Minutes of the Ordinary Meeting

Meeting Date: Tuesday, 28 July 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

Clr John Wells

Clr Patricia White

Clr Kaye Gartner – Remotely via zoom

Clr Nina Digiglio

Clr John Levett

Clr Andrew Guile – Entered the meeting at 5:26pm

Clr Mitchell Pakes

Clr Greg Watson – Remotely via zoom

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 and the playing of the Australian National Anthem.

Apologies / Leave of Absence

RESOLVED (Clr Findley / Clr Digiglio) MIN20.506

That:

1. The apology of Clr Alldrick who is on a leave of absence be granted.

2. The following Leave of Absence requests be granted;

· Clr Alldrick – 28 July 2020 for a period of approximately 2 weeks

· Clr Wells – 14 to 24 August Inclusive

· Clr Gartner – 27 July to 21 September 2020 inclusive

· Clr Pakes – 4 August 2020.

Note: Stephen Dunshea advised that he would be submitting an apology for the Development & Environment Committee meeting 4 August 2020.

Confirmation of the Minutes

RESOLVED (Clr Gash / Clr Digiglio) MIN20.507

That the Minutes of the Ordinary Meeting held on Tuesday 23 June 2020 and the Extra Ordinary Meeting held on Tuesday 30 June 2020 be confirmed.

Declarations of Interest

Stephen Dunshea – CL20.158 Notice of Motion - Chief Executive Officer – Voting Rights – significant non-pecuniary interest declaration – the matter relates to the CEO’s voting rights – will leave the room and will not take part in discussion or vote.

Clr Wells – SA20.124 - Proposed Road Closure Part Tarawara Street Bomaderry – less than significant non pecuniary interest declaration – will remain in the room and will take part in discussion and vote – “his youngest granddaughter attends the Nowra Anglican College Preschool”.

Call Over of the Business Paper

The following items were called up for debate:

CL20.162, CL20.164, SA20.124

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

PRESENTATIONS OF PETITIONS

Presentation of Petitions

Clr Proudfoot presented a petition containing 71 signatures which states:

Thank you for the opportunity to present this petition and to voice our concerns to Council.

The residents of Wullun Close, Yallara Crescent, Maxwell Crescent, Vost Drive and the surrounding area of Sanctuary Point hereby present to Council a petition for the completion of a walkway from behind the houses on the Eastern side of Anson Street to the cul-de-sac end of Wullun Close, Sanctuary Point.

Procedural Motion - Matters of Urgency

RESOLVED (Clr Gash / Clr Digiglio) MIN20.508

That an additional item to amend MIN20.437 (Item SA20.100) in the minutes of the Ordinary Meeting Tuesday 23 June 2020 be introduced as a matter of urgency.

The Chairperson ruled the matter as urgent as the minutes are required to be adopted at this meeting.

CL20.168 MIN20.437 - SA20.100 Next steps Proposed Affordable Housing Development Council Land Coomea Street Bomaderry

RESOLVED (Clr Findley / Clr Proudfoot) MIN20.509

That MIN20.437 of the Ordinary Meeting held 23 June 2020 be amended as follows:

That Council:

3. Work with the NSW Department of Communities and Justice (DCJ) to deliver Council’s vision of an affordable housing development consistent with the Shoalhaven Affordable Housing Strategy.

4. 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. DCJ will enter into contracts with the community housing provider appointed by Council as required to facilitate the development of affordable housing.

5. Grant authorisation to DCJ (Housing Agency) to register an Interest in the Council land restricting dealings in the land consistent with Clause 14 of the Community Housing Providers (Adoption of National Law) Act 2012 (CHP Act)

6. 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.

7. 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.

Mayoral Minute

MM20.9 Mayoral Minute - Congratulations - Kim White - 2020 Minster's Awards for Women in Local Government

HPERM Ref: D20/331894

Recommendation

That Council congratulate Kim White on her 2020 Minister’s Award for Women in Local Government.

RESOLVED (Clr Findley / Clr Pakes) MIN20.510

That Council congratulate Kim White on her 2020 Minister’s Award for Women in Local Government.

