Minutes of Strategy and Assets Committee

Minutes of the Strategy and Assets Committee

Meeting Date: Tuesday, 9 June 2020

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

Time: 5.00pm

The following members were present:

Clr John Wells - Chairperson

Clr Joanna Gash

Clr Amanda Findley – (Remotely)

Clr Patricia White

Clr Kaye Gartner – (Remotely)

Clr Nina Digiglio – (Remotely)

Clr Annette Alldrick – (Remotely) – left 7.33pm

Clr John Levett

Clr Andrew Guile – (Remotely)

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener – (Remotely)

Clr Bob Proudfoot

Mr Stephen Dunshea - Chief Executive Officer

Apologies / Leave of Absence

Nil

Confirmation of the Minutes

Recommendation

That the Minutes of the Strategy and Assets Committee held on Tuesday 12 May 2020 be confirmed.

RESOLVED (Clr Findley / Clr White) MIN20.395

That the Minutes of the Strategy and Assets Committee held on Tuesday 12 May 2020 be confirmed, with the following amendment:

Item SA20.68 - unmade road adjoining Lot 24 Sec 1 DP 9182 - 11 Grandview St, Erowal Bay: Clr White voted for the Foreshadowed Motion.

CARRIED

Declarations of Interest

Clr Wells - SA20.94 Nowra Golf Course - Proposed Leases to Bomaderry Bowling Club Ltd – Less than Significant Non-pecuniary Interest Declaration – he is a social member of the Bomaderry Bowling Club – Will remain in the room and take part in discussion and vote.

Clr Gash - SA20.94 Nowra Golf Course - Proposed Leases to Bomaderry Bowling Club Ltd – Less than Significant Non-pecuniary Interest Declaration – she is a social member of the Bomaderry Bowling Club – Will remain in the room and take part in discussion and vote.

Call Over of the Business Paper

The following items including all Notices of Motion were called up for debate:

SA20.75, SA20.76, SA20.77, SA20.78, SA20.79, SA20.80, SA20.81, SA20.82, SA20.83, SA20.86, SA20.94, SA20.95, SA20.97, SA20.100, SA20.101, SA20.102, CSA20.7, CSA20.8

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

Mayoral Minutes

Nil

Deputations and Presentations

The following Deputations were made available on Council’s website:

SA20.75 - Notice of Motion - DA19/2160 - 1 Princess Av South Burrill Lake - Lot 47 DP 1051945 - Edgewater Motel Development

Jan Gregory

SA20.80 - Interim Report Dog Off-Leash Policy Review

Dr Cecelia Cmielewski and Dr Nigel Helyer

Jim and Mary Tzavaras

Shane Jasiak

Jan Gregory

Peter Murray

Boyd Walters

Stephen Campbell

Gemma Cordeiro

Paws4Thought Shoalhaven

Beth Schiller

Jennifer Campbell

Liz Reid

Kate Thomson

Paul Mitchell

Kate Knight

SA20.82 - Destination Parks

Vincentia Ratepayers & Residents Association

SA20.97 - Shoalhaven Coastal Management Program - Stage 1 - Citywide Scoping Study Report - Community Feedback - Adoption

George Kruk, Collingwood Beach Preservation Group

SA20.100 - Next Steps - Proposed Affordable Housing Development - Council Land, Coomea Street, Bomaderry

Southern Cross Community Housing

SA20.102 - Notice of Motion - Far North Collector Road - Upgrade of Taylors Lane

Brad Stanton

Russell Field

Tony and Gayle Enright

Presentation of Petitions

Clr White presented a petition containing 1,101 signatures which states: Dog Off-leash Access Area at Dolphin Point and Eastern Section of Lions Park – The Undersigned residents and ratepayers request Shoalhaven City Council give urgent attention to creating an “Off-Leash Area” on the beach at designated times from Dolphin Point reserve (at the inlet) past Dolphin Point Tourist Park and alongside Lions Park including the eastern section of the Park. Off leash times during winter months hours 3.00pm to 10.00am and Summer Months hours 4.00pm to 10.00am.

The reasoning behind this petition is:

1. To provide a flat and accessible walking area for all local residents. This includes those who may not be able to drive the 10 kms to Collers or Narrawallee Beach, and those from other local areas who may have mobility issues and therefore have difficulty in accessing Collers beach and the Harbour beach.

2. To foster the responsible sharing of the area between all users; to provide an enjoyable environment for exercise and recreation for non-dog owners and dog owners alike; and, to better cater for the growing number of tourists that travel to the area with their dogs.

Notices of Motion / Questions on Notice

SA20.75 Notice of Motion - DA19/2160 - 1 Princess Av South Burrill Lake - Lot 47 DP 1051945 - Edgewater Motel development

HPERM Ref: D20/207587

Recommendation (Item to be determined under delegated authority)

That Council call in DA19/2160 Princess Ave Burrill Lake – Edgewater Motel development – for determination by Council. The application is not to be determined under delegated authority due to the high level of community interest and concern.

