Agenda of Ordinary Meeting of Council - 26 August 20152015/08/26 · 3.32pm Opening Prayer –...

Civic Centre, Elizabeth St, Moss Vale, NSW 2577. PO Box 141, Moss Vale. t. (02) 4868 0888 f. (02) 4869 1203

e. [email protected] DX 4961 Bowral ABN 49 546 344 354

File No: 100/2015

21 August 2015

Dear Councillor,

You are kindly requested to attend the Ordinary Meeting of Wingecarribee Shire Council to be held in Council Chambers, Civic Centre, Elizabeth Street, Moss Vale on Wednesday 26 August 2015 commencing at 3.00pm. Please note the earlier starting time of the Meeting due to a presentation to Council by Southern Highlands Coal Action Group which will commence shortly after the opening of the Meeting.

Yours faithfully Ann Prendergast General Manager

SCHEDULE

3.00pm Council Meeting begins

5.30pm Questions from the Public to be read out

7.40pm Closed Council

Runing

ORDINARY MEETING OF COUNCIL

held in the Council Chambers, Civic Centre, Elizabeth Street, Moss Vale

on Wednesday, 26 August 2015 at 3.30pm.

RUNNING SHEET

Time Item

3.30pm Opening of meeting – please remind all present that mobile phones must be switched off before the meeting and that the meeting is tape recorded.

Acknowledgement of Country - Clr L A C Whipper

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.

3.32pm Opening Prayer – Chaplain John Wheeler, Transport for Christ, Mittagong

3.35pm Apologies - Clr G McLaughlin

Adoption of Previous Minutes – Wednesday, 12 August 2015

Business Arising (if any)

Declarations of Interest (if any)

Mayoral Minute (if any)

Public Forum (if any)

Motion to move into Committee of the Whole - Clr J G Arkwright

Visitor Item –

Item 10.1 DA 15/0180 Proposed Temporary Use of Land for Outdoor Concerts - Centennial Vineyard, 254 Centennial Road, Bowral

Council Reports

5.30pm Motion to move into Council and the Mayor resumes the Chair

5.30pm Questions from the Public to be read

Continuation of Council Reports

General Business Questions

Questions with Notice

Notices of Motion

7.40pm Closed Committee

8.00pm Meeting Closed

Ann Prendergast General Manager

AGENDA FOR THE ORDINARY MEETING OF COUNCIL

Wednesday 26 August 2015

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Business

1. OPENING OF THE MEETING

2. ACKNOWLEDGMENT OF COUNTRY

3. PRAYER

4. APOLOGIES

Clr Graham McLaughlin

5. ADOPTION OF MINUTES OF PREVIOUS MEETING

Ordinary Meeting of Council held on 12 August 2015

6. BUSINESS ARISING FROM THE MINUTES

7. DECLARATIONS OF INTEREST ................................................................... 1

8. MAYORAL MINUTES

9. PUBLIC FORUM

COMMITTEE OF THE WHOLE

10. VISITOR MATTERS

OPERATIONS, FINANCE & RISK

Nil

CORPORATE, STRATEGY & DEVELOPMENT SERVICES

10.1 DA 15/0180 Proposed Temporary Use of Land for Outdoor Concerts - Centennial Vineyard, 254 Centennial Road, Bowral ............................ 2

11. EN BLOC MOTION

12. OPERATIONS FINANCE & RISK

12.1 Request to Purchase, 86-90 Merrigang Street, Bowral ....................... 28

12.2 Easement to Drain Water over Council Property, 162 Bowral Street, Bowral ................................................................................................ 29

12.3 Mittagong Swimming Centre - Electrical Works Update ....................... 36

12.4 Investment Report as at 31 July 2015 .................................................. 40

12.5 Bowral Distributor Road - Project Management Tender ....................... 45

12.6 Robertson Sewerage Scheme - Bowling Club Sewer Connection ........ 47

13. CORPORATE STRATEGY & DEVELOPMENT SERVICES

Nil

Mayor to resume chair at 5.30 pm

COUNCIL MATTERS



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14. GENERAL MANAGER

14.1 Annual Hill Top RFS Garage Sale Fundraiser ...................................... 49

14.2 Proposed Community Engagement Approach for Special Rate Variation - Investing in our Future ........................................................ 52

14.3 Kaifeng - Sister City Relationship ......................................................... 57

14.4 Request for Leave of Absence - Clr Graham McLaughlin .................... 61

14.5 Staff Matter .......................................................................................... 63

14.6 Legal Affairs ......................................................................................... 64

15. DELEGATE REPORTS

16. PETITIONS

Nil

17. CORRESPONDENCE FOR ATTENTION

Nil

18. COMMITTEE REPORTS

18.1 Minutes of the Finance Committee Meeting held on Wednesday, 19 August 2015 ........................................................................................ 68

18.2 Minutes of the Economic Development & Tourism Committee Meeting held on Tuesday, 11 August 2015 .......................................... 81

19. QUESTIONS WITH NOTICE

Nil

20. NOTICES OF MOTION

20.1 Notice of Motion 37/2015 - Lot 12 Range Road, Mittagong .................. 87

20.2 Notice of Motion 38/2015 - Report of Judgment of Lot 11 Range Road, Mittagong .................................................................................. 88

21. GENERAL BUSINESS

Nil

22. CLOSED COUNCIL

Moving into Closed Session ...........................................................................89

22.1 Staff Matter This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(a) as it contains personnel matters concerning particular individuals (other than councillors) and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

22.2 Request to Purchase, 86-90 Merrigang Street, Bowral 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.

22.3 Bowral Distributor Road - Project Management Tender 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



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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.

22.4 Robertson Sewerage Scheme - Bowling Club Sewer Connection 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.

22.5 Legal Affairs 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.

23. RESUMPTION OF OPEN COUNCIL

Resumption of Open Council

Adoption of Closed Session

24. ADOPTION OF COMMITTEE OF THE WHOLE

25. MEETING CLOSURE



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Our Mission, Our Vision, Our Values

OUR MISSIONTo create and nurture a vibrant and diverse community growing

and working in harmony with our urban, agricultural and natural

environments

OUR VISION

OUR VALUES

Environment: ‘A community that values

and protects the natural environment

enhancing its health and diversity’

Economy: ‘A strong local economy that

encourages and provides employment,

business opportunities and tourism’

Leadership: ‘An innovative and effective

organisation with strong leadership’

People: ‘A vibrant and diverse

community living harmoniously,

supported by innovative services and

effective communication with Council’

Places: ‘Places that are safe,

maintained, accessible, sympathetic to

the built and natural environment, that

supports the needs of the community’

Integrity, trust and respect

Responsibility and accountability

Communication and teamwork

Service quality



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Council Chambers

Recording of Ordinary Meeting of Council As authorised by the Local Government Act 1993, Wingecarribee Shire Council records the proceedings of the Ordinary Meeting of Council to ensure accurate transcription of resolutions.

Recording of meetings by members of the media is permitted only for the purpose of verifying the accuracy of any report concerning such meeting. Broadcasting of any sound recording is not permitted. Video recording is also not permitted. No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of Council without prior permission of the Council.

En

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Media Table

Public Public

Councillors

MayorClr Duncan Gair

General ManagerAnn Prendergast

Minute TakerElizabeth Johnson



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DECLARATIONS OF INTEREST

101/3, 101/3.1

The provisions of Chapter 14 of the Local Government Act, 1993 regulate the way in which Councillors and nominated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public trust. The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest and the reasons for declaring such interest must be disclosed as soon as practicable after the start of the meeting. As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussions or voting on that matter and further require that the member vacate the Chamber. Council‘s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.



REPORT DEPUTY GENERAL MANAGER CORPORATE, STRATEGY & DEVELOPMENT SERVICES

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COMMITTEE OF THE WHOLE

10 VISITOR MATTERS

CORPORATE STRATEGY & DEVELOPMENT SERVICES

10.1 DA 15/0180 Proposed Temporary Use of Land for Outdoor Concerts - Centennial Vineyard, 254 Centennial Road, Bowral

Reference: 15/0180 Report Author: Town Planner Authoriser: Acting Team Leader Town Planning Applicant: Lee Environmental Planning Owner: Windbelt P/L Link to Corporate Plan: Strengthen the connectivity, liveability and vibrancy of

towns and villages

PURPOSE This report considers a development application for the temporary use of the Centennial Vineyards site for outdoor concerts. The application has not supplied sufficient information at this time for determination by way of approval. The applicant is not willing at this stage to submit a noise report, or to consider an alternate location, however is seeking a determination. Consequently, this report is prepared for consideration and recommends deferral of the application pending the submission of additional information.

VOTING ON THE MOTION

Councillors are required to record their votes on this matter.

RECOMMENDATION THAT development application 15/0180 for the temporary use of land for outdoor concerts at Centennial Vineyard, 254 Centennial Road, Bowral being Lot 1 DP 435373, Lot 5A DP16192 and Lot 1 DP 126196, be DEFERRED pending the submission of a noise report and assessment of the use of an alternate venue within the subject site.

REPORT

BACKGROUND Council issued a development consent in 2008 (LUA08/1186) for “A Day on the Green” outdoor concerts to be held 4 times per year over 5 years (Attachment 1). The applicant was Roundhouse Entertainment, the promoter for the concerts. The 2008 consent has since lapsed and the landowner is now seeking approval to operate concerts from the site. It is advised that due to the nature of the recommendation being for a deferral (as addressed throughout this report), no draft conditions for DA15/0180 have been prepared.




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However copies of recommended conditions from external agencies (NSW Police, Water NSW and NSW Rural Fire Service) are provided for interest (Attachments 2, 3 & 4).

DETAILS OF PROPOSAL Council received a development application on 12 March 2015 for the temporary use of the Centennial Vineyards site for outdoor concerts. The application proposes 5 concerts per calendar year with events held over weekends (e.g. concert on Saturday and another event on Sunday). It is noted that the site has to be prepared for the events and restored afterwards which can usually result in a lead in of at least 1 week before and after for installation/preparations. Concert times proposed are 2pm – 11pm with “bump in” from 12pm and “bump out” finishing at 12am. Events would include food stalls but food may also be brought to the venue. Alcohol would be available on the site. The Statement of Environmental Effects provides for up to 8000 people in attendance to be limited by ticket sales. Portable toilets and security would be provided.

Subject Site and Locality

The subject site formally comprises Lot 1 DP 435373, Lot 5A DP16192 and Lot 1 DP 126196, Centennial Road, Bowral as shown in Figure 1 below, which is approximately 87 ha in area.

Figure 1 (see Attachment 5)




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The site is developed with the following improvements being the Centennial Vineyard restaurant, cellar door, and car parking and some ancillary shedding and a dwelling to the west. The site consists of cleared grazing land, vineyard and remnant bushland around the dwelling and cellar door complex. The site is identified as containing remnant Southern Highlands Shale Woodland and is also identified as being bushfire prone land.

The site undulates and has a natural amphitheatre located to the east of the vineyard building complex. The site adjoins both low density residential land and land zoned RU4 (Primary Production Small Lots) to the east and low density rural areas to the north, south and west.

STATUTORY PROVISIONS

NSW Rural Fires Act 1997

The application has been referred to the NSW Rural Fire Service for comment, referral is not required under the Act, however, NSW RMS has requested that large events proposed on bushfire prone land be referred for comment given the potential risks to public safety.

NSW RFS has not provided a formal response to date.

