Minutes of Ordinary Meeting - 25 February 2020

Minutes of the Ordinary Meeting

Meeting Date: Tuesday, 25 February 2020

Location: Council Chambers, City Administrative Building, Bridge Road, Nowra

Time: 5.00pm

The following members were present:

Clr Amanda Findley - Chairperson

Clr Joanna Gash – left at 8.57pm

Clr John Wells – left at 7.35pm

Clr Patricia White

Clr Kaye Gartner

Clr Nina Digiglio

Clr Annette Alldrick

Clr John Levett

Clr Andrew Guile

Clr Mitchell Pakes

Clr Greg Watson

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 Reverend Geoff Thompson and the playing of the Australian National Anthem.

Apologies / Leave of Absence

No apologies were received.

Confirmation of the Minutes

RESOLVED (Clr White / Clr Digiglio) MIN20.115

That the Minutes of the Ordinary Meeting of Ordinary Meeting held on Tuesday 28 January 2020 be confirmed.

Declarations of Interest

Nil

Procedural Motion – Introduction of Addendums

RESOLVED (Clr White / Clr Gartner) MIN20.116

That the following Addendum Reports be introduced for consideration:

· CL20.40 – Woollamia Boat Launching Ramp Updated Masterplan

· CL20.41 – Shoalhaven Heads – River Road Foreshore Precinct Rehabilitation Project – Drainage Options

Call Over of the Business Paper

The following Items were called up for debate:

CL20.31, CL20.19, CL20.32, CL20.40, CL20.41, CL20.25, SA20.23, SA20.27, SA20.21, TC20.5, CL20.33, CL20.35, CL20.36, CL20.39, CL20.40, CL20.41

The remaining items were resolved en bloc (Clr Wells/Clr Guile) at this time. They are marked with an asterisk(*) in these Minutes.

Mayoral Minute

Nil

Deputations and Presentations

Procedural Motion - Matters of Urgency

PROCEDURAL MOTION (RESOLVED) (Clr Gash / Clr Wells) MIN20.117

That an additional deputation be heard from Mr Greg Collins regarding Item CL20.25 - Notice of Motion - Shoalhaven Heads Golf Club – Proposal for Major Tournament.

CARRIED

Presentation

CL20.31 - Bushfire Recovery Update Report from Local Recovery Coordinator - Mr Vince Di Pietro

Mr Vince Di Pietro addressed the meeting in relation to the report and tabled the ADF Local Taskings – February 2020 document and attached to the Minutes.

Deputations

CL20.19 - Rescission Motion - SA20.20 Collingwood Beach - Action Plan Progress Report

Mr Bruce Mackenzie addressed the meeting and speak for the recommendation.

Mr Noel Rosskelly representing Collingwood Beach Preservation Group addressed the meeting and speak against the recommendation.

CL20.32 - Koori Rugby League South Coast Black Cockatoos Event Support

Ms Melissa Wellington addressed the meeting and speak for the recommendation.

CL20.40 - Addendum Report - Woollamia Boat Ramp Master plan

Mrs Helen Ball addressed the meeting and speak against the recommendation.

Mr Dave Fenech representing General Boat Launching Facility User Group addressed the meeting and speak for the recommendation.

CL20.41 - Addendum Report - Shoalhaven Heads – River Road Foreshore Precinct Rehabilitation Project - Drainage Options

Ms Robyn Flack representing Shoalhaven Heads Community Forum, addressed the meeting to speak for the recommendation.

CL20.25 - Notice of Motion - Shoalhaven Heads Golf Club – Proposal for Major Tournament

Mr Greg Collins addressed the meeting to speak for the recommendation.

Procedural Motion – Bring Items Forward

PROCEDURAL MOTION (RESOLVED) (Clr Wells / Clr Guile) MIN20.118

That the following items be brought forward for consideration:

· CL20.31 - Bushfire Recovery Update Report from Local Recovery Coordinator - Mr Vince Di Pietro

· CL20.19 - Rescission Motion - SA20.20 Collingwood Beach - Action Plan Progress Report

· CL20.20 - Notice of Motion - Collingwood Beach - Action Plan Progress Report

· CL20.32 - Koori Rugby League Knockout - South Coast Black Cockatoos - Event Support

· CL20.40 - Woollamia Boat Launching Ramp Updated Masterplan

· CL20.41 - Shoalhaven Heads - River Road Foreshore Precinct Rehabilitation Project - Drainage Options

· CL20.25 - Notice of Motion - Shoalhaven Heads Golf Club – Proposal for Major Tournament

CL20.31 Bushfire Recovery Update Report from Local Recovery Coordinator - Mr Vince Di Pietro

HPERM Ref: D20/56856

Recommendation

1. That Council note the Bushfire Recovery Activity and acknowledge the progress for the Shoalhaven LGA to date.

2. Council agree to receive a proposed schedule to expand Federal Disaster Recovery Funding Arrangements under Category C.

