Minutes of Ordinary Meeting - Monday, 28 November 2022

Minutes of the Ordinary Meeting

Meeting Date: Monday, 28 November 2022

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

Time: 5.30pm

The following members were present:

Clr Amanda Findley - Chairperson

Clr John Kotlash

Clr Matthew Norris

Clr Liza Butler

Clr Moo D'Ath

Clr Serena Copley

Clr Paul Ell

Clr Patricia White

Clr John Wells

Clr Greg Watson

Clr Mark Kitchener

Clr Tonia Gray

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 Country by the Chairperson, followed with a Moment of Silence & Reflection and the playing of the Australian National Anthem.

Apologies / Leave of Absence

Clr Christen submitted an apology for this meeting and requested a Leave of Absence for the Ordinary Meetings 5 and 12 December 2022.

RESOLVED (Clr D'Ath / Clr White) MIN22.876

That Clr Christen be granted a Leave of Absence for the Ordinary Meetings 5 and 12 December 2022.

Confirmation of the Minutes

RESOLVED (Clr White / Clr Wells) MIN22.877

That the Minutes of the Ordinary Meeting held on Monday 14 November 2022 be confirmed.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

Declarations of Interest

Clr Ell – CL22.623 - Notice of Motion - Cudmirrah / Swan Lake Cycleway - Naming - David Tarbert – less than significant non pecuniary interest declaration – Mr Tarbert is a personal friend of Clr Ell and a member of the liberal party of which Clr Ell is also a member – will remain in the room and will take part in discussion and vote.

Mayoral Minute

MM22.29 Mayoral Minute - Statewide Road Emergency

HPERM Ref: D22/483441

Note: At the request of the meeting Mr Paul Keech – Director City Services – presented to the Councillors from Councils webpage regarding severe weather events and reconstruction works.

Recommendation

That:

1. Shoalhaven Council joins with Local Government NSW and the Country Mayors Association of NSW in declaring a Statewide Road Emergency.

2. The Mayor write to the Prime Minister of Australia, The Hon, Anthony Albanese MP and the Premier of New South Wales, The Hon. Dominic Perrottet MP, pleading for immediate action.

RESOLVED (Clr Findley / Clr White) MIN22.878

That:

1. Shoalhaven Council joins with Local Government NSW and the Country Mayors Association of NSW in declaring a Statewide Road Emergency.

2. The Mayor write to the Prime Minister of Australia, The Hon, Anthony Albanese MP and the Premier of New South Wales, The Hon. Dominic Perrottet MP, pleading for immediate action.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

MM22.30 Mayoral Minute - Milton Ulladulla By Pass

HPERM Ref: D22/492227

Recommendation

Council receives an urgent briefing with Transport for NSW in respect to their recent announcement about the preferred route for the Milton Ulladulla By Pass and the entry/exit points.

RESOLVED (Clr Findley / Clr Butler) MIN22.879

Council receives an urgent briefing with Transport for NSW regarding:

1. Their recent announcement about the preferred route for the Milton Ulladulla By Pass and the entry/exit points.

2. An update on the Princes Highway including Jervis Bay Road and Hawken Road.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

Procedural Motion - Deputations

RESOLVED (Clr Watson / Clr Wells) MIN22.880

That Council hear a deputation from the applicant, Mr Scott Mileto regarding Item CL22.625 - Notice of Motion - Call in - DA22/1977 - 68 Owen St, Huskisson.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

Deputations and Presentations

CL22.611 - Required Adjusted Approach - Moss Vale Road North Urban Release Area - Shoalhaven Development Control Plan 2014

Mr James Harris addressed the meeting to speak against the recommendation

CL22.625 - Notice of Motion - Call in - DA22/1977 - 68 Owen St, Huskisson

Mr Scott Mileto addressed the meeting to speak against the recommendation

Call Over of the Business Paper

Call Over of Business Paper - En bloc

RESOLVED (Clr Wells / Clr White) MIN22.881

That the following item from the Shoalhaven Arts Board be resolved en bloc:

· AB22.50 - Policy - Public Art Policy

Note – the item will be marked with an asterisk (*) in these Minutes.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

Call Over of Business Paper - En bloc

RESOLVED (Clr White / Clr Copley) MIN22.882

That the following item from City Performance Directorate be resolved en bloc:

· CL22.605 - Policy - Loans (Advances) to Community Groups Policy

Note – the item will be marked with an asterisk (*) in these Minutes.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

Call Over of Business Paper - En bloc

RESOLVED (Clr White / Clr Wells) MIN22.883

That the following item from City Futures Directorate be resolved en bloc:

· CL22.610 - Proposed Planning Agreement - Road Infrastructure Construction and Land Dedication - Commercial Road, South Nowra

Note – the item will be marked with an asterisk (*) in these Minutes.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