State Environmental Planning Policies SEPP (Infrastructure) 2008 The application required referral to Roads and Maritime Services (RMS) under the provisions of the SEPP given the proposed traffic generation. RMS has advised that it does not object to the proposal in principle and that arrangements for traffic and pedestrians in and around the classified road network should be considered by Council’s Traffic Committee. RMS also outlines further requirements for approvals associated with the traffic management following approval. SEPP (Sydney Drinking Water Catchment) 2011 The application is subject to the provisions of the SEPP and is a Module 5 development. Therefore, Council has referred this application to Water NSW (former Sydney Catchment Authority) for its concurrence. Water NSW has issued its concurrence subject to conditions that shall be imposed on a Notice of Determination for approval (Attachment 3).

Local Environmental Plans Wingecarribee Local Environmental Plan 2010 The site is zoned E3 ‘Environmental Management’ under Wingecarribee Local Environmental Plan (WLEP) 2010. Events are included in the definition of function centres which are defined as:

“function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.”

Function centres are not a permissible use within this zone. Accordingly, the application has been considered under the temporary use of land provisions in clause 2.8 of the LEP as follows:




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“2.8 Temporary use of land

(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2) Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 60 days (whether or not consecutive days) in any period of 12 months.

(3) Development consent must not be granted unless the consent authority is satisfied that:

(a) the temporary use will not prejudice the subsequent carrying out of

development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4) Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5) Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).”

It is considered that the temporary use would not prejudice the subsequent carrying out of development on the land. It is considered that the temporary use would potentially adversely impact on adjoining land. The two main issues that impact upon the surrounding area are noise and traffic. Noise was an ongoing issue with the previous “A Day on the Green” concerts. The previous development consent included a noise condition based on the noise report submitted with the application as follows:

“Noise criteria for the concerts are to be a maximum of LAeq – 65dB(A), LCmax – 90dB(C) when measured at the residential receiver locations as shown in the Benbow Environmental Summary Findings of Noise Management a Day on the Green Bowral dated March 2009, Report No 109058_Rep. Each event must be monitored by a noise consultant appointed by the applicant, agreed to by Council, with any breach of the limits notified immediately to the concert’s acoustic engineers with appropriate immediate adjustments made. Results of all monitoring are to be provided to Council within fourteen (14) days of the concert.”

During monitoring of the concerts, noise levels frequently reached the upper limit and had to be adjusted down again. Despite monitoring, the noise limit was quite high and the concerts were loud even when inside the closest dwelling. Council has requested the submission of a noise report for this DA (a copy of the previous report could be re-submitted subject to approval from the author) but the applicant does not wish to provide one and wants this




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assessment to be based on a report previously provided for Roundhouse Entertainment. This report would not address the issues surrounding noise at previous concerts. Furthermore, the use of a report not submitted with the DA currently being assessed is problematic due to both copyright laws and in terms of the document not being included in the package of supporting documentation with this application (therefore legally not forming a part of this application). The applicant has not responded to a request to consider an alternate venue location (within the Centennial Vineyard site) for the concerts which would reduce the impact of noise. If a more suitable location on the site could be found for the concert venue (in terms of noise impacts) this would significantly reduce one of the main issues associated with the proposal. Noise is one of the main assessment criteria in terms of permissibility under Clause 2.8, given that the temporary use of land clause requires the consent authority to be satisfied that the temporary use will not adversely impact on the amenity of the neighbourhood. It is considered that the application should be deferred pending the submission of a noise report and an assessment provided on the potential for other areas within the subject site to be used for the venue (given the portable nature of the stage, stalls, seating, fencing and toilets), and the overall size of the property (approximately 87ha).

A Traffic Management Plan (TMP) has been submitted with the DA which has been referred to both RMS and the Local Traffic Committee. Traffic from Sydney, Canberra and Wollongong would access the site via the Hume Highway, Old Hume Highway and the western end of Centennial Road. A shuttle bus would be provided to bring pedestrians to the site from the towns. Traffic controllers would be located on Centennial Road to manage traffic at peak times. No roadside parking will be available on Centennial Road on the day of the event. It is considered that the TMP submitted is very similar to the TMP for the “A Day on the Green” concerts which was well implemented. The main issue with traffic management was the lack of wet weather parking on the site. The TMP includes a provision for the use of a tractor to pull cars out if conditions are too boggy. In the past concerts were cancelled following issues with wet weather at the site during some events. Recommendation No 3 of the Local Traffic Committee with regard to this proposal and wet weather states:

3. THAT a procedure be prepared for the cancellation of an event due to wet weather which includes the timing of on-site meetings and advice to patrons.

The recommendations of the Traffic Committee are included in the consultation section of this report. The negative impacts associated with increased traffic on the amenity of the surrounding area are considered to be acceptable if the number of events at the site are limited.

Clause 2.8(3)(c) also requires that the temporary use will not adversely impact on environmental attributes or features of the land. The proposed use does not include permanent construction, earthworks or tree removal. The location of the natural amphitheatre is within an area identified on Council’s mapping as containing Southern Highlands Shale Woodland Endangered Ecological Community (EEC) which is protected under the provisions of the Threatened Species Act, 1995. It is likely that grass mowing in the event area will be undertaken which can impact on vegetation re-growth, however, the area is managed as an inner protection area due to its bushfire affectation. This essentially means the area is managed with trees being retained but the ground level kept relatively clear. On this basis it is considered that the proposed events are unlikely to have an adverse impact on the environment.

At the end of each temporary use period it will be possible to restore the site to its former condition as far as is practicable.




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The applicant is requesting that the consent not be limited to 5 years and is seeking an unlimited consent with 5 events (over weekends) per calendar year. The applicant is justifying this position on the basis:

“Clearly from an applicant’s point of view, a consent that is issued with an expiry date is not as good as one that allows them to operate for however long they see value in the consent. As far as Centennial goes, there’s no surprise that my client doesn’t think another consent with an expiry date is warranted, given that he has already served a 5 year trial period with the previous consent. When it comes to noise abatement, the condition previously imposed is the appropriate response and we remain unconvinced as to what another noise assessment report will do to advance the assessment of the application. You and I both know that it will say that there are some properties that will experience some excessive noise and that noise levels at individual concerts should be monitored, so why not go straight to the condition.

We would very much prefer the DA to be judged by the Council on the information submitted, which includes reference to previous information, that remains relevant and valid. Council can also judge it on the track record, which over the 5 years of the previous consents operation, did not give rise to significant impacts - or certainly not impacts that would override the public interest of having the events. If Council does not want the concerts to restart, then let them say so.”

As previously discussed noise is an issue with regard to the temporary use of land clause in terms of permissibility. The limitation of a potential development consent’s operation is one means of mitigating noise impact to an acceptable level. The owner was not the applicant previously and the events were run by the one single promoter which provided clear communication during events between those on the stage and monitoring noise levels. The current proposal would potentially result in different promoters for different events. It is not clear that this is a situation that will be easy to manage from a noise perspective. There were issues with noise associated with the previous concerts that were never really resolved. Even when compliance was achieved the limit in the condition was quite high especially when experienced from the closest residential dwelling.

It is considered that unless a more acceptable location is found on the site (from a noise perspective), that any consent should be limited both in number of events and duration of the consent period. The impact of the traffic on the residential area also has to be considered on the local traffic network and residential area.

Development Control Plans The provisions of the Rural Lands DCP apply to this site, however, there are no specific provisions (development controls) relating to the development as proposed.

Section 79C Evaluation A complete s79C evaluation of this matter cannot be undertaken without a noise assessment.

CONSULTATION

COMMUNITY ENGAGEMENT

Pre-lodgement Meeting

A pre-lodgement meeting was held with the applicant and owner of the site. The main issues raised were noise and the previous issues with the lack of a wet weather contingency




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plan. It was agreed that a copy of the previous noise report could be re-submitted with this application subject to approval from the report author.

Internal Referrals

Council’s Traffic Committee (including representatives from Council, RMS and NSW Police)

has recommended:

1. THAT there is no objection to the traffic and parking arrangements proposed for the Temporary Outdoor Concerts at Centennial Vineyard, Bowral subject to the satisfactory completion of all requirements of the Guide to Traffic and Transport for Special Events for a Class 2 Event;

2. THAT the organiser liaise with Police at the Hume Local Area Command prior to the event to manage drop off locations in the Bowral CBD for bus patrons;

3. THAT a procedure be prepared for the cancellation of an event due to wet weather which includes the timing of on-site meetings and advice to patrons.

Council’s Environment and Health Officer has advised:

“I suggest that the following food safety conditions should be imposed:

Temporary food premises must be set up and operated in accordance with the Food Act, the Food Regulation, Food Safety Standards and NSW Food Authority’s Guidelines for Food Businesses at Temporary Events.

Food vending vehicles must also comply with the NSW Food Authority’s Guidelines for Mobile Food Vending Vehicles. This is in addition to the abovementioned legislation, standards and guidelines.

Notifications of the temporary food events must be timely submitted through the NSW Food Authority online notification system on http://www.foodnotify.nsw.gov.au/

Toilets must be provided for the use by all food handlers and maintained in a hygienic condition.

A hand washing facility must be provided immediately adjacent to the toilets. It has to have warm running water through a single outlet and be supplied with soap and paper towels.”

Council’s Manager, Destination Southern Highlands:

“As per the original application of 2008 Destination Southern Highlands and its tourism industry is very supportive of the proposed application to conduct outdoor concerts at Centennial Vineyards. Of the years that concerts were conducted under the banner of ‘A Day on the Green’ (ADOG) they proved to be hugely successful in delivering additional and appealing events for our region which contributed enormously to our visitor economy.

Events play a particularly strong role in increasing destination awareness and desirability. They can be the reason for visitors to act ‘now’ and book travel; and also encourage repeat visitation by those looking for something new and different.

The ‘music in the vines’ style events have helped to positioned our destination as a must visit for premier food & wine & cultural experiences whilst also supporting the

http://www.foodnotify.nsw.gov.au/




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new branding of the region. From an economic prospective ADOG delivered additional direct and indirect job opportunities for our local hospitality industry. The outdoor concerts held at Centennial Vineyards had a major flow-on impact with a multiplier effect benefiting our transport & accommodation industry, attractions, shopping precincts, galleries, wineries, petrol stations, cafes, restaurants and hotels. Increased visitation to the region, expenditure & length of stay were all key benefits of the ADOG events.

From a community aspect the events created positive engagement with a large and diverse section of our local community whilst also generating a good level of community pride. The events provided the opportunity for the local community to participate in the event. It also gave residents the opportunity to acquire or improve skills and open the door for volunteer involvement and reward.

It must be noted that outside of the regions flagship event of Tulip Time no other major event has impacted our tourism sector as much as ‘A Day on the Green’ events. It has been notably missed from our current calendar of events for the region and Destination Southern Highlands reached peak accommodation sales through the periods when ADOG events were conducted over the years.”

Council’s Manager Economic Development:

“I have read Steve's [Steve Rosa, Manager Destination Southern Highlands] comments and support them.”

Council can have a noise condition for the nearest “occupied dwelling” as opposed to dwelling in relation to noise levels. Ultimately, finding a more suitable location on the site would be a more secure way of dealing with this matter.

External Referrals

As noted in the report above the application has been referred to NSW RFS, Water NSW and RMS. In addition to these authorities the application was also referred to:

NSW Police

NSW police advised that:

“A review of previous "A Day on the Green" concerts indicates that there have been problems with the level of intoxication of some patrons. I note that the organisers propose to run shuttle buses between the venue and the local townships. It would appear that the only reason that there have been no problems in the past from intoxicated patrons dropped off in the Bowral CBD is that the licensed premises in the CBD had closed early and were no longer open when the patrons arrived. The organisers cannot expect the licensees of other venues to close for the concert or manage the intoxicated patrons left by the shuttle buses. This issue has not been addressed in the organiser’s Traffic Management Plan and further consultation is needed between the Hume Local Area Commander and the organisers of the event.”

