Minutes of Ordinary Meeting - 27 July 2021

Minutes of the Ordinary Meeting

Meeting Date: Tuesday, 27 July 2021

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 Patricia White

Clr John Wells

Clr Kaye Gartner

Clr Nina Digiglio

Clr Annette Alldrick

Clr John Levett

Clr Andrew Guile – arrived at 5.22pm – left at 9.36pm

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot – (remotely)

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 Captain Matt Sutcliffe and the playing of the Australian National Anthem.

Apologies / Leave of Absence

Nil

Confirmation of the Minutes

RESOLVED (Clr Pakes / Clr Digiglio) MIN21.521

That the Minutes of the Ordinary Meeting of Ordinary Meeting held on Tuesday 29 June 2021 be confirmed.

Declarations of Interest

Clr Guile – less than significant non pecuniary interest declaration – CL21.139 Notice of Motion - Request for Donation: Green Mountain Community School – He is a director of a school in Googong – will remain in the room and will take part in discussion and vote.

Clr Findley – CL21.135 Rescission Motion - SA21.115 Local Government Remuneration Tribunal - Councillor and Mayoral Fees 2021/2022 - Superannuation Payments – significant pecuniary interest declaration – Will leave the room and not take part in discussion or vote – the Motion is to vote on her own payment alone.

Presentation of Petitions

Clr White presented a petition containing 916 signatures which states:

The Callala Bay Community Association, on behalf of the residents and visitors of Callala Bay, asks Shoalhaven City Council to construct a shared pathway alongside Sheaffe Street from Lackersteen Street to connect with the pathway at Callala Bay.

The proposed shared pathway would run along the southern side of Sheaffe Street providing safe pedestrian and cycle access to the bay and children’s playground from the shopping centre and skate park.

Sheaffe Street is the main access road to the bay and boat ramp frequented by visitors and residents. It has high vehicular usage especially in holiday time as well as the regular bus route. Pedestrians have no option other than to walk on this busy roadway as the footpath is blocked by a stand of trees with cars often parked at the curb.

Mayoral Minute

MM21.17 Mayoral Minute - Welcoming Cities Network Membership Endorsement

HPERM Ref: D21/303944

Recommendation

That Council accept the fee free Network Membership to Welcoming Cities Network which will enhance Council’s commitment to being a refugee welcome zone.

RESOLVED (Clr Findley / Clr Alldrick) MIN21.522

That Council accept the fee free Network Membership to Welcoming Cities Network which will enhance Council’s commitment to being a refugee welcome zone.

MM21.18 Mayoral Minute - Review of Current Planning & Development Controls - SP3 Zone South Ulladulla

HPERM Ref: D21/304727

Recommendation

That Council review the current planning and development controls applying to 252 Princes Highway, Ulladulla (Lot 1 DP 784732) and other adjacent land zoned SP3 Tourism in Shoalhaven Local Environmental Plan 2014 as part of the review of the Milton-Ulladulla Structure Plan that is currently underway, including consideration of current and proposed future uses and vehicle access arrangements.

RESOLVED (Clr Findley / Clr White) MIN21.523

That Council review the current planning and development controls applying to 252 Princes Highway, Ulladulla (Lot 1 DP 784732) and other adjacent land zoned SP3 Tourism in Shoalhaven Local Environmental Plan 2014 as part of the review of the Milton-Ulladulla Structure Plan that is currently underway, including consideration of current and proposed future uses and vehicle access arrangements.

Note: Clr Guile joined the meeting at 5.22pm

Deputations and Presentations

CL21.139 – Notice of Motion – Request for Donation: Green Mountain Community School

Ms Tonia Gray and Ms Rachel Ross, representing Green Mountain School, addressed the meeting and spoke in favour of the recommendation.

CL21.144 – Notice of Motion – In Memory of Georgia Fletcher

Ms Suzanne Hammond-Warne addressed the meeting and spoke in favour of the recommendation.

CL21.158 – DA20/2172 - 8 Homestead Lane Berry - Lot 101 DP 1057897

Mr Paul Johns addressed the meeting and spoke in favour of the recommendation.

Mr Matthew Quinn addressed the meeting and spoke against the recommendation.

Procedural Motion - Matters of Urgency

Motion (Clr Pakes / Clr Guile)

That the following Addendum items be introduced as matters of urgency:

· CL21.158 - DA20/2172 – 8 Homestead Lane Berry– Lot 101 DP 105897

· CL21.159 - Postponement of Local Government Election until 4 December 2021 - Schedule of Meetings

The Chairperson ruled the matters as urgent as they relate to urgent business of the Council.

Procedural Motion - Bring Item Forward

RESOLVED (Clr Gash / Clr Wells) MIN21.524

That the matters of the following items be brought forward for consideration:

· CL21.139 - Notice of Motion - Request for Donation: Green Mountain Community School

· CL21.144 - Notice of Motion - In Memory of Georgia Fletcher

· CL21.158 - DA20/2172 – 8 Homestead Lane Berry– Lot 101 DP 105897

CL21.139 Notice of Motion - Request for Donation: Green Mountain Community School

HPERM Ref: D21/100650

Clr Guile – less than significant non pecuniary interest declaration – He is a director of a school in Googing - remained in the room and took part in discussion and voted.

Recommendation

That Council provide $2,500 from the unallocated donations budget to the Board of Green Mountain School for Rudolf Steiner Education as a contribution to fundraising efforts for costs associated with submitting a Site Specific DA (SSDA) and applying for registration with the NSW Education Standards Board.

RESOLVED (Clr Gartner / Clr Digiglio) MIN21.525

That Council provide $2,500 from the unallocated donations budget to the Board of Green Mountain School for Rudolf Steiner Education as a contribution to fundraising efforts for costs associated with submitting a Site Specific DA (SSDA) and applying for registration with the NSW Education Standards Board.

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

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

CL21.144 Notice of Motion - In Memory of Georgia Fletcher

HPERM Ref: D21/300000

Recommendation

That Council:

1. Investigate the renaming of the Playground equipment area in Ellmoos Reserve (adjacent to RSL Building) to the memory of Georgia Fletcher.

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

RESOLVED (Clr White / Clr Pakes) MIN21.526

That Council rename the Playground equipment area in Ellmoos Reserve (adjacent to RSL Building) to the Georgia Fletcher Playground, dedicated to the memory of Georgia Fletcher, subject to any necessary community consultation and parental consent.

CL21.158 DA20/2172 – 8 Homestead Lane Berry– Lot 101 DP 105897

HPERM Ref: D21/300056

Recommendation

The Development Application DA20/2172, for alterations and additions to an existing building and use as a function centre at 8 Homestead Lane Berry - Lot 101 DP 1057897, be determined by way of refusal for the reasons set out in the Notice of Determination, Attachment 5 to this report.

