can I just say I hope the planning assessment commission goes through this thoroughly and spends the time with the right resources to identify the problems and if there are problems there Mr Chair – they need to be – we’re all concerned about the water that’s a problem. Now if they can’t do it they won’t get the tick. But as I’ve said before, we are not the consent authority, the State Government – even though we may win it in the court – they can take it back and say its State significant and they’ll do it anyway. They’re more concerned with cross tunnel funding than Berrima – sorry. REPLY FROM CLR G M TURLAND It’s actually interesting it says why are you not addressing the risk of water. Well I’m not an hydrologist, I’m not an engineer and I rely upon the advice I imagine the Chief Scientist for the State Government will be bringing forward through the collaboration of Hume Coal or whoever they might get to do their reports. And so, I can’t make a decision on water – as I said I have six water tanks – I don’t even rely on Council’s water. (ii) Have you any vested interests in the mine going ahead? REPLY FROM CLR G M TURLAND No I have no vested interest at all. REPLY FROM CLR G MCLAUGHLIN No I don’t.



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REPLY FROM CLR T D GAIR No neither do I but I will make the point I have taken one political donation in 20 years and I will not take donations – not like Councillors around – and I would like to know what Councillors are fighting this cause have taken donations from the very people that they’re supporting, or will support because that could be a very interesting question.

18. DECLARATION PRESENTATION BERRIMA AND MEDWAY 100/10, 5305/5 5305/11 Donatella Piccinetti asked: My question is directed to Councillor – (i) What are your reasons for supporting Hume Coal? (ii) Why, when the community has voted against the mine by a large majority, are you still

supporting the proposal? (iii) Why aren’t you concerned about the danger of the mine leaking into the

Wingecarribee River and our water reservoirs? It was noted that there was no clarity around which Councillor these questions were addressed to and therefore no reply is provided.

19. GENERAL BUSINESS ITEMS OF THE ORDINARY MEETING OF COUNCIL ON

10/02/2016 PERS, 100/10, 101/15 Christian King asked: At the ordinary meeting of council on 10/02/2016, Clr Garry Turland appeared to be visibly distressed during the general business items. He subsequently slammed his briefcase on the table, exited the chamber, then re-entered sitting in the gallery. Is this behaviour acceptable pursuant to Council’s code of meeting practice? If not, what disciplinary sanctions can the General Manager impose on Clr Turland for his behaviour? REPLY FROM CLR GAIR Look I’ll take this without it going to Mr Paull. Every Councillor has the right to leave the chamber. If a Councillor leaves the chamber in a distressed or angry state that’s up to him or her and I’ve seen it happen with other Councillors other than Clr Turland. I do say this though that if a Councillor leaves the chamber – and it happened in debate last year in relation to an application from a group who wanted to hold a weekend function – a Councillor left and came back in and a Councillor left – because there wasn’t a quorum and that Councillor unless he was in the chamber it couldn’t be voted on, so he went out of the chamber and it couldn’t be carried on – in other words if a Councillor leaves the chamber without due cause the Councillor - and under the terms of rules - is not allowed back in once a Councillor exits for no good given reason. So that is up to the Councillor and my advice to Councillors is that you cannot have a say if you take your feet from under the table and if you leave for a reason of disappointment or whatever then you lose the right and so you should.



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The General Manager returned to the meeting at 5.48 pm. REPLY FROM GROUP MANAGER CORPORATE & COMMUNITY Council’s Code of Conduct provides a framework for acceptable Councillor behaviour. Should anyone feel that a Councillor has breached the behaviour standards as articulated in the Code of Conduct, they may wish to raise their concerns with the General Manager via the Code of Conduct procedures. Part 4 of the Code of Conduct procedures provides guidance on this matter and the Code of Conduct procedures are available on Council’s website.



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MAYOR RESUMES THE CHAIR

MN 72/16

MOTION moved by Clr J R Clark and seconded by Mayor L A C Whipper THAT Council move from Committee of the Whole back into Council, the time being 5.49 pm with the Mayor Clr L A C Whipper resuming the Chair to conduct the remainder of Council Business. PASSED



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21. GENERAL BUSINESS There was no General Business at this Meeting.



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22. CLOSED COUNCIL

MOVING INTO CLOSED SESSION

107/9 At this juncture, the time being 5.52 pm, Council moved into Closed Council.



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MN 73/16

MOTION moved by Clr J G Arkwright and seconded by Clr T D Gair 1. THAT Council moves into Closed Council in accordance with the requirements

of Section 10A(2) of the Local Government Act 1993 as addressed below to consider the following reports that are confidential for the reasons specified below:


Relevant Legal Provisions This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and under clause 10A(2)d(i) as it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

Brief description The purpose of this report is to present the evaluation of the Request for Tender for the replacement of the bridge at Kirkland Road, East Kangaloon.



