Minutes of Ordinary Meeting - 25 August 2020

Minutes of the Ordinary Meeting

Meeting Date: Tuesday, 25 August 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 Nina Digiglio

Clr Kaye Gartner

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 Clr White and the playing of the Australian National Anthem.

Apologies / Leave of Absence

Nil

Confirmation of the Minutes

RESOLVED (Clr Pakes / Clr Digiglio) MIN20.569

That the Minutes of the Ordinary Meeting held on Tuesday 28 July 2020 and the Extra Ordinary Meeting of Ordinary Meeting held on Tuesday 11 August 2020 be confirmed.

Declarations of Interest

Clr Kitchener – MM20.11 - Mayoral Minute - Recent Flood Acknowledgement - less than significant non pecuniary interest declaration – he is still an active member of the Ulladulla SES Unit – will remain in the room and will take part in discussion and vote.

Clr Alldrick – CL20.180 - Notice of Motion - Dogs Funding - less than significant non pecuniary interest declaration – she is a dog owner and regularly uses the Nowra Showground as a dog off leash area – will remain in the room and will take part in discussion and vote.

Call Over of the Business Paper

The following items were called up for debate:

MM20.10, MM20.11, MM20.12, CL20.172, CL20.173, CL20.174, CL20.175, CL20.176, CL20.177, CL20.178, CL20.179, CL20.180, CL20.181, CL20.182, CL20.183, HT20.1, CL20.188, CL20.190, CL20.191.

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

Presentation of Petitions

Clr White presented a petition containing 701 signatures from the Burrill Lake Action Group on behalf of property owners and residents of Burrill Lake, which states:

We the undersigned property owners and residents of Burrill Lake herby petition Shoalhaven City Council to urgently implement Section 1.4 of the Plan of Management – Parks (CLP NO 6) adopted by council in July 2001 for Barker Reserve Burrill Lake by effectively consulting and inviting community input to a review of the plan of Management (POM) and amending it to better identify the needs and desires of the local community.

Specifically to nominate the communities right to raise and contribute funds for the cost of constructing and operating specific public facilities to be nominated in the POM including children’s playground, community gardens with a small gardening tool shed, community toilets, disability access, fish cleaning facilities, passive and active grassed exercise areas, BBQ’s, outdoor seating, shelter sheds, a water fountain for drinking and filling bottles, internal roads and parking areas, plus access for launching and/ or retrieving small watercraft (<5M) being limited to the sandy ramp and access channel located in the middle of the foreshore and designated swimming area. And clearly excluding the construction and operation of any other building or structure

Mayoral Minute

MM20.10 Mayoral Minute - Local Government Exclusion from National Cabinet

HPERM Ref: D20/366856

Recommendation

That Council:

1. Agrees to send a letter to the Premier and to Fiona Phillips MP as the Federal Member for Gilmore and the State members for South Coast, The Hon Shelley Hancock MP and Member for Kiama, the Hon Gareth Ward MP respectively which highlights the critical necessity for Local Government representation on the newly formed National Cabinet and seeks their assistance in requesting that First Ministers review the decision to exclude Local Government.

2. Seeks a meeting with our local Federal and State Members to discuss in more detail the importance of having local government representation on National Cabinet and the value of partnerships with Councils in achieving the objectives of the National Cabinet and the national reform agenda.

3. Notes that the Australian Local Government Association, Local Government NSW and other state/territory local government associations will continue to advocate for local government representation on the National Cabinet and for Local Government’s interests in all relevant forums.

RESOLVED (Clr Findley / Clr Alldrick) MIN20.570

That Council:

1. Agrees to send a letter to the Premier and to Fiona Phillips MP as the Federal Member for Gilmore and the State members for South Coast, The Hon Shelley Hancock MP and Member for Kiama, the Hon Gareth Ward MP respectively which highlights the critical necessity for Local Government representation on the newly formed National Cabinet and seeks their assistance in requesting that First Ministers review the decision to exclude Local Government.

2. Seeks a meeting with our local Federal and State Members to discuss in more detail the importance of having local government representation on National Cabinet and the value of partnerships with Councils in achieving the objectives of the National Cabinet and the national reform agenda.

3. Notes that the Australian Local Government Association, Local Government NSW and other state/territory local government associations will continue to advocate for local government representation on the National Cabinet and for Local Government’s interests in all relevant forums.