Motion (Clr Guile / Clr Gash)

That Council approve the Conservation Management Plan prepared by Navin Officer (Project No. 211049, dated 23/04/2021), Statement of Heritage Impact prepared by Navin Officer (Project No. 211048, dated 22/04/2021) and Capital Works & Maintenance Cost Report prepared by Mitchell Brandtman dated 25 January 2021 (Project Ref No. 28644),

And, subsequently approve the Development Application DA20/2172 for the reasons below and subject to the conditions contained in Attachment 2 to this report;

Reasons:

Council, as the consent authority, is satisfied that:

a. the conservation of Mananga Homestead is facilitated by the granting of consent, and

b. the proposed development is in accordance with the heritage management documents previously referenced and approved in this resolution, and

c. the consent to the proposed development will require that all necessary conservation work identified in the heritage management documents is carried out, and

d. the proposed development will not adversely affect the heritage significance of Mananga Homestead including its setting, and

e. the proposed development will not have any significant adverse effect on the amenity of the surrounding area.

PROCEDURAL Motion (Clr Wells / Clr White)

That the MOTION be PUT.

For: Clr Findley, Clr White, Clr Gartner, Clr Wells, Clr Levett, Clr Kitchener and Clr Proudfoot

Against: Clr Gash, Clr Digiglio, Clr Alldrick, Clr Guile, Clr Pakes and Clr Watson

carried

RESOLVED (Clr Guile / Clr Gash) MIN21.527

That Council approve the Conservation Management Plan prepared by Navin Officer (Project No. 211049, dated 23/04/2021), Statement of Heritage Impact prepared by Navin Officer (Project No. 211048, dated 22/04/2021) and Capital Works & Maintenance Cost Report prepared by Mitchell Brandtman dated 25 January 2021 (Project Ref No. 28644),

And, subsequently approve the Development Application DA20/2172 for the reasons below and subject to the conditions contained in Attachment 2 to this report;

Reasons:

Council, as the consent authority, is satisfied that:

a. the conservation of Mananga Homestead is facilitated by the granting of consent, and

b. the proposed development is in accordance with the heritage management documents previously referenced and approved in this resolution, and

c. the consent to the proposed development will require that all necessary conservation work identified in the heritage management documents is carried out, and

d. the proposed development will not adversely affect the heritage significance of Mananga Homestead including its setting, and

e. the proposed development will not have any significant adverse effect on the amenity of the surrounding area.

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

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

Procedural Motion - Bring Item Forward

RESOLVED (Clr Pakes / Clr Findley) MIN21.528

That the matter of item CL21.159 - Postponement of Local Government Election until 4 December 2021 - Schedule of Meetings be brought forward for consideration.

CL21.159 Postponement of Local Government Election until 4 December 2021 - Schedule of Meetings

HPERM Ref: D21/310775

Recommendation

That Council

1. Consider this item in conjunction with item CL21.152 – Council Meeting dates – Proposed Amendments.

2. Note the information outlined in the attached Office of Local Government Circular 21-20 on the postponement of the Local Government Elections, including the key election dates outlined in this report.

3. Schedule Meeting dates for the period of August to November 2021 as follows:

· Tuesday 3 August 2021 at 5pm – Ordinary Meeting (As per existing Schedule)

· Monday 9 August to Friday 21 August 2021 – Meeting Recess

· Tuesday 31 August 2021 at 5pm – Ordinary Meeting

· Tuesday 7 September 2021 at 5pm – Development & Environment Committee

· Tuesday 14 September 2021 at 5pm – Strategy & Assets Committee

· Tuesday 28 September 2021 at 5pm – Ordinary Meeting

· Tuesday 5 October 2021 at 5pm - Development & Environment Committee

· Tuesday 12 October 2021 at 5pm – Strategy & Assets Committee

· Tuesday 26 October 2021 at 5pm – Ordinary Meeting

· Tuesday 2 November 2021 at 5pm – Ordinary Meeting (Last meeting of term before Caretaker Period commences on 5 November 2021)

RESOLVED (Clr Pakes / Clr Findley) MIN21.529

That Council:

1. Consider this item in conjunction with item CL21.152 – Council Meeting dates – Proposed Amendments.

2. Note the information outlined in the attached Office of Local Government Circular 21-20 on the postponement of the Local Government Elections, including the key election dates outlined in this report.

3. Schedule Meeting dates for the period of August to November 2021 as follows:

· Tuesday 3 August 2021 at 5pm – Ordinary Meeting (As per existing Schedule)

· Monday 9 August to Friday 21 August 2021 – Meeting Recess

· Tuesday 31 August 2021 at 5pm – Ordinary Meeting

· Tuesday 7 September 2021 at 5pm – Development & Environment Committee

· Tuesday 14 September 2021 at 5pm – Strategy & Assets Committee

· Tuesday 28 September 2021 at 5pm – Ordinary Meeting

· Tuesday 5 October 2021 at 5pm - Development & Environment Committee

· Tuesday 12 October 2021 at 5pm – Strategy & Assets Committee

· Tuesday 26 October 2021 at 5pm – Ordinary Meeting

· Tuesday 2 November 2021 at 5pm – Ordinary Meeting (Last meeting of term before Caretaker Period commences on 5 November 2021)

4. With the exception of the election of the Deputy Mayor and Assistant Deputy Mayor, confirm that all committee chairs, advisory committee and other group and external memberships and their delegations will remain as per the status quo until 4 December 2021.

5. Write to the Premier and the Minister for Local Government requesting confirmation that a COVID-safe election will be held on 4 December 2021, and request the NSW State Government reimburse the costs incurred by councils and registered candidates to date.

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

Against: Clr Gash, Clr Guile and Clr Proudfoot

Clr Gartner raised a Point of Order against Clr Guile for being disrespectful of arguments put forward by Councillors. The Mayor did not rule it as a Point of Order.

Notices of Motion / Questions on Notice

CL21.135 Rescission Motion - SA21.115 Local Government Remuneration Tribunal - Councillor and Mayoral Fees 2021/2022 - Superannuation Payments

HPERM Ref: D21/269216

Clr Findley - significant pecuniary interest declaration – Left the room and did not take part in discussion or vote – the Motion is to vote on her own payment alone.

Note: Clr Findley left the meeting at 6.52pm

Note: Clr Watson assumed the Chair at 6.52pm

Recommendation

That Council rescind the Motion relating to Item SA21.115 Local Government Remuneration Tribunal – Councillor and Mayoral Fees 2021/2022 of the Council Meeting held on Tuesday 29 June 2021.