MOTION (Clr Proudfoot / Clr Levett) MIN20.396

That Council

1. Call in DA19/2160 Princess Ave Burrill Lake – Edgewater Motel development – for determination by Council. The application is not to be determined under delegated authority due to the high level of community interest and concern.

2. Hold an onsite meeting with Council staff and Councillors prior to the meeting at which the Development Application will be considered.

For: Clr Findley, Clr Gartner, Clr Digiglio, Clr Levett, Clr Alldrick and Clr Proudfoot

Against: Clr Wells, Clr Gash, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Stephen Dunshea

LOST

Clr Findley raised a Point of Order against Clr Guile for making personal reflections bringing Council into disrepute. The Chairperson ruled this was not a Point of Order. Clr Guile withdrew his comments.

SA20.76 Notice of Motion - Berry Spinners and Weavers

HPERM Ref: D20/195634

Recommendation (Item to be determined under delegated authority)

That

1. Council make every endeavour to locate, build or refurnish a building to house the Berry Spinners and Weavers in Berry.

2. Council form a working party of three members from Berry Spinner and Weavers and three available Councillors to develop a solution for a permanent home for Berry Spinner and Weavers which has the following Councillor members.

a. Clr (insert name)

b. Clr (insert name)

c. Clr (insert name)

3. Once a preferred option has been identified and the project is shovel ready Council consider funding in a future budget and also make applications for grant funding to assist with refurbishment and/or construction works.

4. The use of loan funding be considered.

RESOLVED (Clr White / Clr Pakes) MIN20.397

That

1. Council make every endeavour to locate, build or refurnish a building to house the Berry Spinners and Weavers in Berry.

2. Council form a working party of Council staff, three members from Berry Spinner and Weavers and three available Councillors to develop a solution for a permanent home for Berry Spinner and Weavers which has the following Councillor members.

a. Clr Watson

b. Clr Wells

c. Clr Digiglio

4. The use of loan funding be considered.

CARRIED

SA20.77 Notice of Motion - Clifton Street Dog Park - Sanctuary Point

HPERM Ref: D20/208501

Recommendation (Item to be determined under delegated authority)

That Council provide details as to the existing facilities for the Clifton Street dog park in Sanctuary Point and to provide details of future facilities to be provided in that location.

RESOLVED (Clr Gash / Clr Proudfoot) MIN20.398

That Council

1. Provide details as to the existing facilities for the Clifton Street dog park in Sanctuary Point and provide details of future facilities to be provided in that location.

2. Staff implement improvements identified as operational matters in the interim.

CARRIED

Introduction of Items as Matters of Urgency

MOTION (Clr Pakes / Clr Gash)

That the following addendum report be introduced as matters of urgency:

1. SA20.102 Notice of Motion - Far North Collector Road - Upgrade of Taylors Lane, Cambewarra

The Chairperson ruled the matter as one of urgency as it relates to urgent business of Council and allowed their introduction on the basis it had been omitted from the Agenda in error.

Procedural Motion - Bring Item Forward

RESOLVED (Clr Pakes / Clr Gash) MIN20.399

That the matter of item SA20.102 - Notice of Motion - Far North Collector Road - Upgrade of Taylors Lane, Cambewarra be brought forward for consideration.

CARRIED

SA20.102 Notice of Motion - Far North Collector Road - Upgrade of Taylors Lane, Cambewarra

HPERM Ref: D20/214050

Recommendation (Item to be determined under delegated authority)

That Council adopt an alternate option to upgrade the part of Taylors Lane shown on drawing 5505.02 (amended) in accordance with Option 1a which is to provide a 19.9 metre infrastructure corridor to coincide with the approximate existing southern edge of seal of Taylors Lane with the following characteristics:

1. Widen the road reserve to the north of the southern edge of seal;

2. Retain the existing southern stand of trees and remove as many trees as required on the northern side to enable the construction of a trafficable two lane road;

3. Plant suitable native street trees along the northern side of the upgraded Taylors Lane to complement driveways, services and drainage;

4. Undertake a thorough assessment of all remaining trees by a qualified arborist and undertake works as necessary to minimise public risk;

5. Undertake to develop a biodiversity area equivalent to 150 percent of the area of trees which would have been removed under Option 4 of Taylors Lane in the area of Bomaderry Creek, be revegetated: and

6. Proceed to Submit Option 1a to a community consultation process.

RESOLVED (Clr Wells / Clr Pakes) MIN20.400

1. Widen the road reserve to the north of the southern edge of seal;

2. Retain the existing southern stand of trees and remove as many trees as required on the northern side to enable the construction of a trafficable two lane road;

3. Plant suitable native street trees along the northern side of the upgraded Taylors Lane to complement driveways, services and drainage;

4. Undertake a thorough assessment of all remaining trees by a qualified arborist and undertake works as necessary to minimise public risk;

6. Proceed to Submit Option 1a to a community consultation process.

For: Clr Wells, Clr Gash, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against: Clr Findley, Clr Gartner, Clr Alldrick, Clr Digiglio and Clr Levett

CARRIED

Note: The above Resolution supersedes Council’s previous Resolution MIN20.337 of the Strategy and Assets Committee on 12 May 2020 on this matter.

