Minutes of the Ordinary Meeting
Meeting Date: Tuesday, 26 September 2017
Location: Council Chambers, City Administrative Building, Bridge Road, Nowra
Time: 5.00pm
The following members were present:
Clr Amanda Findley - Chairperson
Clr Joanna Gash
Clr John Wells
Clr Patricia White
Clr Kaye Gartner
Clr Nina Cheyne
Clr Annette Alldrick
Clr John Levett
Clr Andrew Guile
Clr Mitchell Pakes
Clr Greg Watson
Clr Mark Kitchener
Clr Bob Proudfoot
The meeting was opened by an Acknowledgement of Traditional Custodians by the Chairperson, followed with a Prayer by Father Patrick Faherty, Nowra Catholic Church and the playing of the Australian National Anthem.
Nil
|
RESOLVED (Clr Guile / Clr Cheyne) MIN17.801
That the Minutes of the Ordinary Meeting of Ordinary Meeting held on Tuesday 22 August 2017 be confirmed.
|
Nil
|
HPERM Ref: D17/281105 |
|
|
Recommendation That Council receive the report – National Police Remembrance Day, for information.
|
|
|
RESOLVED (Clr Findley / Clr Pakes) MIN17.802 That Council receive the report – National Police Remembrance Day, for information.
|
|
|
MM17.22 Mayoral Minute - Congratulations to the 2017 Shoalhaven Business Award Winners & the 2017 Milton Ulladulla Business Awards |
HPERM Ref: D17/281113 |
|
Recommendation That Council receive the report – Congratulations to the 2017 Shoalhaven Business Award Winners & the 2017 Milton Ulladulla Business Awards, for information.
|
|
|
RESOLVED (Clr Findley / Clr Proudfoot) MIN17.803 That Council receive the report – Congratulations to the 2017 Shoalhaven Business Award Winners & the 2017 Milton Ulladulla Business Awards, for information.
|
|
|
HPERM Ref: D17/298245 |
|
|
Recommendation That Council receive the report – Congratulations, for information.
|
|
|
RESOLVED (Clr Findley / Clr Alldrick) MIN17.804 That Council receive the report – Congratulations to Carmel Krogh, Director Shoalhaven Water and Zachary Jones, Tapitallee resident, for information.
|
|
Mr Bernie McLeod addressed the Council in relation to CL17.228 Notice of Motion - National Indigenous Football Games
Mr Norman Mogg addressed the Council in relation to CL17.227 Notice of Motion – Development of a Motorsports Facility at Yerriyong
|
Procedural Motion - Bring Items Forward |
|
RESOLVED (Clr Watson / Clr Guile) MIN17.805 That the matters of the following items be brought forward for consideration: · CL17.228 Notice of Motion - National Indigenous Football Games · CL17.227 Notice of Motion – Development of a Motorsports Facility at Yerriyong · CL17.269 Rezoning Request - Parma Yerriyong Community Association Inc.
|
|
CL17.228 Notice of Motion - National Indigenous Football Games |
HPERM Ref: D17/309494 |
|
Recommendation That Council consider supporting the 2nd National Indigenous Football games with in kind resources to promote the Shoalhaven Indigenous games from the 1-4 November 2017. This event is an important community milestone in the spirit of reconciliation and self determination, and recognising the valuable contributions our Indigenous community have to offer. In Kind resources may include: · Filling up gas bottles to allow players to shower post game · Assistance with lawn mowing and ground preparation · Bins to assist provision of waste management during the event · Car Park lines to promote safety of vehicle access to the grounds · Use of Council light signage to highlight and promote the event and guide visitors to where the venue is located.
|
|
|
RESOLVED (Clr Cheyne / Clr Gartner) MIN17.806 That Council 1. Donate $4,000 from the 2017/2018 unallocated donations budget in support of the 2nd National Indigenous Football games to promote the Shoalhaven Indigenous games from the 1-4 November 2017. This event is an important community milestone in the spirit of reconciliation and self determination, and recognising the valuable contributions our Indigenous community have to offer. The funds are to assist with costs including: · Assistance with lawn mowing and ground preparation · Bins to assist provision of waste management during the event · Car Park lines to promote safety of vehicle access to the grounds · Use of Council light signage to highlight and promote the event and guide visitors to where the venue is located. 2. Staff liaise with the event organisers to determine and undertake essential maintenance that is to be undertaken prior to the event
|
|
|
CL17.227 Notice of Motion - Development of a Motor Sports Complex at Yerriyong |
HPERM Ref: D17/309347 |
|
Recommendation That 1. In recognition of the strategic importance and economic value of developing a motor sports complex in our area, that Council, after reviewing the previous development application (DA) by Motorcycling NSW, prepares and submits a DA as proponent for this project. 2. Council establish a project working group to oversee the process, comprising relevant Council staff and representatives of the South Coast Motor Sports Club Inc. 3. Council continue to explore and where applicable apply to both Federal and State Government programs to facilitate funding for the project. 4. That any costs associated with the review and DA submission be funded through the Economic Development Budget.
|
|
|
Motion (Clr Watson / Clr Gash) That 1. In recognition of the strategic importance and economic value of developing a motor sports complex in our area, that Council, after reviewing the previous development application (DA) by Motorcycling NSW, prepares and submits a DA as proponent for this project. 2. Council establish a project working group to oversee the process, comprising relevant Council staff and representatives of the South Coast Motor Sports Club Inc. 3. Council continue to explore and where applicable apply to both Federal and State Government programs to facilitate funding for the project and private partnership. 4. That any costs associated with the review and DA submission be funded through the Economic Development Budget.
|
|
|
AMENDMENT 1 (Clr Proudfoot / Clr Pakes) That 1. In recognition of the strategic importance and economic value of developing a motor sports complex in our area, that Council, after reviewing the previous development application (DA) by Motorcycling NSW, prepares and submits a DA as proponent for this project. 2. Council establish a project working group to oversee the process, comprising relevant Council staff and representatives of the South Coast Motor Sports Club Inc. 3. Council continue to explore and where applicable apply to both Federal and State Government programs to facilitate funding for the project and private partnership. 4. That initial costs associated with the review and DA submission be funded through the economic development budget 5. Recoupment of all costs be factored into any future lease arrangements For: Clr Gash, Clr Wells, Clr White, Clr Pakes, Clr Kitchener and Clr Proudfoot Against: Clr Findley, Clr Gartner, Clr Cheyne, Clr Alldrick, Clr Levett, Clr Guile and Clr Watson LOST |
|
|
Note: Clr Gash tabled the Motorcycling NSW – Shoalhaven Motorsports Complex Business Case
AMENDMENT 2 (Clr Guile / Clr Cheyne) That this matter be deferred to allow for further consideration of the motion until the business plan has been circulated and reviewed. For: Clr Findley, Clr Gartner, Clr Cheyne, Clr Alldrick, Clr Levett and Clr Guile Against: Clr Gash, Clr Wells, Clr White, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot LOST |
|
|
Amendment 3 (Clr Guile / Clr Alldrick) That 1. In recognition of the strategic importance and economic value of developing a motor sports complex in our area, that Council, after reviewing the previous development application (DA) by Motorcycling NSW, prepares and submits a DA as proponent for this project. 2. Council establish a project working group to oversee the process, comprising relevant Council staff and representatives of the South Coast Motor Sports Club Inc. 3. Council continue to explore and where applicable apply to both Federal and State Government programs to facilitate funding for the project and private partnership and Council appoint a probity monitor 4. Initial costs up to $300,000 associated with the review and DA submission be funded through the economic development budget 5. Recoupment of all costs be factored into any future lease arrangements For: Clr Findley, Clr Gartner, Clr Cheyne, Clr Alldrick, Clr Levett and Clr Guile Against: Clr Gash, Clr Wells, Clr White, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot
|
|
|
THE MOTION WAS PUT AND CARRIED |
|
|
motion (RESOLVEd) (Clr Watson / Clr Gash) MIN17.807 That 1. In recognition of the strategic importance and economic value of developing a motor sports complex in our area, that Council, after reviewing the previous development application (DA) by Motorcycling NSW, prepares and submits a DA as proponent for this project. 2. Council establish a project working group to oversee the process, comprising relevant Council staff and representatives of the South Coast Motor Sports Club Inc. 3. Council continue to explore and where applicable apply to both Federal and State Government programs to facilitate funding for the project and private partnership. 4. That any costs associated with the review and DA submission be funded through the Economic Development Budget. For: Clr Gash, Clr Wells, Clr White, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Clr Findley, Clr Gartner, Clr Cheyne, Clr Alldrick, Clr Levett and Clr Guile Note: A Rescission Motion was received on this item. |
|
|
Procedural Motion - Adjournment of Meeting |
|
Motion (Clr Findley/Clr Gartner) That the meeting be adjourned until 8.30pm.
|
Note: The meeting adjourned, the time being 8.10pm
Note: The meeting reconvened, the time being 8.30pm
When the following members were present:
Clr Amanda Findley - Chairperson
Clr Joanna Gash
Clr John Wells
Clr Patricia White
Clr John Levett
Clr Nina Cheyne
Clr Kaye Gartner
Clr Andrew Guile
Clr Mitchell Pakes
Clr Greg Watson
Clr Mark Kitchener
Clr Bob Proudfoot
|
CL17.269 Rezoning Request - Parma Yerriyong Community Association Inc. |
HPERM Ref: D17/291664 |
|
Recommendation That Council decide which of the four options outlined in the report they wish to pursue in regard to the request received from the Parma Yerriyong Community Association Inc. to rezone land in the Yerriyong area to E2 Environmental Conservation.
