Ordinary council meeting
20 November 2017
20 agenda items · 18 motions · 1 with recorded votes · 11 declared conflicts of interest · 15 recorded chamber movements
Page numbers beside each item are pages of this document, and each opens it there.
Agenda
1 Calling to order No items recorded
2 Statement of acknowledgement No items recorded
3 Apologies and requests for leave of absence No items recorded
4 Declaration under Acts, Regulations, Codes or Local Laws No items recorded
5 Declaration by councillors of any conflict of interest No items recorded
6 Confirmation of minutes of previous meeting 1 item · 1 motion
7 Delegates reports 1 item · 1 motion
8 Officers reports for determination 9 items · 9 motions
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8.3 Design and construction of replacement footbridge on Melbourne Road over House Creek pp. 17–23
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8.4 Kelly Park Netball Courts Redevelopment - Civil Works (W1173- pp. 24–32
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8.7 Proposed sale of Council land - 35 Huon Creek Road pp. 48–55
Interest declared by Cr Danny Lowe
Cr Danny Lowe left the meeting at 6.29pm · Cr Danny Lowe returned to the meeting at 6.43pm
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8.8 Planning application - 17 McGaffins Road - three lot subdivision and removal of covenant pp. 55–62
Interest declared by Cr Danny Lowe
Cr Danny Lowe remained out of the meeting at 6.43pm
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8.9 115 Kinchington Road - request to vary section 173 agreement pp. 62–69
Interest declared by Cr Ron Mildren · Cr Anna Speedie
Cr Ron Mildren left the meeting at 6.44pm · Cr Anna Speedie left the meeting at 6.44pm · Cr Ron Mildren returned to the meeting at 6.45pm · Cr Anna Speedie returned to the meeting at 6.45pm
9 Officers reports for noting 5 items · 5 motions
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9.2 Planning report for October 2017 pp. 81–83
Interest declared by Cr Ron Mildren · Cr Anna Speedie
Cr Ron Mildren left the meeting at 6.48pm · Cr Anna Speedie left the meeting at 6.48pm · Cr Ron Mildren returned to the meeting at 6.49pm · Cr Anna Speedie returned to the meeting at 6.49pm
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9.3 Building report for October 2017 pp. 84–87
Interest declared by Cr Kat Bennett · Cr Libby Hall
Cr Kat Bennett left the meeting at 6.50pm · Cr Libby Hall left the meeting at 6.50pm · Cr Kat Bennett returned to the meeting at 6.51pm · Cr Libby Hall returned to the meeting at 6.51pm
10 Officers reports for information 2 items
11 Notices of motion 1 item · 1 motion · 1 recorded vote
12 Petitions No items recorded
13 Council seal 1 item · 1 motion
14 Urgent business No items recorded
15 Question time and presentation of awards No items recorded
The minutes record question time as follows, in council's own words.
Clause 61 of the council's Meeting Procedure Local Law (no. 1 of 2009) states: 61.1 There shall be a public question time at every Ordinary meeting to enable members of the public to submit written questions to Council. 61.2 Public Question Time will have a duration as determined by Council from time to time. 61.3 Questions submitted to Council must be prefaced by the name and address of the person submitting the question and generally be in a form approved or permitted by Council. 61.4 Persons submitting questions must be present in the gallery at the time the question is due to be read, or the question will not be addressed by Council. 61.5 No person may submit more than two questions at any one meeting. 61.6 If a person has submitted two questions to a meeting, the second question: a) may, at the discretion of the Chairperson, be deferred until all other persons who have asked a question have had their questions asked and answered; or b) may not be asked if the time allotted for public question time has expired. 61.7 A question may be disallowed by the Chairperson if the Chairperson determines that it: a) relates to a matter outside the duties, functions and powers of Council; b) is defamatory, indecent, abusive, offensive, irrelevant, trivial or objectionable in language or substance; c) deals with a subject matter already answered; d) is aimed at embarrassing a councillor or a member of Council staff; e) relates to personnel matters; f) relates to the personal hardship of any resident or ratepayer; g) relates to industrial matters; h) relates to contractual matters; i) relates to proposed developments; k) relates to matters affecting the security of Council property; or j) relates to legal advice; l) relates to any other matter which Council considers would prejudice Council or any person. 61.8 Questions will be answered either at the Council meeting or as soon as possible after the Council meeting, subject to such policy or guidelines that Council may adopt from time to time. 61.9 No debate on questions asked or answers given is permitted. One question was received from Mrs Eileen Wood relating to car parking in Anderson Street, Wodonga. As the item was not listed on the agenda Mrs Anderson was advised that a written response would be provided within four working days. Presentation of awards At this time the Mayor, assisted by Cr Bennett, presented the Young Achiever Scheme Award for November to Aedan Staats.
16 Confidential business No items recorded
17 Confidential urgent business No items recorded
18 Close of meeting No items recorded
Conflicts of interest declared
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Cr Kat Bennett declared an indirect conflict of interest in item 9.3.