Clr Gartner raised a Point of Order against Clr Pakes for asserting the documentation she had presented was out of date, and sought to make a Point of Clarification. The Chair ruled Clr Gartner was being disorderly, as a point of clarification is only for the Chair to seek.

The Chair warned Clr Gash not to make allegations about other Councillors and asked her to apologise. Clr Gash refused to apologise. The Chair ruled Clr Gash was being disorderly.

Clr Gartner raised a Point of Order against the Chair for speaking at length. The Chair ruled her as being disorderly. The Chair advised that Clr Gartner may be ejected from the meeting unless she apologised. Clr Gartner apologised without reservation.

PROCEDURAL Motion (Clr Gartner / Clr Gash)

That the MOTION be PUT.

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

Against: Clr Pakes

CARRIED

RESOLVED (Clr Guile / Clr Pakes) MIN21.530

That Council rescind the Motion relating to Item SA21.115 Local Government Remuneration Tribunal – Councillor and Mayoral Fees 2021/2022 of the Council Meeting held on Tuesday 29 June 2021.

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

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

CARRIED on the CASTING VOte of the CHAIR.

Note: Clr Alldrick left the meeting at 7:20pm

CL21.136 Notice of Motion - SA21.115 Local Government Remuneration Tribunal - Councillor and Mayoral Fees 2021/2022 - Superannuation Payments

HPERM Ref: D21/269267

Recommendation

That Council:

1. Note the Local Government Remuneration Tribunal’s Annual Report and Determination dated 23 April 2021.

2. Maintain the Councillor Fee to $24,320 and the Additional Mayoral Fee to $24,320 until after the September 2021 election.

3. Note that the matter of superannuation payments for Councillors from July 2022 will be a policy matter for determination by the Council following the September 2021 Council Elections

RESOLVED (Clr Guile / Clr Pakes) MIN21.531

That Council:

1. Note the Local Government Remuneration Tribunal’s Annual Report and Determination dated 23 April 2021.

2. Maintain the Councillor Fee at $24,320 and the Additional Mayoral Fee at $53,250 until after the December 2021 election.

3. Note that the matter of superannuation payments for Councillors from July 2022 will be a policy matter for determination by the Council following the December 2021 Council Elections.

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

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

Note: Clr Findley returned to the meeting and resumed the Chair at 7.34pm

Note: Clr Alldrick returned to the meeting at 7:35pm

Procedural Motion - Adjournment of Meeting

Motion (Clr Gash / Clr Gartner)

That the meeting be adjourned until 8.05pm.

CARRIED

Note: The meeting adjourned, the time being 7.35pm

Note: The meeting reconvened, the time being 8.08pm

The following members were present:

Clr Amanda Findley - Chairperson

Clr Joanna Gash

Clr Patricia White

Clr John Wells

Clr Kaye Gartner

Clr Nina Digiglio

Clr Annette Alldrick

Clr John Levett

Clr Andrew Guile – left at 9.36pm

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot – (remotely)

CL21.137 Rescission Motion - SA21.164 - Worrigee / South Nowra / East Nowra Investigations - Aquatic Centre & Integrated Recreational Strategic Plan

HPERM Ref: D21/303476

Recommendation

That Council rescind the Motion relating to SA21.164 Worrigee / South Nowra / East Nowra Investigations - Aquatic Centre & Integrated Recreational Strategic Plan of the Strategy & Assets Committee 20 July 2021.

The item was withdrawn to be resubmitted to the next available meeting.

CL21.138 Notice of Motion - SA21.64 Worrigee / South Nowra / East Nowra Investigations - Aquatic Centre & Integrated Recreational Strategic Plan

HPERM Ref: D21/303505

Recommendation

That Council:

1. Further investigate the need for a community centre / facility for the Worrigee, South Nowra & East Nowra areas under the review of the Community Infrastructure Strategic Plan and continue discussions with Schools Infrastructure NSW regarding access to Department of Education premises.

2. Include the creation of an integrated and connected recreational plan for the Worrigee / South Nowra and East Nowra areas under the review of the Community Infrastructure Strategic Plan, currently being undertaken by Council.

The item was withdrawn to be resubmitted to the next available meeting.

CL21.139 Notice of Motion - Request For Donation: Green Mountain Community School

HPERM Ref: D21/100650

Item dealt with earlier in the meeting see MIN21.525

CL21.140 Notice of Motion - Public Housing Crisis Meeting 9 July 2021

HPERM Ref: D21/292279

Recommendation

That Shoalhaven City Council advocate for their people by supporting them in writing letters to the State and Federal Ministers, including Shadow Ministers, on behalf of the community requesting that all levels of government address the systemic housing issues within the Shoalhaven (including social, affordable, private rental and barriers to home ownership).

MOTION (Clr Digiglio / Clr Levett) MIN21.532

That Shoalhaven City Council advocate for their people by supporting them in writing letters to the State and Federal Ministers, including Shadow Ministers, on behalf of the community requesting that all levels of government address the systemic housing issues within the Shoalhaven (including social, affordable, private rental and barriers to home ownership).

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

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

CL21.141 Notice of Motion - A Walkway / Cycleway from Nowra-Bomaderry to Gerringong

HPERM Ref: D21/296595

Recommendation

That Council make representations to the Minister for Regional Transport and Roads The Hon Paul Toole, the Minister for Tourism The Hon Stuart Ayres, the Member for Kiama Gareth Ward and the Minister for Local Government The Hon Shelley Hancock requesting consideration be given to the development of a shared walkway/cycleway from Gerringong to Nowra-Bomaderry in accordance with Transport for NSW’s active transport link standard whilst undertaking line duplication/heavy rail upgrading of the South Coast railway line.

RESOLVED (Clr Wells / Clr White) MIN21.533

That Council make representations to the Minister for Regional Transport and Roads The Hon Paul Toole, the Minister for Tourism The Hon Stuart Ayres, the Member for Kiama Gareth Ward and the Minister for Local Government The Hon Shelley Hancock requesting consideration be given to the development of a shared walkway/cycleway from Gerringong to Nowra-Bomaderry in accordance with Transport for NSW’s active transport link standard whilst undertaking line duplication/heavy rail upgrading of the South Coast railway line.

CL21.142 Notice of Motion - Boat / Vessel Maintenance - Shoalhaven Heads

HPERM Ref: D21/296636

Recommendation

That Council undertake an investigation and public consultation regarding a suitable location and design for a boat maintenance/servicing area for Shoalhaven Heads Township.

RESOLVED (Clr Wells / Clr Pakes) MIN21.534

That Council undertake an investigation and public consultation regarding a suitable location and design for a boat maintenance/servicing area for Shoalhaven Heads Township.