For: Clr Findley, Clr Gash, Clr Wells, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson and Clr Proudfoot

Against: Clr White, Clr Guile, Clr Pakes and Clr Kitchener

MM20.11 Mayoral Minute - Recent Flood Acknowledgement

HPERM Ref: D20/369336

Clr Kitchener – less than significant non pecuniary interest declaration – he is still an active member of the Ulladulla SES Unit – will remain in the room and will take part in discussion and vote.

Recommendation

That Council thanks and acknowledges the ongoing service and support that has been given to the residents of the Shoalhaven from our local SES Units at Nowra, Ulladulla and St Georges Basin for our recent multiple severe weather events.

RESOLVED (Clr Findley / Clr Pakes) MIN20.571

That Council thanks and acknowledges the ongoing service and support that has been given to the residents of the Shoalhaven from our local SES Units at Nowra, Ulladulla and St Georges Basin and Shoalhaven Water and Council Staff for our recent multiple severe weather events.

MM20.12 Mayoral Minute - Home Builder Scheme

HPERM Ref: D20/372716

Recommendation

That Council advocate to the Federal Government that the HomeBuilder scheme be made available for all bush fire impacted properties across the 52 Councils that sustained impact during the Black Summer bush fire catastrophe, including those who are currently ineligible due to the grant submission period.

RESOLVED (Clr Findley / Clr Alldrick) MIN20.572

That Council advocate to the Federal Government that the HomeBuilder scheme be made available for all bush fire impacted properties across the 52 Councils that sustained impact during the Black Summer bush fire catastrophe, including those who are currently ineligible due to the grant submission period.

Deputations and Presentations

Nil

Notices of Motion / Questions on Notice

CL20.172 Question on Notice - Land Clearing - Intersection Jervis Bay Road and the Princes Highway, Falls Creek

HPERM Ref: D20/356382

Question

1. What restrictions apply to clearing on this land under existing zonings.

2. Are there conflicting jurisdictions over the land between the three tiers of government and if so, have these conflicts made action problematic in dealing with possible breaches in relation to land clearing at the site.

3. Is the land a “wildlife corridor” under the Shoalhaven Local Environment Plan and if so, was permission required from Shoalhaven Council to clear the land and was such permission granted.

4. Is Council aware of any protections over the land under the Federal Environment Protection & Biodiversity Conservation Act (1999) and if so, is an Environmental Impact Statement required before clearing can commence and is DA consent required for such clearing.

5. Does the NSW Local Land Services Act limit the removal of native vegetation for the purpose of fencing and road clearing on the land. What approvals are required and what would be the likely conditions in such approvals to protect against such things as; damage to soil structure, soil erosion, and polluted water runoff.

6. Has clearing at the site impacted on the Jervis Bay Road corridor outside the boundary of the property and if so, will action be taken by Council.

Response

A full response will be submitted to a future meeting.

CL20.173 Question on Notice - Development Application - Nowra Motorsports Complex (Yerriyong)

HPERM Ref: D20/364574

Question

Could the CEO please provide an update on the progress on the DA application for the Nowra Motorsports Complex and include in his answer an update on the budget for the DA.

Response

Over 10 sites were identified for investigation by the EDO and consultants. This has been narrowed down and consultancies are being undertaken to draw together a DA. Confidential negotiations are underway with owners.

The expenditure on this project is currently around $171,000 but will increase in the next few months as more consultants will be paid. It is expected that expenditure will be within the $300,000 budget that the EDO is working to.

CL20.174 Notice of Motion - Sussex Inlet Road Footpath Maintenance & Bus Stop

HPERM Ref: D20/366827

Recommendation

That Council:

1. Undertake urgent works on the footpath area on Sussex Inlet Road from the corner of Jacobs Drive to the walkway at Seaberry Street;

2. Undertake works at the Bus Stops (both sides of road) at the corner of Sussex Inlet Road and Jacobs Drive to improve the safety of students and others departing buses.

RESOLVED (Clr White / Clr Pakes) MIN20.573

That Council:

1. Undertake urgent works on the footpath area on Sussex Inlet Road from the corner of Jacobs Drive to the walkway at Seaberry Street;

2. Undertake works at the Bus Stops (both sides of road) at the corner of Sussex Inlet Road and Jacobs Drive to improve the safety of students and others departing buses.