RESOLVED (Clr Gartner / Clr Wells) MIN20.119

That:

1. That Council note the Bushfire Recovery Activity and acknowledge the progress for the Shoalhaven LGA to date.

2. Council agree to receive a proposed schedule to expand Federal Disaster Recovery Funding Arrangements under Category C.

CL20.19 Rescission Motion - SA20.20 Collingwood Beach - Action Plan Progress Report

HPERM Ref: D20/47100

Recommendation

That Council rescind the Motion relating to Item SA20.20 Collingwood Beach – Action Plan Progress Report of the Strategy & Assets Committee meeting held on 11 February 2020.

MOTION (Clr Levett / Clr Digiglio) MIN20.120

That Council rescind the Motion relating to Item SA20.20 Collingwood Beach – Action Plan Progress Report of the Strategy & Assets Committee meeting held on 11 February 2020.

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

CL20.20 Notice of Motion - Collingwood Beach - Action Plan Progress Report

HPERM Ref: D20/47124

Recommendation

That Council

1. Receive the report on the progress of the Collingwood Beach Dune Vegetation Two-year trial Action Plan for information

2. Provide additional funds to implement the Collingwood Beach Dune Vegetation Two Year Action Plan and Shoalhaven Tree & Vegetation Vandalism Prevention Policy in 2019/2020.

This item was not dealt with as the preceding rescission motion was LOST see MIN20.120

CL20.32 Koori Rugby League Knockout - South Coast Black Cockatoos - Event Support

HPERM Ref: D19/440862

Recommendation

That Council:

1. Congratulate the Black Cockatoos on their success in winning the right to host the NSW Aboriginal Rugby League Knockout Carnival 50^th Anniversary and thank them for their commitment to running the 2020 event in Bomaderry.

2. Commit to allocating $400,000 in the 3^rd Quarter Review of the 2019/2020 Budget through an appropriate funding strategy to be determined, to ensure works are completed in time for the event.

3. Note that the costs associated with actually running the event will be met by those other than Council.

4. Immediately commence with necessary works to carry out all improvements at the Bomaderry Sporting Complex and Artie Smith Oval site in accordance with Plan Ref No.1007_40 (Rev1 Dated 11 Feb 2020), such that the event can be run by the Black Cockatoos over the long weekend in October 2020.

5. Commend the staff involved in the expeditious preparation of the site improvement plan developed in close consultation with the organisers of the NSW Aboriginal Rugby League Knockout Carnival 50^th Anniversary to enable this event to proceed in the Shoalhaven.

RESOLVED (Clr Wells / Clr Findley) MIN20.121

That Council:

1. Congratulate the Black Cockatoos on their success in winning the right to host the NSW Aboriginal Rugby League Knockout Carnival 50^th Anniversary and thank them for their commitment to running the 2020 event in Bomaderry.

2. Commit to allocating $400,000 in the 3^rd Quarter Review of the 2019/2020 Budget through an appropriate funding strategy to be determined, to ensure works are completed in time for the event.

3. Note that the costs associated with actually running the event will be met by those other than Council.

4. Immediately commence with necessary works to carry out all improvements at the Bomaderry Sporting Complex and Artie Smith Oval site in accordance with Plan Ref No.1007_40 (Rev1 Dated 11 Feb 2020), such that the event can be run by the Black Cockatoos over the long weekend in October 2020.

5. Commend the staff involved in the expeditious preparation of the site improvement plan developed in close consultation with the organisers of the NSW Aboriginal Rugby League Knockout Carnival 50^th Anniversary to enable this event to proceed in the Shoalhaven

CL20.40 Woollamia Boat Launching Ramp Updated Masterplan

HPERM Ref: D20/48459

Recommendation

That Council:

1. Adopt the updated Master Plan for Woollamia Boat Launching Ramp (PA1289-CP-1001 Rev K) and commence works that are currently funded and in accordance with this Master Plan.

2. Seek funding for works identified in the Master Plan for Woollamia Boat Launching Ramp (PA1289-CP-1001 Rev K) which are not currently funded.

3. Note that the operation of the Boat Maintenance Facility will need to be governed by Conditions of Operation and public consultation will be required before such conditions are imposed.

4. Install appropriate signs to prohibit the launching of paddle boards and similar non-motorised craft from the boat lunching ramps, and thus allow the facility to operate as designed.

RESOLVED (Clr White / Clr Pakes) MIN20.122

That Council:

1. Adopt the updated Master Plan for Woollamia Boat Launching Ramp (PA1289-CP-1001 Rev H) and commence works that are currently funded and in accordance with this Master Plan.

2. Seek funding for works identified in the Master Plan for Woollamia Boat Launching Ramp (PA1289-CP-1001 Rev H) which are not currently funded.