|
|
|
Motion (Clr Cheyne / Clr Gartner) That Council, commence initial consultation with the NSW Government (as landowners to see whether they support a rezoning), the relevant Aboriginal Land Council (who may have an interest in the land) and the Department of Defence (given the nature of the existing zoning) prior to making a decision on this matter. For: Clr Findley, Clr Gartner, Clr Cheyne and Clr Alldrick, Clr Levett Against: Clr Gash, Clr Wells, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot LOST |
|
|
RESOLVED (Clr Pakes / Clr Guile) MIN17.808 That 1. Council receive the report for information and retain the existing zoning and planning provisions outlined in Shoalhaven LEP2014 2. This report be provided as background as a submission for future reviews of the LEP. For: Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Nil |
|
Notices of Motion / Questions on Notice
|
HPERM Ref: D17/246395 |
|
|
Recommendation That 1. Shoalhaven City Council commends the work of the Shoalhaven Flagstaff Group in trialing the recycling of child safety seats. 2. Council requests the General Manager to report on any assistance that might be provided to enable this service or others to be accessed by Shoalhaven residents. 3. Council requests the General Manager to investigate and report what waste fund funding opportunities through the NSW Government Waste Levy contributions might be available to facilitate and promote such a service.
|
|
|
RESOLVED (Clr Guile / Clr Proudfoot) MIN17.809 That 1. Shoalhaven City Council commends the work of the Shoalhaven Flagstaff Group in trialling the recycling of child safety seats. 2. Council requests the General Manager to report on any assistance that might be provided to enable this service or others to be accessed by Shoalhaven residents. 3. Council requests the General Manager to investigate and report what waste fund funding opportunities through the NSW Government Waste Levy contributions might be available to facilitate and promote such a service.
|
|
|
HPERM Ref: D17/265863 |
|
|
Recommendation That Council staff prepare a report on “ privacy screens “ regarding how their necessity is determined and the type of screen that is mandated. There appears to be an apparent inconsistency in the application of the current policy, which may well be historical, and should form a part of the report
|
|
|
RESOLVED (Clr Proudfoot / Clr Pakes) MIN17.810 That the Notice of Motion and the Note from the General Manager on Privacy Screens be received for information
|
|
|
CL17.205 Notice of Motion - Development in Flood Prone Areas |
HPERM Ref: D17/265865 |
|
Recommendation That Council staff prepare a report on “development rights“ of home-owners in areas that have been deemed to be “flood-prone“. Conflict is arising in lower-lying areas where a property owner who desires to add a room or two to the family home, is confronted with complications that make the project too expensive or simply not to their personal liking. With this in mind the report would address the capacity of council staff to be consistently flexible in making their determination.
|
|
|
RESOLVED (Clr Proudfoot / Clr Pakes) MIN17.811 That the Notice of Motion and the Note from the General Manager on Development in Flood Prone Areas be received for information
|
|
|
CL17.206 Notice of Motion - Sanctuary Point Men's Shed - Clifton Street Sanctuary Point |
HPERM Ref: D17/265873 |
|
That 1. Council reduce the amount the Sanctuary Point men’s shed are paying on their licence for the remainder of the licence term 2. Council reduce the amount to $1 p.a (peppercorn rent) 3. This includes the current year 2017
|
|
|
Motion (Clr Pakes) That 1. Council reduce the amount the Sanctuary Point men’s shed are paying on their licence for the remainder of the licence term 2. Council reduce the amount to $1 p.a (peppercorn rent) 3. This includes the current year 2017 THE MOTION LAPSED DUE TO LACK OF A SECONDER
|
|
|
CL17.226 Notice of Motion - Congratulations - Variety Bash 2017 Shoalhaven Teams |
HPERM Ref: D17/301478 |
|
Recommendation That Council 1. Congratulate all Shoalhaven teams for their fundraising efforts in the 2017 bash 2. Congratulate Shoalhaven Car 27: (Brian and Joanne Muller, Garry and Joyann Arnold) on being announced “Outright Winners” of the 2017 Variety Bash
|
|
|
RESOLVED (Clr Pakes / Clr Gash) MIN17.812 That Council 1. Congratulate all Shoalhaven teams for their fundraising efforts in the 2017 bash 2. Congratulate Shoalhaven Car 27: (Brian and Joanne Muller, Garry and Joyann Arnold) on being announced “Outright Winners” of the 2017 Variety Bash
|
|
|
CL17.227 Notice of Motion - Development of a Motor Sports Complex at Yerriyong |
HPERM Ref: D17/309347 |
|
Item dealt with earlier/later in the meeting see MIN17.806
|
|
|
CL17.228 Notice of Motion - National Indigenous Football Games |
HPERM Ref: D17/309494 |
|
Item dealt with earlier/later in the meeting see MIN17.807
|
|
|
CL17.229 Notice of Motion - Legal Liability - Climate Change |
HPERM Ref: D17/311184 |
|
Recommendation That 1. Council notes for information the article in the September 2017 Australian Coastal Councils Association Newsletter warning governments around the World of a 'wave of legal action' over their failure to take effective action to minimise the impact of climate change. 2. The General Manager a. Reports back to Council clarifying the legal liability of Shoalhaven City Council and sitting Councillors as individuals, in the event that a decision is made that could be regarded under the Local Government Act 1993 Section 731 as not in "good faith". b. Outlines any legal precedents that might exist in relation to such liability. c. Explains if Councillors are protected under any professional indemnity type insurance cover, either self funded by Council or underwritten by an insurance company. d. Clarifies if a Councillor who votes against a motion that gives rise to legal action is immune from that legal action. e. Give advice as to whether legal liability could arise from failure to act in a situation. f. In the unlikely event that a Minister offered advice contrary to that of his or her Department on an issue and that advice was taken by Councillors, would Councillors then be absolved of any legal liability that arose.
|
|
|
motion (Clr Levett / Clr Cheyne) MIN17.813 That 1. Council notes for information the article in the September 2017 Australian Coastal Councils Association Newsletter warning governments around the World of a 'wave of legal action' over their failure to take effective action to minimise the impact of climate change. 2. The General Manager a. Reports back to Council clarifying the legal liability of Shoalhaven City Council and sitting Councillors as individuals, in the event that a decision is made that could be regarded under the Local Government Act 1993 Section 731 as not in "good faith". b. Outlines any legal precedents that might exist in relation to such liability. c. Explains if Councillors are protected under any professional indemnity type insurance cover, either self funded by Council or underwritten by an insurance company. d. Clarifies if a Councillor who votes against a motion that gives rise to legal action is immune from that legal action. e. Give advice as to whether legal liability could arise from failure to act in a situation. f. In the unlikely event that a Minister offered advice contrary to that of his or her Department on an issue and that advice was taken by Councillors, would Councillors then be absolved of any legal liability that arose. For: Clr Findley, Clr Gartner, Clr Cheyne, Clr Alldrick and Clr Levett Against: Clr Gash, Clr Wells, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot
|
|
Report of the Strategy & Assets Committee - 19 September 2017
Items marked with an * were resolved ‘en block’.
|
MMS17.8 Mayoral Minute - Integrated Transport Preliminary Investigation |
HPERM Ref: D17/310816 |
|
RESOLVED* (Clr Pakes / Clr White) MIN17.814 That Council approve a budget of up to $8000 to undertake a preliminary desktop analysis of transport availability in the Shoalhaven with the aim to identify the gaps in the transport offering and matching Federal and State funding opportunities.
|
|
|
HPERM Ref: D17/264130 |
|
|
RESOLVED* (Clr Pakes / Clr White) MIN17.815 That Council: 1. Excise by subdivision the area of IN1 zoned land within Lot 17 DP 857006 to be incorporated into the industrial area. 2. Prepare and submit a subdivision application over this land to compliment the subdivision of Lot 18 DP 1096605 (stage 5) in the adjoining Woollamia Industrial Estate owned by Council. 3. Authorise the General Manager to sign the necessary documents to effect the subdivisions and to execute under the Seal of Council the plan of subdivision.
|
|
|
HPERM Ref: D17/284486 |
|
|
RESOLVED* (Clr Pakes / Clr White) MIN17.816 That Council: 1. Commit to funding the Shoalhaven Indoor Sports Centre Furniture Fixture Equipment (FFE) Fit-Out Requirements in the amount of $2,919,895 to be funded in the 2018/19 budget 2. Staff continue to seek grant funding to assist with covering the costs of Fit-Out where possible.
|
|
|
HPERM Ref: D17/6573 |
|
|
Recommendation That Council: 1. Receive the report on the possible installation of traffic calming measures on Larmer Avenue, Sanctuary Point, southern side of Cockrow Creek bridge near The Park Drive intersections, for information; and 2. The General Manager (Director Assets & Works) continue to monitor the intersection of Larmer Avenue and Park Drive for future grant funding opportunities for the construction of a local road roundabout to provide effective traffic management and speed control on the eastern approach to Sanctuary Point.
|
|
|
RESOLVED (Clr Proudfoot / Clr Pakes) MIN17.817 That Council: 1. Receive the report on the possible installation of traffic calming measures on Larmer Avenue, Sanctuary Point, southern side of Cockrow Creek bridge near The Park Drive intersections, for information; and 2. The General Manager (Director Assets & Works) continue to monitor the intersection of Larmer Avenue and Park Drive for future grant funding opportunities for the construction of a local road roundabout to provide effective traffic management and speed control on the eastern approach to Sanctuary Point.
