Minutes of the Ordinary Meeting
Meeting Date: Tuesday, 28 November 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 – left the meeting, the time being 7.13pm
Clr Patricia White
Clr Kaye Gartner
Clr Nina Cheyne
Clr Annette Alldrick
Clr John Levett
Clr Andrew Guile
Clr Mitchell Pakes
Clr Greg Watson – left the meeting, the time being 9.46pm
Clr Mark Kitchener
Clr Bob Proudfoot
The meeting was opened by an Acknowledgement of Traditional Custodians by the Chairperson, followed with a Prayer by Pastor Greg Christian – Bomaderry Uniting Church and the playing of the Australian National Anthem.
Clr Guile requested a leave of absence for the Council Ordinary Meeting, Tuesday 19 December 2017.
Clr Wells requested a leave of absence for the Development Committee, Monday 11 December 2017.
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Leave of Absence |
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RESOLVED (Clr Cheyne / Clr Alldrick) MIN17.991 That the following leave of absences be granted: · Clr Guile - Council Ordinary Meeting, Tuesday 19 December 2017 · Clr Wells - Development Committee, Monday 11 December 2017.
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RESOLVED (Clr Gartner / Clr White) MIN17.992
That the Minutes of the Ordinary Meeting of Ordinary Meeting held on Tuesday 24 October 2017 be confirmed.
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Clr Pakes – non pecuniary less than significant – CL17.322 Kangaroo Valley Rural Fire Station Enhancement or Relocation – he is a member of the Rural Fire Service and Senior Deputy Captain of Culburra Beach Rural Fire Service – will remain in the room and will take part in discussion or vote.
Clr Wells – less than significant non pecuniary – CL17.299 Rescission Motion - SA17.279 - Donation Request - Shoalhaven Heads Chamber of Commerce & Tourism - New Years Eve Fireworks – His son and daughter in law and mother in law are residents of Shoalhaven Heads, the deputee was an employer of a family member 20 years ago. There may be a perception of supporting a public event to the benefit of his family member. Will remain in the room and will take part in discussion or vote.
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HPERM Ref: D17/393443 |
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Recommendation That Council receive the report – Community Matters for information.
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RESOLVED (Clr Findley / Clr Gash) MIN17.993 That Council 1. Receive the report – Community Matters for information 2. Write to Dr Bill Ryan OAM’s family passing on condolences 3. Write to Mr Bernie McLeod congratulating him on the National Indigenous Football Championships success.
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Mr Colin Waller addressed the Council in relation to item CL17.300 - Notice of Motion - Donation Request - Shoalhaven Heads Chamber of Commerce & Tourism - New Years Eve Fireworks
Mr Carl Millington – Auditor – provided a presentation to Council in relation to item CL17.318 – Presentation of the Annual Financial Statements 30 June 2017.
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Procedural Motion - Bring Item Forward |
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RESOLVED (Clr Guile / Clr Cheyne) MIN17.994 That the matters of the following items be brought forward for consideration: · SA17.282 - September 2017 - Quarterly Budget Review · CL17.317 - Investment Report - October 2017 · CL17.318 - Presentation of the Annual Financial Statements 30 June 2017 · CL17.326 - Integrated Strategic Plan (CSP and DPOP)- Special Rate Variation
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HPERM Ref: D17/375179 |
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Recommendation That Council: 1. Receive the September Quarterly Budget Review information 2. Adopt the adjustments, including movements to and from Reserves as outlined in the September Quarterly Budget Review Statement.
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RESOLVED (Clr Wells / Clr White) MIN17.995 That Council: 1. Receive the September Quarterly Budget Review information 2. Adopt the adjustments, including movements to and from Reserves as outlined in the September Quarterly Budget Review Statement.
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HPERM Ref: D17/378802 |
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Recommendation That the Report of the General Manager (Finance Corporate and Community Services Group) on the Record of Investments for the period to 31 October 2017 be received for information.
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RESOLVED (Clr Wells / Clr Gash) MIN17.996 That the Report of the General Manager (Finance Corporate and Community Services Group) on the Record of Investments for the period to 31 October 2017 be received for information.
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CL17.318 Presentation of the Annual Financial Statements 30 June 2017 |
HPERM Ref: D17/379700 |
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Note: Mr Carl Millington – Auditor – provided a presentation to Council in relation to this item earlier in the meeting. |
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Recommendation That the audited Annual Financial Statements for the year ended 30th June 2017, together with the Auditor’s Report, be presented to the public at the Ordinary Meeting of Council on 28 November 2017.
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RESOLVED (Clr Wells / Clr Alldrick) MIN17.997 That the audited Annual Financial Statements for the year ended 30th June 2017, together with the Auditor’s Report, be presented to the public at the Ordinary Meeting of Council on 28 November 2017.
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Introduction of Items as Matters of Urgency |
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RESOLVED (Clr Gash / Clr White) MIN17.998 That the following addendum reports be introduced as matters of urgency: 1. CL17.326 Integrated Strategic Plan (CSP and DPOP)- Special Rate Variation 2. CL17.327 Shoalhaven Coastal Zone Management Plan (CZMP) certification
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The Chairperson ruled the matters as ones of urgency as they relate to urgent business of Council and allowed their introduction.
