Minutes of Ordinary Meeting of Council - Tuesday, 28 July 2020

Ordinary Meeting of Council | 28 July 2020 1

MINUTES

ORDINARY MEETING OF GRIFFITH CITY COUNCIL HELD IN GRIFFITH CITY COUNCIL CHAMBERS ON

TUESDAY, 28 JULY 2020 COMMENCING AT 7:02 PM

PRESENT

The Mayor, John Dal Broi in the Chair; Councillors, Glen Andreazza, Simon Croce, Doug Curran, Deb Longhurst, Eddy Mardon, Rina Mercuri, Anne Napoli, Mike Neville (Zoom), Brian Simpson, Christine Stead and Dino Zappacosta

STAFF

General Manager, Brett Stonestreet, Director Economic & Organisational Development, Shireen Donaldson, Director Utilities, Graham Gordon, Director Sustainable Development, Phil Harding, Director Infrastructure & Operations, Phil King, Director Business, Cultural & Financial Services, Max Turner and Minute Taker, Leanne Austin

MEDIA

The Area News, Declan Rurenga

1 COUNCIL PRAYER AND ACKNOWLEDGEMENT OF COUNTRY

The Meeting opened with Councillor Zappacosta reading the Council prayer and the Acknowledgement of Country.

The Mayor requested Council observe a one minute silence in respect of the passing of Mr Joseph Sergi, Mr Peter Katsoolis and former Griffith City Council staff member, Mrs Marisa Martinello.

2 APOLOGIES AND REQUESTS FOR LEAVE OF ABSENCE

No apologies or requests for leave of absence were received.

3 CONFIRMATION OF MINUTES

20/226

RESOLVED on the motion of Councillors Christine Stead and Glen Andreazza that the minutes of the Ordinary Meeting of Council held in Griffith City Council Chambers on 14 July 2020, having first been circulated amongst all members of Council, be confirmed.

4 BUSINESS ARISING

Nil.

Minutes of Ordinary Meeting of Council 28 July 2020


5 DECLARATIONS OF INTEREST

Pecuniary Interests

Councillors making a pecuniary interest declaration are required to leave the meeting during consideration of the matter and not return until the matter is resolved.

Councillor Deb Longhurst CCMM01 – Data Breach Reason – A close family member is employed by Council. Councillor Rina Mercuri CCMM01 – Data Breach Reason – A letter was sent to two members of Councillor Mercuri’s family. Councillor Anne Napoli CL06 Schematic Design Options - Griffith Regional Sports Precinct Project (Westend Oval Site) Reason – A member of Councillor Napoli’s family is one of the Directors of a Company that has quoted for this project. Councillor Anne Napoli Outstanding Action Report Reason – CRM 82202 Minute Number 20/038, CRM 72186 Minute Number 19/186. Councillor Anne Napoli CCMM01 – Data Breach Reason – Councillor Anne Napoli has a family member who was a former employee of Griffith City Council and has one other family member currently employed at Griffith City Council. Significant Non-Pecuniary Interests Councillors making a significant non-pecuniary interest declaration are required to leave the meeting during consideration of the matter and not return until the matter is resolved.

Councillor Glen Andreazza CCMM01 Data Breach Reason – Councillor Andreazza has a family member who has received a letter regarding this data breach. Councillor Rina Mercuri CL02 DA 225/2019 - Centre based Child Care Facility for 121 Children with associated car parking and signage Reason – Councillor Mercuri personally knows several objectors and has a strong friendship with one of the objector’s family. Councillor Anne Napoli CL02 DA 225/2019 - Centre based Child Care Facility for 121 Children with associated car parking and signage Reason – Councillor Napoli has family members who have signed the petition objecting to this DA. Less Than Significant Non-Pecuniary Interests

Councillors making a less than significant non-pecuniary interest declaration may stay in the meeting and participate in the debate and vote on the matter.