|
|
|
SA17.241 Australian Government Black Spot Program 2017/18 - Approved Projects |
HPERM Ref: D17/243201 |
|
Recommendation That Council 1. Accepts the grant funding offers under the Australian Government Blackspot Program as follows: a. $480,000 for the proposed safety improvements on Jervis Bay Road (450m length from 0.2 – 0.65km south of Woollamia Road, Falls Creek), and authorise the expenditure on job number 86666 b. $190,000 for a single lane mountable roundabout at the intersection of Paradise Beach Road & Kingsford Smith Crescent, Sanctuary Point, and authorise the expenditure on job number 86669 c. $295,000 for the proposed safety improvements on The Wool Road (640m length from 0.14 – 0.78km west of Naval College Road, Worrowing Heights), and aurthorise the expenditure on job number 85829 d. $210,000 for the proposed safety improvements on Wheelbarrow Road (1.2km length from 2.0 – 3.2km east of Woodburn Road, Woodburn), and authorise the expenditure on job number 86671 2. The General Manager (Director Assets & Works) writes to the NSW Roads & Maritime Services (RMS) and the Federal Member for Gilmore, thanking them for their ongoing support of the Shoalhaven Community through the Australian Government Black Spot Program and for the support of the RMS staff in reviewing and supporting Council’s nominations for these important local road safety improvements.
|
|
|
RESOLVED (Clr Proudfoot / Clr Kitchener) MIN17.818 That Council 1. Accepts the grant funding offers under the Australian Government Blackspot Program as follows: a. $480,000 for the proposed safety improvements on Jervis Bay Road (450m length from 0.2 – 0.65km south of Woollamia Road, Falls Creek), and authorise the expenditure on job number 86666 b. $190,000 for a single lane mountable roundabout at the intersection of Paradise Beach Road & Kingsford Smith Crescent, Sanctuary Point, and authorise the expenditure on job number 86669 c. $295,000 for the proposed safety improvements on The Wool Road (640m length from 0.14 – 0.78km west of Naval College Road, Worrowing Heights), and aurthorise the expenditure on job number 85829 d. $210,000 for the proposed safety improvements on Wheelbarrow Road (1.2km length from 2.0 – 3.2km east of Woodburn Road, Woodburn), and authorise the expenditure on job number 86671 2. The General Manager (Director Assets & Works) writes to the NSW Roads & Maritime Services (RMS) and the Federal Member for Gilmore, thanking them for their ongoing support of the Shoalhaven Community through the Australian Government Black Spot Program and for the support of the RMS staff in reviewing and supporting Council’s nominations for these important local road safety improvements.
|
|
|
SA17.242 NSW Government Country Passenger Transport Infrastructure Grants Scheme (CPTIGS) 2017/18 - 2018/19 - Approved Projects |
HPERM Ref: D17/243020 |
|
RESOLVED* (Clr Pakes / Clr White) MIN17.819 That Council: 1. Accepts the grant funding offers under the NSW Government Country Passenger Transport Infrastructure Grants Scheme (CPTIGS) program, “in principle” ($180,000 for 18 new shelters), noting the advice from Transport for NSW that the locations Council has nominated have only been partially successful (subject to meeting the program conditions) and authorises the expenditure on job number 85406; 2. Receive a further report once the list of sites has been reviewed and more details, including estimate of costs are available; and 3. The General Manager (Director Assets & Works) writes to Transport for NSW, and the Local Members of Parliament (for Kiama and South Coast), thanking them for their support of the Shoalhaven Community through the NSW CPTIGS program, however advising that it is Council’s intention to review the approved list, in consultation with the community, and seek approval from Transport for NSW of a revised list of projects following consultation and once full details and costs are known.
|
|
|
SA17.243 NSW Government Aboriginal Communities Program 2017/18 - Approved Projects |
HPERM Ref: D17/279844 |
|
RESOLVED* (Clr Pakes / Clr White) MIN17.820 That Council: 1. On behalf of the Jerrinja Local Aboriginal Land Council, accept the grant funding offers under the NSW Government Aboriginal Communities Program as follows: a. $95,000 for footpath and associated kerb ramp works, part of First Street (the western section, west of Fourth Street, as well as the full length of Third and Fourth Streets) at Jerrinja (Orient Point) community, and authorise the expenditure of job number 49038 b. $155,000 for pavement works; part of First Street (the eastern section, east of Fourth Street) and all of Second Street, at Jerrinja (Orient Point) community, and authorise the expenditure on job number 49038 c. $195,000 for pavement works, part of First Street (the western section, west of Fourth Street), as well as all of Third and Fourth Streets) at Jerrinja (Orient Point) community, and authorise the expenditure on job number 49038 2. Authorise the General Manager (Director Assets & Works) to coordinate resources to enable the effective and timely delivery of the works in consultation with Jerrinja Local Aboriginal Land Council. 3. The General Manager (Director Assets & Works) writes to the NSW Roads & Maritime Services, and the Local Members of Parliament (for Kiama and South Coast), thanking them for their support of the Shoalhaven Aboriginal Community through the new NSW Aboriginal Communities program and for the support of RMS staff in reviewing and supporting the nominations for these important local road safety improvements.
|
|
|
SA17.244 State Government Active Transport Program 2017/18 - Approved Projects |
HPERM Ref: D17/243216 |
|
RESOLVED* (Clr Pakes / Clr White) MIN17.821 That Council: 1. Accepts the grant funding offers under the NSW State Government Active Transport Program as follows: a. $1,500,000 for “Round the Bay” shared user path and associated works including a new Moona Moona Creek shared user path bridge, Callala Bay Headland and ‘way finding’ signage generally in accordance with Council’s Restart Illawarra (Environment & Tourism fund) nomination and other key shared user path links and authorise the expenditure on job number 86020; b. $190,000 for the construction of a shared user path and associated works on Vincent and Twyford Streets, Vincentia, and authorises the expenditure on job number 86147; c. $150,000 for the construction of Stage 1 of the proposed shared user path and associated works on Deering Street, Ulladulla, and authorises the expenditure on job number 86148; d. $50,000 for the construction of a pedestrian refuge and associated kerb and pram ramp adjustments on Green Street (at the intersection of the Princes Highway) Ulladulla, and authorises the expenditure on job number 86919; and e. $10,000 for Bike parking facilities (bike racks) installed at various locations across the city, and authorises the expenditure on job number 85438. 2. As a consequence of this grant, the $640,000 allocated by Council to the Moona Moona Creek shared user path bridge project (job number 86020) be reallocated to the Chris Creek shared user path bridge project. 3. The General Manager (Director Assets & Works) writes to the NSW Roads & Maritime Services, and the Local Members of Parliament (for Kiama and South Coast), thanking them for their ongoing support of the Shoalhaven Community through the NSW Active Transport Program and for the support of RMS staff in reviewing and supporting Council’s nominations for these important local safety and accessibility improvements.
|
|
|
SA17.245 NSW Government Safer Roads Program - Local Government Roads 2017/18 and 2018/19 - Approved Projects |
HPERM Ref: D17/279849 |
|
RESOLVED* (Clr Pakes / Clr White) MIN17.822 That Council 1. Accepts the grant funding offers under the NSW Government Safer Roads (Local Government Roads) Program as follows: a. $425,000 for the safety improvements on Bolong Road, from east of Broughton Creek to the northern side of Askeaton Park ($300,000 in 2017/18 and $125,000 in 2018/19), and authorise the expenditure on job number 86637 b. $130,000 in 2018/19 for a single lane roundabout at the intersection of Illaroo Road and Page Avenue, North Nowra, and authorise the expenditure on job number 86665 c. $140,000 in 2018/19 for a single lane roundabout at the intersection of Mitchell Parade and Donlan Avenue, Mollymook, and authorise the expenditure on job number 86668 d. $145,000 in 2018/19 for the safety improvements on Jervis Bay Road, Falls Creek (channelised intersection treatment at the intersection of Gardners Road), and authorise the expenditure on job number 86667 e. $640,000 for the safety improvements on Bolong Road, from north of Coolangatta Road to the northern side of Gerroa Road intersection ($450,000 in 2017/18 and $190,000 in 2018/19), and authorise the expenditure on job number 86639 f. $1,450,000 for the safety improvements on Currarong Road, from chainage 7.7km to chainage 11.5km ($1,000,000 in 2017/18 and $450,000 in 2018/19, and authorise the expenditure on job number 86642 2. The General Manager (Director Assests & Works) writes to the NSW Roads & Maritime Services and the Local Members of Parliament (Kiama and South Coast) thanking them for their ongoing support of the Shoalhaven Community through the NSW Safer Roads Program and for the support of RMS staff in reviewing and supporting Council’s nominations for these important local road safety improvements.
|
|
|
SA17.246 Callala Bay Sailing Club - Erosion Control / Access Improvement / Revegetation Improvements and Funding Sources |
HPERM Ref: D17/224650 |
|
RESOLVED* (Clr Pakes / Clr White) MIN17.823 That Council: 1. Undertake minor access improvement works, including temporary ramps, this financial year in consultation with the Callala Bay Sailing Club, with funding provided from operational budgets. 2. Proceed with design and construction of a suitable permanent beach access for sailing craft in 2018, if Council is successful with its grant application to the NSW Better Boating Now Program for upgrading of boating facilities at Callala Bay.