Deputations and Presentations

CL20.155 Notice of Motion - Preserve View Lines - Lions Park to Burrill Lake

Bradley Stanton

CL20.162 Response to Presentation of Petition - Proposed Dog Off-leash Area at Dolphin Point

Sharon Simons

Julie Cooper

Peter Keogh

Lynne Hill

Janette Grierson

Sonia Alexander

Rosemary Thompson

Jim Wakefield

Simon Twitchen

Sadhana Goulston

Tina Wilson

Notices of Motion / Questions on Notice

CL20.152 Notice of Motion - Destination Park - Ulladulla

HPERM Ref: D20/304678

Recommendation

That Council include Rotary and Apex parks (contiguous precinct) on the Princes Highway Ulladulla as a Destination Park.

RESOLVED (Clr Kitchener / Clr Findley) MIN20.511

That Council include Rotary and Apex parks (contiguous precinct) on the Princes Highway Ulladulla as a Destination Park.

For: Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Digiglio, Clr Levett, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot

Against: Nil

Note: Clr Guile entered the meeting at 5:26pm

CL20.153 Notice of Motion - Request to RMS - Traffic Calming Measures - Princes Hwy, Bewong

HPERM Ref: D20/315579

Recommendation

That Council staff write to the R.M.S strongly urging them to install traffic calming measures along the approach to the extremely dangerous bend as motorists head south from Bewong along the Princes Highway. Ideally this will include, but not be restricted to, the strategic installation of large red warning signs and flashing lights.

RESOLVED (Clr Proudfoot / Clr Pakes) MIN20.512

That Council

1. Write to the R.M.S strongly urging them to install traffic calming measures along the approach to the extremely dangerous bend as motorists head south from Bewong to Condies Bridge along the Princes Highway. Ideally this will include, but not be restricted to, the strategic installation of large red warning signs and flashing lights.

2. Write to Transport NSW requesting the upgrade to the section of the Princess Highway between Bewong and Condies Bridge as a priority, and ideally, to occur prior to or in conjunction with the upgrade of the intersection of Jervis Bay Road and the Princess Highway.

CL20.154 Notice of Motion - Traffic Safety Measures - Waratah Crescent, Sanctuary Point

HPERM Ref: D20/315600

Recommendation

That Council staff ensure that traffic safety measures are put in place to protect motorists as they proceed down Waratah Crescent towards the very sharp bend just past number 134 Waratah Crescent. An important consideration would ideally include the installation of appropriate signage as well as additional pole lighting on the downward approach to the very tight bend.

RESOLVED (Clr Proudfoot / Clr Pakes) MIN20.513

That Council staff ensure that traffic safety measures are put in place to protect motorists as they proceed down Waratah Crescent, Sanctuary Point towards the very sharp bend just past number 134 Waratah Crescent. An important consideration would ideally include the installation of appropriate signage as well as additional pole lighting on the downward approach to the very tight bend.

CL20.155 Notice of Motion - Preserve View Lines - Lions Park to Burrill Lake

HPERM Ref: D20/315617

Recommendation

That Council staff take swift action on a previous notice of motion which charged staff with the responsibility of protecting view lines from Lions Park to Burrill Lake, and this ‘swift action’ be completed by August 31, 2020.

RESOLVED (Clr Proudfoot / Clr White) MIN20.514

That Council staff take swift action on a previous notice of motion which charged staff with the responsibility of protecting view lines from Lions Park to Burrill Lake, and this ‘swift action’ be completed by August 31, 2020.

For: Clr Gash, Clr Wells, Clr White, Clr Digiglio, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot

Against: Clr Findley and Clr Gartner

CL20.156 Notice of Motion - Sussex Inlet Canal - Badgee Boundary Adjustment and Waterway Dedication

HPERM Ref: D20/328181

Recommendation

That:

1. Council receive the Sussex Inlet Canal - Badgee Boundary Adjustment and Waterway Dedication update report for information.

2. Council allocate loan funding of up to $250,000 to carry out preliminary works to enable the boundary Adjustment and waterway dedication.

3. Those residents who “opt in” to the proposed dedication of the boundary adjustment and waterway dedication equally share the repayment of the loan funds.

4. Residents who wish to “opt in” with hardship issues, may seek Council support under Council’s Hardship Policy with a view to establish a payment plan.

5. Council enter a Deed with those residents who “opt in” for repayment of funds. This Deed to be secured by a Caveat on the land, if required.

