Minutes of the Ordinary Meeting
Meeting Date: Tuesday, 26 March 2019
Location: Council Chambers, City Administrative Building, Bridge Road, Nowra
Time: 5.01pm
The following members were present:
Clr Amanda Findley - Chairperson
Clr Joanna Gash (left 10.14pm)
Clr John Wells
Clr Patricia White
Clr Kaye Gartner
Clr Nina Digiglio
Clr Annette Alldrick
Clr John Levett
Clr Andrew Guile (arrived 5.05pm, left 10.07pm)
Clr Mitchell Pakes
Clr Greg Watson (left 9.18pm)
Clr Mark Kitchener
Clr Bob Proudfoot
The Chairperson read a statement advising those present that the proceedings of this meeting (including presentations, deputations and debate) will be webcast and may be recorded and broadcast under the provisions of the Code of Meeting Practice.
The meeting was opened by an Acknowledgement of Traditional Custodians by the Chairperson, followed with a Prayer by the Rev Fred Monkton and the playing of the Australian National Anthem.
Nil.
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RESOLVED (Clr Wells / Clr Gartner) MIN19.140 That the Minutes of the Ordinary Meeting of Ordinary Meeting held on Tuesday 26 February 2019 be confirmed.
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Nil.
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Procedural Motion - Bring Item Forward |
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RESOLVED (Clr Findley / Clr Guile) MIN19.141 That the matter of item MM19.5 - Mayoral Minute - Council acknowledge the services of General Manager Russ Pigg - be brought forward for consideration.
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MM19.5 Mayoral Minute - Council acknowledge the services of General Manager Russ Pigg |
HPERM Ref: D19/88850 |
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That Council acknowledge the services of General Manager Russ Pigg at this, his last Ordinary Meeting of Council.
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RESOLVED (Clr Findley / Clr Guile) MIN19.142 That Shoalhaven City Council thanks the General Manager, Russ Pigg, for his 17 years of committed, faithful, capable and extraordinary service to our residents and visitors, Council staff as well as Councillors. Council specifically notes, amongst his many achievements, the following: 1. Reform of Council processes – from his appointment to the role of Assistant General Manager in 2001, Russ Pigg has had an enormous influence over the culture of Council, introducing systems and processes for accountability and consistency. 2. Robust internal audit function with the oversight of an independent Risk and Audit Committee. 3. Consistently high standards of financial management and reporting – regular cost savings measures have existed in Council in an effort to see the resources of Council expended for the benefit of our rate payers. 4. Positive and professional interface with all levels of government, both among the elected members and bureaucracy, in advocating for local and regional projects. 5. Change management with the promotion of and recognition of core values and presenting a public face of Council so that the community can be proud of the achievements occurring. 6. Wise counsel, support and guidance of elected members across the political spectrum. 7. Solid support for each Mayor to reflect and maintain the integrity of Council in the local community. 8. Maintaining a consistently positive reputation and being held in high regard by residents of the Shoalhaven.
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HPERM Ref: D19/88545 |
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Note: this item was dealt with in conjunction with CL19.63 - Notion of Motion - Lake Conjola – Entrance. |
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Recommendation That 1. The General Manager seek feedback from the relevant state government agencies to support the introduction of a ‘dry notch regime’ for the entrance dune at Lake Conjola. 2. To consider that a reasonable height for a ‘dry notch regime’ to be maintained at 1.2m which is a reflection of the current policy emergency opening level. 3. The General Manager report back to Council on the feedback that was received from the community from June 2018 – December 2018 in respect to the Lakes closure and management. 4. Once Lake Conjola reaches 0.8 AHD Council notify Councillors and the relevant government agencies as per the provisions within the current policy. 5. Council acknowledge that if adopted this be an interim position until the completion of the Coastal Management Program for Lake Conjola. |
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Motion (Clr Findley / Clr Gartner) That 1. The General Manager seek feedback from the relevant state government agencies to support the introduction of a ‘dry notch regime’ for the entrance dune at Lake Conjola. 2. To consider that a reasonable height for a ‘dry notch regime’ to be maintained at 1.2m which is a reflection of the current policy emergency opening level. 3. The General Manager report back to Council on the feedback that was received from the community from June 2018 – December 2018 in respect to the Lakes closure and management. 4. Once Lake Conjola reaches 0.8 AHD Council notify Councillors and the relevant government agencies as per the provisions within the current policy. 5. Council acknowledge that if adopted this be an interim position until the completion of the Coastal Management Program for Lake Conjola. For: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett Against: Clr Gash, Clr Wells, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot lost |
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Foreshadowed Motion (Clr Pakes / Clr White) That Council 1. Make further representations to the relevant agencies for approval to open the entrance of Lake Conjola on the following grounds:- a. To minimise risk to public safety associated with excessive inundation of foreshores and infrastructure as a result of low level flooding that has been affecting residents and foreshore areas for more than 3 months. b. In accordance with the recommendation from residents and community members at the Lake Conjola Community CCB Meeting 21 January 2019. c. In-line with the Interim Entrance Management Plan:- i. On the planned openings prior to Christmas and Easter holiday trigger levels. ii. Social, mental and physical impact and wellbeing of residents and tourists including events that occurred over last 3 months d. The continued threat of weather i.e. heavy rain from storms and capacity of contractor’s timeframes and safety to open the entrance in an emergency 2. Continue to make ongoing representations to the relevant agencies for approval to open the entrance at Lake Conjola in accordance with Item 1 above until such opening has occurred. 3. Seek approval from the NSW Government Ministers of Crown Lands, Office Environment and Heritage and Department of Primary Industries (Fisheries) to immediately prepare and maintain a “dry notch” at the entrance to Lake Conjola to allow “break out” of the lake should flooding occur. This is to be maintained until a new Coastal Management Plan is approved by the Minister. 4. Write to the Minister for Crown Lands & Office of Environment & Heritage requesting that an investigation be undertaken immediately to establish how and why Lake Conjola was listed as an “ICOLL” and not a Wave Dominated Barrier Estuary (WDBE). 5. Write to Department of Fisheries and request Fisheries to investigate: a. All current, ongoing and future fish and marine life deaths/kills and sea grass kills in Lake Conjola b. The amount of Lead in the Lake from lost lead from over a century of recreational fishing by testing water, fish and marine life species in Lake Conjola and the sands beds of the Lake with the lake closed and not being subject to two tidal interchanges per 24 hours, is this lead building up in the water column and the food chain. 6. Report back to Council with a proposed plan and costings to undertake investigations for contamination at the old Waste Depot at Lake Conjola. Such investigations to include:- a. Water samples in Pattimores lagoon, land run off water, Ground water. Take soil core samples. Take into consideration that many residents use bore water to water their gardens, vegetable gardens and fruit trees. b. Contaminations including asbestos, industrial liquids, insecticides. c. Seek information from Local residents on knowledge of what was dumped at the site from the original opening. 7. Request the General Manager (or his delegate) to continue to audit the safety of Council assets at Lake Conjola and undertaken any works or signage that maybe necessary. This report to include an investigation of the condition of “Steps” over Lake Revetment walls created by Council on the Council reserve in front of the Lake Conjola Liquor Store and to the east towards Deep Water Resort to be repaired, cleaned and maintained by council. 8. Report timeframe and priority status for preparation of Coastal Management Plan for Lake Conjola to Council. 9. Report back to Council at the Strategy & Assets meeting in April on reasons for: a. Not providing the CCB Executive with copies of documentation in relation to Lake Conjola requested over the last 9 months. b. How Council can facilitate the requests from the CCB Executive for copies of documentation. 10. Provide monthly update reports to Councillors on all issues concerning Lake Conjola. 11. Formally resolve as policy to continue to support and advocate for residents and community members at Lake Conjola on all issues pertaining to opening the entrance, flooding and erosion at Lake Conjola. |