3. Note that the operation of the Boat Maintenance Facility will need to be governed by Conditions of Operation and public consultation will be required before such conditions are imposed.

4. Install appropriate signs to prohibit the launching of paddle boards and similar non-motorised craft from the boat lunching ramps, and thus allow the facility to operate as designed.

5. Council authorise the CEO (Director of Assets and Works) to make adjustments to the Masterplan for the detailed design and construction phase with consultation with all user groups and residents.

Clr Wells raised a Point of Order against the Mayor that she was misrepresenting him.

The Mayor ruled against the Point of Order.

MOTION WAS PUT AND CARRIED

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

CL20.41 Shoalhaven Heads - River Road Foreshore Precinct Rehabilitation Project - Drainage Options

HPERM Ref: D20/48465

Recommendation (Item to be determined under delegated authority)

That Council adopt Option E - Drainage of the area between Renown Avenue and Mathews Street (opposite the Heads Hotel) along River Rd discharging below the slope at a point 30m south of the stairs at Renown Ave (Plan 5490 Rev 03 – sheets 17 to 19) for the Shoalhaven Heads River Road Foreshore Rehabilitation project, and amend the Development Application and Tender Process accordingly.

RESOLVED (Clr Wells / Clr Proudfoot) MIN20.123

That Council adopt Option E - Drainage of the area between Renown Avenue and Mathews Street (opposite the Heads Hotel) along River Rd discharging below the slope at a point 30m south of the stairs at Renown Ave (Plan 5490 Rev 03 – sheets 17 to 19) for the Shoalhaven Heads River Road Foreshore Rehabilitation project, and amend the Development Application and Tender Process accordingly.

CL20.25 Notice of Motion - Shoalhaven Heads Golf Club – Proposal for Major Tournament

HPERM Ref: D20/50109

Recommendation

That Council: -

1. Compile a Letter of Support for any submission made by the Club to Golf New South Wales or Golf Australia to hold major tournaments at Shoalhaven Heads Golf Club in 2021.

2. Provide $10,000 in the year 2020/21 in support of their Applications to Golf New South Wales or Golf Australia, these funds will either be sponsorship for Council or the Holiday Haven budget.

RESOLVED (Clr Gash / Clr Proudfoot) MIN20.124

That Council:

1. Compile a Letter of Support for any submission made by the Club to Golf New South Wales or Golf Australia to hold major tournaments at Shoalhaven Heads Golf Club in 2021.

2. Provide $10,000 in the year 2020/21 in support of their Applications to Golf New South Wales or Golf Australia, these funds will either be sponsorship for Council or the Holiday Haven budget.

Procedural Motion - Adjournment of Meeting

RESOLVED (Clr Wells / Clr Gash) MIN20.125

That the meeting be adjourned to allow for refreshments.

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

The meeting adjourned the time being 7.35pm

The meeting reconvened the time being 8.06pm

The following members were present:

Clr Amanda Findley - Chairperson

Clr Joanna Gash – left at 8.57pm

Clr Patricia White

Clr Nina Digiglio

Clr Annette Alldrick

Clr John Levett

Clr Andrew Guile

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot

Note: During the adjournment Clr Wells tendered his apology for the re-commenced meeting.

Notices of Motion / Questions on Notice

CL20.19 Rescission Motion - SA20.20 Collingwood Beach - Action Plan Progress Report

HPERM Ref: D20/47100

Item dealt with earlier in the meeting see MIN20.120

CL20.20 Notice of Motion - Collingwood Beach - Action Plan Progress Report

HPERM Ref: D20/47124

This item was not dealt with as the preceding rescission motion was LOST see MIN20.120

CL20.21 Notice of Motion - NSW Independent Bushfire Inquiry

HPERM Ref: D20/40297

Recommendation

That Council:

1. Acknowledges the catastrophic effects the recent fires have had on our community.

2. Notes the NSW Government is establishing an inquiry that will accept submissions only.

3. Calls on the Government to conduct a public inquiry to ensure full transparent access for all fire affected council areas, including Shoalhaven.

Procedural Motion - Move into Committee of the Whole (Clr Pakes / Clr Guile)

That Council move into the Committee of the Whole, the time being 8.09pm.

CARRIED

Note: During the Committee of the Whole the following Motion was moved and seconded.

The Committee of the Whole was declared closed the time being 8.13pm.

AMENDMENT (RESOLVED) (Clr Alldrick / Clr Proudfoot) MIN20.126

That Council:

1. Acknowledges the catastrophic effects the recent fires have had on our community.

2. Notes the NSW Government is establishing an inquiry that will accept submissions only.

3. Congratulates the NSW Government for conducting a public inquiry to ensure full transparent access for all fire affected council areas, including Shoalhaven.