CL20.175 Notice of Motion - Callala Bay Community Gardens

HPERM Ref: D20/366843

Recommendation

That Council:

1. Congratulate Callala Bay Community Gardens Committee and members on the excellent work they have carried out in the Community Gardens and their tireless efforts to obtain grant funding for the gardens;

2. Engage with the President and Secretary of Callala Bay Community Gardens on establishing a new disabled footpath area from the existing main footpath on Emmett Street to the entry of the Community Gardens on the western side and undercover Council disabled Table and bench;

3. Negotiate with the Executive of the Community Gardens on a contribution for the new footpath.

RESOLVED (Clr White / Clr Watson) MIN20.574

That Council:

1. Congratulate Callala Bay Community Gardens Committee and members on the excellent work they have carried out in the Community Gardens and their tireless efforts to obtain grant funding for the gardens;

2. Engage with the President and Secretary of Callala Bay Community Gardens on establishing a new disabled footpath area from the existing main footpath on Emmett Street to the entry of the Community Gardens on the western side and undercover Council disabled Table and bench;

3. Negotiate with the Executive of the Community Gardens on a contribution for the new footpath.

CL20.176 Notice of Motion - Bendalong Manyana CFU Investigation of Options

HPERM Ref: D20/366872

Recommendation

That Council:

1. Engage with the Red Head Villages Association to investigate options available for Community Fire Units (CFU) for the geographically isolated villages of Manyana, Cunjurong Point, Bendalong, North Bendalong, and Berringer Lake;

2. Provide a report back to Council following the investigations and provide information on options available to the communities.

RESOLVED (Clr White / Clr Proudfoot) MIN20.575

That Council:

1. Engage with the Red Head Villages Association to investigate options available for Community Fire Units (CFU) for the geographically isolated villages of Manyana, Cunjurong Point, Bendalong, North Bendalong, and Berringer Lake;

2. Provide a report back to Council following the investigations and provide information on options available to the communities.

3. The report specifically include the organisational structure of the community fire units and the issues of training, PPE, insurance and other relevant matters.

CL20.177 Notice of Motion - Renaming - Reserve Wirreecoo Road, Berrara

HPERM Ref: D20/366939

Recommendation

That Council:

1. Investigate the renaming of the reserve (or part thereof) adjacent to Wirreecoo Road, on Silver Sands Drive Berrara to Rob Bourke Reserve;

2. Provide a report back to Council following Council investigations with a view to making an application to the Geographical Naming Board if appropriate.

RESOLVED (Clr White / Clr Pakes) MIN20.576

That Council:

1. Investigate the renaming of the reserve (or part thereof) adjacent to Wirreecoo Road, on Silver Sands Drive Berrara to Rob Bourke Reserve;

2. Provide a report back to Council following Council investigations with a view to making an application to the Geographical Naming Board if appropriate.

CL20.178 Notice of Motion - Boardwalk Callala Beach to Callala Bay – Beach Road & Emmett Street

HPERM Ref: D20/366986

Recommendation

That Council:

1. Investigate on the options available and costs to establish a boardwalk from Callala Beach to Callala Bay along Callala Beach Road and Emmett Street.

2. Provide a report back to Council following investigations.

RESOLVED (Clr White / Clr Proudfoot) MIN20.577

That Council:

1. Investigate on the options available and costs to establish a boardwalk from Callala Beach to Callala Bay along Callala Beach Road and Emmett Street.

2. Provide a report back to Council following investigations.

CL20.179 Notice of Motion - Bawley Point Marine Rescue

HPERM Ref: D20/367009

Recommendation

That Council:

1. Support a donation of $1,000 from the unallocated donation fund to assist with covering the costs to replace the carpet in the Bawley Point Marine Rescue building at Bawley Point;

2. Provide a letter of support to Bawley Point Marine Rescue for grant applications they are applying for.

RESOLVED (Clr White / Clr Proudfoot) MIN20.578

That Council:

1. Support a donation of $1,000 from the unallocated donation fund to assist with covering the costs to replace the carpet in the Bawley Point Marine Rescue building at Bawley Point;

2. Provide a letter of support to Bawley Point Marine Rescue for grant applications they are applying for.

CL20.180 Notice of Motion - Dogs Funding

HPERM Ref: D20/367151

Clr Alldrick – less than significant non pecuniary interest declaration – she is a dog owner and regularly uses the Nowra Showground as a dog off leash area – will remain in the room and will take part in discussion and vote.