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Amendment (Clr Findley / Clr Gartner) That Council 1. Seek approval from the NSW Government Ministers of Crown Lands, Office Environment and Heritage and Department of Primary Industries (Fisheries) to immediately prepare and maintain a “dry notch” at the entrance to Lake Conjola to allow “break out” of the lake should flooding occur. This is to be maintained until a new Coastal Management Plan is approved by the Minister. 2. Write to the Minister for Crown Lands & Office of Environment & Heritage requesting that an investigation be undertaken immediately to establish how and why Lake Conjola was listed as an “ICOLL” and not a Wave Dominated Barrier Estuary (WDBE). 3. Write to Department of Fisheries and request Fisheries to investigate: a. All current, ongoing and future fish and marine life deaths/kills and sea grass kills in Lake Conjola b. The amount of Lead in the Lake from lost lead from over a century of recreational fishing by testing water, fish and marine life species in Lake Conjola and the sands beds of the Lake with the lake closed and not being subject to two tidal interchanges per 24 hours, is this lead building up in the water column and the food chain. 4. Report back to Council with a proposed plan and costings to undertake investigations for contamination at the old Waste Depot at Lake Conjola. Such investigations to include:- a. Water samples in Pattimores lagoon, land run off water, Ground water. Take soil core samples. Take into consideration that many residents use bore water to water their gardens, vegetable gardens and fruit trees. b. Contaminations including asbestos, industrial liquids, insecticides. c. Seek information from Local residents on knowledge of what was dumped at the site from the original opening. 5. Request the General Manager (or his delegate) to continue to audit the safety of Council assets at Lake Conjola and undertaken any works or signage that maybe necessary. This report to include an investigation of the condition of “Steps” over Lake Revetment walls created by Council on the Council reserve in front of the Lake Conjola Liquor Store and to the east towards Deep Water Resort to be repaired, cleaned and maintained by council. 6. Report timeframe and priority status for preparation of Coastal Management Plan for Lake Conjola to Council. 7. Report back to Council at the Strategy & Assets meeting in April on reasons for: a. Not providing the CCB Executive with copies of documentation in relation to Lake Conjola requested over the last 9 months. b. How Council can facilitate the requests from the CCB Executive for copies of documentation. 8. Provide monthly update reports to Councillors on all issues concerning Lake Conjola. 9. Formerly resolve as policy to continue to support and advocate for residents and community members at Lake Conjola on all issues pertaining to opening the entrance, flooding and erosion at Lake Conjola. For: Clr Findley, Clr Gartner, Clr Digiglio and Clr Levett Against: Clr Gash, Clr Wells, Clr White, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot lost |
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Clr Gartner raised a Point of Order against Clr Watson for misrepresenting her comments. Clr Watson withdrew his comments. |
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foreshadowed motion RESOLVED (Clr Pakes / Clr White) MIN19.143 That Council 1. Make further representations to the relevant agencies for approval to open the entrance of Lake Conjola on the following grounds:- a. To minimise risk to public safety associated with excessive inundation of foreshores and infrastructure as a result of low level flooding that has been affecting residents and foreshore areas for more than 3 months. b. In accordance with the recommendation from residents and community members at the Lake Conjola Community CCB Meeting 21 January 2019. c. In-line with the Interim Entrance Management Plan:- i. On the planned openings prior to Christmas and Easter holiday trigger levels. ii. Social, mental and physical impact and wellbeing of residents and tourists including events that occurred over last 3 months d. The continued threat of weather i.e. heavy rain from storms and capacity of contractor’s timeframes and safety to open the entrance in an emergency 2. Continue to make ongoing representations to the relevant agencies for approval to open the entrance at Lake Conjola in accordance with Item 1 above until such opening has occurred. 3. Seek approval from the NSW Government Ministers of Crown Lands, Office Environment and Heritage and Department of Primary Industries (Fisheries) to immediately prepare and maintain a “dry notch” at the entrance to Lake Conjola to allow “break out” of the lake should flooding occur. This is to be maintained until a new Coastal Management Plan is approved by the Minister. 4. Write to the Minister for Crown Lands & Office of Environment & Heritage requesting that an investigation be undertaken immediately to establish how and why Lake Conjola was listed as an “ICOLL” and not a Wave Dominated Barrier Estuary (WDBE). 5. Write to Department of Fisheries and request Fisheries to investigate: a. All current, ongoing and future fish and marine life deaths/kills and sea grass kills in Lake Conjola b. The amount of Lead in the Lake from lost lead from over a century of recreational fishing by testing water, fish and marine life species in Lake Conjola and the sands beds of the Lake with the lake closed and not being subject to two tidal interchanges per 24 hours, is this lead building up in the water column and the food chain. 6. Report back to Council with a proposed plan and costings to undertake investigations for contamination at the old Waste Depot at Lake Conjola. Such investigations to include:- a. Water samples in Pattimores lagoon, land run off water, Ground water. Take soil core samples. Take into consideration that many residents use bore water to water their gardens, vegetable gardens and fruit trees. b. Contaminations including asbestos, industrial liquids, insecticides. c. Seek information from Local residents on knowledge of what was dumped at the site from the original opening.
7. Request the General Manager (or his delegate) to continue to audit the safety of Council assets at Lake Conjola and undertaken any works or signage that maybe necessary. This report to include an investigation of the condition of “Steps” over Lake Revetment walls created by Council on the Council reserve in front of the Lake Conjola Liquor Store and to the east towards Deep Water Resort to be repaired, cleaned and maintained by council. 8. Report timeframe and priority status for preparation of Coastal Management Plan for Lake Conjola to Council. 9. Report back to Council at the Strategy & Assets meeting in April on reasons for: a. Not providing the CCB Executive with copies of documentation in relation to Lake Conjola requested over the last 9 months. b. How Council can facilitate the requests from the CCB Executive for copies of documentation. 10. Provide monthly update reports to Councillors on all issues concerning Lake Conjola. 11. Formerly resolve as policy to continue to support and advocate for residents and community members at Lake Conjola on all issues pertaining to opening the entrance, flooding and erosion at Lake Conjola. For: Clr Gash, Clr Wells, Clr White, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Clr Findley, Clr Gartner, Clr Digiglio and Clr Levett
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HPERM Ref: D19/89691 |
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That Council offers its condolences to the people of New Zealand.
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RESOLVED (Clr Findley / Clr Proudfoot) MIN19.144 That Council writes to the Rt Hon Jacinda Ardern, MP, Prime Minister of New Zealand, conveying the condolences of the people of the Shoalhaven following the tragic incident in Christchurch which caused the loss of 50 innocents and caused the nation significant grief.
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MM19.7 Mayoral Minute - Students Global Strike for Climate Change |
HPERM Ref: D19/89858 |
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That Council 1. Acknowledge student of the Shoalhaven for their direct action/involvement in the Students Global Strike for Climate Action. 2. Council write on behalf of the Students to the NSW and Federal Governments voicing their concerns in respect to more rapid action to reduce carbon pollution and secure a future below 1.5 degrees of warming for our young people, who see their future is at stake.
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Motion (Clr Findley / Clr Alldrick) That Council 1. Acknowledges the students of the Shoalhaven for their direct action/involvement in the Students Global Strike for Climate Action. 2. Write on behalf of the Students to the NSW and Federal Governments voicing their concerns in respect to more rapid action to reduce carbon pollution and secure a future below 1.5 degrees of warming for our young people, who see their future is at stake. 3. That Shoalhaven City Council endorses the excellent work of parents, students and teachers across the Shoalhaven in preparing children and young people for the leadership roles in business and the community that they will undertake in addressing the challenges of climate change as well as other economic, social and environmental dilemmas that confront our community. |
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Clr Gartner raised a Point of Order against Clr Pakes that he was imputing motive to councillors around the table and his comments that “a political party was trying to brainwash kids”. The Mayor ruled as a Point of Order and asked Clr Pakes to withdraw his comments. Clr Pakes refused to withdraw his comments. |
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MotioN OF DISSENT (Clr Guile / Clr Watson) Clr Guile moved a Motion of Dissent against the ruling of the Chairperson in relation to the Point of Order against Clr Pakes. For: Clr Wells, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Clr Findley, Clr Gash, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett carried Note: As the dissent motion against the Chairperson was carried, the ruling of the Chair with respect to the above Point of Order no longer stands and the debate continued. |
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Clr Watson raised a Point of Order against Clr Levett for bringing him into disrepute. The Mayor ruled as a Point of Order and asked Clr Levett to apologise to Clr Watson. Clr Levett apologised to Clr Watson. |
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Clr Pakes raised a Point of Order against Clr Findley in relation to her comments that the right to strike exists in law. Clr Findley withdrew her comments. |
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RESOLVED (Clr Findley / Clr Alldrick) MIN19.145 That Council 1. Acknowledges the students of the Shoalhaven for their direct action/involvement in the Students Global Strike for Climate Action. 2. Write on behalf of the Students to the NSW and Federal Governments voicing their concerns in respect to more rapid action to reduce carbon pollution and secure a future below 1.5 degrees of warming for our young people, who see their future is at stake. 3. That Shoalhaven City Council endorses the excellent work of parents, students and teachers across the Shoalhaven in preparing children and young people for the leadership roles in business and the community that they will undertake in addressing the challenges of climate change as well as other economic, social and environmental dilemmas that confront our community. For: Clr Findley, Clr Wells, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett and Clr Proudfoot Against: Clr Gash, Clr White, Clr Guile, Clr Pakes, Clr Watson and Clr Kitchener Note: A rescission motion was received on this item.