Call Over of Business Paper - En bloc

RESOLVED (Clr Ell / Clr Copley) MIN22.884

That the following item from City Services Directorate be resolved en bloc:

· CL22.612 - Proposed Sale of Lane - 111 Taylors Lane Cambewarra - Moss Vale Road South Urban Release Area

Note – the item will be marked with an asterisk (*) in these Minutes.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

Call Over of Business Paper - En bloc

RESOLVED (Clr Copley / Clr Norris) MIN22.885

That the following item from City Development Directorate be resolved en bloc:

· CL22.615 - Policy - Contaminated Land Management

Note – the items will be marked with an asterisk (*) in these Minutes.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

Call Over of Business Paper - En bloc

RESOLVED (Clr Butler / Clr Ell) MIN22.886

That the following items from City Lifestyles Directorate be resolved en bloc:

· CL22.617 - Policy - Plaques and Memorials

· CL22.618 - Rescind Healthy Living Policy with Adoption of Shoalhaven Community Wellbeing Strategy

· CL22.619 - Policy - Australian Aboriginal Flag Protocol Review

· CL22.620 - Request for Plaques and Memorials

Note – the items will be marked with an asterisk (*) in these Minutes.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

Call Over of Business Paper - En bloc

RESOLVED (Clr Norris / Clr Kotlash) MIN22.887

That the following items from Shoalhaven Water be resolved en bloc:

· CL22.621 - Towards Net Zero Emissions - 2021-22 Annual Energy Review Report

· CL22.622 - Policies - Shoalhaven Water - Round Eight

Note – the items will be marked with an asterisk (*) in these Minutes.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

Procedural Motion - Bring Items Forward

RESOLVED (Clr Findley / Clr Watson) MIN22.888

That the following items be brought forward for consideration:

· CL22.611 - Required Adjusted Approach - Moss Vale Road North Urban Release Area - Shoalhaven Development Control Plan 2014

· CL22.625 - Notice of Motion - Call in - DA22/1977 - 68 Owen St, Huskisson

· CL22.627 - Notice of Motion - Tourism Australia Budget Cuts

· CL22.628 - Notice of Motion - Urgent Pothole Repairs Prior to Christmas

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

CL22.611 Required Adjusted Approach - Moss Vale Road North Urban Release Area - Shoalhaven Development Control Plan 2014

HPERM Ref: D22/467142

Note: A deputation was received on this item.

Recommendation

That Council:

1. Repeal the Moss Vale Road North Urban Release Area (URA) chapter of the Shoalhaven Development Control Plan (DCP) 2014 (Amendment No.40) that was adopted by Council in accordance with MIN22.662.

2. Prepare a new Moss Vale Road North URA chapter of the Shoalhaven DCP 2014 that will include the following:

a. What was exhibited in May-July 2022 with the changes that were previously adopted by Council (Part 1 of MIN22.662) as shown in Attachment 1.

b. The changes required following the resolution of the negotiations with the NSW Government.

c. Detail regarding the proposed infrastructure contributions package (Part 5 of MIN22.662).

3. Receive a further report seeking endorsement to publicly exhibit the:

a. Proposed new Moss Vale Road North URA chapter of the Shoalhaven DCP 2014.

b. Proposed amendment to the Shoalhaven Contributions Plan 2019 relating to the URA.

c. Planning Proposal again, should the outcomes of the ongoing negotiations with the NSW Government require this to occur.

4. Strongly request that the NSW Government intervene to enable a timely and reasonable resolution of the outstanding matters with the NSW Department of Planning and Environment - Water Licencing and Approvals and Transport for NSW.

5. Advise landowners and those who made a submission during the public exhibition period of this decision.

Motion (Clr Wells / Clr Ell)

That Council:

1. Repeal the Moss Vale Road North Urban Release Area (URA) chapter of the Shoalhaven Development Control Plan (DCP) 2014 (Amendment No.40) that was adopted by Council in accordance with MIN22.662.

2. Prepare a new Moss Vale Road North URA chapter of the Shoalhaven DCP 2014 that will include the following:

a. What was exhibited in May-July 2022 with the changes that were previously adopted by Council (Part 1 of MIN22.662) as shown in Attachment 1.

b. The changes required following the resolution of the negotiations with the NSW Government.

c. Detail regarding the proposed infrastructure contributions package (Part 5 of MIN22.662).

3. Receive a further report seeking endorsement to publicly exhibit the:

a. Proposed new Moss Vale Road North URA chapter of the Shoalhaven DCP 2014.

b. Proposed amendment to the Shoalhaven Contributions Plan 2019 relating to the URA.

c. Planning Proposal again, should the outcomes of the ongoing negotiations with the NSW Government require this to occur.