Council recorded the nature of the interest as: Cr Bennett works at Gateway Health, 155 High Street, Wodonga, and which is listed in the building permits.
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Cr Libby Hall declared a direct conflict of interest in item 9.3.
Council recorded the nature of the interest as: Cr Hall owns property in the same street where a building permit has been approved.
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Cr Danny Lowe declared an indirect conflict of interest in item 8.7.
Council recorded the nature of the interest as: Cr Lowe owns a property nearby. Cr Lowe disclosed two conflicts of interest for item 8.8 Planning application - 17 McGaffins Road – three lot subdivision and removal of covenant. Cr Lowe has an indirect financial interest (section 78A of the Local Government Act, 1989) as he owns a property nearby and an indirect interest by close association (section 78 of the Local Government Act, 1989) as his brother owns a property nearby.
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Cr Ron Mildren declared an indirect conflict of interest in item 8.9.
Council recorded the nature of the interest as: Cr Mildren’s business from time to time acts for landowners who Ordinary meeting - November 20, 2017 may have an interest in the section 173 agreement to which this matter relates or other agreements to the same or similar effect.
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Cr Ron Mildren declared a direct conflict of interest in item 9.2.
Council recorded the nature of the interest as: Cr Mildren’s business was the applicant for a permit referred to in this report.
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Cr Anna Speedie declared an indirect conflict of interest in item 8.9.
Council recorded the nature of the interest as: Cr Speedie’s partner has an interest in one of the adjacent estates that could potentially be impacted as it has a similar section 173 agreement.
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Cr Anna Speedie declared an indirect conflict of interest in item 9.2.
Council recorded the nature of the interest as: Cr Speedie’s partner is the part owner of one of the developments listed. Acting Chairperson At this point Cr Speedie noted that due to her conflicts of interest an acting Chairperson would need to be elected for items 8.9 and 9.2. Cr Speedie asked for nominations for the position of acting Chairperson when items 8.9 and 9.2 were before the meeting. Cr Quilty nominated Cr Hall, and the nomination was seconded by Cr Bennett. There were no other nominations. In the absence of any other nominations the Mayor declared Cr Hall elected to the position of acting Chairperson for items 8.9 and 9.2 on the agenda.
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Cr Danny Lowe declared a conflict of interest in item 8.7.
The minutes record the declaration but not its nature.
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Cr Danny Lowe declared a conflict of interest in item 8.7.
The minutes record the declaration but not its nature.
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Cr Danny Lowe declared a conflict of interest in item 8.8.
The minutes record the declaration but not its nature.
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Cr Danny Lowe declared a conflict of interest in item 8.8.
The minutes record the declaration but not its nature.
Chamber movements recorded
Who the minutes record leaving the chamber and returning, in the order stated. Declaring an interest and leaving the room are separate facts, and this site does not state why anyone left.
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Cr Danny Lowe left the meeting at 6.29pm, recorded at item 8.7. Printed 2 times in these minutes
Cr Lowe left the meeting room at 6.29pm prior to consideration of item 8.7, and returned to the meeting room at 6.43pm after the resolutions for items 8.7 and 8.8 had been carried
Minutes, page 53.
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Cr Danny Lowe returned to the meeting at 6.43pm, recorded at item 8.7. Printed 2 times in these minutes
Cr Lowe left the meeting room at 6.29pm prior to consideration of item 8.7, and returned to the meeting room at 6.43pm after the resolutions for items 8.7 and 8.8 had been carried
Minutes, page 53.
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Cr Danny Lowe remained out of the meeting at 6.43pm, recorded at item 8.8.
Carried Conflict of interest disclosure As noted at item 8.7, Cr Lowe disclosed a conflict of interest in item 8.8, the details of which are recorded in these minutes at item 5. Cr Lowe left the meeting at 6.29pm prior to the commencement of item 8.7. Cr Lowe remained out of the meeting for item 8.8. Cr Lowe returned to the meeting room at 6.43pm after the resolutions for items 8.7 and 8.8 had been carried
Minutes, page 61.
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Cr Ron Mildren left the meeting at 6.44pm, recorded at item 8.9.
Carried Conflict of interest disclosures Prior to the commencement of item 8.9 Crs Mildren and Speedie each disclosed a conflict of interest in that item, the details of which are recorded in these minutes at item 5. Crs Mildren and Speedie left the meeting room at 6.44pm prior to consideration of item 8.9, and returned to the meeting room at 6.45pm after the resolution for item 8.9 was carried
Minutes, page 68.
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Cr Anna Speedie left the meeting at 6.44pm, recorded at item 8.9.
Carried Conflict of interest disclosures Prior to the commencement of item 8.9 Crs Mildren and Speedie each disclosed a conflict of interest in that item, the details of which are recorded in these minutes at item 5. Crs Mildren and Speedie left the meeting room at 6.44pm prior to consideration of item 8.9, and returned to the meeting room at 6.45pm after the resolution for item 8.9 was carried
Minutes, page 68.