Councillor Glen Andreazza CL01 DA 57/2020(1) Change of use to a place of public worship Reason – Councillor Andreazza has had a phone call from Steven Parisotto regarding this DA. Councillor Glen Andreazza CL02 DA 225/2019 - Centre based Child Care Facility for 121 Children with associated car parking and signage Reason – Councillor Andreazza has received an email from Melissa & James Hood regarding this DA. Councillor Glen Andreazza CL04 DA 20/2020 7-9 Salvanza Crescent GRIFFITH - 7 Units and Strata Subdivision Reason – Councillor Andreazza received an email from Bill Lancaster regarding this DA late this afternoon. Councillor Deb Longhurst CL01 DA 57/2020(1) Change of use to a place of public worship Reason – Councillor Longhurst is the Chairperson of the Carevan sub-committee and Carevan is mentioned as one of the activities mentioned in the report. Councillor Rina Mercuri CL01 DA 57/2020(1) Change of use to a place of public worship Reason – Councillor Mercuri has received a call and an email from Mr Steven Parisotto about this DA. Councillor Anne Napoli CL01 DA 57/2020(1) Change of use to a place of public worship Reason – Councillor Napoli received an email from the applicant on behalf of the owner. Councillor Anne Napoli CL04 DA 20/2020 7-9 Salvanza Crescent GRIFFITH - 7 Units and Strata Subdivision Reason – Councillor Napoli has a family member related to the applicant. Councillor Mike Neville CCMM01 Data Breach Reason – An extended family member of Councillor Neville is a member of staff at Council. Councillor Brian Simpson CL01 DA 57/2020(1) Change of use to a place of public worship Reason – Councillor Simpson has received an email and phone call from Steven Parisotto regarding this matter. Councillor Christine Stead CL02 DA 225/2019 - Centre based Child Care Facility for 121 Children with associated car parking and signage Reason – Councillor Stead has spoken to several objectors regarding this DA. Councillor Christine Stead CL04 DA 20/2020 7-9 Salvanza Crescent GRIFFITH - 7 Units and Strata Subdivision Reason – Councillor Stead received and email from Mr Lancaster. Councillor Christine Stead CL06 Schematic Design Options - Griffith Regional Sports Precinct Project (Westend Oval Site) Reason – Councillor Stead has spoken to a user group about the design.



Councillor Dino Zappacosta CL01 DA 57/2020(1) Change of use to a place of public worship Reason – Councillor Zappacosta is an office bearer of Griffith Aged Support Services that is mentioned in the report. Councillor Dino Zappacosta CL03 DA 259/2019 Shed – 15 Verri Street Reason – Councillor Zappacosta has spoken to a submitter who has some concerns on the development.

6 PRESENTATIONS

Nil

7 MAYORAL MINUTES

Nil

8 GENERAL MANAGER’S REPORT

CL01 DA 57/2020(1) CHANGE OF USE TO A PLACE OF PUBLIC WORSHIP

20/227

RESOLVED on the motion of Councillors Simon Croce and Rina Mercuri that the meeting suspend standing orders. Mr Stonestreet read a written submission provided by Mr Steven Parisotto. Mr Parisotto and Nigele Halliburton (proponents) addressed Council via Zoom.

20/228

RESOLVED on the motion of Councillors Christine Stead and Doug Curran that the meeting resume standing orders.

20/229

RESOLVED on the motion of Councillors Doug Curran and Christine Stead that:

(a) Griffith City Council as the consent authority pursuant to Section 4.16(1) of the Environmental Planning & Assessment Act 1979, grant consent to Development Application 57/2020 for the change of use to a place of public Worship at Lot 13 DP 758476, 124 Benerembah Street Griffith, subject to conditions set out in Attachment ‘A’ which includes the following condition:

(46) Plan of Management

The person with the benefit of the development consent is required to prepare a Plan of Management for the site including the following:

(1) Parking for large events proposed to be held at the premises;

(2) Operation of activities at the premises other than church services, including ‘soup kitchen’ and any activities where the premises are leased for events other than events conducted by Grace Church.

(b) The conditions set out in Attachment ‘A’ of the report be amended to delete condition 46 subsection 2 and condition 75.

(c) The application be delegated to the Director Sustainable Development for the preparation and issue of the notice of determination.



In accordance with the Local Government Action (section 375A - Recording of voting on planning matters) Council must record the Councillors’ votes in relation to the matter.