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MM19.8 Mayoral Minute - Jerrinja Community - Proposed Memorial to recognise history of Roseby Park and historic sites |
HPERM Ref: D19/90489 |
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That Council 1. Give in principle support to the proposed Memorial concept and project to recognise the history of Roseby Park and historic sites including the Ration Hut; 2. Support staff continuing to liaise with Jerrinja LALC and Jerrinja community members to prepare a design and estimate of costs; 3. Give in principle support of providing financial contribution to the project and that a further report be provided to council when estimated costs are known so council can determine its contribution. |
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Note: Clr Digiglio left the meeting, the time being 7.38pm. |
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RESOLVED (Clr Findley / Clr Pakes) MIN19.146 That Council 1. Give in principle support to the proposed Memorial concept and project to recognise the history of Roseby Park and historic sites including the Ration Hut; 2. Support staff continuing to liaise with Jerrinja LALC and Jerrinja community members to prepare a design and estimate of costs; 3. Give in principle support of providing financial contribution to the project and that a further report be provided to council when estimated costs are known so council can determine its contribution.
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Note: Clr Digiglio returned to the meeting, the time being 7.39pm.
Cl19.54 – Notice of Motion – Driving Learner Program (page 13)
Mr Paul Goodwin, (speaking on behalf of Bomaderry Rotary Club) addressed the meeting and spoke in favour of the recommendation.
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Procedural Motion - Bring Item Forward |
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RESOLVED (Clr Wells / Clr Pakes) MIN19.147 That the matter of item CL19.54 be brought forward for consideration.
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HPERM Ref: D19/73430 |
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That Council consider supporting a Driving Learner Program to enhance knowledge about driver safety for year 11 students across the Shoalhaven. The Bomaderry Rotary Club is seeking funding support from Shoalhaven City Council (SCC) to assist with running the program in 2019. The request is for an amount of $2000 to go toward project costs and to maximise exposure to many year 11 students across the region.
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RESOLVED (Clr Digiglio / Clr Gash) MIN19.148 That Council provide $2,000 from the unallocated donations budget to the Bomaderry Rotary Club toward project costs to run a Driving Learner Program to enhance knowledge about driver safety for year 11 students across the Shoalhaven.
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Notices of Motion / Questions on Notice
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CL19.52 Rescission Motion - CBD19.8 - Parking Infringements in the Shoalhaven - Parking Fine Concessions for Constituents |
HPERM Ref: D19/65060 |
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That Council rescind the Motion relating to Item CBD19.8 of the Council Meeting held on Tuesday 26 February 2019. |
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RESOLVED (Clr Guile / Clr Pakes) MIN19.149 That Council rescind the Motion relating to Item CBD19.8 of the Council Meeting held on Tuesday 26 February 2019. For: Clr Wells, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Clr Findley, Clr Gash, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett
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CL19.53 Notice of Motion - CBD19.8 - Parking Infringements in the Shoalhaven - Parking Fine Concessions for Constituents |
HPERM Ref: D19/65063 |
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That Council reduce penalty notice charges for overtime carparking, overtime street parking and not stand vehicle within marked space by 25% as suggested by the State Government.
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RESOLVED (Clr Guile / Clr Pakes) MIN19.150 That Council reduce penalty notice charges for overtime carparking, overtime street parking and not stand vehicle within marked space by 25% as suggested by the State Government. For: Clr Wells, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Clr Findley, Clr Gash, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett
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Procedural Motion - Bring Item Forward |
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RESOLVED (Clr Pakes / Clr White) MIN19.151 That the matter of items CL19.64, CL19.55 and CL19.56 be brought forward for consideration, followed by an adjournment.
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HPERM Ref: D19/87545 |
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Recommendation (Clr White / Clr Pakes) That Council 1. Make representations to the NSW Government Ministers for Crown Lands & Office of Environment & Heritage requesting that:- a. No plastic buckets or plastic materials (such as nylon rope, plastic signage etc.) be used on Lake Conjola Beach in relation to any government protection programs. b. Any wooden or other material posts/stakes or other equipment used on Lake Conjola Beach in relation to any government protection programs be removed immediately there are any storms, high tide inundation, flooding or the program has been completed. 2. Remove immediately any plastic tape or stakes used by Council staff to mark areas out once the project or works have been completed or there is any inundation. |
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RESOLVED (Clr White / Clr Pakes) MIN19.152 That Council 1. Make representations to the NSW Government Ministers for Crown Lands & Office of Environment & Heritage requesting that: a. No plastic buckets or plastic materials (such as nylon rope, plastic signage etc.) be used on Lake Conjola Beach, or any other beach in the Shoalhaven, in relation to any government protection programs. b. Any wooden or other material posts/stakes or other equipment used on Lake Conjola Beach in relation to any government protection programs be removed immediately there are any storms, high tide inundation, flooding or the program has been completed. 2. Remove immediately any plastic tape or stakes used by Council staff to mark areas out once the project or works have been completed or there is any inundation. For: Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Clr Findley, Clr Digiglio, Clr Alldrick and Clr Levett
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CL19.54 Notice of Motion - Driving Learner Program |
HPERM Ref: D19/73430 |
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Item dealt with earlier in the meeting see MIN19.148.
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CL19.55 Notice of Motion - Policy on the Australian Flag and Other Flags |
HPERM Ref: D19/78373 |
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That 1. Council adopt a formal policy on the Australian Flag and other Flags. 2. The Australian Flag be displayed at as many Council Buildings as is reasonably possible, and particularly where they are occupied by Council Staff. 3. The display of Flags of other Nations be restricted to occasions when we have an official delegation visiting our City area and be flown to demonstrate respect for the visitors. 4. The adopted Aboriginal Flag continue to be displayed with the Australian Flag and Council’s City Flag. 5. Council write to our Local Members of Parliament, the Prime Minister and the Leader of the Opposition seeking a commitment from them to retain our flag for ever, even if we become a Republic in the future. |
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Motion (Clr Watson / Clr Guile) That 1. Council adopt a formal policy on the Australian Flag and other Flags. 2. The Australian Flag be displayed at as many Council Buildings as is reasonably possible, and particularly where they are occupied by Council Staff. 3. The display of Flags of other Nations be restricted to occasions when we have an official delegation visiting our City area and be flown to demonstrate respect for the visitors. 4. The adopted Aboriginal Flag continue to be displayed with the Australian Flag and Council’s City Flag. 5. Council write to our Local Members of Parliament, the Prime Minister and the Leader of the Opposition seeking a commitment from them to retain our flag for ever, even if we become a Republic in the future.
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Amendment (Clr Alldrick / Clr Digiglio) That 1. Council adopt a formal policy on the Australian Flag and other Flags. 2. The Australian Flag be displayed at as many Council Buildings as is reasonably possible, and particularly where they are occupied by Council Staff. 3. The display of Flags of other Nations be restricted to occasions when we have an official delegation visiting our City area and be flown to demonstrate respect for the visitors. 4. The adopted Aboriginal Flag continue to be displayed with the Australian Flag and Council’s City Flag. For: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Proudfoot Against: Clr Gash, Clr Wells, Clr White, Clr Levett, Clr Guile, Clr Pakes, Clr Watson and Clr Kitchener lost |
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Clr Watson raised a Point of Order against Clr Levett regarding his comment about debating “Clr Watson’s narrow view on the world.” The Mayor ruled as a Point of Order and asked Clr Levett to withdraw his comments. Clr Levett withdrew his comments and apologised unreservedly. |
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RESOLVED (Clr Watson / Clr Guile) MIN19.153 That 1. Council adopt a formal policy on the Australian Flag and other Flags. 2. The Australian Flag be displayed at as many Council Buildings as is reasonably possible, and particularly where they are occupied by Council Staff. 3. The display of Flags of other Nations be restricted to occasions when we have an official delegation visiting our City area and be flown to demonstrate respect for the visitors. 4. The adopted Aboriginal Flag continue to be displayed with the Australian Flag and Council’s City Flag. 5. Council write to our Local Members of Parliament, the Prime Minister and the Leader of the Opposition seeking a commitment from them to retain our flag. For: Clr Gash, Clr Wells, Clr White, Clr Guile, Clr Pakes, Clr Watson and Clr Kitchener Against: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett and Clr Proudfoot
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HPERM Ref: D19/84499 |
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That 1. Further to Council earlier action in resolving to support the West Culburra Concept Plan as a matter of policy Council once again reaffirm its decision. 2. Council seek to give evidence supporting the applicants appeal in the Land and Environment Court against the Independent Planning Commission’s refusal of the West Culburra Concept Plan DA. |
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RESOLVED (Clr Watson / Clr Pakes) MIN19.154 That 1. Further to Council earlier action in resolving to support the West Culburra Concept Plan as a matter of policy Council once again reaffirm its decision. 2. Council become a third party to the appeal in the Land and Environment Court against the NSW Independent Planning Commission’s refusal of the West Culburra Concept Plan DA. 3. That Council request that a report come to the D&E Committee once the Statement of Facts and Contentions has been considered. For: Clr Gash, Clr Wells, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett Note: A rescission motion was received on this item.