Note: A rescission motion was received on this item.

Reports

SA20.78 Infrastructure Australia - feedback on Council's nomination for 2020 Infrastructure Priority List

HPERM Ref: D20/202205

Recommendation (Item to be determined under delegated authority)

That Council:

1. Note the feedback from Infrastructure Australia on its 3 projects nominated for inclusion in the 2020 Infrastructure Priority List

2. Continue to work with Infrastructure Australia and other agencies to secure infrastructure enhancements for the projects nominated, being:

a. Rail connectivity – upgrades to line from Moss Vale to Unanderra/Port Kembla to Bomaderry

b. East West road freight corridor from Nowra – Beyond Nerriga upgrade to Tarago and Goulburn

c. Nowra Bomaderry Transport Strategy – to address congestion in and around the Shoalhaven River crossing

RESOLVED (Clr White / Clr Proudfoot) MIN20.401

That Council:

1. Note the feedback from Infrastructure Australia on its 3 projects nominated for inclusion in the 2020 Infrastructure Priority List

2. Continue to work with Infrastructure Australia and other agencies to secure infrastructure enhancements for the projects nominated, being:

a. Rail connectivity – upgrades to line from Moss Vale to Unanderra/Port Kembla to Bomaderry

b. East West road freight corridor from Nowra – Beyond Nerriga upgrade to Tarago and Goulburn

c. Nowra Bomaderry Transport Strategy – to address congestion in and around the Shoalhaven River crossing.

CARRIED

SA20.79 Draft Amendment - Park Management Policy and New Policy - Draft Plaques and Memorials Policy

HPERM Ref: D20/60628

Recommendation (Item to be determined under delegated authority)

That Council:

1. Support the new draft Plaques and Memorials Policy.

2. Amend the Park Management Policy (POL17/7) to remove reference to processes and standards relating to plaques, memorials or similar items.

3. Place the Amended Park Management Policy, and the Draft Plaques and Memorials Policy on public exhibition for a minimum period of 28 days, and:

a. If no significant adverse comments are received at the close of the public exhibition period, both the Park Management Policy and Plaques and Memorials Policy be deemed adopted; or

b. If significant adverse comments are received, a report be prepared and submitted to Council on the outcomes of the exhibition period prior to adoption.

RESOLVED (Clr White / Clr Findley) MIN20.402

That Council:

1. Endorse the new draft Plaques and Memorials Policy.

2. Amend the Park Management Policy (POL17/7) to remove reference to processes and standards relating to plaques, memorials or similar items.

3. Place the Amended Park Management Policy, and the Draft Plaques and Memorials Policy on public exhibition for a minimum period of 28 days, and:

a. If no significant adverse comments are received at the close of the public exhibition period, both the Park Management Policy and Plaques and Memorials Policy be deemed adopted; or

b. If significant adverse comments are received, a report be prepared and submitted to Council on the outcomes of the exhibition period prior to adoption.

For: Clr Wells, Clr Findley, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against: Clr Gash, Clr Guile and Clr Pakes

CARRIED

SA20.80 Interim Report Dog Off-Leash Policy Review

HPERM Ref: D20/19498

Recommendation (Item to be determined under delegated authority)

That Council:

1. Accept the interim report for information and receive a further in relation to dog off-leash areas once all current dog off-leash trials have been completed.

2. Allocate a budget of $35,500 from savings within the Community Projects 2019/20 Budget for the installation of signage and fencing at West Street, Greenwell Point to formalise the dog off-leash area.

3. Support the provision of in-kind contributions from Council to formalise the dog off leash area at Thurgate Oval should Bomaderry Community Inc. be successful in the Veolia Mulwarree Trust grant.

4. Investigate further upgrade of existing stairs at Victor Avenue, Narrawallee and provide costings in the final report.

RESOLVED (Clr White / Clr Proudfoot) MIN20.403

That Council:

1. Accept the interim report for information and receive a further in relation to dog off-leash areas once all current dog off-leash trials have been completed.

3. Support the provision of in-kind contributions from Council to the value of $29,850 to formalise the dog off leash area at Thurgate Oval in the form of letters of support, site survey, waiver of development fees, rubbish bins, landscaping materials and water supply reticulation to Bomaderry Community Inc in their endeavours to obtain grant and other funding for this project.

4. Investigate further upgrade of existing stairs at Victor Avenue, Narrawallee and provide costings in the final report.

5. Ensure that Council Rangers continue to patrol the Paradise Beach Sanctuary Point and South Narrawallee Beach areas on a regular basis to reinforce that dogs must be on a leash.

CARRIED

SA20.81 Francis Ryan Reserve - Potential Upgrade of Amenity Block

HPERM Ref: D20/146706

Recommendation (Item to be determined under delegated authority)

That Council:

1. Proceed to design for new amenities at Francis Ryan Reserve, Sanctuary Point utilising funds for the project from the 2020/21 Financial Year Budget.