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CL17.326 Integrated Strategic Plan (CSP and DPOP)- Special Rate Variation |
HPERM Ref: D17/391915 |
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Recommendation That Council: 1. Receive the feedback and results of community engagement 2. Adopt the amended Integrated Strategic Plan 2017 including the CSP, DPOP, Long Term Financial Plan and Chapter 7 SRV which include changes made to this document to specifically outline the proposed SRV, impact on residents and proposed expenditure of the SRV. 3. Authorise staff to notify IPART of its intention to apply for a Special Rate Variation Application for the retention of 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. 4. That Council proceed with the formal Special Rate Variation Application for 2018/19 and submit this in line with the timelines set by IPART (i.e. February 2018)
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Motion (Clr Cheyne / Clr Gartner) That Council: 1. Receive the feedback and results of community engagement 2. Adopt the amended Integrated Strategic Plan 2017 including the CSP, DPOP, Long Term Financial Plan and Chapter 7 SRV which include changes made to this document to specifically outline the proposed SRV, impact on residents and proposed expenditure of the SRV. 3. Authorise staff to notify IPART of its intention to apply for a Special Rate Variation Application for the retention of 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. 4. That Council proceed with the formal Special Rate Variation Application for 2018/19 and submit this in line with the timelines set by IPART (i.e. February 2018). |
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Motion (Clr Gartner / Clr Cheyne) That the MOTION BE PUT. carried For: Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick and Clr Levett Against: Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot and Clr Findley |
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RESOLVED (Clr Cheyne / Clr Gartner) MIN17.999 That Council: 1. Receive the feedback and results of community engagement 2. Adopt the amended Integrated Strategic Plan 2017 including the CSP, DPOP, Long Term Financial Plan and Chapter 7 SRV which include changes made to this document to specifically outline the proposed SRV, impact on residents and proposed expenditure of the SRV. 3. Authorise staff to notify IPART of its intention to apply for a Special Rate Variation Application for the retention of 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. 4. That Council proceed with the formal Special Rate Variation Application for 2018/19 and submit this in line with the timelines set by IPART (i.e. February 2018). For: Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick and Clr Levett Against: Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot
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Notices of Motion / Questions on Notice
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CL17.299 Rescission Motion - SA17.279 - Donation Request - Shoalhaven Heads Chamber of Commerce & Tourism - New Years Eve Fireworks |
HPERM Ref: D17/389584 |
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Clr Wells – less than significant non pecuniary – CL17.299 Rescission Motion - SA17.279 - Donation Request - Shoalhaven Heads Chamber of Commerce & Tourism - New Years Eve Fireworks – His son and daughter in law and mother in law are residents of Shoalhaven Heads, the deputee was an employer of a family member 20 years ago. There may be a perception of supporting a public event to the benefit of his family member. Will remain in the room and will take part in discussion or vote. |
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Recommendation That Council rescind the Motion relating to Item SA17.279 of the Council Meeting held on 21 November 2017.
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motion (Clr Watson / Clr Pakes) MIN17.1000 That Council rescind the Motion relating to Item SA17.279 of the Council Meeting held on 21 November 2017. For: Clr Wells, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Clr Findley, Clr Gash, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick and Clr Levett
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CL17.301 Notice of Motion - Speed Limits - Passing Emergency Vehicles |
HPERM Ref: D17/364530 |
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Recommendation That Shoalhaven City Council demonstrate support for “A new road rule in NSW to require other road users to slow to 40km/h when passing emergency vehicles stopped at an emergency incident. This is the law in Victoria and SA. We need to protect emergency workers in NSW.
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RESOLVED (Clr Cheyne / Clr Gartner) MIN17.1001 That Shoalhaven City Council demonstrate support for “A new road rule in NSW to require other road users to slow to 40km/h when passing emergency vehicles stopped at an emergency incident with warning lights flashing. This is the law in Victoria and SA. We need to protect emergency workers in NSW”. Note: Clr Watson, left the meeting, the time being 6.57pm.
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HPERM Ref: D17/386362 |
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Recommendation That Council 1. Endorse the SEATS Petition to the Federal Government supporting the recognition of the Princes Highway, East of Sale Victoria to Wollongong NSW, as a Road of national importance and be recognised under The National Land Transport Network Act 2014. 2. Distribute and collect signatories for the Petition from December 2017 until end of February 2018. 3. Return completed Petitions to the CEO of SEATS on 1 March 2018.
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RESOLVED (Clr White / Clr Gash) MIN17.1002 That Council 1. Endorse the SEATS Petition to the Federal Government supporting the recognition of the Princes Highway, East of Sale Victoria to Wollongong NSW, as a Road of national importance and be recognised under The National Land Transport Network Act 2014. 2. Distribute and collect signatories for the Petition from December 2017 until end of February 2018. 3. Return completed Petitions to the CEO of SEATS on 1 March 2018. Note: Clr Watson returned to the meeting, the time being 6.59pm.
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Procedural Motion - Adjournment of Meeting |
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RESOLVED (Clr Pakes) MIN17.1003 That the meeting be adjourned for ten minutes. |
Note: The meeting adjourned, the time being 7.13pm
Note: The meeting reconvened, the time being 7.30pm
When the following members were present:
Clr Amanda Findley - Chairperson
Clr Joanna Gash
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
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CL17.303 Notice of Motion - Holiday Haven Tourist Parks - Customer & Visitor Parking |
HPERM Ref: D17/387841 |
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Recommendation That Council receive a report on the management and/or policies pertaining to customer and visitor parking within the Holiday Haven Tourist Parks, including during peak seasons. The report should include both parking onsite within parks and off site. The report should include any information provided to customers regarding parking at Holiday Haven Tourist Parks.