6. Council waive the DA fees for this item.

RESOLVED (Clr White / Clr Gash) MIN20.515

That:

1. Council receive the Sussex Inlet Canal - Badgee Boundary Adjustment and Waterway Dedication update report for information.

2. Council allocate loan funding of up to $250,000 to carry out preliminary works to enable the boundary Adjustment and waterway dedication.

3. Those residents who “opt in” to the proposed dedication of the boundary adjustment and waterway dedication equally share the repayment of the loan funds.

4. Residents who wish to “opt in” with hardship issues, may seek Council support under Council’s Hardship Policy with a view to establish a payment plan.

5. Council enter a Deed with those residents who “opt in” for repayment of funds. This Deed to be secured by a Caveat on the land, if required.

6. Council waive the DA fees for this item.

CL20.157 Notice of Motion - Reserve and Play Area - Lake Drive, Swanhaven

HPERM Ref: D20/328243

Recommendation

That Council request the Chief Executive Officer (or his nominee) to organise an onsite meeting with Residents of Lake Drive Swanhaven, Sussex Forum Executive, Ward Three Councillors (available) and Council Staff to discuss the formation of a Group to maintain the natural area and playground reserve.

RESOLVED (Clr White / Clr Pakes) MIN20.516

That Council request the Chief Executive Officer (or his nominee) to organise an onsite meeting with Residents of Lake Drive Swanhaven, Sussex Forum Executive, The Dyball Reserve Bushcare Group, Ward Three Councillors (available) and Council Staff to discuss the formation of a Sub-Group to maintain the natural area and playground reserve.

Note: Stephen Dunshea left the meeting at 6:09pm due to significant, non-pecuniary interest in the following item.

CL20.158 Notice of Motion - Chief Executive Officer - Voting Rights

HPERM Ref: D20/328789

Recommendation

That the CEO continue in an advisory role at the core Council Meetings, the Development and Environment Committee and Strategy and Assets Committee, but cease to have voting rights.

MOTION (Clr Levett / Clr Digiglio) MIN20.517

That the CEO continue in an advisory role at the core Council Meetings, the Development and Environment Committee and Strategy and Assets Committee, but cease to have voting rights.

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

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

Note: Stephen Dunshea returned to the meeting at 6.36pm.

CL20.159 Question on Notice - DA20/1453 at 3 Moona St, Huskisson (Lot 104 DP 755928)

HPERM Ref: D20/321243

Question

1. Among the documents on DA tracking is a report by QPC & C Quantity Surveyors giving costings on the building of the complex proposed for the site. These figures are complicated but appear to take the proposed development very close to the threshold of State Significant Development. Does Council accept these figures on face value or are they peer reviewed… and what is the consequence if costs blow out and take the project over the threshold?

2. Is a development elevated to State Significance if the site is in an environmentally sensitive location and who makes that decision? The letter from DPI Fisheries in the submissions says that; “the DA, including the Statement of Environmental Effects and various associated reports, fails to note that the site is within 100 metres of Jervis Bay Marine Park, a “nearby sensitive environment” and that stormwater from the site flows into an area of the Marine Park that is zoned “habitat protection”.

3. Fisheries have indicated thirteen conditions of development to protect the Marine Park… who will monitor compliance with these conditions and will the cost of doing so be carried by the Shoalhaven ratepayers?

4. In recent years the volume of sand in Moona Moona Creek, downstream of the road and footbridge, has increased significantly and reduced the connectivity between the Creek and Jervis Bay. Will Council in its assessment of the DA be considering the impact of this change in hydrology on potential flood levels at the site and the manner in which the developer proposes to manage water quality and prevent polluted stormwater discharging into a system that no longer flushes as it used to?

5. One submission questioned the proponents plan to manage the acid sulphate soils on the site which require “very high level” and “complex” treatment. Can the effectiveness of the plan be assessed when the construction methodology of the building is yet unknown?

6. If a particular number of unique public objections are received against a development will its assessment be taken out of the hands of Council to a higher authority such as the Independent Planning Commission?

7. Are bonds required from developers as surety against failure to comply with consent conditions and lastly, is the CEO aware of any reportable political donations by parties associated with this development?

Response

A full response will be provided to the Development & Environment Committee 4 August 2020.

