Minutes of the Ordinary Meeting
Meeting Date: Monday, 26 June 2023
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 Moo D'Ath
Clr Serena Copley
Clr Paul Ell
Clr Evan Christen
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.
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RESOLVED (Clr Christen / Clr White) MIN23.308 That the Minutes of the Ordinary Meeting held on Monday 05 June 2023 be confirmed. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
Nil
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MM23.16 Mayoral Minute - Support Country Mayors Association Campaign against Water Utility Privatisation |
HPERM Ref: D23/226186 |
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Recommendation That Council 1. Support the Country Mayors Association of NSW in its call for Local Government-owned Water Utilities to remain in Local Government ownership. 2. Write to the Member for South Coast, Liza Butler and the Minister for Water, Housing, Homelessness, Mental Health, Youth and the North Coast, The Hon Rose Jackson, requesting that Local Government-owned Water Utilities (such as Shoalhaven Water) are protected from private ownership and State Government ownership, by way of enshrining in the NSW Constitution. |
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RESOLVED (Clr Findley / Clr Wells) MIN23.309 That Council 1. Support the Country Mayors Association of NSW in its call for Local Government-owned Water Utilities to remain in Local Government ownership. 2. Write to the Member for South Coast, Liza Butler and the Minister for Water, Housing, Homelessness, Mental Health, Youth and the North Coast, The Hon Rose Jackson, requesting that Local Government-owned Water Utilities (such as Shoalhaven Water) are protected from private ownership and State Government ownership, by way of enshrining in the NSW Constitution. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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HPERM Ref: D23/242194 |
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Recommendation That Council write to both Jayden Simms of City Services and Wil Osgood of Shoalhaven Water, congratulating them on winning awards at the 2023 Hunter Valley Training Company (HVTC) Excellence Awards. |
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RESOLVED (Clr Findley / Clr Christen) MIN23.310 That Council write to both Jayden Simms of City Services and Wil Osgood of Shoalhaven Water, congratulating them on winning awards at the 2023 Hunter Valley Training Company (HVTC) Excellence Awards. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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HPERM Ref: D23/243141 |
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Recommendation That Council acknowledge and congratulate the following Shoalhaven recipients of the 2023 Kings Birthday Honours: · Mr Graham Bruce Ford AM · Mr Michael Ernest Stafford-Bennett AM · Ms Lynette Ethel Doppler AM · Mrs Janet Hughes AM · The Late Mr Ivan George Gray OAM · Dr Philip Robert Holmes OAM · Dr Ian Douglas McCrossin OAM · Deputy Captain Victor Charles Judson AFSM · Mr Raymond John Jones ESM |
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RESOLVED (Clr Findley / Clr Norris) MIN23.311 That Council acknowledge and congratulate the following Shoalhaven recipients of the 2023 Kings Birthday Honours: · Mr Graham Bruce Ford AM · Mr Michael Ernest Stafford-Bennett AM · Ms Lynette Ethel Doppler AM · Mrs Janet Hughes AM · The Late Mr Ivan George Gray OAM · Dr Philip Robert Holmes OAM · Dr Ian Douglas McCrossin OAM · Deputy Captain Victor Charles Judson AFSM · Mr Raymond John Jones ESM For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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MM23.19 Mayoral Minute - Shoalhaven City Council to make Representations to Member for South Coast to change the classification of Council Waste Levy from Metropolitan to Regional. |
HPERM Ref: D23/244026 |
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Recommendation That Council writes to the Member for South Coast Ms Liza Butler MP seeking a change to Shoalhaven City Council’s Waste Levy classification from Metropolitan to Regional. |
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RESOLVED (Clr Findley / Clr Wells) MIN23.312 That Council writes to the Member for South Coast Ms Liza Butler MP seeking a change to Shoalhaven City Council’s Waste Levy classification from Metropolitan to Regional. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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MM23.20 Mayoral Minute - Support for Private Members Bill - Amendment to the Rural Fires Act 1997 |