NSW Police have included a number of consent conditions (Attachment 2).




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NSW Ambulance

NSW Ambulance has advised that:

The only amendments we would make are in the Traffic Management Plan.

Under Section 4.3 Ambulance

Amend: NSW Ambulance may be in attendance depending upon the nature of the event.

Remove: All reference to Bowral ambulance.

Add: In an emergency, all requests for an ambulance will be made via 000.

The local Sector Office is located at Camden; the local representative is the NSW Ambulance LEMC member, Stephanie Radnidge.

Neighbour Notification (or Advertising)/Public Participation The application was neighbour notified from 7/5/15 – 29/05/15 with 10 submissions received objecting to the proposal. The submissions are summarised as follows:

General Issues

The Statement of Environmental Effects (SEE) relies heavily on the previous applications for concerts held on the site. However, the previous applicant was the “A Day on the Green” promoter [Roundhouse Entertainment]. This application seeks to invite any promoter at any date. The applicant needs to identify who the promoter will be and the nature of the concerts proposed.

Residents would like to be notified at least two weeks in advance of any concerts.

Ticket sales should not be open ended, they must be limited to 8000 and Council must be able to monitor this.

Objects to concerts being held over 2 days. If concerts are held over two days and no accommodation is available at the venue it is reasonable to expect increased traffic (vehicular and pedestrian) to and from the town centre. If each day is to constitute a completely different entertainment then it should be considered as two separate events. Approval should not be open ended but should be limited to a maximum of three years only so that compliance and impact may be monitored.

Council conditions are frequently not met or policed.

An alternative site would be preferable.

Reduction of property values of surrounding properties due to concerts.

Council should include controls for security measures at the venue in any approval.

Disregard for surrounding residents were demonstrated by previous promoters and it would appear that this application will be the same.

Council staff should not gain financially by getting free tickets to the concerts.

Precedent being potentially set for future DAs (e.g. emphasis the applicant has placed on the previous development consents for “A Day on the Green” concerts. These concerts started off as being “one offs” and then crept up to a 5 year approval with 4




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concerts per year. The DA is proposing events over 2 days with longer operating hours and 5 per year (effectively 10 events per year).

Comment

As previously discussed in this report, the potential for a number of different promoters being involved in events is an issue which would warrant a limitation on the duration of any consent in order to monitor event management. Council can include a condition of consent requiring that Council be advised of upcoming events so that residents can be advised by letter in advance (this was a condition of the previous approval).

Ticket sales are to be limited and evidence supplied to Council that this is the case (to be reinforced by a condition of consent).

It is considered that concerts should be limited to one day only rather than over a whole weekend given the level of disruption associated with events. Council conditions were enforced in previous consents.

A Council officer attended each event and was required to report on all aspects of the compliance. In addition to this noise reports providing details of each concert’s noise compliance were also required and submitted for review.

No staff gained free tickets for concerts. The promoter provided a single site pass so a staff member could undertake inspections of the event site and also come and go to check noise levels and traffic management.

The potential loss of property values for surrounding owners is not a consideration under Section 79C of the NSW Environmental Planning and Assessment Act, 1979.

With regard to precedent, it is true that the “A Day on the Green” concerts started with one off approvals and then were eventually granted a 5 year approval for 3 concerts per calendar year and later 4 concerts per calendar year. It is important to view this as potentially a longer term activity on the site, which would suggest ruling in or out a more suitable location on the site in terms of noise as a means of potentially managing this impact. Therefore, an assessment of the feasibility of other locations on the site is fundamental to the overall assessment and should be considered before the matter is determined.

Amenity

Venue is too close to residential area for this type of event. Venue is in a rural setting, people living in the residential area adjacent would not expect to have concerts at the adjoining winery.

Noise and traffic impacts on amenity, with traffic backed up along residential streets for kilometres due to previous concerts.

Given the noise and amenity impacts experienced with previous concerts, submissions recommend no more than two or three (or four per year separated by at least 3 months) per year instead of 5.

Amenity impacts as a result of locals not being able to safely use residential streets in and around Centennial Road for weeks due to traffic and lack of pedestrian facilities.




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Comment

The venue within the site is close to residential areas, the main impact resulting from this is noise. This has been discussed earlier in this report. Noise should be assessed upon submission of a noise report and consideration of an alternate location on site for the venue. It is agreed that the amenity impacts associated with the proposal warrant having the number of concerts limited to 2 – 3 per year.

Noise

Noise (from music and crowds) from traffic and concerts. Performances should only be held during daylight hours, the noise levels at night would be unacceptable within the surrounding residential area. Previously concerts have resulted in noise and disruption. Noise from the concerts is too loud. Noise volume must be controlled.

Sunday concerts are unreasonable as it is before a work/school day and cause loss of sleep. Concerts should end no later than 8.30pm. The previous approval times were for 4pm – 10pm this approval seeks from 2pm to 11pm without any commitment to set up and set down times. More specific information should be provided with respect of the proposed event dates i.e. is it potentially one weekend each month over 5 months? It can be assumed that the concerts may be crammed together over the summer months given the cold winters. What limit is in place? Windows rattling from noise in Merilbah Road until 11 – 12 at night, amplified music can be heard from the opposite end of Centennial Road and is irritating after a number of hours.

The concerts frequently go longer than planned.

The application does not include an up to date noise report for the following reasons:

a) The residential density of the adjoining area has increased since the previous concerts; and

b) The noise consultants for the “A Day on the Green” concerts had advised at the time that the noise levels specified in the consent could not be met.

A new report should be undertaken with up to date background noise levels for an area of at least .75 km from the site, stipulating the type of concerts held and the likely dates. Recommendations for the implementation of the noise study during concerts and the nomination of who will be responsible for this should be included in the report.

Comment

As previously discussed a noise report is required to fully assess the impacts of the proposal.

Traffic/Road Network/Pedestrian Issues

Traffic and car parking congestion. Traffic management must be in place to reduce the use of the eastern end of Centennial Road. At the applicant’s expense electronic road signs should be placed on the Hume Highway and Old Hume Highway to direct traffic from Sydney and Canberra to the western end of Centennial Road. Traffic wardens should be in place to ensure compliance with traffic restrictions.

The roads would require upgrading particularly the lower end of Centennial Road which receives heavy traffic. Centennial Road is only a two way weight limited residential road that is being asked to cater for up to 8000 visitors 5 times per year. Based on the total number of concerts proposed the roads would be expected to take




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in excess of 6000 cars and 225 buses per year. The existing roads are in poor condition and are not sufficiently maintained for existing traffic levels.

Footpaths to and from the site are either unmaintained inadequate or non- existent. Foot traffic would be required to cross Kirkham and Centennial roads without appropriate crossings. There are a range of existing commercial uses in this precinct and recreation facilities which generate pedestrian traffic, concerns about the existing access for pedestrians without the additional impact of the concerts. Safety concerns for all pedestrian users.

Inadequate street drainage.

Increased traffic will further damage local roads.

Comment

A Traffic Management Plan will be in place to control traffic in and around the event site. The plan includes the use of signage such as advance warning signs on the main approaches to the site including the Hume Highway.

The main damage to roads from events is from heavy vehicles such as trucks and buses rather than cars.

The above matters including condition of the road and potential damage to the road were considered by Council’s Engineers. The option of requiring a dilapidation report and bond as a condition of consent (particularly for Centennial Road) was considered. Council’s Asset Engineer inspected Centennial Road and has confirmed that:

“…there is no critical road furniture that may be damaged due to the event and therefore Council will not require any kind of bond and dilapidation report for the road”.

The proposed development is not going to impact on the existing drainage network, as no increased flows will be coming off the site.

No parking will be permitted along Centennial Road so as to minimise pedestrian traffic, in addition to this a shuttle bus will also be used to transport patrons from the towns to the site thereby avoiding pedestrian access.

Water Quality/Pollution/Drainage

Construction of additional hard stand areas for parking and other facilities will increase run off experienced at the lower end of Centennial Road and Kirkham Road.

Council conditions are frequently not met or policed (mud not cleaned up).

Numerous houses have been built since the previous concerts in the affected areas adjoining the venue.

Environmental damage due to previous concerts with mud being tracked from the site on the local streets, railway station and in town due to lack of wheel washing facilities. Concerts should be postponed or cancelled if the grounds are wet. Environmental controls must be in place and policed.

Comment

It is anticipated that events would be cancelled in extreme wet weather events as there is no alternative wet weather parking site. No additional hard stand areas are proposed in this application; therefore, no additional drainage from the site is anticipated.




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Bushfire Risk

Bushfire risk due to patrons potentially starting a fire with a dropped cigarette.

Comment

The application has been referred to the NSW RFS. The applicant has requested that the same conditions imposed on the “Tough Mudder” development consent apply to this application including conditions requiring the event to be cancelled on days of “Extreme” or “Catastrophic” Fire Danger. NSW RFS has not as yet supplied its comments/conditions for this application.

SUSTAINABILITY ASSESSMENT

Environment

The main environmental impacts associated with this proposal are noise and traffic. Traffic is considered to be manageable via implementation of the Traffic Management Plan and through potential by limiting the number of events. The noise issue has yet to be satisfactorily addressed.

Social

There are both positive and negative social issues associated with events at the site. Positive impacts include the potential for events that are not usually conducted in the Shire to occur here adding to the cultural and social life of the area. The negative social impact includes the impacts associated with intoxicated patrons (conditions from NSW Police address these impacts) and the impacts on those most affected by noise closest to the venue site.

Broader Economic Implications

There are broad economic benefits associated with events such as these as outlined in the comments from Council’s Manager, Destination Southern Highlands and Manager Economic Development.

Culture

The environmental heritage of the proposal has been considered within the report and is acceptable as outlined in the report.

Governance

The development application has been considered in accordance with WLEP 2010, the EP and A Act and any matters relevant to the development.

RELATIONSHIP TO CORPORATE PLANS

Operational Plan 2014-2017: OP:117 Provide development, building assessment and certifications services.

COUNCIL BUDGET IMPLICATIONS

The financial implication of Council’s decision in this matter is directly related to the legal implications. The possibilities are detailed as follows:




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Should the applicant choose to appeal a refusal by Council through the Land and Environment Court and lose, the question of cost with regard to Council’s legal representation would be determined by the extent of the reasons for refusal.

Should the applicant choose to appeal a refusal by Council through the Land and Environment Court and win, the question of cost would be dependent upon the extent of the reasons for refusal.

Should any person choose to take out Class 4 proceedings against Council to the Land and Environment Court and lose, the question of cost with regard to Council’s legal representation would be calculated at the appropriate time.

Should any person choose to take out Class 4 proceedings against Council to the Land and Environment Court and win, the question of cost would still be calculated at the appropriate time.

Should the applicant make no appeal, or proceedings not be taken out by another party, to the Land and Environment Court regardless of the determination, the application would result in no further financial implication to Council.

RELATED COUNCIL POLICY

There are policy implications for Council in respect to the use of the temporary use of land clause which is outlined in WLEP 2010 section of this report. If in future Council considers approving this application it is recommended that the application be limited in duration and in terms of the number of concerts.

OPTIONS

The options available to Council are:

Option 1

Defer the application pending the submission of a noise report and an assessment of the potential for another location for the venue within the site.