CL21.143 Notice of Motion - Jerry Bailey Oval - Provision of Amenities

HPERM Ref: D21/296688

Recommendation

That, should the amenities building funded in the 2021/2022 budget not be completed by the peak holiday season, Council provide portable toilets to Jerry Bailey Oval at that time.

RESOLVED (Clr Wells / Clr White) MIN21.535

That, should the amenities building funded in the 2021/2022 budget not be completed by the peak holiday season, Council provide portable toilets to Jerry Bailey Oval at that time.

CL21.144 Notice of Motion - In Memory of Georgia Fletcher

HPERM Ref: D21/300000

Item dealt with earlier in the meeting see MIN21.526

CL21.145 Notice of Motion - Pump Track Sussex Inlet

HPERM Ref: D21/283589

Recommendation

That Council:

1. In consultation with the community, take action to identify a suitable location for a pump track at Sussex Inlet.

2. Apply for grant funding to fund the project.

3. Include the project in a future Operational Plan.

RESOLVED (Clr Watson / Clr Pakes) MIN21.536

That Council:

1. In consultation with the community, take action to identify a suitable location for a pump track at Sussex Inlet.

2. Apply for grant funding to fund the project.

3. Include the project in a future Operational Plan.

CL21.146 Notice of Motion - Footpath Construction - Greenwell Point Road

HPERM Ref: D21/287081

Recommendation

That Council fund and undertake the construction of a missing 70m of footpath immediately West of Clipper Road on Greenwell Point Road, East Nowra.

RESOLVED (Clr Watson / Clr Levett) MIN21.537

That Council fund and undertake the construction of a missing 70m of footpath immediately West of Clipper Road on Greenwell Point Road, East Nowra.

CL21.147 Notice of Motion - Kangaroo Valley Pump Track Reserve

HPERM Ref: D21/300053

Recommendation

That Council waive the site fees for not for profit groups (service clubs and the like) for the reserve on which the Kangaroo Valley Pump Track is located.

RESOLVED (Clr Watson / Clr Pakes) MIN21.538

That Council waive the site fees for not for profit groups (service clubs and the like) for the reserve on which the Kangaroo Valley Pump Track is located.

CL21.148 Notice of Motion - Shoalhaven Motor Sports Complex (MSC)

HPERM Ref: D21/300208

Recommendation

To facilitate the development a Motor Sports Complex (MSC) in our City, Council undertake the following actions:

1. A steering committee be established to guide the development of an MSC. This committee to be made up of Councillors, Staff and members of the South Coast Motor Sports Club Inc. The members to be determined at the Call Meeting of the new Council.

2. Actively seeks funding for the establishment phase of this project from Federal and State Governments as part of their programs for rural and regional economic development.

3. Facilitate a review of land badly affected by bush fires in recent years to establish the extent of the proliferation of endangered species due to the opening up of these areas through the loss of tree coverage.

RESOLVED (Clr Watson / Clr Gash) MIN21.539

To facilitate the development a Motor Sports Complex (MSC) in our City, Council undertake the following actions:

1. A working party be established to guide the development of an MSC. This working party to be made up of Councillors, Staff and members of the South Coast Motor Sports Club Inc. The members to be determined at the Call Meeting of the new Council.

2. Actively seeks funding for the establishment phase of this project from Federal and State Governments as part of their programs for rural and regional economic development.

3. Facilitate a review of land badly affected by bush fires in recent years to establish the extent of the proliferation of endangered species due to the opening up of these areas through the loss of tree coverage.

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

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

Clr Pakes raised a Point of Order against Clr Gartner for interjecting while Councillors were speaking. The Mayor did not rule it a Point of Order.

Procedural Motion

Motion (Clr Pakes / Clr Digiglio)

That the meeting be extended to 10.00pm.

CARRIED

Procedural Motion – Items Resolved En Bloc

RESOLVED (Clr Wells / Clr Gash) MIN21.540

That the matters of the following items be resolved en bloc and marked with an asterisk (*):

· SA21.132 - Notice of Motion - Jindelara Cottage - 59 Nurrawallee Street, Ulladulla

· SA21.135 - Notice of Motion - Sussex Inlet Thompson Street Carpark

· SA21.142 - Future Directions - Nowra CBD Revitalisation

· SA21.144 - Proposed Land Acquisition - Part Lot 1 DP823269, The Wool Road Worrowing Heights

· SA21.145 - Proposed Road Closure - Part Unnamed Council Public Road R1234b160 and Proposed Road Opening Lot 74 DP 604846 - Milton

· SA21.147 - Transfer of Lot 1 DP 821499 Lynburn Ave Bomaderry to Community Association DP270517

· SA21.149 - Grant of Easement for overhead power lines to Epsilon Distribution Ministerial Holding Corporation (Endeavour Energy) - 333 Illaroo Road Bangalee and Lot 4 West Cambewarra Road North Nowra

· SA21.153 - Tenders - SCC Administration Building Lift No.2 Replacement

· SA21.157 - Ratepayer Advance - Kerb & Gutter Construction - Tomerong Street Currarong

· SA21.160 - Rate Payer Advance - Kerb & Gutter Installation - 24 to 38 Basin View Parade Basin View

· SA21.161 - Ratepayers Advance - Kerb & Gutter Construction 6, 10, 14, 16 Loralyn Avenue Sanctuary Point

· SA21.162 - Ratepayers Advance - Kerb & Gutter Construction - 123 & 125 Loralyn Avenue St Georges Basin

· SA21.163 - Request - Refund DA Fees - William Campbell Foundation - DA21/1384

· SA21.169 - Sanctuary Point Oval Athletics Field Improvements

· SA21.172 - Acquisition of sewer and electrical easements - 12 Flood Street Sussex Inlet

· SA21.173 - Acquisition of Easement for Sewer Pipeline - Lot 3 DP505763 at Terara

Report of the Strategy & Assets Committee - 20 July 2021

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

SA21.132 Notice of Motion - Jindelara Cottage - 59 Nurrawallee Street, Ulladulla

HPERM Ref: D21/288978

RESOLVED* (Clr Wells / Clr Gash) MIN21.541

That Council:

1. Fund all costs and provide necessary works required to relocate existing water and/or sewer services/mains on a portion of Nurrawallee Street (road reserve) that abuts the northern boundary of Jindelara Cottage (59 Princes Highway, Ulladulla) – subject Resolution MIN20.804.

2. Work with the Lions Ulladulla District Community Foundation to resolve any further issues.

3. Provide a report back to Council on any further issues that may arise.

SA21.135 Notice of Motion - Sussex Inlet Thompson Street Carpark

HPERM Ref: D21/289291

RESOLVED* (Clr Wells / Clr Gash) MIN21.542

That Council:

1. Fully seal the whole carpark located at the Community Centre in Thompson Street; this includes the current unsealed section (gravel) and driveway into the centre.