HPERM Ref: D23/246494 |
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Recommendation That Council support the Private Members Bill introduced to Parliament earlier this week by Member for Northern Tablelands Adam Marshall, amending the Rural Fires Act 1997 to transfer the ownership of NSW Rural Fire Service (RFS) vehicles, fire trucks and buildings from local Councils back to the State Government. |
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RESOLVED (Clr Findley / Clr Ell) MIN23.313 That Council 1. Support the Private Members Bill introduced to Parliament earlier this week by Member for Northern Tablelands Adam Marshall, amending the Rural Fires Act 1997 to transfer the ownership of NSW Rural Fire Service (RFS) vehicle and fire trucks from local Councils back to the State Government. 2. Write to Member for Northern Tablelands Adam Marshall in regards RFS buildings not being transferred to the State Government. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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Presentation – NSW Police - CL23.193 Response to Notice of Motion – Crime Spree in the Nowra CBD
Chief Inspector, Operations Portfolio for South Coast Police District, Ray Stynes addressed the meeting in regard to Item CL23.193 Response to Notice of Motion – Crime Spree in the Nowra CBD
CL23.201 - Pedestrian Facility Improvements - Queen Street, Berry
Mr Laurie Watson addressed the meeting to speak FOR the recommendation
CL23.203 - DA21/2330 - 82 Cyrus Street Hyams Beach - Lot 1 DP 1222535
Mr David Cannon addressed the meeting to speak AGAINST the recommendation
Ms Kathryn Roulstone addressed the meeting to speak FOR the recommendation
CL23.209 - Notice of Motion - Call in DA23/1352 - 23 Parker Crescent Berry - Lot 331 DP 1226462
Mr Rod Eagle addressed the meeting to speak FOR the recommendation
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Procedural Motion – Hear Further Deputations |
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RESOLVED (Clr Ell) MIN23.314 That Council hear four further deputations (being two FOR and two AGAINST) from Ms Denise Kemp, Mr Bob Proudfoot, Ms Kaye Gartner and Mr Bruce McKenzie in relation to item CL23.208 - Rescission Motion - CL23.173 - Post Exhibition Consideration - 45 Degree Rule and Tree Management - Draft Amendment (Chapter G4), Shoalhaven DCP 2014 (DCP2014.52). For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
CL23.208 Rescission Motion – CL23.173 – Post Exhibition Consideration – 45 Degree Rule and Tree Management – Draft Amendment (Chapter G40), Shoalhaven DCP 2014 (DCP2014.52)
Ms Denise Kemp addressed the meeting to speak FOR the recommendation
Clr D’Ath raised a Point of Order against Ms Denise Kemp. The Mayor ruled as a Point of Order. Ms Kemp was asked to ensure the information presented was relevant to the Item being debated.
Mr Bob Proudfoot addressed the meeting to speak FOR the recommendation
Ms Kaye Gartner addressed the meeting to speak AGAINST the recommendation
Mr Bruce addressed the meeting to speak AGAINST the recommendation
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Procedural Motion - Bring Item Forward |
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RESOLVED (Clr Findley / Clr Christen) MIN23.315 That the following items be brought forward for consideration following the call over of the business paper: · CL23.194 - Delivery Program Operational Plan, Budget 2023/24 - Exhibition Outcomes · CL23.193 - Response to Notice of Motion – Crime Spree in the Nowra CBD · CL23.201 - Pedestrian Facility Improvements - Queen Street, Berry · CL23.203 - DA21/2330 - 82 Cyrus Street Hyams Beach - Lot 1 DP 1222535 · CL23.208 - Rescission Motion - CL23.173 - Post Exhibition Consideration - 45 Degree Rule and Tree Management - Draft Amendment (Chapter G4), Shoalhaven DCP 2014 (DCP2014.52) For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
Call Over of the Business Paper
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Call Over of Business Paper - En bloc |
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RESOLVED (Clr White / Clr Copley) MIN23.316 That the following items from Committee Reports be resolved en bloc: · CBD23.17 - Standing Report - Budget Update - June 2023 · CBD23.24 - Demolition - 16 Berry Street, Nowra For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil Note – the items will be marked with an asterisk (*) in these Minutes. |
