MINUTES OF THE ORDINARY COUNCIL MEETING 23 FEBRUARY 2022
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MINUTES OF THE ORDINARY COUNCIL MEETING 23 FEBRUARY 2022
ORDER OF BUSINESS: ACKNOWLEDGEMENT TO COUNTRY .............................................................................. 1 1. PRAYERS & CONDOLENCES .............................................................................. 1 2. ATTENDANCE ...................................................................................................... 1 3. APOLOGIES .......................................................................................................... 1 4. READING AND CONFIRMATION OF MINUTES ................................................... 1 4.1 Ordinary Council Meeting - 9 February 2022 ............................................ 1 5. ACTIONS FROM COUNCIL MEETINGS ............................................................... 1 5.1 Actions from Ordinary Council Meeting 27 January 2022 ......................... 1 6. DECLARATIONS OF CONFLICTS OF INTEREST ............................................... 2 7. MAYORAL MINUTE .............................................................................................. 2 8. READING AND CONSIDERATION OF CORRESPONDENCE ............................. 2 8.1 Correspondence ....................................................................................... 2 9. RECEPTION AND READING OF PETITIONS AND JOINT LETTERS .................. 2 Nil 10. EXECUTIVE SERVICES REPORTS ...................................................................... 2 Nil 11. FINANCE, ASSETS AND SPECIAL PROJECTS .................................................. 2 11.1 Financial Report - As at 31 January 2022 ................................................ 2 11.2 22_045A - Preferred Supplier Arrangement - Supply of Quarry Materials - Refresh................................................................................................... 2 12. CORPORATE AND COMMUNITY SERVICES REPORTS .................................... 3 12.1.1 Stanthorpe Regional Art Gallery - Procedural Motion................................ 3 12.1 Stanthorpe Regional Art Gallery ............................................................... 3 12.2 Stanthorpe Library .................................................................................... 3 12.2.1 Stanthorpe Library - Procedural Motion .................................................... 4 12.3 Borderline Australia Youth Camps 2022 ................................................... 4 12.4 Stanthorpe 150th Anniversary Celebration Advisory Committee Minutes - 1 February 2022 ..................................................................................... 4 Meeting In Camera 12.5.1 Investigation Report re Alleged Inappropriate Councillor Conduct Matter Number C/21/00641 - Amendment ........................................................... 5 Minutes Of The Ordinary Council Meeting Held On 23 February 2022 Page i
12.5 Investigation Report re Alleged Inappropriate Councillor Conduct Matter Number C/21/00641 ................................................................................. 6 13. INFRASTRUCTURE SERVICES REPORTS ......................................................... 6 Nil 14. PLANNING AND ENVIRONMENTAL SERVICES REPORTS ............................... 7 14.1 Darling Downs-Moreton Rabbit Board Proposed Budget and Operational Plan 2022/2023 ........................................................................................ 7 14.2 Expansion of the Domestic Kerbside Waste Collection Service ................ 7 14.3 Draft Charges Resolution (No. 3.1) 2022 and Draft Charges Resolution (No. 4) 2023 ............................................................................................. 7 15. REPORTS OF DEPUTATION OR CONFERENCE & REPORTS FROM DELEGATES APPOINTED BY COUNCIL TO OTHER BODIES ........................... 8 15.1 LGAQ Water and Wastewater Management Advisory Group.................... 8 16. NOTICES OF MOTION .......................................................................................... 8 Nil 17. GENERAL BUSINESS .......................................................................................... 8 Nil. Minutes Of The Ordinary Council Meeting Held On 23 February 2022 Page ii