|
|
|
SA17.247 Proposed Lease - 39 Shoalhaven Street, Nowra - Shoalhaven Community Preschool Incorporated |
HPERM Ref: D17/257463 |
|
RESOLVED* (Clr Pakes / Clr White) MIN17.824 That Council, in its capacity as manager of the Shoalhaven Street (R1003208) Reserve Trust: 1. Enter into a 5 year lease agreement with a 5 year option period with Shoalhaven Community Preschool Incorporated for the use and occupation of 39 Shoalhaven Street, Nowra with incremental increases in rent for the first 3 years as follows: a. Year 1 - $2,127.54 plus GST; b. Year 2 - $4,255.09 plus GST; and c. Year 3 - $7,091.82 plus GST; with CPI increases from year 3 to year 5 and a review at the commencement of the option period; and 2. Make adjustments in the FY 17/18 Quarter 1 financial review and make provisions in the FY 18/19 budget for the following sums to job number 13938 to cover the additional subsidised rent in the first 2 years (if required by Department of Primary Industries – Lands & Forestry):- a. Year 1 - $4,964.28 plus GST (if applicable); b. Year 2 - $2,836.73 plus GST (if applicable). 3. Authorise the General Manager to finalise any lease terms and to sign all documentation required to give effect to this resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed.
|
|
|
SA17.248 Proposed Lease - 101 Jervis Street, Nowra - Lyrebird Preschool Kindergarten Incorporated |
HPERM Ref: D17/258659 |
|
RESOLVED* (Clr Pakes / Clr White) MIN17.825 That Council: 1. Enter into a 5 year lease agreement with a 5 year option period with Lyrebird Preschool Kindergarten Incorporated for the occupation of 101 Jervis Street, Nowra for the purpose of a community preschool with incremental increases in rent for the first 3 years as follows: a. Year 1 - $1,695.30 plus GST; b. Year 2 - $3,390.60 plus GST; and c. Year 3 - $5,651.00 plus GST; with CPI increases for years 4 & 5 and a review to market under the provisions of the rental assessment framework at the commencement of the option period; and 2. Approve the allocation of rent received under the lease agreement into the Property Reserve restricted account; and 3. Authorise the General Manager to sign all documentation required to give effect to this resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed.
|
|
|
SA17.249 Classification of Land - 125 Moss Vale Road Cambewarra |
HPERM Ref: D17/262081 |
|
RESOLVED* (Clr Pakes / Clr White) MIN17.826 That Council resolve to classify the land described as Lot 262 DP794245 known as 125 Moss Vale Road, Cambewarra as Operational Land.
|
|
|
SA17.255 Acquisition of easement over Crown land at Cunjurong Point |
HPERM Ref: D17/255044 |
|
RESOLVED* (Clr Pakes / Clr White) MIN17.827 That: 1. Council resolve to compulsorily acquire an Easement for Electricity Purposes 10 wide & variable over Crown land Lot 482 DP823199, being the area of an existing Easement for Access and Water Supply Pipeline 10 wide & variable shown highlighted green on DP641175 marked ‘Attachment 1’. 2. Council pay compensation as determined by the Valuer General and ancillary costs for the acquisition in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, from Council’s Water Fund. 3. The necessary application be made to the Minister for Local Government and the Governor for approval to the acquisition under the Local Government Act 1993. 4. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.
|
|
|
SA17.256 Acquisition of Crown land and Easement for Access at Vincentia |
HPERM Ref: D17/276897 |
|
RESOLVED* (Clr Pakes / Clr White) MIN17.828 That: 1. Council resolve to compulsorily acquire from the Crown: a. Part of Crown land Lot 1 DP608937 at Captain Street Vincentia, shown as proposed Lot 1 on the attached draft survey plan. b. An Easement for Right of Access 4.555 wide & variable over Crown land Lot 1 DP608937, marked (E) on the attached draft survey plan. 2. Council pay compensation and costs associated with the acquisition, in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991, from Council’s Sewer Fund. 3. The necessary application be made to the Minister for Local Government and the Governor. The acquisition is to be carried out under the Local Government Act 1993. 4. The land to be acquired be classified as Operational land in accordance with Section 31(2) of the Local Government Act 1993 5. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.
|
|
Report of the Shoalhaven Access Advisory Committee - 21 August 2017
|
SAA17.33 Allocation of an appropriate budget to fund Shoalhaven City Council's Disability Inclusion Action Plan (DIAP) |
HPERM Ref: D17/263046 |
|
Recommendation: That Council strongly consider funding the Disability Inclusion Action Plan as soon as possible.
|
|
|
RESOLVED (Clr Pakes / Clr Cheyne) MIN17.829 That Council strongly consider funding the Disability Inclusion Action Plan as soon as possible.
|
|
Report of the Council Bushcare Representatives Group - 4 September 2017
Items marked with an * were resolved ‘en block’.
|
BR17.1 Resignation - Annie Boutland - Council Bushcare Representative Group |
HPERM Ref: D17/279211 |
|
RESOLVED* (Clr White / Clr Gartner) MIN17.830 That Council: 1. Accept the resignation of Ms Annie Boutland 2. Acknowledges the great contribution that Annie has made to the CBRG and her local area 3. Call for nominations from Local Bushcare Groups
|
|
|
BR17.2 Three Bushcare Group Action Plans - Cudmirrah-Berrara , William Mulligan Reserve, Sussex Inlet & Dyball Reserve, Swan Haven - New and Review |
HPERM Ref: D17/264124 |
|
Recommendation That Council adopt the following two (2) new Bushcare Group Action Plans and the one (1) reviewed Bushcare Action Group Plan: 1. Dyball Reserve Bushcare Group Action Plan – Swan Haven 2. William Mulligan Reserve Group Action Plan – Sussex Inlet 3. Berrara – Cudmirrah Bushcare Group Action Plan
|
|
|
RESOLVED (Clr White / Clr Proudfoot) MIN17.831 That 1. Council adopt the following two (2) Bushcare Group Action Plans: a. Dyball Reserve Bushcare Group Action Plan – Swan Haven b. Berrara – Cudmirrah Bushcare Group Action Plan 2. The William Mulligan Reserve Group Action Plan – Sussex Inlet be referred back to Council staff for further amendments to the maps and the crowns land policy license as requested by the Bushcare Representative Groups. Note: Clr Guile left the meeting, the time being 9.07pm.
|
|
|
RESOLVED* (Clr White / Clr Gartner) MIN17.832
That the Council Bushcare Representative Group: 1. Wishes to alert Council to the ending of the grant funding for the two positions of Bush Regenerator Ganger and skilled labourers will cease from 22 December 2017 and the group advocates for council to consider further funding. 2. Recognises the superior contribution that Ronald Carberry and Edward Farrell have brought to the Bushcare movement by imparting their indigenous cultural heritage, their work ethic and their technical bush regeneration skills over an 8 year period. 3. Calls for a further report back to council on the future resources for maintaining these two positions within Council.
|
|
RESOLVED* (Clr White / Clr Gartner) MIN17.833 That Council consider nominating Bushcare Group achievements for appropriate awards including Samuel Dunnett and the Cudmirrah-Berrara Bushcare Group for the 2017 NSW Landcare Awards.
|
|
BR17.5 Additional Item - Inclusion of Biodiversity Overlay in the LEP |
|
RESOLVED* (Clr White / Clr Gartner) MIN17.834 That the Council Bushcare Representative Group support the inclusion in biodiversity overlay for work completed, as part of the Berry Corridor in the LEP.
|
Report of the Shoalhaven Natural Resources & Floodplain Management Committee - 7 September 2017
|
SN17.18 University of Wollongong - Coastal hazard assessment based on sediment budgeting, Southern NSW - ARC Research Partnership Grant Application |
HPERM Ref: D17/260528 |
|
Clr Guile was absent from the meeting. |
|
|
Recommendation That Council commit to providing $5,000 per year over three (3) years (2017/18, 2018/19 & 2019/20) from Council’s coast and estuaries program (15931) to the University of Wollongong towards the Coastal hazard assessment based on sediment budgeting, southern NSW project, if the grant application is successful.
|
|
|
RESOLVED (Clr Gartner / Clr Cheyne) MIN17.835 That Council commit to providing $5,000 per year over three (3) years (2017/18, 2018/19 & 2019/20) from Council’s coast and estuaries program (15931) to the University of Wollongong towards the Coastal hazard assessment based on sediment budgeting, southern NSW project, if the grant application is successful.
|
|
Report of the Shoalhaven Arts Board - 7 September 2017
Items marked with an * were resolved ‘en block’.
|
HPERM Ref: D17/261551 |
|
|
Clr Guile was absent from the meeting. |
|
|
RESOLVED* (Clr Wells / Clr Cheyne) MIN17.836 That Council adopt the draft Shoalhaven Arts Board – Arts & Cultural Strategic Plan “smART Ideals 2017 – 2021”.
|
|
|
AB17.19 Council Policy Revision - South Coast Cooperative Libraries Collection Development Policy |
HPERM Ref: D17/261794 |
|
Clr Guile was absent from the meeting. |
|
|
RESOLVED* (Clr Wells / Clr Cheyne) MIN17.837 That Council adopt the revision of the South Coast Cooperative Libraries Collection Development Policy.