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Clr Gartner raised a Point of Order against Clr Watson. The Mayor accepted the Point of Order. The Mayor asked Clr Watson reconsider his comments that the Redhead Villages Community Forum were whinging. The Mayor raised and ruled a Point of Order against Clr Watson regarding his comment that Clr Gartner had only raised a Point of Order to re-engage in the debate. |
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RESOLVED (Clr Gartner / Clr Cheyne) MIN17.1004 That Council receive a report on the management and/or policies pertaining to customer and visitor parking within the Holiday Haven Tourist Parks, including during peak seasons. The report should include both parking onsite within parks and off site. The report should include any information provided to customers regarding parking at Holiday Haven Tourist Parks. For: Clr Findley, Clr Gash, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick, Clr Levett, Clr Kitchener and Clr Proudfoot Against: Clr Guile, Clr Pakes and Clr Watson
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HPERM Ref: D17/387772 |
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That Council write to the state government requesting them to amend the Local Government Act to: 1. Ensure January 26th continues to be recognised as Australia Day by making it an obligation. 2. That local councils hold citizenship ceremonies as part of the Australia Day celebrations. 3. Despite the outcome of writing to the state government, Shoalhaven City Council ensure our community that Australia Day will be continuing to be celebrated in the Shoalhaven on January the 26th.
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Motion (Clr Pakes / Clr Gash) That Council write to the state government requesting them to amend the Local Government Act to: 1. Ensure January 26th continues to be recognised as Australia Day by making it an obligation for all Councils to hold celebrations. 2. That local Councils hold citizenship ceremonies in conjunction with Australia Day Celebrations as this Council has done in the past. 3. Despite the outcome of writing to the state government, Shoalhaven City Council ensure our community that Australia Day will be continuing to be celebrated in the Shoalhaven on January the 26th.
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Procedural Motion - Adjournment of Meeting |
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RESOLVED (Clr Findley) MIN17.1005 The Mayor adjourned the meeting for five minutes at 8.32pm to restore order.
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Note: The meeting adjourned, the time being 8.32pm.
Note: The meeting reconvened, the time being 8.40pm
When the following members were present:
Clr Amanda Findley - Chairperson
Clr Joanna Gash
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
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HPERM Ref: D17/387772 |
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RESOLVED (Clr Pakes / Clr Gash) MIN17.1006 That Council write to the state government requesting them to amend the Local Government Act to: 1. Ensure January 26th continues to be recognised as Australia Day by making it an obligation for all Councils to hold celebrations. 2. That local Councils hold citizenship ceremonies in conjunction with Australia Day Celebrations as this Council has done in the past. 3. Despite the outcome of writing to the state government, Shoalhaven City Council ensure our community that Australia Day will be continuing to be celebrated in the Shoalhaven on January the 26th. For: Clr Gash, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Clr Findley, Clr Gartner, Clr Cheyne, Clr Alldrick and Clr Levett
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CL17.305 Notice of Motion - Solar Installations on Council Owned Community Buildings |
HPERM Ref: D17/387790 |
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Recommendation That staff report to Council on: 1. Possible costs to install solar panels to council owned community buildings 2. Possible ways council could work in partnership with community groups to install solar panels to reduce community group’s power costs. 3. Possible funding options in the 2018/2019 budget.
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RESOLVED (Clr Pakes / Clr Guile) MIN17.1007 That staff report to Council on: 1. Possible costs to install solar panels to council owned community buildings 2. Possible ways council could work in partnership with community groups to install solar panels to reduce community group’s power costs. 3. Possible funding options in the 2018/2019 budget. For: Clr Findley, Clr Gash, Clr White, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Clr Gartner, Clr Cheyne and Clr Levett
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HPERM Ref: D17/387807 |
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Recommendation That Council 1. Expresses its appreciation for the Member for Gilmore consulting the Shoalhaven Community on the future of the ‘old’ Nowra bridge. 2. Requests the Member for Gilmore to make a commitment of funding in line with her own promise to keep the bridge so that it might be maintained for the future; 3. Makes it clear to all elected members and the Shoalhaven community that Council is not in a financial position to assume responsibility for this asset into the future without the need to make application for a specific purpose levy on rates.
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RESOLVED (Clr Guile / Clr Proudfoot) MIN17.1008 That Council 1. Expresses its appreciation for the Member for Gilmore consulting the Shoalhaven Community on the future of the ‘old’ Nowra bridge. 2. Requests the Member for Gilmore to make a commitment of funding in line with her own promise to keep the bridge so that it might be maintained for the future; 3. Makes it clear to all elected members and the Shoalhaven community that Council is not in a financial position to assume responsibility for this asset into the future without the need to make application for a specific purpose levy on rates. 4. Invite the Federal Member for Gilmore to attend a Councillor Briefing on the future of the ‘old’ Nowra Bridge
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CL17.307 Notice of Motion - Letter of Condolence - The Late John Dale |
HPERM Ref: D17/387698 |
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Recommendation That Council write a letter of Condolence to the family of John Dale from Currarong and acknowledge the outstanding work John carried out for his community with Council.
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RESOLVED (Clr White / Clr Pakes) MIN17.1009 That Council write a letter of Condolence to the family of John Dale from Currarong and acknowledge the outstanding work John carried out for his community with Council. Note: Clr Gartner left the meeting, the time being 9:06pm. Note: Clr Pakes left the meeting, the time being 9:06pm.
