Minutes of the Ordinary Meeting
Meeting Date: Tuesday, 26 October 2021
Location: Council Chambers, City Administrative Building, Bridge Road, Nowra
Time: 5.01pm
The following members were present:
Clr Amanda Findley - Chairperson
Clr Joanna Gash
Clr Patricia White
Clr John Wells
Clr Kaye Gartner – left at 7.11pm
Clr Nina Digiglio (Remotely)
Clr Annette Alldrick (Remotely)
Clr John Levett
Clr Andrew Guile – arrived 5.19pm, left 5.38pm, returned 6.08pm
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 Pastor Jason Smith (City Church Nowra) and the playing of the Australian National Anthem.
Nil
|
RESOLVED (Clr Proudfoot / Clr Pakes) MIN21.737 That the Minutes of the Ordinary Meeting of Ordinary Meeting held on Tuesday 28 September 2021 be confirmed.
|
Clr Kitchener – CL21.207 – Notice of Motion – Victor Ave, Narrawallee – Access Steps – significant non pecuniary interest declaration – frequently walks his dog on the beach – will leave the room and not take part in discussion or vote.
Clr Proudfoot – DE21.119 – Proposed Road Closure – Lot 4 DP 872852 (Vincentia) St Georges Basin Country Club and Response to Questions on Notice - significant non pecuniary interest declaration – President of the St Georges Basin Country Club – will leave the room and not take part in discussion or vote.
Clr Proudfoot – CL21.233 – The Bob Proudfoot Pavilion – Public Exhibition Summary and Way Forward – less than significant non pecuniary interest declaration – will remain in the room and take part in discussion and vote.
Presentation of petitions
Nil
The following Deputations were made available on Council’s Website:
CL21.207 – Notice Motion – Victor Avenue, Narrawallee – Access Steps
Ms Maxine Puglisi - FOR
Mr Robert Quant - FOR
Mr Robert MacArthur - FOR
Mr Stephen Campbell - AGAINST
CL21.209 - Notice of Motion - Management of Roads within the Shoalhaven Area
Mr Jason Cox - FOR
CL21.122 - DA21/1392 - Old Southern Road South Nowra - Lot 2 DP 1065105 & Lot 28 DP 17310
Ms Kristin Holt representing PDC Lawyers & Town Planners - AGAINST
Mr Angelo Di Martino representing ADM Architects - AGAINST
Ms Judith Stubbs representing Judith Stubbs & Assoc - AGAINST
CL21.230 - DA16/1465 - 173 Kinghorne Street and 2 & 4 Albatross Road, NOWRA - Lot 1, 29 & 30 DP 2511
Mr Dennis Frost - FOR
Mr Lee Carmichael representing the Owner - AGAINST
Mr Steve Falkner - AGAINST
|
Introduction of Item as Matters of Urgency |
|
RESOLVED (Clr Gartner / Clr Pakes) MIN21.738 That the following addendum report be introduced as a matter of urgency: 1. CL21.234 DA21/1673 –116-118 St Vincent St Ulladulla – Lot 1 & 2 DP21597
|
|
The Chairperson ruled the matter as one of urgency as it relates to urgent business of Council and allowed the introduction.
|
|
Procedural Motion – Call Over of Business Paper |
|
RESOLVED (Clr Pakes / Clr Wells) That following consideration of the Notices of Motion, a Call Over of the Business Paper be conducted.
|
Notices of Motion / Questions on Notice
|
CL21.205 Rescission Motion - DE21.114 - Planning Proposal Request - Willinga Park Equestrian Centre, Bawley Point |
HPERM Ref: D21/427438 |
|
Note: Clr Guile arrived at 5.19pm |
|
|
Recommendation That Council rescind the Motion relating to Item DE21.114 of the Development & Environment Committee meeting held Tuesday 5 October 2021. |
|
|
Motion (Clr Gartner / Clr Levett) That Council rescind the Motion relating to Item DE21.114 of the Development & Environment Committee meeting held Tuesday 5 October 2021.
|
|
|
Note: Clr Guile left at 5.38pm |
|
|
Procedural Motion – motion be put (Clr Gartner) That the MOTION be PUT. For: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett Against: Clr Gash, Clr White, Clr Wells, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot PROCEDURAL MOTION LOST |
|
|
Note: Clr Guile returned 6.03pm |
|
|
motion (Clr Gartner / Clr Levett) MIN21.739 That Council rescind the Motion relating to Item DE21.114 of the Development & Environment Committee meeting held Tuesday 5 October 2021. For: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett Against: Clr Gash, Clr White, Clr Wells, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot
|
|
Note: Clr Kitchener left the room the time being 6:09pm.
|
CL21.207 Notice of Motion - Victor Ave, Narrawallee – Access Steps |
HPERM Ref: D21/423401 |
|
Clr Kitchener – significant non pecuniary interest declaration – frequently walks his dog on the beach – left the room and not take part in discussion or vote. |
|
|
Recommendation That Council: 1. Provide access to Narrawallee Beach off leash area via Victor Avenue Steps. 2. Allow access to the rock area below the Victor Ave Steps to the north.
|
|
|
Motion (Clr White / Clr Wells) That Council: 1. Provide access to Narrawallee Beach off leash area via Victor Avenue Steps. 2. Allow access to the rock area below the Victor Ave Steps to the north.
|
|
|
Procedural Motion – motion be put (Clr Watson / Clr Guile) That the MOTION be PUT. For: Clr White, Clr Wells, Clr Guile, Clr Pakes and Clr Watson Against: Clr Findley, Clr Gash, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Kitchener and Clr Proudfoot PROCEDURAL MOTION LOST
|
|
|
Clr Gartner raised a Point of Order against Clr Pakes for casting imputations, the Chairperson ruled against the Point of Order and asked Clr Pakes to withdraw his comment. Clr Pakes withdrew his comment. Clr Gartner raised a Point of Order against Clr Pakes for impugning motive. The Chairperson asked Clr Pakes to stick to debate. Clr Pakes raised a Point of Order against Clr Gartner for interrupting. The Chairperson ruled against the Point of Order. |
|
|
During discussion on this item it was proposed to defer the item to the next Ordinary Meeting, this was accepted by the Mover & Seconder and became the MOTION. |
|
|
RESOLVED (Clr White / Clr Wells) MIN21.740 That this matter be deferred to the Ordinary meeting of Tuesday 2 November 2021. For: Clr Gash, Clr White, Clr Wells, Clr Digiglio, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Clr Findley, Clr Gartner and Clr Levett
|
|
Note: Clr Kitchener returned to the meeting the time being 6:54pm.
|
HPERM Ref: D21/447222 |
|
|
That Council: 1. Allocate funding of $10,000 for the 2022 Viking Festival to be held in Sussex Inlet. 2. Funding source to be determined by the CEO or his nominee by either donation, sponsorship, or allocation. 3. Funding to be recurrent for a period of 3 years. 4. Shoalhaven Tourism to provide in-house ongoing letters of support to the festival organisers.
|
|
|
Motion (Clr White / Clr Pakes) That Council: 1. Allocate funding of $10,000 for the 2022 Viking Festival to be held in Sussex Inlet. 2. Funding source to be determined by the CEO or his nominee by either donation, sponsorship, or allocation. 3. Funding to be recurrent for a period of 3 years. 4. Shoalhaven Tourism to provide in-house ongoing letters of support to the festival organisers.