Option 2

Refuse the application (Council will be required to provide reasons for refusal).

Option 3

Approve the development application as per the special conditions mentioned in this report and Council’s standard conditions.

Option 1 is the recommended option to this report.

CONCLUSION

In conclusion, the application has not supplied sufficient information at this time for determination by way of approval; the applicant is not willing at this stage to submit a noise report nor to consider an alternate location, and is seeking a determination. There are positive benefits to the community from the proposed events but these benefits should also not be at the expense of those living closest to the site in terms of noise. Therefore, it is recommended that the application be deferred pending a noise report being submitted and an investigation into alternate locations on the site for the venue.




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The noise report should include assessment of the previous noise report, noise levels conditioned, monitoring results and outcomes. The report should also factor in new development in the vicinity.

Deferral is recommended.

ATTACHMENTS

1. Development Consent No 08/1186.01 for A Day on the Green Concerts

2. NSW Police Recommended Conditions

3. Water NSW Concurrence Conditions

4. NSW Rural Fire Service Recommended Conditions

5. Figure 1 - Subject Site and Locality Mark Pepping Deputy General Manager Corporate, Strategy & Development Services Friday 21 August 2015

AGENDA FOR THE ORDINARY MEETING OF COUNCIL Wednesday 26 August 2015


ATTACHMENT 1 Development Consent No 08/1186.01 for A Day on the Green Concerts

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Form 4 - Environmental Planning and Assessment Act, 1979

NOTICE TO APPLICANT OF DETERMINATION OF A DEVELOPMENT APPLICATION

TO: Anthea Newton

Roundhouse Entertainment 329 Montague Street ALBERT PARK VIC 3206

DATED: 5 June 2009 MODIFIED: 1 September 2009

PLEASE QUOTE THE DEVELOPMENT APPLICATION NUMBER IN ALL CORRESPONDENCE AND

UPON PAYMENT OF FEES, CHARGES & CONTRIBUTIONS

being the applicant in respect of Development Application No. DA 08/1186.01 Pursuant to Sections 80 (4) (c) and 96 (2) of the Environmental Planning & Assessment Act 1979 partial consent is granted and notice is hereby given of the determination by the Council, as the consent authority, of the Development Application relating to the land described as follows:-

PROPERTY: Lot 1 DP 435373, Lots 1 & 5A DP 16192 & Lot 1 DP 126196 - Centennial Road Bowral

ASSESS NO: 2580200009

OWNER: Windbelt Pty Ltd

Purpose of Development: "A Day on the Green" Outdoor Entertainment Pty Ltd Concerts at Centennial Vineyards, Five (5) Year Approval - in accordance with plans prepared by Applicant and any supporting Statement of Environmental Effects or other studies submitted with the Development Application except where amended by any conditions below. The Development Application has been:

Approved under the provision of Wingecarribee Local Environmental Plan 1989, subject to the conditions specified in this notice

The conditions of the consent and reasons for their imposition follow:

GENERAL – DEVELOPMENT CONSENT CONDITIONS 1. MODIFIED – 01/09/09

Approval under this consent is given for four (4) concerts per calendar year for a period of five (5) years, Council must be provided with the dates of upcoming concerts prior to the tickets being sold or the event advertised.

ATTACHMENT 1




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2. In accordance with details submitted with this application this consent relates to the operation of Outdoor Concert Events at Centennial Vineyards, from 4.00pm – 10.00pm.

3. A copy of the Public Liability Insurance shall be submitted to Council prior to commencement of

the event.

Traffic Management 4. Prior to the commencement of the event, a Transport Management Plan (including provision for

bus parking and a contingency plan for wet weather) and approval from the Police Service in accordance with the Guide to Traffic and Transport Management for Special Events for a Class 2 Event shall be submitted to Council. The Traffic Management Plan is to be submitted to Council at least one (1) month before the date of each concert including all relevant Roads and Traffic Authority approvals to the satisfaction of the Director Environment and Planning.

5. Traffic control at the gates on Centennial Road needs to minimise conflict with other traffic and

tickets need to be taken once vehicles have parked to avoid queuing and congestion at the gates.

6. A Road Occupancy Licence is required for any signage on classified roads such as Mittagong

Road (MR260). 7. Attendees from the Sydney direction shall be directed via the Old Hume Highway and the

western end of Centennial Road to use the western driveway and associated carparking and return the same way and the attendees using the eastern end of Centennial Road be directed to use the eastern driveway and associated carparking and return the same way.

8. The gravel driveway from the front gate to the first internal driveway (approximately 120 metres)

needs to be at least 7 metres wide to enable two lanes of traffic (including buses) to be maintained.

9. Pedestrians should be separated from the traffic and encouraged to walk a safe distance away

from the driveway. 10. “No Stopping” restrictions to be signposted on Centennial Road on the day of the event within

1.0 km to the west of the Centennial Winery entrance and up to Merilbah Road to the east to prevent patrons from parking on Centennial Road.

11. A lighting plan is to be submitted to Council for approval prior to the event being held. The

lighting plan is to make provision for pedestrians travelling between the venue and car park at night time, after the concert concludes at 10.00pm and provision for the traffic controllers and internal intersections.

NOTE: Considering the expected consumption of alcohol, adequate provision shall be made for overnight parking. Consideration should also be given to a road safety promotion involving Council’s Road Safety Officer and availability of adequate bus transport.

12. A dedicated pick-up and drop-off area must be provided for buses to the satisfaction of the

Director Environment and Planning with details to be provided prior to the next event with the Traffic Management Plan (ie, a minimum of one (1) month before the event). Such area must have good access to Centennial road and located so as to minimize conflicts with other traffic.




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Consideration needs to be given to pedestrian movements within the winery property and particularly within the car parks to minimize conflicts with vehicle movements.

13. A dedicated pick-up and drop-off area is to be provided for private vehicles and taxis, either on Centennial Road or close to Centennial Road to minimise conflicts and delays for vehicles dropping off and picking up passengers.

14. An adequate Police and / or security presence is required in the carpark area to prevent unsafe behaviour by motorists, particularly at the finish of the event.

15. Dedicated pedestrian areas are required in the carpark area and leading to the event to minimise conflicts with vehicular movements.

Food Requirements 16. Temporary food stalls must comply with the standards contained in the attached brochure

Requirements for the Operation of Temporary Food Stalls. The attached brochure shall be given to the manager of any food stalls.

17. Additional provision for waste receptacles and regular cleaning thereof shall be organised in

conjunction with the proposal.

Responsible Service of Alcohol 18. In the interest of public safety the organisers are to provide on-site breath testing facilities for

blood / alcohol levels. 19. The licensee must implement best practice strategies to minimise alcohol related harm, including

drink driving crashes in the Wingecarribee Shire Council area. The licensee must work with the Police Licensing Officer as well as the Wingecarribee Shire Council Road Safety Officer to ensure all bar staff are appropriately briefed.

20. Responsible Service of Alcohol Marshalls are to be provided as per the policy and standard approved by the NSW Office of Liquor Gaming and Racing.

21. Free drinking water must be available at all times and its availability promoted.

Noise Control 22. Signage shall be erected on site advising attendees to not create excessive noise when leaving

the venue, so as to respect the amenity of surrounding residences. 23. The Applicant must minimise wherever possible any adverse noise impacts on the local amenity

associated with the concert.

24. Noise criteria for the concerts are to be a maximum of LAeq – 65dB(A), LCmax – 90dB(C) when measured at the residential receiver locations as shown in the Benbow Environmental Summary Findings of Noise Management a Day on the Green Bowral dated March 2009, Report No 109058_Rep. Each event must be monitored by a noise consultant appointed by the applicant, agreed to by Council, with any breach of the limits notified immediately to the concert’s acoustic




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engineers with appropriate immediate adjustments made. Results of all monitoring are to be provided to Council within fourteen (14) days of the concert.

Waste Management

25. Sydney Catchment Authority The following are the requirements of the Sydney Catchment Authority with regard to Drinking Water Catchments Regional Environmental Plan No 1: (i) Toilets in the winery / restaurant are to be closed to concert patrons, with the exception of

VIP patrons (ie, those using the restaurant facilities) on the day of the concert to ensure that the treatment and disposal capacity of the existing wastewater management system is not exceeded.

(ii) The concert is to be fully serviced by portable toilets with the numbers hired for the day to

be in accordance with the supplier’s recommendations.

(iii) A pump-out truck is to be provided to service the portable toilets as required. Reason for Conditions (i) to (iii) – To ensure that wastewater management during the day of the event will have a sustainable neutral or beneficial effect on water quality. (iv) In the event of wet weather car parking for the general public is to be provided off-site with

patrons transported to the concert venue by bus.

Reason for Condition (iv) – To ensure that the holding of outdoor concerts at the venue will not adversely affect water quality, so as to ensure a sustainable neutral or beneficial effect on water quality over the longer term.




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Endorsement of Date of Consent: 5 June 2009 NOTES: 1. To ascertain the date from which this development consent operates, refer to Section 83 of the

Environmental Planning and Assessment Act 1979. 2. Development consent will lapse five (5) years after the date from which it operates. In the case

of staged development, consent will lapse five (5) years after the date from which it operates. (Refer Section 95 (2) of the Environmental Planning & Assessment Act 1979).

3. Section 97 of the Environmental Planning and Assessment Act 1979 confers on an applicant who

is dissatisfied with the determination of a consent authority a right of appeal to the Land and Environment Court exercisable within 12 months after receipt of this notice.

4. The approval granted by the Council does NOT consider nor negate or vary any private

easement, covenant or restriction. The owner is advised to investigate any encumbrance or restriction that may be noted on the title to the land.

5. All conditions on this consent have been imposed having regard to all matters listed for

consideration under Section 79C of the Environmental Planning & Assessment Act 1979. 6. An applicant may request pursuant to Section 82A of the Environmental Planning & Assessment

Act 1979 Council to review a determination of the application where that application is of a type referred to in that Section of the Act within twelve (12) months after receipt of this notice.

Date: 5 June 2009 Modified: 1 September 2009 Signed:

Kate Wooll Town Planner



ATTACHMENT 2 NSW Police Recommended Conditions

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ATTACHMENT 2



ATTACHMENT 2 NSW Police Recommended Conditions

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ATTACHMENT 3 Water NSW Concurrence Conditions

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ATTACHMENT 3



ATTACHMENT 4 NSW Rural Fire Service Recommended Conditions

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ATTACHMENT 4



ATTACHMENT 4 NSW Rural Fire Service Recommended Conditions

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ATTACHMENT 5 Figure 1 - Subject Site and Locality

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REPORT ACTING DEPUTY GENERAL MANAGER OPERATIONS, FINANCE & RISK

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12 OPERATIONS FINANCE & RISK

12.1 Request to Purchase, 86-90 Merrigang Street, Bowral

Reference: PN944200 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

PURPOSE The objective of this Report is for Council to consider its position in relation to a request made to Council to purchase the property known as 86-90 Merrigang Street, Bowral. This report contains information that, if disclosed, would confer a commercial advantage on parties with whom Council is conducting business. As such, it is recommended that the report be considered by Council in Closed Council.

RECOMMENDATION THAT the report concerning request to purchase 86-90 Merrigang Street, Bowral – Item 22.2 – be considered in Closed Council.

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.

ATTACHMENTS

There are no attachments to this report.




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12.2 Easement to Drain Water over Council Property, 162 Bowral Street, Bowral

Reference: PN7000, PN1789460 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 request Council to consider the grant of an easement to drain water over Council property at 162 Bowral Street Bowral (‘the Council property’), benefitting a newly constructed home at 22 Albert Street, Bowral (‘the adjoining property’).