|
|
|
HPERM Ref: D17/269494 |
|
|
Clr Guile was absent from the meeting. |
|
|
RESOLVED* (Clr Wells / Clr Cheyne) MIN17.838 That the following Shoalhaven Arts Board Grants be awarded: 1. Developing the Arts - Sense of Place $5,000 $5000 Anna Thompson – ‘Artist in Conversation” A short film: Artist Ann Glynn Digital Storytelling touring with show. 2. Developing the Arts - Sense of Place $5,000 $5000 Syd Green – Bird Women/Tree Men – Produce & record musical collaboration Jazz and Classical 3. Public Art – Sense of Place $10,000 $10,000 Vanessa Barbay – Bherwerre Wetland Mural Project – Stage 3 Completion of 12 painted panels installed Larmer Ave Sanctuary Point – documenting birds and orchids of the wetlands.
|
|
Report of the Shoalhaven Traffic Committee - 12 September 2017
Items marked with an * were resolved ‘en block’.
|
TC17.67 School Bus Zone and Drop off / Pick up Improvements - Terara Public School, Millbank Road, Terara (PN 3368) |
HPERM Ref: D17/294984 |
|
Clr Guile returned to the room, the time being 9.11pm. |
|
|
RESOLVED* (Clr Pakes / Clr White) MIN17.839 That the General Manager (Director Assets and Works) be requested to arrange for the installation of the following improvements on Millbank Road, adjacent to Terara Public School, Terara, as detailed in the attached TRAF2017/69: 1. Install double barrier (BB) centre line marking and edge (E1) line marking along Millbank Road from its intersection with South Street, Terara to the southern end of the 40kph school speed zone (370m approx.), delineating the bus zone with continuity (C1) line marking. 2. Amend the existing bus zone time restriction to 8am to 9.30am and 2.30pm to 4pm school days, from 2.45pm to 3.15pm school days. 3. Amend the existing No Parking zone time restriction to 8am to 9.30am and 2.30pm to 4pm school days, from 8am to 9.30am school days.
|
|
|
TC17.68 Proposed Vehicle Control Measures - Captain Street, Blenheim Beach Reserve, Vincentia (PN 3411) |
HPERM Ref: D17/295002 |
|
RESOLVED* (Clr Pakes / Clr White) MIN17.840 That the General Manager (Director Assets and Works) be advised that the committee has no objection to the proposed vehicle control measures being installed at the intersection of Elizabeth Drive and Captain Street (Blenheim Beach Reserve), Vincentia as detailed in the attached plan TRAF 2017/70. 1. Subject to sign posting being installed adjacent to the proposed gate and “Road Closed” signage to have the effect of permitting ongoing access for pedestrians and cyclists.
|
|
|
TC17.69 Regulatory Signage and Line Marking - Ocean Street, Mollymook (PN 3429) |
HPERM Ref: D17/295042 |
|
RESOLVED* (Clr Pakes / Clr White) MIN17.841 That the General Manager (Director Assets and Works) be advised that the committee has no objection to the proposed signage and line marking to be installed in conjunction with the Mollymook All Abilities Play space in the reserve off Ocean Street, Mollymook, as detailed in the attached plan TRAF2017/71.
|
|
|
TC17.70 Disabled Parking Space - SEC Car Park, Graham Street, Nowra (PN 3431) |
HPERM Ref: D17/295055 |
|
RESOLVED* (Clr Pakes / Clr White) MIN17.842 That the General Manager (Director Assets and Works) be requested to arrange for the installation of a dedicated parking space for people with disabilities and associated shared zone adjacent to the rear access ramp to the Shoalhaven Entertainment Centre (SEC) car park, Nowra, as detailed in the attached plan TRAF 2017/72.
|
|
|
TC17.71 Amendments to Loading Zone - Egans Lane, Nowra (PN 3432) |
HPERM Ref: D17/295065 |
|
RESOLVED* (Clr Pakes / Clr White) MIN17.843 That the General Manager (Director Assets and Works) be requested to arrange the amendment of 12m (approx.) of the existing loading zone to a No Stopping, on the southern side of Egans Lane, adjacent to 21 Kinghorne Street, Nowra, as detailed in the attached TRAF 2017/73.
|
|
|
TC17.72 No Stopping Zone - South Street, Ulladulla (PN 3433) |
HPERM Ref: D17/295074 |
|
RESOLVED* (Clr Pakes / Clr White) MIN17.844 That the General Manager (Director Assets and Works) be requested to arrange for the installation of a 15m (approx.) No Stopping zone on the southern side of South Street, immediately east of Pindari Place, Ulladulla, as detailed in the attached plan TRAF 2017/74.
|
|
|
CL17.236 Election of Deputy Mayor and Assistant Deputy Mayor |
HPERM Ref: D17/305585 |
|
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 2018.
|
|
|
RESOLVED (Clr Findley / Clr Gartner) MIN17.845 That the election of Deputy Mayor and Assistant Deputy Mayor be conducted by an open show of hands.
|
|
|
Craig Milburn, Director Finance Corporate and Community Services as the Returning Officer informed the meeting that two nominations had been received for the position of Deputy Mayor, the nominations being for Clr White, and Clr Kitchener. Mr Milburn called for nominations from the floor and no more were received. Mr Milburn called for a show of hands and declared Clr White the Deputy Mayor for the ensuing year on a count of 7 votes. Craig Milburn, Director Finance, 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. Clr Whites nomination was disregarded, as she had been appointed as Deputy Mayor reducing the nominations to one, being Clr Pakes. Mr Milburn called for nominations from the floor and no more were received. Mr Milburn declared Clr Pakes the Assistant Deputy Mayor for the ensuing year.
|
|
|
HPERM Ref: D17/305645 |
|
|
Recommendation That Council adopt the Order of Business, as follows, for the Ordinary Meetings of Council: 1. Acknowledgement of Traditional Custodians 2. Opening Prayer 3. Australian National Anthem 4. Apologies/Leave of Absence 5. Confirmation of Minutes 6. Declarations of Interest 7. Presentation of Petitions 8. Mayoral Minutes 9. Deputations & Presentations 10. Notices of Motion and Questions on Notice 11. Report of Committees 12. Report of the Shoalhaven Traffic Committee 13. Officers Reports 14. Addendum Reports 15. 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 (RESOLVED) (Clr Pakes / Clr Proudfoot) MIN17.846 That Council adopt the Order of Business, as follows, for the Ordinary Meetings of Council: 1. Acknowledgement of Traditional Custodians 2. Opening Prayer 3. Australian National Anthem 4. Apologies/Leave of Absence 5. Confirmation of Minutes 6. Declarations of Interest 7. Presentation of Petitions 8. Mayoral Minutes 9. Deputations & Presentations 10. Notices of Motion and Questions on Notice 11. Report of Committees 12. Report of the Shoalhaven Traffic Committee 13. Officers Reports 14. Addendum Reports 15. 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 1 (Clr Levett / Clr Gartner) As printed with part 2 to read: Either no prayer or distribute the prayer to other religions lost For: Clr Findley, Clr Gartner, Clr Cheyne and Clr Levett Against: Clr Gash, Clr Wells, Clr White, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot |
|
|
Amendment 2 (Clr Levett) As printed with the removal of part 3 – National Anthem the amendment lapsed due to a lack of a seconder |
|
|
THE MOTION WAS PUT AND CARRIED
|
|
|
HPERM Ref: D17/306832 |
|
|
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 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 a. 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; b. 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. c. 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; d. Monitor, review and consider matters relating to the operations and strategic direction of Council’s Holiday Haven Tourist Parks Group; e. 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; f. 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; g. 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; h. Make recommendations to Council in respect of fees and charges for water and wastewater services provided by Council; i. Develop, implement, review and adopt strategic policies for water, sewerage and effluent operations of Council; j. Undertake preliminary investigations (feasibility, cost benefit, risk analysis, etc.) into development opportunities for Council’s strategic land holdings and make recommendations to Council. k. Review and make recommendations to Council in relation to: i. The sale prices of land in connection with residential and industrial Council subdivisions; ii. The sale of Council property or the purchase or resumption of land; iii. The compensation to be offered in respect of land resumed by Council; and iv. 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. l. To determine tenders except those tenders required by law to be determined by full Council (MIN17.334). 3. The Delegations of the Development Committee be as follows: Development Committee THAT pursuant to s377 (1) of the Local Government Act 1993 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 a. 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. b. 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. c. 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. d. Determination of variations to development standards related to development applications under the EPA Act where the development application involves a development which seeks to vary 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. e. 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 f. Determination of development applications that Council requires to be determined by the Committee on a case by case basis. g. Review of determinations of development applications under sections 82A and 96AB of the EP&A Act that the General Manager requires to be determined by the Committee. h. 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: a. Strategy and Assets Committee · Membership: o Mayor o All Councillors o General Manager (or nominee) · Chairperson has casting vote · Quorum: Five (5) b. Development Committee · Membership: o Mayor o All Councillors o General Manager (or nominee) · Chairperson has casting vote · Quorum: Five (5) 5. That a Chairperson and Deputy Chairperson be appointed for each of the Core Committees: a. Development Committee i. Chairperson ii. Deputy Chairperson b. Strategy and Assets Committee i. Chairperson ii. Deputy Chairperson
|
|
|
RESOLVED (Clr Wells / Clr Gash) MIN17.847 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 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 a. 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; b. 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. c. 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; d. Monitor, review and consider matters relating to the operations and strategic direction of Council’s Holiday Haven Tourist Parks Group; e. 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; f. 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; g. 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; h. Make recommendations to Council in respect of fees and charges for water and wastewater services provided by Council; i. Develop, implement, review and adopt strategic policies for water, sewerage and effluent operations of Council; j. Undertake preliminary investigations (feasibility, cost benefit, risk analysis, etc.) into development opportunities for Council’s strategic land holdings and make recommendations to Council. k. Review and make recommendations to Council in relation to: i. The sale prices of land in connection with residential and industrial Council subdivisions; ii. The sale of Council property or the purchase or resumption of land; iii. The compensation to be offered in respect of land resumed by Council; and iv. 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. l. To determine tenders except those tenders required by law to be determined by full Council (MIN17.334). 3. The Delegations of the Development Committee be as follows: Development Committee THAT pursuant to s377 (1) of the Local Government Act 1993 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 a. 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. b. 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. c. 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. d. Determination of variations to development standards related to development applications under the EPA Act where the development application involves a development which seeks to vary 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. e. 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 f. Determination of development applications that Council requires to be determined by the Committee on a case by case basis. g. Review of determinations of development applications under sections 82A and 96AB of the EP&A Act that the General Manager requires to be determined by the Committee. h. 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: a. Strategy and Assets Committee · Membership: o Mayor o All Councillors o General Manager (or nominee) · Chairperson has casting vote · Quorum: Five (5) b. Development Committee · Membership: o Mayor o All Councillors o General Manager (or nominee) · Chairperson has casting vote · Quorum: Five (5) 5. That a Chairperson and Deputy Chairperson be appointed for each of the Core Committees: a. Development Committee i. Chairperson – Clr Gash ii. Deputy Chairperson – Clr Levett b. Strategy and Assets Committee i. Chairperson – Clr Wells ii. Deputy Chairperson – Clr Proudfoot
|
|
|
CL17.239 Determination of Date and Time of "Core" Council Committee Meetings, Ordinary Meetings and Councillor Briefings |
HPERM Ref: D17/306869 |
|
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 2 – Development Committee ii. Week 3 – Strategy and Assets Committee; iii. Week 4 – Ordinary Meeting. b. Meetings and briefings not being held during the following periods: i. Local Government Association Conference - 4 to 6 December 2017 ii. Christmas break, including the first Two (2) weeks of January 2018 iii. Easter break iv. Australian Local Government Association General Assembly – 17 to 20 June 2018 v. The second and third weeks of July 2018 (school holidays). 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 to be generally at 5.00pm 4. Determine the start time for Councillor Briefings to be generally at 4:00 pm.
