CL16.54     Mayoral Minute - Commencement of New Council Term

Mayor Findley thanked Rachel Marshall, Judee Nolan, Margaret Simoes, Shakila Williams for their contribution toward the smoking ceremony and welcome song.  Mayor Findley also thanked the community for their participation.

Mayor Findley outlined her expectations for the new council term which included:

A collaborative Council that looks at strategic thinking, not an obstructionist Council and one that comes together and not on political alliances.

RESOLVED (Clr Findley)                                                                                                     MIN16.682

That the Mayoral Minute be received for information.

CARRIED

Procedural Motion - Adjournment of Meeting

RESOLVED (Clr Findley)                                                                                                     MIN16.683

That the meeting be adjourned until 3.45pm.

CARRIED

Procedural Motion - Resumption of Meeting

RESOLVED (Clr Findley)                                                                                                     MIN16.684

That the meeting resume at 3:57pm when the following members were present.

Mayor Amanda Findley - Chairperson

Clr Joanna Gash

Clr John Wells

Clr Patricia White

Clr John Levett

Clr Nina Cheyne

Clr Annette Alldrick

Clr Kaye Gartner

Clr Andrew Guile

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot

CARRIED

Deputations

Procedural Motion - Bring Items Forward

RESOLVED (Clr Wells / Clr Guile)                                                                                       MIN16.686

That items CL16.25 Crown Land at Shoalhaven Heads and CL16.39 Notice of Motion – Land Reclassification – 59 Owen Street, Huskisson be brought forward for consideration.

CARRIED

CL16.25     Crown Land at Shoalhaven Heads

HPERM Ref: D16/291217

Recommendation                                                                                                                                 

That Council receive the report of the General Manager (Director of Assets & Works) concerning Crown Land at Shoalhaven Heads for Information.

RESOLVED (Clr Guile / Clr Wells)                                                                                       MIN16.687

That Council:

1.      Receive the report for information

2.      Pursue further investigation for the acquisition of the proposed Crown Land at Scott Street, Shoalhaven Heads (Part Lot 7010 DP 1035145) or part thereof, with the Shoalhaven Heads Community Forum and request that the Local Member for Kiama, Gareth Ward MP make representations on their behalf

3.      Continue to liaise with the Local Member for Kiama, Gareth Ward MP and other Members on this matter

For:            Clr Gash, Clr Wells, Clr White, Clr Alldrick, Clr Gartner, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot

Against:    Clr Findley, Clr Levett and Clr Cheyne

CARRIED

CL16.39     Notice of Motion - Land Reclassification - 59 Owen Street, Huskisson

HPERM Ref: D16/293446

Recommendation

That Council reclassify 59 Owen St Huskisson to community land.

RESOLVED (Clr Watson / Clr Findley)                                                                                MIN16.688

That Council reclassify 59 Owen St Huskisson to community land.

For:            Clr Findley, Clr Levett, Clr Cheyne, Clr Alldrick, Clr Gartner, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot

Against:    Clr Gash, Clr Wells and Clr White

CARRIED

Note: this was reintroduced and superseded by MIN16.745

Procedural Motion - Adjournment of Meeting

RESOLVED (Clr Findley)                                                                                                     MIN16.689

That the meeting be adjourned until 5.50pm.

CARRIED

Procedural Motion - Resumption of Meeting

RESOLVED (Clr Findley)                                                                                                     MIN16.690

That the meeting resume at 5.54pm when the following members were present.

Mayor Amanda Findley - Chairperson

Clr Joanna Gash

Clr John Wells

Clr Patricia White

Clr John Levett

Clr Nina Cheyne

Clr Annette Alldrick

Clr Kaye Gartner

Clr Andrew Guile

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot

CARRIED

SN16.1       Sea Level Rise Projection in Shoalhaven: Science and Policy

HPERM Ref: D16/296674

Recommendation

1.    That Council consider, as part of their review process of existing Sea Level Rise Policy review, adopting a precautionary principle to sea level rise policy/adaption to climate change and that future policies include a statement of intent that informs a more detailed policy position including a scientifically supported planning horizon for the Shoalhaven.

Note: The Committee expressed their concerns on the apparent lack of credible and widely accepted competent scientific basis upon which the current Council adopted their Policy.

2.    That Council:

a.    Consider adopting a more holistic approach managing Sea Level Rise and Climate change risk.

b.    Adopt a four year review cycle for the above mentioned policies.

c.    Report back to the Committee if the peer review of the legal advice known as Attachment D on 10 February 2015 was undertaken.

RESOLVED (Clr Watson / Clr Wells)                                                                                   MIN16.691

That the Report of the Shoalhaven Natural Resources and Floodplain Management Committee - SN16.1 - Sea Level Rise Projection in Shoalhaven: Science and Policy be moved for information and the Committee be thanked for their comments.

For:            Clr Gash, Clr Wells, Clr White, Clr Levett, Clr Cheyne, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson and Clr Kitchener

Against:    Clr Findley, Clr Gartner and Clr Proudfoot

CARRIED

AB16.1       Rebranding of the Shoalhaven City Arts Centre - Discussion Paper

HPERM Ref: D16/296689

Recommendation

That the Shoalhaven Arts Board recommend the Shoalhaven City Arts Centre be renamed to Shoalhaven Regional Gallery, Nowra.

Option 1: Shoalhaven Regional Gallery, Nowra

Option 2: Nowra Regional Gallery – NRG

Option 3: Shoalhaven Nowra Regional Gallery - SNRG

RESOLVED (Clr Guile / Clr Wells)                                                                                       MIN16.692

That the Shoalhaven City Arts Centre be renamed to Shoalhaven Regional Gallery, Nowra.

CARRIED

CL16.3       Electronic Recording of Council and Committee Meetings

HPERM Ref: D16/305702

Recommendation

That the Code of Meeting Practice be amended to state the following at Clause 9.12:

“Recording of Council Meeting

1.    Council will allow the electronic recording by any person of an open session of any Council meeting and open meetings of the Development Committee and Strategy and Assets Committee.

2.    No person shall electronically record the proceeding of any Council Committee other than outlined in subclause 1 above, without that Committee passing a resolution to allow the recording.

3.    Under no circumstances shall any confidential session of a Council or Committee meeting be electronically recorded

4.    That a statement be made at the commencement of meetings subject to subclause (1) above to advise those in attendance that their image and voice whilst at the meeting may be captured and/or broadcast and their continuing attendance is acceptance of that recording.”

RESOLVED (Clr Guile / Clr Kitchener)                                                                                MIN16.693

That the Code of Meeting Practice be amended to state the following at Clause 9.12:

“Recording of Council Meeting

1.    Council will allow the electronic recording by any person of an open session of any Council meeting and open meetings of Committees.

2.    Under no circumstances shall any confidential session of a Council or Committee meeting be electronically recorded

3.    That a statement be made by the Chairperson at the commencement of meetings subject to subclause (1) above to advise those in attendance that their image and voice whilst at the meeting may be captured and/or broadcast and their continuing attendance is acceptance of that recording.”

4.    That an advisory note be placed on agendas for all meetings and signage in the Council Chambers advising recording is permitted.

CARRIED

CL16.4       Declaration of Poll - Ordinary Election - Saturday 10 September 2016

HPERM Ref: D16/290784

Recommendation

That the report of the General Manager regarding the Declaration of Poll, Ordinary Election, Saturday 10 September 2016, be received for information.

RESOLVED (Clr Wells / Clr Gartner)                                                                                   MIN16.694

That the report of the General Manager regarding the Declaration of Poll, Ordinary Election, Saturday 10 September 2016, be received for information.

CARRIED

CL16.5       Election of Deputy Mayor and Assistant Deputy Mayor for the Ensuing Year

HPERM Ref: D16/291146

Recommendation

That Council determine the method of election and then conduct an election for Deputy Mayor and Assistant Deputy Mayor for the period until September 2017.

RESOLVED (Clr Watson / Clr Guile)                                                                                   MIN16.695

That the election of Deputy Mayor and Assistant Deputy Mayor be conducted by an open show of hands.

CARRIED

Craig Milburn, Director Corporate and Community Services as the Returning Officer informed the meeting that three nominations had been received for the position of Deputy Mayor, the nominations being for Clr White, Clr Watson and Clr Kitchener.

At this time Clr Watson withdrew his nomination reducing the nominations to two.

Mr Milburn called for nominations from the floor and no more were recevied.

Mr Milburn called for a show of hands and declared Clr Kitchener the Deputy Mayor for the ensuing year on a count of 10 votes.

Craig Milburn, Director Corporate and Community Services as the Returning Officer informed the meeting that two nominations had been received for the position of Assistant Deputy Mayor, the nominations being for Clr White and Clr Pakes.

Mr Milburn called for nominations from the floor and no more were recevied.

Mr Milburn called for a show of hands and declared Clr White the Assistant Deputy Mayor for the ensuing year on a count of 8 votes.

CL16.6       Instruments of Delegation - Mayor and General Manager

HPERM Ref: D16/304939

Recommendation

That Council

1.    Delegate to the General Manager the authority as outlined in the Instrument of Delegation provided as Attachment 1 to this report

2.    Delegate to the Mayor, Councillor Amanda Findely the authority as outlined in the Instrument of Delegation as provided as Attachment 2 to this report

3.    That for the period 4 October 2016 to 30 October 2017, one of the persons (determined by the Mayor at the relevant time) holding the position of:

a.    Director of Assets & Works;

b.    Director of Corporate & Community;

c.    Director of Planning & Development; or

d.    Director of Shoalhaven Water,

be appointed to act as General Manager if the General Manager is sick or otherwise absent from work on leave or for any other purpose.  Such appointment is to cease upon the return to work of the General Manager or by other resolution of the Council.

4.    That any person acting as General Manager pursuant to this resolution has all the functions, delegations, and sub-delegations given to the General Manager by the Council.

RESOLVED (Clr Watson / Clr White)                                                                                  MIN16.696

That:

1.    Council delegate to the General Manager the authority as outlined in the Instrument of Delegation provided as Attachment 1 to this report

2.    Council delegate to the Mayor, Councillor Amanda Findely the authority as outlined in the Instrument of Delegation as provided as Attachment 2 to this report

3.    For the period 4 October 2016 to 30 October 2017, one of the persons (determined by the Mayor at the relevant time) holding the position of:

a.    Director of Assets & Works;

b.    Director of Corporate & Community;

c.    Director of Planning & Development; or

d.    Director of Shoalhaven Water,

be appointed to act as General Manager if the General Manager is sick or otherwise absent from work on leave or for any other purpose.  Such appointment is to cease upon the return to work of the General Manager or by other resolution of the Council.