RECOMMENDATION 1. THAT the General Manager be delegated authority to negotiate an agreement

with the owner of the adjoining property for the granting of the easement to drain water 2 metres wide over Council property known as 162 Bowral Street, Bowral in favour of 22 Albert Street, Bowral AND THAT it be noted that the compensation has been assessed at Five Thousand Dollars ($5,000.00) exclusive of GST.

2. THAT all costs of the granting of the easement to drain water referred to in

Resolution 1 above including compensation, surveying, legal and registration fees together with installation of two (2) pits, one within the property adjoining 162 Bowral Street, Bowral and one within the road reserve be paid by the owner of the adjoining property.

3. THAT it be noted that the compensation paid to Council by the owner of the

adjoining property for the granting of the easement to drain water of 162 Bowral Street, Bowral be paid toward the cost of a generic Plan of Management for the subject property and other community land with similar nature and function. .

4. THAT priority is given to drafting and adoption of the generic Plan of

Management referred to in resolution 3 above. 5. THAT the General Manager and Mayor be delegated authority to execute any

Agreement or Real Property Dealing under the Common Seal of the Council to grant the easement to drain water 2 metres wide over the Council property known as 162 Bowral Street, Bowral.




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REPORT

BACKGROUND

The Council property (being Lot 13 Section C DP 192732) was purchased by Council on 17 February 1961 from a private owner, pursuant to a Deed of Conveyance.

The Council Land is 4,064 square metres in area and is zoned RE1- Public Recreation. The Council Land is classified as “community” land. The Council Land is a Public Reserve which is unutilised as such; it is completely fenced off from the roads and adjoining properties and has been for at least 2 decades. Previous owners of neighbouring property and now the applicant, being the owner of the Adjoining property, mow the Council property.

On Wednesday 23 July 2014, Council considered a report requesting the granting of an easement to drain water over the Council property, to benefit a large parcel of privately owned adjoining land. It was resolved by Council as follows (CW 201/14):

1. THAT the Acting General Manager be delegated authority to negotiate an agreement with the applicant for the acquisition of the easement.

2. THAT it be noted that the compensation paid to Council for the granting of the easement to drain water of 162 Bowral Street, Bowral be paid toward the cost of a Plan of Management for the vacant community Council Land referred to in Resolution 1 above.

3. THAT priority is given to drafting and adoption of a generic Plan of Management for vacant Community Land including 162 Bowral Street, Bowral.

4. THAT the Acting General Manager and Mayor be delegated authority to execute any Agreement or Real Property Dealing to grant the easement under the Common Seal of the Council.

Following the above resolution, Council Officers were advised that an alternate path for the easement to drain water had been developed within the proposed subdivision and therefore the easement to drain water over the Council property was no longer required.

REPORT

The subdivision of the parent property was subsequently registered and several homes are now under construction or have been recently completed on the newly created lots.

One of the owners of a newly created lot in the subdivision has contacted Council Officers requesting that the easement to drain water be granted in their favour, to alleviate issues with inundation on their property, i.e. the Adjoining property.

The aerial map – Attachment 1 – shows the location of the Council property and the Adjoining property.

Attachment 2 to this report is the sketch from the surveyor for the owner of the Adjoining property showing the proposed easement to drain water which is two (2) metres wide on the eastern boundary of the Council property.

The owner of the Adjoining property has agreed to pay all costs to Council to grant the easement including:




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Compensation, as already assessed, for the grant of the easement to drain water;

Surveyors fees;

Registration costs to register the easement on the Title of both the Council property and the adjoining property;

Any other costs involved to finalise the easement;

Installation of a pit on the owner’s property and a pit in the road reserve.

As the Council property is classified as “Community” Land, the classification inhibits the change of use being changed until such time as a Plan of Management governing the Council Land specifically permits this use. Pursuant to the Local Government Act 1993 and under such classification:

1. Council may grant an easement (being referred to as an “estate”) to the extent permitted by the Act;

2. A Plan of Management must be prepared and adopted by Council authorising such estate before the easement can be granted;

3. The use and nature of the land must not be changed pending adoption of the Plan of Management.

Once a Plan of Management is adopted, authorising such an easement over the Council Land, negotiations could take place with the owner of the adjoining property for the granting of the easement which will burden the Council property.

There are a large number of Plans of Management that have been prioritised for significant Reserves and there are very few vacant community Council lots. One resolution to the issue that has previously been considered and approved by resolution is that the compensation monies paid for the granting of this easement will go toward the costs of preparation of a generic Plan of Management for such lots so it is completed as a priority. This would solve the issue for the applicant and relieve Council of a reasonable portion of the cost of the Plan of Management.

A Plan of Management can be prepared for a single property (specific or significant) or as in this instance for more than one parcel of land (Generic or Geographic). A generic Plan of Management is developed in order to provide consistency in the management framework across multiple sites and is useful in consolidating and updating community land with a similar nature and function i.e pocket parks, sportsgrounds, floral gardens etc. It is suggested that the compensation paid for the granting of the easement to drain water over the Council property be paid toward the cost of generic Plan of Management for the subject Council property and other community land with similar nature and function.

The Council property has been fully fenced off from the road for at least 20 years; for all intents and purposes, it appears to be a stand-alone lot, adjoining the newly registered residential subdivision off Albert Street Bowral. Given that the proposed easement is only 2 metres wide it does not have any significant impact on the value of the Council property if it is to potentially be considered for reclassification (from “Community” to “Operational Land”) and appropriately rezoned (R2 Low Density Residential). Further, the easement to drain water and its required pits (one in the road reserve, and one on the adjoining property) will provide the additional benefit of alleviating inundation on the Council property.




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IMPACT ON FIT FOR THE FUTURE PROPOSAL OUTCOME

One of the Key Improvement Strategies listed in Council’s Fit for the Future Proposal is:

Undertake a review of Council’s assets to gain a better understanding of utilisation rates

The Council property is one of Council’s assets, being an unutilised, fenced off, Public Reserve.

Future options for the use of the Council property were considered at a Briefing Session with Councillors on Wednesday 5 August 2015. Based on the direction given at the Briefing Session, the Council property will not be included in any future review of land for the Fit for the Future Proposal.

CONSULTATION

Community Engagement

Engagement with the community is not required as this is an administrative matter between Council as property owner and the owner of the adjoining property.

Internal Consultation

Nil

External Consultation

Owner of the adjoining property

Surveyors

Registered valuers


Environment

The Adjoining property is subject to a current easement to drain water (created by the registration of the new subdivision). To enable the flow of water to drain away from the adjoining property more freely, and with the additional benefit to Council of the Council property being drained more effectively, it is recommended that Council grant the easement to drain water over the Council property.

Social

There are no social issues in relation to this report.


There are no broader economic implications in relation to this report.

Culture

There are no cultural issues in relation to this report.




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Governance

There are no governance issues in relation to this report.


The valuation that was obtained by Council in relation to this matter, when previously considered, assessed compensation payable as Five Thousand Dollars ($5,000). The owners of the adjoining property have indicated that they will pay this compensation and any associated costs to have the easement to drain water granted in their favour.


Nil

CONCLUSION

As Council has previously resolved to grant the easement to drain water 2 metres wide over the Council property, the request by the owner of the adjoining property to proceed with the easement in their favour is recommended for approval.

Compensation as previously been assessed at $5,000 payable to Council for the grant of the easement. To expend an additional $880 to have the value of the compensation re-assessed only 12 months after the initial valuation will eliminate any potential ‘gain’ in value over the past 12 months. Therefore it is recommended that the easement be granted in exchange for $5,000 as per the 2014 valuation.

ATTACHMENTS

1. Aerial Map showing location of Council property and adjoining property

2. Sketch showing proposed Easement to Drain Water 2 metres wide



ATTACHMENT 1 Aerial Map showing location of Council Property and Adjoining Property

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ATTACHMENT 1



ATTACHMENT 2 Sketch showing proposed Easement to Drain Water 2 metres wide

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ATTACHMENT 2




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12.3 Mittagong Swimming Centre - Electrical Works Update

Reference: 6330/14.39 Report Author: Manager Projects & Contracts Authoriser: Acting Deputy General Manager Operations, Finance & Risk Link to Corporate Plan: Provide structure in the Shire to encourage physical

activities and enable access

PURPOSE To identify a funding source for electrical infrastructure works at the Mittagong Swimming Centre.

RECOMMENDATION 1. THAT the report in relation to the Mittagong Swimming Centre – Electrical

Works Update - be received and noted. 2. THAT Council endorse that an amount of $163,000 for electrical infrastructure

work at the Mittagong Swimming Centre is funded from the Capital Projects Reserve.

REPORT

BACKGROUND

At the ordinary meeting of Council held 22 July 2015, Council was advised of the unsatisfactory outcomes of a tender carried out to undertake Level 1 electrical works to upgrade supply to the Mittagong Swimming Centre. At that meeting Council resolved as follows:

THAT Council adopt the recommendations contained within the Closed report in relation to the Mittagong Swimming Centre – Electrical Update – Item 22.1, as follows:

1. THAT in accordance with clause 178(1)(b) of the Local Government (General) Regulation 2005, that Council decline to accept any of the tenders submitted.

2. THAT in accordance with clause 178(3)(e) of the Local Government (General) Regulation 2005, Council enter into direct negotiations with suitably qualified and experienced contractors, with the view to entering into a contract to complete the necessary electrical works within the required timeline, specifications and the allocated budget AND THAT the General Manager have authority to negotiate and execute the required contract on behalf of Council.

3. THAT in accordance with clause 178(4)(a) and (b) of the Local Government (General) Regulation 2005 the reasons for declining to invite fresh tenders or to enter into negotiations with South West Power Pty Ltd are as follows:




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(a) Council has only received one tender submission which is not assessed as offering the required value for money and the tendered price significantly exceeds the allocated budget.

(b) The very limited interest shown by contractors in the initial tender, the tight time constraints to complete these works to facilitate the opening of the pool at the required time, and the lack of a competitive tender.

(c) Additional information has been received that indicates that a cost effective outcome can be achieved via direct negotiation with interested contractors.

REPORT

Council has now been able to obtain quotations for both the Level 1 and Level 2 electrical works to be carried out to upgrade the power supply to the Centre.

Project Quotations

Following rejection of the tender Council approached four (4) Level 1 accredited contractors to provide quotations for the works and the submissions ranged from $83,890 - $114,900 (GST exclusive), which is significantly lower than the single tender price submitted.

Council also obtained quotations for the works to connect the new substation (Level 1 work) to a new main switchboard on the site. The three (3) prices submitted for this work ranged from $64,293 - $86,268 (GST excl).

Therefore the recommended expenditure for the upgrade of the electrical services to the site is as follows:

Level 1 works (Street to substation): $ 83,890.00

Level 2 works (Substation to Centre): $ 64,293.00

Contingency 10%: $ 14,818.30

Estimated total (say): $163,001.30


There is no impact upon Fit for the Future predications.

CONSULTATION


Nil


Deputy General Manager Operation, Finance & Risk


Design Consultant, Electrical Contractors




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Environment

There are no environmental issues in relation to this report.

Social

The Mittagong Swimming Centre is an important community facility and modernisation and upgrade of the facility has been necessary.

This upgrade has also required the upgrade of associated infrastructure to service the site.



Culture


Governance



It is recommended that the funding for these works is obtained from the Capital Projects Reserve.


Nil.