2. Work with the Thompson Street Management Committee on this project to ensure all work is carried out.

3. Note that the full construction and seal of a newly designed Thompson Street Carpark is a longer-term project that is not funded in Council’s current adopted budget or the long-term financial plan.

SA21.142 Future Directions - Nowra CBD Revitalisation

HPERM Ref: D21/278527

RESOLVED* (Clr Wells / Clr Gash) MIN21.543

That Council

1. Receive the report for information.

2. Endorse the ‘Revitalising Nowra Action Plan 2021-23’ (Attachment 1) as the basis for the Nowra CBD Revitalisation Strategy Committee’s activities for the period 2021-2023.

3. Maintain the annual budget allocation of $500,000 to support the implementation of the Action plan over the next three years and the principle that any unspent funds from the yearly allocation is rolled over to the next financial year to enable the Committee to strategically plan, respond flexibly and also undertake other relevant activities.

4. Commend the Nowra CBD Revitalisation Committee on the initiative of preparing the Action Plan.

SA21.144 Proposed Land Acquisition - Part Lot 1 DP823269, The Wool Road Worrowing Heights

HPERM Ref: D21/86520

RESOLVED* (Clr Wells / Clr Gash) MIN21.544

That Council:

1. Acquire an area of 619.1m²being part Lot 1 DP823269 for the requirement of intersection upgrade, by agreement with the owners for $5,420 plus GST (If Applicable);

2. Fund all costs associated with the acquisition from Funds Granted through the Federal and State Government Stimulus Commitment – Safety Works program - Work Finance Number 105262 Land Acquisition – The Wool Rd Mernie St CHR Project;

3. Delegate authority to the Chief Executive Office (Director City Services) to make minor adjustment to the purchase price, if necessary, in accordance with the settlement figure determined by Council Solicitor;

4. Affix the Common Seal of the Council of the City of Shoalhaven to any documents required to be sealed, otherwise, the Chief Executive Officer is authorised to sign any documentation necessary to give effect to this resolution;

5. Upon registration of the acquisition plan and settlement, authorise by notice in the Government Gazette, the dedication of Part Lot 1 DP 823269 in the proposed acquisition plan as public road in accordance with Section 10 of the Roads Act 1993.

SA21.145 Proposed Road Closure - Part Unnamed Council Public Road R1234b160 and Proposed Road Opening Lot 74 DP 604846 - Milton

HPERM Ref: D21/146512

RESOLVED* (Clr Wells / Clr Gash) MIN21.545

That Council:

1. Acquire Part Lot 74 DP 604846, being 10.06m wide and approximately 738m², shown in Attachment 1 (D21/249529) as Lot 742 for the purpose of public road in accordance with the Roads Act 1993;

2. Resolve to close part of public road - R1234b160, Milton, being 10.06m wide and approximately 881m², shown in Attachment 1 (D21/249529) as Lot 741 in accordance with the Roads Act 1993;

3. Authorise the transfer of proposed closed road (Lot 741) with the adjoining property owner, in exchange for proposed road (Lot 742);

4. Upon registration of transfer, authorise by notice in the Government Gazette, dedicate the acquired land identified in Attachment 1, Lot 742, as public road in accordance with Section 10 of the Roads Act 1993;

5. Require the closed road to be consolidated with Lot 74 DP 604846 following transfer to adjoining property owner;

6. Note that all costs associated with the road closure application will be paid in equal shares by the landowners in accordance with a Deed of Agreement (LD8125);

7. 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.

SA21.147 Transfer of Lot 1 DP 821499 Lynburn Ave Bomaderry to Community Association DP270517

HPERM Ref: D21/174776

RESOLVED* (Clr Wells / Clr Gash) MIN21.546

That Council:

1. Advertises its intention to transfer Lot 1 DP 821499 Lynburn Ave, Bomaderry and if no objections are received, authorise the transfer of Lot 1 DP 821499 at NIL compensation to Community Association DP270517;

2. Notes that each party be responsible for their own costs associated with the transfer;

3. Funds all of Council’s costs associated with the transfer from Project Finance Number 102364; and

4. Authorise the affixing of the Common Seal of the Council of the City of Shoalhaven to any documents requiring to be sealed and that the Chief Executive Officer be authorised to sign any documents necessary to give effect to this resolution.

SA21.149 Grant of Easement for overhead power lines to Epsilon Distribution Ministerial Holding Corporation (Endeavour Energy) - 333 Illaroo Road Bangalee and Lot 4 West Cambewarra Road North Nowra

HPERM Ref: D21/260796

RESOLVED* (Clr Wells / Clr Gash) MIN21.547

That Council:

1. Grant an Easement in favour of Epsilon Distribution Ministerial Holding Corporation (Endeavour Energy) for overhead powerlines variable width over 333 Illaroo Road Bangalee and Bernie Regan Sporting Complex known as Lot 4 West Cambewarra Road North Nowra;

2. Fund all costs associated with the creation of the Easement from the Far North Collector Road Project;

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

SA21.153 Tenders - SCC Administration Building Lift No.2 Replacement

HPERM Ref: D21/208125

RESOLVED* (Clr Wells / Clr Gash) MIN21.548

That:

1. Council note that no conforming tender submissions were received.

2. In accordance with Regulation 178(3)(e) of the Local Government (General) Regulation 2005, Council commences negotiations with industry leading companies with a view to enter into a contract for the Replacement of the SCC Administration Building Lift No.2.

3. Council authorise the CEO (Director City Services) to negotiate and execute the contract documents and any other associated documents on behalf of Council in accordance with cl 165 of the Local Government Regulation.

SA21.157 Ratepayer Advance - Kerb & Gutter Construction - Tomerong Street Currarong

HPERM Ref: D21/157236

RESOLVED* (Clr Wells / Clr Gash) MIN21.549

That Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with:

1. M S North of 1 Tomerong Street, Currarong in respect of Kerb and Gutter construction to the value of $22,982.64 (advance) of which $7,322.90 (excluding GST) is the contribution, $15,659.74 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $19,574.68.

2. N J & L R Cook of 17 Tomerong Street, Currarong in respect of Kerb and Gutter construction to the value of $7,213.44 (advance) of which $ 2,298.40 (excluding GST) is the contribution, $4,915.04 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $6,143.80.

3. G R & V A Rudan of 19 Tomerong Street, Currarong in respect of Kerb and Gutter construction to the value of $5,969.04 (advance) of which $1,901.90 (excluding GST) is the contribution, $4,067.14 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,083.93.

4. J C Preller of 3 Tomerong Street, Currarong in respect of Kerb and Gutter construction to the value of $7,213.44 (advance) of which $2,298.40 (excluding GST) is the contribution, $4,915.04 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $6,143.80.