4.    Any person acting as General Manager pursuant to this resolution has all the functions, delegations, and sub-delegations given to the General Manager by the Council.

CARRIED

CL16.7       Ordinary Meeting - Order of Business

HPERM Ref: D16/294825

Recommendation

1.    That Council adopt the Order of Business, as follows, for the Ordinary Meetings of Council:

a.    Opening Prayer

b.    Acknowledgement of Traditional Custodians

c.    Australian National Anthem

d.    Apologies/Leave of Absence

e.    Confirmation of Minutes

f.     Declarations of Interest

g.    Presentation of Petitions

h.    Mayoral Minutes

i.     Deputations

j.     Report of Committees

k.    Report of the Shoalhaven Traffic Committee

l.     Officers Reports

m.   Notices of Motion and Questions on Notice

n.    Addendum Reports

o.    Confidential Report of the General Manager

*If any items of business require attendance of specialist staff (eg Legal, Insurance, Property) then Council will generally consider those items following the Deputations

MOtion (Clr Wells / Clr Findley)

That Council adopt the Order of Business, as follows, for the Ordinary Meetings of Council:

a.      Acknowledgement of Traditional Custodians

b.      Opening Prayer

c.    Australian National Anthem

d.    Apologies/Leave of Absence

e.    Confirmation of Minutes

f.     Declarations of Interest

g.    Presentation of Petitions

h.    Deputations

i.     Mayoral Minutes

j.     Report of Committees

k.    Report of the Shoalhaven Traffic Committee

l.     Officers Reports

m.   Notices of Motion and Questions on Notice

n.    Addendum Reports

o.    Confidential Report of the General Manager

*If any items of business require attendance of specialist staff (eg Legal, Insurance, Property) then Council will generally consider those items following the Deputations

Amendment (Clr Watson / Clr Pakes)

That Council adopt the Order of Business, as follows, for the Ordinary Meetings of Council:

a.      Acknowledgement of Traditional Custodians

b.      Opening Prayer

c.    Australian National Anthem

d.    Apologies/Leave of Absence

e.    Confirmation of Minutes

f.     Declarations of Interest

g.    Presentation of Petitions

h.    Deputations

i.     Mayoral Minutes

j.     Notices of Motion and Questions on Notice

k.    Report of Committees

l.     Report of the Shoalhaven Traffic Committee

m.   Officers Reports

n.    Addendum Reports

o.    Confidential Report of the General Manager

carried

For:            Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Levett, Clr Cheyne, Clr Alldrick, Clr Gartner, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot

Against:    Nil

RESOLVED (Clr Wells / Clr Findley)                                                                                   MIN16.697

That Council adopt the Order of Business, as follows, for the Ordinary Meetings of Council:

a.      Acknowledgement of Traditional Custodians

b.      Opening Prayer

c.      Australian National Anthem

d.      Apologies/Leave of Absence

e.      Confirmation of Minutes

f.       Declarations of Interest

g.      Presentation of Petitions

h.      Deputations and Presentations

i.       Mayoral Minutes

j.       Notices of Motion and Questions on Notice

k.      Report of Committees

l.       Report of the Shoalhaven Traffic Committee

m.    Officers Reports

n.      Addendum Reports

o.      Confidential Report of the General Manager

*If any items of business require attendance of specialist staff (eg Legal, Insurance, Property) then Council will generally consider those items following the Deputations

For:            Clr Findley, Clr Levett, Clr Cheyne, Clr Alldrick, Clr Gartner, Clr Watson, Clr Kitchener and Clr Proudfoot

Against:    Clr Gash, Clr Wells, Clr White, Clr Guile and Clr Pakes

CARRIED

CL16.8       Determination of Core Committees

HPERM Ref: D16/290900

Recommendation

That

1.    Pursuant to Section 355(b) – Local Government Act ,1993  and Clause 260 of the Local Government (General) Regulation, 2005 Council establish the ‘Core’ Council Committees as:

a.    Strategy and Assets Committee

b.    Development Committee

2.    The Delegations of the Strategy and Assets Committee be as follows:

Strategy and Assets Committee

THAT pursuant to s377 (1) of the Local Government Act 1993:

A       The Committee is delegated the functions conferred on Council by the Local Government Act 1993 (LG Act) or any other Act or delegated to Council, as are specified in the Schedule, subject to the following limitations:

i.        The Committee cannot exercise any function delegated to the Council which by the terms of that delegation cannot be sub-delegated;

ii.       The Committee cannot exercise any function which s377(1) of the LG Act provides cannot be delegated by Council;

iii.      The Committee cannot exercise a function which is expressly required by the LG Act or any other Act to be exercised by resolution of the Council; and

iv.      The Committee cannot exercise any function which is a function of the General Manager under s335 of the LG Act.

SCHEDULE

1.       Make recommendations to Council and, where permitted under legislation consider, formulate, review and adopt policies in relation to Council’s corporate & community planning under Part 2 of Chapter 13 of the LG Act, asset management and in connection with the other functions listed in this Schedule and in particular to Make recommendations to Council in respect of the content of Council’s community strategic plan, delivery program, resourcing strategy and operational plan within the meaning of Part 2 of Chapter 13 of the LG Act;

2.       Make recommendations to Council and consider, formulate, review and adopt Council policies, plans and strategies other than those in respect of town planning and environmental matters, and any other matter referred to the Committee by the General Manager.

3.       Make recommendations in respect of the introduction of new fees or charges or the alteration of existing fees and charges for inclusion in the Council’s next operational plan within the meaning of s405 of the LG Act;

4.       Monitor, review and consider matters relating to the operations and strategic direction of Council’s Holiday Haven Tourist Parks Group;

5.       All functions in respect of the management of, and facilities provided on Crown Land in respect of which Council is the ‘reserve trust manager’ within the meaning of s92 of the Crown Lands Act 1989, and the making of recommendations to Council regarding such matters where the function cannot be delegated by Council;

6.       Provision of corporate direction to the Shoalhaven Water Group in respect of powers delegated to it by Council regarding the construction, alteration or maintenance of water and sewerage works, effluent works and pump out removal;

7.       Authorise the expenditure of funds raised under s64 of the LG Act within the limits outlined in, and in accordance with Council’s adopted Development Servicing Plan and other relevant adopted Council policies;

8.       Make recommendations to Council in respect of fees and charges for water and wastewater services provided by Council;

9.       Develop, implement, review and adopt strategic policies for water, sewerage and effluent operations of Council;

10.     Undertake preliminary investigations (feasibility, cost benefit, risk analysis, etc.) into development opportunities for Council’s strategic land holdings and make recommendations to Council.

11.     Review and make recommendations to Council in relation to:

a)      The sale prices of land in connection with residential and industrial Council subdivisions;

b)      The sale of Council property or the purchase or resumption of land;

c)      The compensation to be offered in respect of land resumed by Council; and

d)      Properties leased or rented by Council, other than those delegated to the General Manager for approval and execution in accordance with MIN14.912 and MIN15.237 of the Council.

3.    The Delegations of the Development Committee be as follows:

Development Committee

THAT pursuant to s377 (1) of the Local Government Act 1993:

A.      The Committee is delegated the functions conferred on Council by the Environmental Planning & Assessment Act 1979 (EPA Act), Local Government Act 1993 (LG Act) or any other Act or delegated to Council, as are specified in the attached Schedule, subject to the following limitations:

i.        The Committee cannot make a decision to make a local environmental plan to classify or reclassify public land under Division 1 of Part 2 of Chapter 6 of the LG Act;

ii.       The Committee cannot review a s82A or s96AB EPA Act determination made by the Council or by the Committee itself;

iii.      The Committee cannot exercise any function delegated to the Council which by the terms of that delegation cannot be sub-delegated;

iv.      The Committee cannot exercise any function which s377(1) of the LG Act provides cannot be delegated by Council; and

v.       The Committee cannot exercise a function which is expressly required by the LG Act or any other Act to be exercised by resolution of the Council.

SCHEDULE

1.       All functions relating to the preparation, making, and review of local environmental plans (LEPs) and development control plans (DCPs) under Part 3 of the EPA Act.

2.       All functions relating to the preparation, making, and review of contributions plans and the preparation, entry into, and review of voluntary planning agreements under Part 4 of the EPA Act.

3.       The preparation, adoption, and review of policies and strategies of the Council in respect of town planning and environmental matters and the variation of such policies.

4.       Determination of variations to development standards related to development applications under the EPA Act where the development application involves a development which breaches a development standard by more than 10% and the application is accompanied by a request to vary the development standard under clause 4.6 of Shoalhaven Local Environmental Plan 2014 or an objection to the application of the development standard under State Environmental Planning Policy No. 1 – Development Standards.

5.       Determination of variations from the acceptable solutions and/or other numerical standards contained within the DCP or a Council Policy that the General Manager requires to be determined by the Committee

6.       Determination of development applications that Council requires to be determined by the Committee on a case by case basis.

7.       Review of all determinations of development applications under sections 82A and 96AB of the EP&A Act.

8.       Preparation, review, and adoption of policies and guidelines in respect of the determination of development applications by other delegates of the Council.

4.    The membership and quorums be as set as follows:

i.     Strategy and Assets Committee

Membership:

·    Mayor

·    All Councillors

·    General Manager (or nominee)

       Chairperson has casting vote

       Quorum: Five (5)

ii.     Development Committee

Membership:

·    Mayor

·    All Councillors

·    General Manager (or nominee)

       Chairperson has casting vote

       Quorum: Five (5) 

5.    That the following Councillors be appointed as Chairperson and Deputy Chairperson of  the Core Committees:

a.    Development Committee

i.     Chairperson

ii.     Deputy Chairperson

b.    Strategy and Assets Committee

i.     Chairperson

ii.     Deputy Chairperson

RESOLVED (Clr Findley / Clr Gartner)                                                                                MIN16.698

That

1.    Pursuant to Section 355(b) – Local Government Act ,1993  and Clause 260 of the Local Government (General) Regulation, 2005 Council establish the ‘Core’ Council Committees as:

a.    Strategy and Assets Committee

b.    Development Committee

2.    The Delegations of the Strategy and Assets Committee be as follows:

Strategy and Assets Committee

THAT pursuant to s377 (1) of the Local Government Act 1993:

A       The Committee is delegated the functions conferred on Council by the Local Government Act 1993 (LG Act) or any other Act or delegated to Council, as are specified in the Schedule, subject to the following limitations:

i.        The Committee cannot exercise any function delegated to the Council which by the terms of that delegation cannot be sub-delegated;

ii.       The Committee cannot exercise any function which s377(1) of the LG Act provides cannot be delegated by Council;

iii.      The Committee cannot exercise a function which is expressly required by the LG Act or any other Act to be exercised by resolution of the Council; and

iv.      The Committee cannot exercise any function which is a function of the General Manager under s335 of the LG Act.