|
|
|
RESOLVED (Clr Alldrick / Clr Gartner) MIN17.848 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 2 – Development Committee ii. Week 3 – Strategy and Assets Committee; iii. Week 4 – Ordinary Meeting. b. Meetings and briefings not being held during the following periods: i. Local Government Association Conference - 4 to 6 December 2017 ii. Christmas break, including the first Two (2) weeks of January 2018 iii. Easter break iv. Australian Local Government Association General Assembly – 17 to 20 June 2018 v. The second and third weeks of July 2018 (school holidays). 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 to be generally at 5.00pm 4. Determine the start time for Councillor Briefings to be generally at 4:00 pm.
|
|
|
HPERM Ref: D17/306924 |
|
|
Recommendation That Council 1. 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 purpose, 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 purpose, 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. Homelessness Taskforce Shoalhaven f. Nowra CBD Revitalisation Strategy g. Rural Fire Service Strategic Planning Committee h. Shoalhaven Access Advisory Committee i. Shoalhaven Arts Board j. Shoalhaven City Mayor’s Relief Fund k. Shoalhaven Natural Resources & Floodplain Management Committee l. Shoalhaven Sports Board m. Shoalhaven Tourism Advisory Group n. Sustainable Futures Committee o. Youth Advisory Committee 5. Disband the Shoalhaven Heads Estuary Taskforce.
|
|
|
RESOLVED (Clr Wells / Clr White) MIN17.849 That Council 1. 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 separate report to this meeting - Report Number CL17.241 see MIN17.850 2. Establish the Regional Development Committee (39964E) pursuant to Section 355 and Section 377 of the Local Government Act, with purpose, delegation, membership and quorum as outlined in separate report to this meeting. Report Number CL17.242 see MIN17.851 3. Establish the Senior Staff Contractual Matters Committee (5001E) pursuant to Section 355 and Section 377 of the Local Government Act, with purpose, delegation, membership and quorum as outlined in separate report to this meeting. CL17.243 see MIN17.852 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 in separate report to this meeting: a. Aboriginal Advisory Committee – CL17.244 see MIN17.853 b. Business and Employment Development Committee – CL17.245 see MIN17.854 c. Children’s Services Reference Group – CL17.246 see MIN17.855 d. Council Bushcare Representative Group – CL17.247 see MIN17.856 e. Homelessness Taskforce Shoalhaven – CL17.248 see MIN17.857 f. Nowra CBD Revitalisation Strategy – CL17.249 see MIN17.858 g. Rural Fire Service Strategic Planning Committee – CL17.250 see MIN17.859 h. Shoalhaven Access Advisory Committee – CL17.251 see MIN17.860 i. Shoalhaven Arts Board – CL17.252 see MIN17.861 j. Shoalhaven City Mayor’s Relief Fund – CL17.253 see MIN17.862 k. Shoalhaven Natural Resources & Floodplain Management Committee – CL17.255 see MIN17.864 l. Shoalhaven Sports Board – CL17.256 see MIN17.865 m. Shoalhaven Tourism Advisory Group – CL17.257 see MIN17.866 n. Sustainable Futures Committee – CL17.258 see MIN17.867 o. Youth Advisory Committee – CL17.259 see MIN17.868 p. Shoalhaven Heads Estuary Taskforce – CL17.254 see MIN17.863
|
|
|
HPERM Ref: D17/306936 |
|||||||||||||
|
RESOLVED (Clr White / Clr Gash) MIN17.850 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 follows:
|
|||||||||||||
|
HPERM Ref: D17/306951 |
|||||||||||
|
RESOLVED (Clr Wells / Clr White) MIN17.851 That Council establish the Regional Development Committee (39964E) pursuant to Section 355 and Section 377 of the Local Government Act.
|
|||||||||||
|
HPERM Ref: D17/307053 |
||||||||||||||||
|
RESOLVED (Clr Gartner / Clr White) MIN17.852 That Council establish the Senior Staff Contractual Matters Committee pursuant to Section 355 and Section 377 of the Local Government Act.
|
||||||||||||||||
|
HPERM Ref: D17/307067 |
||||||||||||||||||||||||
|
RESOLVED (Clr Cheyne / Clr Levett) MIN17.853 That Council establish the Aboriginal Advisory Committee pursuant to Section 355 and Section 377 of the Local Government Act .
|
||||||||||||||||||||||||
|
HPERM Ref: D17/307089 |
||||||||||||||||||||||||
|
RESOLVED (Clr Alldrick / Clr Levett) MIN17.854 That Council establish the Business & Employment Development Committee pursuant to Section 355 and Section 377 of the Local Government Act .
|
||||||||||||||||||||||||
|
HPERM Ref: D17/307103 |
||||||||||||||||||||||||
|
RESOLVED (Clr White / Clr Cheyne) MIN17.855 That Council establish the Childrens Services Reference Group pursuant to Section 355 and Section 377 of the Local Government Act .
|
||||||||||||||||||||||||
|
HPERM Ref: D17/307120 |
||||||||||||||||||||||||
|
RESOLVED (Clr White / Clr Gartner) MIN17.856 That Council establish the Council Bushcare Representative Group pursuant to Section 355 and Section 377 of the Local Government Act .
|
||||||||||||||||||||||||
|
HPERM Ref: D17/307134 |
|||||||||||||||||||||||||||
|
RESOLVED (Clr Gash / Clr Alldrick) MIN17.857 That Council establish the Homelessness Taskforce Shoalhaven pursuant to Section 355 and Section 377 of the Local Government Act .
|
|||||||||||||||||||||||||||
|
HPERM Ref: D17/307150 |
||||||||||||||||||||||||
|
RESOLVED (Clr Pakes / Clr Gash) MIN17.858 That Council establish the Nowra CBD Revitalisation Strategy Committee pursuant to Section 355 and Section 377 of the Local Government Act .