|
|
|
Clr Pakes raised a Point of Order against Clr Gartner regarding the manner of her question to staff. The Chairperson ruled against the Point of Order. |
|
|
Procedural Motion – motion be put (Clr Wells / Clr Gash) That the MOTION be PUT. CARRIED
|
|
|
RESOLVED (Clr White / Clr Pakes) MIN21.741 That Council: 1. Allocate funding of $10,000 for the 2022 Viking Festival to be held in Sussex Inlet. 2. Funding source to be determined by the CEO or his nominee by either donation, sponsorship, or allocation. 3. Funding to be recurrent for a period of 3 years. 4. Shoalhaven Tourism to provide in-house ongoing letters of support to the festival organisers. For: Clr Findley, Clr Gash, Clr White, Clr Wells, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Clr Gartner and Clr Digiglio
|
|
|
Procedural Motion - Adjournment of Meeting |
|
RESOLVED (Clr Gash / Clr Pakes) MIN21.742 That the meeting be adjourned to allow for refreshments.
|
The meeting adjourned the time being 7.11pm
The meeting reconvened the time being 7.43pm
The following members were present:
Clr Amanda Findley - Chairperson
Clr Joanna Gash
Clr Patricia White
Clr John Wells
Clr Nina Digiglio (Remotely)
Clr Annette Alldrick (Remotely)
Clr John Levett
Clr Andrew Guile
Clr Mitchell Pakes
Clr Greg Watson
Clr Mark Kitchener
Clr Bob Proudfoot
|
CL21.209 Notice of Motion - Management of Roads within the Shoalhaven Area |
HPERM Ref: D21/447802 |
|
That Council 1. Receives a report outlining how staff manage and monitor the upkeep of roads across the region by answering the questions provided by the community below: b. How does council specify the strength, durability, water resistance of pavement material purchased for the creation and repair of Shoalhaven roads, including grading and knowing the likely rate of traffic density? c. What testing takes place by SCC to ensure the pavement material supplied by the supplier/quarry meets a particular NSW State Standard to ensure the subsequent road stands up to the heavy traffic and does not lose integrity and fail? Especially noting the high rate of truck movements in certain areas within the Shoalhaven region. d. Are there different qualities of road base blends (based on; sandstone, shale or Wandrawandian siltstone, blended with Slag or Fly Ash, crushed concrete/brick or Clay to gain rigidity and water resistance) and where does Council source it? Is it normal for road base to be a blend of materials or additives to mined material to increase its quality and longevity? Do some road base materials absorb more water than others and so become unstable and deteriorate more quickly when the bitumen coating is compromised, or damaged by heavy truck movements? If so where does that material come from and what is that material being used? e. Are roads graded per their classification and as such vary in the quality of their composition? (Freeway/Highway/Main Roads/Local Roads? Sealed/Unsealed etc). What is the expected lifecycle of the different grades of road? f. What is the Council’s coordinated strategic vision and plan of action to deliver first class roads and their upgrades, repair and general maintenance of aging infrastructure over the next 5 years and beyond? g. What percentage, if any of the road construction work is done under contract by private companies? As a best practice do Council engineers routinely oversee and check the quality of materials and construction during any road process, whether private or SCC by i.e., Audit and Certify the end product as being “fit for use and purpose” and desired composition for longevity? h. An updated and inclusive report in relation to the direct and indirect impact pertaining to the historic dealings of Comberton & Tomerong quarries. The report should address the health, social, financial and environmental impacts on community and any onflow effect on the state of our Shoalhaven roads. 2. Communicates this to the community clearly and comprehensively as a matter of the public interest on this very core function. |
|
|
Motion (Clr Digiglio / Clr Levett) That Council: 1. Receives a report outlining how staff manage and monitor the upkeep of roads across the region by answering the questions provided by the community below: a. What comprehensive data has the council already collected about the challenges on the 1000km+ of (1366km of sealed roads in the Shoalhaven) Shoalhaven roads that they can immediately make publicly available to Shoalhaven residents via the SCC Website? b. How does council specify the strength, durability, water resistance of pavement material purchased for the creation and repair of Shoalhaven roads, including grading and knowing the likely rate of traffic density? c. What testing takes place by SCC to ensure the pavement material supplied by the supplier/quarry meets a particular NSW State Standard to ensure the subsequent road stands up to the heavy traffic and does not lose integrity and fail? Especially noting the high rate of truck movements in certain areas within the Shoalhaven region. d. Are there different qualities of road base blends (based on; sandstone, shale or Wandrawandian siltstone, blended with Slag or Fly Ash, crushed concrete/brick or Clay to gain rigidity and water resistance) and where does Council source it? Is it normal for road base to be a blend of materials or additives to mined material to increase its quality and longevity? Do some road base materials absorb more water than others and so become unstable and deteriorate more quickly when the bitumen coating is compromised, or damaged by heavy truck movements? If so where does that material come from and what is that material being used? e. Are roads graded per their classification and as such vary in the quality of their composition? (Freeway/Highway/Main Roads/Local Roads? Sealed/Unsealed etc). What is the expected lifecycle of the different grades of road? f. What is the Council’s coordinated strategic vision and plan of action to deliver first class roads and their upgrades, repair and general maintenance of aging infrastructure over the next 5 years and beyond? g. What percentage, if any of the road construction work is done under contract by private companies? As a best practice do Council engineers routinely oversee and check the quality of materials and construction during any road process, whether private or SCC by i.e., Audit and Certify the end product as being “fit for use and purpose” and desired composition for longevity? h. An updated and inclusive report in relation to the direct and indirect impact pertaining to the historic dealings of Comberton & Tomerong quarries. The report should address the health, social, financial and environmental impacts on community and any onflow effect on the state of our Shoalhaven roads. 2. Communicates this to the community clearly and comprehensively as a matter of the public interest on this very core function. |
|
|
Procedural Motion – motion be put (Clr Wells) That the MOTION be PUT. PROCEDURAL MOTION CARRIED |
|
|
Clr Pakes raised a Point of Order against Clr Digiglio regarding her imputation on staff. The Chairperson asked Clr Digiglio to withdraw her comment. Clr Digiglio withdrew the comment. Clr Pakes raised a Point of Order against Clr Digiglio regarding her truth and justice comment. The Chairperson asked Clr Digiglio to withdraw her truth and justice comment. Clr Digiglio withdrew the comment and apologised. |
|
|
motion (Clr Digiglio / Clr Levett) MIN21.743 That Council: 1. Receives a report outlining how staff manage and monitor the upkeep of roads across the region by answering the questions provided by the community below: a. What comprehensive data has the council already collected about the challenges on the 1000km+ of (1366km of sealed roads in the Shoalhaven) Shoalhaven roads that they can immediately make publicly available to Shoalhaven residents via the SCC Website? b. How does council specify the strength, durability, water resistance of pavement material purchased for the creation and repair of Shoalhaven roads, including grading and knowing the likely rate of traffic density? c. What testing takes place by SCC to ensure the pavement material supplied by the supplier/quarry meets a particular NSW State Standard to ensure the subsequent road stands up to the heavy traffic and does not lose integrity and fail? Especially noting the high rate of truck movements in certain areas within the Shoalhaven region. d. Are there different qualities of road base blends (based on; sandstone, shale or Wandrawandian siltstone, blended with Slag or Fly Ash, crushed concrete/brick or Clay to gain rigidity and water resistance) and where does Council source it? Is it normal for road base to be a blend of materials or additives to mined material to increase its quality and longevity? Do some road base materials absorb more water than others and so become unstable and deteriorate more quickly when the bitumen coating is compromised, or damaged by heavy truck movements? If so where does that material come from and what is that material being used? e. Are roads graded per their classification and as such vary in the quality of their composition? (Freeway/Highway/Main Roads/Local Roads? Sealed/Unsealed etc). What is the expected lifecycle of the different grades of road? f. What is the Council’s coordinated strategic vision and plan of action to deliver first class roads and their upgrades, repair and general maintenance of aging infrastructure over the next 5 years and beyond? g. What percentage, if any of the road construction work is done under contract by private companies? As a best practice do Council engineers routinely oversee and check the quality of materials and construction during any road process, whether private or SCC by i.e., Audit and Certify the end product as being “fit for use and purpose” and desired composition for longevity? h. An updated and inclusive report in relation to the direct and indirect impact pertaining to the historic dealings of Comberton & Tomerong quarries. The report should address the health, social, financial and environmental impacts on community and any onflow effect on the state of our Shoalhaven roads. 2. Communicates this to the community clearly and comprehensively as a matter of the public interest on this very core function. For: Clr Findley, Clr Gartner, Clr Digiglio, Clr Levett and Clr Watson Against: Clr Gash, Clr White, Clr Wells, Clr Alldrick, Clr Guile, Clr Pakes, Clr Kitchener and Clr Proudfoot
|
|
|
HPERM Ref: D21/447969 |
|
|
That Council allow the use by holders of any unused 2019/20 or 2020/2021 free tipping vouchers in the financial year 2021/2022 year.