SCHEDULE

1.       Make recommendations to Council and, where permitted under legislation consider, formulate, review and adopt policies in relation to Council’s corporate & community planning under Part 2 of Chapter 13 of the LG Act, asset management and in connection with the other functions listed in this Schedule and in particular to Make recommendations to Council in respect of the content of Council’s community strategic plan, delivery program, resourcing strategy and operational plan within the meaning of Part 2 of Chapter 13 of the LG Act;

2.       Make recommendations to Council and consider, formulate, review and adopt Council policies, plans and strategies other than those in respect of town planning and environmental matters, and any other matter referred to the Committee by the General Manager.

3.       Make recommendations in respect of the introduction of new fees or charges or the alteration of existing fees and charges for inclusion in the Council’s next operational plan within the meaning of s405 of the LG Act;

4.       Monitor, review and consider matters relating to the operations and strategic direction of Council’s Holiday Haven Tourist Parks Group;

5.       All functions in respect of the management of, and facilities provided on Crown Land in respect of which Council is the ‘reserve trust manager’ within the meaning of s92 of the Crown Lands Act 1989, and the making of recommendations to Council regarding such matters where the function cannot be delegated by Council;

6.       Provision of corporate direction to the Shoalhaven Water Group in respect of powers delegated to it by Council regarding the construction, alteration or maintenance of water and sewerage works, effluent works and pump out removal;

7.       Authorise the expenditure of funds raised under s64 of the LG Act within the limits outlined in, and in accordance with Council’s adopted Development Servicing Plan and other relevant adopted Council policies;

8.       Make recommendations to Council in respect of fees and charges for water and wastewater services provided by Council;

9.       Develop, implement, review and adopt strategic policies for water, sewerage and effluent operations of Council;

10.     Undertake preliminary investigations (feasibility, cost benefit, risk analysis, etc.) into development opportunities for Council’s strategic land holdings and make recommendations to Council.

11.     Review and make recommendations to Council in relation to:

a)      The sale prices of land in connection with residential and industrial Council subdivisions;

b)      The sale of Council property or the purchase or resumption of land;

c)      The compensation to be offered in respect of land resumed by Council; and

d)      Properties leased or rented by Council, other than those delegated to the General Manager for approval and execution in accordance with MIN14.912 and MIN15.237 of the Council.

3.    The Delegations of the Development Committee be as follows:

Development Committee

THAT pursuant to s377 (1) of the Local Government Act 1993:

A.      The Committee is delegated the functions conferred on Council by the Environmental Planning & Assessment Act 1979 (EPA Act), Local Government Act 1993 (LG Act) or any other Act or delegated to Council, as are specified in the attached Schedule, subject to the following limitations:

i.        The Committee cannot make a decision to make a local environmental plan to classify or reclassify public land under Division 1 of Part 2 of Chapter 6 of the LG Act;

ii.       The Committee cannot review a s82A or s96AB EPA Act determination made by the Council or by the Committee itself;

iii.      The Committee cannot exercise any function delegated to the Council which by the terms of that delegation cannot be sub-delegated;

iv.      The Committee cannot exercise any function which s377(1) of the LG Act provides cannot be delegated by Council; and

v.       The Committee cannot exercise a function which is expressly required by the LG Act or any other Act to be exercised by resolution of the Council.

SCHEDULE

1.       All functions relating to the preparation, making, and review of local environmental plans (LEPs) and development control plans (DCPs) under Part 3 of the EPA Act.

2.       All functions relating to the preparation, making, and review of contributions plans and the preparation, entry into, and review of voluntary planning agreements under Part 4 of the EPA Act.

3.       The preparation, adoption, and review of policies and strategies of the Council in respect of town planning and environmental matters and the variation of such policies.

4.       Determination of variations to development standards related to development applications under the EPA Act where the development application involves a development which breaches a development standard by more than 10% and the application is accompanied by a request to vary the development standard under clause 4.6 of Shoalhaven Local Environmental Plan 2014 or an objection to the application of the development standard under State Environmental Planning Policy No. 1 – Development Standards.

5.       Determination of variations from the acceptable solutions and/or other numerical standards contained within the DCP or a Council Policy that the General Manager requires to be determined by the Committee

6.       Determination of development applications that Council requires to be determined by the Committee on a case by case basis.

7.       Review of all determinations of development applications under sections 82A and 96AB of the EP&A Act.

8.       Preparation, review, and adoption of policies and guidelines in respect of the determination of development applications by other delegates of the Council.

4.    The membership and quorums be as set as follows:

i.     Strategy and Assets Committee

Membership:

·    Mayor

·    All Councillors

·    General Manager (or nominee)

       Chairperson has casting vote

       Quorum: Five (5)

ii.     Development Committee

Membership:

·    Mayor

·    All Councillors

·    General Manager (or nominee)

       Chairperson has casting vote

       Quorum: Five (5) 

5.    That Councillors be appointed as Chairperson and Deputy Chairperson of  the Core Committees at their first meetings:

For:            Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Levett, Clr Cheyne, Clr Alldrick and Clr Gartner

Against:    Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot

CARRIED

CL16.9       Determination of Date and Time of "Core" Council Committee Meetings, Ordinary Meetings and Councillor Briefings

HPERM Ref: D16/290979

Recommendation

That Council:

1.    Adopt a schedule of meeting dates as per the attached schedule providing:

a.    a Three (3) week cycle of meeting dates per month, held on a Tuesday as follows:

i.     Week 1 – Development Committee;

ii.     Week 2 – Strategy and Assets Committee;

iii.    Week 3 – Ordinary Meeting.

b.    Meetings and briefings not being held during the following periods:

i.     Christmas break, including the first Two (2) weeks of January 2017

ii.     Easter break;

iii.    Australian Local Government Association General Assembly - 18 to 21 June 2017;

iv.   The first Two (2) weeks of July 2017

v.    Local Government Association Conference - 4 to 6 December 2017.

2.    Reaffirm the authorisations to the General Manager as set out in the report; and

3.    Determine the start time for Council and Committee meetings and Councillor Briefings, to be generally at 4:00 pm.

RESOLVED (Clr White / Clr Wells)                                                                                      MIN16.699

That Council:

1.    For the period to the end of December 2016 the following be adopted:

a.    Adopt a schedule of meeting dates as per the attached schedule providing:

i.     a Three (3) week cycle of meeting dates per month, held on a Tuesday as follows through to the end of December 2016:

1.    Week 1 – Development Committee;

2.    Week 2 – Strategy and Assets Committee;

3.    Week 3 – Ordinary Meeting.

b.    Determine the start time for Council and Committee meetings and Councillor Briefings, to be generally at 4:00 pm.

2.    Meetings and briefings not being held during the following periods:

i.     Christmas break, including the first Two (2) weeks of January 2017

ii.     Easter break;

iii.    Australian Local Government Association General Assembly - 18 to 21 June 2017;

iv.   The first Two (2) weeks of July 2017

v.    Local Government Association Conference - 4 to 6 December 2017.

3.    Reaffirm the authorisations to the General Manager as set out in the report; and

4.    That the General Manager seek information from Councillors as to their perferred meeting days and times and report to the November 2016 Ordinary meeting the outcomes of these discussions and proposing a new meeting schedule commencing January 2017.

CARRIED

CL16.10     Community Consultation & Committee System

HPERM Ref: D16/290524

Recommendation

1.    That Establish the Risk and Audit Committee (39763E) pursuant to Section 355 – Local Government Act and pursuant to Section 377 - Local Government Act authorize the Committee to carry out the roles and responsibilities in accordance with the Audit Committee guidelines published by the Office of Local Government and Council’s Audit Committee charter with the objective, membership, sitting fee, and quorum as outlined in the report.

2.    Establish the Regional Development Committee (39964E) pursuant to Section 355 and Section 377 of the Local Government Act, with delegation, membership and quorum as outlined in the report.

3.    Establish the Senior Staff Contractual Matters Committee (5001E) pursuant to Section 355 and Section 377 of the Local Government Act, with delegation, membership and quorum as outlined in the report.

4.    Establish the following Boards, Advisory Committees, Working Parties and Reference Groups with the purpose, delegation (if applicable) Pursuant to Section 355 and Section 377 – Local Government Act, membership and quorum detailed hereunder:

a.    Aboriginal Advisory Committee

b.    Business and Employment Development Committee

c.    Children’s Services Reference Group

d.    Council Bushcare Representative Group

e.    Nowra CBD Revitalisation Strategy

f.     Rural Fire Service Strategic Planning Committee

g.    Shoalhaven Access Advisory Committee

h.    Shoalhaven Arts Board

i.     Shoalhaven City Mayor’s Relief Fund

j.     Shoalhaven Heads Estuary Taskforce

k.    Shoalhaven Natural Resources & Floodplain Management Committee

l.     Shoalhaven Sports Board

m.   Shoalhaven Tourism Advisory Group

n.    Youth Advisory Committee

RESOLVED (Clr Findley / Clr Levett)                                                                                  MIN16.700

That Council establish the Risk and Audit Committee (39763E) pursuant to Section 355 – Local Government Act and pursuant to Section 377 - Local Government Act authorize the Committee to carry out the roles and responsibilities in accordance with the Audit Committee guidelines published by the Office of Local Government and Council’s Audit Committee charter with the objective, membership, sitting fee, and quorum as outlined below.

CARRIED

RESOLVED (Clr Findley / Clr Gash)                                                                                   MIN16.701

That Council establish the Regional Development Committee (39964E) pursuant to Section 355 and Section 377 of the Local Government Act, with delegation, membership and quorum as outlined below

CARRIED

RESOLVED (Clr Findley / Clr Kitchener)                                                                             MIN16.702

That Council establish the Senior Staff Contractual Matters Committee (5001E) pursuant to Section 355 and Section 377 of the Local Government Act, with delegation, membership and quorum as outlined below.