4. Strongly request that the NSW Government intervene to enable a timely and reasonable resolution of the outstanding matters with the NSW Department of Planning and Environment - Water Licencing and Approvals and Transport for NSW.

5. Staff actively re-engage with local landowners, and particularly the new landowner of stage1 of the MVRN sub-divisions and consider the merit of the alternatives put forward as part of that engagement

For: Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson and Clr Kitchener

Against: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath and Clr Gray

LOST on the CASTING VOTE of the CHAIRPERSON

RESOLVED (FORSHADOWED MOTION) (Clr Gray / Clr Norris) MIN22.889

That Council:

1. Repeal the Moss Vale Road North Urban Release Area (URA) chapter of the Shoalhaven Development Control Plan (DCP) 2014 (Amendment No.40) that was adopted by Council in accordance with MIN22.662.

2. Prepare a new Moss Vale Road North URA chapter of the Shoalhaven DCP 2014 that will include the following:

a. What was exhibited in May-July 2022 with the changes that were previously adopted by Council (Part 1 of MIN22.662) as shown in Attachment 1.

b. The changes required following the resolution of the negotiations with the NSW Government.

c. Detail regarding the proposed infrastructure contributions package (Part 5 of MIN22.662).

3. Receive a further report seeking endorsement to publicly exhibit the:

a. Proposed new Moss Vale Road North URA chapter of the Shoalhaven DCP 2014.

b. Proposed amendment to the Shoalhaven Contributions Plan 2019 relating to the URA.

c. Planning Proposal again, should the outcomes of the ongoing negotiations with the NSW Government require this to occur.

4. Strongly request that the NSW Government intervene to enable a timely and reasonable resolution of the outstanding matters with the NSW Department of Planning and Environment - Water Licencing and Approvals and Transport for NSW.

5. Advise landowners and those who made a submission during the public exhibition period of this decision.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath and Clr Gray

Against: Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson and Clr Kitchener

CARRIED on the casting vote of the chairperson

CL22.625 Notice of Motion – Call in – DA22/1977 – 68 Owen St, Huskisson

HPERM Ref: D22/488580

Note: A deputation was received on this item.

Recommendation

That

1. Councillors be briefed on the application for 68 Owen St, Huskisson – DA22/1977.

2. The application DA22/1977 be called up to Council for decision due to public interest.

RESOLVED (Clr Watson / Clr Kotlash) MIN22.890

That

1. Council be briefed on its ability to regulate the mix of enterprises in commercial area’s as a matter of low priority.

2. The application DA22/1977 be determined by the CEO or his delegate under delegated authority.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D’Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

CL22.627 Notice of Motion - Tourism Australia Budget Cuts

HPERM Ref: D22/488730

Recommendation

That Council:

1. Acknowledges the incredibly challenging period our local tourism sector has faced over recent years as a result of bushfires, natural disasters and COVID-19.

2. Recognises that international visitors contribute significantly to the Shoalhaven economy and that the promotion of Australia and our region around the world as a tourist destination must continue to be a key priority.

3. Notes its disappointment about the Albanese Labour Government’s short-sighted decision in the October 2022 budget to slash Tourism Australia’s funding by $36 million in 2023.

4. Urges the Albanese Government to reverse this decision and directs the CEO to write a letter expressing this position to the following:

a. The Hon. Anthony Albanese MP, the Prime Minister;

b. Senator the Hon. Don Farrell, the Minister for Trade and Tourism; and

c. Mrs Fiona Phillips, Federal Member for Gilmore.

MOTION (Clr Ell / Clr Copley) MIN22.891

That Council:

1. Acknowledges the incredibly challenging period our local tourism sector has faced over recent years as a result of bushfires, natural disasters and COVID-19.

2. Recognises that international visitors contribute significantly to the Shoalhaven economy and that the promotion of Australia and our region around the world as a tourist destination must continue to be a key priority.

3. Notes its disappointment about the Albanese Labour Government’s short-sighted decision in the October 2022 budget to slash Tourism Australia’s funding by $36 million in 2023.

4. Urges the Albanese Government to reverse this decision and directs the CEO to write a letter expressing this position to the following:

a. The Hon. Anthony Albanese MP, the Prime Minister;

b. Senator the Hon. Don Farrell, the Minister for Trade and Tourism; and

c. Mrs Fiona Phillips, Federal Member for Gilmore.

For: Clr Copley and Clr Ell

Against: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

CL22.628 Notice of Motion - Urgent Pothole Repairs Prior to Christmas

HPERM Ref: D22/488811

Recommendation

That:

1. Council acknowledges the extensive pothole maintenance task being undertaken on the entrance roads to all coastal villages as the result of multiple natural disaster declarations under very trying circumstances.

2. The CEO ensures that this maintenance effort is one of Council’s highest priorities in the lead up to the Christmas period given the large amount of traffic these roads will be required to carry over the coming months.