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Note: The meeting adjourned, the time being 9.18pm.
Note: The meeting reconvened, the time being 9.45pm
When the following members were present:
Clr Amanda Findley - Chairperson
Clr Joanna Gash
Clr John Wells
Clr Patricia White
Clr Kaye Gartner
Clr Nina Digiglio
Clr Annette Alldrick
Clr John Levett
Clr Andrew Guile
Clr Mitchell Pakes
Clr Mark Kitchener
Clr Bob Proudfoot
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HPERM Ref: D19/78407 |
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That 1. That Council provide a costing on design options for the repair or replacement of the Ulladulla Harbour Boardwalk, along the waterfront from the Marine Rescue building to the Ulladulla Sea Pool. 2. Initial funding be allocated in the 19/20 budget and works commence simultaneously. 3. Council make application to both State and Commonwealth Governments in an endeavour to obtain a grant from them to assist with the reconstruction of the boardwalk. |
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RESOLVED (Clr Kitchener / Clr Pakes) MIN19.155 That 1. Council provide a costing on design options for the repair or replacement of the Ulladulla Harbour Boardwalk, along the waterfront from the Marine Rescue building to the Ulladulla Sea Pool. 2. Initial funding be allocated in the 19/20 budget and works commence simultaneously. 3. Council make application to both State and Commonwealth Governments in an endeavour to obtain a grant from them to assist with the reconstruction of the boardwalk.
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CL19.58 Notice of Motion - Reports Submitted to Council / Committee Meetings |
HPERM Ref: D19/78431 |
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That all reports prepared by staff for council meetings, committee meetings and/or committees containing community representatives, have the following clearly indicated at the beginning of the report: 1. the author of the report 2. the designation of the author 3. the qualifications of the author 4. the group that the author is a part of 5. an indication that the group director has authorised the contents of the report 6. the reason that the report has been created |
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RESOLVED (Clr Proudfoot / Clr White) MIN19.156 That all reports prepared by staff for council meetings, committee meetings and/or committees containing community representatives, have the following clearly indicated at the beginning of the report: 1. the author of the report; 2. the designation of the author; 3. the qualifications of the author; 4. the group that the author is a part of; 5. an indication that the group director has authorised the contents of the report; and 6. the reason that the report has been created.
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CL19.59 Notice of Motion - Disabled Parking - Nowra - Standish Medical Centre |
HPERM Ref: D19/87567 |
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Recommendation That Council make a recommendation to the traffic committee that consideration be given to the provision of a greater number of disabled parking spaces in the vicinity of the Standish Medical Centre, Berry Street, Nowra. |
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RESOLVED (Clr Proudfoot / Clr Pakes) MIN19.157 That Council make a recommendation to the traffic committee that consideration be given to the provision of a greater number of disabled parking spaces in the vicinity of the Standish Medical Centre, Berry Street, Nowra.
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HPERM Ref: D19/87016 |
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Recommendation That Council 1. Endorse the 2019 ACCA conference communique. 2. Write to NSW Govt Minister Upton and Commonwealth Govt Minister Price informing them of this endorsement. 3. Incorporate the communique (below) in its ALGA Notices of Motion. |
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Clr Gash raised a Point of Order against Clr Findley for insinuating that membership of the ACCA committee were not members of the Greens party. Clr Findley clarified her comments. |
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RESOLVED (Clr Gartner / Clr Wells) MIN19.158 That Council 1. Endorse the 2019 ACCA conference communique. 2. Write to NSW Government Minister Upton and Commonwealth Government Minister Price informing them of this endorsement. 3. Incorporate the communique (attached) in its ALGA Notices of Motion. For: Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett and Clr Kitchener Against: Clr Guile, Clr Pakes and Clr Proudfoot
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CL19.61 Notice of Motion - Donation Request - Shoalhaven Heads Community Consultative Body - Pump Track |
HPERM Ref: D19/87070 |
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Recommendation That Council provide funding of $7,000 towards construction costs of the Shoalhaven Heads pump track project. |
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RESOLVED (Clr Wells / Clr White) MIN19.159 That Council provide funding of $7,000 from the unallocated donations towards construction costs of the Shoalhaven Heads pump track project. |
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Note: Clr Guile left the meeting at 10:07pm.
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HPERM Ref: D19/87260 |
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Recommendation That Council 1. Consults with Yulunga Hall Management Committee, Red Head Villages Association and the Council's Mobile Pre School users to ensure that their treatment of the trees in the playground does not restrict the current easy access to the playground directly from the hall and removes all harmful debris from the playground including any soft fall areas. 2. Consults with the same three community groups to ascertain initially the community's needs and wishes for the playground BEFORE commencing initial planning of possible designs. 3. Meets regularly with the community throughout the planning, design and implementation processes to ensure Council and Community gain the best possible playground. |
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Note: Clr Gash left the meeting at 10:14pm.
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RESOLVED (Clr White / Clr Proudfoot) MIN19.160 That Council 1. Consults with Yulunga Hall Management Committee, Red Head Villages Association and the Council's Mobile Pre School users to ensure that their treatment of the trees in the playground does not restrict the current easy access to the playground directly from the hall and removes all harmful debris from the playground including any soft fall areas. 2. Consults with the same three community groups to ascertain initially the community's needs and wishes for the playground BEFORE commencing initial planning of possible designs. 3. Meets regularly with the community throughout the planning, design and implementation processes to ensure Council and Community gain the best possible playground.
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HPERM Ref: D19/87414 |
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Item dealt with earlier in the meeting in conjunction with MM19.4 - Mayoral Minute - Lake Conjola see MIN19.143. |
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CL19.64 Notice of Motion - Lake Conjola - Plastic Debris |
HPERM Ref: D19/87545 |
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Item dealt with earlier in the meeting see MIN19.152.
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CL19.65 Notice of Motion - Development Application - 171B Strongs Road, Berry |
HPERM Ref: D19/87478 |
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Recommendation That Council ‘call-in’ the following Development Application for determination by the elected Council 1. DA18/2115 for 171B Strongs Road, Berry due to the public interest with the number of submissions lodged with Council 2018 – 17 submissions 2019 – 60 plus resubmissions of 11 |
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RESOLVED (Clr White / Clr Wells) MIN19.161 That Council ‘call-in’ the following Development Application for determination by the elected Council 1. DA18/2115
for 171B Strongs Road, Berry due to the public interest with the number of
submissions lodged with Council
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Report of the Strategy & Assets Committee - 12 March 2019
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HPERM Ref: D19/25114 |
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Recommendation That Council: 1. Receive the report on the results of management strategies implemented over the peak tourism period to manage traffic, safety and local amenity concerns in high visitation areas. 2. Continue to manage short term high tourism visitation challenges over the next 12 months throughout the Shoalhaven Region and continue to provide a net budget allocation of $150,000 in the 2019/20 financial year to ensure the standard of service and improvements made over the last 12 months are maintained. 3. Commit to ongoing priority be given to resolving Hyams Beach challenges through continued investigation of long-term solutions as follows: i. Actively pursue options for parking outside of Hyams Beach Village with walk in and/or a shuttle bus service, with preference given to two identified potential sites owned by Jerrinja Land Council and National Parks and Wildlife Service respectively. ii. Actively work on feasibility, funding and installation of a permanent roundabout to ease traffic congestion and control access into Hyams Beach at peak holiday times. iii. Continue to actively investigate the viability of paid parking through the required traffic studies and report back to council in due course. 4. Note that in relation to issues with illegal camping and noise complaints within the Seamans Carpark and in response to strong representations from the community to limit use of the carpark to be open only during daylight hours, the following key actions will be trialled: i. Installation of a gate on the carpark and lock the gate – carpark only open during daylight hours ii. Lock toilets – open only during daylight hours iii. Investigate the ability to issue higher dollar infringements for illegal camping 5. Receive a further report on the outcomes of the grant application for infrastructure upgrades under the “Shoalhaven Sustainable Tourism Infrastructure Package” as part of the Restart NSW Environment and Tourism fund 6. Actively seek ongoing funding for tourism related infrastructure improvement projects as opportunities arise. 7. Proceed with a limited Expressions of Interest process to identify potential Smart Technology Solutions available to assist in solving the very high visitation challenges identified at Hyams Beach and report findings with estimated budgets back to council and the community via the Hyams Beach CCB. |
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RESOLVED (Clr Findley / Clr Pakes) MIN19.162 That Council: 1. Receive the report on the results of management strategies implemented over the peak tourism period to manage traffic, safety and local amenity concerns in high visitation areas. 2. Continue to manage short term high tourism visitation challenges over the next 12 months throughout the Shoalhaven Region and continue to provide a net budget allocation of $150,000 in the 2019/20 financial year to ensure the standard of service and improvements made over the last 12 months are maintained.