Recommendation

That Council:

1. Allocate all funds received for penalty notices for pet registrations into an internal restricted account to be utilised for dog off leash areas including fencing, maintenance, and signage across the Shoalhaven;

2. Regular six-monthly reports be provided to Council on the account.

RESOLVED (Clr White / Clr Pakes) MIN20.579

That Council:

1. Allocate all funds received for penalty notices for pet registrations into an internal restricted account to be utilised for dog off leash areas including fencing, maintenance, and signage across the Shoalhaven;

2. Regular six-monthly reports be provided to Council on the account.

3. Identify $70,000 in the upcoming quarterly budget review and allocate the same amount in future annual budgets for fenced dog off leash areas, to cover the fencing, maintenance and signage of these areas.

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

Against: Clr Findley and Clr Kitchener

CL20.181 Notice of Motion - Milton/Ulladulla Settlement Strategy Urgent Review

HPERM Ref: D20/367172

Recommendation

That:

1. Council undertake an urgent review of the Milton/Ulladulla Settlement Strategy with the objective of increasing the availability of developable land in the Milton/Ulladulla area.

2. After a desktop audit is undertaken on options for the future urban expansion of the area, urgent discussions be held with relevant State Government Agencies regarding provision of strategic road crossings or traffic interchanges which may need to be constructed in association with the Milton/Ulladulla by-pass to facilitate future development.

3. A Council Oversight Committee be formed comprising the Ward Councillors, the CEO (or his nominees) and other available Councillors to oversee the development of the strategy.

4. The Committee be delegated authority the make decisions on behalf of Council in respect of the strategy.

5. Council appoint a Chairperson to head up the Committee.

Motion (Clr White / Clr Wells)

That:

1. Council undertake an urgent review of the Milton/Ulladulla Settlement Strategy with the objective of increasing the availability of developable land in the Milton/Ulladulla area.

2. After a desktop audit is undertaken on options for the future urban expansion of the area, urgent discussions be held with relevant State Government Agencies regarding provision of strategic road crossings or traffic interchanges which may need to be constructed in association with the Milton/Ulladulla by-pass to facilitate future development.

3. A Council Oversight Committee be formed comprising the Ward Councillors, the CEO (or his nominees) and other available Councillors to oversee the development of the strategy.

4. The Committee be delegated authority to make decisions on behalf of Council in respect of a draft Strategy to be ultimately considered for adoption by Council.

5. Council appoint Clr White as Chairperson of the Committee.

Amendment (Clr Findley / Clr Gartner)

That:

1. Council undertake an urgent review of the Milton/Ulladulla Settlement Strategy with the objective of increasing the availability of developable land in the Milton/Ulladulla area.

2. After a desktop audit is undertaken on options for the future urban expansion of the area, urgent discussions be held with relevant State Government Agencies regarding provision of strategic road crossings or traffic interchanges which may need to be constructed in association with the Milton/Ulladulla by-pass to facilitate future development.

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

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

AMENDMENT lost

RESOLVED (Clr White / Clr Wells) MIN20.580

That:

1. Council undertake an urgent review of the Milton/Ulladulla Settlement Strategy with the objective of increasing the availability of developable land in the Milton/Ulladulla area.

1. After a desktop audit is undertaken on options for the future urban expansion of the area, urgent discussions be held with relevant State Government Agencies regarding provision of strategic road crossings or traffic interchanges which may need to be constructed in association with the Milton/Ulladulla by-pass to facilitate future development.

2. A Council Oversight Committee be formed comprising the Ward Councillors, the CEO (or his nominees) and other available Councillors to oversee the development of the strategy.

3. The Committee be delegated authority to make decisions on behalf of Council in respect of a draft Strategy which will ultimately be considered for adoption by Council.