CARRIED

RESOLVED (Clr Findley / Clr Kitchener)                                                                             MIN16.703

That Council establish the following Boards, Advisory Committees, Working Parties and Reference Groups with the purpose, delegation (if applicable) Pursuant to Section 355 and Section 377 – Local Government Act, membership and quorum detailed hereunder:

a.    Aboriginal Advisory Committee

b.    Business and Employment Development Committee

c.    Children’s Services Reference Group

d.    Council Bushcare Representative Group

e.    Nowra CBD Revitalisation Strategy

f.     Rural Fire Service Strategic Planning Committee

g.    Shoalhaven Access Advisory Committee

h.    Shoalhaven Arts Board

i.     Shoalhaven City Mayor’s Relief Fund

j.     Shoalhaven Heads Estuary Taskforce

k.    Shoalhaven Natural Resources & Floodplain Management Committee

l.     Shoalhaven Sports Board

m.   Shoalhaven Tourism Advisory Group

n.    Youth Advisory Committee

CARRIED

Procedural Motion – Extension of Meeting

RESOLVED (Clr Watson)                                                                                                     MIN16.704

That the meeting be extended to 7:30pm at which time it will adjourn to reconvene on Monday 10 October 2016 directly after the Development Committee.

CARRIED

CL16.11     Council Representatives on Other Committees or Organisations Outside of Council

HPERM Ref: D16/290652

Recommendation

That Council resolve the representative membership of Councillors and other delegates on other Committees or Organisations Outside of Council for the period to 30 September 2017.

RESOLVED (Clr Findley / Clr Kitchener)                                                                             MIN16.705

That the following representative membership of Councillors and other delegates on other Committees or Organisations Outside of Council be appointed for the period to 30 September 2017

a.        

b.        

c.        

d.        

e.

f.         

g.        

h.        

i.         

j.         

k.        

l.         

m.       

n.        

o.        

p.        

q.        

r.         

s.        

t.        The membership and purpose of the Southern Water Services Pty Ltd be deferred pending a briefing of Councillors

u.        

v.        

w.      that no council representatives be appointed to the Vincentia High School Hall Management Committee as it has been disbanded.

CARRIED

CL16.12     Section 355 Management Committees

HPERM Ref: D16/294914

Recommendation

That:

1.    The Section 355 Management Committees listed in this report, retain their delegated responsibility pursuant to Section 377 – LG Act for the care control and management of their facilities with authority to expend up to an amount of $5,000 consistent with the delegation; and

2.    The authorisation to the General Manager to appoint members as required be confirmed.

3.    The following Section 355 Management Committees be renewed, however discussions commence to transition these Committees to an occupancy agreement within 2 years:

a.    Ahimsa Sailing Club Management Committee

b.    Jervis Bay Maritime Museum

c.    Nowra Communal Hall

d.    Vincentia Sailing Club

e.    West Street Oval

4.    The Finkernagel Reserve be renewed however discussions commence to transition this Committee to an annual seasonal sportsground allocation process within 2 years.

5.    Council receive a report within the next 2 years outlining the status of the above Committees transition to an occupancy agreement or annual seasonal sportsground allocation process and therefore no longer function as a Management Committee.

RESOLVED (Clr Wells / Clr White)                                                                                      MIN16.706

That:

1.    The Section 355 Management Committees listed in this report, retain their delegated responsibility pursuant to Section 377 – LG Act for the care control and management of their facilities with authority to expend up to an amount of $5,000 consistent with the delegation; and

2.    The authorisation to the General Manager to appoint members as required be confirmed.

3.    The following Section 355 Management Committees be renewed, however discussions commence to transition these Committees to an occupancy agreement within 2 years:

a.    Ahimsa Sailing Club Management Committee

b.    Jervis Bay Maritime Museum

c.    Nowra Communal Hall

d.    Vincentia Sailing Club

e.    West Street Oval

4.    The Finkernagel Reserve be renewed however discussions commence to transition this Committee to an annual seasonal sportsground allocation process within 2 years.

5.    Council receive a report within the next 2 years outlining the status of the above Committees transition to an occupancy agreement or annual seasonal sportsground allocation process and therefore no longer function as a Management Committee.

CARRIED

Procedural Motion - Resumption of Meeting

RESOLVED (Amanda Findley)                                                                                            MIN16.707

That the meeting resume Monday 10 October 2016, 5:00pm when the following members were present.

Mayor Amanda Findley - Chairperson

Clr Joanna Gash

Clr John Wells

Clr Patricia White

Clr John Levett

Clr Nina Cheyne

Clr Annette Alldrick

Clr Kaye Gartner

Clr Andrew Guile

Clr Mitchell Pakes

Clr Greg Watson

Clr Bob Proudfoot

CARRIED

Procedural Motion – Introduction of Addendum and En Block Resolve

RESOLVED (Clr Guile / Clr White)                                                                                      MIN16.708

That:

4.      The Addendum Report – CL16.55 be introduced as a matter of urgency due to the urgent business of Council

5.      That items CL16.14, CL16.15, CL16.20, CL16.23, CL16.24, CL16.34, CL16.35, CL16.36, CL16.55 be resolved en block

CARRIED

Note: Items marked with * were resolved ‘en block’

Motion

RESOLVED (Clr White / Clr Cheyne)                                                                                  MIN16.709

That the Council meeting move into confidential session at the conclusion of the deputation.

That the Ordinary Meeting exclude the press and public from the Meeting, pursuant to section 10A(1)(a) of the Local Government Act, 1993, to consider the following items of a confidential nature at the conclusion of the deputation.

CCL16.1         Tenders – Tree Services Supplier Panel - 2016/2019

Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.10(A)(2)(d)(i)

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.

CCL16.2         Tenders - Ison Park Football Complex Amenitites Building - Stage 1

Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.10(A)(2)(d)(i)

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.

CCL16.3         Negotiations - Provision of Management & Operations of the Ulladulla Civic Centre 2016/19

Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.10(A)(2)(d)(i)

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.

CCL16.4         Tenders – Supply Landfill Compactor

Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.10(A)(2)(d)(i)

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably expected to impact on the ability of Council to attract competitive tenders in the future.

CCL16.5         Occupancy Fees - Holiday Haven - Debt

Discussion in relation to the personal hardship of a resident or ratepayer.10(A)(2)(b)

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to impact on the ability of Council to deal with sensitive matters concerning residents or ratepayers in the future.

CCL16.6         Tenders – Analogue to DMR Digital Radio Network

Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.10(A)(2)(d)(i)

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.

CCL16.7         Tenders – Mandatory Portable Electrical Items Test & Tag

Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.10(A)(2)(d)(i)

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.

CCL16.8         Tenders – Nowra to REMS 1A Transfer Main

Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.10(A)(2)(d)(i)

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.

CCL16.9         Contract – Jerberra Estate Electrical and Communications Infrastructure Trenching

Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.10(A)(2)(d)(i)

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.

CARRIED

Deputations

CCL16.1    Tenders – Tree Services Supplier Panel - 2016/2019

HPERM Ref: D16/294059

RESOLVED (Clr Gash / Clr Gartner)                                                                                MIN16.710C

That

1.    Council appoint the following suppliers  to the Tree Services – Preferred Supplier Panels for the term of three(3) years - 1 July 2016 to 30 June 2019 with an option for a one(1) year + one(1) year extension as stated:

CARRIED

CCL16.2    Tenders - Ison Park Football Complex Amenitites Building - Stage 1

HPERM Ref: D16/292722

RESOLVED (Clr Wells / Clr Gash)                                                                                    MIN16.711C

That Council

4.    The recommendation remain Confidential in accordance with Section 10(A)(2)(d)(i) of the Local Government Act until Tenders are determined by Council.

CARRIED

CCL16.3    Negotiations - Provision of Management & Operations of the Ulladulla Civic Centre 2016/19

HPERM Ref: D16/290897

RESOLVED (Clr Findley / Clr Gartner)                                                                             MIN16.712C

That the matter of Negotiations - Provision of Management & Operations of the Ulladulla Civic Centre 2016/19 be deferred to a Councillor briefing for further discussion.

CARRIED

CCL16.4    Tenders – Supply Landfill Compactor

HPERM Ref: D16/293241

RESOLVED (Clr Wells / Clr White)                                                                                   MIN16.713C

That

1.    Council accept the tender from GCM Enviro Pty Limited for the supply and delivery of a new Tana E520 landfill compactor at a total cost of $1,054,700 excluding GST.

2.    Council accept the offer of GCM Enviro Pty Limited for a trade in of the existing Council landfill compactor in the amount of $200,000 excluding GST.

3.    Authorise the General Manager (Director of Assets & Works) to finalise and execute the contract with GCM Enviro Pty Ltd on behalf of Council

4.    Authorise the General Manager (Director of Assets and Works) to adjust the contract for variations under the contract

CARRIED

CCL16.5    Occupancy Fees - Holiday Haven - Debt

HPERM Ref: D16/291900

RESOLVED (Clr Guile / Clr White)                                                                                   MIN16.714C

That Council write off the outstanding occupancy fees for Sites 126, Ulladulla Headland Holiday Park; Site 101, Cullburra Beach Holiday Park and Site 63, Huskisson Beach Holiday Park as detailed in the confidential report.

CARRIED

CCL16.6    Tenders – Analogue to DMR Digital Radio Network

HPERM Ref: D16/291568

RESOLVED (Clr Guile / Clr White)                                                                                   MIN16.715C

That

1.    Council accept the Tender from Logic Wireless for the supply of digital radio equipment and engineering services based on their submitted schedule of rates

2.    Authorise the General Manager (Shoalhaven Water) to finalise and execute the contract with Logic Wireless on behalf of Council.

3.    Authorise the General Manager (Shoalhaven Water) to adjust the contract for variations for components under the contract.

CARRIED

CCL16.7    Tenders – Mandatory Portable Electrical Items Test & Tag

HPERM Ref: D16/292430

RESOLVED (Clr Guile / Clr White)                                                                                   MIN16.716C

That

1.    Council accept the Tender from SPA Trade Services to carry out Mandatory Portable Electrical Items Testing and Tagging  based on their tendered schedule of rates, for a 3 year period with an optional 1 year extension

2.    Authorise the General Manager (Shoalhaven Water) to finalise and execute the contract with SPA Trade Services on behalf of Council.

3.    Authorise the General Manager (Shoalhaven Water) to adjust the contract for variations for components under the contract.