2. Undertake consultation with the community and sporting organisations to ensure the design of the new amenities building meets current and future needs.

3. Incorporate funding for the construction of the new amenities building from loan funding in the 2021/22 Financial Year budget process.

4. Work with relevant agencies, community and sporting organisations to actively advocate for the project and pursue grant funding opportunities

5. Provide a further report back to Council once the design for the new amenities is completed, along with estimate of probable cost.

RESOLVED (Clr Proudfoot / Clr Pakes) MIN20.404

That Council:

1. Proceed to design for new amenities (knock down / rebuild) at Francis Ryan Reserve, Sanctuary Point utilising funds for the project from the 2020/21 Financial Year Budget.

2. Undertake consultation with the community and sporting organisations to ensure the design of the new amenities building meets current and future needs.

3. Incorporate funding for the construction of the new amenities building from loan funding in the 2021/22 Financial Year budget process.

4. Work with relevant agencies, community and sporting organisations to actively advocate for the project and pursue grant funding opportunities

5. Provide a further report back to Council once the design for the new amenities is completed, along with estimate of probable cost.

CARRIED

SA20.82 Destination Parks

HPERM Ref: D20/60365

Recommendation (Item to be determined under delegated authority)

That Council:

1. Adopt the definition of Destination Parks for incorporation into the Community Infrastructure Strategic Plan review.

2. Adopt the three District parks and one Regional park as Destination Parks, including:

a. Boongaree – Berry (District Park)

b. Marriott Park – Nowra (District Park)

c. Huskisson Precinct

a. Voyager Memorial Park (District Park)

b. White Sands Park (Regional Park)

c. Moona Moona Creek (District Park)

d. Mitchell Parade – Mollymook (District Park)

RESOLVED (Clr White / Clr Pakes) MIN20.405

That Council:

1. Adopt the definition of Destination Parks for incorporation into the Community Infrastructure Strategic Plan review.

2. Adopt the three District parks and one Regional park as Destination Parks, including:

a. Boongaree – Berry (District Park)

b. Marriott Park – Nowra (District Park)

c. Huskisson Precinct

a. Voyager Memorial Park (District Park)

b. White Sands Park (Regional Park)

c. Moona Moona Creek (District Park)

d. Mitchell Parade – Mollymook (District Park)

For: Clr Wells, Clr Gash, Clr Findley, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against: Clr Levett

CARRIED

SA20.83 Mayoral Minute - Acknowledgements for the Kingiman and Bomaderry Fires - Allan Tully Appeal - Funds voted - Commemorative Plaque (Allan Tull / David Black) - Community picnic day - Fees waived - Update

HPERM Ref: D19/358567

Recommendation (Item to be determined under delegated authority)

That Council:

1. Accept this report for information as an update on MIN18.667

2. Agree in principle:

a. To the installation of a Memorial Obelisk, as opposed to a plaque, to commemorate the lives of Fixed Wing Pilot David Black and Helicopter Pilot Allan Tull.

b. That the Obelisk should also be a memorial for those lives lost by SES, RFS, Police, Marine Rescue, Emergency Medical Services, Surf Lifeguards and other Emergency Services personnel, paid or unpaid, whilst performing their duties in protecting the community and environment.

c. That the Memorial Obelisk be installed at the Ulladulla Civic Centre and staff continue to work with the local community to bring this project to fruition.

3. Accept the $10,000 in grant funding from the Stronger Communities Programme (Round 5) for the construction of this obelisk.

4. Agree to fund an amount up to $7,000 from existing Community & Recreation budget allocations to complete the installation of the Memorial Obelisk at the Ulladulla Civic Centre grounds – noting that funds are continuing to be sourced through a community driven ‘Go Fund Me’ initiative and private donations.

RESOLVED (Clr Pakes / Clr Findley) MIN20.406

That Council:

1. Accept this report for information as an update on MIN18.667

2. Agree in principle:

a. To the installation of a Memorial Obelisk, as opposed to a plaque, to commemorate the lives of Fixed Wing Pilot David Black and Helicopter Pilot Allan Tull.

c. That the Memorial Obelisk be installed at the Ulladulla Civic Centre and staff continue to work with the local community to bring this project to fruition.

3. Accept the $10,000 in grant funding from the Stronger Communities Programme (Round 5) for the construction of this obelisk.

5. Staff consult with the Integrated Emergency Management Centre agencies then report back to Council on a separate Memorial to be constructed at the Integrated Emergency Management Centre, in respect for lives lost by SES, RFS, Police, Marine Rescue, Emergency Medical Services, Surf Lifeguards and other Emergency Services personnel, paid or unpaid, whilst performing their duties in protecting the community and environment.

CARRIED

The following items marked with an * were resolved ‘en bloc’.