4. Council appoint Clr White as Chairperson of the Committee.

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

Against: Clr Gartner and Clr Levett

CL20.182 Notice of Motion - Vincentia Community Connectivity - Proposed Vincentia Pathway Network

HPERM Ref: D20/367417

Recommendation

That Council:

1. Accept and review the Report/Plans from Vincentia Ratepayers Association (VRRA) on the proposed Vincentia Pathway Network;

2. Staff provide a report back to Council regarding:

a. Funding and grant options available for the completion of the plans;

b. Timeframes for stages and completion of the plans;

3. Thank the VRRA and members for providing the detailed Report/Plans;

4. Investigate immediately, the construction of a footpath from Fredericks Street to Elizabeth Drive on Minerva Drive due to the dangerous mix of traffic and pedestrians.

RESOLVED (Clr White / Clr Watson) MIN20.581

That Council:

1. Accept and review the Report/Plans from Vincentia Ratepayers Association (VRRA) on the proposed Vincentia Pathway Network;

2. Staff provide a report back to Council regarding:

a. Funding and grant options available for the completion of the plans;

b. Timeframes for stages and completion of the plans;

3. Thank the VRRA and members for providing the detailed Report/Plans;

4. Investigate immediately, the construction of a footpath from Fredericks Street to Elizabeth Drive on Minerva Drive due to the dangerous mix of traffic and pedestrians.

CL20.183 Notice of Motion - Donation for Plaque - Ulladulla SES Unit

HPERM Ref: D20/369299

Recommendation

That Council donate to the Ulladulla SES Unit $100 for a plaque dedicated to Ian Bassam who tragically lost his life during the Father’s Day Windstorm event in 2010. The money is to be allotted from the unallocated donations vote.

RESOLVED (Clr Kitchener / Clr Pakes) MIN20.582

That Council donate to the Ulladulla SES Unit $100 for a plaque dedicated to Ian Bassam who tragically lost his life during the Father’s Day Windstorm event in 2010. The money is to be allotted from the unallocated donations vote.

Procedural Motion - Adjournment of Meeting

RESOLVED (Clr Guile / Clr Wells) MIN20.583

That the meeting be adjourned for 30 minutes to allow for refreshments.

The meeting adjourned the time being 7.13pm.

The meeting reconvened the time being 7.39pm

The following members were present:

Clr Amanda Findley - Chairperson

Clr Joanna Gash

Clr John Wells

Clr Patricia White

Clr Nina Digiglio

Clr Kaye Gartner

Clr Annette Alldrick

Clr John Levett

Clr Andrew Guile

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot

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

Report of the Strategy & Assets Committee - 11 August 2020

SA20.138 Notice of Motion - Supporting the Bomaderry Swamp Rats

HPERM Ref: D20/348721

RESOLVED* (Clr Wells / Clr Proudfoot) MIN20.584

That:

1. The CEO (Director City Lifestyles) prepare a report back to Council outlining the following:

a. Cost for installation of CCTV around the Club house

b. A budget source be identified for the installation of CCTV

c. Any immediate measures that can be taken to improve the security around the sporting complex

2. Council donate $1500.00 from the unallocated donation fund to assist to cover the costs from the break in.

3. The report examine the options for seed funding and the use of Council’s contribution for that purpose.

SA20.145 Transport NSW Compulsory Acquisition Jellicoe St South Nowra

HPERM Ref: D20/259795

RESOLVED* (Clr Wells / Clr Proudfoot) MIN20.585

That Council

1. Agree to the Compulsory Acquisition by Transport NSW of approximately 138 sqm of road reserve as shown yellow on Attachment 1 (D20/274312) for nil compensation in accordance with Section 206 of the Roads Act 1993

2. 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.

SA20.146 Proposed Temporary Licence - State Emergency Services - Thomson St Sporting Complex - 19 Thomson St Sussex Inlet

HPERM Ref: D20/102459

RESOLVED* (Clr Wells / Clr Proudfoot) MIN20.586

That Council:

1. Enter into a 12-month ground licence over part Lot 159 DP 42824 Thomson St, Sussex Inlet, with NSW SES for the purpose of flood emergency equipment storage (location per D20/233492).

2. Acknowledge the following fees associated with point 1 above have been waived by the CEO:

a. Annual rent being $507 (excluding GST);

b. Council Licence application fee being $400.40 (excluding GST);

3. Authorise the Chief Executive Officer (CEO) to sign all documentation required to give effect to this resolution and affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed.