CARRIED

CCL16.8    Tenders – Nowra to REMS 1A Transfer Main

HPERM Ref: D16/305660

RESOLVED (Clr Wells / Clr White)                                                                                   MIN16.717C

That Council

4.    The recommendation remain confidential in accordance with Section 10(A)(2)(d)(i) of the Local Government Act until negotiations are final.

CARRIED

CCL16.9    Contract – Jerberra Estate Electrical and Communications Infrastructure Trenching

HPERM Ref: D16/313160

RESOLVED (Clr Watson / Clr Guile)                                                                                MIN16.718C

That

1.    Council accepts the quotation of $240,175.11(GST exclusive) received from Select Civil for the electrical trenching and communications infrastructure works at Jerberra Estate,

2.    Under section 55(3)(i) of the Local Government Act (1993), Council resolves not to tender this work due to the following extenuating circumstances;

a.    There are significant project cost savings to be made in expediting the works of which this contract is part, as any time delay will result in rework of constructed road and associated infrastructure

b.    South East Power Lines and Electrical Services Pty Ltd have commenced work and the component for electrical trenching is required to commence on 17 October 2016

c.    There is an immediate need to complete the communications infrastructure to ensure all road crossings are installed and back-filled prior to the final road pavement construction

3.    Authorise the General Manager to finalise and execute a contract with Select Civil Pty Ltd limited on behalf of Council;

4.    Authorise the General Manager to adjust the contract for variations under the contract.

CARRIED

CL16.13     Live Web Streaming - Council Meetings

HPERM Ref: D16/294806

Recommendation

That Council not proceed with web streaming of Council meetings.

RESOLVED (Clr White / Clr Wells)                                                                                      MIN16.719

That Council not proceed with web streaming of Council meetings.

Note: and ask the community during the next community consultation survey if they would use web streaming of Council meetings.

For: Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Levett, Clr Cheyne, Clr Alldrick and Clr Gartner

Against:    Clr Guile, Clr Pakes, Clr Watson and Clr Proudfoot

CARRIED

Note: A rescission motion was lodged on this motion

CL16.14     Tender - Tree Services Supplier Panel - 2016/2019

HPERM Ref: D16/293927

RESOLVED* (Clr Guile / Clr White)                                                                                     MIN16.720

That in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, Council consider a separate confidential report on this matter.

CARRIED

CL16.15     Tender Report - Ison Park Amenities Building Stage 1 Supply & Construct

HPERM Ref: D16/292552

RESOLVED* (Clr Guile / Clr White)                                                                                     MIN16.721

That, in accordance with Section 10A(2)(d)(i) of the Local Government Act 2003, Council consider a separate confidential report on this matter

CARRIED

CL16.16     Local Government NSW Conference - Appointment of Delegates

HPERM Ref: D16/289562

Recommendation

That:

1.    Four (4) Councillors be appointed as the voting delegates for the 2016 Local Governmment NSW Annual Conference.

2.    Councillors be appointed as reserve Committee voting delegates (in order of appointment) for the 2016 Local Governmment NSW Annual Conference if required.

RESOLVED (Clr Gash / Clr White)                                                                                      MIN16.722

That:

1.    Clr Findley, Clr Wells, Clr Guile and Clr Levett be appointed as the voting delegates for the 2016 Local Governmment NSW Annual Conference.

CARRIED

CL16.17     Investment Report - August 2016

HPERM Ref: D16/292740

Recommendation

That the Report of the General Manager (Corporate Services and Community Services Group) on the Record of Investments for the period to 31^st August 2016 be received for information.

RESOLVED (Clr Wells / Clr White)                                                                                      MIN16.723

That the Report of the General Manager (Corporate Services and Community Services Group) on the Record of Investments for the period to 31^st August 2016 be received for information.

CARRIED

CL16.18     Request for Donation - Milton Follies

HPERM Ref: D16/289543

Recommendation

That Council not provide a donation to the Milton Follies to subsidise their hire fees of the Milton Theatre.

RESOLVED (Clr White / Clr Gash)                                                                                      MIN16.724

That Council agree to:

1.      Provide a donation of $2,000 per year for the next three years only to Milton Follies to subsidise the hire fees of the Milton Theatre.

2.      Funding to be allocated from the Uncommitted donations budget.

3.      Undertake a review of current allocated donations funds.

CARRIED

CL16.19     Review of the Local Government Rating System

HPERM Ref: D16/290313

Recommendation

That Council make a submission to the Independent Pricing and Regulatory Tribunal (IPART) commenting on the recommendations being proposed in the Draft Report on the Review of the Local Government Rating System.

RESOLVED (Clr Guile / Clr Gartner)                                                                                   MIN16.725

That Council make a submission to the Independent Pricing and Regulatory Tribunal (IPART) commenting on the recommendations being proposed in the Draft Report on the Review of the Local Government Rating System.

CARRIED

CL16.20     Negotiations - Provision of the Management & Operations of the Ulladulla Civic Centre 2016/19

HPERM Ref: D16/290719

RESOLVED* (Clr Guile / Clr White)                                                                                     MIN16.726

That Council consider a separate confidential report on this matter in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

CARRIED

CL16.21     Successful Grant Funding - NSW Government 2016/17 Public Reserves Management Fund Program

HPERM Ref: D16/293612

Recommendation

That Council

1.    Accept the NSW Government’s 2016/17 Public Reserve Management Fund Program grant offer of:

·     $40,000 for replacement of the Nowra Showground (Pavilion) kitchen.

·     $20,000 for remediation and re-routing of a section of Bens Walk

2.    Write to the Hon. Niall Blair MLC, Minister for Primary Industries, Minister for Lands and Water accepting and thanking him for the grant funds.

3.    Allocate funds of $10,000 from Council’s Minor Improvement Program (job no. 22107) to part meet the funding shortfall for replacement of the Nowra Showground (Pavilion) kitchen.

4.    To address the timing issue, provide the Nowra Show Society loan funds of $50,000 (to be paid off by $40,000 PRMFP grant and $10,000 Council Minor Improvement Program funds) to undertake replacement of the Nowra Showground (Pavilion) kitchen under the supervision of Council staff.

5.    Encourage the Nowra Show Society to provide cash or further in-kind support to the value of $7,000 for replacement of the Nowra Showground (Pavilion) kitchen.

RESOLVED (Clr Guile / Clr Cheyne)                                                                                   MIN16.727

That Council

1.    Accept the NSW Government’s 2016/17 Public Reserve Management Fund Program grant offer of:

·     $40,000 for replacement of the Nowra Showground (Pavilion) kitchen.

·     $20,000 for remediation and re-routing of a section of Bens Walk

2.    Write to the Hon. Niall Blair MLC, Minister for Primary Industries, Minister for Lands and Water accepting and thanking him for the grant funds.

3.    Allocate funds of $10,000 from Council’s Minor Improvement Program (job no. 22107) to part meet the funding shortfall for replacement of the Nowra Showground (Pavilion) kitchen.

4.    To address the timing issue, provide the Nowra Show Society loan funds of $50,000 (to be paid off by $40,000 PRMFP grant and $10,000 Council Minor Improvement Program funds) to undertake replacement of the Nowra Showground (Pavilion) kitchen under the supervision of Council staff.

5.    Encourage the Nowra Show Society to provide cash or further in-kind support to the value of $7,000 for replacement of the Nowra Showground (Pavilion) kitchen.

CARRIED

CL16.22     Local Government - Urban Renewal Australia Conference

HPERM Ref: D16/294869

Recommendation

That Ordinary Meeting receive the report from Clr Patricia White and Clr Lynnette Kearney on the Local Government Urban Renewal Australia Conference for information.

RESOLVED (Clr White / Clr Wells)                                                                                      MIN16.728

That Ordinary Meeting receive the report from Clr Patricia White and Clr Lynnette Kearney on the Local Government Urban Renewal Australia Conference for information.

CARRIED

CL16.23     Tenders - Supply Landfill Compactor

HPERM Ref: D16/293270

RESOLVED* (Clr Guile / Clr White)                                                                                     MIN16.729

That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

CARRIED

CL16.24     Occupancy Fees - Holiday Haven - Debt

HPERM Ref: D16/291636

RESOLVED* (Clr Guile / Clr White)                                                                                     MIN16.730

That Council, in accordance with Section 10A(2)(b) of the Local Government Act 1993, consider a separate confidential report on this matter.

CARRIED

CL16.25     Crown Land at Shoalhaven Heads

HPERM Ref: D16/291217

Item dealt with earlier in the meeting see MIN16.687

CL16.26     Proposed Sale of Land - Wire Lane Berry

HPERM Ref: D16/295369

Recommendation

That Council resolve to:

1.    Advertise its intention to sell the property at Wire Lane, Berry comprised in Lot 1 DP593975 & Lot 1 DP1217124 in accordance with Council’s policy POL12/275 “Development and/or Disposal of Council Lands” and subject to no objections being received, offer the property for sale by public auction and that the General Manager be authorised to set a reserve price based on advice from the selling agent and/or a valuer;

2.    Fund all costs associated with the sale from Job Number 88746 and the net proceeds from the sale be placed in the Strategic Property Acquisition Reserve to fund future road acquisitions and/or  works on public roads; and

3.    Authority be granted to affix the Common Seal of the Council to any documents required to be sealed and that the General Manager be authorised to sign any documents necessary to give effect to this resolution.

RESOLVED (Clr Guile / Clr Wells)                                                                                       MIN16.731

That Council resolve to:

1.    Advertise its intention to sell the property at Wire Lane, Berry comprised in Lot 1 DP593975 & Lot 1 DP1217124 in accordance with Council’s policy POL12/275 “Development and/or Disposal of Council Lands” and subject to no objections being received, offer the property for sale by public auction and that the General Manager be authorised to set a reserve price based on advice from the selling agent and/or a valuer;

2.    Fund all costs associated with the sale from Job Number 88746 and the net proceeds from the sale be placed in the Strategic Property Acquisition Reserve to fund future road acquisitions and/or  works on public roads; and

3.    Authority be granted to affix the Common Seal of the Council to any documents required to be sealed and that the General Manager be authorised to sign any documents necessary to give effect to this resolution.