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CL17.308 Notice of Motion - Ulladulla Milton Lions Club - Premises |
HPERM Ref: D17/386782 |
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Recommendation That Council 1. Approve Ulladulla Milton Lions Club to construct new premises on a Council owned parcel of operational land being Lot 273 DP415059 Burrill Lake. (Next to Burrill Lake Hall). 2. Support Ulladulla Milton Lions Club with the necessary Survey requirements (if any) and DA requirements/costs. 3. Discuss options with the Ulladulla Milton Lions Club for leasing or license of the subject land.
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Note: Clr Pakes returned to the meeting, the time being 9:06pm. |
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RESOLVED (Clr White / Clr Proudfoot) MIN17.1010 That Council 1. Provide in principal support to the Ulladulla Milton Lions Club for the construction of new premises on a Council owned parcel of operational land being Lot 273 DP415059 Burrill Lake. (Next to Burrill Lake Hall). 2. Support Ulladulla Milton Lions Club with the necessary Survey requirements (if any) and DA requirements/costs. 3. Discuss options with the Ulladulla Milton Lions Club for leasing or license of the subject land.
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Items marked with an * were resolved ‘en block’.
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CL17.309 Notice of Motion - Bendalong Boat Harbour Reserve Area & Stormwater Issues |
HPERM Ref: D17/386808 |
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Note: Clr Gartner returned to the meeting, the time being 9.06pm Note: This matter was dealt with in conjunction with item CL17.310 Notice of Motion - Bendalong / Manyana Area - Crown Land Reserves. |
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Recommendation That Council 1. Acknowledge and Support the Red Head Villages in their endeavours to address the infrastructure issues in and around Bendalong Boat Harbour. 2. Brief Councillors on Council’s proposed Masterplan for Bendalong Boat Harbour. 3. Investigate and report back to Council on funding options for the proposed Masterplan developed by Council for Bendalong Boat Harbour which should include options of:- a. Crown Land Loan Funding; b. Crown Land Grants; c. NSW Government Community Infrastructure Grants; d. Tourist Grants; e. Council loans; and f. Other funding options. 4. Consider a timeframe for funding of the proposed Masterplan for Bendalong Boat Harbour.
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RESOLVED (Clr White / Clr Proudfoot) MIN17.1011 That Council 1. Acknowledge and Support the Red Head Villages in their endeavours to address the infrastructure issues in and around Bendalong Boat Harbour. 2. Prepare a report on the capacity of Holiday Haven profits being used for the upgrade of infrastructure on Crown Land Reserves in the Bendalong/Manyana area. 3. Brief Councillors on Council’s proposed Masterplan for Bendalong Boat Harbour. 4. Investigate and report back to Council on funding options for the proposed Masterplan developed by Council for Bendalong Boat Harbour which should include options of:- a. Crown Land Loan Funding; b. Crown Land Grants; c. NSW Government Community Infrastructure Grants; d. Tourist Grants; e. Council loans; and f. Other funding options. 5. Consider a timeframe for funding of the proposed Masterplan for Bendalong Boat Harbour.
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CL17.311 Notice of Motion - Camping areas - Lake Conjola National Park / Bendalong |
HPERM Ref: D17/388266 |
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Clr Gash left the meeting, the time being 9.12pm |
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Recommendation That Council 1. Explore the possibilities of negotiating with other Agencies to create provisions for free or low cost camping in or around the Lake Conjola National Park and/or Bendalong during peak tourist season, for specific events and at other times that may-be identified. 2. Council’s tourism staff organise a meeting with relevant Agency representatives to discuss the increase in demand for free or low cost camping and investigate solutions. 3. Council receive the report by March 2018
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RESOLVED (Clr Gartner / Clr Proudfoot) MIN17.1012 That Council 1. Explore the possibilities of negotiating with other Agencies to create provisions for free or low cost camping in or around the Lake Conjola National Park and/or Bendalong during peak tourist season, for specific events and at other times that may-be identified. 2. The General Manager organise a meeting with relevant Agency representatives to discuss the increase in demand for free or low cost camping and investigate solutions. 3. Council receive the report by March 2018 Note: Clr Gash returned to the meeting, the time being 9:14pm. For: Clr Findley, Clr Gash, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick, Clr Levett, Clr Kitchener and Clr Proudfoot Against: Clr Guile, Clr Pakes and Clr Watson
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HPERM Ref: D17/387861 |
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Question 1. How is a tree on council land identified as being at risk? 2. Is tree survival ever prioritised over tree removal? 3. Is the tree’s role in providing for bird roosting and animal habitat now and into the future considered before removal? 4. Is cutting to the stump the only option for tree removals? 5. How does council communicate the value of trees to human health and wellbeing to our community? 6. Is council monitoring the health of the unique avenue of mature trees along Elizabeth Drive, Vincentia? 7. Is the scheduled replacement tree planting for Elizabeth Drive and Saumarez St using the same species of tree to maintain the stand of large, broad canopied trees currently along Elizabeth Drive, east of Caroline St? Response Council’s Tree Management Policy (POL14/58) provides guidance on how trees on public land are managed.
1. How is a tree on council land identified as being at risk? Council has trained and experienced Arborists that assess trees on a risk management basis. A tree is given a risk rating, considering consequence and likelihood of failure. Trees (or limbs) assessed as being high risk are removed.
2. Is tree survival ever prioritised over tree removal? When appropriate and when staff consider the situation is suitable, consideration is given to either pruning or reducing the canopy to reduce the risk, then mulching and excluding the public from the area. This is sometimes possible in parks and reserves, but not in roads. It is not appropriate to leave a tree in a public area if it is assessed as high risk of failure and there is no means to manage this risk.