RESOLVED (Clr Butler / Clr White) MIN22.892

That:

1. Council acknowledges the extensive pothole maintenance task being undertaken on the entrance roads to all coastal villages as the result of multiple natural disaster declarations under very trying circumstances.

2. The CEO ensures that this maintenance effort is one of Council’s highest priorities in the lead up to the Christmas period given the large amount of traffic these roads will be required to carry over the coming months.

3. The CEO and Director of City Services convey Council’s appreciation to staff for their hard work and in particular the work of road crews and professional staff.

4. Council condemns the abuse of Council staff who are working hard to address these issues.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

Report of the Shoalhaven Arts Board - 9 November 2022

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

AB22.50 Policy - Public Art Policy

HPERM Ref: D22/447489

RESOLVED* (Clr Wells / Clr White) MIN22.893

That Council adopts the revisions to the Public Art Policy POL18/69 as endorsed by the Shoalhaven Arts Board.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

Reports

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

CL22.605 Policy - Loans (Advances) to Community Groups Policy

HPERM Ref: D22/460495

RESOLVED* (Clr White / Clr Copley) MIN22.894

That Council adopt the Loans (Advances) to Community Groups Policy.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

CL22.606 2022/2023 Council Borrowings - Loan Agreement - Holiday Haven

HPERM Ref: D22/458453

Recommendation

That Council:

1. Enter into a loan agreement with the Commonwealth Bank of Australia for the amount of $9,190,484 (to be repaid over 10 years with an indicative interest rate of 5.71%) to cover Holiday Haven’s borrowing requirements that have been previously endorsed by Council and included in the 2021/22 and 2022/23 Delivery Programs and Budgets.

2. Delegate authority to the Chief Executive Officer to execute the loan agreement.

RESOLVED (Clr Ell / Clr White) MIN22.895

That Council:

1. Enter into a loan agreement with the Commonwealth Bank of Australia for the amount of $9,190,484 (to be repaid over 10 years with an indicative interest rate of 5.71%) to cover Holiday Haven’s borrowing requirements that have been previously endorsed by Council and included in the 2021/22 and 2022/23 Delivery Programs and Budgets.

2. Delegate authority to the Chief Executive Officer to execute the loan agreement.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

AGAINST: Nil

The meeting adjourned to allow for refreshments the time being 8.03pm

The meeting reconvened the time being 8.35pm

The following members were present:

Clr Amanda Findley - Chairperson

Clr John Kotlash

Clr Matthew Norris

Clr Liza Butler

Clr Moo D'Ath

Clr Serena Copley

Clr Paul Ell

Clr Patricia White

Clr John Wells

Clr Greg Watson

Clr Mark Kitchener

Clr Tonia Gray

CL22.607 Investment Report - October 2022

HPERM Ref: D22/470897

Recommendation

That Council:

1. Receive the Record of Investments for the period to 31 October 2022.

2. Note that Council’s total Investment Portfolio (excluding the Long-Term Growth Fund) returned 2.14% per annum for the month of October 2022, underperforming the benchmark AusBond Bank Bill Index (2.89% pa) by -75 basis points (-0.75%).

3. Note the performance of the Long-Term Growth Fund as presented in the report.

RESOLVED (Clr Wells / Clr White) MIN22.896

That Council:

1. Receive the Record of Investments for the period to 31 October 2022.

2. Note that Council’s total Investment Portfolio (excluding the Long-Term Growth Fund) returned 2.14% per annum for the month of October 2022, underperforming the benchmark AusBond Bank Bill Index (2.89% pa) by -75 basis points (-0.75%).

3. Note the performance of the Long-Term Growth Fund as presented in the report.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

AGAINST: Nil

CL22.608 Budget Strategies and Parameters - 2023/24

HPERM Ref: D22/483244

Recommendation

That Council adopt the following budgeting strategies and guiding economic parameters for the preparation of the initial Draft of the 2023/24 Budget to be considered at future Budget Workshops:

1. Principal budgeting strategies:

a. The budget will not result in an unrestricted cash deficit

b. Prioritise funding in the following order:

i. Provide sufficient funding for all continuing services

ii. Continue Council’s commitment to asset renewal

iii. Continue a program of capital improvements to address historic budget shortfalls

iv. Provide funding for essential service expansions

c. Maintain or improve Council’s financial and asset management performance indicators reported in the annual financial statements

d. Maintain an adequate working funds balance

e. Incorporate the State and Federal Governments’ commitments into the budget

f. Minimise carry forwards through substantial completion and long-term planning of the capital works program

2. Economic parameters for budgeting:

a. Rates are increased by 4.6%

b. User fees and charges are increased by a minimum of 5%

c. Salaries and wages are increased by 4.6%.