For Against Councillor John Dal Broi Councillor Glen Andreazza Councillor Simon Croce Councillor Doug Curran Councillor Deb Longhurst Councillor Eddy Mardon Councillor Rina Mercuri Councillor Anne Napoli Councillor Mike Neville Councillor Brian Simpson Councillor Christine Stead Councillor Dino Zappacosta

The division was declared PASSED by 12 votes to 0. Councillors Anne Napoli and Rina Mercuri left the meeting having declared a Significant Non-Pecuniary Interest, the time being 7:31 pm. CL02 DA 225/2019 - CENTRE BASED CHILD CARE FACILITY FOR 121 CHILDREN WITH ASSOCIATED CAR PARKING AND SIGNAGE

20/230

RESOLVED on the motion of Councillors Christine Stead and Doug Curran that the meeting suspend standing orders. Mr Stonestreet read a written submission from Melissa Hood (objector) to Council. Gareth Small (Zoom), Nathan Ceccato (Zoom) and Bill Lancaster (objectors), James Reynolds (Zoom) and Ben Hewlett (Zoom) (proponents) addressed Council.

20/231

RESOLVED on the motion of Councillors Doug Curran and Christine Stead that the meeting resume standing orders.

20/232

RESOLVED on the motion of Councillors Simon Croce and Doug Curran that:

(a) Council refuse development consent for Development Application 225/2019 for a Centre based Child Care Facility for 121 Children associated parking and signage, due to reasons of public interest.

(b) The application be delegated to the Director Sustainable Development for the preparation and issue of the notice of determination.


For Against Councillor John Dal Broi Councillor Glen Andreazza Councillor Simon Croce Councillor Doug Curran Councillor Deb Longhurst Councillor Eddy Mardon Councillor Mike Neville Councillor Brian Simpson



Councillor Christine Stead Councillor Dino Zappacosta

The division was declared PASSED by 10 votes to 0. Councillors Anne Napoli and Rina Mercuri returned to the meeting, the time being 8:09 pm. CL03 DA 259/2019 SHED

Councillors Glen Andreazza and Christine Stead moved the following MOTION that:

(a) Griffith City Council as the consent authority pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979 approve Development Application DA 259/2019 subject to a condition of consent requiring the shed to be setback 1.5 metres from the rear boundary with a maximum height of 4 metres.

(b) Development Application 259/2019 be referred to the Director of Sustainable Development for the issue of the notice of determination.

20/233

RESOLVED on the motion of Councillors Doug Curran and Christine Stead that the meeting suspend standing orders to allow Mr Simon Snaidero (proponent) to address Council.

20/234

RESOLVED on the motion of Councillors Glen Andreazza and Christine Stead that the meeting resume standing orders.

20/235

RESOLVED on the motion of Councillors Glen Andreazza and Christine Stead that:

(a) Griffith City Council as the consent authority pursuant to Section 4.16 of the Environmental Planning & Assessment Act 1979 approve Development Application DA 259/2019 subject to a condition of consent requiring the shed to be setback 1.5 metres from the rear boundary with a maximum height of 4 metres.

(b) Development Application 259/2019 be referred to the Director of Sustainable Development for the issue of the notice of determination.


For Against Councillor John Dal Broi Councillor Glen Andreazza Councillor Simon Croce Councillor Doug Curran Councillor Deb Longhurst Councillor Eddy Mardon Councillor Rina Mercuri Councillor Anne Napoli Councillor Mike Neville Councillor Brian Simpson Councillor Christine Stead Councillor Dino Zappacosta

The division was declared PASSED by 12 votes to 0. CL04 DA 20/2020 7-9 SALVANZA CRESCENT GRIFFITH - 7 UNITS AND STRATA SUBDIVISION



20/236

RESOLVED on the motion of Councillor Doug Curran that the report LAY ON THE TABLE until the next Council Meeting.