SA20.84 Shoalhaven Swim, Sport & Fitness - Progressive Reintroduction of Services as COVID-19 Restrictions Ease

HPERM Ref: D20/193640

RESOLVED* (Clr White / Clr Guile) MIN20.407

That:

1. Council reintroduce public access to gyms and café facilities on 13 June 2020 when restrictions ease.

2. Council reintroduce modified programs to be delivered at Council’s Swim Sport and Fitness facilities at:

· Bomaderry Aquatic Centre

· Bay & Basin Leisure Centre

· Sussex Inlet Aquatic Centre

· Ulladulla Leisure Centre

· Nowra Aquatic Park

· Shoalhaven Indoor Sports Centre

3. Council reintroduce further programming as restrictions ease in line with social distancing guidelines.

CARRIED

SA20.85 2019/2020 Council Borrowings - Loan Agreement - Holiday Haven

HPERM Ref: D20/203949

RECOMMENDATION* (Clr White / Clr Guile)

That Council:

1. Enter into a loan agreement with National Australia Bank Limited for the amount of $1,528,500 with a term of 10 years @ 2.177% to cover Holiday Haven’s borrowing requirements that were included in 2019/20 Operational Plan.

2. Execute the following documents under the Seal of Council:

a. Letter of offer.

b. Authorised representative certificate.

c. Compliance certificate.

CARRIED

SA20.86 March 2020 Quarterly Budget Review

HPERM Ref: D20/204355

Recommendation

That Council:

1. Receive the March Quarterly Budget Review Report.

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

3. Approve the projects being carried forward to 2020/2021 financial year.

4. Note that the net impact of Council’s response to and recovery from the Currowan bushfire, the flood event and COVID-19 is currently at $3.9M, out of which $3.2M is included in proposed budget adjustments to the general fund.

5. It is recommended for the Council to assess any savings achieved in completed projects at year end and to use these funds to replenish working capital to offset the unfavourable impact of $3.2M budget adjustment reporting at this Review with this assessment to be undertaken as a part of June Quarterly Budget Review.

6. Future quarterly budget reviews will provide updated information as it becomes available, along with the necessary adjustments for the full financial impact of these disasters to be recognised.

RECOMMENDATION (Clr Findley / Clr Wells)

That Council:

1. Receive the March Quarterly Budget Review Report.

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

3. Approve the projects being carried forward to 2020/2021 financial year.

6. Future quarterly budget reviews will provide updated information as it becomes available, along with the necessary adjustments for the full financial impact of these disasters to be recognised.

CARRIED

Procedural Motion - Adjournment of Meeting

Motion (Clr Pakes / Clr White)

That the meeting be adjourned until 7.56pm.

Note: The meeting adjourned, the time being 7.33pm

Note: The meeting reconvened, the time being 7.56pm

When the following members were present:

Clr John Wells - Chairperson

Clr Joanna Gash

Clr Amanda Findley – (Remotely)

Clr Patricia White

Clr Kaye Gartner – (Remotely)

Clr Nina Digiglio – (Remotely)

Clr John Levett

Clr Andrew Guile – (Remotely)

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener – (Remotely)

Clr Bob Proudfoot

Mr Stephen Dunshea - Chief Executive Officer

The following items marked with an * were resolved ‘en bloc’.

SA20.87 Proposed Lease of Part Lot 55 DP 1188161 & Part Lot 1 DP 1139157 - Berry Tennis Courts

HPERM Ref: D19/390898

RECOMMENDATION* (Clr White / Clr Guile)

That Council:

1. Enter into a Five (5) year lease agreement, with a Five (5) year option period over Part Lot 55 DP 1188161 & Part Lot 1 DP 1139157, Woodhill Mountain Road, Berry to Berry Tennis Club at a commencement rent of $3,466 plus GST per annum with annual CPI increases. Noting that

a. The estimated Whole of Life costing of the facility is approximately $22,000 per annum.

b. The Berry Tennis Club will be responsible for routine maintenance and repairs at the facility.

2. Restrict the rent received, via a Restricted Asset Account established for Berry Tennis Club, with the funds contributing towards the cost of resurfacing of the four tennis courts, repair/replacement of existing fencing and floodlighting (8 poles).

3. Approve the Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed otherwise the Chief Executive Officer be authorised to sign any documentation necessary to give effect to this resolution.

CARRIED

SA20.88 Proposed Lease of Part Lot 1 DP629175, 21 Meriton Street, St Georges Basin

HPERM Ref: D20/76196

RECOMMENDATION* (Clr White / Clr Guile)

That Council:

1. Enter into lease agreements for the areas depicted in Attachment 1 (D20/107448) for the use and occupation of the community building located on Part Lot 1 DP 629175, 21 Meriton Street, St Georges Basin with:

a. Illawarra Shoalhaven Local Health District (ISLHD) for a term of five (5) years at an initial annual gross rental of $66,211 Ex GST with annual CPI increases

b. Bay & Basin Community Resources Limited (BBCR) for a term of five (5) years at an initial annual gross rental of $2,823 Ex GST with annual CPI increases

noting that the estimated Whole of Life costs for the facility are estimated to be approximately $61,300

2. Increase St Georges Basin Community Centre Management Committee quarterly payment for loss of rent and office space to $4,569.25 (GST free) with annual CPI increases.