Procedural Motion - Bring Item Forward

RESOLVED (Clr Findley / Clr Pakes) MIN20.127

That the matter of item CL20.35 – December 2019 Quarterly Budget Review be brought forward for consideration.

CL20.35 December 2019 Quarterly Budget Review

HPERM Ref: D20/31494

Note: Clr Pakes left the meeting at 8.14pm

Recommendation

That Council:

1. Receive the December Quarterly Budget Review Report.

2. Adopt the adjustments, as outlined in the December Quarterly Budget Review document.

3. Adopt the projects being carried forward to 20/21 financial year to the 20/21 draft budget.

4. Note the advice from the CEO that the impact of Council’s response to and recovery from the Currowan fire on Council’s current and future budgets is yet to be determined and that detailed information on all budgetary impacts associated with the fire disaster and the recent floods will be reported to Council as it becomes available with necessary adjustments recommended to Council at the March 2020 and future quarterly budget reviews.

RESOLVED (Clr Proudfoot / Clr White) MIN20.128

That Council:

1. Receive the December Quarterly Budget Review Report.

2. Adopt the adjustments, as outlined in the December Quarterly Budget Review document.

3. Adopt the projects being carried forward to 20/21 financial year to the 20/21 draft budget.

4. Note the advice from the CEO that the impact of Council’s response to and recovery from the Currowan fire on Council’s current and future budgets is yet to be determined and that detailed information on all budgetary impacts associated with the fire disaster and the recent floods will be reported to Council as it becomes available with necessary adjustments recommended to Council at the March 2020 and future quarterly budget reviews.

CL20.22 Notice of Motion - Tree Removal - 45 degree rule

HPERM Ref: D20/44644

Note: Clr Pakes returned to the meeting at 8.17pm

Recommendation

That Council staff ensure that there is absolutely no ambiguity or conflict in their interpretation and regulation of the “45 degree rule“ associated with the lawful removal of trees. This includes the possible extraneous inclusion for consideration of potential impediments to the 45 degree rule, such as the possible damage to nearby vegetation by commissioned contractors.

RESOLVED (Clr Proudfoot / Clr Pakes) MIN20.129

That Council staff ensure that there is absolutely no ambiguity or conflict in their interpretation and regulation of the “45 degree rule” associated with the lawful removal of trees. This includes the possible extraneous inclusion for consideration of potential impediments to the 45 degree rule, such as the possible damage to nearby vegetation by commissioned contractors.

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

CL20.23 Notice of Motion - Development Application processing

HPERM Ref: D20/44663

Recommendation

That Council staff prepare a report on the legal ramifications (if any) of staff providing proactive advice to applicants regarding their development applications, in order to achieve more timely and efficient outcomes.

RESOLVED (Clr Proudfoot / Clr Pakes) MIN20.130

That Council staff prepare a report on the legal ramifications (if any) of staff providing proactive advice to applicants regarding their development applications, in order to achieve more timely and efficient outcomes.

CL20.24 Notice of Motion - Sanctuary Point - Vegetation Replacement Plan (Site in the vicinity of the telecommunications tower)

HPERM Ref: D20/44800

Recommendation

That as an act of good faith, council staff prepare a vegetation replacement plan to cover the site in the vicinity of the tele-communications tower adjacent to the 11^th green on the golf course at Sanctuary Point.

RESOLVED (Clr Proudfoot / Clr Pakes) MIN20.131

That as an act of good faith, Council staff prepare a vegetation replacement plan to cover the site in the vicinity of the tele-communications tower adjacent to the 11^th green on the golf course at Sanctuary Point.

CL20.25 Notice of Motion - Shoalhaven Heads Golf Club – Proposal for Major Tournament

HPERM Ref: D20/50109

Item dealt with earlier in the meeting see MIN20.124

CL20.26 Notice of Motion - BizRebuild - Rebuilding for a Stronger Australia

HPERM Ref: D20/50176

Recommendation

That Council:

1. Invite the BizRebuild Team to the Shoalhaven to discuss with Council Staff, Business Chambers and available Councillors on assistance that may be available to our small businesses.

2. Contact Lisa Paul AO PSM Coordinator and Rupert Hoskin AM Deputy Coordinator to discuss and notify them of matters affecting local small businesses.

3. Subscribe to the BizRebuild Newsletter (when available)

4. Attend future BizRebuild roundtable meetings by both the Mayor or nominee and the Economic Development Manager or nominee.

RESOLVED (Clr White / Clr Findley) MIN20.132

That Council:

1. Invite the BizRebuild Team to the Shoalhaven to discuss with Council Staff, Business Chambers and available Councillors on assistance that may be available to our small businesses.

2. Contact Lisa Paul AO PSM Coordinator and Rupert Hoskin AM Deputy Coordinator to discuss and notify them of matters affecting local small businesses.