d. Materials and other expenditures increase by a maximum of 5%

e. The capital works program has the same level of general funding as 2022/23, less:

i. $1.5M allocated to additional loan repayments for the new loans in 2022/23,

ii. $2M allocated to fund the second year of the historic maintenance shortfalls, and

iii. an additional $2M allocated for road maintenance.

f. Borrowing for capital works is limited to Council businesses where an external funding source for the loan repayment can be identified or the capital works program is reduced in future years.

g. Should the need arise during the year for additional funding, the following options will be considered:

i. Low cost loan initiative

ii. Internal borrowing opportunities

iii. Asset rationalisation

3. Repairs to Council’s Road Network be a primary focus of the initial draft of the Capital Works Program.

4. Budget Workshops be scheduled with all Councillors in the preparation of the draft 2023/24 budget which will include consideration of any recommended re-prioritisation of capital works projects listed in the current Delivery Program and Operational Plan.

RESOLVED (Clr White / Clr Findley) MIN22.897

That Council adopt the following budgeting strategies and guiding economic parameters for the preparation of the initial Draft of the 2023/24 Budget to be considered at future Budget Workshops:

1. Principal budgeting strategies:

a. The budget will not result in an unrestricted cash deficit

b. Prioritise funding in the following order:

i. Provide sufficient funding for all continuing services

ii. Continue Council’s commitment to asset renewal

iii. Continue a program of capital improvements to address historic budget shortfalls

iv. Provide funding for essential service expansions

c. Maintain or improve Council’s financial and asset management performance indicators reported in the annual financial statements

d. Maintain an adequate working funds balance

e. Incorporate the State and Federal Governments’ commitments into the budget

f. Minimise carry forwards through substantial completion and long-term planning of the capital works program

2. Economic parameters for budgeting:

a. Rates are increased by 4.6%

b. User fees and charges are increased by a minimum of 5%

c. Salaries and wages are increased by 4.6%.

d. Materials and other expenditures increase by a maximum of 5%

e. The capital works program has the same level of general funding as 2022/23, less:

i. $1.5M allocated to additional loan repayments for the new loans in 2022/23,

ii. $2M allocated to fund the second year of the historic maintenance shortfalls, and

iii. an additional $2M allocated for road maintenance.

f. Borrowing for capital works is limited to Council businesses where an external funding source for the loan repayment can be identified or the capital works program is reduced in future years.

g. Should the need arise during the year for additional funding, the following options will be considered:

i. Low cost loan initiative

ii. Internal borrowing opportunities

iii. Asset rationalisation

3. Repairs to Council’s Road Network be a primary focus of the initial draft of the Capital Works Program.

4. Budget Workshops be scheduled with all Councillors in the preparation of the draft 2023/24 budget which will include consideration of any recommended re-prioritisation of capital works projects listed in the current Delivery Program and Operational Plan.

5. Council continue to prepare the necessary plans to enable grant funding opportunities, and consider not adding new discretionary capital works projects at the proposed councillor budget workshops, due to the ongoing need for road upgrades.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

CL22.609 Council Representatives on Other Committees or Organisations Outside of Council - Southern Water Services Pty Ltd

HPERM Ref: D22/489460

Recommendation

That

1. Council appoints the CEO, as the Board Director of Southern Water Services Pty Ltd, in line with the Company obligations in relation to the Australian Securities and Investment Commission requirements.

2. The appointment of Directors on the Board of Southern Water Services Pty Ltd continue to be reviewed on an annual basis as part of the appointment of Council representatives on other committees or organisations.

RESOLVED (Clr White / Clr Wells) MIN22.898

That

1. Council appoints the CEO, as the Board Director of Southern Water Services Pty Ltd, in line with the Company obligations in relation to the Australian Securities and Investment Commission requirements.

2. The appointment of Directors on the Board of Southern Water Services Pty Ltd continue to be reviewed on an annual basis as part of the appointment of Council representatives on other committees or organisations.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

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

CL22.610 Proposed Planning Agreement - Road Infrastructure Construction and Land Dedication - Commercial Road, South Nowra

HPERM Ref: D22/466040

RESOLVED* (Clr White / Clr Wells) MIN22.899

That Council:

1. Provide in-principle support to enter into a Voluntary Planning Agreement (VPA) with the landowner (Nowra Storage Solutions Pty Ltd) of Lot B DP 400054, 236 Princes Highway, South Nowra for the construction of road and drainage infrastructure and dedication of land, as outlined in this report and noting that the VPA is to relate to the proposed subdivision and future development of the resulting lots.

2. Endorse the allocation of deleted funds from Planning Area 1, where available, to cover any shortfall in available funds that may occur relating to the construction of the road/drainage infrastructure and land dedication, following the procurement of independent costings. If there is not enough in the deleted funds budget to cover any shortfall, the remaining shortfall is to be covered by the developer upfront and reimbursed back to the developer as contributions are received over time for 01ROAD3104 and 01ROAD3105, to the value of the difference.