MINUTES OF THE ORDINARY COUNCIL MEETING OF SOUTHERN DOWNS REGIONAL COUNCIL HELD ON 23 FEBRUARY 2022 IN THE COUNCIL CHAMBERS, SOUTHERN DOWNS REGIONAL COUNCIL, 61 MARSH STREET, STANTHORPE AT 9:00AM ACKNOWLEDGEMENT TO COUNTRY 1. PRAYERS & CONDOLENCES Rev Kaye Ronalds from Stanthorpe Uniting Church offered a prayer for the meeting and acknowledged condolences 2. ATTENDANCE Present: Crs Pennisi (Chair), Bartley, Gale, Gliori, Gow, McDonald, McNally, Tancred and Windle Officers: Dave Burges (Chief Executive Officer), Scott Norman (Director Finance, Assets and Special Projects), Andrew Page (Director Corporate and Community Services), Gary Murphy (Director Infrastructure Services), Michael Bell (Manager Community and Cultural Services), Nicole Collett (Acting Manager Environmental Services), Angela O’Mara (Manager Planning and Development) via Video Link, Sean Beck (Planning Officer) via Video Link and Marion Seymour (Minute Secretary) 3. APOLOGIES Nil 4. READING AND CONFIRMATION OF MINUTES 4.1 Ordinary Council Meeting - 9 February 2022 Resolution Moved Cr A Gale Seconded Cr C McDonald THAT the minutes of the Ordinary Council Meeting held on Wednesday 9 February 2022 be adopted. Carried 5. ACTIONS FROM COUNCIL MEETINGS 5.1 Actions from Ordinary Council Meeting 27 January 2022 Resolution Moved Cr S Windle Seconded Cr C Gow THAT Council receive the report and note the contents. Carried Minutes Of The Ordinary Council Meeting Held On 23 February 2022 Page 1
6. DECLARATIONS OF CONFLICTS OF INTEREST Nil. Cr Gale advised that he would leave the meeting for Agenda Item 12.5. 7. MAYORAL MINUTE The Mayor acknowledged the recent announcement made by the Federal Member for Maranoa, the Hon David Littleproud MP, regarding Council’s successful funding application through the National Bushfire Recovery Program for the redevelopment of the Warwick Saleyards in the amount of $4.5m. The Mayor thanked the Federal Government for investing in regional communities and partnering with Council to address ageing infrastructure. 8. READING AND CONSIDERATION OF CORRESPONDENCE 8.1 Correspondence Resolution Moved Cr A Gale Seconded Cr C McDonald THAT the report of the Chief Executive Officer in relation to Correspondence be received. Carried 9. RECEPTION AND READING OF PETITIONS AND JOINT LETTERS Nil 10. EXECUTIVE SERVICES REPORTS Nil 11. FINANCE, ASSETS AND SPECIAL PROJECTS 11.1 Financial Report - As at 31 January 2022 Resolution Moved Cr S Tancred Seconded Cr R Bartley THAT Council receive and note the Financial Report as at 31 January 2022. Carried 11.2 22_045A - Preferred Supplier Arrangement - Supply of Quarry Materials - Refresh Resolution Moved Cr A Gale Seconded Cr C McDonald Minutes Of The Ordinary Council Meeting Held On 23 February 2022 Page 2
THAT Council, in accordance with Section 232 of the Local Government Regulation 2012, enters into a Preferred Supplier Arrangement for the Supply of Quarry Materials with Hutchison Quarries. Carried 12. CORPORATE AND COMMUNITY SERVICES REPORTS In accordance with Section 8.7 of Council’s Meeting Policy, Cr McNally moved the following procedural motion. 12.1.1 Stanthorpe Regional Art Gallery - Procedural Motion Resolution Moved Cr J McNally THAT Agenda Item 12.1 in relation to a budget application through a future budget review from the Stanthorpe Regional Gallery to cover the cost of finding and operating an alternative site for the duration of the Stanthorpe Art Gallery and Library Expansion project to be undertaken from mid- 2022 to 2023 lay on the table to allow further information for obtained for Council. Carried 12.1 Stanthorpe Regional Art Gallery Recommendation THAT Council approve a budget application through a future budget review from the Stanthorpe Regional Gallery to cover the cost of finding and operating an alternative site for the duration of the Stanthorpe Art Gallery and Library Expansion project, to be undertaken from mid-2022 to 2023. Lapsed 12.2 Stanthorpe Library Resolution Moved Cr S Tancred Seconded Cr M Gliori THAT Council consider allocating an additional budget through a future budget review for the costs associated with the temporary relocation and accommodation of the Stanthorpe library, whilst the project to complete the Stanthorpe Art Gallery/Library enhancement takes place. Lost Minutes Of The Ordinary Council Meeting Held On 23 February 2022 Page 3