SA20.147 Proposed Retail Lease to Applied Connections Pty Ltd - 5/3 Schofields Lane, Nowra

HPERM Ref: D20/201790

RESOLVED* (Clr Wells / Clr Proudfoot) MIN20.587

That Council:

1. Enter into a three (3) year lease plus two three (3) year options (3 + 3) for Part Lot 2 DP 591885 known as 5/3 Schofields Lane Nowra with Applied Connections Pty Ltd trading as Glue Pot Shoe Repairs at a commencement rent of $16,000 (excl GST) pa + outgoings with annual 3% increases and market review at the end of each three year term.

2. Authorise 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.

SA20.148 Proposed Retail Lease to Hair by Shannyn McCarthy - 1/3 Schofields Lane Nowra

HPERM Ref: D20/331284

RESOLVED* (Clr Wells / Clr Proudfoot) MIN20.588

That Council:

1. Enter into a one (1) year lease plus one two (2) year option (1 + 2) for part Lot 2 DP 591885 known as 1/3 Schofields Lane Nowra with Shannyn McCarthy trading as Hair by Shannyn McCarthy for the purpose of a hair dressing salon and related services at a commencement rent of $15,600 (excl GST) pa + outgoings with annual 3% increases and market review at the end of each erm.

2. Authorise 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.

Report of the Shoalhaven Arts Board - 26 June 2020

AB20.16 Shoalhaven Entertainment Centre Councillor Reference Group Meeting - 12/06/2020

HPERM Ref: D20/241892

RESOLVED* (Clr Wells / Clr Proudfoot) MIN20.589

That Council receive the Shoalhaven Entertainment Centre Councillor Reference Group report for information.

Report of the Homelessness Taskforce Shoalhaven - 24 July 2020

HT20.1 Homelessness Taskforce Shoalhaven (55584E)

HPERM Ref: D20/278023

Recommendation

That Council endorse the Taskforce recommendation that Council:

1. Discontinue the operation of the Homelessness Taskforce Shoalhaven; and

2. Thank the members of The Homelessness Taskforce for their commitment and hard work since its establishment; and

3. Rescind the Homelessness Taskforce Terms of Reference (POL17/77); and

4. Utilise the existing Shoalhaven Homelessness and Good Living Conditions Interagency to continue to provide and receive formal updates on Homelessness and as a mechanism for Council to seek strategic advice on homelessness; and

5. Staff request the Shoalhaven Homelessness and Good Living Conditions Interagency extend an invitation to all Shoalhaven City Councillors to attend the Interagency and be included on the distribution list for meeting agendas and minutes; and

6. Establish an annual Shoalhaven Homelessness Forum to discuss homelessness in the Shoalhaven.

RESOLVED (Clr Digiglio / Clr Findley) MIN20.590

That Council endorse the Taskforce recommendation that Council:

1. Discontinue the operation of the Homelessness Taskforce Shoalhaven; and

2. Thank the members of The Homelessness Taskforce for their commitment and hard work since its establishment; and

3. Rescind the Homelessness Taskforce Terms of Reference (POL17/77); and

4. Utilise the existing Shoalhaven Homelessness and Good Living Conditions Interagency to continue to provide and receive formal updates on Homelessness and as a mechanism for Council to seek strategic advice on homelessness; and

5. Staff request the Shoalhaven Homelessness and Good Living Conditions Interagency extend an invitation to all Shoalhaven City Councillors to attend the Interagency and be included on the distribution list for meeting agendas and minutes; and

6. Establish an annual Shoalhaven Homelessness Forum to discuss homelessness in the Shoalhaven.

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

Against: Clr Pakes

Report of the Shoalhaven Traffic Committee - 11 August 2020

TC20.32 Parking Restrictions - Park Road - Nowra (PN 3603)

HPERM Ref: D20/340218

RESOLVED* (Clr Wells / Clr Proudfoot) MIN20.591

That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed installation of 16m of C3 yellow 'No Stopping' linemarking over the driveway accesses of 26 and 28 Park Road, Nowra as per Plan No: D20/340403.

TC20.33 Woollamia Boat Ramp - Internal Linemarking - Untie Area - Woollamia (PN 3604)

HPERM Ref: D20/340232

RESOLVED* (Clr Wells / Clr Proudfoot) MIN20.592

That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed linemarking associated with the untying area upgrades to the Woollamia Boat Ramp, as per Plan No: D20/340407.