Report of the Development & Environment Committee - 20 July 2020

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

DE20.61 Road Closure - Unformed Road UPN102284 Separating Lot 28 & 14 DP 755927 - Conjola

HPERM Ref: D20/48445

RESOLVED* (Clr Wells / Clr Gash) MIN20.518

That Council

1. Rescind MIN17.241 given the advice from the NSW Land Registry Services.

2. Require John McCloghry to create a private Right of Access over Lot 28 DP 755927, shown as blue hatching on Attachment “1” Plan No (D19/441014) Draft Plan No U16850 in favour of Lot 14 DP 755927 for continued legal access.

3. After the Right of Way is created, close the unformed road UPN102284, known as Wollybutt Road, which separates Lots 14 & 28 DP 755927, Conjola, shown in yellow shading on Attachment “1” (D19/441014) Draft Plan No U16850 and sell to the owner of the surrounding properties, John McCloghry for $7,000 plus GST.

4. Give authority to the Chief Executive Officer to affix the Common Seal of the Council of the City of Shoalhaven to any documents required to be sealed and that the Chief Executive Officer be authorised to sign any documents necessary to give effect to the resolution.

5. Note all costs associated with this matter are to be met by John McCloghry.

6. Request National Parks & Wildlife Service to reserve for nil consideration the unformed road UPN115721, that continues through Conjola National Park, shown in red, on Attachment “2”, (D20/192150) for addition to Conjola National Park pursuant to S30C(a) of the National Parks and Wildlife Act 1974.

Report of the Strategy & Assets Committee - 21 July 2020

SA20.106 Notice of Motion - Berry Riding Club - Loan Request

HPERM Ref: D20/300733

RESOLVED* (Clr Wells / Clr Gash) MIN20.519

That Berry Riding Club be granted a loan in the amount of $25,000 to enable the Club to acquire jumps for the Eventing Course being developed at the Berry Equestrian Centre of Excellence.

SA20.110 Local Government Remuneration Tribunal - Determination - Councillor and Mayoral Fees - 2020/2021

HPERM Ref: D20/228313

RESOLVED* (Clr Wells / Clr Gash) MIN20.520

That:

1. Council notes the Local Government Remuneration Tribunal’s Annual Report and Determination dated 10 June 2020.

2. Council adjust the Councillor Fee to $24,320

3. Council increase the Mayoral fee by $4,000, include the new increased Councillor Fee of $24,320, the new increased Mayoral remuneration totals $77,570.

SA20.116 House Keeping - Sussex Inlet Roads Dedication Under Sec 16 & 17 of the Roads Act 1993

HPERM Ref: D20/150535

RESOLVED* (Clr Wells / Clr Gash) MIN20.521

That Council resolves to dedicate the land identified in Attachment 1 (D20/172897) at the intersection of River Road, Lyons Road & Ethel Street in Sussex Inlet, as a public road in accordance with the provisions of Sections 16 & 17 of the Roads Act 1993.

SA20.117 Land Acquisition - Easement for Drainage - Lot 107 DP 1170860 Burralee Drive Worrigee

HPERM Ref: D20/170594

RESOLVED* (Clr Wells / Clr Gash) MIN20.522

That Council:

1. Acquire by agreement an easement to drain water 5 metres wide and variable-width over part of Lot 107 DP 1170860 Burralee Drive, Worrigee as shown on Attachment 1 (D20/171101).

2. Agree to pay compensation in the amount of $12,000 (excl GST) plus reasonable legal costs associated with the acquisition from Job No 75503 Forest Meadows Way Worrigee Easement acquisition, as easements were not created in favour of Council at the time of subdivision.

3. Authorise the Common Seal of the Council of the City of Shoalhaven be affixed to any document requiring to be sealed and delegate to the Chief Executive Officer authority to sign any documentation necessary to give effect to this resolution.

SA20.118 Wondalga Farm - Disaster Assistance & Fodder Production Update

HPERM Ref: D20/187739

RESOLVED* (Clr Wells / Clr Gash) MIN20.523

That in respect to the Wondalga Farm, Council:

1. Continue to produce and provide Fodder for disaster (drought and fire) affected farmers and include any other stock owners requiring feed for animals throughout the state.

2. Sell fodder, by the bale at market rates according to fodder quality as determined by the CEO (Director Assets and Works).