CARRIED

CL16.27     Acquisition of Land for Matron Porter Drive Pathway - Part Lot 12 DP807589 - 13 Sungrove Lane

HPERM Ref: D16/291570

Recommendation

That Council:

1.    Resolve to acquire part of Lot 12 DP807589 (being Lot 2 DP1214563)  described as 13 Sungrove Lane, Milton as marked on Attachment 1;

2.    Pay compensation of $61,856 plus GST (based on the area of 2,358m²), legal and valuation costs associated with the acquisition, in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 from Matron Porter Drive SUP budget job number 85583;

3.    The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed, otherwise the General Manager is authorised to sign any documentation necessary to give effect to the resolution; and

4.    Following gazettal of the acquisition, the land be dedicated as Public Road pursuant to Section 10 Roads Act 1993.

RESOLVED (Clr Findley / Clr Wells)                                                                                   MIN16.732

That Council:

1.    Resolve to acquire part of Lot 12 DP807589 (being Lot 2 DP1214563)  described as 13 Sungrove Lane, Milton as marked on Attachment 1;

2.    Pay compensation of $61,856 plus GST (based on the area of 2,358m²), legal and valuation costs associated with the acquisition, in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 from Matron Porter Drive SUP budget job number 85583;

3.    The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed, otherwise the General Manager is authorised to sign any documentation necessary to give effect to the resolution; and

4.    Following gazettal of the acquisition, the land be dedicated as Public Road pursuant to Section 10 Roads Act 1993.

CARRIED

CL16.28     Gateway Park-Electricity Supply-Princes Hwy Nowra

HPERM Ref: D16/300461

Recommendation

That Council:

1.    Proceed with a Deed of Agreement with Nosbor Group Pty Limited to deliver a cost sharing arrangement for shared infrastructure for the supply of electricity to Gateway Park precinct.

2.    Vote an additional $15,000 to this project from the Strategic Projects Reserve.

RESOLVED (Clr Gash / Clr Wells)                                                                                      MIN16.733

That Council:

1.    Proceed with a Deed of Agreement with Nosbor Group Pty Limited to deliver a cost sharing arrangement for shared infrastructure for the supply of electricity to Gateway Park precinct.

2.    Vote an additional $15,000 to this project from the Strategic Projects Reserve.

CARRIED

CL16.29     Disposal of Land to National Parks & Wildlife Service - Addition to Jervis Bay National Park

HPERM Ref: D16/291043

Recommendation

That Council:

1.    Approve the transfer of Lots 265 & 266 in DP8592, Lots 23, 25, 45, 77 and 78 in DP8769 to National Parks and Wildlife Service at nil compensation for addition to Jervis Bay National Park;

2.    Approve the transfer of the unformed sections of Eerebeenee Grove, Pannamena Crescent, Wanawong Boulevarde, Elouera Drive, Currana Avenue, Kinkuna Crescent and Pillapai Ring to National Parks and Wildlife Service at nil compensation for closure under the National Parks and Wildlife Act 1974 and addition to Jervis Bay National Park; and

3.    Authorise the Mayor and General Manager or his delegate to sign and affix the Seal of Shoalhaven City Council to any documentation required to give effect to this resolution.

RESOLVED (Clr Gartner / Clr White)                                                                                  MIN16.734

That Council:

1.    Approve the transfer of Lots 265 & 266 in DP8592, Lots 23, 25, 45, 77 and 78 in DP8769 to National Parks and Wildlife Service at nil compensation for addition to Jervis Bay National Park;

2.    Approve the transfer of the unformed sections of Eerebeenee Grove, Pannamena Crescent, Wanawong Boulevarde, Elouera Drive, Currana Avenue, Kinkuna Crescent and Pillapai Ring to National Parks and Wildlife Service at nil compensation for closure under the National Parks and Wildlife Act 1974 and addition to Jervis Bay National Park; and

3.    Authorise the Mayor and General Manager or his delegate to sign and affix the Seal of Shoalhaven City Council to any documentation required to give effect to this resolution.

For:            Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Levett, Clr Cheyne, Clr Alldrick, Clr Gartner, Clr Guile, Clr Pakes and Clr Proudfoot

Against:    Clr Watson

CARRIED

CL16.30     Public Engagement - Recycling & Waste Transfer Facilities

HPERM Ref: D16/300639

Recommendation

1.    That Council proceed to engage with the community regarding the results of the survey and seek feedback on the proposed recommendations as listed below:

a.    West Nowra, Huskisson and Ulladulla - continue operating the three large facilities seven days per week;

b.    Berry, Callala and Sussex Inlet - change the operating days to three days per week, Friday, Saturday and Sunday and open the buyback facilities on Saturday and Sunday mornings;

c.    Kangaroo Valley - change the operating days to three days per week, Saturday, Sunday and Monday and open the buyback facility on a Sunday morning;

d.    Kioloa - change the operating days to three days per week, Friday, Saturday and Sunday;

e.    Lake Conjola - change the operation to 2 mornings per weekend from 8am to 12pm;

f.     Bendalong - change the operation to 2 afternoons per weekend from 1pm to 5pm;

g.    Continue operating all facilities for 7 days per week from Christmas to the end of the January school holidays with the exception of Bendalong and Lake Conjola;

h.    Operate Lake Conjola and Bendalong for 5 days per week during the Christmas school holidays, on Friday, Saturday, Sunday, Monday and Wednesday;

i.     Public holidays - close all ten recycling and waste facilities on all public holidays;

j.     Currarong, Berry, Culburra and Nowra - close and remove the bottle bank;

2.    Staff provide a further report to Council on completion of community engagement, with details and cost analysis of the options and time line for implementation.

RESOLVED (Clr Wells / Clr White)                                                                                      MIN16.735

1.      That Council proceed to engage with the community regarding the results of the survey and seek feedback on the proposed recommendations as listed below:

a.    West Nowra, Huskisson and Ulladulla - continue operating the three large facilities seven days per week;

b.    Berry, Callala and Sussex Inlet - change the operating days to three days per week, Friday, Saturday and Sunday and open the buyback facilities on Saturday and Sunday mornings;

c.    Kangaroo Valley - change the operating days to three days per week, Saturday, Sunday and Monday and open the buyback facility on a Sunday morning;

d.    Kioloa - change the operating days to three days per week, Friday, Saturday and Sunday;

e.    Lake Conjola - change the operation to 2 mornings per weekend from 8am to 12pm;

f.     Bendalong - change the operation to 2 afternoons per weekend from 1pm to 5pm;

g.    Continue operating all facilities for 7 days per week from Christmas to the end of the January school holidays with the exception of Bendalong and Lake Conjola;

h.    Operate Lake Conjola and Bendalong for 5 days per week during the Christmas school holidays, on Friday, Saturday, Sunday, Monday and Wednesday;

i.     Public holidays - close all ten recycling and waste facilities on all public holidays;

j.     Currarong, Berry, Culburra and Nowra - close and remove the bottle bank;

2.    Staff provide a further report to Council on completion of community engagement, with details and cost analysis of the options and time line for implementation.

For:            Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Levett, Clr Cheyne, Clr Alldrick and Clr Gartner

Against:    Clr Guile, Clr Pakes, Clr Watson and Clr Proudfoot

CARRIED

CL16.31     Ratepayer Advance Scheme - Kerb & Gutter Construction - Various Locations

HPERM Ref: D16/290914

Recommendation

That:

1.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with A E L King & P W A Purcell of 18 Myrniong Gr, Berrara in respect of Kerb and Gutter construction to the value of $8264.82 of which $2657.42 is a contribution, $5607.40 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $7009.25.

2.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with P A Drew of 20 Myrniong Gr, Berrara in respect of Kerb and Gutter construction to the value of $8264.82 of which $2657.42 is a contribution, $5607.40 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $7009.25.

3.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with A J Lidden of 22 Myrniong Gr, Berrara in respect of Kerb and Gutter construction to the value of $8264.82 of which $2657.42 is a contribution, $5607.40 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $7009.25.

4.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with G M & D Malekkou of 8 Elizabeth Drive, Vincentia in respect of Kerb and Gutter construction to the value of $5,408.36 of which $1,903.16 (Including $22 GST) is a contribution, $3,505.20 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $4,381.50.

5.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with J & J Swinton of 10 Elizabeth Drive, Vincentia in respect of Kerb and Gutter construction to the value of $5,166.36 of which $1,661.16 is a contribution, $3,505.20 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $4,381.50.

6.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with A M & B C Pemberton of 12 Elizabeth Drive, Vincentia in respect of Kerb and Gutter construction to the value of $5,166.36 of which $1,661.16 is a contribution, $3,505.20 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $4,381.50.

7.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with L & R D Casmiri of 14 Elizabeth Drive, Vincentia in respect of Kerb and Gutter construction to the value of $5,166.36 of which $1,661.16 is a contribution, $3,505.20 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $4,381.50.

8.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with B J Bunter of 16 Elizabeth Drive, Vincentia in respect of Kerb and Gutter construction to the value of $5,166.36 of which $1,661.16 is a contribution, $3,505.20 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $4,381.50.

9.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with J & M Manetas of 18 Elizabeth Drive, Vincentia in respect of Kerb and Gutter construction to the value of $5,166.36 of which $1,661.16 is a contribution, $3,505.20 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $4,381.50.

10.  Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with F M Folkes of 2 Mitchell Road, Callala Bay in respect of Kerb and Gutter construction to the value of $17,839.12 of which $4,339.24 is a contribution, $13,439.88 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $16,799.83.

11.  Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with B & B Tait of 8 Plantation Point Pde, Vincentia in respect of Kerb and Gutter construction to the value of $7,317.69 of which $2,342.49 is a contribution, $4,975.20 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $6,219.00.

12.  Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with E Kofler of 6 Plantation Point Pie, Vincentia in respect of Kerb and Gutter construction to the value of $8,544.79 of which $2,488.82 is a contribution, $6,055.97 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $7,569.97.

13.  The funding for additional cost of the works for all projects, being $12,282.54, is to be funded from the Kerb & Gutter Program.

14.  The Common Seal of Council of the City of Shoalhaven be affixed to any documentation required to be sealed, otherwise the General Manager be authorised to sign any documentation necessary to give effect to the resolution.

RESOLVED (Clr Wells / Clr White)                                                                                      MIN16.736

That:

1.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with A E L King & P W A Purcell of 18 Myrniong Gr, Berrara in respect of Kerb and Gutter construction to the value of $8264.82 of which $2657.42 is a contribution, $5607.40 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $7009.25.

2.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with P A Drew of 20 Myrniong Gr, Berrara in respect of Kerb and Gutter construction to the value of $8264.82 of which $2657.42 is a contribution, $5607.40 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $7009.25.