TC20.34 Signage and Linemarking Plan - 8 Homestead Lane - Berry - Lot 101 DP 1057897 - Tourist Accommodation (PN 3605)

HPERM Ref: D20/340253

RESOLVED* (Clr Wells / Clr Proudfoot) MIN20.593

That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed signage and line marking associated with the development at Lot 101 DP 1057897, 8 Homestead Lane, Berry (per development consent condition 54), as per Plan No: D20/340420, subject to the following:

1. Provide for C3 ‘No Stopping’ yellow linemarking to supplement proposed No Stopping signage across the Homestead Lane and Queen Street frontages of the site to better synergise with implemented restrictions.

Reports

CL20.188 Investment Report - July 2020

HPERM Ref: D20/366335

Recommendation

That:

1. The report of the Chief Executive Officer (Director City Performance) on the Record of Investments for the period to 31 July 2020 be received for information.

2. Council note Council’s investment portfolio returned 1.63% for the month of July 2020, exceeding the benchmark AusBond Bank Bill Index (0.11% pa) by 152 basis points (1.52%).

RESOLVED (Clr Proudfoot / Clr Wells) MIN20.594

That:

1. The report of the Chief Executive Officer (Director City Performance) on the Record of Investments for the period to 31 July 2020 be received for information.

2. Council note Council’s investment portfolio returned 1.63% for the month of July 2020, exceeding the benchmark AusBond Bank Bill Index (0.11% pa) by 152 basis points (1.52%).

CL20.189 Tenders - Report - Boongaree Nature Play Park - Civil & Landscaping Package

HPERM Ref: D20/353780

RESOLVED* (Clr Wells / Clr Proudfoot) MIN20.595

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

CL20.190 Submissions – NSW Housing Strategy and Infrastructure Contributions Review

HPERM Ref: D20/332830

Recommendation

That Council endorse the draft submissions on the following planning policies to enable them to be formally submitted to the NSW Government:

1. NSW Housing Strategy Discussion Paper – Submission to the NSW Department of Planning, Industry & Environment (Attachment 1)

2. Review of Infrastructure Contributions Issues Paper in NSW – Submission to the Productivity Commissioner of NSW Treasury (Attachment 2).

RESOLVED (Clr Proudfoot / Clr Wells) MIN20.596

That Council endorse the draft submissions on the following planning policies to enable them to be formally submitted to the NSW Government:

1. NSW Housing Strategy Discussion Paper – Submission to the NSW Department of Planning, Industry & Environment (Attachment 1)

2. Review of Infrastructure Contributions Issues Paper in NSW – Submission to the Productivity Commissioner of NSW Treasury (Attachment 2).

CL20.191 Advice – Manyana Residential Subdivision – Controlled Action under Environment Protection & Biodiversity Conservation Act 1999

HPERM Ref: D20/367771

Recommendation

That:

1. Council receive the report on the declaration of the proposed Manyana Beach residential subdivision and associated infrastructure as a ‘controlled action’ under the Commonwealth Environment Protection and Biodiversity Conservation (EPBC) Act 1999, for information.

2. Given the subsequent EPBC Act decision noted in the report, Council defer any further consideration regarding the land acquisition options until the outcome of that process is clearer and advise the NSW Minister for Planning & Public Spaces, Rob Stokes MP, and the NSW Department of Planning, Industry and Environment (DPIE) accordingly.

Motion (Clr Findley / Clr Digiglio)

That:

1. Council receive the report on the declaration of the proposed Manyana Beach residential subdivision and associated infrastructure as a ‘controlled action’ under the Commonwealth Environment Protection and Biodiversity Conservation (EPBC) Act 1999, for information.

2. Given the subsequent EPBC Act decision noted in the report, Council defer any further consideration regarding the land acquisition options until the outcome of that process is clearer and advise the NSW Minister for Planning & Public Spaces, Rob Stokes MP, and the NSW Department of Planning, Industry and Environment (DPIE) accordingly.

3. Council consider a funding contribution if a further request is received from the NSW State Government.

Clr Gartner raised a point of Order against Clr Guile regarding his comments about the community.

The Mayor ruled against the Point of Order and asked Clrs to be mindful of comments.

The Mayor raised a Point of Order against Clr Pakes and asked him to withdraw his comments for referencing discussions between herself and the CEO during the meeting.

Clr Pakes withdrew his comments and apologised unreservedly.