In accordance with Section 8.7 of Council’s Meeting Policy, Cr Gale moved the following procedural motion. 12.2.1 Stanthorpe Library - Procedural Motion Resolution Moved Cr A Gale THAT Agenda Item 12.2 in relation to consideration of allocating an additional budget through a future budget review for the costs associated with the temporary relocation and accommodation of the Stanthorpe Library, whilst the project to complete the Stanthorpe Art Gallery/Library enhancement takes place, lay on the table to allow further information for obtained for Council at a future Council Information Session. Carried 12.3 Borderline Australia Youth Camps 2022 Resolution Moved Cr C McDonald Seconded Cr C Gow THAT Council notes the proposal from Borderline Australia and agrees to provide in-kind support. Carried 09:58 am Cr S Tancred left the meeting. 12.4 Stanthorpe 150th Anniversary Celebration Advisory Committee Minutes - 1 February 2022 Resolution Moved Cr C Gow Seconded Cr M Gliori THAT Council: 1. Receive and note the minutes of the Stanthorpe 150th Anniversary Celebration Advisory Committee (S150ACAC) Meeting held on 1 February 2022; and 2. Endorse the proposal from the Stanthorpe Little Theatre to deliver Council’s S150 event on 15 May 2022. Carried 10:00am Cr Gale left the meeting. 10:00am Cr S Tancred rejoined the meeting. In accordance with the provisions of Section 254J(3) of the Local Government Regulation 2012, a local government may resolve to close a meeting to the public and move ‘into Committee’ to discuss confidential items, such that its Councillors or members consider it necessary to close the meeting. Minutes Of The Ordinary Council Meeting Held On 23 February 2022 Page 4
Recommendation THAT the meeting be closed to the public and move into committee to discuss the following items, which are considered confidential in accordance with Section 254J(3) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following, as indicated: 12.5 Investigation Report re Alleged Inappropriate Councillor Conduct Matter Number C/21/00641 Reason for Confidentiality This item is considered confidential in accordance with section 254J(3)(f) of the Local Government Regulation 2012, as it may directly affect the health and safety of an individual or group of individuals. Meeting In Camera Resolution Moved Cr McNally Seconded Cr Windle THAT the meeting move into closed session. Lost The meeting adjourned for morning tea at 10:33am and reconvened at 10:51am at which time there were present Crs Pennisi, Bartley, McNally, Windle, Gow, McDonald, Gliori and Tancred. 12.5.1 Investigation Report re Alleged Inappropriate Councillor Conduct Matter Number C/21/00641 - Amendment Resolution Moved Mayor V Pennisi Seconded Cr J McNally THAT the proposed motion for Agenda Item 12.5 be amended to include the following: 3. iv. That Council Gale be advised if he engages in the same type of conduct again, it will be treated as misconduct. Carried Minutes Of The Ordinary Council Meeting Held On 23 February 2022 Page 5
12.5 Investigation Report re Alleged Inappropriate Councillor Conduct Matter Number C/21/00641 Resolution Moved Cr S Tancred Seconded Cr R Bartley THAT: 1. Council note receipt of this Councillor Complaint Investigation Report. 2. With respect to complaints lodged by a member of the public dated 21 September 2021, Council finds that Cr Andrew Gale has engaged in inappropriate conduct as defined under Section 150K of the Local Government Act 2009. 