CL05 ADOPTION OF SUSTAINABLE DEVELOPMENT DIRECTORATE'S PUBLIC POLICIES - SUBMISSIONS RECEIVED

20/237

RESOLVED on the motion of Councillors Glen Andreazza and Deb Longhurst that Council adopt the draft Sustainable Development Public Policies (CO-CP-703) Keeping of Animals and (CO-CP-501) Restricted Parking Enforcement subject to the additional amendments proposed in the report. Councillor Anne Napoli left the meeting having declared a Pecuniary Interest, the time being 8:18 pm. CL06 SCHEMATIC DESIGN OPTIONS - GRIFFITH REGIONAL SPORTS PRECINCT PROJECT (WESTEND OVAL SITE)

20/238

RESOLVED on the motion of Councillors Glen Andreazza and Mike Neville that:

(a) Council note that in accepting the contract to construct the new 50m pool adjacent to the Griffith Regional Aquatic Leisure Centre facility that the size of the pool in relation to the original concept design has increased by 32% as per the resolution of Council at Ordinary Meeting held 24 March 2020.

(b) As a consequence of the increase in scope of the 50M pool Council endorse additional budget of $1,650,000.

(c) Council endorses Plan No. 2 (as attached to the report) in principle as the preferred Schematic Plan for the development of the Westend Oval site.

(d) A further report will be prepared for Council at the completion of the construction tendering process for Westend Oval which will address the final funding component required to complete the Griffith Regional Sports Precinct project.

(e) Subject to endorsement of (b) above Council will note the current project budget will increase to $26,450,000 with the additional funding of $1,650,000 to come from general revenues and applicable S7.12 reserves.

Councillor Anne Napoli returned to the meeting, the time being 8:22 pm. CL08 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE 2020

20/239 RESOLVED on the motion of Councillors Brian Simpson and Glen Andreazza that:

(a) The Mayor, three Councillors (Councillors Brian Simpson, Doug Curran and Glen Andreazza) and the General Manager (or his delegate) attend the 2020 Local Government NSW Annual Conference to be held at the Hunter Valley (Lovedale) from Sunday 22 to Tuesday 24 November 2020.

(b) Expenses for attendance at the 2020 Local Government NSW Annual Conference be paid in accordance with Council policy.



(c) Council determine any motion(s) for inclusion in the Conference business paper such that they can be lodged with LGNSW by the deadline being Monday 28 September 2020. These draft motions are to be submitted to the General Manager by Friday 4 September 2020 to enable them to be reported to Council and endorsed.

(d) Council confirm the three voting delegates at the LGNSW Conference to be the Mayor, Councillor Doug Curran and Councillor Brian Simpson.

CL09 LOCAL GOVERNMENT NSW WATER MANAGEMENT CONFERENCE 2020

20/240 RESOLVED on the motion of Councillors Dino Zappacosta and Simon Croce that:

(a) Council be represented at the 2020 Local Government NSW Water Management Conference to be held in Narrabri NSW from 6 – 8 October 2020.

(b) The Mayor and General Manager (or their delegates) attend the Conference.

(c) Expenses to attend the Conference be paid by Council in accordance with the Councillors Payment of Expenses and Provision of Facilities Policy.

9 INFORMATION REPORTS

Nil

10 ADOPTION OF COMMITTEE MINUTES

MINUTES OF THE LAKE WYANGAN & CATCHMENT MANAGEMENT COMMITTEE MEETING HELD ON 8 JULY 2020

20/241

RESOLVED on the motion of Councillors Brian Simpson and Anne Napoli that the recommendations as detailed in the Minutes of the Lake Wyangan & Catchment Management Committee meeting held on 8 July 2020 be adopted. Councillor Brian Simpson enquired if Council had contacted NSW Fisheries. Mr Phil Harding took this question on notice.

11 BUSINESS WITH NOTICE – RESCISSION MOTIONS

Nil

12 BUSINESS WITH NOTICE – OTHER MOTIONS

NOTICE OF MOTION - COUNCILLOR NAPOLI - UNIVERSAL POSTAL VOTING

20/242

RESOLVED on the motion of Councillors Anne Napoli and Rina Mercuri that Griffith City Council write to the Local Government Minister, Shelley Hancock, expressing our opposition to the concept of Universal Postal Voting for the NSW Local Government Elections.