3. Subscribe to the BizRebuild Newsletter (when available)

4. Attend future BizRebuild roundtable meetings by both the Mayor or nominee and the Economic Development Manager or nominee.

CL20.27 Notice of Motion - Call in – DS20/1046 5 Kendall Cres Burrill Lake (Lot 3 DP 15648) - DS19/1421 11 Talimba Rd Bangalee (Lot 115 DP 1205688)

HPERM Ref: D20/51625

Recommendation

That the application DS20/1046 – 5 Kendall Cres, Burrill Lake be called in for determination by Council, due to public interest in the application.

RESOLVED (Clr Watson / Clr Guile) MIN20.133

That:

1. The application DS20/1046 – 5 Kendall Cres, Burrill Lake be called in for determination by Council, due to public interest in the application.

2. The application DS19/1421 – 11 Talimba Rd Bangalee (Lot 115 DP 1205688) be;

a. Called in for determination by Council due to public interest

b. The subject of legal considerations by the CEO on the ability of the Council to approve the application.

CL20.28 Notice of Motion - Warden House Lighthouse Fencing

HPERM Ref: D20/56995

Recommendation

That

1. Council provide a report on the Status of the Ulladulla Lighthouse Fencing and

2. Advocacy from the State for the project to be funded as requested by the Lighthouse Committee and the community at large.

RESOLVED (Clr Digiglio / Clr Proudfoot) MIN20.134

That Council:

1. Provide a report on the Status of the Ulladulla Lighthouse Fencing and

2. Make representations to the Member for South Coast Shelly Hancock MP – Minister for Local Government, to make representations to the Minister for Mental Health, Regional Youth and Women, Bronwyn Taylor MP to partner with Council and fund the short fall of $45,000 to complete the strategic masterplan for the Warden Head Reserve – Ulladulla Lighthouse.

Minister Taylor’s portfolio for Mental Health, Regional Youth and Women is an important point of collaboration for council and considering the exacerbated mental health issues in the Shoalhaven post bushfire could warrant the collaboration with council on this important project.

Report of the Strategy & Assets Committee - 11 February 2020

SA20.21 Request - Refund of DA Fees - CareSouth - DA17/1849 & DS19/1469

HPERM Ref: D19/448072

Recommendation

That:

1. Council, in accordance with Council’s Policy POL19/12, reimburse the relevant development application and s68 drainage fees as identified in the report for:

a. DA17/1849 lodged by Cyclo Group amounting to $5,293.24

b. DS19/1469 lodged by Martin Morris & Jones Pty Ltd amounting to $1,545.40

2. Fund the reimbursement from the Unallocated Donations Budget with an appropriate adjustment made to the donations budget at a future quarterly budget review.

RESOLVED (Clr White / Clr Digiglio) MIN20.135

That:

1. Council, in accordance with Council’s Policy POL19/12, reimburse the relevant development application and s68 drainage fees as identified in the report for:

a. DA17/1849 lodged by Cyclo Group amounting to $5,293.24

b. DS19/1469 lodged by Martin Morris & Jones Pty Ltd amounting to $1,545.40

2. Fund the reimbursement from the Environment and Development Portfolio and amend POL19/12 - Waiving of Development Application Fees and Other Fees for Charitable Organisations and Community Groups so that the source of funding of Fee Waivers not be the Unallocated Donations Budget.

SA20.23 Bushfire Recovery - Water Accounts

HPERM Ref: D20/23978

Recommendation

That Council:

1. Waive all Water & Sewer Account charges for the quarter for all properties where the NSW Rural Fire Service (RFS) have identified as fire impacted properties. The applicable quarter is that in which the destruction/damage occurred.

2. Endorse changes to debt recovery processes on outstanding Water and Sundry Accounts for potentially affected properties as follows:

a. Suspend all debt recovery actions until the full building impact assessments have been completed.

b. Once impact assessments are complete;

i. those properties identified as fire impacted will continue to have debt recovery actions suspended until 30 June 2021.

ii. those properties confirmed as not being fire impacted will resume usual debt recovery processes.

3. Council continue to pursue government relief funds/grants to further assist water customers impacted by the fires.

4. That the policy be changed to provide the CEO (Director – Shoalhaven Water) general delegated authority to determine all requests for fire impacted properties on their merit.

5. That a further report come back to council in regard to Point 1 quantifying the impact upon council budget.

RESOLVED (Clr Gartner / Clr Pakes) MIN20.136

That Council:

1. Waive Water & Sewer Account charges for the quarter for all properties where the NSW Rural Fire Service (RFS) have identified as damaged or destroyed properties. The applicable quarter is that in which the destruction/damage occurred.

2. Endorse changes to debt recovery processes on outstanding Water and Sundry Accounts for potentially affected properties as follows:

a. Suspend all debt recovery actions until the full building impact assessments have been completed.

b. Once impact assessments are complete;

i. those properties identified as damaged or destroyed will continue to have debt recovery actions suspended until 30 June 2021.

ii. those properties confirmed as not being fire impacted will resume usual debt recovery processes.