|
|
|
RESOLVED (Clr Watson / Clr Pakes) MIN21.744 That Council allow the use by holders of any unused 2019/20 or 2020/2021 free tipping vouchers in the financial year 2021/2022 year, noting that Council will not be reissuing unused 2019/20 vouchers.
|
|
Report of the Development & Environment Committee - 5 October 2021
Items marked with an * were resolved ‘en block’.
|
DE21.105 Notice of Motion - Ulladulla Milton Lions Club - Local Farmers Producers Markets |
HPERM Ref: D21/414855 |
|
RESOLVED* (Clr Pakes / Clr White) MIN21.745 That Council provide a donation of $2,200 from the unallocated donations budget to the Ulladulla Milton Lions Club for the Local Farmers Producers Markets to be held at Burrill Lake.
|
|
|
HPERM Ref: D21/415518 |
|
|
Recommendation That Council: 1. Resolve to reclassify 132 Island Point Road, St Georges Basin (Lot 10 DP1143842) from operational to community land, following the registration of a sewer easement to Shoalhaven Water on the northern boundary. 2. Undertake house-keeping amendments to the DCP/LEP as required to remove the future proposed car-parking and other services and adjust the zoning if necessary, at an appropriate time determined by Council staff. 3. Notify Basin Villages Forum of the changes.
|
|
|
RESOLVED (Clr White / Clr Levett) MIN21.746 That Council: 1. Resolve to reclassify 132 Island Point Road, St Georges Basin (Lot 10 DP1143842) from operational to community land, following the registration of a sewer easement to Shoalhaven Water on the northern boundary. 2. Undertake house-keeping amendments to the DCP/LEP as required to remove the future proposed car-parking and other services and adjust the zoning if necessary, at an appropriate time determined by Council staff. 3. Notify Basin Villages Forum of the changes.
|
|
|
DE21.110 Proposed Agreement - Delivery of New Key Urban Release Areas Roundabout, Moss Vale Road, Cambewarra |
HPERM Ref: D21/401521 |
|
RESOLVED* (Clr Pakes / Clr White) MIN21.747 That Council: 1. Provide ‘in-principle’ support to finalise and enter into an agreement with the owner/developer of stage 1 of Moss Vale Road South Urban Release Area to fund the construction of the new release areas roundabout on Moss Vale Road using the HAF grant funding, consistent with the following key terms: c. If Council does not receive access to the remaining HAF funding (plus possible contingency), the agreement will be terminated and Council will consider other options to assist with the developers costs of constructing the roundabout. If further negotiations result in substantial changes to the proposed agreement, Council will receive a further report prior to proceeding. 2. Delegate authority to Council’s Chief Executive Officer, or his delegate, to prepare and enter into an agreement consistent with the key terms at 1(a) - (c). 3. Notify the Owner/Developer of this resolution.
|
|
Clr Proudfoot left the room the time being 8:15pm.
|
DE21.119 Proposed Road Closure - Lot 4 DP 872852 (Vincentia) St Georges Basin Country Club and Response to Questions on Notice |
HPERM Ref: D21/354817 |
|
Clr Proudfoot – significant non pecuniary interest declaration – President of the St Georges Basin Country Club – left the room and did not take part in discussion or vote. |
|
|
Recommendation That Council: 1. Resolve to close the road reserves that adjoin Lot 4 DP 872852 Vincentia and sell to the owner of Lot 4 being the St Georges Basin Country Club with compensation for the sale of the land payable based on Independent Valuation advice. 2. Impose the conditions on the proposed closed road requested by Council’s Environmental Services Department as shown below: a. The 88B Instrument must contain a provision that it cannot be varied, modified, or released without the consent of the relevant parties as appropriate and without the consent of the Shoalhaven City Council. b. The covenant must stipulate that: - All native vegetation must be retained unless subject to a formal development application approval under the NSW EP&A Act 1995. - All retained native vegetation must be declared off limits to course users pertaining to Development Application DA 01/1213 and the Environmental Management Plan. c. Upon endorsement by Council the covenant must be registered with LRS or the appropriate land registration body at the time of registration. 3. Require the portion comprised in the road closure be consolidated into one lot with the parent Lot being Lot 4 DP 872852. 4. Require all costs associated with the road closure, registration of documents and sale to be borne by St Georges Basin Country Club. 5. 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.
|
|
|
RESOLVED (Clr Pakes / Clr White) MIN21.748 That Council: 1. Resolve to close the road reserves that adjoin Lot 4 DP 872852 Vincentia and sell to the owner of Lot 4 being the St Georges Basin Country Club with compensation for the sale of the land payable based on Independent Valuation advice. 2. Impose the conditions on the proposed closed road requested by Council’s Environmental Services Department as shown below: a. The 88B Instrument must contain a provision that it cannot be varied, modified, or released without the consent of the relevant parties as appropriate and without the consent of the Shoalhaven City Council. b. The covenant must stipulate that: - All native vegetation must be retained unless subject to a formal development application approval under the NSW EP&A Act 1995. - All retained native vegetation must be declared off limits to course users pertaining to Development Application DA 01/1213 and the Environmental Management Plan. c. Upon endorsement by Council the covenant must be registered with LRS or the appropriate land registration body at the time of registration. 3. Require the portion comprised in the road closure be consolidated into one lot with the parent Lot being Lot 4 DP 872852. 4. Require all costs associated with the road closure, registration of documents and sale to be borne by St Georges Basin Country Club. 5. 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.
|
|
Note: Clr Proudfoot returned to the meeting the time being 8:17pm.