3. Authorise the Chief Executive Officer to finalise the lease terms and conditions that may not yet be determined.

4. Authorise the Chief Executive Officer to sign any 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.

CARRIED

SA20.89 Classification of Land - Lot 2 DP 591885 - 3 Schofields Lane, Nowra

HPERM Ref: D20/149017

RECOMMENDATION* (Clr White / Clr Guile)

That Council classifies the land described as Lot 2 DP 591885 known as 3 Schofields Lane, Nowra as Operational Land.

CARRIED

SA20.90 Classification of Land - Lot 1 DP 1256763 - Yalwal Road, Yalwal

HPERM Ref: D20/150873

RECOMMENDATION* (Clr White / Clr Guile)

That Council classifies the land described as Lot 1 DP 1256763 known as Yalwal Road, Yalwal as Operational Land.

CARRIED

SA20.91 Proposed Lease to Mollymook Beach Hut - Lot 7038 DP 1061116

HPERM Ref: D20/152174

RECOMMENDATION* (Clr White / Clr Guile)

That Council:

1. As the Crown Land Manager of R52790 (Mollymook Beach Reserve) enter into a 5-year lease plus 2 x 5-year options for shops 1, 2 & outdoor dining area, 83 Ocean Street, Mollymook with Bruce Maxwell Yalden and Maria Teresa Yalden (T/A Mollymook Beach Hut) at a commencement rent of $43,000 (excl GST) pa + outgoings with annual CPI increases and market reviews in years 5, 10 & 15.

2. Require each party to pay their own legal costs in this matter.

CARRIED

SA20.92 Classification of Land - Lot 8 DP 1255835 Currarong Road Kinghorne

HPERM Ref: D20/173414

RECOMMENDATION* (Clr White / Clr Guile)

That Council classify the land described as Lot 8 DP 1255835 Currarong Road Kinghorne, as Operational Land.

CARRIED

SA20.93 Proposed Acquisition of Land - Moss Vale Road South Urban Release Area

HPERM Ref: D20/173871

RESOLVED* (Clr White / Clr Guile) MIN20.408

That Council, in accordance with Section 10A(2)(c) of the Local Government Act 1993, consider a separate confidential report in relation to property acquisition matters associated with Moss Vale Road South Urban Release Area.

CARRIED

SA20.94 Nowra Golf Course - Proposed Leases to Bomaderry Bowling Club Ltd

HPERM Ref: D20/186416

Clr Wells – Less than significant non-pecuniary Interest declaration – he is a social member of the Bomaderry Bowling Club – Remained in the room and took part in discussion and voted.

Clr Gash – Less than significant non-pecuniary Interest declaration – she is a social member of the Bomaderry Bowling Club – Remained in the room and took part in discussion and voted.

Recommendation

That Council

1. Accept the surrender of the licence between Council and Nowra Golf Club Limited over Lot 2 DP 540883 & Lot 3 DP 528318 dated 11 October 2001.

2. As Crown Land Manager accept the surrender of the licence between the Greys Beach (R68918) Reserve Trust (the affairs of which were formerly managed by Council) and Nowra Golf Club Limited over Lot 7303 DP 1164490 dated 11 October 2001.

3. Enter into a twenty (20) year lease agreement with Bomaderry Bowling Club Limited over Lot 2 DP 540883, Lot 3 DP 528318 (Nowra Golf Course - 86 Fairway Drive, North Nowra) for an initial rent of $5,000pa (excl GST) with annual CPI increases.

4. As Crown Land Manager of R68919 (known as Greys Beach Reserve) enter into a twenty (20) year Crown lease agreement with Bomaderry Bowling Club Limited over Part Lot 7303 DP 1164490, Part Lot 239 DP 728005 & Part Lot 7302 DP 1164490 for an initial rent of $1,500pa (excl GST) with annual CPI increases.

5. Note that Council maintains Fairway Drive to the benefit of the general community, but the latter part (approximately 415 metres) of Fairway Drive is more akin to a dedicated driveway to the Golf Club. Periodic maintenance (pothole filling) and resealing on an eight to ten-year cycle costs Council in the order of $15,000pa and this is funded from standard road maintenance allocations.

6. Require each party to pay their own legal costs in this matter.

7. Approve the Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed otherwise the Chief Executive Officer be authorised to sign any documentation necessary to give effect to this resolution.

RECOMMENDATION (Clr Watson / Clr Wells)

That Council

1. Accept the surrender of the licence between Council and Nowra Golf Club Limited over Lot 2 DP 540883 & Lot 3 DP 528318 dated 11 October 2001.