3. Is the tree’s role in providing for bird roosting and animal habitat now and into the future considered before removal? Yes, part of the assessment is considering the habitat value of the tree, although risk to the general public and residents is always given priority. Where it is possible that wildlife may be using the tree as habitat and the tree needs to be removed due to risk, either a Representative of the Native Animal Network Association (N.A.N.A) or Wildlife Rescue South Coast is engaged to be on site during the tree removal process (see Tree Management Policy, 4.10).
4. Is cutting to the stump the only option for tree removals? Arborists will take the most appropriate action to manage risk of the tree to property and life. Sometimes it is appropriate to reduce the canopy and retain the tree.
5. How does council communicate the value of trees to human health and wellbeing to our community? Council’s commitment to tree replacement is stated in the Tree Management Policy (Clause 4.9). Tree planting each year is encouraged as part of National Tree Day for school children and the broader community. Council staff engage with both the public and school children to encourage tree planting. Council prepare media releases, E newsletters and social media posts to promote the event.
6. Is council monitoring the health of the unique avenue of mature trees along Elizabeth Drive, Vincentia? Council receive several requests each year to inspect the various Eucalypts on Elizabeth Drive. Staff assessing trees on public land are aware of the significance of the remnant Eucalypts along Elizabeth Drive on the road verge.
7. Is the scheduled replacement tree planting for Elizabeth Drive and Saumarez St using the same species of tree to maintain the stand of large, broad canopied trees currently along Elizabeth Drive, east of Caroline St ? The replacement species, Water Gum, matches other recent plantings in the area. These are considered a more appropriate street tree and consistent with Council’s Town Street Planting Strategy (adopt by Council 17 October 17).
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RESOLVED (By Consent) MIN17.1013 That the Question on Notice and Response be received for information.
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Note: Clr Findley left the meeting, the time being 9:20pm. Note: Clr White assumed the chair. Note: Clr Guile left the meeting, the time being 9.20pm. |
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Report of the Strategy & Assets Committee - 21 November 2017
Items marked with an * were resolved ‘en block’.
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SA17.271 Notice of Motion - Illegal Camping - Red Head Villages Beaches |
HPERM Ref: D17/372670 |
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Note: Clr Findley returned to the meeting at 9:22pm and did not assume the chair. |
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RESOLVED* (Clr Pakes / Clr Gash) MIN17.1014 That Council take immediate action to inhibit illegal and destructive camping on Red Head Villages beaches and reserves 2017-18 summer season by: 1. Hiring 2 mobile roadside signs as currently in use on roadworks at Bendalong road for period December 15 for three weeks. 2. Placing the signs at suitable locations on Bendalong Rd 3. Program messages to be on display 24/7 like a. Prebooked camping only beyond this point. To book a campsite visit www.bendalongpoint.holidayhaven.com.au/ b. Rangers patrol these communities. Prebooked camping only. Fines apply. www.bendalongpoint.holidayhaven.com.au/ 4. Council ask RHVCF to survey the community at regular intervals during this period to provide data for evaluation of these deterrents to illegal, unsafe camping. 5. The General Manager in consultation with the Red Head Villages Association, organise for the installation of 4 portable toilets from 22 December for 2 weeks and an optional week in the Red Head Villages area.
Note by the General Manager:
Cost for the portable toilets (including cleaning & pump out) for a 2 week period is approx $4,000.
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SA17.278 Grant Funding - Staying Active Program - Shoalhaven Swim & Fitness |
HPERM Ref: D17/350667 |
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RESOLVED* (Clr Pakes / Clr Gash) MIN17.1015 That Council: 1. Accept the Aquatic & Recreation Institute (ARI) of Australia’s offer of $8,800 (GSTinc) grant funding to enable Shoalhaven Swim & Fitness Centres to host the Institute’s Staying Active Program at Nowra Aquatic Park and vote the funds accordingly. 2. Write to the Aquatic & Recreation Institute to thank them and accept the grant offer.
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SA17.282 September 2017 - Quarterly Budget Review |
HPERM Ref: D17/375179 |
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Item dealt with earlier/later in the meeting see MIN17.995.
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SA17.283 Proposed Lease to Kids Korner 23 -25 Park Road Nowra |
HPERM Ref: D17/371151 |
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RESOLVED* (Clr Pakes / Clr Gash) MIN17.1016 That Council: 1. Enter into a 5 year lease agreement with Kids Korner Combined Occasional Care Centre Inc for the continued use and occupation of 23 -25 Park Road Nowra for the purpose of a community preschool with an initial annual rent of $7,220.60 per annum with annual CPI increases; 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.
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SA17.284 Telecommunications Lease - NBN Co Limited - Shoalhaven Heads |
HPERM Ref: D17/340712 |
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RESOLVED* (Clr Pakes / Clr Gash) MIN17.1017 That Council: 1. Enter into four (4) consecutive five (5) year lease agreements with NBN Co Limited for the use and occupation of Part Lot 1 DP 615003, 31 Gerroa Road, Shoalhaven Heads at an annual rental of $ 15,771.00 with annual increases at 3% including a 3% increase at the commencement of each consecutive lease term; and 2. Delegate Authority to the General Manager to approve and execute all future telecommunications leases and licences relating to this site known as Part Lot 1 DP 615003.