3.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with A J Lidden of 22 Myrniong Gr, Berrara in respect of Kerb and Gutter construction to the value of $8264.82 of which $2657.42 is a contribution, $5607.40 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $7009.25.

4.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with G M & D Malekkou of 8 Elizabeth Drive, Vincentia in respect of Kerb and Gutter construction to the value of $5,408.36 of which $1,903.16 (Including $22 GST) is a contribution, $3,505.20 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $4,381.50.

5.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with J & J Swinton of 10 Elizabeth Drive, Vincentia in respect of Kerb and Gutter construction to the value of $5,166.36 of which $1,661.16 is a contribution, $3,505.20 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $4,381.50.

6.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with A M & B C Pemberton of 12 Elizabeth Drive, Vincentia in respect of Kerb and Gutter construction to the value of $5,166.36 of which $1,661.16 is a contribution, $3,505.20 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $4,381.50.

7.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with L & R D Casmiri of 14 Elizabeth Drive, Vincentia in respect of Kerb and Gutter construction to the value of $5,166.36 of which $1,661.16 is a contribution, $3,505.20 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $4,381.50.

8.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with B J Bunter of 16 Elizabeth Drive, Vincentia in respect of Kerb and Gutter construction to the value of $5,166.36 of which $1,661.16 is a contribution, $3,505.20 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $4,381.50.

9.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with J & M Manetas of 18 Elizabeth Drive, Vincentia in respect of Kerb and Gutter construction to the value of $5,166.36 of which $1,661.16 is a contribution, $3,505.20 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $4,381.50.

10.  Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with F M Folkes of 2 Mitchell Road, Callala Bay in respect of Kerb and Gutter construction to the value of $17,839.12 of which $4,339.24 is a contribution, $13,439.88 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $16,799.83.

11.  Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with B & B Tait of 8 Plantation Point Pde, Vincentia in respect of Kerb and Gutter construction to the value of $7,317.69 of which $2,342.49 is a contribution, $4,975.20 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $6,219.00.

12.  Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with E Kofler of 6 Plantation Point Pie, Vincentia in respect of Kerb and Gutter construction to the value of $8,544.79 of which $2,488.82 is a contribution, $6,055.97 is the advance and the amount to be repaid to the Ratepayer in 5 years at 5% interest is $7,569.97.

13.  The funding for additional cost of the works for all projects, being $12,282.54, is to be funded from the Kerb & Gutter Program.

14.  The Common Seal of Council of the City of Shoalhaven be affixed to any documentation required to be sealed, otherwise the General Manager be authorised to sign any documentation necessary to give effect to the resolution.

CARRIED

CL16.32     Telstra Asset Relocation – Intersection Flinders Road & Albatross Road, South Nowra

HPERM Ref: D16/305568

Clr White – CL16.32 – Telstra Asset Relocation Intersection Flinders Road and Albatross Road South Nowra -  pecuniary interest declaration – she is a previous Telstra dealer and she may receive remuneration – left the room and did not take part in discussion or vote.

Recommendation

That

1.    Council accepts the quotation received from Telstra for the relocation of telecommunications assets at the intersection of Flinders Road and Albatross Road (Service Road) in South Nowra for $219,592.79 inclusive of GST

2.    In accordance with Section 55(3) of the Local Government Act, Council resolves not to invite tenders for this work due to there being no other supplier able to provide this service

3.    Authorise the General Manager (Director of Assets & Works) to finalise and execute the contract with Telstra on behalf of Council

4.    Authorise the General Manager (Director of Assets and Works) to adjust the contract for variations under the contract

RESOLVED (Clr Watson / Clr Guile)                                                                                   MIN16.737

That

1.    Council accepts the quotation received from Telstra for the relocation of telecommunications assets at the intersection of Flinders Road and Albatross Road (Service Road) in South Nowra for $219,592.79 inclusive of GST

2.    In accordance with Section 55(3) of the Local Government Act, Council resolves not to invite tenders for this work due to there being no other supplier able to provide this service

3.    Authorise the General Manager (Director of Assets & Works) to finalise and execute the contract with Telstra on behalf of Council

4.    Authorise the General Manager (Director of Assets and Works) to adjust the contract for variations under the contract

CARRIED

CL16.33     Addition of Regulated Fee to Council's Fees and Charges

HPERM Ref: D16/293868

Recommendation

That Council:

1.    In accordance with the Local Government Act 1993, endorse the advertising of the regulated fee of $70 (under the Swimming Pools Regulations 2008) for Certificate of Exemption for a Swimming Pool;

2.    The fee be placed on Council’s website for a period of 28 days;

3.    The fee be added to Council’s Fees and Charges if no submissions are received;

4.    A further report to Council be submitted to Council with the outcome of any submissions received.

Note: Clr White returned to the meeting at 7:06pm.

RESOLVED (Clr Guile / Clr Gash)                                                                                       MIN16.738

That Council:

1.    In accordance with the Local Government Act 1993, endorse the advertising of the regulated fee of $70 (under the Swimming Pools Regulations 2008) for Certificate of Exemption for a Swimming Pool;

2.    The fee be placed on Council’s website for a period of 28 days;

3.    The fee be added to Council’s Fees and Charges if no submissions are received;

4.    A further report to Council be submitted to Council with the outcome of any submissions received.

CARRIED

CL16.34     Tenders - Analogue to DMR Digital Radio Network Upgrade

HPERM Ref: D16/291531

RESOLVED* (Clr Guile / Clr White)                                                                                     MIN16.739

That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

CARRIED

CL16.35     Tenders - Mandatory Portable Electrical Items Test & Tag

HPERM Ref: D16/292301

RESOLVED* (Clr Guile / Clr White)                                                                                     MIN16.740

That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

CARRIED

CL16.36     Tenders - Nowra to REMS 1A Transfer Main

HPERM Ref: D16/292140

RESOLVED* (Clr Guile / Clr White)                                                                                     MIN16.741

That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

CARRIED

CL16.37     Emergency Overflow Storage Facilities - Sewage Pumping Stations - Various Locations - REF

HPERM Ref: D16/289600

Recommendation

1.    After consideration of the REF for the Emergency Storage Facility Works at eleven (11) locations, December 2015, Council resolves to proceed with construction at nine (9) of these sites as detailed in this Report.

2.    Council determines that it is unlikely that there will be any signifcant environmental impact at the nine (9) locations (proposed for construction) as a result of the proposed work and an Environmental Impact Statement is therefore not rquired for the proposed activity.

3.    Defer construction at two (2) locations: Culburra SPS 5 and St Georges Basin SPS 12 pending further community consultation.

4.    The proposed mitigation measures and controls outlined in the REF (and summarised in Sections 7.2 & 8.0) be adopted and implemented through the construction phase.

RESOLVED (Clr Guile / Clr White)                                                                                      MIN16.742

1.      After consideration of the REF for the Emergency Storage Facility Works at eleven (11) locations, December 2015, Council resolves to proceed with construction at nine (9) of these sites as detailed in this Report.

2.    Council determines that it is unlikely that there will be any signifcant environmental impact at the nine (9) locations (proposed for construction) as a result of the proposed work and an Environmental Impact Statement is therefore not rquired for the proposed activity.

3.    Defer construction at two (2) locations: Culburra SPS 5 and St Georges Basin SPS 12 pending further community consultation.

4.    The proposed mitigation measures and controls outlined in the REF (and summarised in Sections 7.2 & 8.0) be adopted and implemented through the construction phase.

5.    Council replace the removed trees so that they can mature as close as possible to the removed trees site.

CARRIED

CL16.38     Notice of Motion - Old Tourist Information Centre Site

HPERM Ref: D16/293417

Recommendation

That

1.    Council exclude from any possible sale of the old tourist information centre site the land on which the Navy helicopter is located plus a reasonable curtilage.

2.    The site be excised from the original parcel and when the subdivision is complete the subject Lot be classified community land with the intention of retaining the area for the display of naval aircraft into the future as recognition of the exceptional contribution that both the Navy, Navy personnel and former personal have made to our city

3.    Should Council decide to proceed with the sale of the residue of the site proper provision be made for the protection of Graham Lodge.

4.    That once the current expression of interest process has been completed Council reconsider the desirability of the community retaining the site pending a full assessment of the success or otherwise of the relocation of the tourist information Centre to the Shoalhaven Entertainment Centre foyer.

5.    Should Council decide to retain the subject site consideration then be given to the acquisition of adjacent lands to provide an additional green space linkage for the community to the Shoalhaven River.

RESOLVED (Clr Watson / Clr Pakes)                                                                                 MIN16.743

That

1.      Council exclude from any possible sale of the old tourist information centre site the land on which the Navy helicopter is located plus a reasonable curtilage.

2.      Should Council decide to proceed with the sale of the residue of the site proper provision be made for the protection of Graham Lodge.

3.      Council staff to report back on the issue and provide a Councillor briefing on Gateway Park

For:            Clr Findley, Clr Levett, Clr Cheyne, Clr Alldrick, Clr Gartner, Clr Guile, Clr Pakes, Clr Watson, and Clr Proudfoot

Against:       Clr Gash, Clr Wells and Clr White

CARRIED

Procedural Motion - Reintroduction of Item

RESOLVED (Clr Watson / Clr Guile)                                                                                   MIN16.744

That CL16.39 Notice Of Motion - Land Reclassification - 59 Owen Street, Huskisson be reintroduced for discussion to allow for a change in the resolution to reflect legislational requirements.

CARRIED

CL16.39     Notice of Motion - Land Reclassification - 59 Owen Street, Huskisson

HPERM Ref: D16/293446

RESOLVED (Clr Watson / Clr Guile)                                                                                   MIN16.745

That:

1.      Council reclassify 59 Owen Street Huskisson to community land.

2.      Council advertise its proposed resolution to reclassify 59 Owen Street from Operational Land to Community Land for 28 days as required by section 34 of the Local Government Act and a report be submited to council following the public notice detailing any submissions received.

For:            Clr Findley, Clr Wells, Clr Levett, Clr Cheyne, Clr Alldrick, Clr Gartner, Clr Guile, Clr Pakes, Clr Watson and Clr Proudfoot

Against:    Clr Gash, and Clr White

CARRIED

CL16.40     Notice of Motion - Special Rate Variation Proposal

HPERM Ref: D16/294896

Recommendation

That Council abandon the proposed 21% rate increase over 2 years in favour of longer term strategy over a 10-15 year period.