3. Delegate authority to Council’s Chief Executive Officer, or his delegate, to:

a. Finalise negotiations including acceptance of plans, independent costings of works and valuation of land.

b. Prepare the draft VPA and associated Explanatory Note.

c. Publicly exhibit the draft VPA and associated Explanatory Note for a minimum of 28 days as required by legislation.

d. Enter into the VPA consistent with the general terms outlined in this report, except where further negotiations or issues raised as a result of public notification result in substantial changes to the proposal, in which case Council will receive a further report prior to proceeding.

4. Notify the landowner of this resolution.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

CL22.611 Required Adjusted Approach - Moss Vale Road North Urban Release Area - Shoalhaven Development Control Plan 2014

HPERM Ref: D22/467142

Item dealt with earlier/later in the meeting see MIN22.889

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

CL22.612 Proposed Sale of Lane - 111 Taylors Lane Cambewarra - Moss Vale Road South Urban Release Area

HPERM Ref: D22/467044

RESOLVED* (Clr Ell / Clr Copley) MIN22.900

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

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

CL22.613 Policy - Sustainability and Climate- Feedback and Recommendations

HPERM Ref: D22/452807

Recommendation

That Council:

1. Notes the summary of feedback received and recommendations regarding changes to the draft Sustainability and Climate Policy (POL22/177).

2. Adopts the Sustainability and Climate Policy (POL22/177).

3. Endorses the corresponding Action Plan to be prepared with input from across Council with a target date of adoption by March 2023.

RESOLVED (Clr Findley / Clr Gray) MIN22.901

That Council:

1. Notes the summary of feedback received and recommendations regarding changes to the draft Sustainability and Climate Policy (POL22/177).

2. Adopts the Sustainability and Climate Policy (POL22/177), with the following amendment:

a. Council will Increase tree canopy cover in our towns and villages in order to enhance community resilience to climate change and support wildlife .

3. Endorses the corresponding Action Plan to be prepared with input from across Council with a target date of adoption by March 2023.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

CL22.614 Shoalhaven Animal Shelter Yearly Report

HPERM Ref: D22/354177

Recommendation

That Council receives the Shoalhaven Animal Shelter Yearly Report for information.

RESOLVED (Clr Ell / Clr White) MIN22.902

That Council receives the Shoalhaven Animal Shelter Yearly Report for information.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

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

CL22.615 Policy - Contaminated Land Management

HPERM Ref: D22/352647

RESOLVED* (Clr Copley / Clr Norris) MIN22.903

That Council adopt revised POL22/45 Contaminated Land Management Policy presented as (Attachment 1).

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

CL22.616 Policy Review - Community Consultative Bodies Policy - Public Exhibition

HPERM Ref: D22/354690

Recommendation

That Council

1. Endorse the Draft Community Consultative Body Policy for public exhibition of not less than 28 days to obtain community feedback.

2. Receive a further report, should there be significant adverse comments received during the public exhibition period – noting that if no significant adverse comments are received that the Policy will be deemed adopted.

3. Communicate to the Community Consultative Bodies that the Policy is proceeding to public exhibition and request their feedback.

RESOLVED (Clr White / Clr Gray) MIN22.904

That Council

1. Endorse the Draft Community Consultative Body Policy for public exhibition from 9 January 2023 - 6 March 2023 to obtain community feedback.to obtain community feedback.

2. Receive a further report be received by Council following the public exhibition period

3. Communicate to the Community Consultative Bodies that the Policy is proceeding to public exhibition and request their feedback.

4. Council investigate options for public liability insurance whilst CCB’s are using Council facilities

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

Procedural Motion – Extension of Meeting

RESOLVED (Clr Wells / Clr White) MIN22.905

That the Ordinary Meeting be extended to 9.15pm

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

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

CL22.617 Policy - Plaques and Memorials

HPERM Ref: D22/438958

RESOLVED* (Clr Butler / Clr Ell) MIN22.906

That Council adopts the reviewed Plaques and Memorials Policy (POL22/57)

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

CL22.618 Rescind Healthy Living Policy with Adoption of Shoalhaven Community Wellbeing Strategy

HPERM Ref: D22/457203

RESOLVED* (Clr Butler / Clr Ell) MIN22.907

That Council

1. Note that the Shoalhaven Community Wellbeing Strategy encompasses the content and intentions of the Healthy Living Policy (POL22/54).