3. Commit to ongoing priority be given to resolving Hyams Beach challenges through continued investigation of long-term solutions as follows: i. Actively pursue options for parking outside of Hyams Beach Village with walk in and/or a shuttle bus service, with preference given to two identified potential sites owned by Jerrinja Land Council and National Parks and Wildlife Service respectively. ii. Actively work on feasibility, funding and installation of a permanent roundabout to ease traffic congestion and control access into Hyams Beach at peak holiday times. iii. Continue to actively investigate the viability of paid parking through the required traffic studies and report back to council in due course. 4. Note that in relation to issues with illegal camping and noise complaints within the Seamans Carpark and in response to strong representations from the community to limit use of the carpark to be open only during daylight hours, the following key actions will be trialled: i. Installation of a gate on the carpark and lock the gate – carpark only open during daylight hours ii. Lock toilets – open only during daylight hours iii. Investigate the ability to issue higher dollar infringements for illegal camping 5. Receive a further report on the outcomes of the grant application for infrastructure upgrades under the “Shoalhaven Sustainable Tourism Infrastructure Package” as part of the Restart NSW Environment and Tourism fund 6. Actively seek ongoing funding for tourism related infrastructure improvement projects as opportunities arise. 7. Proceed with a limited Expressions of Interest process to identify potential Smart Technology Solutions available to assist in solving the very high visitation challenges identified at Hyams Beach and report findings with estimated budgets back to council and the community via the Hyams Beach CCB. 8. That Council continue to work with the businesses of Hyams Beach in reducing any perceived impacts of the peak tourist management period.
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Items marked with an * were resolved ‘en block’.
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HPERM Ref: D18/418293 |
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RESOLVED* (Clr Gartner / Clr Digiglio) MIN19.163 That Council allocate $150,000 in the 2019/20 draft budget to complete the detail design required to get the approved multi storey car park at Corner Berry St Worrigee St, Nowra to a shovel ready stage.
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SA19.31 Classification of Land - Lot 542 DP 1250028 - Macquarie Drive Burrill Lake |
HPERM Ref: D19/46192 |
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RESOLVED* (Clr Gartner / Clr Digiglio) MIN19.164 That Council resolve to classify the land as Lot 542 DP 1250028, Macquarie Drive Burrill Lake in 3A07/1005, as Community Land.
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SA19.32 Classification of Land - Lot 332 DP 1224103 of Subdivision SF9055 - Sussex Inlet Rd Sussex Inlet |
HPERM Ref: D19/46272 |
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RESOLVED* (Clr Gartner / Clr Digiglio) MIN19.165 That Council resolve to classify the land described as Lot 332 DP 1224103 in SF9055, Sussex Inlet Rd, Sussex Inlet, as Operational Land.
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SA19.33 Grant of Electricity Easement for Pad Mount Substation and Restriction on the Use of Land to Endeavour Energy - Shoalhaven Indoor Sports Centre - 84 Cambewarra Road, Bomaderry |
HPERM Ref: D19/20550 |
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RESOLVED* (Clr Gartner / Clr Digiglio) MIN19.166 That Council: 1. Grant an Easement for a Pad Mount Substation and the creation of a Restriction on the Use of Land in favour of Endeavour Energy over Lot 100 DP1237704, 84 Cambewarra Road, Bomaderry; and 2. 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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SA19.34 South East Weight of Loads Group (SEWOL) - Deed of Agreement |
HPERM Ref: D19/46340 |
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RESOLVED* (Clr Gartner / Clr Digiglio) MIN19.167 That: 1. The Deed of Agreement between the Shoalhaven City Council and Queanbeyan City Council (on behalf of the association known as the South East Weight of Loads Group), for the purposes of administering the weight of loads of motor vehicles using local council and classified roads, be continued for a period of 4 years, with the annual contribution being voted from the relevant year's Roads Maintenance allocation (Job No 25002); 2. The General Manager be authorised to agree to changes to SEWOL inspectorial staff, on behalf of Council; and 3. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed, otherwise the General Manager be authorised to sign any documentation necessary to give effect to this resolution.
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HPERM Ref: D19/55590 |
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RESOLVED* (Clr Gartner / Clr Digiglio) MIN19.168 That: 1. Council accepts the $7,500 grant funding contribution approved to date by Gladys Berejiklian MP (Premier of NSW) in support of the 2019 Anzac Day services 2. The General Manager (Director Assets & Works) writes to both Gladys Berejiklian MP (Premier of NSW) and South Coast MP Shelley Hancock, thanking them for the financial support of Shoalhaven Anzac Day services approved to date, which will help to mitigate the cost burden on Council in the 2018-19 year. 3. Council notes the advice received from David Elliott MP (Minister for Counter Terrorism, Minister for Corrections, and Minister for Veterans Affairs) that the responsibility for organising and funding Anzac Day marches sits with the NSW State Branch of the RSL and the respective sub-branches. 4. The General Manager (Director Assets & Works) continues to seek an annual commitment from the State Government to assist the NSW State Branch of the RSL and the respective sub-branches fund their ANZAC Day Ceremonies (in particular Traffic Controller and Marshal training) and thus mitigate Council’s ongoing costs in supporting future annual Anzac Day ceremonies. 5. Whilst funding commitments for future ANZAC Day marches continues to be negotiated, Council continues to provide support to the local RSL sub-branches in the planning and implementation of local Anzac Day ceremonies in the Shoalhaven for 2019. 6. Council’s budget established in support of local Anzac Day ceremonies be reviewed after the 2019 Anzac Day services; however, $30,000 initially to be included in the draft budget for 2019-20, and a further report to Council be provided in regard to future budgets required (in support of the 2020 Anzac Day services, and beyond).
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IA19.15 Additional Item - Memorial Gardens Access Ramp and Crossing |
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RESOLVED* (Clr Gartner / Clr Digiglio) MIN19.169 That: 1. Staff investigate and construct the accessible ramp/path and realign the crossing at the Memorial Gardens Worrigee and report back. 2. This matter be added to the Action Table. 3. This matter be included in the 2019/2020 budget and works be delivered as a priority. 4. When carparking is under review, Council consider the number of parking spaces with a view to increasing the ratio of disability/accessible carparking spaces.
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Report of the Nowra CBD Revitalisation Strategy Committee - 13 March 2019
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CBD19.14 Community Member Submission - Nowra CBD - Traffic congestion, Parking and Rejuvenation Suggestions |
HPERM Ref: D19/20150 |
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Recommendation That this matter and including the Nowra LIVE site be referred to the Communications Sub-Committee and relevant staff for a way forward and a report be submitted back to the Committee. |
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RESOLVED* (Clr Gartner / Clr White) MIN19.170 That this matter and including the Nowra LIVE site be referred to the Communications Sub-Committee and relevant staff for a way forward and a report be submitted back to the Committee.
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CBD19.15 Terms of Reference - Amended version proposed by Committee Members |
HPERM Ref: D19/64577 |
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Recommendation That the Terms of Reference – Amended version proposed by Committee Members be reported to Council for adoption. |
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RESOLVED (Clr Digiglio / Clr Proudfoot) MIN19.171 That the Terms of Reference – Amended version proposed by Committee Members be adopted by Council with the following change: to have two community representatives on the Committee. For: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett and Clr Proudfoot Against: Clr Wells, Clr White, Clr Pakes and Clr Kitchener
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Report of the Shoalhaven Traffic Committee - 12 March 2019
Items marked with an * were resolved ‘en block’.