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SA17.285 Reservation of unformed roads by National Parks and Wildlife Service - Roads South of The Wool Road, Vincentia |
HPERM Ref: D17/351101 |
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RESOLVED* (Clr Pakes / Clr Gash) MIN17.1018 That Council: 1. Request National Parks & Wildlife Service to reserve the roads within Lot 5 DP875010 for nil consideration, with the exception of the roads outlined in points 2, 3 and 4 below, for addition to Jervis Bay National Park pursuant to S30C(a) of the National Parks and Wildlife Act 1974; 2. Retain ownership of the unformed roads within Lot 5 DP875010 containing Council owned infrastructure such as water, sewer and drainage assets to ensure continued unrestricted access for upgrade and maintenance of such infrastructure; 3. Retain ownership of the unformed road providing secondary frontage to Lot 1 DP270528; 4. Retain ownership of the unformed road directly adjoining the rear of Vincentia High School that is occasionally used for offsite parking; 5. Consent to the revocation of the public road status following reservation by NPWS through publication of a notice in the Government Gazette; 6. 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.
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SA17.286 Release of Restriction on the use of land - 124 - 126 Jacobs Drive Sussex Inlet |
HPERM Ref: D17/367728 |
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RESOLVED* (Clr Pakes / Clr Gash) MIN17.1019 That Council: 1. Resolve to release the restriction on title in dealing number V604054 over the land known as Lot 97 DP 21038 - 124 Jacobs Drive Sussex Inlet; and 2. Grant authority to affix the Common Seal of the Council of the City of Shoalhaven to any documents required to be sealed and the General Manager be authorised to sign any documentation necessary to give effect to the resolution.
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SA17.287 Objection- Sale of Council Land - 10 Jopejija Cres, Culburra Beach |
HPERM Ref: D17/369390 |
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Recommendation That Council: 1. Resolve to dispose of 10 Jopejija Crescent, Culburra Beach (Lot 1 DP579906) by way of public auction in accordance with Policy 16/256 (Development and/or Disposal of Council Lands); 2. Authorise the General Manager to set the auction reserve (based on valuation advice) and to finalise the terms of a sale within 10% of the reserve or list price in the case of a private treaty sale if the property fails to sell at auction; 3. Fund all costs associated with the sale of 10 Jopejija Crescent, Culburra Beach from Job Number 88823 and the net income from the sale be placed in the Strategic Property Reserve; 4. Resolve to extinguish the easement for water supply 2 wide and 4 wide over Lot 10 DP261880 at Culburra Beach; 5. Fund all costs associated with pipe removal and easement extinguishment of Lot 10 DP261880 from Job Number 18850; and 6. Authorise the General Manager to sign all documents 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.
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RESOLVED (Clr Proudfoot / Clr Gash) MIN17.1020 That Council: 1. Resolve to dispose of 10 Jopejija Crescent, Culburra Beach (Lot 1 DP579906) by way of public auction in accordance with Policy 16/256 (Development and/or Disposal of Council Lands); 2. Authorise the General Manager to set the auction reserve (based on valuation advice) and to finalise the terms of a sale within 10% of the reserve or list price in the case of a private treaty sale if the property fails to sell at auction; 3. Fund all costs associated with the sale of 10 Jopejija Crescent, Culburra Beach from Job Number 88823 and the net income from the sale be placed in the Strategic Property Reserve; 4. Resolve to extinguish the easement for water supply 2 wide and 4 wide over Lot 10 DP261880 at Culburra Beach; 5. Fund all costs associated with pipe removal and easement extinguishment of Lot 10 DP261880 from Job Number 18850; and 6. Authorise the General Manager to sign all documents 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. For: Clr Findley, Clr Gash, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Clr Pakes
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SA17.288 Acquisition - Drainage Easement - Woollamia - Pt Lot 196 DP 15266 - 10 Pritchard Ave |
HPERM Ref: D17/371858 |
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RESOLVED* (Clr Pakes / Clr Gash) MIN17.1021 That Council rescind part (1) only of MIN17.923 and resolve to acquire a 6 metre wide by 150 metre length Easement for Drainage over part Lot 196 DP 15266 at 10 Pritchard Avenue, Woollamia, as shown in Attachment 1.
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SA17.295 Improving Your Parks and Environment - Shoalhaven River Bank Restoration |
HPERM Ref: D17/314591 |
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RESOLVED* (Clr Pakes / Clr Gash) MIN17.1022 That Council support the acceptance of the $300,000 grant to Council from the Australian Government – Department of Industry, Innovation and Science for the riverbank restoration works on the Shoalhaven River at Bolong Rd and vote the funds accordingly.
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SA17.297 Shoalhaven River Levee Flood Damage Restoration 2017 project - Department of Industry - Lands & Forestry Offer of Licence to work at Crown Lands property |
HPERM Ref: D17/378616 |
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RESOLVED* (Clr Pakes / Clr Gash) MIN17.1023 That: 1. Council accept the licence offer from the Minister administering the Crown Lands Act 1989 that allows Council to access Crown Lands for the purposes of undertaking flood levee repairs. 2. Council agrees to be bound by the terms, conditions and provisions of the Licence. 3. The Common Seal of the Council of the City of Shoalhaven be affixed to the signed licence offer and any other documents to be sealed, otherwise the General Manager be authorised to sign any documentation necessary to give effect to this resolution.
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SA17.298 Acquisition of Sewerage Easement at 300 Kings Point Drive Ulladulla |
HPERM Ref: D17/352466 |
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Recommendation That: 1. Council resolve to acquire a Sewerage Easement 10 wide and variable over Lot 18 DP805460, No. 300 Kings Point Drive Ulladulla, as shown by cross hatching on easement plan DP1109183, attached. 2. Council pay compensation of $5,000 plus GST and reasonable legal costs associated with the acquisition, in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. 3. Compensation and costs associated with the acquisition be met from Council’s Sewer Fund. 4. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.