6. Require each party to pay their own legal costs in this matter.

CARRIED

SA20.95 Greenwell Point Boat Ramp - Public Amenity

HPERM Ref: D20/85918

Recommendation (Item to be determined under delegated authority)

That Council notes that:

1. The Greenwell Point public amenity (Titania Reserve) is currently ranked sixth on the Public Amenity Priority List (in the proposed draft Public Amenity Priority Listing for 2020).

2. An amount of $30,000 for design is proposed in the 20/21 FY and $400,000 for construct is proposed in the 21/22 FY as per of Draft 10 Year Capital Program Listing.

3. Port-a-loos cost approximately $170 per unit per week (based on a 6-week hire during peak holiday periods). This includes delivery, pump-out and cleaning. The CEO (Director Assets and Works) will monitor the need for this temporary service and take action accordingly.

RESOLVED (Clr Pakes / Clr Proudfoot) MIN20.409

That Council notes that:

1. The Greenwell Point public amenity (Titania Reserve) is currently ranked sixth on the Public Amenity Priority List (in the proposed draft Public Amenity Priority Listing for 2020).

2. An amount of $30,000 for design is proposed in the 20/21 FY and $400,000 for construct is proposed in the 21/22 FY as per of Draft 10 Year Capital Program Listing.

CARRIED

SA20.96 Tenders - Processing of Kerbside Recycling Materials

HPERM Ref: D20/186523

RESOLVED* (Clr White / Clr Guile) MIN20.410

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

CARRIED

SA20.97 Shoalhaven Coastal Management Program - Stage 1 - Citywide Scoping Study Report - Community Feedback - Adoption

HPERM Ref: D19/444132

Recommendation

That Council adopt the Final Shoalhaven Coastal Management Program Scoping Study (referred as The Scoping Study) with amendments following public exhibition taking into considerations community submissions, as detailed in the report and proceed with the following:

1. Formation of the proposed North, Central, and Southern Coast and Estuary Management Committees and coastal management program working groups; and

2. Seek additional grant funding where required to undertake assessments as detailed in the Scoping Study to inform the Shoalhaven Coastline/Jervis Bay, Lake Conjola, and the St Georges Basin/Sussex Inlet as priority 1 for the Shoalhaven Coastal Management Program; and

3. Council consider allocating the additional $397,500 matching funds over 2 years, $238,750 in 2020/21 and $158,750 in 2021/22 budgets, to provide 50% contribution to the above grants; and

4. Commence preparation of Tender documentation for the preparation of the Shoalhaven Coastline and Jervis Bay, Lake Conjola, and St Georges Basin/Sussex Inlet Coastal Management Programs.

RECOMMENDATION (Clr White / Clr Proudfoot)

1. Formation of the proposed North, Central, and Southern Coast and Estuary Management Committees and coastal management program working groups, the following Councillors to be Chairpersons:

Ward 1 Clr. John Wells

Ward 2 Clr. Bob Proudfoot

Ward 3 Clr. Patricia White

2. CMPs priority and timeline for completion as follows:

Coastal Management Program Priority	Timeline for Completion
Lake Conjola Estuary	2021
Shoalhaven Coastline (update)	2021
Jervis Bay (Stand-alone)	2021
Sussex Inlet/Swan Lake Berrara (Stand-alone)	2022
St Georges Basin	2022
Lower Shoalhaven River	2022
Lake Wollumboola	2023
Burrill Lake Lake Tabourie Lake Willinga	2023
Currambene Creek, Moona Moona Creek	2024
Shoalhaven Urban & Rural Estuaries	2025

3. Seek additional grant funding where required to undertake assessments as detailed in the Scoping Study.

4. Council allocate funding as follows:

a. Additional $497,500 (including additional funding for a stand-alone Jervis Bay, St Georges Basin, Sussex Inlet/Swan Lake/Berrara) in 2020/21, to provide 50% contribution to the above grants and revise section 7 of the Scoping Study accordingly.

b. Long Term financial plan from 2021/22 each year to match approved grant funding, to continue CMPs.

5. Commence preparation of Tender documentation for the preparation of the Shoalhaven Coastline, Jervis Bay, Lake Conjola, and St Georges Basin/Sussex Inlet Coastal Management Programs.

CARRIED

SA20.98 Request - Refund DA Fees - Seventh Day Adventist Church (South NSW Conference) - DA19/1944

HPERM Ref: D20/147035

RESOLVED* (Clr White / Clr Guile) MIN20.411

That Council:

1. In accordance with Council’s Policy POL20/11, reimburse the relevant development application fees as identified in the report for DA19/1944 lodged by Roger G Kerr amounting to $244.00.

2. Fund the reimbursement from the Planning, Environment & Development Group (PE&D) budget.

CARRIED

SA20.99 Request - Refund DA Fees - CareSouth - DS20/1113

HPERM Ref: D20/184916

RESOLVED* (Clr White / Clr Guile) MIN20.412

That Council:

1. In accordance with Council’s Policy POL20/11, reimburse the relevant development application fees as identified in the report for DS20/1113 lodged by MMJ Real Estate Wollongong amounting to $650.00.