3. Council continue to pursue government relief funds/grants to further assist water customers impacted by the fires.

4. That the policy be changed to provide the CEO (Director – Shoalhaven Water) general delegated authority to determine all requests for fire impacted properties on their merit. For clarity, where an application is made the CEO be authorised to waive the difference between the water used during the fire event to the meter reading for the same period in the previous year. The fire event being where the RFS Incident Controller advised residents they should consider leaving or it was too late to leave.

5. That a further report come back to Council in regard to Part 1 quantifying the impact upon council budget and the CEO keep Councillors advised in relation to applications assessed in respect of Part 4.

SA20.27 Additional Item - Bushfire Community Resilience and Economic Recovery Fund

Recommendation

That Council:

1. Notes the announcement by the Deputy Premier of NSW, the Hon John Barilaro MP and the Minister for Local Government, the Hon Shelley Hancock MP providing payment of up to $250,000 to Local Government Areas impacted by bushfires for small scale local activities that will kick-start the social and economic recovery of communities through the ‘Bushfire Community Resilience and Economic Recovery Fund’;

2. Notes Shoalhaven City Council qualified for a $250,000 payment under the ‘Bushfire Community Resilience and Economic Recovery Fund’;

3. Immediately provides for the following distribution of funds from the ‘Bushfire Community Resilience and Economic Recovery Fund’

a. $50,000 to the Nowra Show Society for the staging of the 2020 Nowra Show (February 2020);

b. $25,000 to the Kangaroo Valley Show Society for the staging of the 2020 Kangaroo Valley Show (February 2020);

c. $25,000 to the Milton Show Society for the staging of the 2020 Milton Show;

d. $50,000 to the Rotary Club of Milton-Ulladulla for the staging of the 2020 Ulladulla Blessing of the Fleet (April 2020);

e. $25,000 to the Friends of Milton Library for the staging of the 2020 StoryFest (June 2020);

4. Notes the guidelines for the ‘Bushfire Community Resilience and Economic Recovery Fund’ prevents Council utilising funds to engage additional council personnel;

5. Establish a $75,000 ‘Shoalhaven Resilience and Economic Recovery Fund’;

6. Seeks submissions for funds of up to $25,000 from Shoalhaven community organisations to stage events in 2020; and

7. Council staff to submit a report recommending the allocation of the ‘Shoalhaven Resilience and Economic Recovery Fund’ to the March Ordinary Council Meeting following submissions from local community organisations.

RESOLVED (Clr Gartner / Clr White) MIN20.137

That Council:

1. Notes the announcement by the Deputy Premier of NSW, the Hon John Barilaro MP and the Minister for Local Government, the Hon Shelley Hancock MP providing payment of up to $250,000 to Local Government Areas impacted by bushfires for small scale local activities that will kick-start the social and economic recovery of communities through the ‘Bushfire Community Resilience and Economic Recovery Fund’;

2. Notes Shoalhaven City Council qualified for a $250,000 payment under the ‘Bushfire Community Resilience and Economic Recovery Fund’;

3. Immediately provides for the following distribution of funds from the ‘Bushfire Community Resilience and Economic Recovery Fund’

a. $50,000 to the Nowra Show Society for the staging of the 2020 Nowra Show (February 2020);

b. $25,000 to the Kangaroo Valley Show Society for the staging of the 2020 Kangaroo Valley Show (February 2020);

c. $25,000 to the Milton Show Society for the staging of the 2020 Milton Show;

d. $50,000 to the Rotary Club of Milton-Ulladulla for the staging of the 2020 Ulladulla Blessing of the Fleet (April 2020);

e. $25,000 to StoryFest Inc for staging of the 2020 StoryFest (June 2020);

f. $25,000 to the Jervis Bay and Basin Arts for staging of 10 day SeeChange Festival (30 May-June 8) 2020

4. Notes the guidelines for the ‘Bushfire Community Resilience and Economic Recovery Fund’ prevents Council utilising funds to engage additional council personnel;

5. Establish a $50,000 ‘Shoalhaven Resilience and Economic Recovery Fund’;

6. Seeks submissions for funds of up to $25,000 from Shoalhaven community organisations to stage events in 2020; and

7. Council staff to submit a report recommending the allocation of the ‘Shoalhaven Resilience and Economic Recovery Fund’ to the March Ordinary Council Meeting following submissions from local community organisations.

Report of the Shoalhaven Traffic Committee - 11 February 2020

Items marked with an * were resolved ‘en block’.