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Note: Clr Guile returned to the meeting, the time being 9.24pm. |
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RESOLVED (Clr Proudfoot / Clr Pakes) MIN17.1024 That 1. Council resolve to acquire a Sewerage Easement 10 wide and variable over Lot 18 DP805460, No. 300 Kings Point Drive Ulladulla, as shown by cross hatching on easement plan DP1109183, attached. 2. Council pay compensation of $5,000 plus GST and reasonable legal costs associated with the acquisition, in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. 3. Compensation and costs associated with the acquisition be met from Council’s Sewer Fund. 4. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.
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SA17.299 Grant of electricity easement over Council land at Terara |
HPERM Ref: D17/365047 |
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RESOLVED* (Clr Pakes / Clr Gash) MIN17.1025 That: 1. Council grant an Easement for Overhead Powerlines 9 wide over Council land Lot 1 DP1224568 and Lot 4 DP634042 at Terara Road, Terara. The easement is delineated (E) and highlighted yellow on the attached draft survey plan. 2. Costs associated with the transaction are to be met from Council’s Sewer Fund. The Easement and Restriction are to be granted at $nil consideration. 3. The Common Seal of the Council of the City of Shoalhaven to be fixed to any document required to be sealed.
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Report of the Nowra CBD Revitalisation Strategy Committee - 15 November 2017
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CBD17.62 Additional Item - Footpath Repair Locations |
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Note: The Mayor resumed the Chair. |
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That: 1. Council be requested to provide financial assistance for the footpath works 2. Subject to part 1 above: a. Council undertake detailed design for the footpath on Berry Street and a more thorough estimate and report back to the committee. b. Berry Street Land owners be approached for contributions
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RESOLVED (Clr Pakes / Clr Gash) MIN17.1026 That a report be provided via the Nowra CBD Revitalisation Committee to Council detailing the cost estimates and funding options for the proposed footpath works for Berry Street. For: Clr Findley, Clr Gash, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes and Clr Proudfoot Against: Clr Watson and Clr Kitchener
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Report of the Shoalhaven Traffic Committee - 3 November 2017
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TC17.81 Regulatory Signage and Line Marking - Plunkett Street and Haigh Avenue, Nowra (PN 3404) |
HPERM Ref: D17/356830 |
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Recommendation That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed regulatory signage and line marking to be installed within the service station (BP) and food and drink premises (McDonalds) off-street car park in order to time restrict 26 parking spaces to 2 hour (2P) parking between the times of 7am to 5pm Monday to Friday and between the times of 7am and 12pm Saturday on the corner of Plunkett Street and Haigh Avenue, Nowra as detailed in the attached plan TRAF2017/81
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RESOLVED (Clr White / Clr Gartner) MIN17.1027 That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed regulatory signage and line marking to be installed within the service station (BP) and food and drink premises (McDonalds) off-street car park in order to time restrict 26 parking spaces to 2 hour (2P) parking between the times of 7am to 5pm Monday to Friday and between the times of 7am and 12pm Saturday on the corner of Plunkett Street and Haigh Avenue, Nowra as detailed in the attached plan TRAF2017/81
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HPERM Ref: D17/387293 |
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Recommendation That: 1. Applications be made for the following projects under the Building Better Regions Fund – Infrastructure Projects Stream: a. ……. b. ……. 2. Applications be made for the following projects under the Building Better Regions Fund – Community Investments Stream: a. Nowra waterfront – investment strategy b. Stewart Place – investment strategy
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Motion (Clr Watson / Clr Gash) That: 1. Applications be made for the following projects under the Building Better Regions Fund – Infrastructure Projects Stream: a. Ulladulla Employment Land b. Paringa Park Development 2. Applications be made for the following projects under the Building Better Regions Fund – Community Investments Stream: a. Nowra waterfront – investment strategy b. Stewart Place – investment strategy For: Clr Gash, Clr Guile, Clr Pakes, Clr Watson and Clr Kitchener Against: Clr Findley, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick, Clr Levett and Clr Proudfoot LOST |
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RESOLVED (Clr Gartner / Clr Cheyne) MIN17.1028 That: 1. Applications be made for the following projects under the Building Better Regions Fund – Infrastructure Projects Stream: a. Ulladulla Employment Land b. Affordable Housing / Emergency Housing Project 2. Applications be made for the following projects under the Building Better Regions Fund – Community Investments Stream: a. Nowra waterfront – investment strategy b. Stewart Place – investment strategy
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CL17.317 Investment Report - October 2017 |
HPERM Ref: D17/378802 |
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Item dealt with earlier/later in the meeting see MIN17.996.
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CL17.318 Presentation of the Annual Financial Statements 30 June 2017 |
HPERM Ref: D17/379700 |
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Item dealt with earlier/later in the meeting see MIN17.997.
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HPERM Ref: D17/388501 |
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Recommendation That Council adopt the Related Party Disclosures Policy
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RESOLVED (Clr Pakes / Clr Gartner) MIN17.1029 That Council adopt the Related Party Disclosures Policy.