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

SA21.160 Rate Payer Advance - Kerb & Gutter Installation - 24 to 38 Basin View Parade Basin View

HPERM Ref: D21/265020

RESOLVED* (Clr Wells / Clr Gash) MIN21.550

That Council:

1. Enter into a Ratepayers Advance Agreement, executed under the Common Seal of Council with:

a. K & D McMaster of 24 Basin View Parade, Basin View in respect of kerb and gutter construction to the value of total cost $6,411.24 of which total contribution $2,039.94 is the contribution, $4,371.30 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,464.13.

b. B & Y Dawson of 28 Basin View Parade, Basin View in respect of kerb and gutter construction to the value of total cost $6,411.24 of which total contribution $2,039.94 is the contribution, $4,371.30 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,464.13.

c. D Bissell of 30 Basin View Parade, Basin View in respect of kerb and gutter construction to the value of total cost $6,411.24 of which total contribution $2,039.94 is the contribution, $4,371.30 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,464.13.

d. K & A Bedran of 224-226 President Avenue, Brighton Le Sands in respect of kerb and gutter construction to the value of total cost $6,411.24 of which total contribution $2,039.94 is the contribution, $4,371.30 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,464.13.

e. J & C Nemetz of 34 Basin View Parade, Basin View in respect of kerb and gutter construction to the value of total cost $6,411.24 of which total contribution $2,039.94 is the contribution, $4,371.30 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,464.13.

f. L & D Noonan of 230 Princes Highway, Dapto in respect of kerb and gutter construction to the value of total cost $6,811.20 of which total contribution $2,167.20 is the contribution, $4,644.00 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,805.00.

g. Basin View Cabins Pty Ltd of 19 Monserra Road, Allambie Heights in respect of kerb and gutter construction to the value of total cost $6,035.04 of which total contribution $1,920.24 is the contribution, $4,114.80 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,143.50.

2. Affix the Common Seal of Council of the City of Shoalhaven to any documentation required to be sealed otherwise the Chief Executive Officer be authorised to sign any documentation necessary to give effect to the resolution.

SA21.161 Ratepayers Advance - Kerb & Gutter Construction 6, 10, 14, 16 Loralyn Avenue Sanctuary Point

HPERM Ref: D21/268130

RESOLVED* (Clr Wells / Clr Gash) MIN21.551

That Council:

1. Enter into a Ratepayers Advance Agreement, executed under the Common Seal of Council with:

a. Raymond & Deborah Lloyd of 49 Broughton Street, Camden NSW 2570 in respect of kerb and gutter construction to the value of total cost $12,921.40 of which $3,169.40 is the contribution, $9,752.00 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $12,190.00 – ($242.00 for a double or additional single driveway as requested).

b. Robert & Nancy Brown of 10 Loralyn Avenue, Sanctuary Point NSW 2540 in respect of kerb and gutter construction to the value of total cost $2,650.00 of which $650.00 is the contribution, $2,000.00 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $2,500.00.

c. Rodney Green of PO Box 606, Kogarah NSW 1485 in respect of kerb and gutter construction to the value of total cost $8,077.20 of which $1,981.20 is the contribution, $6,096.00 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $7,620.00 – ($242.00 for a double or additional single driveway as requested).

d. Shirley Phillips of 16 Denise Crescent, Peakhurst NSW 2210 in respect of kerb and gutter construction to the value of $8,077.20 of which $1,981.20 is the contribution, $6,096.00 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $7,620.00.

2. Affix the Common Seal of Council of the City of Shoalhaven to any documentation required to be sealed otherwise the Chief Executive Officer be authorised to sign any documentation necessary to give effect to the resolution.

SA21.162 Ratepayers Advance - Kerb & Gutter Construction - 123 & 125 Loralyn Avenue St Georges Basin

HPERM Ref: D21/275024

RESOLVED* (Clr Wells / Clr Gash) MIN21.552

1. That Council:

2. Enter into a Ratepayers Advance Agreement, executed under the Common Seal of Council with:

a. S Tarlamis & C Tartamis of 90 Thornley Street, Marrickville NSW 2204 in respect of kerb and gutter construction to the value of total cost $10,200.00 of which $3,250.00 is the contribution, $6,950.00 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $8,687.50.

b. B A Albrighton & M F Albrighton of 125 Loralyn Avenue, Sanctuary Point NSW 2540 in respect of kerb and gutter construction to the value of total cost $8,568.00 of which $2,730.00 is the contribution, $5,838.00 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $7,297.50.

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

SA21.163 Request - Refund DA Fees - William Campbell Foundation - DA21/1384

HPERM Ref: D21/264708

RESOLVED* (Clr Wells / Clr Gash) MIN21.553

That Council:

1. In accordance with Council’s Policy POL20/11, reimburse the relevant development application fees as identified in the report for DA21/1384 lodged by William Campbell Foundation amounting to $796.45.

2. Fund the reimbursement from the City Development Directorate (CD) budget with an appropriate adjustment made to the budget at a future quarterly budget review.

SA21.169 Sanctuary Point Oval Athletics Field Improvements

HPERM Ref: D21/288289

RESOLVED* (Clr Wells / Clr Gash) MIN21.554

That Council:

1. Contribute to the initial line marking for St Georges Basin Little Athletics summer 2021/22 season, utilising funds from the SSSF Precinct Operations (Central) budget in 2021/22;

2. Support the St Georges Basin Little Athletics Club to develop a viable strategy to manage line marking in future seasons, in line with other Shoalhaven athletics clubs and the Sportsgrounds Management Policy;

3. Implement measures to mitigate water penetration to the St Georges Basin Little Athletics shed during rain events, utilising the SSSF Central – Recreation Buildings Programmed Works budget in 2021/22;

4. Monitor field conditions at the Sanctuary Point Oval following the recent drainage works improvements works.

SA21.172 Acquisition of sewer and electrical easements - 12 Flood Street Sussex Inlet

HPERM Ref: D21/239538

RESOLVED* (Clr Wells / Clr Gash) MIN21.555

That:

1. Council acquire the following easements over Lot 7 DP731147, No 12 Flood Avenue Sussex Inlet:

a. An Easement for Sewer Main 2.4 metres & 4 metres wide highlighted yellow & marked ‘S’ on the attached draft survey plan, and

b. An Easement for Electrical Purposes 2.4 metres & 4 metres wide edged red & marked ‘E’ on the attached draft survey plan,

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

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

SA21.173 Acquisition of Easement for Sewer Pipeline - Lot 3 DP505763 at Terara

HPERM Ref: D21/240910

RESOLVED* (Clr Wells / Clr Gash) MIN21.556

That:

1. Council acquire the following easements over Lot 3 DP505763, Terara Road Terara:

a. An Easement for Sewer Pipeline 4 metres wide highlighted pink & marked ‘S’ on the attached easement acquisition plan DP1270293, and

b. An Easement for Sewer Pipeline 6 metres wide highlighted yellow & marked ‘S2’ on the attached easement acquisition plan DP1270293.