Report of the Strategy & Assets Committee - 12 October 2021
|
SA21.199 Notice of Motion - Addition to Original Notice Of Motion, Safety Upgrades - Culburra Beach Public School |
HPERM Ref: D21/426956 |
|
Recommendation That in addition to the original Notice of Motion carried by Council the following be added: 1. Council cover the full cost of the kerb and guttering required to ensure pedestrian access and safety, noting that as it is a Council initiative, the circumstances warrant this to be dealt with as a variation by the Council to the Kerb and Guttering - Charges Applicable policy POL16/148. 2. Due to parking constraints and storm water runoff issues, continue the kerb and guttering on the Southern side of Fairlands Street to the corner of Cross Street and Fairlands Street. 3. Council seek further clarification on the letter that was sent to the Minister regarding reimbursement.
|
|
|
RESOLVED (Clr Pakes / Clr Gash) MIN21.749 That in addition to the original Notice of Motion carried by Council the following be added: 1. Council cover the full cost of the kerb and guttering required to ensure pedestrian access and safety, noting that as it is a Council initiative, the circumstances warrant this to be dealt with as a variation by the Council to the Kerb and Guttering - Charges Applicable policy POL16/148. 2. Due to parking constraints and storm water runoff issues, continue the kerb and guttering on the Southern side of Fairlands Street to the corner of Cross Street and Fairlands Street. 3. Council seek further clarification on the letter that was sent to the Minister regarding reimbursement.
|
|
Items marked with an * were resolved ‘en block’.
|
SA21.204 Progress Report - Council Resolution - Housing Crisis |
HPERM Ref: D21/405196 |
|
RESOLVED* (Clr Pakes / Clr Gash) MIN21.750 That Council: 1. Note the updates on housing affordability and homelessness actions arising from MIN21.302. 2. Subject to finalisation of an Agreement with SALT Ministries (including detail on siting locations), donate, under the provisions of section 356 of the Local Government Act 1993, two cabins and remaining furniture and fittings annually to SALT Ministries for emergency accommodation (valued at ~$10,000 this year), with a review conducted into the scheme after 5 years. 3. Continue to investigate how Council can support people experiencing (or at risk of) homelessness in Shoalhaven through the reconvened Homelessness Taskforce. 4. Continue to take steps to implement actions from the Shoalhaven Affordable Housing Strategy and advocate for Federal and State Government support to positively influence housing affordability and availability locally.
|
|
|
SA21.207 Proposed Boundary Adjustment and Sale - Lot 2 DP 826924 Church Street Tomerong |
HPERM Ref: D21/306920 |
|
RESOLVED* (Clr Pakes / Clr Gash) MIN21.751 That: 1. Council approve the boundary adjustment and sale of approximately 76 square metres to the adjoining landowners of Lot 1 DP 826924 Church Street, Tomerong. 2. Monies from the sale be placed in the Property Reserve. 3. Council 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.
|
|
|
SA21.208 Proposed Road Closure - Cullen Crescent Kangaroo Valley |
HPERM Ref: D21/393386 |
|
RESOLVED* (Clr Pakes / Clr Gash) MIN21.752 That Council: 1. Close approximately 924 square metres of the unformed road reserve at the northern end of Cullen Crescent Kangaroo Valley (as shown in red in Figure 1 below) by a notice published in the Government Gazette. 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.
|
|
|
SA21.212 Grant of Electricity Easement in favour of Endeavour Energy - Worrigee Street Carpark |
HPERM Ref: D21/412888 |
|
RESOLVED* (Clr Pakes / Clr Gash) MIN21.753 That Council: 1. Grant an Electricity Easement in favour of Endeavour Energy for a Pad Mount Substation 5.5 metres by 2.75 metres over Council land - Lots 4 and 5 DP 537780, Lot 3 DP 530250, Lots 12 and 13 DP 738683, Lot 1 DP 738686, Lot 1 DP 738675, and Lots 1 and 2 DP 738687 known as Worrigee Street Carpark. 2. 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. |
|
|
SA21.220 Management of Dingle Hughes Bequest Collection and Proposal to Establish a Multi Art Storage Facility |
HPERM Ref: D21/407914 |
|
Recommendation That: 1. The Management of Dingle Hughes Bequest Collection report be received for information. 2. Funding for the necessary curatorial work of $25,000 be allocated through a quarterly budget review to allow a member of the Arts and Culture team to be taken off-line and focus on documenting, digitising and knowledge building associated with the Dingle Hughes Bequest collection and archive. 3. Funding of $50,000 be re-purposed to enable investigations and a business case proposal to be developed on the proposed multi-art storage facility. 4. Funding of $7,500 be provided to enable a member of the Arts and Culture team to be taken off-line to assess the Dingle Hughes Bequest collection and provide advice to the Shoalhaven Arts Board Acquisitions Sub-Committee on potential items to acquire should the application to the Alan Sisley Memorial Fellowship be unsuccessful. 5. A future Councillor Briefing and report to Council be received at the conclusion of the investigations and upon receipt of the proposal.
|
|
|
RESOLVED (Clr Findley / Clr White) MIN21.754 That: 1. The Management of Dingle Hughes Bequest Collection report be received for information. 2. Funding for the necessary curatorial work of $25,000 be allocated through a quarterly budget review to allow a member of the Arts and Culture team to be taken off-line and focus on documenting, digitising and knowledge building associated with the Dingle Hughes Bequest collection and archive. 3. Funding of $50,000 be re-purposed to enable investigations and a business case proposal to be developed on the proposed multi-art storage facility. 4. Funding of $7,500 be provided to enable a member of the Arts and Culture team to be taken off-line to assess the Dingle Hughes Bequest collection and provide advice to the Shoalhaven Arts Board Acquisitions Sub-Committee on potential items to acquire should the application to the Alan Sisley Memorial Fellowship be unsuccessful. 5. A future Councillor Briefing and report to Council be received at the conclusion of the investigations and upon receipt of the proposal.
|
|
|
SA21.223 Classification of Council Land - Lot 1075 DP1247845 at Birkdale Circuit Sussex Inlet |
HPERM Ref: D21/404694 |
|
Recommendation That Council classify the land described as Lot 1075 DP1247845 at Birkdale Circuit, Sussex Inlet as Operational Land under the Local Government Act 1993.
|
|
|
RESOLVED (Clr Proudfoot / Clr Findley) MIN21.755 That Council classify the land described as Lot 1075 DP1247845 at Birkdale Circuit, Sussex Inlet as Operational Land under the Local Government Act 1993.
|
|
|
SA21.225 Acquisition of Easement - Sewer Purposes - Lot 502 DP 1221372- C130 Princes Highway Meroo Meadow |
HPERM Ref: D21/387946 |
|
RESOLVED* (Clr Pakes / Clr Gash) MIN21.756 That Council: 1. Acquire an Easement for Sewerage Purposes 5 metres wide over part of Lot 502 DP 1221372, C130 Princes Highway, Meroo Meadow. 2. Pay compensation of $11,500 plus GST (if applicable) and reasonable legal costs associated with the acquisition to the Registered Proprietor of Lot 502 DP 1221372, in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1993, from Shoalhaven Water’s Sewer Fund. 3. Authorise the affixing of the Common Seal of the Council of the City of Shoalhaven to any documents required to be sealed and that the Chief Executive Officer be authorised to sign any documents necessary to give effect to this resolution.
|
|
|
SA21.226 Acquisition of Easement for Sewer Pipeline at Terara - Burraga Island Pty Ltd - REMS Transfer Main |
HPERM Ref: D21/412793 |
|
RESOLVED* (Clr Pakes / Clr Gash) MIN21.757 That Council: 1. Acquire an Easement for Sewer Pipeline 4 metres wide and limited in height affecting Lot 1 DP1184790 at Terara, as shown marked ‘S’ and highlighted pink on DP1270293.