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TC19.9 Temporary Road Closures for ANZAC Day Services and Marches (PN 3477) |
HPERM Ref: D19/72552 |
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RESOLVED* (Clr Guile / Clr Wells) MIN19.172 That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the following proposed road closures on 25 April 2019 in support of annual ANZAC Day marches and ceremonies; 1. Berry – Assemble in Queen Street adjacent to Apex Park at 10.20am. The march will move off at 10.30am via Queen and Alexandra Streets to War Memorial Gardens for the one (1) hour service. 2. Bomaderry – Dawn Service in Walsh Memorial Park, Meroo Street commencing at 5:45am. Memorial Service – Assemble in Bunberra Street adjacent to Bomaderry RSL Club at 9.00am and march to Walsh Memorial Park in Meroo Street at 9.15am via Bunberra and Meroo Streets for service at 9.30am. 3. Callala Beach – A Memorial Service will be held at the Cenotaph in the grounds of the Callala RSL Country Club commencing at 10.00am. 4. Culburra – Assemble in Culburra Bowling and Recreation Club car park at 11.30am. March to the War Memorial adjacent to the Culburra Community Centre at 11.45am via West Crescent and Culburra Road for service at 12noon. 5. Greenwell Point – Dawn Service – Assemble at Greenwell Point Memorial Hall at 5.10am and march off at 5.25am to ANZAC Park via Greenwell Point Road for service. 6. Huskisson – Assemble in Hawke Street adjacent to White Sands Park at 10.15am. The march will move off at 10.30am via Hawke, Owen and Currambene Streets to Voyager Park for service commencing at 11.00am. 7. Kangaroo Valley – Assemble at the Showground at 9.45am for march to commence at 10.00am travelling along Moss Vale Road to Cenotaph for service, returning along same route for dispersal at the Showground at approx. 11.30am. 8. Milton – Assemble at the intersection of the Princes Highway and Church Street at 10.00am for the march to commence at 10.30am along the Princes Highway to Milton Cenotaph for service expected to be completed by 12noon. 9. Nowra – Assemble at 10.10am in Junction Street between Berry and Osborne Streets, march to Memorial Gates at Nowra Showground at 10.30am for a one (1) hour service after which the assembly will march along Junction Street to Shoalhaven Street where the parade will be dispersed. 10. Shoalhaven Heads – Assemble at 5.30am adjacent to the Centre Shops in Shoalhaven Heads Road with march to commence at 5.45am to the Shoalhaven Heads Memorial Park via Shoalhaven Heads Road for the service. 11. St Georges Basin – Memorial Service – Assemble in the Lions Park Memorial, Island Point Road (opposite hardware store) at 10.50am for service commencing at 11.00am. 12. Sussex Inlet – Assemble in Neilson Road at 9.45am in front of RSL Sub-Branch Hall for the march commencing at 10am to the Sussex Inlet War Memorial at the RSL Club for the service.
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TC19.10 No Parking Beyond This Point - Flatrock Swimming Area (PN 3514) |
HPERM Ref: D19/72608 |
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RESOLVED* (Clr Guile / Clr Wells) MIN19.173 That the General Manager (Director Assets and Works) be requested to arrange for the installation of a “No Parking Area” sign at the Council stockpile site on Upper Kangaroo River Road, Upper Kangaroo River, as detailed in the attached plan.
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HPERM Ref: D19/72725 |
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RESOLVED* (Clr Guile / Clr Wells) MIN19.174 That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed E1 line marking on Croobyar Road, Milton between Myrtle Street and Price Parkway, as detailed in the attached plan.
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HPERM Ref: D19/72826 |
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RESOLVED* (Clr Guile / Clr Wells) MIN19.175 That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed double barrier (BB) and edge line (E1) marking works on Wheelbarrow Road, Morton from CH1.98 to 3.2km, as detailed in the attached plan.
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TC19.13 Traffic Signals North St/Kinghorne St/Moss St Nowra (PN 3535) |
HPERM Ref: D19/72919 |
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RESOLVED* (Clr Guile / Clr Wells) MIN19.176 That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed installation of traffic signals and associated line marking and signage at the intersection of North Street/Kinghorne Street/Moss Street, Nowra, as detailed in the attached plan.
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TC19.14 Installation of No Stopping Zone - Prince Edward Avenue Culburra Beach (PN 3526) |
HPERM Ref: D19/72991 |
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Recommendation That: 1. Council notes that further consultation with Holiday Haven has been undertaken by staff. 2. The General Manager (Director Assets and Works) be requested to arrange for the installation of a No Stopping zone 20 metres either side of the Holiday Haven Tourist Park access on Prince Edward Avenue, Culburra Beach, as detailed in the attached plan. |
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RESOLVED (Clr Pakes / Clr White) MIN19.177 That: 1. Council notes that further consultation with Holiday Haven has been undertaken by staff. 2. The General Manager (Director Assets and Works) be requested to arrange for the installation of a No Stopping zone 20 metres either side of the Holiday Haven Tourist Park access on Prince Edward Avenue, Culburra Beach, as detailed in the attached plan.
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TC19.15 Centre Line Marking and RRPMs - Kangaroo Valley Road - (PN 2929) |
HPERM Ref: D19/73035 |
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RESOLVED* (Clr Guile / Clr Wells) MIN19.178 That the General Manager (Director, Planning Environment & Development) be requested to arrange for the installation of Centre Line marking on Kangaroo Valley Road (between Bundewallah Road, Berry and Wattamolla Road, Berry Mountain) approximately 12.4 km.
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Items marked with an * were resolved ‘en block’.
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CL19.69 Sale of Council Employment Land - Lot 93 DP1077878, 15 Tom Thumb Ave South Nowra |
HPERM Ref: D19/69509 |
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RESOLVED* (Clr Guile / Clr Pakes) MIN19.179 That 1. Council employment land (Lot 93 DP1077878, 15 Tom Thumb Drive, South Nowra) be sold for $1,030,000 (plus GST) to Tattam Express (New company yet to be nominated); 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.
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CL19.70 Grant funding offer from Infrastructure NSW - Growing Local Economies, for Employment Land Activation in the Shoalhaven (Albatross Aviation Technology Park) |
HPERM Ref: D19/84514 |
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RESOLVED* (Clr Guile / Clr Pakes) MIN19.180 That Council: 1. Accept the grant of $4,950,000 from Infrastructure NSW under the Regional Growth Fund – Growing Local Economies Program to expand the Albatross Aviation Technology Park. 2. Source it’s financial contribution to the works from the Industrial Land Development Reserve. 3. Authorise the General Manager to sign the funding deed with the NSW Government. 4. Write to the Members for Kiama and South Coast thanking the NSW Government for the funding grant from the Regional Growth Fund – Growing Local Economies Program.
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CL19.71 Grant funding offers from Dept of Industry, Innovation and Science under the Building Better Regions Fund Round 3. |
HPERM Ref: D19/84515 |
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Recommendation That Council: 1. Accept the grant of $1,700,000 from the Building Better Regions Fund for the “Placemaking for Vincentia Village” project. 2. Accept the grant of $462,000 from the Building Better Regions Fund for the “Jervis Bay Active Transport Improvements, Myola” project. 3. Accept the grant of $478,253 from the Building Better Regions Fund for the “Boongaree Park, Childhood Adventure Zone, Berry” project. 4. Accept the grant of $50,000 from the Building Better Regions Fund for a “Shoalhaven Health & Wellbeing Strategy”. 5. Accept the grant of $25,000 from the Building Better Regions Fund for the “Building Better Futures in Sanctuary Point, Bomaderry and Orient Point” project. 6. Authorise the General Manager to sign the funding agreements with the Australian Government for each of the above projects. 7. Source the matching contributions for the Infrastructure Stream projects, totalling $2,568,999, from a combination of internal borrowing from reserves and future capital budget allocations over the period 2018/19 to 2020/21 as previously reported to council in October 2018. Matching funds for the Community Investment stream projects, be funded from operational budgets. 8. Write to the Member for Gilmore thanking the Australian Government for the funding grants from the Building Better Regions Fund Round 3. |
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RESOLVED (Clr Gartner / Clr White) MIN19.181 That Council: 1. Accept the grant of $1,700,000 from the Building Better Regions Fund for the “Placemaking for Vincentia Village” project. 2. Accept the grant of $462,000 from the Building Better Regions Fund for the “Jervis Bay Active Transport Improvements, Myola” project. 3. Accept the grant of $478,253 from the Building Better Regions Fund for the “Boongaree Park, Childhood Adventure Zone, Berry” project. 4. Accept the grant of $50,000 from the Building Better Regions Fund for a “Shoalhaven Health & Wellbeing Strategy”. 5. Accept the grant of $25,000 from the Building Better Regions Fund for the “Building Better Futures in Sanctuary Point, Bomaderry and Orient Point” project. 6. Authorise the General Manager to sign the funding agreements with the Australian Government for each of the above projects. 7. Source the matching contributions for the Infrastructure Stream projects, totalling $2,568,999, from a combination of internal borrowing from reserves and future capital budget allocations over the period 2018/19 to 2020/21 as previously reported to council in October 2018. Matching funds for the Community Investment stream projects, be funded from operational budgets. 8. Write to the Member for Gilmore thanking the Australian Government for the funding grants from the Building Better Regions Fund Round 3.
