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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