Note: Clr Kitchener and Clr Digiglio left the meeting at 8.32pm

Procedural Motion - Adjournment of Meeting (Clr Pakes)

That the meeting be adjourned for a short period of time.

PROCEDURAL MOTION CARRIED

The meeting adjourned the time being 8.32pm

The meeting reconvened the time being 8.36pm

The following members were present:

Clr Amanda Findley - Chairperson

Clr Joanna Gash

Clr John Wells

Clr Patricia White

Clr Kaye Gartner

Clr Annette Alldrick

Clr John Levett

Clr Andrew Guile

Clr Mitchell Pakes

Clr Greg Watson

Clr Bob Proudfoot

Note: Clr Kitchener and Clr Digiglio returned to the meeting at 8.40pm

Motion (Clr Findley / Clr Digiglio)

That:

1. Council receive the report on the declaration of the proposed Manyana Beach residential subdivision and associated infrastructure as a ‘controlled action’ under the Commonwealth Environment Protection and Biodiversity Conservation (EPBC) Act 1999, for information.

2. Given the subsequent EPBC Act decision noted in the report, Council defer any further consideration regarding the land acquisition options until the outcome of that process is clearer and advise the NSW Minister for Planning & Public Spaces, Rob Stokes MP, and the NSW Department of Planning, Industry and Environment (DPIE) accordingly.

3. Council consider a funding contribution if a further request is received from the NSW State Government.

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

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

MOTION LOST

Foreshadowed Motion (Clr Guile / Clr Watson)

That:

1. Council receive the report on the declaration of the proposed Manyana Beach residential subdivision and associated infrastructure as a ‘controlled action’ under the Commonwealth Environment Protection and Biodiversity Conservation (EPBC) Act 1999, for information.

2. Inform the NSW Minister for Planning & Public Spaces, Rob Stokes MP that as a result of the Black Summer bushfire’s impact on Council and infrastructure in the community and the impact of COVID-19 on the community, Council is not in the position to buy back the property, or any acquisition would need to be made by the State Government or Federal Government if they are able to contribute.

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

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

FORESHADOWED MOTION lost

FORESHADOWED MOTION 2 (RESOLVED) (Clr Proudfoot / Clr Levett) MIN20.597

That:

1. Council receive the report on the declaration of the proposed Manyana Beach residential subdivision and associated infrastructure as a ‘controlled action’ under the Commonwealth Environment Protection and Biodiversity Conservation (EPBC) Act 1999, for information.

2. Given the subsequent EPBC Act decision noted in the report, Council defer any further consideration regarding the land acquisition options until the outcome of that process is clearer and advise the NSW Minister for Planning & Public Spaces, Rob Stokes MP, and the NSW Department of Planning, Industry and Environment (DPIE) accordingly.

For: Clr Findley, Clr Gash, Clr Wells, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Kitchener and Clr Proudfoot

Against: Clr White, Clr Guile, Clr Pakes and Clr Watson

FORESHADOWED MOTION 2 CARRIED

CL20.192 SEATS Meeting - August 2020

HPERM Ref: D20/372681

RESOLVED* (Clr Wells / Clr Proudfoot) MIN20.598

That Council receive the report from Clr Patricia White on the SEATS Meeting for information.

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 Wells) MIN20.599

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.

CCL20.8 Tenders – Confidential Report - Boongaree Nature Play Park - Civil & Landscaping Package

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.

Note: Clr Alldrick and Clr Guile left at 9.03pm

The meeting moved into confidential the time being 9.03pm.

The meeting moved into open session, the time being 9.09pm.

Report from confidential session

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

CCL20.8 Tenders – Confidential Report - Boongaree Nature Play Park - Civil & Landscaping Package

HPERM Ref: D20/353776

RESOLVED MIN20.600C

That:

1. Council endorses the recommendation of the Tender Evaluation Team and accepts the Tender from Regal Innovations Pty Ltd for Boongaree Nature Play Park – Civil & Landscaping Package at a total cost of $2,789,982 (excluding GST). Tender Reference 64103E.

2. The contract documents and any other associated documents be executed on behalf of the Council in accordance with cl165 of the Local Government Regulation by the CEO (Director City Lifestyles), as the Principal’s Representative.

There being no further business, the meeting concluded, the time being 9.10pm.

Clr Findley

CHAIRPERSON