Brief description The purpose of this report is to facilitate the evaluation of the Request for Tender for the rehabilitation of Bong Bong Road between Mary and Belmore Streets at Mittagong.


Relevant Legal Provisions This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and under clause 10A(2)d(i) as it contains commercial information of a confidential nature that would, if



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disclosed prejudice the commercial position of the person who supplied it and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

Brief description The purpose of this report is to present the evaluation of the Request for Tender for the Railway Terrace Bridge approaches at Willow Vale.

22.4 Ellsmore Road Improvements, Bundanoon and Exeter


Brief description The purpose of this report is to present the evaluation of the Request for Tender for the Ellsmore Road Improvements Project.



Brief description Reporting on the evaluation of the tender for the Management & Operation Mittagong Caravan Park.


Relevant Legal Provisions This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.



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Brief description The objective of this report is to have Council consider the compensation which has been further assessed jointly by registered valuers on behalf of both Council and the owners of the subject property. Compensation is to be paid to the owners for the grant of an easement over the subject property.


Relevant Legal Provisions This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)d(i) as it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

Brief description The purpose of this report is to provide Council with an update on the finalisation of construction issues in regard to the provision of electrical conduits and power pole relocations, as required to be constructed by Council, in the Douglas Road, Moss Vale Planning Agreements. It is recommended that Council compulsorily acquire land under the Land Acquisition (Just Terms Compensation) Act 1991, fronting Douglas Road, Moss Vale for the purpose of providing land within the Road Reserve for electrical conduit allocation.

22.8 Legal Affairs

Relevant Legal Provisions This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(g) as it contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

Brief description Reporting the ongoing management of legal proceedings since last reported to Council on 9 December 2015.

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

resolution) be made public. PASSED



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Reference: 6330/15.18 Report Author: Contract Engineer Authoriser: Manager Design and Construction Link to Corporate Plan: Provide safe and efficient road, cycle and where


This Item was dealt with earlier in the Meeting (refer to MN 54/16 on page 21).



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CONFIDENTIAL ITEM

This report is confidential in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and under clause 10A(2)d(i) as it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

PURPOSE The purpose of this report is to present the evaluation of the Request for Tender for the Ellsmore Road Improvements Project. Deputy Mayor I M Scandrett left the chambers, the time being 5:55 pm and returned to the meeting at 5.56 pm. The General Manager addressed Council on this matter. It was noted that this Item was dealt with as the last Item (refer MN 76/16 on page 76).



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Reference: PN676300; 6330/15.23 Report Author: Senior Property Officer Authoriser: Manager Business Services Link to Corporate Plan: Ensure systems and processes are in place to achieve

mutual trust and collaboration This Item was dealt with earlier in the Meeting (refer to MN 58/16 on page 25).



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mutual trust and collaboration This Item was dealt with earlier in the Meeting (refer to MN 53/16 on page 20).



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Reference: 5701/27 Report Author: Strategic Planner Authoriser: Acting Strategic Planning Team Leader/Coordinator Link to Corporate Plan: Change our paradigm from self-interest to mutual benefit This Item was dealt with earlier in the Meeting (refer to MN 61/16 on pages 28 and 29).



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22.8 Legal Affairs

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


CONFIDENTIAL ITEM

This report is confidential in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(g) as it contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

PURPOSE Reporting the ongoing management of legal proceedings since last reported to Council on 9 December 2015.

The General Manager, General Counsel and Deputy General Manager Corporate, Strategy & Development Services addressed Council on this matter.

MN 74/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr J R Clark 1. THAT the information contained in the Legal Affairs report be noted. 2. THAT in relation to Item 2(a) in Ongoing Legal Matters Council proceeds with

the appeal process. PASSED



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19.1 Question with Notice 02/2016 - Bowral Country Golf Course

Reference: 101/2, LSE15/022, LSE90, 6612/1.1, PN215900 Report Author: Administration Officer Authoriser: Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


To: General Manager

From: Clr Holly Campbell

Received: 17 February 2016

Subject: BOWRAL COUNTRY GOLF COURSE

Question:

1. Subsequent to an ‘information session’ of 8th Oct 2015 (attended by some councillors,

not all) it was understood by staff present including the DGM that proposed changes to council’s public golf course presented on behalf of Bowral Country Living (owned by Clr John Uliana) by Mr Ken Street and Mrs Liz Uliana from an 18 hole course to a 12 hole course were being proposed by the lessees, the Uliana’s and, that as at the time of the meeting the lessee (Bowral Country Living owned by Clr John Uliana) had not finalised their proposal and that prior to any works or changes occurring on council property, a final documented proposal was to come back to council for consideration and that the final proposal to the changes including a reduction from 18 holes to 12 and other concepts was to be put by the Uliana’s to the golf club members for consultation therefore, would the GM please provide the dates on which council subsequently received the full proposal and it was formally brought to council and the dates the proposed changes to the public’s golf course go on public notice for 28 days for community feedback and on what date was the golf club membership’s consultation meeting held?