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Cr Ron Mildren returned to the meeting at 6.45pm, recorded at item 8.9.
Carried Conflict of interest disclosures Prior to the commencement of item 8.9 Crs Mildren and Speedie each disclosed a conflict of interest in that item, the details of which are recorded in these minutes at item 5. Crs Mildren and Speedie left the meeting room at 6.44pm prior to consideration of item 8.9, and returned to the meeting room at 6.45pm after the resolution for item 8.9 was carried
Minutes, page 68.
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Cr Anna Speedie returned to the meeting at 6.45pm, recorded at item 8.9.
Carried Conflict of interest disclosures Prior to the commencement of item 8.9 Crs Mildren and Speedie each disclosed a conflict of interest in that item, the details of which are recorded in these minutes at item 5. Crs Mildren and Speedie left the meeting room at 6.44pm prior to consideration of item 8.9, and returned to the meeting room at 6.45pm after the resolution for item 8.9 was carried
Minutes, page 68.
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Cr Ron Mildren left the meeting at 6.48pm, recorded at item 9.2.
Carried Conflict of interest disclosures Prior to the commencement of item 9.2 Crs Mildren and Speedie each disclosed a conflict of interest in that item, the details of which are recorded in these minutes at item 5. Crs Mildren and Speedie left the meeting room at 6.48pm prior to consideration of item 9.2, and returned to the meeting room at 6.49pm after the resolution for item 9.2 was carried
Minutes, page 83.
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Cr Anna Speedie left the meeting at 6.48pm, recorded at item 9.2.
Carried Conflict of interest disclosures Prior to the commencement of item 9.2 Crs Mildren and Speedie each disclosed a conflict of interest in that item, the details of which are recorded in these minutes at item 5. Crs Mildren and Speedie left the meeting room at 6.48pm prior to consideration of item 9.2, and returned to the meeting room at 6.49pm after the resolution for item 9.2 was carried
Minutes, page 83.
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Cr Ron Mildren returned to the meeting at 6.49pm, recorded at item 9.2.
Carried Conflict of interest disclosures Prior to the commencement of item 9.2 Crs Mildren and Speedie each disclosed a conflict of interest in that item, the details of which are recorded in these minutes at item 5. Crs Mildren and Speedie left the meeting room at 6.48pm prior to consideration of item 9.2, and returned to the meeting room at 6.49pm after the resolution for item 9.2 was carried
Minutes, page 83.
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Cr Anna Speedie returned to the meeting at 6.49pm, recorded at item 9.2.
Carried Conflict of interest disclosures Prior to the commencement of item 9.2 Crs Mildren and Speedie each disclosed a conflict of interest in that item, the details of which are recorded in these minutes at item 5. Crs Mildren and Speedie left the meeting room at 6.48pm prior to consideration of item 9.2, and returned to the meeting room at 6.49pm after the resolution for item 9.2 was carried
Minutes, page 83.
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Cr Kat Bennett left the meeting at 6.50pm, recorded at item 9.3.
Carried Conflict of interest disclosures Prior to the commencement of item 9.3 Crs Bennett and Hall each disclosed a conflict of interest in that item, the details of which are recorded in these minutes at item 5. Crs Bennett and Hall left the meeting room at 6.50pm prior to consideration of item 9.3, and returned to the meeting room at 6.51pm after the resolution for item 9.3 was carried
Minutes, page 87.
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Cr Libby Hall left the meeting at 6.50pm, recorded at item 9.3.
Carried Conflict of interest disclosures Prior to the commencement of item 9.3 Crs Bennett and Hall each disclosed a conflict of interest in that item, the details of which are recorded in these minutes at item 5. Crs Bennett and Hall left the meeting room at 6.50pm prior to consideration of item 9.3, and returned to the meeting room at 6.51pm after the resolution for item 9.3 was carried
Minutes, page 87.
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Cr Kat Bennett returned to the meeting at 6.51pm, recorded at item 9.3.
Carried Conflict of interest disclosures Prior to the commencement of item 9.3 Crs Bennett and Hall each disclosed a conflict of interest in that item, the details of which are recorded in these minutes at item 5. Crs Bennett and Hall left the meeting room at 6.50pm prior to consideration of item 9.3, and returned to the meeting room at 6.51pm after the resolution for item 9.3 was carried
Minutes, page 87.
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Cr Libby Hall returned to the meeting at 6.51pm, recorded at item 9.3.
Carried Conflict of interest disclosures Prior to the commencement of item 9.3 Crs Bennett and Hall each disclosed a conflict of interest in that item, the details of which are recorded in these minutes at item 5. Crs Bennett and Hall left the meeting room at 6.50pm prior to consideration of item 9.3, and returned to the meeting room at 6.51pm after the resolution for item 9.3 was carried
Minutes, page 87.
Minutes from this period bind the officer reports into the same document and record the outcome of each motion without a vote count or a named division, so none is shown.
Meeting closed 7.22pm.
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