3. Note that a report on the sale of Fodder from Wondalga Farm, as well as the status of the operating budget, will be presented in October 2020 (end of first quarter).

4. Note that a report on the long-term commercial management of Wondalga Farm as required in Part 6 of MIN 20.215, is expected to be presented in October 2020 (end of first quarter).

SA20.119 Release of Drainage Easement and Restriction on the Use of Land - Molloy Street, Mollymook

HPERM Ref: D20/205649

RESOLVED* (Clr Wells / Clr Gash) MIN20.524

That Council:

1. Approve the release of the Easement to Drain Water 3 Wide and Restriction of Use of Land over Lot 32 DP 1190685, known as 52 Molloy Street, Mollymook;

2. Approve the release of the Easement to Drain Water 3 Wide and Restriction of Use of Land over Lot 59 DP 1204912, Part Lot 71 DP 1263187, Lots 112, 113, 114, 115 in DP 1215166, Lot 2 DP 1137611, Lot 110 DP 1215166, Lots 60 & 61 in DP 1219963 as & when Council receives applications from respective property owners;

3. Require all costs associated with the release of the easement to drain water and restriction of the use of land be met by the respective Registered Proprietor of the burdened land;

4. Require the Registered Proprietor accept the transfer of ownership and all future responsibilities, including any costs for existing infrastructure within Lot 32 DP 1190685;

5. Require all remediation works and associated costs within the easement area being the responsibility of the Registered Proprietor of the burdened land; and

6. 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.

SA20.120 Acquisition of Crown Land - Formalisation of Main Access to Integrated Emergency Management Centre (IEMC) and Nowra Racing Complex

HPERM Ref: D20/212671

RESOLVED* (Clr Wells / Clr Gash) MIN20.525

That Council:

1. Resolve to compulsory acquire Lot 5 DP 1265268 in approved plan of subdivision under SF10607 (land known as Dog Track Road) from NSW Department of Planning, Industry & Environment – Crown Land;

2. Pay compensation for the acquisition including all ancillary costs, in accordance with the determination of the Valuer General under the terms and conditions of the Land Acquisition (Just Terms) Compensation Act 1991 from job number 88810;

3. Approve the making of the necessary applications for compulsory acquisition to the Minister for Local Government and the Governor;

4. Dedicate Lot 5 DP 1265268 in approved plan of subdivision under SF10607 as a public road by way of a notice published in the Gazette under Section 10 of the Roads Act 1993 at the completion of the acquisition;

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

SA20.121 Proposed Retail Lease to The Brow Collective - 37a/43 Kinghorne Street Nowra

HPERM Ref: D20/241094

RESOLVED* (Clr Wells / Clr Gash) MIN20.526

That Council:

1. Enter into a two (2) year lease plus one (1) year option for Part Lot 1 DP 225912; retail shop known as 37a/43 Kinghorne Street Nowra with Jessica Norman, trading as The Brow Collective, at a commencement rent of $18,000 (excl GST) pa + outgoings with annual 3% increases.

2. Agree to a three (3) month rent free period, as per industry guidelines.

3. Require each party to pay their own legal costs relating to this matter.

4. 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.

SA20.122 Proposed Lease to Cash Stop Financial Services - 43/43 Kinghorne Street Nowra

HPERM Ref: D20/262900

RESOLVED* (Clr Wells / Clr Gash) MIN20.527

That Council:

1. Enter into a three (3) year lease plus three (3) year option for Part Lot 1 DP 225912; retail shop known as 43/43 Kinghorne Street Nowra with Cash Stop Financial Services Pty Ltd for the purpose of financial services and pawnbroking at a commencement rent of $20,000 (excl GST) pa + outgoings with annual 3% increases.

2. Agree to a three (3) month rent free period as per industry guidelines.

3. Require each party to pay their own legal costs relating to this matter.

4. 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.

SA20.123 Land Acquisition - Road Widening - Part Lot 2 DP 124710 - 2 Lawrence Ave Nowra

HPERM Ref: D20/276391

RESOLVED* (Clr Wells / Clr Gash) MIN20.528

That Council: -

1. Acquire by agreement 50.5m² area of land for road widening purposes over part of Lot 2 DP 276076 Lawrence Ave, Nowra, as shown on Attachment 1 (D20/276076).