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Call Over of Business Paper - En bloc |
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RESOLVED (Clr White / Clr Gray) MIN23.317 That the following item from City Performance Directorate be resolved en bloc: · CL23.195 - Ongoing Register of Pecuniary Interest Returns - May 2023 For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil Note – the items will be marked with an asterisk (*) in these Minutes. |
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Call Over of Business Paper - En bloc |
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RESOLVED (Clr White / Clr Wells) MIN23.318 That the following item from City Futures Directorate be resolved en bloc: · CL23.198 - Proposed Planning Proposal - 2023 Instrument Housekeeping Amendment - Shoalhaven Local Environmental Plan 2014 (PP059) For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil Note – the items will be marked with an asterisk (*) in these Minutes. |
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Call Over of Business Paper - En bloc |
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RESOLVED (Clr Wells / Clr Norris) MIN23.319 That the following items from City Services Directorate be resolved en bloc: · CL23.200 - Classification of Land - Lot 30 DP 1285758 Catalina Place, Badagarang · CL23.202 - Tenders Declined - Ferry Lane Nowra - Shared User Path and Kerb and Guttering For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil Note – the items will be marked with an asterisk (*) in these Minutes. |
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Procedural Motion - Bring Item Forward |
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RESOLVED (Clr Wells / Clr Gray) MIN23.320 That the matter of item CL23.204 - DA22/1716 - Lot 1 DP 537126 & Lot 2 DP 526958 Princes Hwy - Lots 52 & 53 DP 828221 / Part Lot 7 DP 759018 Wason Street - Ulladulla be brought forward for consideration. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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CL23.204 DA22/1716 - Lot 1 DP 537126 & Lot 2 DP 526958 Princes Hwy - Lots 52 & 53 DP 828221 / Part Lot 7 DP 759018 Wason Street - Ulladulla |
HPERM Ref: D23/219436 |
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Recommendation That Development Application DA22/1716 for the demolition of existing pavement and stairs down to the Harbour from Wason Street, removal of existing A-frame and weigh station for the Fishermen’s Clubhouse, removal of trees and vegetation within the construction envelope and construct extension to the Ulladulla Harbour elevated pedestrian boardwalk – Stages 3 to 5 over Lot 1 DP 537126, Lot 2 DP 526958 Princes Highway, Lots 52 & 53 DP 828221 and Part Lot 7 Sec 17 DP 759018 Wason Street, Ulladulla be approved subject to the conditions contained in Attachment 3 of this report. |
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RESOLVED (Clr Wells / Clr Gray) MIN23.321 That the item CL23.204 - DA22/1716 - Lot 1 DP 537126 & Lot 2 DP 526958 Princes Hwy - Lots 52 & 53 DP 828221 / Part Lot 7 DP 759018 Wason Street - Ulladulla be deferred to a Councillor Briefing. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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Call Over of Business Paper - En bloc |
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RESOLVED (Clr Wells / Clr Norris) MIN23.322 That the following item from City Lifestyles Directorate be resolved en bloc: · CL23.205 - Request for Plaques and Memorials For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil Note – the items will be marked with an asterisk (*) in these Minutes. |
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Call Over of Business Paper - En bloc |
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RESOLVED (Clr Wells / Clr Kotlash) MIN23.323 That the following items from Councillor Conference Reports be resolved en bloc: · CL23.206 - Coffs Harbour Waste Conference 2023 · CL23.207 - OZWater 2023 Report For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil Note – the items will be marked with an asterisk (*) in these Minutes. |
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Procedural Motion - Bring Item Forward |
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RESOLVED (Clr Gray / Clr Wells) MIN23.324 That the matter of item CL23.209 - Notice of Motion - Call In DA23/1352 - 23 Parker Crescent Berry - Lot 331 DP 1226462 be brought forward for consideration.