TC20.2 No Stopping Extension - Isa Road - Basil Street Worrigee (PN 3577)

HPERM Ref: D20/31275

RESOLVED* (Clr Wells / Clr Guile) MIN20.138

That the Chief Executive Officer (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the works carried out on the 12th December 2019 for the installation of C3 line marking and associated No Stopping signage on the northern and southern sides of the intersection of Isa Road and Basil Street, Worrigee, as per Plan No: (D20/32846).

TC20.3 Bus Zone Bay - 26 Corks Lane - Milton (PN 3578)

HPERM Ref: D20/31288

RESOLVED* (Clr Wells / Clr Guile) MIN20.139

That the Chief Executive Officer (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the signage plan for this development at 26 Corks Lane, Milton (as per condition 13 of CC19/1730 (SF10699)) as detailed per Plan No: (D20/32710).

TC20.4 Bus Zone Signage - Central Avenue - Nowra (PN 3579)

HPERM Ref: D20/31307

RESOLVED* (Clr Wells / Clr Guile) MIN20.140

That the Chief Executive Officer (Director Assets and Works) be requested to arrange for the installation of all-day bus zone signage on the northern and southern sides of Central Avenue, South Nowra as per Plan No (D20/32722).

TC20.5 No Stopping Zone - Beach Street - Huskisson (PN 3580)

HPERM Ref: D20/31320

Note: Clr Gash left at 8.57pm

Recommendation

That the Chief Executive Officer (Director Assets and Works) be requested to arrange for the installation of 20m of C3 'No Stopping' yellow line marking along the kerb and gutter adjacent to 7 Beach Street, Huskisson to prevent congestion point as detailed per Plan No: (D20/32610).

RESOLVED (Clr Proudfoot / Clr Pakes) MIN20.141

That the Chief Executive Officer (Director Assets and Works) be requested to arrange for the installation of 20m of C3 'No Stopping' yellow line marking along the kerb and gutter adjacent to 7 Beach Street, Huskisson to prevent congestion point as detailed per Plan No: (D20/32610).

TC20.6 Signage and Linemarking Upgrades - Golden Wattle Drive - Tulip Oak Drive - Ulladulla (PN 3581)

HPERM Ref: D20/32266

RESOLVED* (Clr Wells / Clr Guile) MIN20.142

That the Chief Executive Officer (Director Assets and Works) be requested to arrange for the installation of 80m of BB centreline marking and associated curve advisory warning signs along Tulip Oak Drive, Ulladulla per Plan No: (D20/32791).

TC20.7 No Stopping Linemarking - Bannister Head Road - Tallwood Avenue - Mollymook (PN 3582)

HPERM Ref: D20/32286

RESOLVED* (Clr Wells / Clr Guile) MIN20.143

That the Chief Executive Officer (Director Assets and Works) be requested to arrange for the installation of 30m of C3 'No Stopping' yellow linemarking in the northern and southern directions of the intersection of Tallwood Avenue and Bannister Head Road, Mollymook as per Plan No: (D20/32663).

TC20.8 Signage and Linemarking - Proposed Roundabout - Illaroo Road - West Cambewarra Road - Nowra (PN 3583)

HPERM Ref: D20/32316

RESOLVED* (Clr Wells / Clr Guile) MIN20.144

That the Chief Executive Officer (Director Assets & Works) be advised that the Shoalhaven Traffic Committee has no objection to the regulatory signage and linemarking associated with the proposed roundabout at the intersection of Illaroo Rd/West Cambewarra Road The future Far North Collector Road, North Nowra as per Plan No: (D20/32878).

TC20.9 Proposed Pedestrian Crossing - Owen Street & Currambene Street - Huskisson (PN 3584)

HPERM Ref: D20/32578

RESOLVED* (Clr Wells / Clr Guile) MIN20.145

That the Chief Executive Officer (Director of Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed pedestrian crossing upgrades to Owen Street and Currambene Street, Huskisson as detailed per Plan No: (D20/33103).

Following the allocation of any funding, a detailed signage and linemarking plan will be submitted to the Shoalhaven Traffic Committee for formal adoption.

TC20.10 No Right Hand Turn Signage - 1240 Illaroo Road - Tapitallee (PN 3585)

HPERM Ref: D20/34101

RESOLVED* (Clr Wells / Clr Guile) MIN20.146

That the Chief Executive Officer (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the installation of signage associated with the development at 1240 Illaroo Road, Tapitallee (as per conditions 25 and 26 of DA89/2222) and as detailed per Plan No: (D20/34126).

Reports

CL20.31 Bushfire Recovery Update Report from Local Recovery Coordinator - Mr Vince Di Pietro

HPERM Ref: D20/56856

Item dealt with earlier in the meeting see MIN20.119

CL20.32 Koori Rugby League Knockout - South Coast Black Cockatoos - Event Support

HPERM Ref: D19/440862

Item dealt with earlier in the meeting see MIN20.121

CL20.33 Delivery Program and Operational Plan Progress Report - 1 July to 31 December 2019

HPERM Ref: D20/6091

Recommendation

That the six monthly performance report on the 2017-2021 Delivery Program and 2019-2021 Operational Plan be received for information, endorsed and published on Council’s website.