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CL19.72 Proposal to move forward to form a Public Private Partnership |
HPERM Ref: D19/87717 |
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Recommendation That Council is accordance with Section 10(a)(2)(d)(i) and Section 10A(2)(d)(iii) of the Local Government Act 1993 consider a separate confidential report on the proposal to move forward and make application to form a Public Private Partnership. |
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RESOLVED (Clr Wells / Clr White) MIN19.182 That Council is accordance with Section 10(a)(2)(d)(i) and Section 10A(2)(d)(iii) of the Local Government Act 1993 consider a separate confidential report on the proposal to move forward and make application to form a Public Private Partnership. |
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CL19.73 Acceptance of Grant funding - Community Sports Infrastructure Grants Program |
HPERM Ref: D19/61531 |
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Recommendation That Council 1. Accept the Federal Government grant funding ($62,467) offer. 2. Delegate authority to the General Manager or nominee, to accept and acquit the grant funding. 3. Write to the Federal Government and Local Member of Parliament, Ann Sudmalis and thank them for the grant offer. |
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RESOLVED (Clr Alldrick / Clr Digiglio) MIN19.183 That Council 1. Accept the Federal Government grant funding ($62,467) offer. 2. Delegate authority to the General Manager or nominee, to accept and acquit the grant funding. 3. Write to the Federal Government and Local Member of Parliament, Ann Sudmalis and thank them for the grant offer.
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HPERM Ref: D19/69855 |
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Recommendation That 1. In accordance with Section 361 of the Local Government Act, the Draft Code of Meeting Practice be placed on public exhibition to obtain community feedback. 2. A report be provided at the completion of the exhibition period, outlining the submissions received and providing a Final Draft Code of Meeting Practice for adoption by the Council prior to 14 June 2019. |
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RESOLVED (Clr White / Clr Digiglio) MIN19.184 That 1. In accordance with Section 361 of the Local Government Act, the Draft Code of Meeting Practice be placed on public exhibition to obtain community feedback, with an amendment to the Note after Clause 5.17 on page 15 as follows: Note: 2. A report be provided at the completion of the exhibition period, outlining the submissions received and providing a Final Draft Code of Meeting Practice for adoption by the Council prior to 14 June 2019.
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Items marked with an * were resolved ‘en block’.
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HPERM Ref: D19/70313 |
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RESOLVED* (Clr White / Clr Alldrick) MIN19.185 That 1. The Draft Code of Conduct (Attachment 1) be placed on public exhibition for a period of 28 days to obtain community feedback. 2. A report be provided at the completion of the exhibition period, outlining the submissions received and a Final Draft Code of Conduct and Procedures for adoption by the Council by 14 June 2019.
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HPERM Ref: D19/77195 |
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RESOLVED* (Clr White / Clr Alldrick) MIN19.186 That Council 1. Notes the details of the 2019 Future of Local Government National Summit scheduled for 23 and 24 May 2019 in Melbourne. 2. Authorises available Councillors to attend the conference and such attendance be deemed Council Business. 3. Travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with its adopted policy. 4. Request Councillors attending the conference to provide a written report within 30 days of returning from the conference.
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HPERM Ref: D19/82036 |
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RESOLVED* (Clr White / Clr Alldrick) MIN19.187 That Council 1. Notes the details of the Local Government Summit scheduled for 11-12 April 2019 in Sydney, NSW. 2. Authorises available Councillors to attend the conference and such attendance be deemed Council Business. 3. Travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with its adopted policy. 4. Request Councillors attending the conference to provide a written report within 30 days of returning from the conference.
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CL19.78 Electricity Supply Contract – Nowra Aquatic Park – Short Term – 2019 |
HPERM Ref: D19/81169 |
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Recommendation That Council: 1. Cite extenuating circumstances to utilise Section 55 (3)(i) of the Local Government Act 1993 for an exemption from tendering for the supply of electricity to the Nowra Aquatic Park, Scenic Drive Nowra from 1 April 2019 to 31 December 2019. 2. Delegate authority to the General Manager to engage Local Government Procurement to enter into parallel negotiations with ERM Power and Origin for the supply of electricity to the Nowra Aquatic Park for 2019. |
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Note: The General Manager advised Council of a change to the situation since the report was printed. |
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RESOLVED (Clr Wells / Clr White) MIN19.188 That Council notes the report for information due to a significant change to the offer outlined by the General Manager.
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HPERM Ref: D19/83626 |
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That the report of the General Manager (Finance, Corporate & Community Services Group) on the Record of Investments for the period to 28 February 2019 be received for information. |
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RESOLVED (Clr Proudfoot / Clr White) MIN19.189 That the report of the General Manager (Finance, Corporate & Community Services Group) on the Record of Investments for the period to 28 February 2019 be received for information.
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HPERM Ref: D19/87136 |
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That Council enter into a temporary licence agreement for an initial period of three months plus extensions as agreed with Robyn Crawford the owner/operator of the “Deli Van” at a weekly fee of $200 per week +GST commencing 29th March 2019. |
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RESOLVED (Clr Findley / Clr White) MIN19.190 That Council enter into a temporary licence agreement for an initial period of three months plus extensions as agreed with Robyn Crawford the owner/operator of the “Deli Van” at a weekly fee of $200 per week +GST commencing 29th March 2019.
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HPERM Ref: D19/20334 |
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RESOLVED* (Clr Proudfoot / Clr Pakes) MIN19.191 That Council adopt the following two (2) reviewed Bushcare Group Action Plans: 1. Warden Head; and 2. Bangalee Reserve. Note: This item was reintroduced, see MIN19.193.
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Procedural Motion - Reintroduction of Item |
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RESOLVED (Clr Proudfoot / Clr Pakes) MIN19.192 That CL19.81 be reintroduced for discussion to allow for consideration of the appropriate Plans.
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HPERM Ref: D19/20334 |
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RESOLVED (Clr Proudfoot / Clr Pakes) MIN19.193 That Council defer until the Council is provided with the correct Warden Head and Bangalee Reserve Action Plans.