2. Rescind the Healthy Living Policy (POL22/54) as the Shoalhaven Community Wellbeing Strategy was adopted by Council on 10 October 2022.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

CL22.619 Policy - Australian Aboriginal Flag Protocol Review

HPERM Ref: D22/469342

RESOLVED* (Clr Butler / Clr Ell) MIN22.908

That Council:

1. Endorse the reviewed and updated Flag Protocol - Australian Aboriginal Flag - POL22/53.

2. Add the information from the Flag Protocol - Australian Aboriginal Flag - POL22/53 to the draft of Australian Flag & Other Flags (POL19/21).

3. Upon adoption of Australian Flag & Other Flags Policy (POL19/21) the Flag Protocol - Australian Aboriginal Flag Policy (POL22/53) is to be rescinded.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

CL22.620 Request for Plaques and Memorials

HPERM Ref: D22/476084

RESOLVED* (Clr Butler / Clr Ell) MIN22.909

That Council:

1. As per the Plaques and Memorials Policy, approve the request for a new seat and plaque at Seaside Pde, Dolphin Point.

2. Advise the applicant of Council’s determination of the request.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

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

CL22.621 Towards Net Zero Emissions - 2021-22 Annual Energy Review Report

HPERM Ref: D22/458358

RESOLVED* (Clr Norris / Clr Kotlash) MIN22.910

That Council receive and note the energy initiatives outlined in the Towards Net-Zero Emissions - Annual Energy Review 2021-22 Report presented as Attachment 1.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

CL22.622 Policies - Shoalhaven Water - Round Eight

HPERM Ref: D22/402194

RESOLVED* (Clr Norris / Clr Kotlash) MIN22.911

That Council reaffirm the following policies with minor changes:

1. Reclaimed Water Policy

2. Backflow Prevention Cross-connection Control

3. Liquid Trade Waste Discharge to Sewerage System Policy

4. Building Over Water/Sewer Pipelines Policy

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

Notices of Motion / Questions on Notice

CL22.623 Notice of Motion - Cudmirrah / Swan Lake Cycleway - Naming - David Tarbert

HPERM Ref: D22/488530

Clr Ell - less than significant non pecuniary interest declaration - Mr Tarbert is a personal friend of Clr Ell and a member of the liberal party of which Clr Ell is also a member - Remained in the room and took part in discussion and vote.

Recommendation

That Council:

1. Investigate the naming of the Council cycleway Cudmirrah to Lake Drive Swan Lake the “Dave Tarbert” cycleway including the new pedestrian bridge.

2. Report back to Council following the investigations.

RESOLVED (Clr White / Clr Kotlash) MIN22.912

That Council:

1. Investigate the naming of the Council cycleway Cudmirrah to Lake Drive Swan Lake the “Dave Tarbert” cycleway including the new pedestrian bridge.

2. Report back to Council following the investigations.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

CL22.624 Notice of Motion - Conjola Park Boat Ramp

HPERM Ref: D22/488545

Recommendation

That Council provide:

1. Portable toilets to the new Conjola Park boat ramp facility over the summer period.

2. Garbage bins and waste service collection to the new Conjola Park boat ramp facilities.

RESOLVED (Clr White / Clr Wells) MIN22.913

That Council provide:

1. Portable toilets to the new Conjola Park boat ramp facility over the summer period.

2. Garbage bins and waste service collection to the new Conjola Park boat ramp facilities.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

AGAINST: Nil

CL22.625 Notice of Motion - Call In - DA22/1977 - 68 Owen St, Huskisson

HPERM Ref: D22/488580

Item dealt with earlier/later in the meeting see MIN22.890

CL22.626 Notice of Motion - Milton War Memorial Centenary

HPERM Ref: D22/488640

Recommendation

That Council:

1. Acknowledges that the centenary of the Milton War Memorial will occur on 5 May 2023.

2. Requests the CEO investigate:

a. Any cleaning or repairs which may be required to appropriately restore the monument in preparation for this milestone.

b. Other options for recognising the centenary including the erection of signage.

3. As part of this investigation, directs the CEO to consult with the Milton Ulladulla Historical Society, service organisations and any other relevant stakeholders.

4. Directs the CEO to ensure that any required works under point 2 above which can be completed within existing budgets are undertaken prior to May 2023.

5. Requests the CEO to report back to Council on the status of these works and options for securing funding for any works which cannot be accommodated within existing budget allocations.

RESOLVED (Clr Ell / Clr White) MIN22.914

That Council:

1. Acknowledges that the centenary of the Milton War Memorial will occur on 5 May 2023.

2. Requests the CEO investigate:

a. Any cleaning or repairs which may be required to appropriately restore the monument in preparation for this milestone.

b. Other options for recognising the centenary including the erection of signage.

c. applying for funds to achieve the above under the State Government’s Community War Memorials Fund.

3. As part of this investigation, directs the CEO to consult with the Milton Ulladulla Historical Society, service organisations and any other relevant stakeholders.

4. Directs the CEO to ensure that any required works under point 2 above which can be completed within existing budgets are undertaken prior to May 2023.