2. Council pay compensation of $19,500, plus GST if applicable, and reasonable legal and valuation costs associated with the acquisition in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer Fund.

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

Report of the Aboriginal Advisory Committee - 7 June 2021

AA21.13 Cullunghutti - Plan of Management

Recommendation

That the Aboriginal Advisory Committee request Council to submit the budget bid for the plan of management for Council owned land at Cullunghutti if it is not already included in the budget.

RESOLVED (Clr Gartner / Clr Digiglio) MIN21.557

That the Aboriginal Advisory Committee request Council to submit the budget bid for the plan of management for Council owned land at Cullunghutti if it is not already included in the budget.

Procedural Motion – Items Resolved En Bloc

RESOLVED (Clr Proudfoot / Clr White) MIN21.558

That the matters of the following items be resolved en bloc and marked with an asterisk (*):

· SH21.5 - Membership - Resignation from Mike James and Carole Cassidy

· SH21.2 - River Road Foreshore Precinct Rehabilitation Project Progress Report

Report of the Shoalhaven Heads Estuary Taskforce - 16 June 2021

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

SH21.5 Membership - Resignation from Mike James and Carole Cassidy

HPERM Ref: D21/244363

RESOLVED* (Clr Proudfoot / Clr White) MIN21.559

That Council:

1. Accept the resignation of Mr Mike James and Ms Carole Cassidy.

2. Write to Mr James and Ms Cassidy to thank them for their contributions to the Taskforce.

SH21.2 River Road Foreshore Precinct Rehabilitation Project Progress Report

HPERM Ref: D21/209794

RESOLVED (Clr Proudfoot / Clr White) MIN21.560

That:

1. The Taskforce receive the Shoalhaven Heads River Road Foreshore Precinct Project (Regional Growth - Environment and Tourism Fund Grant # RNSW1279) Progress Report for information.

2. Council relocate the 4 knot zone and to write to Transport for NSW in relation to the visibility of other signage requirements as well as their enforcement of this to reduce boat wash and associated erosion.

Reports

CL21.152 Council Meeting Dates - Proposed Amendments	HPERM Ref: D21/227104
Note: This item was dealt with in conjunction with CL21.159 - Postponement of Local Government Election until 4 December 2021 - Schedule of Meetings
Recommendation That Council adopt the following meeting dates as tentative and to be confirmed by the new elected Council following the Local Government Elections on 4 September 2021: 1. Reschedule the Development & Environment Committee meeting from Tuesday 5 October 2021 to Monday 18 October 2021 commencing at 5.00pm. 2. Schedule an Ordinary Council meeting on Tuesday 12 October 2021, commencing at 5.00pm.
RESOLVED (Clr Pakes / Clr Gartner) MIN21.561 That the report be received for information. CARRIED

CL21.153 Investment Report - June 2021

HPERM Ref: D21/302419

Recommendation

That:

1. The report of the Chief Executive Officer (City Performance) on the Record of Investments for the period to 30 June 2021 be received for information.

2. Council note that Council’s Investment Portfolio returned 1.42% per annum for the month of June 2021, exceeding the benchmark AusBond Bank Bill Index (0.04% pa) by 138 basis points (1.38%).

RESOLVED (Clr Pakes / Clr Gartner) MIN21.562

That:

1. The report of the Chief Executive Officer (City Performance) on the Record of Investments for the period to 30 June 2021 be received for information.

2. Council note that Council’s Investment Portfolio returned 1.42% per annum for the month of June 2021, exceeding the benchmark AusBond Bank Bill Index (0.04% pa) by 138 basis points (1.38%).

CL21.154 Progress Report, Jervis Bay Regional Boat Ramp Master Plan (Option H) - Boat Maintenance Facility at Woollamia

HPERM Ref: D21/296105

Recommendation

That Council:

1. Receive the Progress Report, Jervis Bay Regional Boat Ramp Master Plan (Option H) - Boat Maintenance Facility at Woollamia.

2. Continue to construct and commission the Boat Maintenance Facility in accordance with the Jervis Bay Regional Boat Ramp Master Plan (Option H).

3. Lease to a qualified operator the Boat Maintenance Facility on terms acceptable to the Chief Executive Officer and authorise the execution of the lease.

RESOLVED (Clr Watson / Clr Pakes) MIN21.563

That Council:

1. Receive the Progress Report, Jervis Bay Regional Boat Ramp Master Plan (Option H) - Boat Maintenance Facility at Woollamia.

2. Continue to construct and commission the Boat Maintenance Facility, consistent with the Jervis Bay Regional Boat Ramp Master Plan (Option H) with a view to the boat maintenance being operational in November/December 2021 with the following in place:

a. Perimeter fencing of the facility

b. Storage for tools and equipment for the contracted operator, including a small office space (approx. 2 x 20ft containers)

3. Continue to develop the operational procedures and leasing arrangements of the Boat Maintenance Facility based on following suggested requirements:

a. The storage containers being located either within an expanded compound area or external to the compound

b. Subject to adequate insurance coverage, have provisions for vessel owners to perform works on their own vessels, under the supervision of the contracted operator

c. Vessel lifting costs be set by the contracted operator, including a charge to be set aside for asset replacement and maintenance for the Council trailer

d. Subject to adequate insurance coverage, that other vessel maintenance operators be allowed to work on vessels, under the supervision of the contracted operator however the trailer will be operated by the Contracted Operator (or their qualified staff.

e. The site fees be set by the contractor, and listed within Council’s Fees & Charges, to be reviewed annually

f. Other boat lifting contractors be able to lift boats for private work by owners in the maintenance area subject to the site fees being paid to the primary contractor and subject to adequate insurance cover being in place.

4. Receive a future report setting out the agreed terms of the lease as agreed by the Contractor, the Woollamia Boat Ramp Committee and the Chief Executive Officer (City Futures).

Note: Clr Guile left the meeting at 9.36pm

CL21.155 Shoalhaven Business Chamber and Shoalhaven City Council Memorandum of Understanding

HPERM Ref: D21/299842

Recommendation

That Council:

1. Enter into a new three year Memorandum of Understanding (MoU) with the Shoalhaven Business Chamber to cover the period 2021/22; 2022/23 and 2023/24, with terms set out in this report for a sum of $50,000 per annum.