2. Agree to pay compensation in the amount of $36,000 (excl GST) from the Property Reserve

3. Authorise the Common Seal of the Council of the City of Shoalhaven be affixed to any document requiring to be sealed and delegate to the Chief Executive Officer authority to sign any documentation necessary to give effect to this resolution.

4. Following acquisition, the land be dedicated as Public Road pursuant to Section 10 of the Roads Act 1993.

Note: Clr Proudfoot left the meeting at 6.36pm.

SA20.124 Proposed Road Closure Part Tarawara Street Bomaderry

HPERM Ref: D20/287620

Clr Wells – less than significant non pecuniary interest declaration – will remain in the room and will take part in discussion and vote – “his youngest granddaughter attends the Nowra Anglican College Preschool”.

Recommendation

That Council:

1. Close the unformed road reserve as per attachment 1 (D20/58909) at DP2886 Tarawara Street Bomaderry, between Princes Highway and Tarawal Street adjacent to Ringbalin Crescent lots 12 – 21 DP249575 by a notice published in the Government Gazette.

2. The CEO negotiate the sale of the closed road (if the closure proceeds) with the Nowra Anglican College in such a manner as to provide certainty as to the use of the road reserve prior to any transfer occurring.

3. Require all costs associated with the road closure be borne by the Nowra Anglican College.

4. Authorise the Common Seal of the Council of the City of Shoalhaven be affixed to any document requiring to be sealed and delegate to the Chief Executive Officer authority to sign any documentation necessary to give effect to this resolution.

RESOLVED (Clr Pakes / Clr White) MIN20.529

That Council:

1. Close the unformed road reserve as per attachment 1 (D20/58909) at DP2886 Tarawara Street Bomaderry, between Princes Highway and Tarawal Street adjacent to Ringbalin Crescent lots 12 – 21 DP249575 by a notice published in the Government Gazette.

2. The CEO negotiate the sale of the closed road (if the closure proceeds) with the Nowra Anglican College in such a manner as to provide certainty as to the use of the road reserve prior to any transfer occurring.

3. Require all costs associated with the road closure be borne by the Nowra Anglican College.

4. Authorise the Common Seal of the Council of the City of Shoalhaven be affixed to any document requiring to be sealed and delegate to the Chief Executive Officer authority to sign any documentation necessary to give effect to this resolution.

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

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

SA20.131 Acquisition of Easement for Water Supply - 172B&C Pointer Road Yatte Yattah

HPERM Ref: D20/247587

RESOLVED* (Clr Wells / Clr Gash) MIN20.530

That:

1. Council rescind MIN16.170.

2. Council acquire an Easement for Water Supply 3 wide over Lot 1 DP725956 and Lot 1 DP1244841 at Yatte Yattah, as shown highlighted and marked ‘A’ on DP1224571 and DP1244841, attached.

3. Council pay compensation of $6,000, plus GST if applicable, and reasonable legal costs associated with the acquisition in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, from Council’s Water Fund.

4. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.

Reports

Note: Clr Proudfoot returned to the meeting at 6.39pm.

CL20.162 Response to Presentation of Petition - Proposed Dog Off-leash Area at Dolphin Point

HPERM Ref: D20/229824

Recommendation

That Council:

1. Do not support the proposal for a dog off-leash area at Dolphin Point, as per the petition, due to the high utilisation of the area and environmental reasons (habitat and nesting sites for threatened shorebirds).

2. Undertake investigations into the suitability of alternative locations including Burrill Beach, Dolphin Point Reserve and Rackham Crescent Reserve for dog off-leash areas.

3. Consult with the petition organiser, Ulladulla and Districts Community Forum, adjacent landowners, and broader community to seek feedback on alternative locations for dog off-leash areas. As part of the consultation, allow the opportunity to suggest alternative locations between Ulladulla Harbour and Cormorant Beach off-leash areas for consideration for dog off-leash areas.

4. Prepare a report back to Council following the investigations into alternative sites and consultation.

RESOLVED (Clr White / Clr Wells) MIN20.531

That Council:

1. Accept the report for information.

2. Council undertake further investigations into the suitability of all locations across Dolphin Point and Burrill Lake for fenced dog off leash areas.

3. Consult with petition organisers, Ulladulla Forum, land owners, Paws4Shoalhaven and broader community members and groups to seek feedback on locations for fenced dog off leash areas. As part of the consultation with all groups allow the opportunity to suggest locations between Ulladulla Harbour and Cormorant beach for consideration for dog off leash areas.