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CL23.209 Notice of Motion - Call in DA23/1352 - 23 Parker Crescent Berry - Lot 331 DP 1226462 |
HPERM Ref: D23/227880 |
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Recommendation That 1. Council call in DA23/1352 due to significant public interest. 2. Prior to deciding the application, Councillors be provided with an urgent briefing on the status of the multi residential development application at 23 Parker Crescent, Berry, noting: a. The validity of any subdivision applications. b. Acceptable size, scale and setbacks appropriate for this block. |
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RESOLVED (Clr Gray / Clr Wells) MIN23.325 That 1. Council call in DA23/1352 due to significant public interest. 2. Prior to deciding the application, Councillors be provided with an urgent briefing on the status of the multi residential development application at 23 Parker Crescent, Berry, noting: a. The validity of any subdivision applications. b. Acceptable size, scale and setbacks appropriate for this block. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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CL23.194 Delivery Program Operational Plan, Budget 2023/24 - Exhibition Outcomes |
HPERM Ref: D23/211326 |
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Recommendation That having considered the submissions received as part of the exhibition process for the Draft Delivery Program and Operational Plan 2023/24 including Budget, Capital Works Program and Fees and Charges, Council: 1. Adopt the 2023/24 Delivery Program and Operational Plan and Budget inclusive of the following changes: a. Revision of the capital works listing as outlined in Attachment 4. b. Council commits to reinstate funding for the landslide impacted roads located in Upper Kangaroo Valley once access to these roads is re-established - expected early 2024 (refer to submission ref# D11) c. Note that the budget will remain flexible and might be subject to change particularly given the volatility of the energy market and high inflation. 2. Adopt the 2023/24 Fees and Charges Part 1 and Part 2 with the following changes: a. Updated Nowra Library meeting room hire (align with fees listed under Community Facilities, category E small meeting room) b. Remove Library fee - 3D Printing - Site Visit (not operationally viable as a service) c. Updated Maximum administration fee for processing payment refunds, dishonoured cheques and direct debit rejections from $27.50 to $30.00 due to increased costs from our supplier. d. Updated Memorial Gardens and Cemeteries Fees to include the full list of services available for each Cemetery. 3. Resolve to make the following rates and charges in accordance with Section 535 of the Local Government Act 1993 inclusive of a 4.60% rate increase: a. Make an Ordinary Rate, consisting of an ad valorem rate of 0.09454c for each dollar of rateable land value in addition to a base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment, under Section 537 of the Local Government Act 1993, on all rateable land categorised as “Residential”, in accordance with Section 516, for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(1), this rate be named “RESIDENTIAL”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment for the “RESIDENTIAL” category will not produce more than 50% of the total amount payable by the levying of the “RESIDENTIAL” rate in accordance with Section 537(b) [base amount percentage is 49.96%]. b. Make an Ordinary Rate, consisting of an ad valorem rate of 0.09454c for each dollar of rateable land value in addition to a base amount of forty-eight dollars ($48.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on all rateable land which is zoned so as not to permit any building (i.e.; Small Lot Rural Subdivisions) and categorised as “Residential”, in accordance with Section 516, sub category “NON-URBAN”, in accordance with Section 529(2)(b), for the period 1 July 2023 to 30 June 2024, and in accordance with Section 543(1), this rate be named “RESIDENTIAL NON-URBAN”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of forty-eight dollars ($48.00) per rateable assessment for the “RESIDENTIAL NON-URBAN” category will not produce more than 50% of the total amount payable by the levying of the “RESIDENTIAL NON-URBAN” rate in accordance with Section 537(b) [base amount percentage is 37.90%] c. Make an Ordinary Rate, consisting of an ad valorem rate of 0.19075c for each dollar of rateable land value, in accordance with Section 518 of the Local Government Act 1993: “Land is to be categorised as ‘business’ if it cannot be categorised as farmland, residential or mining”. Excepting all rateable land in the subcategories of Commercial/Industrial, Nowra, and Major Retail Centres, an ordinary rate be now made for the period of 1 July 2023 to 30 June 2024 and, in accordance with Section 543(1), this rate be named “BUSINESS”. d. Make an Ordinary Rate, consisting of an ad valorem rate of 0.49358c for each dollar of rateable land value in addition to a base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on all rateable land determined to be a centre of activity and categorised as “Business”, in accordance with