2. Pay $nil compensation in accordance with the special provisions of Section 62 of the Land Acquisition (Just Terms Compensation) Act 1991 for sub-surface acquisitions. 3. Pay reasonable legal costs associated with the acquisition from Council’s Sewer Fund. 4. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.
|
|
|
SA21.227 Acquisition of Sewer Easement - 30 Hollywood Avenue Ulladulla |
HPERM Ref: D21/418256 |
|
RESOLVED* (Clr Pakes / Clr Gash) MIN21.758 That Council rescind MIN21.32 and: 1. Acquire an Easement for Sewer Main 2.4 metres wide over part of Lot 52 DP 26132, 30 Hollywood Avenue, Ulladulla marked ‘S’ on the survey plan at Attachment 2. 2. Pay compensation of $31,500, plus GST if applicable, and reasonable legal costs associated with the acquisition in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991, from Council’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 Inclusion & Access Advisory Group - 11 October 2021
|
IA21.13 Accessible viewing platform construction; Surfers Avenue Narrawallee |
HPERM Ref: D20/39138 |
|
Recommendation That the Inclusion & Access Advisory Group: 1. Receive the report on Notice of Motion - construction of the viewing platform path and parking for information. 2. Endorse the design specifications of the viewing platform path and parking. Option A. 3. Request that Council proceed to confirm construction costs and allow a budget bid to be submitted for “2” above. 4. Request that Council investigate alternatives for accessible parking in this area.
|
|
|
RESOLVED (Clr Proudfoot / Clr White) MIN21.759 That the Inclusion & Access Advisory Group: 1. Receive the report on Notice of Motion - construction of the viewing platform path and parking for information. 2. Endorse the design specifications of the viewing platform path and parking. Option A. 3. Request that Council proceed to confirm construction costs and allow a budget bid to be submitted for “2” above. 4. Request that Council investigate alternatives for accessible parking in this area.
|
|
Report of the Shoalhaven Traffic Committee - 12 October 2021
|
TC21.53 Pedestrian Facility Improvements - Queen Street, Berry (PN 3672) |
HPERM Ref: D21/420552 |
|
Recommendation That the: 1. Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed Pedestrian Facility Improvements at Queen Street, Berry as per Plan No D21/420628 (Option 2); subject to the following: a. W8-2 signage be reduced from 25km/h to 20km/h; b. Provide W5-10 & W8-3(R) on the intersection with Prince Alfred Street heading north bound; c. Provide W5-10 & W8-3(R) on the intersection with Edward Street heading north bound and W5-10 & W8-3(L) heading south bound; d. Rectify line marking to the refuge island immediately east of the intersection of Queen Street and Edward Street by the addition of chevron line marking to assist with adequate delineation between LATM devices; e. Council does not proceed with the proposed second “at grade” crossing in front of 81 Queen Street at this point in time and undertakes regular demand analysis to assess the need for the second crossing for future installation; f. W3-4 advanced warning signage be provided on the approach to the eastern threshold heading west bound; g. Speed Zone Reduction variation to the original proposal being approved by Transport for NSW – noting that TfNSW would like to see a firm commitment to install both pedestrian crossings. 2. Traffic Committee note that the funding required to implement this project is subject to the proposed variations to the original agreement being approved by Transport for NSW’s Funding Assessment Committee.
|
|
|
RESOLVED (Clr Wells / Clr Guile) MIN21.760 That the: 1. Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed Pedestrian Facility Improvements at Queen Street, Berry as per Plan No D21/420628 (Option 2); subject to the following: a. W8-2 signage be reduced from 25km/h to 20km/h; b. Provide W5-10 & W8-3(R) on the intersection with Prince Alfred Street heading north bound; c. Provide W5-10 & W8-3(R) on the intersection with Edward Street heading north bound and W5-10 & W8-3(L) heading south bound;
d. Rectify line marking to the refuge island immediately east of the intersection of Queen Street and Edward Street by the addition of chevron line marking to assist with adequate delineation between LATM devices; e. Council does not proceed with the proposed second “at grade” crossing in front of 81 Queen Street at this point in time and undertakes regular demand analysis to assess the need for the second crossing for future installation; f. W3-4 advanced warning signage be provided on the approach to the eastern threshold heading west bound; g. Speed Zone Reduction variation to the original proposal being approved by Transport for NSW – noting that TfNSW would like to see a firm commitment to install both pedestrian crossings. 2. Traffic Committee note that the funding required to implement this project is subject to the proposed variations to the original agreement being approved by Transport for NSW’s Funding Assessment Committee.
|
|
City Performance
|
Call Over of the Business Paper (City Performance reports) |
|
The following items from the City Performance were resolved en bloc (Clr Guile/Clr Wells) at this time. They are marked with an asterisk (*) in these Minutes.
|
Items marked with an * were resolved ‘en block’.
|
CL21.216 Register - Disclosure of Pecuniary Interest Returns - 2020/21 |
HPERM Ref: D21/382615 |
|
RESOLVED* (Clr Guile / Clr Wells) MIN21.761 That: 1. The report regarding the Register – Disclosure of Pecuniary Interest Returns lodged for the period of 1 July 2020 to 30 June 2021 be received for information 2. The Chief Executive Officer consider appropriate action in respect of any Designated Persons who have failed to provide their return for the period of 1 July 2020 to 30 June 2021.
|
|
|
HPERM Ref: D21/446363 |
|
|
RESOLVED* (Clr Guile / Clr Wells) MIN21.762 That Council: 1. Receive the Record of Investments for the Period to 30 September 2021 report of the Chief Executive Officer (City Performance) for information. 2. Note that Council’s total Investment Portfolio (excluding the Long-Term Growth Fund) returned 0.90% per annum for the month of September 2021, exceeding the benchmark AusBond Bank Bill Index (0.01% pa) by 89 basis points (0.89%). 3. Note the performance of the Long-Term Growth Fund as presented in the report.
|
|
City Futures
|
CL21.218 Update - NSW Government's Regional Housing Taskforce |
HPERM Ref: D21/426226 |
|
That Council receive the update report on the NSW Governments Regional Housing Taskforce for information.
|
|
|
RESOLVED (Clr Findley / Clr Wells) MIN21.763 That Council receive the update report on the NSW Governments Regional Housing Taskforce for information.
|
|
|
CL21.219 Grant Offer to Council - Building Better Regions Fund Round 5 - Ulladulla Harbourside |
HPERM Ref: D21/439191 |
|
Recommendation That Council 1. Accept the grant of $1,575,686 from the Australian Government’s ‘Building Better Regions’ Fund Round 5 for the Ulladulla Harbourside upgrade project 2. Authorise the Chief Executive Officer to sign the funding agreements with the Australian Government for this project 3. Write to the Member for Gilmore thanking the Australian Government for the grant from the Building Better Regions Fund Round 5.
|
|
|
RESOLVED (Clr Findley / Clr White) MIN21.764 That Council 1. Accept the grant of $1,575,686 from the Australian Government’s ‘Building Better Regions’ Fund Round 5 for the Ulladulla Harbourside upgrade project. 2. Authorise the Chief Executive Officer to sign the funding agreements with the Australian Government for this project. 3. Write to the Member for Gilmore thanking the Australian Government for the grant from the Building Better Regions Fund Round 5.
|
|
|
CL21.220 Jervis Bay Regional Boat Ramp Master Plan (option H) - Construction - Boat Maintenance Facility - Woollamia - Operational Procedures / Leasing Arrangements |
HPERM Ref: D21/442918 |
|
That 1. Council completes the construction of the Boat Maintenance Facility at the Woollamia Boat Ramp as soon as possible. 2. Council lease the use of the Boat Maintenance Facility at Woollamia to local shipwright, Paul Kennedy, for three (3) years with an option of a further 3 years. 3. The Chief Executive Officer (City Futures) confirm a “fair” rental for the first 18 months to be reviewed after 12 months of operations and reset for the final 18 months of the initial lease term and thereafter reviewed at 12 monthly intervals, should the option be taken up. 4. The lease be subject to adequate commercial insurance coverage and trading terms to the satisfaction of the Chief Executive Officer (City Futures).