OPTIONS

The option available to Council is:

Option 1

Undertake the required works to upgrade the electrical supply to the Centre. It should be noted that the Centre will be delayed in opening this summer while these works are completed. There are no other Options for consideration by Council.


CONCLUSION The Mittagong Swimming Centre was an aging facility and it was in need of major upgrades to modify the Centre. The upgrade of the electrical supply infrastructure for the Centre is necessary to provide certainty for the electrical supply to the site.




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ATTACHMENTS




REPORT DEPUTY GENERAL MANAGER OPERATIONS, FINANCE & RISK

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12.4 Investment Report as at 31 July 2015

Reference: 2104 Report Author: Management Accountant 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 July 2015.

RECOMMENDATION THAT the information on Council’s Investments as at 31 July 2015 be received and noted.

REPORT A list of Council’s investments as at 31 July 2015 has been included in Attachment 1. All Investments have been made in accordance with Section 625 of the Local Government Act 1993, the Regulations and approved Ministerial Investment Orders. It is noted that Council officers are undertaking a review of Council’s Investment Policy and will report back to Council on the proposed changes to the investment portfolio parameters. All investments are approved under Council’s Investment Policy and Ministerial Investment Orders. Interest received from investments for the month totalled $218,186 as at 31 July 2015.

ATTACHMENTS

1. Investment Report as at 31 July 2015


12.4 Investment Report as at 31 July 2015 ATTACHMENT 1 Investment Report as at 31 July 2015

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ATTACHMENT 1



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12.5 Bowral Distributor Road - Project Management Tender

Reference: 6330/15.6 Report Author: Manager Projects & Contracts Authoriser: Manager Organisational Development Link to Corporate Plan: Council actively facilities and supports the coordinated use

of existing public and private facilities to ensure equitable access

PURPOSE To discuss a preferred consultant from an open tender for the provision of Project Management services for the design and construction of the Bowral Distributor Road.

RECOMMENDATION THAT Council adopt the recommendations contained within the Closed report in relation to Bowral Distributor Road – Project Management Tender – Item 22.3. OR THAT the report concerning Bowral Distributor Road – Project Management Tender - be considered in Closed Council – Item 22.3.


REPORT

BACKGROUND Council’s Projects & Contracts Section is currently involved in an extensive list of projects. Projects currently under development are listed as follows:

Bowral Distributor Road: Design & Construction - $9.5M

Berrima Road Deviation: Design & Construction - $9.2M

Bowral STP Upgrade: Design & Construction - $22.8M

Moss Vale STP Upgrade: Design & Construction - $24.5M

Welby Hockey Field Stage 2: Construction - $1.0M

Mittagong Swimming Centre Upgrade: Construction - $3.2M

$70.2M




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Due to the volume of projects that are under development in Council’s Projects and Contracts Section at the moment it is necessary to outsource the project management of Bowral distributor road project.

Council has advertised by open tender for suitably qualified and experienced consultants to take over the project management of the Bowral Distributor Road. The project management of the project will require tenders for the design development and also construction of the projects and the supervision of these contracts.

REPORT

This report is referred to Closed Committee in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)d(ii) as it contains information that would, if disclosed, confer a commercial advantage on a competitor of the council and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

CONCLUSION

It is advised that the tenders have been assessed in accordance with the predetermined selection criteria. The tender brief and details of the assessment are available on the tender file. If requested, the file can be made available to Councillors, but all information should be considered “Commercial in Confidence”.

ATTACHMENTS





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12.6 Robertson Sewerage Scheme - Bowling Club Sewer Connection

Reference: 7650 Report Author: Manager Projects & Contracts Authoriser: Manager Organisational Development Link to Corporate Plan: Conserve the key natural resources of the Shire water

catchments, arable land, key wildlife corridors, vegetation and scenic landscapes

PURPOSE To describe issues surrounding the provision of a sewer connection for the Robertson Bowling Club and seek direction from Council on the matter.

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 information that would, if disclosed, confer a commercial advantage on a competitor of the council and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

RECOMMENDATION THAT the report concerning Robertson Sewerage Scheme – Bowling Club Sewer Connection - be considered in Closed Council – Item 22.4.


REPORT

BACKGROUND The Robertson Bowling Club owns a total of five (5) lots around the Club site as indicated in Figure 1 below. The lots are described as Lot 1 DP 256442 and Lots 7, 8, 9 & 10 DP 758882. AJ Lucas (the construction contractor) did not provide the Club with a suitable sewer connection point to service the Club and simply provided a connection point in Lot 7 which they believed would service the entire Bowling Club site. Under the contract for provision of connection points, AJ Lucas were to provide a connection point within the lot to be serviced with sufficient depth to allow the site to




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connect. The provision of a connection point did not meet either of these requirements for the Club building. AJ Lucas acknowledged that they had not serviced the site in accordance with the contract and proposed a solution for a connection from Yarranga Street, which satisfies the requirements of the contract, at a quoted cost of $12,808.00 (GST excl). The value of this work was retained from the final payment to AJ Lucas and would be available to provide funding to the connection works. This solution will involve significant works having to be undertaken by the Club to connect to the sewer as the existing sanitary drainage on the site drains to the septic on the eastern side of the Clubhouse. The works would also involve deep excavation as the connection point has to be sufficiently deep to permit the connection of the site.

It has now been over two (2) years since Council provided permission for property owners to connect to the Robertson Sewerage Scheme.


There is no impact upon Fit for the Future predications.

ATTACHMENTS

There are no attachments to this report. John Burgess Acting Deputy General Manager Operations, Finance & Risk Friday 21 August 2015



REPORT GENERAL MANAGER

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COUNCIL MATTERS

14 GENERAL MANAGER

14.1 Annual Hill Top RFS Garage Sale Fundraiser

Reference: 1732/3 Report Author: Organisational Support Officer Authoriser: General Manager Link to Corporate Plan: Increase community inclusion, cohesion and social

interaction

PURPOSE The purpose of this report is to seek Council’s support of the Annual Hill Top RFS Station Garage Sale Fundraiser to be held on 12 and 13 September 2015.

RECOMMENDATION THAT Council supports the Hill Top RFS Garage Sale Fundraiser by donating a maximum of $500 towards garbage disposal costs.

REPORT

BACKGROUND

The Hill Top Rural Fire Service (RFS) conducts an annual garage sale to raise funds for the purchase of equipment not supplied by Fire Control. The Hill Top community is asked to donate their unwanted goods to be sold. Unfortunately, some use this opportunity to also dump their unwanted garbage despite best efforts of the RFS to screen donations. In past years despite the success of the weekend event they have been forced to use a significant portion of the raised funds to dispose of the dumped garbage.

REPORT

The Hill Top RFS will conduct their Annual Fundraising Garage Sale over the weekend of 12 and 13 September 2015.

At the end of the sale, the leftover items are distributed as follows:

Magazines are taken by a book shop.

Books, CDs, records and videos are distributed between nursing homes, schools and schools overseas that cannot afford to purchase books.

The scrap metal man takes anything with metal and glass in it.

Father Riley’s opportunity shop takes all bric-a-brac and small furniture.

As previously noted some people use this opportunity to also dump their garbage and its disposal presents a costly problem for the fundraisers.




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The RFS has requested Council’s assistance in dealing with the cost to dispose of the garbage at the RRC up to an amount of $500.

The Contingency Fund has been identified as being a suitable source for the donation, which currently has a balance of $24,045.50.

Council’s assistance to the Hill Top RFS Annual Garage Sale in the amount of $500 would leave a balance of $23,545.50 remaining in the 2015/16 Contingency Fund.


A decision by Council to support the Hill Top RFS request will have no impact on the outcome of Council’s Fit for the Future Proposal.

CONSULTATION


Hill Top Rural Fire Service


The Resource Recovery Centre Operations Supervisor


Fast Skips Recycling


Environment

The RFS cannot supervise the donation of goods on a 24 hour basis and so the dumping of garbage by opportunistic people is inevitable. The garbage then represents both an eyesore as well as a health hazard which leaves the RFS with no option than to pay to have it disposed of in the appropriate manner.

Social

The Annual RFS Fundraising Garage Sale is a way for Hill Top residents to come together to support their community and foster community spirit at the same time as providing a vehicle to recycle unwanted possessions. Unfortunately, due to the actions of some opportunistic residents the RFS are left with the bill to dump the additional garbage.



Culture


Governance





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The Contingency Fund has been identified as an appropriate funding source with sufficient resources to cover Council’s proposed donation for the RFS Annual Fundraising Garage Sale.

The approximate monetary value of Council’s contribution towards this event is estimated to be $500.


The proposal is consistent with the guidelines of Council’s Advertising and Sponsorship Policy.

OPTIONS


Option 1

That Council supports the Hill Top RFS Annual Garage Sale Fundraiser by donating funds to a maximum value of $500.

Option 2

Council does not support the Hill Top RFS Annual Fundraising Garage Sale.


CONCLUSION

The Annual Hill Top RFS Garage Sale raises much needed funds for the purchase of equipment not supplied by Fire Control to local Rural Fire Stations. It is also a way for the community of Hill Top to come together to support itself by supporting their local RFS Station with its readiness efforts for Fire Season.

By providing the necessary funds to dispose of the additional dumped garbage properly, Council will ensure that the money raised by the Hill Top RFS Annual Garage Sale is used for its intended purpose rather than to dispose of others unwanted rubbish.

ATTACHMENTS





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14.2 Proposed Community Engagement Approach for Special Rate Variation - Investing in our Future

Reference: 200/11, 5704/26 Report Author: Integrated Planning & Reporting Coordinator Authoriser: General Manager Link to Corporate Plan: Ensure the implementation and review of Wingecarribee

2031+, and plan by continuing engagement with the community

PURPOSE This report seeks Council’s consideration and adoption of a proposed community engagement approach for the Special Rate Variation – Investing in our Future project.

RECOMMENDATION THAT Council endorse the proposed approach to and commencement of the engagement process for a Special Rate Variation commencing in 2016/17 consistent with Council’s Fit for the Future Improvement Proposal.

REPORT

BACKGROUND On 10 September 2014 the NSW Government released its response to the Independent Local Government Review Panel’s Final Report through its reform program, Fit for the Future. Under this reform NSW councils were required to assess their current position and submit a proposal demonstrating how they will become Fit for the Future. To achieve Fit for the Future benchmarks Council proposed a number of key improvement strategies. One of the key strategies from Council’s Fit for the Future Improvement Action Plan is an application to the Independent Pricing and Regulatory Tribunal (IPART) for a Special Rate Variation (SRV).

An SRV application will form part of Council’s broader long term financial sustainability approach. This approach is based on the premise that achieving long term financial sustainability will rely on council improving revenue streams, continuing to achieve organisational efficiencies and consideration of services and service levels.

REPORT

Before Council can further consider applying for or submitting an SRV application to IPART, including determining the most appropriate and acceptable percentage increase, it is important to undertake an extensive community engagement program with the community.




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The community engagement principles which will be central to the proposed engagement approach for an SRV application include:

- Community engagement will be open, transparent and underpinned by fact so the community can make an informed decision

- Community engagement will be genuine and seek to illicit the views from a broad and representative cross section of the community

- Community engagement will be reliable and accessible utilising a variety of community engagement tools to provide a range of opportunities for input and feedback

- Community engagement will involve regular feedback to the community and Council on the outcomes of each engagement phase.