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CL17.320 Application for Proclamation of Local Public Holiday - Kangaroo Valley Show 2019/2020 |
HPERM Ref: D17/272252 |
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Recommendation That Council make a biennial application to The Treasury - NSW Government (NSW Industrial Relations) under the Banks and Bank Holiday Act, 1912, over that part of the county of Camden, the Parish of Cambewarra and those portions of the Parishes of Burrawang, Bugong, Yarrawa and Wallawa, situated in the City of Shoalhaven, for the proclamation of a partial public holiday (9am-5pm) on the first day of the Kangaroo Valley Show to be held on: 1. Friday 15 February 2019 2. Friday 14 February 2020
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RESOLVED (Clr Pakes / Clr Alldrick) MIN17.1030 That Council make a biennial application to The Treasury - NSW Government (NSW Industrial Relations) under the Banks and Bank Holiday Act, 1912, over that part of the county of Camden, the Parish of Cambewarra and those portions of the Parishes of Burrawang, Bugong, Yarrawa and Wallawa, situated in the City of Shoalhaven, for the proclamation of a partial public holiday (9am-5pm) on the first day of the Kangaroo Valley Show to be held on: 1. Friday 15 February 2019 2. Friday 14 February 2020
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CL17.321 Submission - Office of Local Government - Consultation on drafts of the new Model Code of Conduct for Local Councils in NSW and associated Procedures. |
HPERM Ref: D17/389827 |
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Recommendation That Council endorses the Draft Submission to the Office of Local Government (Attachment 1 to this report) for submission in response to the Consultative Drafts of the Model Code of Conduct and Associated Procedures.
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RESOLVED (Clr Gartner / Clr Cheyne) MIN17.1031 That Council endorses the Draft Submission to the Office of Local Government (Attachment 1 to this report) for submission in response to the Consultative Drafts of the Model Code of Conduct and Associated Procedures. For: Clr Findley, Clr Gash, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick, Clr Levett, Clr Pakes, Clr Watson and Clr Kitchener Against: Clr Guile and Clr Proudfoot
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CL17.322 Kangaroo Valley Rural Fire Station Enhancement or Relocation |
HPERM Ref: D17/383386 |
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Recommendation That Council: 1. Acknowledge the existing Rural Fire Service Station is located in a flood storage zone, with the inherent risk of inundation. 2. Proceeds with the enhancement of the existing Rural Fire Service Station in Broughton Street, Kangaroo Valley for the ongoing provision of garaging and brigade facilities in Kangaroo Valley.
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RESOLVED (Clr Pakes / Clr Gartner) MIN17.1032 That Council: 1. Acknowledge the existing Rural Fire Service Station is located in a flood storage zone, with the inherent risk of inundation. 2. Proceeds with the enhancement of the existing Rural Fire Service Station in Broughton Street, Kangaroo Valley for the ongoing provision of garaging and brigade facilities in Kangaroo Valley.
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Items marked with an * were resolved ‘en block’.
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CL17.323 William Mulligan Bushcare Action Plan - Amended for Adoption |
HPERM Ref: D17/361194 |
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RESOLVED* (Clr Guile / Clr White) MIN17.1033 That Council adopt the amended William Mulligan Reserve Bushcare Group Action Plan.
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HPERM Ref: D17/386549 |
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RESOLVED* (Clr Guile / Clr White) MIN17.1034 That Council 1. Receive the report from Clr Mitchell Pakes and Clr Patricia White on the National Local Roads & Transport Congress for information. 2. Requests the General Manager to further investigate what data is available to assist Council in planning, reporting and preparing grant applications, including outlining the value of commissioning the data and the associated costs; 3. Invite Adrian Kemp of HOUSTONKEMP to deliver a presentation to council. 4. Invite the Federal Member for Gilmore to inspect projects that have been completed under the Roads to Recovery Program and demonstrate the need for additional funding to make further safety improvements to the Shoalhaven Local Road network.
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CL17.325 International Cities Town Centres & Communities (ICTC) - Mainstreet 2017 |
HPERM Ref: D17/388766 |
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RESOLVED* (Clr Guile / Clr White) MIN17.1035 That Council receive the report from Clr Annette Alldrick on the International Cities Town Centres & Communities (ICTC) for information.
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CL17.326 Integrated Strategic Plan (CSP and DPOP)- Special Rate Variation |
HPERM Ref: D17/391915 |
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Item dealt with earlier/later in the meeting see MIN17.998.
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CL17.327 Shoalhaven Coastal Zone Management Plan (CZMP) certification |
HPERM Ref: D17/388164 |
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Recommendation That Council 1. Continue to pursue certification of the Shoalhaven Coastal Zone Management Plan (CZMP); and 2. Continue to update the CZMP with the requirements of the NSW Coastal Panel; and 3. Consider allocating budget from the coastal management and infrastructure reserve through the quarterly budget review of up to $100,000 to engage a coast and estuary project officer to update the CZMP and coordinate the public exhibition of the amended CZMP; and 4. Receive a report containing the updated CZMP for consideration before placing the document on public exhibition for a period of 28 days.
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RESOLVED (Clr Guile / Clr Pakes) MIN17.1036 That Council 1. Continue to pursue certification of the Shoalhaven Coastal Zone Management Plan (CZMP); and 2. Continue to update the CZMP with the requirements of the NSW Coastal Panel; and 3. Allocate budget from the coastal management and infrastructure reserve through the quarterly budget review of up to $100,000 to engage a coast and estuary project officer to update the CZMP and coordinate the public exhibition of the amended CZMP; and 4. Receive a report containing the updated CZMP for consideration before placing the document on public exhibition for a period of 28 days. Note: Clr Watson left the meeting at 9:46pm
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There being no further business, the meeting concluded, the time being 9.48pm.
Clr Findley
CHAIRPERSON