Motion (Clr Watson / Clr Guile)

That Council abandon the proposed 21% rate increase over 2 years in favour of longer term strategy over a 10-15 year period.

lost

For:            Clr Levett, Clr Guile, Clr Pakes, Clr Watson and Clr Proudfoot

Against:    Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Cheyne, Clr Alldrick and Clr Gartner

CL16.41     Notice of Motion - Community Halls

HPERM Ref: D16/294899

Recommendation

That Council resolve not to proceed with the sale of any community halls or buildings.

Motion (Clr Watson / Clr Guile)

That Council resolve not to proceed with the sale of any community halls or buildings.

lost

For:            Clr Guile, Clr Pakes, Clr Watson and Clr Proudfoot

Against:    Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Levett, Clr Cheyne, Clr Alldrick and Clr Gartner

Procedural Motion - Suspension of Meeting

Motion (Clr Wells / Clr Gash)

That the meeting being adjourned and resume at the beginning of the Strategy and Assets Committee Meeting, Tuesday 11 October 2016.

lost

For:            Clr Gash, Clr Wells and Clr White

Against:    Clr Findley, Clr Levett, Clr Cheyne, Clr Alldrick, Clr Gartner, Clr Guile, Clr Pakes, Clr Watson, and Clr Proudfoot

CL16.42     Notice of Motion - Waste Transfer Stations

HPERM Ref: D16/294910

Recommendation

That Council retain in an operational condition all of our waste transfer station as well as the existing operating hours.

RESOLVED (Clr Watson / Clr Pakes)                                                                                 MIN16.746

That Council retain in an operational condition all of our waste transfer stations.

For:            Clr Findley, Clr Wells, Clr Cheyne, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, and Clr Proudfoot

Against:    Clr Gash, Clr White, Clr Levett and Clr Gartner

CARRIED

CL16.43     Notice of Motion - Greenwell Point Wharf Management

HPERM Ref: D16/302864

Recommendation

That Council

1.         Re-establish the Greenwell Point Wharf Management Committee.

2.         Advertise for expression of interest for individuals interested in serving on the Committee with a report back to council in respect of the suggested Committee membership, terms of reference, and fee structure.

3.         Receive a further report on the stability of the old Council owned facility pending the future planned grant application to replace the wharf.

RESOLVED (Clr Watson / Clr Guile)                                                                                   MIN16.747

That Council

1.         Re-establish the Greenwell Point Wharf Management Committee.

2.         Advertise for expression of interest for individuals interested in serving on the Committee with a report back to council in respect of the suggested Committee membership, terms of reference, and fee structure.

3.         Receive a further report on the stability of the old Council owned facility pending the future planned grant application to replace the wharf.

4.         Staff consider report back on temporary relocation of pontoons after the River Festival Event.

For:            Clr Gash, Clr Wells, Clr White, Clr Alldrick, Clr Gartner, Clr Guile, Clr Pakes, Clr Watson and Clr Proudfoot

Against:    Clr Findley, Clr Levett and Clr Cheyne

CARRIED

CL16.44     Notice of Motion - Cycleway to the Burrill Lake Bridge

HPERM Ref: D16/300220

Recommendation

That

1.    Council works with the Roads and Maritime Services with a view to providing much greater safety for the users of the cycleway leading to the Burrill Lake Bridge.

The discussion needs to particularly focus on the protection of children and especially  where the cycleway is at its clostest proximity to the Princes Highway.

The options required to ensure that this potentially marvellous facility is much less dangerous than the local community feels that it is, include, but are not restricted to the following:

a.    Strategically located guardrails.

b.    Appropriately positioned metal fencing.

c.    Coppers logs railing type fencing.

d.    Soft engineering with selected vegetation, shrubs and hedges, such as photinia robusta.

RESOLVED (Clr Proudfoot / Clr Wells)                                                                               MIN16.748

1.      Council works with the Roads and Maritime Services with a view to providing much greater safety for the users of the cycleway leading to the Burrill Lake Bridge.

The discussion needs to particularly focus on the protection of children and especially  where the cycleway is at its clostest proximity to the Princes Highway.

The options required to ensure that this potentially marvellous facility is much less dangerous than the local community feels that it is, include, but are not restricted to the following:

a.    Strategically located guardrails.

b.    Appropriately positioned metal fencing.

c.    Coppers logs railing type fencing.

d.    Soft engineering with selected vegetation, shrubs and hedges, such as photinia robusta

CARRIED

CL16.45     Notice of Motion - Construction of a Roundabout, Paradise Beach Road & Kerry Street Sanctuary Point

HPERM Ref: D16/300255

Recommendation

That a report be prepared for Council regarding the much needed construction of a roundabout at the intersection of Paradise Beach Road and Kerry Street, Sanctuary Point. The report needs to include the following:

1.    The likely start of construction.

2.    The estimated cost of the project and the sources of funding.

3.    The criteria used in preparation for an application for State or Federal funding.

4.    The likely conclusion of the project.

RESOLVED (Clr Proudfoot / Clr Wells)                                                                               MIN16.749

That a report be prepared for Council regarding the much needed construction of a roundabout at the intersection of Paradise Beach Road and Kerry Street, Sanctuary Point. The report needs to include the following:

1.    The likely start of construction.

2.    The estimated cost of the project and the sources of funding.

3.    The criteria used in preparation for an application for State or Federal funding.

4.    The likely conclusion of the project.

CARRIED

CL16.46     Notice of Motion - Vehicle Barriers for Pedestrian Safety, Sanctuary Point

HPERM Ref: D16/300266

Recommendation

That all steps be taken by the shopowners at Sanctuary Point, (adjacent to Paradise Beach Road carpark) to install appropriate vehicle barriers in order to maximise pedestrian safety along the shopfront footpath.

RESOLVED (Clr Proudfoot / Clr Guile)                                                                               MIN16.750

That all steps be taken by the shopowners at Sanctuary Point, (adjacent to Paradise Beach Road carpark) to install appropriate vehicle barriers in order to maximise pedestrian safety along the shopfront footpath.

CARRIED

CL16.47     Notice of Motion - Road Surface Investigation, 802 Sussex Inlet Road

HPERM Ref: D16/303216

Recommendation

That an urgent investigation of the road surface in the proximity of 802 Sussex Inlet Road be conducted with a view to carrying out remediation works.

RESOLVED (Clr Proudfoot / Clr White)                                                                               MIN16.751

That an urgent investigation of the road surface in the proximity of 802 Sussex Inlet Road be conducted with a view to carrying out remediation works.

CARRIED

CL16.48     Notice of Motion - Pedestrian Access - Sanctuary Point Public School to Skate Park

HPERM Ref: D16/304225

Recommendation

That the General Manager investigate the feasibility and costs of creating safe pedestrian access between the eastern side of Sanctuary Point Public School down Centaur Avenue to the skate park adjacent to Francis Ryan Reserve and report back to council.

RESOLVED (Clr Levett / Clr Cheyne)                                                                                 MIN16.752

That the General Manager investigate the feasibility and costs of creating safe pedestrian access between the eastern side of Sanctuary Point Public School down Centaur Avenue to the skate park adjacent to Francis Ryan Reserve and report back to council.

CARRIED

CL16.49     Notice of Motion - Old Erowal Bay - Right Turn Lane - Mernie Street

HPERM Ref: D16/304230

Recommendation

That the General Manager report to council on the possibility of creating a dedicated right turn lane into Mernie Street from the Wool Road at Old Erowal Bay for north flowing traffic.

RESOLVED (Clr Levett / Clr Gash)                                                                                     MIN16.753

That the General Manager report to council on the possibility of creating a dedicated right turn lane into Mernie Street from the Wool Road at Old Erowal Bay for north flowing traffic.

CARRIED

CL16.50     Notice of Motion - Public Transport

HPERM Ref: D16/304233

Recommendation

That the General Manager report to council on what plans are in place to improve public transport in the Shoalhaven.

RESOLVED (Clr Levett / Clr Cheyne)                                                                                 MIN16.754

That the General Manager report to council on what plans are in place to improve public transport in the Shoalhaven.

CARRIED

CL16.51     Notice of Motion - Illaroo Road Public School - Road Safety

HPERM Ref: D16/304245

Recommendation

That the General Manager report back to council on the following issue:

1.    For Council to consider construction of “s” lanes in Illaroo Road outside Illaroo Road Public School as a measure to improve safety for the hundreds of students at the school, and to make Illaroo Road easier for traffic.

RESOLVED (Clr Cheyne / Clr Guile)                                                                                   MIN16.755

That the General Manager report back to council on the following issue:

1.    For Council to consider construction of “s” lanes in Illaroo Road outside Illaroo Road Public School as a measure to improve safety for the hundreds of students at the school, and to make Illaroo Road easier for traffic.

CARRIED

CL16.52     Notice of Motion - Proposed Removal of Strata Title - Anson St, St Georges Basin

HPERM Ref: D16/305716

Recommendation

That the General Manager provide a full report on the proposed removal of Strata Title from DA 16/1830 and advise the council how soon a public meeting can be called to discuss and review DA 16/1830, Anson St, St Georges Basin.

RESOLVED (Clr Gartner / Clr Gash)                                                                                   MIN16.756

That the Development Application for, Anson St, St Georges Basin (DA16/1830) be called in due to the public interest.

For:            Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Levett, Clr Cheyne, Clr Alldrick, Clr Gartner, Clr Guile, Clr Pakes, Clr Watson and Clr Proudfoot

Against:    Nil

CARRIED

CL16.53     Notice of Motion - Pedestrian Crossing in Tallwood Avenue, Mollymook

HPERM Ref: D16/305719

Recommendation

That the General Manager report back to Council urgently on the feasibility and costs to provide an interim safety measure, such as a ‘lollypop person’, at the intersection of Tallwood Ave and Mitchell Parade Mollymook from December 24 2016 to January 2, 2017.

RESOLVED (Clr Gartner / Clr Wells)                                                                                   MIN16.757

That

1.      The General Manager report back to Council urgently on the feasibility and costs to provide an interim safety measure, such as a ‘lollypop person’, at the intersection of Tallwood Ave and Mitchell Parade Mollymook from December 24 2016 to January 2, 2017.

CARRIED

CL16.55     Contract - Jerberra Estate Electrical and Communications Infrastructure Trenching

HPERM Ref: D16/313151

RESOLVED* (Clr Guile / Clr White)                                                                                     MIN16.758

1.    That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

CARRIED