|
|
|
RESOLVED (Clr Watson / Clr Guile) MIN21.765 That: 1. Council completes the construction of the Boat Maintenance Facility at the Woollamia Boat Ramp as soon as possible. 2. Council lease the use of the Boat Maintenance Facility at Woollamia to local shipwright, Paul Kennedy, for three (3) years with an option of a further 3 years. 3. The Chief Executive Officer (City Futures) confirm a “fair” rental for the first 18 months to be reviewed after 12 months of operations and reset for the final 18 months of the initial lease term and thereafter reviewed at 12 monthly intervals, should the option be taken up. 4. The lease be subject to adequate commercial insurance coverage and trading terms to the satisfaction of the Chief Executive Officer (City Futures). 5. The shipping container be relocated off the hard stand area. 6. A 3m section (at the western end) of the hard stand, be excluded from the leased area. 7. Council defer decision making until there is further broadscale community consultation.
|
|
|
CL21.221 Tenders - Placemaking at Vincentia Shopping Village |
HPERM Ref: D21/423409 |
|
Recommendation That Council consider a separate confidential report “Tenders – Placemaking at Vincentia Shopping Village” in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.
|
|
|
RESOLVED (Clr Proudfoot / Clr Wells) MIN21.766 That Council consider a separate confidential report “Tenders – Placemaking at Vincentia Shopping Village” in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.
|
|
City Services
|
Call Over of the Business Paper (City Services) |
|
The following items were called up for debate: CL21.222, CL21.223, CL21.224 The remaining items from the City Services Directorate were resolved en bloc (Clr Wells/Clr Guile) at this time. They are marked with an asterisk (*) in these Minutes.
|
|
CL21.224 Natural Areas Volunteers - Parkcare Action Plans - Barker Reserve / Burrill Lake Lions Park / Valley Drive Reserve |
HPERM Ref: D21/374373 |
|
Recommendation That Council: 1. Endorse the updated and new “Parkcare” Plans for a. Barker Reserve – Burrill Lake (NEW) b. Burrill Lake Lions Park (UPDATED) c. Valley Drive Reserve – Conjola Park (NEW) 2. Continue to allocate ongoing annual operating funding of $400 (GST exclusive and CPI adjusted) for each Parkcare Group, totalling $1,200 to cover safety PPE, miscellaneous materials, waste disposal and purchase minor tools.
|
|
|
RESOLVED (Clr Proudfoot / Clr White) MIN21.767 That Council: 1. Endorse the updated and new “Parkcare” Plans for a. Barker Reserve – Burrill Lake (NEW) b. Burrill Lake Lions Park (UPDATED) c. Valley Drive Reserve – Conjola Park (NEW) 2. Continue to allocate ongoing annual operating funding of $400 (GST exclusive and CPI adjusted) for each Parkcare Group, totalling $1,200 to cover safety PPE, miscellaneous materials, waste disposal and purchase minor tools.
|
|
|
CL21.222 Pathway - Callala Beach to Callala Bay – Beach Rd & Emmett St - Options Investigation / Costs - Staged plan - Community Consultation |
HPERM Ref: D21/247835 |
|
1. The paths labelled 1-7 (on the attached plan Callala Bay - Callala Beach Rd and Emmett St Pathway Investigation Concept Plan 2568_02) are worthy of detailed design and costing. 2. Once detailed design is completed, estimated costs for construction are known and further community consultation will be undertaken as agreed with community representatives, (likely to occur in late 2022).
|
|
|
RESOLVED (Clr White / Clr Pakes) MIN21.768 That Council note the following in relation to recent engagement with the community in the Callala Beach/Callala Bay area in May 2021, in respect of improved pedestrian connectivity between Callala Bay and Callala Beach along Emmett Street and Callala Beach Road; 1. The paths labelled 1-7 (on the attached plan Callala Bay - Callala Beach Rd and Emmett St Pathway Investigation Concept Plan 2568_02) are worthy of detailed design and costing. 2. Once detailed design is completed, estimated costs for construction are known and further community consultation will be undertaken as agreed with community representatives, (likely to occur in late 2022).
|
|
|
HPERM Ref: D21/200835 |
|
|
That: 1. The CEO (Director City Services) undertake works to create better delineation of the existing overflow trailer parking at Basin View Boat Ramp prior to the peak tourism season in December 2021, with a view to providing approximately 10 additional parking bays, at a cost of approximately $22,500 to be funded from budget adjustments at the next quarterly budget review. 2. Council allocate $50,000 in the draft 2022/2023 budget documentation for the investigation and subsequent design of additional trailer parking bays at Basin View Boat Ramp, with the aim of developing a staged upgrading plan for additional parking (if required) and report to Council on costs and environmental impacts of any parking expansion plans.
|
|
|
RESOLVED (Clr Watson / Clr Proudfoot) MIN21.769 That: 1. The CEO (Director City Services) undertake works to create better delineation of the existing overflow trailer parking at Basin View Boat Ramp prior to the peak tourism season in December 2021, with a view to providing approximately 10 additional parking bays, at a cost of approximately $22,500 to be funded from budget adjustments at the next quarterly budget review. 2. Council allocate $50,000 in the draft 2022/2023 budget documentation for the investigation and subsequent design of additional trailer parking bays at Basin View Boat Ramp, with the aim of developing a staged upgrading plan for additional parking (if required) and report to Council on costs and environmental impacts of any parking expansion plans. 3. Council replace trees at the reserve in the vicinity of the Basin View Boat Ramp.
|
|
|
CL21.224 Natural Areas Volunteers - Parkcare Action Plans - Barker Reserve / Burrill Lake Lions Park / Valley Drive Reserve |
HPERM Ref: D21/374373 |
|
Item dealt with earlier in the meeting see MIN21.768
|
|
Items marked with an * were resolved ‘en block’.
|
CL21.225 Expression of Interest - Lease - 100 St Vincent St. Ulladulla |
HPERM Ref: D21/424596 |
|
RESOLVED* (Clr Wells / Clr Guile) MIN21.770 That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.
|
|
|
CL21.226 Tenders - Construction of Havilland Street Boat Launching Ramp & Carpark, Conjola Park |
HPERM Ref: D21/431404 |
|
RESOLVED* (Clr Wells / Clr Guile) MIN21.771 That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.
|
|
|
CL21.227 Tenders - Design, Install and Commission Materials Recovery Facility |
HPERM Ref: D21/415902 |
|
RESOLVED* (Clr Wells / Clr Guile) MIN21.772 That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.
|
|
|
CL21.228 Tenders - Management & Operation Holiday Haven Shoalhaven Heads |
HPERM Ref: D21/418469 |
|
RESOLVED* (Clr Wells / Clr Guile) MIN21.773 That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.
|
|
City Development
|
Call Over of the Business Paper (City Development) |
|
The following items were called up for debate: CL21.230, CL21.232, CL21.234 The remaining items from the City Development Directorate were resolved en bloc (Clr Levett/Clr Alldrick) at this time. They are marked with an asterisk (*) in these Minutes.
|
Items marked with an * were resolved ‘en block’.
|
CL21.229 Variations to Development Standards - September Quarter 2021 |
HPERM Ref: D21/416588 |
|
RESOLVED* (Clr Levett / Clr Alldrick) MIN21.774 That Council receive the Variations to Development Standards – June Quarter Report 2021 for information.
|
|
|
CL21.230 DA16/1465 - 173 Kinghorne Street and 2 & 4 Albatross Road, NOWRA - Lot 1, 29 & 30 DP 25114 |
HPERM Ref: D21/256010 |
|
That Development Application DA16/1465 – mixed use development consisting of 55 residential units and commercial space on the land known as 173 Kinghorne Street and 2 & 4 Albatross Road, Nowra (Lot 1, 29 and 30 DP 25114) be determined by way of refusal for the reasons set out in the section 4.15 Assessment Report (Attachment 1) and in the Notice of Determination (Attachment 2) to this report.