2. Increase the Economic Development budget by $10,000pa to accommodate the requirements of the new MoU with the Shoalhaven Business Chamber at the next Budget Quarterly Review.

RESOLVED (Clr Pakes / Clr Findley) MIN21.564

That Council:

1. Enter into a new three year Memorandum of Understanding (MoU) with the Shoalhaven Business Chamber to cover the period 2021/22; 2022/23 and 2023/24, with terms set out in this report for a sum of $50,000 per annum.

2. Increase the Economic Development budget by $10,000pa to accommodate the requirements of the new MoU with the Shoalhaven Business Chamber at the next Budget Quarterly Review

3. Should the Chamber’s Business Awards not proceed, permit the funding to remain with the Chamber.

SA21.146 Proposed Road Closure & Sale - Unnamed Road Off Woodburn Road Morton

HPERM Ref: D21/156342

Recommendation

That Council:

1. Close the unnamed road off Woodburn Road Morton, being approximately 7,500m² as shown in attachment 1 (D20/422440), by a notice published in the Government Gazette;

2. Authorise the sale of the closed road to the adjoining property owner for $9,000 excluding GST (if applicable) with the proceeds from the sale to be allocated to the Property Reserve;

3. Require all costs associated with the road closure and sale to be borne by the adjoining property owner.

4. Authorises 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.

RESOLVED (Clr Proudfoot / Clr White) MIN21.565

That Council:

1. Close the unnamed road off Woodburn Road Morton, being approximately 7,500m² as shown in attachment 1 (D20/422440), by a notice published in the Government Gazette;

2. Authorise the sale of the closed road to the adjoining property owner for $9,000 excluding GST (if applicable) with the proceeds from the sale to be allocated to the Property Reserve;

3. Require all costs associated with the road closure and sale to be borne by the adjoining property owner.

4. Authorises 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.

Procedural Motion

RESOLVED (Clr Wells / Clr Gartner) MIN21.566

That the matters of the following items be resolved en bloc and marked with an asterisk (*):

· CL21.156 - Variations to Development Standards - June Quarter 2021

· CL21.157 - Progress / Status Update - Access Areas for Dogs Policy Review

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

CL21.156 Variations to Development Standards - June Quarter 2021

HPERM Ref: D21/272578

RESOLVED* (Clr Wells / Clr Gartner) MIN21.567

That Council receive the Variations to Development Standards – June Quarter Report 2021 for information.

CL21.157 Progress / Status Update - Access Areas for Dogs Policy Review

HPERM Ref: D21/179931

RESOLVED (Clr White / Clr Gartner) MIN21.568

That Council:

1. Receive this report as a status update on the progress of the Access Areas for Dogs Policy review for information.

2. Receive a future report on the revised Access Areas for Dogs Policy, which will seek a Council resolution to place a revised draft Access Areas for Dogs Policy document on public exhibition.

CARRIED

Note: This item was reintroduced later in the meeting. See MIN21.57

Procedural Motion - Reintroduction of Item

RESOLVED (Clr Pakes / Clr Levett) MIN21.569

That CL21.157 be reintroduced for discussion to allow for an amendment.

CL21.157 Progress / Status Update - Access Areas for Dogs Policy Review

HPERM Ref: D21/179931

Recommendation

That Council:

1. Receive this report as a status update on the progress of the Access Areas for Dogs Policy review for information.

2. Receive a future report on the revised Access Areas for Dogs Policy, which will seek a Council resolution to place a revised draft Access Areas for Dogs Policy document on public exhibition.

RESOLVED (Clr White / Clr Gartner) MIN21.570

That Council:

1. Receive this report as a status update on the progress of the Access Areas for Dogs Policy review for information.

2. Receive a future report on the revised Access Areas for Dogs Policy, which will seek a Council resolution to place a revised draft Access Areas for Dogs Policy document on public exhibition.

3. Note the success of the drop-in sessions and the review to date, and congratulate the staff for their professionalism in managing this project.

Addendum Reports

CL21.158 DA20/2172 – 8 Homestead Lane Berry– Lot 101 DP 105897

HPERM Ref: D21/300056

Item dealt with earlier in the meeting see MIN21.527

CL21.159 Postponement of Local Government Election until 4 December 2021 - Schedule of Meetings

HPERM Ref: D21/310775

Item dealt with earlier in the meeting see MIN21.529

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 Wells / Clr White) MIN21.571

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.

CSA21.34 Land Acquisition Matter - Bangalee & Cambewarra Localities

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

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.

CSA21.35 Proposed Disposal of Council Land - Far Meadow

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

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

The meeting moved into confidential the time being 9.54pm.

The meeting moved into open session, the time being 9.56pm.

Report from confidential session

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

Procedural Motion

RESOLVED MIN21.572C

The following items were resolved en bloc and marked with an asterisk (*):

· CSA21.34 - Land Acquisition Matter - Bangalee & Cambewarra Localities

· CSA21.35 - Proposed Disposal of Council Land - Far Meadow

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

CSA21.34 Land Acquisition Matter - Bangalee & Cambewarra Localities

HPERM Ref: D21/277390

RESOLVED* MIN21.573C

That Council:

1. Compulsory Acquire the following four parcels of land from John W Evison Pty Ltd for the requirements of the Far North Collector Road, under the provisions of the Land Acquisition (Just Terms Compensation) Act, 1991;

a. Part of Lot 2 DP 848630, 371 Illaroo Road Bangalee identified as Lot 3 in Proposed Acquisition Plan, being 7,983m2;

b. Part of Lot 2 DP 848630, 371 Illaroo Road Bangalee identified as Lot 1 in Proposed Acquisition Plan, being 6,864m2;

c. Part Lot 8 DP 1256748, Taylors Lane Cambewarra identified as Lot 4 in the Proposed Acquisition Plan, being 6,825m2;

d. Part Lot 8 DP 1256748, Taylors Lane Cambewarra identified as Lot 2 in the Proposed Acquisition Plan, being 2,465m2;

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;

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

4. Affix the Common Seal of the Council of the City of Shoalhaven to any documents required to be sealed, otherwise, the Chief Executive Officer is authorised to sign any documentation necessary to give effect to this resolution; and

5. Upon registration of the acquisition plan and settlement, authorise by notice in the Government Gazette, the dedication of Lot 3 and Lot 4 in the Proposed Acquisition Plan as Public Road in accordance with Section 10 of the Roads Act 1993.

CSA21.35 Proposed Disposal of Council Land - Far Meadow

HPERM Ref: D21/200369

RESOLVED MIN21.574C

That Council keeps this resolution confidential in accordance with Section 10(A)(2)(c) of the Local Government Act until all transactions have been settled.

There being no further business, the meeting concluded, the time being 9.59pm.

Clr Findley

CHAIRPERSON