2. Fund the reimbursement from the Planning, Environment & Development Group (PE&D) budget with an appropriate adjustment made to the budget at a future quarterly budget review.

CARRIED

SA20.100 Next Steps - Proposed Affordable Housing Development - Council Land, Coomea Street, Bomaderry

HPERM Ref: D20/11340

Recommendation

That Council:

1. Engage at no cost via a Memorandum of Understanding (MOU) the NSW Department of Communities & Justice (DCJ) to assist Council in the delivery of Council’s vision of an affordable housing development consistent with the Shoalhaven Affordable Housing Strategy.

2. Contribute land known as 44-50 Coomea Street, Bomaderry via an Assistance/Funding Agreement with DCJ (the Secretary of the Department of Family and Community Services (FACS) – as the ‘Housing Agency’) to be used to construct an affordable housing development, conditional upon:

a. The land being used for long term Affordable Housing;

b. The capital contribution by Council being retained in perpetuity within the Shoalhaven Local Government Area;

c. Any change in use of the land must be approved by Council;

d. DCJ agreeing to Council staff, as nominated by the CEO, constituting part of any tender committee and ongoing steering committee established under the assistance/funding agreement; and

e. The Minister for DCJ directly appoint Southern Cross Housing as the Tier One registered Community Housing Provider (CHP) to build, own, manage and operate the affordable housing development as defined in the Community Housing Assistance Agreement entered into between the Secretary of the Department of Family and Community Services (FACS) – as the Housing Agency and Southern Cross Housing as the provider

3. Grant authorisation to DCJ (Housing Agency) to register an Interest in the Council land restricting dealings in the land without the consent of the Minister of DCJ (Housing Agency) consistent with Clause 14 of the Community Housing Providers (Adoption of National Law) Act 2012 (CHP Act)

4. Transfer as and when identified in the Assistance/Funding Agreement (Point 2 above) the ownership of 44-50 Coomea Street, Bomaderry to Southern Cross Housing for $1.00,

5. Approve the Common Seal of the Council of the City of Shoalhaven to be affixed to any documents required to be sealed otherwise the Chief Executive Officer be authorised to sign any documentation necessary to give effect to this resolution.

RECOMMENDATION (Clr Findley / Clr White)

That Council:

a. The land being used for long term Affordable Housing;

b. The capital contribution by Council being retained in perpetuity within the Shoalhaven Local Government Area;

c. Any change in use of the land must be approved by Council;

d. DCJ agreeing to Council staff, as nominated by the CEO, constituting part of any tender committee and ongoing steering committee established under the assistance/funding agreement; and

4. Transfer as and when identified in the Assistance/Funding Agreement (Point 2 above) the ownership of 44-50 Coomea Street, Bomaderry to Southern Cross Housing for $1.00, noting that this will reflect a financial contribution from Council to the affordable housing project in the form of property assets valued at $1.75 million plus legal and administrative costs.

CARRIED

SA20.101 Companion Animals - Management of Feral and Infant Cats and Dogs POL18/40

HPERM Ref: D20/159117

Recommendation (Item to be determined under delegated authority)

That Council adopt the reviewed Companion Animals – Management of Feral and Infant Cats and Dogs Policy.

RESOLVED (Clr White / Clr Pakes) MIN20.413

That Council adopt the reviewed Companion Animals – Management of Feral and Infant Cats and Dogs Policy.

CARRIED

Addendum Reports

SA20.102 Notice of Motion - Far North Collector Road - Upgrade of Taylors Lane, Cambewarra

HPERM Ref: D20/214050

Item dealt with earlier in the meeting see MIN20.400

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 White) MIN20.414

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.

CSA20.7 Proposed Acquisition of Land - Moss Vale Road South Urban Release Area

Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.10(A)(2)(c)

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.

CSA20.8 Tenders – Confidential Report - Processing of Kerbside Recycling Materials

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)

CARRIED

The meeting moved into confidential the time being 8.41pm.

The meeting moved into open session, the time being 8.44pm.

Report from confidential session

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

CSA20.8 Tenders – Confidential Report - Processing of Kerbside Recycling Materials

HPERM Ref: D20/186586

RESOLVED MIN20.415C

That

1. Council (Strategy and Assets Committee) endorse the Tender Evaluation Panel’s recommendation and accept the Tender from Suez Recycling & Recovery Pty Ltd for the provision of a recyclables processing service (domestic kerbside recycling - Tender Reference 63845E) at an estimated cost in the 20/21 financial year of $1,511,310 (excluding GST).

2. The contract documents and any other associated documents be executed on behalf of the Council in accordance with Clause 165 of the Local Government Regulation by the Chief Executive Officer (Group Director Assets and Works).

CARRIED

Note: A Rescission Motion was received in relation to SA20.102 Notice Of Motion - Far North Collector Road - Upgrade of Taylors Lane, Cambewarra signed by Clr Digiglio, Clr Findley and Clr Levett.

There being no further business, the meeting concluded, the time being 8.46pm.

Clr Wells

CHAIRPERSON