For: Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson and Clr Kitchener Against: Clr Proudfoot |
||||||||||||||||||||||||
|
HPERM Ref: D17/307162 |
||||||||||||||||||||||||
|
RESOLVED (Clr Pakes / Clr Kitchener) MIN17.859 That Council establish the Rural Fire Service Strategic Planning Committee pursuant to Section 355 and Section 377 of the Local Government Act .
|
||||||||||||||||||||||||
|
HPERM Ref: D17/307172 |
||||||||||||||||||||||||
|
RESOLVED (Clr Cheyne / Clr Alldrick) MIN17.860 That Council establish the Shoalhaven Access Advisory Committee pursuant to Section 355 and Section 377 of the Local Government Act .
|
||||||||||||||||||||||||
|
HPERM Ref: D17/307181 |
||||||||||||||||||||||||
|
RESOLVED (Clr Gash / Clr Pakes) MIN17.861 That Council establish the Shoalhaven Arts Board pursuant to Section 355 and Section 377 of the Local Government Act .
|
||||||||||||||||||||||||
|
HPERM Ref: D17/307186 |
||||||||||||||||||||||||
|
RESOLVED (Clr Gash / Clr Alldrick) MIN17.862 That Council establish the Shoalhaven City Mayor’s Relief Fund pursuant to Section 355 and Section 377 of the Local Government Act .
|
||||||||||||||||||||||||
|
HPERM Ref: D17/307189 |
||||||||||||||
|
Recommendation That Council disband the Shoalhaven Heads Estuary Taskforce.
|
||||||||||||||
|
That Council establish the Shoalhaven Heads Estuary Taskforce pursuant to Section 355 and Section 377 of the Local Government Act RESOLVED (Clr Pakes / Clr Guile) MIN17.863
|
||||||||||||||
|
CL17.255 Shoalhaven Natural Resources & Floodplain Management Committee |
HPERM Ref: D17/307199 |
|||||||||||||||||||||||
|
RESOLVED (Clr White / Clr Cheyne) MIN17.864 That Council establish the Shoalhaven Natural Resource & Floodplain Management Committee pursuant to Section 355 and Section 377 of the Local Government Act .
|
||||||||||||||||||||||||
|
HPERM Ref: D17/307205 |
||||||||||||||||||||||||
|
RESOLVED (Clr Pakes / Clr Gartner) MIN17.865 That Council establish the Shoalhaven Sports Board pursuant to Section 355 and Section 377 of the Local Government Act .
|
||||||||||||||||||||||||
|
HPERM Ref: D17/307216 |
||||||||||||||||||||||||
|
RESOLVED (Clr Gash / Clr White) MIN17.866 That Council establish the Shoalhaven Tourism Advisory Group pursuant to Section 355 and Section 377 of the Local Government Act .
|
||||||||||||||||||||||||
|
HPERM Ref: D17/307233 |
||||||||||||||||||||||||
|
RESOLVED (Clr White / Clr Gartner) MIN17.867 That Council establish the Sustainable Futures Committee pursuant to Section 355 and Section 377 of the Local Government Act .
For: Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick, Clr Levett, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Clr Guile
|
||||||||||||||||||||||||
|
HPERM Ref: D17/307255 |
||||||||||||||||||||||||
|
RESOLVED (Clr Pakes / Clr Cheyne) MIN17.868 That Council establish the Youth Advisory Committee pursuant to Section 355 and Section 377 of the Local Government Act .
|
||||||||||||||||||||||||
|
CL17.260 Council Representatives on Other Committees or Organisations Outside of Council |
HPERM Ref: D17/306912 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
RESOLVED (Clr Findley / Clr Cheyne) MIN17.869 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 2018.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
a)
b)
c)
d)
e) Note: The amendments proposed in the Local Government Act 1993 will provide that the Role of Mayor includes representing Council on the Joint Organisation and also that General Managers can no longer be appointed as delegates.
f)
Note: Clr Guile left the meeting, the time being 9.56pm.
g) Note: The council appointed members can either be councillors, community members or a combination of both.
h) Note: The Mayor & General Manager are members under the constitution. Council may wish to appoint an alternate delegate.
i)
a. Council write to the Noxious Weeds Advisory Committee and request an update on their operations and schedule. j)
k)
l)
m)
n)
o)
p)
q)
r)
s)
t)
u)
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Procedural Motion - Adjournment of Meeting |
|
RESOLVED (Clr Findley / Clr Gash) MIN17.870 That the meeting be adjourned until 4.00pm on Tuesday 3 October 2017.
|
Note: The meeting adjourned, the time being 10.00pm, Tuesday 26 September 2017.
Note: The meeting reconvened, the time being 4.00pm, Tuesday 3 October 2017
When the following members were present:
Clr Amanda Findley - Chairperson
Clr Joanna Gash
Clr John Wells
Clr Patricia White
Clr Kaye Gartner
Clr Nina Cheyne
Clr Annette Alldrick
Clr John Levett
Clr Greg Watson – arrived 4.10pm
Clr Mitchell Pakes
Clr Bob Proudfoot
Note: An Apology for Clr Mark Kitchener was received.
|
CL17.213 Request for Donation - Reduction of Annual Rent - Milton Ulladulla Men's Shed |
HPERM Ref: D17/255349 |
|
Recommendation That Council decline the request from Milton Ulladulla Men’s Shed for a donation of $471 as a deduction to reduce their rent payment commitments to $1 per annum, as such a deduction is not in accordance with the Council Owned and Managed Land Policy (POL16/150).
|
|
|
RESOLVED (Clr White / Clr Proudfoot) MIN17.871 That the matter of - Request for Donation - Reduction of Annual Rent - Milton Ulladulla Men's Shed, be deferred to a briefing of all Councillors with respect to donations
|
|
|
CL17.214 Shoalhaven Community Transport Request - Utilise 2017-2018 Donation Amount to Purchase an Additional Vehicle |
HPERM Ref: D17/263467 |
|
Recommendation That Council approve Shoalhaven Community Transport’s request to use their 2017-2018 financial year donation amount of $9,985 for the purchase of another community transport vehicle.
|
|
|
Note: Clr Watson arrived, the time being 4.10pm. |
|
|
Motion (Clr Gash / Clr Cheyne) That Council approve Shoalhaven Community Transport’s request to use their 2017-2018 financial year donation amount of $9,985 for the purchase of another community transport vehicle. |
|
|
RESOLVED (AMENDMENT) (Clr Proudfoot / Clr Pakes) MIN17.872 That Council: 1. Approve Shoalhaven Community Transport’s request to use their 2017-2018 financial year donation amount of $9,985 for the purchase of another community transport vehicle 2. Actively pursue grant funding from State and Federal Government for this very worthy cause THE AMENDMENT BECAME THE MOTION THE MOTION WAS PUT AND CARRIED
|
|
|
CL17.261 Replacement of Indoor Pool Filtration – Ulladulla Leisure Centre |
HPERM Ref: D17/279431 |
|
Recommendation In order to enable replacement and refurbishment of Ulladulla Leisure Centre Indoor Pools Filtration, Pumps and Hydraulics with Australian made Regenerative, Precoat Media Diatomaceous Earth Filters, Council: 1. Commit the sum of $615,500 (exGST) to this project from Strategic Project Reserve Funds 2. Staff continue to research and source grant funding to recover costs.
|
|
|
RESOLVED (Clr Findley / Clr Pakes) MIN17.873 In order to enable replacement and refurbishment of Ulladulla Leisure Centre Indoor Pools Filtration, Pumps and Hydraulics with Australian made Regenerative, Precoat Media Diatomaceous Earth Filters, Council: 1. Commit the sum of $615,500 (exGST) to this project from Strategic Project Reserve Funds 2. Staff continue to research and source grant funding to recover costs.
|
|
|
CL17.262 Shoalhaven Indoor Sporting Centre - Management Options |
HPERM Ref: D17/283806 |
|
Recommendation That Council 1. Prepare a Request for Tender for the management and operation of the Shoalhaven Indoor Sports Centre through a Management Agreement, 2. Publically advertise the Request for Tender for interested parties to prepare a submission, 3. Submit a further report to Council on the outcome of the Request for Tender process
|
|
|
RESOLVED (Clr Gash / Clr Cheyne) MIN17.874 That Council 1. Prepare a Request for Tender for the management and operation of the Shoalhaven Indoor Sports Centre through a Management Agreement, 2. Publically advertise the Request for Tender for interested parties to prepare a submission, 3. Submit a further report to Council on the outcome of the Request for Tender process
|
|
|
HPERM Ref: D17/286229 |
|
|
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 Committee be renewed, however discussions commence to transition this Committee to an occupancy agreement within 2 years: a. Former Pyree School (Family History Society & pottery shed), b. The management and operation of the facility transition to an occupancy agreement. 4. The following Section 355 Management Committee be acknowledged to have dissolved: a. Milton Pony Club grounds, b. The management and operation of the facility transition to an occupancy agreement. 5. The following Section 355 Management Committee be acknowledged to have dissolved and management of the facility has reverted to Council. a. Cudmirrah Berrara Community Hall & Tennis Courts.
|
|
|
RESOLVED (Clr White / Clr Proudfoot) MIN17.875 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 Former Pyree School (Family History Society and Pottery Shed) be retained as a 355 Committee 3. The authorisation to the General Manager to appoint members as required be confirmed. 4. The following Section 355 Management Committee be acknowledged to have dissolved: a. Milton Pony Club grounds, b. The management and operation of the facility transition to an occupancy agreement. 5. The following Section 355 Management Committee be acknowledged to have dissolved and management of the facility has reverted to Council. a. Cudmirrah Berrara Community Hall & Tennis Courts.
|
|
|
CL17.264 Social Housing Community Improvement Fund - Parramatta Park - Funding Success |
HPERM Ref: D17/311033 |
|
Recommendation That Council 1. Accept the grant amount of $50,000 towards the construction of a learn to ride path in Parramatta Park Nowra East. 2. Write and thank Family and Community Services
|
|
|
RESOLVED (Clr Gartner / Clr Cheyne) MIN17.876 That Council 1. Accept the grant amount of $50,000 towards the construction of a learn to ride path in Parramatta Park Nowra East. 2. Write and thank Family and Community Services.
|
|
|
CL17.265 2017 Local Government NSW Annual Conference - Motions |
HPERM Ref: D17/304815 |
|
Recommendation That Council adopt the Motions, as printed in the report and, if accepted, the Motions be submitted to Local Government NSW for inclusion in the Conference Agenda.