RESOLVED (Clr Gartner / Clr Digiglio) MIN20.147

That the six monthly performance report on the 2017-2021 Delivery Program and 2019-2021 Operational Plan be received for information, endorsed and published on Council’s website.

CL20.34 Tenders - Supply of Purpose Built Hydraulic Boat Lift Vessel Trailer

HPERM Ref: D20/58174

RESOLVED* (Clr Wells / Clr Guile) MIN20.148

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

CL20.35 December 2019 Quarterly Budget Review

HPERM Ref: D20/31494

Item dealt with earlier in the meeting see MIN20.128

CL20.36 Rates Relief for Bushfire Affected Communities

HPERM Ref: D20/42006

Recommendation

That Council notes that the NSW Government will cover the full cost of council rates for the third and fourth quarters of this financial year for residents and farmers who have lost their homes, and business owners whose properties have been destroyed beyond repair by bushfires.

RESOLVED (Clr Pakes / Clr Gartner) MIN20.149

That Council notes that the NSW Government will cover the full cost of council rates for the third and fourth quarters of this financial year for residents and farmers who have lost their homes, and business owners whose properties have been destroyed beyond repair by bushfires.

CL20.37 Investment Report - January 2020

HPERM Ref: D20/49252

RESOLVED* (Clr Wells / Clr Guile) MIN20.150

That

1. The report of the Chief Executive Officer (Finance, Corporate & Community Services Group) on the Record of Investments for the period to 31 January 2020 be received for information.

2. Council note Council’s investment portfolio returned a satisfactory 2.06% for the month of January 2020, exceeding the benchmark AusBond Bank Bill Index (0.96% pa) by 110 basis points (1.10%)

CL20.38 Conference - Local Government NSW - Tourism Conference - 16-18 March 2020

HPERM Ref: D20/43982

RESOLVED* (Clr Wells / Clr Guile) MIN20.151

That Council

1. Notes the details of the LGNSW Tourism Conference scheduled for 16-18 March 2020 in Jindabyne, 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.

CL20.39 Development Application – 123 Forster Drive Bawley Point – Lot 3 DP527264

HPERM Ref: D20/39291

Recommendation

That the Development Application for construction and use of guesthouse accommodation (40 Rooms) at 123 Forster Drive, Bawley Point - Lot 3 DP 527264 be approved subject to the recommended conditions of consent contained in Attachment 1 of this report.

RESOLVED (Clr Watson / Clr Proudfoot) MIN20.152

That the Development Application for construction and use of guesthouse accommodation (40 Rooms) at 123 Forster Drive, Bawley Point - Lot 3 DP 527264 be approved subject to the recommended conditions of consent contained in Attachment 1 of this report, with the deletion of Clauses 35 and 36(b).

For: 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

Addendum Reports

CL20.40 Woollamia Boat Launching Ramp Updated Masterplan

HPERM Ref: D20/48459

Item dealt with earlier in the meeting see MIN20.122

CL20.41 Shoalhaven Heads - River Road Foreshore Precinct Rehabilitation Project - Drainage Options

HPERM Ref: D20/48465

Item dealt with earlier in the meeting see MIN20.123

Confidential Reports

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.

RESOLVED (Clr Pakes / Clr Watson) MIN20.153

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.

CCL20.2 Tenders - Supply of Purpose Built Hydraulic Boat Lift Vessel Trailer

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

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

The meeting moved into confidential the time being 10.02pm.

The meeting moved into open session, the time being 10.02pm.

Report from confidential session

The following resolutions of the meeting, whilst closed to the public, were made public.

CCL20.2 Tenders - Supply of Purpose Built Hydraulic Boat Lift Vessel Trailer

HPERM Ref: D20/35113

RESOLVED MIN20.154C

That:

1. Council endorse the recommendation of the Tender Evaluation Team and pursuant to Clause 178(1) of the Local Government (General Regulation 1995, decline to accept any of the tenders for the Supply of the Purpose Built Hydraulic Lift Vessel Trailer and:

a. Fresh tenders as referred to in clause 178(3)(b)-(d) of the Regulation not be invited because such a process would be unlikely to identify additional suppliers from those who tendered, would cause further delay and not achieve a satisfactory outcome.

b. Pursuant to clause 178(3)(e) of the Regulation, the CEO be delegated authority to enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract for the supply of the Purpose Built Hydraulic Lift Vessel Trailer that meets the specifications and requirements of Council.

c. That the CEO be delegated authority to execute all documents on Council’s behalf in relation to any contract formed as a result of the above.

There being no further business, the meeting concluded, the time being 10.05pm.

Clr Findley

CHAIRPERSON