3. Pursuant to Section 150AH(1)(b) of the Local Government Act 2009 Council makes the following Orders: i. That Councillor Gale make a public admission at the first opportunity that he engaged in inappropriate conduct toward staff at a Warwick store on Sunday, 12 September 2021 and that the said apology be recorded in Council Minutes; ii. That Councillor Gale send a written apology to Management and staff at the Warwick store for his inappropriate conduct on 12 September 2021; iii. That Councillor Gale attend training or counselling to address his conduct at his own expense, and evidence of same be provided to the Mayor and Chief Executive Officer. iv. That Council Gale be advised if he engages in the same type of conduct again, it will be treated as misconduct. Carried 11:00am The Mayor left the meeting and the Deputy Mayor took the Chair. 13. INFRASTRUCTURE SERVICES REPORTS Nil 11:06 am The Mayor and Cr Gale rejoined the meeting. The Mayor resumed the Chair. Minutes Of The Ordinary Council Meeting Held On 23 February 2022 Page 6
14. PLANNING AND ENVIRONMENTAL SERVICES REPORTS 14.1 Darling Downs-Moreton Rabbit Board Proposed Budget and Operational Plan 2022/2023 Resolution Moved Cr C Gow Seconded Cr S Windle THAT Council resolve to endorse the Darling Downs-Moreton Rabbit Board proposed budget and operational plan for 2022/23. Carried 14.2 Expansion of the Domestic Kerbside Waste Collection Service Resolution Moved Cr C Gow Seconded Cr M Gliori THAT Council resolve to: 1. Approve the Designated Waste Collection Area, as shown in Attachments 1-7, under Southern Downs Regional Council’s Local Law No. 3 (Waste Management) 2017; and 2. Commence the waste collection services in the expanded extent of the Designated Waste Collection Area on the 4 April 2022; and 3. Note the waste management charge to the properties in the expanded extent of the Designated Waste Collection Area will be applied from the 1 July 2022. Carried 14.3 Draft Charges Resolution (No. 3.1) 2022 and Draft Charges Resolution (No. 4) 2023 Resolution Moved Cr A Gale Seconded Cr C McDonald THAT: 1. In accordance with section 113 of the Planning Act 2016, Council makes a Charges Resolution (No. 3.1) 2022 and adopts the charges for providing trunk infrastructure for development as shown in Table 2 of the Charges Resolution (No. 3.1) 2022. 2. Council's Adopted Infrastructure Charges Resolution (No. 2) 2015 be repealed as at the commencement of the Charges Resolution (No. 3.1) 2022. 3. Council's Charges Resolution (No. 3.1) 2022 be repealed as at the commencement of the Charges Resolution (No. 4) 2023. Carried Minutes Of The Ordinary Council Meeting Held On 23 February 2022 Page 7
15. REPORTS OF DEPUTATION OR CONFERENCE & REPORTS FROM DELEGATES APPOINTED BY COUNCIL TO OTHER BODIES 15.1 LGAQ Water and Wastewater Management Advisory Group Resolution Moved Cr S Tancred Seconded Cr A Gale THAT the information in the report be received. Carried 16. NOTICES OF MOTION Nil 17. GENERAL BUSINESS Apology from Cr Andrew Gale In accordance with Agenda Item 12.5 Clause 3.i., Cr Gale addressed the meeting with the following statement: “In September last year I was involved in a situation at a local business premises. This occurred when I observed a vulnerable person being treated in what I thought was a less than desirable way. I intervened and attempted to bring this matter to the attention of staff at that location. Unfortunately, my actions resulted in a complaint about my conduct which has been brought to a decision point today. I am deeply regretful that the matter panned out the way It did and, in hindsight, I would of handled the matter better. I have learnt from the experience and accept the consequences of my actions. Today I wish to make a full and genuine apology to anyone who may have been offended by my conduct on that day, including both the staff and other customers at that business at the time this occurred. I completely agree with the decisions my Councillor colleagues have made today and I would also like to apologise to them, as well as any staff of the Southern Downs Regional Council, if my conduct has caused any offence to them or damage to the organisation’s reputation.” 18. CONSIDERATION OF CONFIDENTIAL BUSINESS ITEMS Nil. MEETING CLOSURE There being no further business, the meeting closed at 11:22am. Minutes Of The Ordinary Council Meeting Held On 23 February 2022 Page 8
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