|
|
|
RESOLVED (Clr Levett / Clr Findley) MIN21.775 That in relation to Development Application DA16/1465 – mixed use development consisting of 55 residential units and commercial space on the land known as 173 Kinghorne Street and 2 & 4 Albatross Road, Nowra (Lot 1, 29 and 30 DP 25114) the matter be deferred to early 2022. For: Clr Findley, Clr Gash, Clr White, Clr Wells, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Nil
|
|
|
CL21.231 DA21/1673 - 116-118 St Vincent Street, Ulladulla - Advice Addendum Report to be submitted. |
HPERM Ref: D21/450150 |
|
RESOLVED* (Clr Wells / Clr Alldrick) MIN21.776 That this report be received for information noting that an Addendum Report will be submitted to Council’s Ordinary Meeting of 26 October 2021. For: Clr Findley, Clr Gash, Clr White, Clr Wells, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Nil
|
|
|
CL21.234 DA21/1673 –116-118 St Vincent St Ulladulla – Lot 1 & 2 DP21597 |
HPERM Ref: D21/412620 |
|
Recommendation That Development Application DA21/1673 for Demolition of the existing development and the development of a mixed-use development comprising basement car park, commercial lots on the ground level and three levels of shop-top housing at 116-118 St Vincent Street Ulladulla - Lots 1 & 2 DP21597 be deferred to the next available Council meeting to allow discussion with the applicant regarding issues raised in this report.
|
|
|
RESOLVED (Clr Watson / Clr White) MIN21.777 That Development Application DA21/1673 for Demolition of the existing development and the development of a mixed-use development comprising basement car park, commercial lots on the ground level and three levels of shop-top housing at 116-118 St Vincent Street Ulladulla - Lots 1 & 2 DP21597 be deferred to the next available Council meeting to allow discussion with the applicant regarding issues raised in this report. For: Clr Findley, Clr Gash, Clr White, Clr Wells, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Nil
|
|
Items marked with an * were resolved ‘en block’.
|
DE21.122 Development Application - DA21/1392 – Old Southern Rd South Nowra – Lot 2 DP 1065105 & Lot 28 DP 17310 |
HPERM Ref: D21/383231 |
|
RESOLVED* (Clr Wells / Clr Alldrick) MIN21.778 That Development Application No. DA21/1392 for a Staged Residential Flat Building Development (containing 56 Units, and ancillary communal facilities, internal roads and services) pursuant to the Shoalhaven Local Environmental Plan 2014 at Lot 2 DP 1065105 & Lot 28 DP 17310, Old Southern Rd South Nowra be determined by way of refusal for the reasons contained in Attachment 1 of this report. For: Clr Findley, Clr Gash, Clr White, Clr Wells, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Nil Note: This item was reintroduced see MIN21.781
|
|
|
HPERM Ref: D21/386412 |
|
|
That Council receive this report for information and note the revised triggers for Lake Conjola artificial entrance intervention in accordance with the Department of Planning, Industry and Environment (DPIE) - Crown Land licence dated 24 September 2021.
|
|
|
RESOLVED (Clr White / Clr Findley) MIN21.779 That Council receive this report for information and note the revised triggers for Lake Conjola artificial entrance intervention in accordance with the Department of Planning, Industry and Environment (DPIE) - Crown Land licence dated 24 September 2021.
|
|
|
Procedural Motion - Reintroduction of Item |
|
RESOLVED (Clr Pakes / Clr White) MIN21.780 That DE21.122 - Development Application - DA21/1392 – Old Southern Rd South Nowra – Lot 2 DP 1065105 & Lot 28 DP 17310 be reintroduced for discussion to allow for discussion.
|
|
DE21.122 Development Application - DA21/1392 – Old Southern Rd South Nowra – Lot 2 DP 1065105 & Lot 28 DP 17310 |
HPERM Ref: D21/383231 |
|
Note: This item was reintroduced to allow for discussion. |
|
|
Recommendation That Development Application No. DA21/1392 for a Staged Residential Flat Building Development (containing 56 Units, and ancillary communal facilities, internal roads and services) pursuant to the Shoalhaven Local Environmental Plan 2014 at Lot 2 DP 1065105 & Lot 28 DP 17310, Old Southern Rd South Nowra be determined by way of refusal for the reasons contained in Attachment 1 of this report.
|
|
|
Procedural Motion – EXTENSION of Meeting (Clr Pakes / Clr Findley) That the meeting be extended until 10.00pm. CARRIED
|
|
|
Motion (Clr Findley / Clr Levett) That Development Application No. DA21/1392 for a Staged Residential Flat Building Development (containing 56 Units, and ancillary communal facilities, internal roads and services) pursuant to the Shoalhaven Local Environmental Plan 2014 at Lot 2 DP 1065105 & Lot 28 DP 17310, Old Southern Rd South Nowra be determined by way of refusal for the reasons contained in Attachment 1 of this report. For: Clr Findley and Clr Levett Against: Clr Gash, Clr White, Clr Wells, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot LOST
|
|
|
RESOLVED (Clr Pakes / Clr Gash) MIN21.781 That the Development Application No. DA21/1392 for a Staged Residential Flat Building Development (containing 56 Units, and ancillary communal facilities, internal roads and services) be deferred to allow staff to work with the applicant and report back in early 2022. For: Clr Findley, Clr Gash, Clr White, Clr Wells, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Nil
|
|
City Lifestyles
|
CL21.233 The Bob Proudfoot Pavilion - Public Exhibition Summary and Way Forward |
HPERM Ref: D21/425355 |
|
Clr Proudfoot – less than significant non pecuniary interest declaration – remained in the room and took part in discussion and vote.
|
|
|
That Council; 1. Receive this report as a summary of the public exhibition for the Bob Proudfoot Pavilion, Sanctuary Point. 2. Endorse the design of the Bob Proudfoot Pavilion, in accordance with the publicly exhibited concept design (Design Iteration 3). 3. Proceed to construction ready detailed designs for the Bob Proudfoot Pavilion and subsequent request for tender for the construction of the Bob Proudfoot Pavilion. 4. Re-prioritise capital projects identified in the 2022/2023 DPOP and 10-Year Delivery Plan to address the budget shortfall to construct the Bob Proudfoot Pavilion if the funding application under the NSW State Stronger Country Communities Fund Round 4 is unsuccessful. 5. A further report be brought to Council at the conclusion of the public request for tender process for the construction and delivery of the Bob Proudfoot Pavilion.
|
|
|
RESOLVED (Clr Proudfoot / Clr White) MIN21.782 That Council; 1. Receive this report as a summary of the public exhibition for the Bob Proudfoot Pavilion, Sanctuary Point. 2. Endorse the design of the Bob Proudfoot Pavilion, in accordance with the publicly exhibited concept design (Design Iteration 3 with amendment to the gym space increase to 5.7m). 3. Proceed to construction ready detailed designs for the Bob Proudfoot Pavilion and subsequent request for tender for the construction of the Bob Proudfoot Pavilion. 4. Re-prioritise capital projects identified in the 2022/2023 DPOP and 10-Year Delivery Plan to address the budget shortfall to construct the Bob Proudfoot Pavilion if the funding application under the NSW State Stronger Country Communities Fund Round 4 is unsuccessful. 5. A further report be brought to Council at the conclusion of the public request for tender process for the construction and delivery of the Bob Proudfoot Pavilion.
|
|
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 Guile) MIN21.783
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.