2. In relation to the aforementioned background pertaining to proposed changes the Bowral’s public golf course leased by WSC to Clr John Uliana could you please ascertain and advise the date of the Lessee's (Clr John Uliana or his delegate) meeting with the golf club membership pertaining to proposed changes to their course - as was understood by staff to be part of the preliminary steps prior to approving any changes to the public golf course - and what was the membership’s response including whether any of the club memberships requested proportional refund of membership fees and whether those refunds occurred?

3. It has been said in words to the effect on radio by Clr Uliana (Lessee of WSC's golf course) that his implemented changes to the golf course reflect his view that people don't have time today to play 18 holes and his changes are all about 'family'. Given the Plan of Management clearly states the golf course is an 18 hole course and must be so maintained, not a 12 or 9 hole course and that ‘real’ golfers do not like to play ‘repeat holes‘ and that 'families' generally do not accompany their golfer-family-member around the course and that about 50 to 60 members always turn up to Medal Day comps and yet only 15 turned up to the most recent event, would the GM



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concede regrettably, that the membership has demonstrated disenfranchisement and when is the GM and the managing agent going to inspect council's property and report back to council on the apparent breaches of the lease by the Lessee?

Response:

With regard to the three questions, an update is included in the Legal Affairs report as it contains advice that is subject to legal professional privilege and, accordingly, must be considered in Closed Council.

This matter was moved into Closed Council for consideration (MN 75/16 on page ) The General Manager and General Counsel addressed Council on this matter.

MN 75/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr J G Arkwright THAT the information in relation to Question with Notice 02/2016 – Bowral Country Golf Course be noted. MOTION PASSED



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CONFIDENTIAL ITEM

This report is confidential in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(c) as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and under clause 10A(2)d(i) as it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

PURPOSE The purpose of this report is to present the evaluation of the Request for Tender for the Ellsmore Road Improvements Project. The General Manager and Deputy General Manager Operations, Finance & Risk addressed Council on this matter.

MOTION

MN 76/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr J G Arkwright THAT Council accept the tender from Stefanutti Construction Pty Ltd at a Lump Sum of $591,284 ex GST to undertake the road works.

AMENDMENT moved by Clr T D Gair and seconded by Clr H R Campbell 1. THAT Council accept the tender from Stefanutti Construction Pty Ltd to undertake the

road works to the southern end of Ellsmore Road at a Lump Sum of $240,033 ex GST.

2. THAT close Ellsmore Road at Exeter to through traffic approximately half-way

between Exeter Road and Middle Road. 3. THAT the proposed closure of Ellsmore Road be advertised and the comments

reported to Council.



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4. THAT it be noted that a gate needs to be constructed at the closure point for use by emergency services and relevant authorities AND THAT turning circles will need to be constructed on each side of the closure point.

ON BEING PUT TO THE MEETING VOTING ON THE AMENDMENT WAS TIED AT FOUR (4) VOTES ALL AND THE MAYOR USED HIS CASTING VOTE AGAINST THE AMENDMENT AND IN FAVOUR OF THE MOTION MOTION PASSED



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RESUMPTION OF OPEN COUNCIL

107/10

MN 77/16

MOTION moved by Deputy Mayor I M Scandrett and seconded by Clr J G Arkwright THAT Council moves from Closed Council into Open Council. PASSED

No members of the public were present in the Chamber.

ADOPTION OF CLOSED COUNCIL

107/9

MN 78/16

MOTION moved by Clr G M Turland and seconded by Clr G McLaughlin THAT the recommendations of the Closed Council held on Wednesday, 24 February 2016 being MN 74/16 to MN 76/16 be adopted. PASSED

23. ADOPTION OF COMMITTEE OF THE WHOLE

107/10

MN 79/16

MOTION moved by Clr G M Turland and seconded by Clr G McLaughlin THAT the recommendations of the Committee of the Whole held on Wednesday, 24 February 2016 being MN 48/16to MN 71/16 be adopted. PASSED



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24. MEETING CLOSURE

THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 6.58 PM In accordance with the provisions of Section 375(2) of the Local Government Act, these Minutes of the Ordinary Council Meeting held Wednesday 24 February 2016 numbered M/N 42/16 to M/N 79/16 were signed by me hereunder at the Council Meeting held on Wednesday, 9 March 2016.

CHAIRMAN

READ AND CONFIRMED ON WEDNESDAY, 9 MARCH 2016

CHAIRMAN PUBLIC OFFICER

Minutes of Ordinary Meeting of Council - 24 February 2016 · 2017-06-23 · Clr G M Turland asked if the Mayor will apologise to Clr Gair for making the statement, that he should

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