The following multiphase community engagement approach is proposed for Council’s SRV process which will be titled ‘Investing in our Future’. It is critical that this conversation commence immediately in order for Council to meet the timeframes specified by IPART. It is anticipated that the Office of Local Government will release its Special Rate Variation Guidelines 2016/17 in October 2015 however based on previous years it is assumed that Council will need to notify its intent to apply for a Special Rate Variation by December 2015 and submit an application in February 2016.

Phase Purpose Timeframe How Who

Phase 1

Asset Survey

To seek feedback from the community on Council’s asset management approach and further test assumptions on which Council’s Fit for the Future Improvement Proposal was based. This research will be undertaken by an independent third party

End August – September 2015

Telephone Survey. Participants will be provided with information in relation to Council assets prior to participating in this survey.

Representative sample of 600 residents will be recruited to participate in this survey.

Phase 2

SRV Engagement & Community Awareness

To provide information to residents about the proposed SRV and seek their feedback and level of acceptance towards the proposed scenarios.

October 2015

Information sheets sent to all households and non-resident ratepayers

Random telephone survey undertaken by independent third party

On-line and print survey

All residents and non-resident rate payers

Random representative sample of 400 residents for telephone survey

The second survey will also be undertaken by an independent third party.




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Phase Purpose Timeframe How Who

Variety of engagement opportunities including kiosks, information sessions for community to seek further information and provide feedback

Promotion in local media and social media

Phase 3

Exhibition of revised draft Delivery Program & Resourcing Strategy

Public exhibition of revised draft Delivery Program and Resourcing Strategy including SRV scenarios

December 2015 to end January 2016

Public exhibition

All residents

Through the engagement process for ‘Investing in our Future’ the outcomes and feedback received from the community will be used to inform the subsequent phases of engagement. Council will provide feedback to community and Councillors via Council reports, provision of information on Council’s website and via media releases where appropriate. Council’s online consultation hub can be found at www.yoursaywingecarribe.com.au.


This report is a direct response to Council’s Fit for the Future Improvement Proposal and aims to commence a key strategy from Council’s Improvement Action Plan “Apply to Independent Pricing and Regulatory Tribunal (IPART) for a Special Rate”.

CONSULTATION


Council has undertaken extensive community engagement for its Integrated Planning and Reporting documents, including its Delivery Program, Resourcing Strategy and Operational Plan and Budget. More recently Council has held information sessions related to its Fit for the Future Improvement Proposal and undertaken a Community Satisfaction Survey.

http://www.yoursaywingecarribe.com.au/




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Over the next six months Council will need to undertake more specific community consultation in relation to the proposed SRV and including community engagement process for the Delivery Program, Resourcing Strategy and Operational Plan.


Councillors and Council staff will be regularly engaged throughout the “Investing in our Future” project, this includes regular Councillor Briefing Sessions, Council Reports and staff information sessions and updates.

Councillors have been briefed on the proposed engagement approach.


Wollondilly Shire Council

Eurobodalla Shire Council

Micromex Research Pty Ltd

IPART


Environment


Social

Ensuring genuine community engagement underpins Council’s decision making regarding the proposed SRV application will contribute to a sense of community empowerment in the future of the Shire.



Culture


Governance

The proposed community engagement approach will align Council’s IP&R elements and resource allocation with community expectations.


The proposed community engagement approach will be delivered utilising a mix of in-house and external expertise. To ensure the integrity of the engagement a budget of $55,000 is required for engagement activities. Further details will be provided in the September quarter Budget Review.




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The community engagement approach outlined in this report is consistent with Council’s adopted Community Engagement Policy.

OPTIONS


Option 1

Approve the engagement approach as detailed in this report. The approach proposed is consistent with other successful SRV engagement approaches. IPART has advised that an SRV application must demonstrate genuine and sustained community engagement.

Option 2

Adopt a more streamlined engagement approach. Council should be aware that the approach proposed in this report is considered an engagement ‘baseline’. Any less engagement could undermine the credibility of Council’s SRV application.

Option 1 is the recommended option.

CONCLUSION

Council’s Fit for the Future submission detailed the development of an SRV application as a key strategy in delivering financial sustainability. An SRV application must demonstrate genuine community engagement. This report outlines a proposed approach to community engagement underpinned by the principles of:

- Community engagement will be open, transparent and underpinned by fact so the community can make an informed decision

- Community engagement will be genuine and seek to illicit the views from a broad and representative cross section of the community

- Community engagement will be reliable and accessible utilising a variety of community engagement tools to provide a range of opportunities for input and feedback

- Community engagement will involve regular feedback to the community and Council on the outcomes of each engagement phase.

ATTACHMENTS





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14.3 Kaifeng - Sister City Relationship

Reference: 103/7 Report Author: Deputy General Manager Corporate, Strategy &

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


PURPOSE To advise Council of correspondence received from representatives from Kaifeng Municipal Government, China seeking endorsement of a visit by Kaifeng representatives to Wingecarribee Shire in November 2015.

RECOMMENDATION THAT Council write to the Mayor of Kaifeng City noting Council’s previous resolution not to renew the sister city agreement AND THAT due to the current reforms being undertaken in Local Government in NSW, Council is not in a position to host Kaifeng representatives.

REPORT

BACKGROUND

On 18 October 2007, Council formalised by way of written agreement a 5 year sister city relationship with Kaifeng City, Henan Province, in the People’s Republic of China. This relationship resulted in a number of cultural exchanges between the two governments, including visits by delegations of each government to the other. This agreement expired on 17 October 2012.

On 13 February 2013, Council considered a report on whether to continue with the sister city program and the formal relationship with Kaifeng Municipal Government, China. Following consideration of the report, Council resolved as follows:

1. THAT Council write to Kaifeng City noting that Council will not be renewing the sister city agreement, and thanking Kaifeng for the cultural exchange and fellowship that has resulted from the relationship.

2. THAT the budget for the Sister City Relationship be re-allocated back into Council’s General Fund.

REPORT

The Mayor received an email on 10 August 2015 from Kaifeng City where a suggestion for the Mayor to consider a visit from Kaifeng representatives to Wingecarribee Shire in early November 2015. The email states that the aim of the visit is to resume friendly relations with costs borne by Kaifeng.




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Council staff noted in the previous report to Council on this matter in February 2013 there was an increasing likelihood of a restructure in NSW Local Government in the near future. For that reason, it was submitted that consideration of any further long-term relationships, in particular with inter-state or international towns or cities, may not be timely. That likelihood has now become reality and October 2015 is when it is expected the State Government will announce its decisions on ‘Fit for the Future’ proposals as submitted by local councils across NSW. There is considerable uncertainty at this point in time as to what the final outcomes and announcements may be come October this year.

Further there are local council elections due in September 2016. The current council when elected in 2012 resolved in February 2013 to discontinue the sister city relationship. If there is to be any further consideration of a sister city relationship in the future and with who that may be, it is something that the elected Council in 2016 should have the responsibility to decide going forward.


Re-establishing a city sister relationship with Kaifeng or any other international local government body at this time is not considered to be consistent with Council’s Fit for the Future (FFF) Proposal.

In preparation of the FFF Proposal, Council staff identified a myriad of priority strategies to be undertaken to ensure Wingecarribee Shire Council can continue to provide community services and programs which will deliver efficiencies and ensure Council provided infrastructure meets community needs and expectations. Establishing a sister city relationship was not identified as a means of achieving this.

Further, by entering into a relationship which would involve overseas deputations of elected councillors and senior council staff a substantive budget would be required which would deny works being completed on local infrastructure and services at a time when Council is reviewing its current fiscal constraints.

CONSULTATION


No community engagement has been undertaken in relation to this matter.


Council’s Executive and senior management staff discussed the matter.


No external engagement has been undertaken in relation to this matter.


Environment


Social





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An appropriate management of the relationships developed from the sister city program may result in positive economic consequences for the Shire.

Culture

The opportunities for cultural exchange as a result of the sister city program are many, but have in the past been hindered by a lack of budget funds and the geographic distance between Kaifeng and Wingecarribee.

Governance



Council currently has no allocated budget for re-establishing a sister city relationship having resolved to discontinue the program in the 2012/2013 financial year.


There is no current Council Policy related to this matter. It is noted that the previous Agreement between Kaifeng City and Wingecarribee Shire expired on 17 October 2012.

OPTIONS


Option 1

Council write to the Mayor of Kaifeng City, China respectfully declining to be part of any visit by them in November 2015 due to reasons as outlined in the report.

Option 2

Direct Council staff to re-engage in a sister city relationship with Kaifeng City and agree to the visit from Kaifeng to Wingecarribee Shire in November 2015, with the possible expectation of a reciprocal visit by Wingecarribee to Kaifeng in 2016.


CONCLUSION

Council in 2013 considered the future of its relationship with Kaifeng City, China and resolved not to renew the relationship Agreement. With the current on-going review of Local Government in NSW and the uncertainty at this point in time, it is clear the timing to consider re-establishing any relationship or investigating a new sister city relationship is not appropriate.

Consequently, Council would not be agreeing to the visit or being part of any visiting delegation to the Shire should it still proceed by Kaifeng City.




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ATTACHMENTS





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14.4 Request for Leave of Absence - Clr Graham McLaughlin

Reference: Pers Report Author: PA for Mayor / Administration Team Leader Authoriser: General Manager Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Reporting on a request from Councillor Graham McLaughlin for leave of absence

RECOMMENDATION THAT Councillor Graham McLaughlin be granted leave of absence from all Council commitments on Wednesday, 26 August 2015, including the Ordinary Meeting of Council and Council Briefing Sessions to be held that day.

REPORT

Councillor Graham McLaughlin has written to Council on 19 August 2015 advising that he is seeking leave of absence, for personal reasons, from the Ordinary Meeting of Council to be held on Wednesday, 26 August 2015, and including all Briefing Sessions also to be held that day.


Not applicable


Environment


Social




Culture





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Governance

The Local Government (General) Regulation 2005 – Section 235A Leave of Absence – states as follows:-

(1) A Councillor’s application for leave of absence from Council meetings should, if practicable, identify (by date) the meetings from which the Councillor intends to be absent.

(2) A Councillor who intends to attend a council meeting despite having been granted leave of absence should, if practicable, give the general manager at least 2 days’ notice of his or her intention to attend.

COUNCIL BUDGET IMPLICATIONS There are no Budget implications in relation to this request.

RELATED COUNCIL POLICY There are no Policy implications in relation to this report.

OPTIONS


Option 1

Grant the leave of absence

Option 2

Do not grant leave of absence

CONCLUSION

That Councillor Graham McLaughlin be granted the requested leave of absence

ATTACHMENTS





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14.5 Staff Matter

Reference: Pers Report Author: General Manager Authoriser: General Manager Link to Corporate Plan: Provide opportunities to participate in futures thinking and

nurture ideas

PURPOSE The purpose of this report is to address a staff matter in Closed Council.

RECOMMENDATION THAT the report addressing a staff matter be considered in Closed Council – Item 22.1.


REPORT

This report contains information that deals with a personnel matter relating to a particular individual (who is not a councillor). As such, it is recommended that the report be considered by Council in Closed Committee pursuant to sections 10A(2)(a) of the Local Government Act 1993.

ATTACHMENTS





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14.6 Legal Affairs

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


PURPOSE Reporting the ongoing management of legal issues since last reported to Council on 22 July 2015.

RECOMMENDATION 1. THAT the status of the legal affairs involving Council be considered in Closed

Council – Item 22.5. 2. THAT the information relating to ongoing legal costs in Attachment 1 to the

report be noted.