4. Following consultation and investigations prepare a report back to Council.

CL20.163 Response - Questions on Notice - Climate Change Risk to Australia's Built Environment Report

HPERM Ref: D20/307550

RESOLVED* (Clr Wells / Clr Gash) MIN20.532

That the Response - Questions on Notice - Climate Change Risk to Australia's Built Environment Report be received for information.

CL20.164 Investment Report - June 2020

HPERM Ref: D20/321321

Recommendation

That:

1. The report of the Chief Executive Officer (Finance, Corporate & Community Services Group) on the Record of Investments for the period to 30 June 2020 be received for information.

2. Council note Council’s investment portfolio returned 1.66% for the month of June 2020, exceeding the benchmark AusBond Bank Bill Index (0.09% pa) by 157 basis points (1.57%).

RESOLVED (Clr Proudfoot / Clr Wells) MIN20.533

That:

1. The report of the Chief Executive Officer (Finance, Corporate & Community Services Group) on the Record of Investments for the period to 30 June 2020 be received for information.

2. Council note Council’s investment portfolio returned 1.66% for the month of June 2020, exceeding the benchmark AusBond Bank Bill Index (0.09% pa) by 157 basis points (1.57%).

CL20.165 Variations to Development Standards - June Quarter 2020

HPERM Ref: D20/250337

RESOLVED* (Clr Wells / Clr Gash) MIN20.534

That Council receive the Variations to Development Standards – June Quarter Report 2020 for information and forward a copy of this report and table (in the standard format required by the Department) to the Department of Planning and Environment in accordance with the requirements specified in Circular PS20-002 Variations to development standards.

CL20.166 Proposed Application - Low Cost Loans Initiative Round 3 - Funding Local Infrastructure to Accelerate New Housing Supply

HPERM Ref: D20/275017

RESOLVED* (Clr Wells / Clr Gash) MIN20.535

That Council:

1. Endorse the proposed application to Round 3 of the Low-Cost Loans Initiative (LCLI) for the local infrastructure projects identified in Table 1 of this report, to be submitted to the NSW Department of Planning, Industry and Environment by 14 August 2020.

2. Amend the Integrated Strategic Plan 2020/21 to include the additional borrowings of $17,533,620 which includes bringing forward $5 million loan for Boongaree Park currently included in the Long Term Financial Plan in 21/22, with the future repayments of the borrowings to be funded from a combination of Developer Contributions, general revenue and the low-cost loan initiative interest subsidy.

3. Commit to funding the proposed works for the infrastructure projects in Table 1 of this report using loan funds of $21,533,620 to take advantage of the discounted interest rate through the LCLI and to accelerate the delivery of the infrastructure in various locations in Shoalhaven Local Government Area.

CL20.167 Local Government and Conservation and Land Management Economic Stimulus

HPERM Ref: D20/322246

RESOLVED* (Clr Wells / Clr Gash) MIN20.536

That Shoalhaven City Council:

1. Acknowledge that:

a. In light of the current and anticipated impacts of COVID-19 across every sector of society, it is clear that decisive action and unprecedented investment is needed to temper the worst social and economic impacts of this crisis.

b. Over 70 farming and conservation groups around Australia, including Landcare, the National Farmers Federation, NRM Regions Australia, the Australian Land Conservation Alliance and the Australian Association of Bush Regenerators, have come together to call on state and federal government to invest in a jobs-rich conservation and land management stimulus package as part of the economic response to Covid-19.

c. Such a program presents important opportunities for safe, meaningful and socially beneficial work as part of the ‘bridge to recovery’, while leaving enduring benefits for the environment, tourism and farm businesses.

d. Local Governments play a pivotal role in delivering conservation and land management work, such as controlling weeds, protecting and restoring habitat, and managing public land and are ideally placed to manage a surge in effort for on ground conservation work.

2. Express its support for state and federal government investment in a jobs-rich conservation and land management stimulus package as part of the economic response to Covid-19.

3. Write to our local Federal and State Members of Parliament expressing our support for this proposal and urging them to support it.

There being no further business, the meeting concluded, the time being 7:01pm.

Clr Findley

CHAIRPERSON