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CL19.82 Currarong Coastal Erosion Remediation Project progress report: NSW Department of Industry requirements |
HPERM Ref: D18/417557 |
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Recommendation That Council receive the report and undertake the following: 1. Acknowledge the advice received from NSW Department of Industry – Infrastructure and Land Management and not proceed with the design and construction of the Currarong Beach trial geotextile groyne and/or the Beecroft Parade rock revetment, as part of the Currarong Erosion Remediation Project. 2. Implement an alternative remediation strategy, from the existing 2018/19 Currarong coastal erosion remediation works budget, as agreed with the Currarong Community Association representatives at the meeting on 30 January 2019, consisting of: a. Reinstatement of the remaining beach access-way at Warrain Cres using timber construction (opposite 30 Warrain Crescent) in accordance with the Review of Environmental Factors (REF) and the Aboriginal Heritage Impact Permit (AHIP). b. Nature Assisted Beach Enhancement (NABE), beach scraping, along Currarong Beach from Plutus Creek to Currarong Creek, subject to obtaining necessary approvals and permits from government agencies and in accordance with the Review of Environmental Factors (REF) and the Aboriginal Heritage Impact Permit (AHIP); and c. A dune vegetation planting plan at Currarong Beach, in consultation with the community, to assist in stabilisation of the dune particularly in areas where vegetation cover is reduced, and erosion has occurred such as the eastern end of Warrain Cres; and d. Geotechnical investigation to determine the location of bedrock at Beecroft Parade and Currarong Beach, to inform an update of the coastal hazard mapping for the two locations once this information is obtained as recommended by Department of Industry (DoI). The updated coastal hazard mapping is to also to be informed by recent foreshore and dune profile surveys. Use the updated coastal hazard mapping to re-assess future risks to public and private assets in these locations. Provide this updated mapping to DoI; and e. Continue to survey the Currarong Beach dune profile on a regular basis and following storm events to monitor beach conditions and sand movement. f. Continue to survey the Beecroft Parade foreshore profile on a regular basis to monitor to identify any future erosion. 3. Council approach the University of Wollongong to investigate research opportunities for a sediment transport and wave modelling study of Currarong Beach. 4. Continue to collaborate and inform the Currarong Community Association on the progress of the project. 5. Return any unspent funds that were allocated to the construction of the trial geotextile groyne at Currarong Beach and rock revetment wall at Beecroft Parade to the Coastal Management and Infrastructure Reserve. |
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RESOLVED (Clr White / Clr Wells) MIN19.194 That Council receive the report and undertake the following: 1. Acknowledge the advice received from NSW Department of Industry – Infrastructure and Land Management and not proceed with the design and construction of the Currarong Beach trial geotextile groyne and/or the Beecroft Parade rock revetment, as part of the Currarong Erosion Remediation Project. 2. Implement an alternative remediation strategy, from the existing 2018/19 Currarong coastal erosion remediation works budget, as agreed with the Currarong Community Association representatives at the meeting on 30 January 2019, consisting of: a. Reinstatement of the remaining beach access-way at Warrain Cres using timber construction (opposite 30 Warrain Crescent) in accordance with the Review of Environmental Factors (REF) and the Aboriginal Heritage Impact Permit (AHIP). b. Nature Assisted Beach Enhancement (NABE), beach scraping, along Currarong Beach from Plutus Creek to Currarong Creek, subject to obtaining necessary approvals and permits from government agencies and in accordance with the Review of Environmental Factors (REF) and the Aboriginal Heritage Impact Permit (AHIP); and c. A dune vegetation planting plan at Currarong Beach, in consultation with the community, to assist in stabilisation of the dune particularly in areas where vegetation cover is reduced, and erosion has occurred such as the eastern end of Warrain Cres; and d. Geotechnical investigation to determine the location of bedrock at Beecroft Parade and Currarong Beach, to inform an update of the coastal hazard mapping for the two locations once this information is obtained as recommended by Department of Industry (DoI). The updated coastal hazard mapping is to also to be informed by recent foreshore and dune profile surveys. Use the updated coastal hazard mapping to re-assess future risks to public and private assets in these locations. Provide this updated mapping to DoI with a report back to Council once the geotechnical investigations have been undertaken; and e. Continue to survey the Currarong Beach dune profile on a regular basis and following storm events to monitor beach conditions and sand movement. f. Continue to survey the Beecroft Parade foreshore profile on a regular basis to monitor to identify any future erosion. 3. Council approach the University of Wollongong to investigate research opportunities for a sediment transport and wave modelling study of Currarong Beach. 4. Continue to collaborate and inform the Currarong Community Association on the progress of the project. 5. Return any unspent funds that were allocated to the construction of the trial geotextile groyne at Currarong Beach and rock revetment wall at Beecroft Parade to the Coastal Management and Infrastructure Reserve.
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Items marked with an * were resolved ‘en block’.
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HPERM Ref: D19/32733 |
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RESOLVED* (Clr Wells / Clr Pakes) MIN19.195 That Council determines that “substantial compliance” of the criteria in the Best Practice Management of Water Supply and Sewerage Guidelines has been achieved and a dividend will be paid from the water fund to the general fund for the 2017/2018 budget year.
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CL19.84 Woollamia, St Andrews Way and Berrys Bay Sewerage Scheme Update |
HPERM Ref: D19/77484 |
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Recommendation That Council 1. Note the progress of the Woollamia/St Andrews Way/Berrys Bay sewerage program and the key milestones. 2. Endorse the proposed Program of Works and procurement strategy to deliver pressure sewer systems to Woollamia and St Andrews Way/Berrys Bay. |
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RESOLVED (Clr Wells / Clr Digiglio) MIN19.196 That Council 1. Note the progress of the Woollamia/St Andrews Way/Berrys Bay sewerage program and the key milestones. 2. Endorse the proposed Program of Works and procurement strategy to deliver pressure sewer systems to Woollamia and St Andrews Way/Berrys Bay.
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HPERM Ref: D19/82450 |
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RESOLVED* (Clr Wells / Clr Pakes) MIN19.197 That Council 1. Engage with the community and seek views on water restrictions, permanent water conservation measures and other possible programs that would be used to develop a new drought management plan and water demand strategy. 2. Consider a further report after community input has been received.
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Introduction of Items as Matters of Urgency |
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RESOLVED (Clr Wells / Clr White) MIN19.198 That the following addendum reports be introduced as matters of urgency: 1. CL19.86 Appointment - New Members to the Shoalhaven Tourism Advisory Group - 2019
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The Chairperson ruled the matter as urgent as they relate to urgent business of Council and allowed their introduction.
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CL19.86 Appointment - New Members to the Shoalhaven Tourism Advisory Group - 2019 |
HPERM Ref: D19/93948 |
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Recommendation That Council 1. Appoint to the Shoalhaven Tourism Advisory Group Committee the following members: a. Mr Rob Crowe b. Mr Mat Lock c. Mr Mark Thirwall d. Mr David Fleeting e. Mr Neil Rodgers 2. Formally acknowledge and thank retiring members for the valued contribution to the Shoalhaven Tourism Advisory Group: Special thanks to Lynn Locke for her extended service, including many years as Chair, and Paul McLeod, and Louise Hallum. |
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RESOLVED (Clr White / Clr Gartner) MIN19.199 That Council 1. Appoint to the Shoalhaven Tourism Advisory Group Committee the following members: a. Mr Rob Crowe b. Mr Mat Lock c. Mr Mark Thirwall d. Mr David Fleeting e. Mr Neil Rodgers 2. Formally acknowledge and thank retiring members for the valued contribution to the Shoalhaven Tourism Advisory Group: Special thanks to Lynn Locke for her extended service, including many years as Chair, and Paul McLeod, and Louise Hallum.
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Pursuant to Section 10A(4) the public were invited to make representation to the meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed.
No members of the public made representations.
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RESOLVED (Clr Wells / Clr Pakes) MIN19.200
That the press and public be excluded from the Meeting, pursuant to section 10A(1)(a) of the Local Government Act, 1993, to consider the following items of a confidential nature.
CCL19.5 Proposal to move forward to form a Public Private Partnership Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.10(A)(2)(d)(i) Information that would, if disclosed, reveal a trade secret.10(A)(2)(d)(iii) There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.
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The meeting moved into confidential the time being 10.45pm.
The meeting moved into open session, the time being 10.48pm.
Report from confidential session
The following resolutions of the meeting, whilst closed to the public, were made public.
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CCL19.5 Proposal to move forward to form a Public Private Partnership |
HPERM Ref: D19/87682 |
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RESOLVED (Clr Wells / Clr Pakes) MIN19.201C That Shoalhaven City Council: 1. proceed to develop a formal project for submission to the Office of Local Government to regulate the use of non-defence Remotely Piloted Aircrafts (RPAs) in domestic air space with the aim to obtain approval for the project to proceed as a Public Private Partnership 2. make application to the Minister for Local Government to consent, pursuant to Section 358 of the Local Government Act, to create a special purpose entity to deliver the project 3. allocate $25,000 from the Economic Development Budget to use as its 50% financial contribution to the establishment of this entity.
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Procedural Motion - Matters of Urgency |
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RESOLVED (Clr Pakes / Clr White) MIN19.202 That an additional item Investigation Works – Plunkett Street intersection be introduced as a matter of urgency. |
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The Chairperson ruled the matter as urgent as the RMS require investigation works to be conducted by Council.
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CL19.87 Additional Item - Investigation Works - Plunkett St Intersection |
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RESOLVED (Clr Pakes / Clr White) MIN19.203 That 1. Council investigate possible works required at the intersection of Plunkett Street and the Princes Highway, Nowra, so the RMS can undertake upgrades and works required for the traffic lights. 2. Staff report back to council of any works required.
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Note: A Rescission Motion was received in relation to MM19.7 – Mayoral Minute – Students Global Strike for Climate Change signed by Clr Pakes, Clr Guile and Clr Watson. It will be considered at the Ordinary Meeting on Tuesday 30 April at 5pm in the Council Chambers.
Note: A Rescission Motion was received in relation to CL19.56 – Notice of Motion – West Culburra Concept Plan signed by Clr Alldrick, Clr Gartner and Clr Digiglio. It will be considered at the Ordinary Meeting on Tuesday 30 April at 5pm in the Council Chambers.
There being no further business, the meeting concluded, the time being 10.52pm.
Clr Findley
CHAIRPERSON