5. Requests the CEO to report back to Council on the status of these works and options for securing funding for any works which cannot be accommodated within existing budget allocations.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

AGAINST: Nil

CL22.627 Notice of Motion - Tourism Australia Budget Cuts

HPERM Ref: D22/488730

Item dealt with earlier/later in the meeting see MIN22.891

CL22.628 Notice of Motion - Urgent Pothole Repairs Prior to Christmas

HPERM Ref: D22/488811

Item dealt with earlier/later in the meeting see MIN22.892

CL22.629 Notice of Motion - Temporary Speed Limit Reduction - Murramarang Road

HPERM Ref: D22/488859

Recommendation

That Council:

1. Request that the CEO undertake urgent actions to manage the safety of Murramarang Rd between Bawley Point and Kioloa with respect to the condition of the road over the upcoming summer holiday season, specifically taking into account the potential for interactions between vehicles and active transport users as follows, but not limited to:

a. Electronic Mobile message boards warning of the risks

b. Damaged Road signage

c. Speed reductions signs

2. Urgently write to the Minister of NSW Transport and Minister for Rural & Regional Roads requesting approval for Council to enforce temporary speed reduction on all local roads where there is damaged pavement.

3. Provide copies of the correspondence in point 2 to our local Members for South Coast, Kiama and Gilmore.

RESOLVED (Clr Butler / Clr White) MIN22.915

That Council:

1. Note the CEO (Director City Services) has provided further information to Councillors on this issue on 28 November 2022 for information.

2. Place a portable electronic road sign at the T Intersection of Shearwater Drive and Johnston Street, Bawley Point advising:

a. Damaged Pavements – Slow down

b. Illegal campers will be fined. No camping on headlands.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

CL22.630 Notice of Motion - Illegal Camping Bawley Point and Surrounds

HPERM Ref: D22/488887

Recommendation

That Council:

1. Place a portable electronic road sign at the T-intersection of Johnston Street and Murramarang Road advising that camping on headlands and reserves is illegal.

2. Increase the number of Ranger visits early morning and early evening.

RESOLVED (Clr Butler / Clr White) MIN22.916

That Council:

1. Place a portable electronic road sign at the T-intersection of Johnston Street and Murramarang Road advising that camping on headlands and reserves is illegal.

2. Place a portable electronic road sign on the Princes Highway at the roundabout south of Burrill Lake and one on the Princes Highway adjacent to Mick Ryan Park Milton to capture all traffic travelling north or south in the Milton/Ulladulla district.

3. Increase the number of Ranger visits early morning and early evening.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

AGAINST: Nil

Procedural Motion - Extension of Meeting

RESOLVED (Clr Wells / Clr White) MIN22.917

That the meeting be further extended.

CL22.631 Notice of Motion - Hold a Councillor Workshop to Participate in the Development of a Five-Year Road Plan (as per CL22.135)

HPERM Ref: D22/488927

Recommendation

That Council:

1. Hold a Councillor workshop on a weekend to allow available Councillors to participate in the development of a five-year roads plan as per CL22.135.

2. This workshop to include:

a. The proposed schedule of works for the next 12 months.

b. The proposed schedule of works for the following 12 months.

c. The budget required for these works.

d. The amount of Grant funding that Council has received to date and pending.

e. How these grants are being utilised for the roads.

f. Identify any budget shortfalls for the proposed works.

g. Develop a clear line of communication for the public.

RESOLVED (Clr Butler / Clr Gray) MIN22.918

That Council:

1. Hold a Councillor workshop on a weekend to allow available Councillors to participate in the development of a five-year roads plan as per CL22.135.

2. This workshop to include:

a. The proposed schedule of works for the next 12 months.

b. The proposed schedule of works for the following 12 months.

c. The budget required for these works.

d. The amount of Grant funding that Council has received to date and pending.

e. How these grants are being utilised for the roads.

f. Identify any budget shortfalls for the proposed works.

g. Develop a clear line of communication for the public.

For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

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 Kotlash) MIN22.919

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.

CCL22.33 Proposed Sale of Land - 111 Taylors Lane Cambewarra - Moss Vale Road South Urban Release Area

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

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

The meeting moved into confidential the time being 9:19pm

The meeting moved into open session, the time being 9:21pm

Report from confidential session

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

CCL22.33 Proposed Sale of Land - 111 Taylors Lane Cambewarra - Moss Vale Road South Urban Release Area

HPERM Ref: D22/458375

RESOLVED MIN22.920C

That Council undertake the proposed option 1 as detailed in the report to facilitate the sale of 111 Taylors Lane Cambewarra Moss Vale Road South Urban Release Area (MVRS URA).

There being no further business, the meeting concluded, the time being 9:21pm

Clr Findley

CHAIRPERSON