CSA21.45 Expression of Interest - Occupation of 177-179 Illaroo Road. North Nowra Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. 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. CSA21.46 Covid Rent Relief - 13 July 2021 - 13 January 2022 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. CSA21.47 Tenders – Minor Works & Maintenance to External Finishes – Reroofing & Repainting – Nowra Showground Pavilion Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. 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. CSA21.48 Land Acquisition Matter - Meroo 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. CCL21.16 Tenders – Placemaking at Vincentia Shopping Village 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. CCL21.17 Expression of Interest - Lease - 100 St Vincent St. Ulladulla Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.10(A)(2)(c) There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests. CCL21.18 Tenders - Construction of Havilland Street Boat Launching Ramp & Carpark, Conjola Park 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. CCL21.19 Tenders – Design, Install and Commission Materials Recovery Facility 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. CCL21.20 Tenders – Management & Operation of Holiday Haven Shoalhaven Heads 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
|
The meeting moved into confidential the time being 9.45pm.
The meeting moved into open session, the time being 9.58pm.
Report from confidential session
Note: Clr White, Clr Wells, Clr Guile and Clr Watson left the meeting, the time being 9.59pm:
The following resolutions of the meeting, whilst closed to the public, were made public.
|
CSA21.45 Expression of Interest - Occupation of 177-179 Illaroo Road. North Nowra |
HPERM Ref: D21/421576 |
|
RESOLVED MIN21.785C That Council: 1. Approve the Veterans MC South Coast Chapter Incorporated (VMC) for the use and occupation of 177-179 Illaroo Road, North Nowra for a term of ten (10) years at a commencing rental of $510 per annum with Council. Subject to any formal approval process 2. Endorse a budget to Building Services for an amount of $12,000 per annum for outgoings and repairs in order to maintain the property during the term of the lease. 3. Delegate approval to the CEO for the execution of relevant documentation required for this resolution to occur. 4. Authorise the CEO (Director City Services) to continue investigating suitable premises for occupation by the Bomaderry Lions Club Inc. Noting that the Lions Club currently have an informal arrangement for storage amongst their members.
|
|
|
HPERM Ref: D21/419332 |
|
|
RESOLVED MIN21.786C That Council: 1. Introduce a new COVID19 rent-free period for six months from 13 July 2021 to 13 January 2022 for the following (Attachment 1 – Current List of Rent Relief Properties) a. Community Properties – 100% rent relief for the period b. Commercial/Retail Properties – 50% rent relief for the period where hardship can be demonstrated 2. Defer any outgoings for the period 13 July 2021 to 13 January 2022. Payment to occur within two years or balance of the lease whichever is the greater from 14 January 2022. 3. Freeze any rental increases until after 13 January 2022. 4. Delegate authority to the CEO (Director City Services) to provide Rent Relief to tenancies listed in Attachment 3 – ‘Proposed Rent Relief Table’ if a “hardship” case can be demonstrated as a result of the COVID19 crisis. The CEO/Director City Services is to report all representations and decisions at an appropriate Quarterly Budget Review.
|
|
|
CSA21.47 Tenders – Minor Works & Maintenance to External Finishes – Reroofing & Repainting – Nowra Showground Pavilion |
HPERM Ref: D21/420249 |
|
RESOLVED MIN21.787C That Council: 1. In accordance with Section 178(1)(b) of the Local Government (General) Regulation 2021 (the Regulation) decline to accept any Tenders for Minor Works & Maintenance to External Finishes – Reroofing & Repainting – Nowra Showground Pavilion as tenders were higher than the available budget. The lowest conforming tender exceeded the budget by $129,491.70. 2. Conduct a new tender in accordance with Section 178(3)(b) and invite new tender submissions for the same or different details, in accordance with Clauses 167, 168 and 169 of the Regulation. 3. Fund the project shortfall of the re-tendered works by deferring projects from the Swim Sport Fitness capital works 2021/2022 budget and consider bringing forward Special Rate Variation for funding from future budget outyears if necessary.
|
|
|
HPERM Ref: D21/340813 |
|
|
RESOLVED MIN21.788C That Council: 1. Undertake the proposed actions outlined in the report 2. Pay compensation for the acquisitions 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; and 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.
|
|
|
CCL21.16 Tenders – Placemaking at Vincentia Shopping Village |
HPERM Ref: D21/423345 |
|
RESOLVED MIN21.789C That Council 1. In accordance with Section 178(1)(b) of the regulations decline to accept any Tender for Civil and Landscape Upgrade for Burton Street Mall as the funding is insufficient to complete the project as designed. 2. In accordance with Clause 178(3)(e) enter into negotiations with Jirgens Civil Pty Ltd, or any other contractor as needed/appropriate, for the following reasons: a. The Tender amount offered exceeds the available funding by 10.7% b. There would appear to be savings to be achieved through construction methodology and pro-active project management c. There would appear to be opportunities to reduce the cost through change of scope or changes in materials 3. Delegate the authority to the CEO to execute all documents on Council’s behalf in relation to any contract formed as a result of the above to enable the work to commence.
|
|
|
CCL21.17 Expression of Interest - Lease - 100 St Vincent St. Ulladulla |
HPERM Ref: D21/418038 |
|
RESOLVED MIN21.790C That in respect to 100 Vincent Street Ulladulla Council: 1. Provide in principle support to the use and occupation of Section B, by the Safe Waters Community Care Inc. (SWCC), for a five (5) year lease term with a five (5) year option, subject to any formal approval. 2. Provide in principle support to the use and occupation of Section A, by the Milton Ulladulla Historical Society (MUHS), for a five (5) year lease term with a five (5) year option, subject to any formal approval. 3. Provide the following allocation in the 2022/2023 Building Services Operational Draft Budget: a. Compliance and Improvement works $225,000 b. Annual Maintenance and Operating Costs $20,000
|
|
|
CCL21.18 Tenders - Construction of Havilland Street Boat Launching Ramp & Carpark, Conjola Park |
HPERM Ref: D21/431412 |
|
RESOLVED MIN21.791C That: 1. Council endorses the recommendation of the Tender Evaluation Panel and accepts the Tender from Jirgens Civil Pty Ltd for construction of Havilland Street Boat Launching Ramp & Carpark, Conjola Park for a total cost of $1,300,003.21 (excluding GST). 2. The contract documents and any other associated documents be executed on behalf of the Council in accordance with Local Government (General) Regulation 2021 (section 165) by the CEO (Director City Services).
|
|
|
CCL21.19 Tenders – Design, Install and Commission Materials Recovery Facility |
HPERM Ref: D21/415913 |
|
RESOLVED MIN21.792C That: 1. Council endorses the recommendation of the Tender Evaluation Panel and accepts the Tender from Australian Bale Press Company Pty Limited for Design, Install and Commission Materials Recovery Facility for a total cost of $16,555,000 (excluding GST). 2. The contract documents and any other associated documents be executed on behalf of the Council in accordance with Local Government (General) Regulation 2021 (section 165) by the CEO (Director City Services).
|
|
|
CCL21.20 Tenders – Management & Operation of Holiday Haven Shoalhaven Heads |
HPERM Ref: D21/418472 |
|
RESOLVED MIN21.793C That: 1. Council endorses the recommendation of the Tender Evaluation Panel and accepts the Tender from B Buckley & D Seaton for The Management and Operation of Holiday Haven Shoalhaven Heads for a total cost of $5.4M (excluding GST). 2. The contract documents and any other associated documents be executed on behalf of the Council in accordance with Local Government (General) Regulation 2021 (section 165) by the CEO (Director City Services). 3. Council thank the outgoing Managers of Holiday Haven Shoalhaven Heads for their hard work, dedication and commitment to Holiday Haven over the past twenty years.
|
|
There being no further business, the meeting concluded, the time being 10.07pm.
Clr Findley
CHAIRPERSON