|
|
|
RESOLVED (Clr Gartner / Clr White) MIN17.877 That Council adopt the Motions, as printed in the report and submit them to Local Government NSW for inclusion in the Conference Agenda.
|
|
|
CL17.266 Ratepayer Advance - Kerb & Gutter - 14 - 18 Plantation Point Pde Vincentia |
HPERM Ref: D17/298375 |
|
Recommendation That Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with: 1. Colin Robert McDougall of 14 Plantation Point Parade, Vincentia in respect of Kerb and Gutter construction to the value of $7,172.96 (advance) of which $2,296.16 (excluding GST) is the contribution, $4,876.80 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $6,096.00 (additional $242.00 to be charged for an additional driveway layback). 2. Kerrie Anne Kelly & Paul David Kelly of 16 Plantation Point Parade, Vincentia in respect of Kerb and Gutter construction to the value of $6,671.70 (advance) of which $2,135.70 (excluding GST) is the contribution, $4,536.00 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,670.00. 3. Benita Patrice Hodder & Rene Paul Hodder of 18 Plantation Point Parade, Vincentia NSW 2540 in respect of Kerb and Gutter construction to the value of $6,025.71 (advance) of which $1,928.91 (excluding GST) is the contribution, $4,096.80 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,121.00. 4. 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 Proudfoot) MIN17.878 That Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with: 1. Colin Robert McDougall of 14 Plantation Point Parade, Vincentia in respect of Kerb and Gutter construction to the value of $7,172.96 (advance) of which $2,296.16 (excluding GST) is the contribution, $4,876.80 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $6,096.00 (additional $242.00 to be charged for an additional driveway layback). 2. Kerrie Anne Kelly & Paul David Kelly of 16 Plantation Point Parade, Vincentia in respect of Kerb and Gutter construction to the value of $6,671.70 (advance) of which $2,135.70 (excluding GST) is the contribution, $4,536.00 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,670.00. 3. Benita Patrice Hodder & Rene Paul Hodder of 18 Plantation Point Parade, Vincentia NSW 2540 in respect of Kerb and Gutter construction to the value of $6,025.71 (advance) of which $1,928.91 (excluding GST) is the contribution, $4,096.80 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,121.00. 4. 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. |
|
|
CL17.267 Proposed Acquisition of Land for Far North Collector Road - 333 Illaroo Road North Nowra |
HPERM Ref: D17/300982 |
|
Recommendation That Council authorise the commencement of negotiations for the acquisition of 333 Illaroo Road, North Nowra in accordance with the provisions of the Land Acquisition (Just Terms) Compensation Act 1991 and that a further report on the outcome of the negotiations be considered.
|
|
|
RESOLVED (Clr Wells / Clr Gartner) MIN17.879 That Council authorise the commencement of negotiations for the acquisition of 333 Illaroo Road, North Nowra in accordance with the provisions of the Land Acquisition (Just Terms) Compensation Act 1991 and that a further report on the outcome of the negotiations be considered.
|
|
|
HPERM Ref: D17/309784 |
|
|
Recommendation That Council resolve to lease Council owned property at 125 Moss Vale Road, Cambewarra in accordance with the Residential Tenancy Act 2010 and that the General Manager be delegated authority to determine the detail, terms and conditions of any agreement not yet finalised.
|
|
|
RESOLVED (Clr Wells / Clr White) MIN17.880 That Council resolve to lease Council owned property at 125 Moss Vale Road, Cambewarra in accordance with the Residential Tenancy Act 2010 and that the General Manager be delegated authority to determine the detail, terms and conditions of any agreement not yet finalised.
|
|
|
CL17.269 Rezoning Request - Parma Yerriyong Community Association Inc. |
HPERM Ref: D17/291664 |
|
Item dealt with earlier in the meeting see MIN17.807.
|
|
|
Introduction of Items as Matters of Urgency |
|
RESOLVED (Clr Levett / Clr White) MIN17.881 That the following addendum reports be introduced as matters of urgency: 1. CL17.270 Report of the Aboriginal Advisory Committee - 11 September 2017 2. CL17.271 Investment Report August 2017 3. CL17.272 Pathways to financial sustainability 4. CL17.273 Sale of Council Employment Land - Lot 124 DP1124258, 24 Trim St, South Nowra
|
|
The Chairperson ruled the matters as ones of urgency as they relate to urgent business of Council and allowed their introduction. |
Report of the Aboriginal Advisory Committee - 11 September 2017
|
AA17.16 Additional Item – Amendment of the Terms of Reference and Membership |
|
Recommendation That: 1. The Terms of Reference be amended to reflect that if members haven’t attended 3 meetings without an apology that a reminder/courtesy letter be sent advising that they have missed 3 meetings and their membership will lapse if they do not confirm their membership in writing; 2. The Terms of Reference be amended to reflect the membership being a total of 21 members made up of the following: a. 13 Aboriginal Community members, including 2 youth members b. 1 NPWS Representative (Valda Corrigan) c. 3 LALC’s – Nowra LALC, Jerringa LALC and Ulladulla LALC d. 3 Councillors e. General Manager or nominee
|
|
RESOLVED (Clr Cheyne / Clr White) MIN17.882 That: 1. The Terms of Reference be amended to reflect that if members haven’t attended 3 meetings without an apology that a reminder/courtesy letter be sent advising that they have missed 3 meetings and their membership will lapse if they do not confirm their membership in writing; 2. The Terms of Reference be amended to reflect the membership being a total of 21 members made up of the following: a. 13 Aboriginal Community members, including 2 youth members b. 1 NPWS Representative (Valda Corrigan) c. 3 LALC’s – Nowra LALC, Jerringa LALC and Ulladulla LALC d. 3 Councillors e. General Manager or nominee
|
|
Recommendation That Council thank Natalie Lloyd for her interest in the Aboriginal Advisory Committee and welcome Natalie to attend the meetings as a non voting participant.
|
|
RESOLVED (Clr Cheyne / Clr White) MIN17.883 That Council thank Natalie Lloyd for her interest in the Aboriginal Advisory Committee and welcome Natalie to attend the meetings as a non voting participant.
|
|
HPERM Ref: D17/307300 |
|
|
Recommendation That the Report of the General Manager (Finance Corporate and Community Services Group) on the Record of Investments for the period to 31 August 2017 be received for information.
|
|
|
RESOLVED (Clr Wells / Clr White) MIN17.884 That the Report of the General Manager (Finance Corporate and Community Services Group) on the Record of Investments for the period to 31 August 2017 be received for information.
|
|
|
HPERM Ref: D17/308897 |
|
|
Recommendation That Council adopt Option 1 which will retain existing services, allow modest “new” asset spend, move towards meeting all FFTF benchmarks and stage the further rate increase required over the next three years.
|
|
|
Motion (Clr Pakes / Clr Watson) That Council: 1. Not apply for the 13.2% increase for the 2018/2019 financial year 2. Apply for a 2% rate increase + rate pegging for the remainder of this Council term 3. Informs its community of State Government and Federal Government “cost shifting”, including the waste levy, and actively campaign against cost shifting and its implications and detrimental effects on rates leading to the next State Government election and beyond. For: Clr Pakes, Clr Watson and Clr Proudfoot Against: Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick and Clr Levett LOST |
|
|
RESOLVED (Clr Proudfoot / Clr Watson) MIN17.885 That an extension of time be granted for Clr Pakes. For: Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Alldrick, Clr Levett, Clr Pakes, Clr Watson and Clr Proudfoot Against: Clr Gartner and Clr Cheyne CARRIED
|
|
|
RESOLVED (Clr Gartner / Clr Gash) MIN17.886 That Council adopt Option 1 of the report to retain the 13.2% special variation approved as a one-off increase in 2017/18 as a permanent increase and for additional special variations (inclusive of a rate peg of 2.5% pa) of 5% in 2018/19, 5% in 2019/20 and 5% in 2020/21 which will retain existing services, allow modest “new” asset spend and move towards meeting all FFTF benchmarks For: Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick and Clr Levett Against: Clr Pakes, Clr Watson and Clr Proudfoot Note: A Rescission Motion was received on this item.
|
|
|
CL17.273 Sale of Council Employment Land - Lot 124 DP1124258, 24 Trim St, South Nowra |
HPERM Ref: D17/308897 |
|
Recommendation That 1. Council employment land (Lot 124 DP 1124258, 24 Trim Street, South Nowra) be sold for $315,000 (plus GST) to D W Selby & D J Selby. 2. The General Manager be authorised to sign the Contracts for Sale, and 3. The Transfer to complete the Contracts for Sale be executed under the Seal of Council
|
|
|
RESOLVED (Clr Alldrick / Clr White) MIN17.887 That 1. Council employment land (Lot 124 DP 1124258, 24 Trim Street, South Nowra) be sold for $315,000 (plus GST) to D W Selby & D J Selby. 2. The General Manager be authorised to sign the Contracts for Sale, and 3. The Transfer to complete the Contracts for Sale be executed under the Seal of Council.
|
|
Note: Rescission Motions were received in relation to the following items:
· CL17.272 - Pathways to financial sustainability
· CL17.227 - Notice of Motion – Development of a Motorsports Facility at Yerriyong.
There being no further business, the meeting concluded, the time being 6.18pm, Tuesday 3 October 2017.
Clr Findley
CHAIRPERSON