13 OUTSTANDING ACTION REPORT

Councillor Anne Napoli left the meeting having declared a Pecuniary Interest, the time being 8:34 pm.

20/243

RESOLVED on the motion of Councillors Mike Neville and Doug Curran that the report be noted. Councillor Anne Napoli returned to the meeting, the time being 8:35 pm. 14 MATTERS TO BE DEALT WITH BY CLOSED COUNCIL

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public.

Set out below is Section 10A(2) of the Local Government Act 1993 in relation to matters which can be dealt with in the closed part of a meeting.

The matters and information are the following:

(a) personnel matters concerning particular individuals (other than Councillors)

(b) the personal hardship of any resident or ratepayer

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

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

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

(ii) confer a commercial advantage on a competitor of the Council, or

(iii) reveal a trade secret

(e) information that would, if disclosed, prejudice the maintenance of law

(f) matters affecting the security of the Council, Councillors, Council staff or Council property

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

(h) information concerning the nature and location of a place or an item of Aboriginal significance on Community land

(i) alleged contraventions of any code of conduct requirements applicable under section 440 of the Local Government Act 1993.

20/244

RESOLVED on the motion of Councillors Christine Stead and Doug Curran that:

(a) Council resolve to go into closed Council to consider business identified.

(b) Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provision of section [10A(2)] as outlined above.



(c) The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.

Council resolved that members of the press and public be excluded from the meeting during consideration of the items listed below, and that discussion of the report in open Council would be contrary to the public interest.

CCMM01 DATA BREACH

Reason: Personnel Matters 10A(2)(a)

CC01 LEASE OF COUNCIL LAND - LOT 201 DP 756035 SLOPES ROAD, THARBOGANG

Reason: Commercial Advantage 10A(2)(d) Council closed its meeting at 8:36 pm. The public and media left the Chamber and Livestreaming was stopped.

REVERSION TO OPEN COUNCIL

20/245

RESOLVED on the motion of Councillors Christine Stead and Glen Andreazza that Open Council be resumed. Open Council resumed at 9:20 pm. The public and media returned to the Chamber and Livestreaming resumed.

Upon resuming open Council the General Manager reported that the following resolutions had been made in Closed Council:

MATTERS DEALT WITH IN CLOSED COUNCIL

Councillors Anne Napoli, Rina Mercuri, Deb Longhurst and Glen Andreazza left the meeting having declared Pecuniary/Significant Non-Pecuniary Interests, the time being 8:36 pm.

CCMM01 DATA BREACH

20/246

RESOLVED on the motion of Councillors Mike Neville and Simon Croce that Council note the report. Councillors Anne Napoli, Rina Mercuri, Deb Longhurst and Glen Andreazza returned to the meeting, the time being 9:16 pm.

CC01 LEASE OF COUNCIL LAND - LOT 201 DP 756035 SLOPES ROAD, THARBOGANG

20/247

RESOLVED on the motion of Councillors Rina Mercuri and Dino Zappacosta that:

(a) Council enter into a lease agreement with Giuseppe Barbaro over Lot 201 DP 756035, Slopes Road, Tharbogang for a term of 5 years with an option of 5 years.

(b) Giuseppe Barbaro be required to repair/replace all fencing and gates to the value of $40,000 with appropriate fencing material agreed to by Council and lodge with Council



a security deposit of $10,000.

(c) The security deposit of $10,000 to be refunded on completion of the fencing and gate repairs to the satisfaction of Council.

(d) Giuseppe Barbaro pay all applicable costs and charges associated with the preparation of the lease agreement together with Council’s Administration Fee of $458.

(e) Giuseppe Barbaro be responsible for the payment of all rates and charges associated with the leasing of Lot 201 DP 756035.

(f) Council authorise the Mayor and General Manager to execute the lease agreement on behalf of Council under the Common Seal.

There being no further business the meeting terminated at 9:23 pm.

Confirmed: ..........................................

CHAIRPERSON

Minutes of Ordinary Meeting of Council - Tuesday, 28 July 2020

Documents

Transcript of Minutes of Ordinary Meeting of Council - Tuesday, 28 July 2020