REPORT This report updates the current status and costs paid during July 2015 of legal proceedings involving Council and advice obtained by Council, including those matters completed since the last report to Council. Legal proceedings involving Council and legal advice obtained by Council are confidential and attract legal professional privilege. Therefore, their status is reported in a closed report.

REPORT On 17 April 2013, Council resolved: THAT the legal costs as detailed in the Legal Affairs Report be made public in the Business Paper on an ongoing basis.

The report on the status of legal affairs involving Council contains information and advice that is privileged on the ground of legal professional privilege and contains information that, if disclosed, could confer a commercial advantage on parties with whom Council is conducting business (including opposing parties in litigation). Therefore, it is recommended that the report be considered by Council in Closed Committee pursuant to sections 10A(2)(c) and 10A(2)(g) of the Local Government Act 1993.




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For the purpose of preserving privacy, some matters in Attachment 1 have been described in general terms. Should any Councillor have a specific enquiry regarding the costs reported, they should raise it in Closed Council.

CONSULTATION

Community Engagement There was no community engagement in the matters reported.

Internal Consultation Staff and management provide information, as required, to assist the progress of the matters reported and General Counsel reviews and provides instructions, as necessary, on various aspects of the matters reported.

External Consultation Solicitors from Council’s Legal Panel provide advice and conduct legal proceedings on Council’s behalf.


Environment

There are no environmental issues in relation to this report. However, some legal proceedings may deal with unauthorised works or activities which have had or could have an environmental impact.

Social




Culture


Governance

There is a strong community expectation in relation to enforcement and compliance actions of Council. Actions taken are in line with Council’s Compliance and Enforcement Policy.




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COUNCIL BUDGET IMPLICATIONS There are ongoing legal expenses relating to legal proceedings involving Council and legal advice obtained by Council. Attachment 1 shows the legal costs paid by Council during the month of July 2015 and, for those matters only, in the previous 2014/2015 financial year and for the life of the matter.


Council’s Compliance and Enforcement Policy.

ATTACHMENTS

1. Legal costs July 2015 Ann Prendergast General Manager Friday 21 August 2015


14.6 Legal Affairs ATTACHMENT 1 Legal costs July 2015

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ATTACHMENT 1

July 2015 YTD MATTER 2014/2015 LIFE

$ $ $ $ Court Proceedings

67,765.50 67,765.50 WSC ats Alcide DeAngelis (Court of Appeal) 119,613.53 390,532.34

3,426.99 3,426.99 Fenwick v WSC & Other (LEC) 1,506.72 4,933.71

12,596.06 12,596.06 Resource Recovery proceedings (Council’s share) 45,966.26 67,096.47

$89,462.60 – Total legal fees for July 2015 $665,303.83 - Total legal costs paid from 1 July 2014 to 30 June 2015 $725,279.77 – Total legal costs paid from 1 July 2013 to 30 June 2014



COMMITTEE REPORTS

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18 COMMITTEE REPORTS

18.1 Minutes of the Finance Committee Meeting held on Wednesday, 19 August 2015

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, 19 August 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION FC 16/15

Council adopt the expenditure revotes and approve their inclusion in the 2015/16

Council approve the transfer of $1,573,923 to the expenditure revotes reserve

Council approve the transfer of $30,677 to the water reserve

Council approve the transfer of $97,334 to the sewer reserve FC 17/15

The changes to the Water and Sewerage access charges be endorsed and placed on public exhibition from 24 August 2015 to 20 September 2015

FC 18/15

Council note and write off rates and charges outlined in the report totaling $1,776,777.83 for the 2014/15 financial year

FC 20/15

The Finance Committee recommend to Council to accept the proposed course of action as detailed by the General Manager and the 2014/15 year end surplus be transferred to the Employee Leave Entitlement Reserve as part of the year end results against Budget.

RECOMMENDATION THAT recommendations Nos FC 13/15 to FC 22/15 – as detailed in the Minutes of the Finance Meeting held on Wednesday, 19 August 2015 be adopted.



COMMITTEE REPORTS

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ATTACHMENTS

1. Minutes of the Finance Committee Meeting held on Wednesday, 19 August 2015



ATTACHMENT 1 Minutes of the Finance Committee Meeting held on Wednesday, 19 August 2015

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ATTACHMENT 1




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COMMITTEE REPORTS

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18.2 Minutes of the Economic Development & Tourism Committee Meeting held on Tuesday, 11 August 2015

Reference: 107/24 Report Author: Administration Officer Authoriser: Manager Economic Development Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE This report provides the Minutes of the Economic Development & Tourism Committee Meeting held on Tuesday, 11 August 2015.

SUMMARY OF RECOMMENDATIONS REQUIRING COUNCIL ADOPTION Nil

RECOMMENDATION THAT recommendations Nos ED&TC 15/15 to ED&TC 23/15 – as detailed in the Minutes of the Economic Development & Tourism Committee Meeting held on Tuesday, 11 August 2015 be adopted, save for any items which have budgetary implications AND THAT action on any item with budgetary implications be delayed, pending consideration by the Finance Committee.

ATTACHMENTS

1. Minutes of the Economic Development & Tourism Committee Meeting held on Tuesday, 11 August 2015



ATTACHMENT 1 Minutes of the Economic Development & Tourism Committee Meeting held on Tuesday, 11 August 2015

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ATTACHMENT 1




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NOTICES OF MOTION

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20 NOTICES OF MOTION

20.1 Notice of Motion 37/2015 - Lot 12 Range Road, Mittagong

Reference: PN1727550 Report Author: Administration Officer Authoriser: Acting Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Councillor Garry Turland has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 26 August 2015: THAT Council reinforce resolution CC 25/12 passed and moved by Clr McLaughlin and seconded by Clr Arkwright at the Ordinary Meeting of Council on 24 July 2012:

“1. THAT the report of Council’s Legal Officer concerning alleged earthworks and tree removals on Lot 11, DP 1010798 and adjoining properties be noted.

2. THAT Council delegate to the General Manager authority to pursue a

prosecution of the landowners and/or any other person(s) or corporation(s)/companies found to be involved in relation to the unauthorised removal of trees on Lots 11 and 12 in DP 1010798 and Lot 4 in DP 878237.”

RECOMMENDATION

Submitted for determination.

COMMENT FROM STAFF Council’s Legal Panel Solicitor will address Council on this matter in Closed Council at the Council Meeting of Wednesday, 26 August 2015.



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20.2 Notice of Motion 38/2015 - Report of Judgment of Lot 11 Range Road, Mittagong

Reference: 502/91, PN1727540 Report Author: Administration Officer Authoriser: Acting Group Manager Corporate & Community Link to Corporate Plan: Ensure systems and processes are in place to achieve


PURPOSE Councillor Garry Turland has given notice that it is his intention to move the following motion at the Ordinary Meeting of Council on 26 August 2015: 1. THAT Council staff report to open Council the judgment of Lot 11 Range Road,

Mittagong. 2. THAT Council staff report the final cost on this action and Council cost recovery

action to commence immediately.

RECOMMENDATION

Submitted for determination.

PREAMBLE The Land and Environment Court documents of this judgment are available on the Court’s web page to the public to view.

COMMENT FROM STAFF The outcome of this matter will be part of the normal monthly Legal Affairs report which is considered in Closed Council. The outcome of any proceedings within the Land and Environment Court is available on the Court’s website. Costs in relation to this matter have been reported to Council and will continue to be reported to Council as and when they are incurred.



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22. CLOSED COUNCIL

MOVING INTO CLOSED SESSION

Section 10A of the Local Government Act 1993, empowers Council and Committees of which all the members are Councillors to close a part of a meeting in certain circumstances in accordance with the requirements of the Act, and relevant Regulations and Guidelines.

Subject to the provisions of Section 10 of the Act, so much of a meeting may be closed as comprises certain information as outlined in Section 10A(2).

However, the Act also contains the following provisions qualifying the use of Section 10A(2).

Section 10B

1. [Time spent closed to be minimised] A meeting is not to remain closed during the discussion of anything referred to in section 10A(2):

a. Except for so much of the discussion as is necessary to preserve the relevant confidentiality, privilege or security, and

b. If the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret-unless the council or committee concerned is satisfied that discussion of the matter in an open meeting would, on balance, be contrary to the public interest.

2. [Qualification of 10A(2)(g)] A meeting is not to be closed during the receipt and consideration of information or advice referred to in section 10A(2)(g) unless the advice concerns legal matters that:

a. are substantial issues relating to a matter in which the council or committee is involved, and

b. are clearly identified in the advice, and

d. are fully discussed in that advice.

3. [Qualification of 10A(3)] If a meeting is closed during the discussion of a motion to close another part of the meeting to the public (as referred to in section 10A(3)), the consideration of the motion must not include any consideration of the matter or information to be discussed in that other part of the meeting (other than consideration of whether the matter concerned is a matter referred to in section 10A(2)).

4. [Irrelevant matters] For the purpose of determining whether the discussion of a matter in an open meeting would be contrary to the public interest, it is irrelevant that:

a. a person may misinterpret or misunderstand the discussion, or

b. the discussion of the matter may:

(i) cause embarrassment to the council or committee concerned, or to Councillors or to employees of the council, or

(ii) cause a loss of confidence in the council or committee.

Attention is also drawn to provisions contained in Part 7 of Council’s Code of Meeting Practice.

Director General’s Guidelines

The Director General of the Department of Local Government has issued guidelines concerning the use of Section 10 of the Act. A copy of the Director General’s guidelines has been sent to all Councillors. Section 10B(5) of the Act requires that council have regard to these guidelines when considering resolving into Closed Session.



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REPRESENTATIONS FROM THE PUBLIC At this juncture, the Mayor will offer the opportunity to members of the public to make representations to Council as to whether any items of the Closed Council should not be considered in Closed Council.

RECOMMENDATION 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:

22.1 Staff Matter

Relevant Legal Provisions This report is referred to Closed Council in accordance with s10A(2) of the Local Government Act, 1993, under clause 10A(2)(a) as it contains personnel matters concerning particular individuals (other than councillors) and the Council considers that it would be on balance contrary to the public interest to consider this information in Open Council.

Brief description It is the purpose of this report to finalise the General Manager Performance Review for the period dated September 2014 to 30 June 2015 with the endorsement of correspondence to the General Manager, Ms Ann Prendergast dated 13 August 2015.

22.2 Offer to Purchase, 86-90 Merrigang Street, Bowral

Relevant Legal Provisions This report is referred to Closed Council 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 for Council to consider its position in relation to an offer made to Council to purchase the property situated at 86-90 Merrigang Street Bowral (‘the property’). The likely outcome of this report is that Council will determine its position and formalise a response to the offer.

22.3 Bowral Distributor Road - Project Management Tender

Relevant Legal Provisions This report is referred to Closed Council 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



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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 To discuss a preferred consultant from an open tender for the provision of Project Management services for the design and construction of the Bowral Distributor Road.

22.4 Robertson Sewerage Scheme - Bowling Club Sewer Connection

Relevant Legal Provisions This report is referred to Closed Council 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 To describe issues surrounding the provision of a sewer connection for the Robertson Bowling Club and seek direction from Council on the matter.

22.5 Legal Affairs

Relevant Legal Provisions This report is referred to Closed Council 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 issues since last reported to Council on 22 July 2015.

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

Council’s resolution) be made public. Ann Prendergast General Manager Friday 21 August 2015

Agenda of Ordinary Meeting of Council - 26 August 20152015/08/26 · 3.32pm Opening Prayer –...

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Transcript of Agenda of Ordinary Meeting of Council - 26 August 20152015/08/26 · 3.32pm Opening Prayer –...