Section 518, sub-category “NOWRA”, in accordance with Section 529(2)(d), for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(1), this rate be named “BUSINESS - NOWRA”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment for the “BUSINESS - NOWRA” subcategory will not produce more than 50% of the total amount payable by the levying of the “BUSINESS - NOWRA” rate in accordance with Section 537(b) [base amount percentage is 16.79%]. e. Make an Ordinary Rate, consisting of an ad valorem rate of 0.16551c for each dollar of rateable land value in addition to a base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on all rateable land used or zoned for professional/commercial trade or industrial purposes, determined to be a centre of activity and categorised as “Business”, in accordance with Section 518, sub category “COMMERCIAL/INDUSTRIAL”, in accordance with Section 529(2)(d), for the period of 1 July 2023 to 30 June 2024 and, in accordance with Section 543(1), this rate be named “BUSINESS - COMMERCIAL/INDUSTRIAL”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment for the “BUSINESS – COMMERCIAL/INDUSTRIAL” category will not produce more than 50% of the total amount payable by the levying of the “BUSINESS – COMMERCIAL/INDUSTRIAL” rate in accordance with Section 537(b) [base amount percentage is 30.86%]. f. Make an Ordinary Rate, consisting of an ad valorem rate of 0.69800c for each dollar of rateable land value in addition to a base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on rateable land Lot 2 DP 874730 determined to be a major retail centre and categorised as “Business”, in accordance with Section 518, sub category “MAJOR RETAIL CENTRE - NOWRA”, in accordance with Section 529(2)(d), for the period of 1 July 2023 to 30 June 2024 and, in accordance with Section 543(1), this rate be named “BUSINESS - MAJOR RETAIL CENTRE - NOWRA”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment for the “BUSINESS – MAJOR RETAIL CENTRE - NOWRA” category will not produce more than 50% of the total amount payable by the levying of the “BUSINESS – MAJOR RETAIL CENTRE - NOWRA” rate in accordance with Section 537(b) [base amount percentage is 0.97%]. g. Make an Ordinary Rate, consisting of an ad valorem rate of 0.33620c for each dollar of rateable land value in addition to a base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on rateable land Lot 1 DP 1182358 determined to be a major retail centre and categorised as “Business”, in accordance with Section 518, sub category “MAJOR RETAIL CENTRE - VINCENTIA”, in accordance with Section 529(2)(d), for the period of 1 July 2023 to 30 June 2024 and, in accordance with Section 543(1), this rate be named “BUSINESS - MAJOR RETAIL CENTRE - VINCENTIA”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment for the “BUSINESS – MAJOR RETAIL CENTRE - VINCENTIA” category will not produce more than 50% of the total amount payable by the levying of the “BUSINESS – MAJOR RETAIL CENTRE - VINCENTIA” rate in accordance with Section 537(b) [base amount percentage is 1.85%] h. Make an Ordinary Rate, consisting of an ad valorem rate of 0.07122c for each dollar of rateable land value in addition to a base amount of nine hundred and eighty-four dollars ($984.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on all rateable land categorised as “Farmland”, in accordance with Section 515, for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(1), this rate be named “FARMLAND”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of nine hundred and eighty-four dollars ($984.00) per rateable assessment for the “FARMLAND” category will not produce more than 50% of the total amount payable by the levying of the “FARMLAND” rate in accordance with Section 537 (b) [base amount percentage is 32.99%]. i. Make an Ordinary Rate, consisting of an ad valorem rate of 0.03783c for each dollar of rateable land value in addition to a base amount of one thousand and ninety-seven dollars ($1,097.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on all rateable land categorised as “Farmland”, in accordance with Section 515, sub category “DAIRY FARMERS”, in accordance with Section 529(2)(a), for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(1), this rate be named “FARMLAND - DAIRY FARMERS”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of one thousand and ninety-seven dollars ($1,097.00) per rateable assessment for the “FARMLAND – DAIRY FARMERS” category will not produce more than 50% of the total amount payable by the levying of the “FARMLAND – DAIRY FARMERS” rate in accordance with Section 537(b) [base amount percentage is 50.00%]. j. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.38260c for each dollar of rateable land value in addition to a base amount of two thousand six hundred and seventy-four dollars ($2,674.00), for the cost of road upgrades required to enable property owners to develop their allotments in the Verons Estate. In accordance with Section 495(1), the special rate is to be levied only on those rateable properties with building entitlement within the Verons Estate which, in the opinion of Council, derive special benefit and are subject to this rate, in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(2), this rate be named “VERONS ROAD UPGRADE SPECIAL RATE – DWELLING POTENTIAL”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of two thousand six hundred and seventy-four dollars ($2,674.00) per rateable assessment for the “VERONS ROAD UPGRADE SPECIAL RATE – DWELLING POTENTIAL” will not produce more than 50% of the total amount payable by the levying of the “VERONS ROAD UPGRADE SPECIAL RATE – DWELLING POTENTIAL” in accordance with Section 537(b) [base amount percentage is 49.98%]. k. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.06961c for each dollar of rateable land value in addition to a base amount of two hundred and ninety-seven dollars ($297.00), for the cost of the road upgrades in the Verons Estate. In accordance with Section 495(1), the special rate is to be levied only on those rateable properties without building entitlement within the Verons Estate which, in the opinion of Council, derive special benefit and are subject to this rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(2), this rate be named “VERONS ROAD UPGRADE SPECIAL RATE – NO DWELLING POTENTIAL”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of two hundred and ninety-seven dollars ($297.00) per rateable assessment for the “VERONS ROAD UPGRADE SPECIAL RATE – NO DWELLING POTENTIAL” will not produce more than 50% of the total amount payable by the levying of the “VERONS ROAD UPGRADE SPECIAL RATE – NO DWELLING POTENTIAL” in accordance with Section 537(b) [base amount percentage is 49.83%]. l. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.06631c for each dollar of rateable land value in addition to a base amount of one hundred and twenty-one dollars ($121.00) for the cost associated with the Nebraska road construction project. In accordance with Section 495(1), the special rate is to be levied only on those rateable properties within the Nebraska Estate which, in the opinion of Council, derive special benefit and are subject to this rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(2), this rate be named “NEBRASKA ROAD CONSTRUCTION SPECIAL RATE”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of one hundred and twenty-one dollars ($121.00) per rateable assessment for the “NEBRASKA ROAD CONSTRUCTION SPECIAL RATE” will not produce more than 50% of the total amount payable by the levying of the “NEBRASKA ROAD CONSTRUCTION SPECIAL RATE” in accordance with Section 537(b) [base amount percentage is 49.80%]. m. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.20652c for each dollar of rateable land value in addition to a base amount of one thousand one hundred and thirty-six dollars ($1,136.00) for the cost associated with the Jerberra road infrastructure project. In accordance with Section 495(1), the special rate is to be levied only on those rateable properties within the Jerberra Estate which, in the opinion of Council, derive special benefit and are subject to this rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(2), this rate be named “JERBERRA ROAD INFRASTRUCTURE SPECIAL RATE”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of one thousand one hundred and thirty-six dollars ($1,136.00) per rateable assessment for the “JERBERRA ROAD INFRASTRUCTURE SPECIAL RATE” will not produce more than 50% of the total amount payable by the levying of the “JERBERRA ROAD INFRASTRUCTURE SPECIAL RATE” in accordance with Section 53 (b) [base amount percentage is 49.96%]. n. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.06964c for each dollar of rateable land value in addition to a base amount of three hundred and eighty-three dollars ($383.00) per rateable assessment for the cost associated with the Jerberra electricity infrastructure project. In accordance with Section 495(1), the special rate is to be levied only on those rateable properties within the Jerberra Estate which, in the opinion of Council, derive special benefit and are subject to this rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(2), this rate be named “JERBERRA ELECTRICITY INFRASTRUCTURE SPECIAL RATE”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of three hundred and eighty-three dollars ($383.00) per rateable assessment for the “JERBERRA ELECTRICITY INFRASTRUCTURE SPECIAL RATE” will not produce more than 50% of the total amount payable by the levying of the “JERBERRA ELECTRICITY INFRASTRUCTURE SPECIAL RATE” in accordance with Section 537(b) [base amount percentage is 49.96%]. o. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.36653c for each dollar of rateable land value in addition to a base amount of two hundred and fifty-seven dollars ($257.00) per rateable assessment for the cost associated with the Jerberra Road E2 infrastructure project. In accordance with Section 495(1) the special rate is to be levied only on those rateable properties within the Jerberra Estate which, in the opinion of Council, derive special benefit and are subject to this rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(2), this rate be named “JERBERRA ROAD E2 SPECIAL RATE”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of two hundred and fifty-seven dollars ($257.00) per rateable assessment for the “JERBERRA ROAD E2 SPECIAL RATE” will not produce more than 50% of the total amount payable by the levying of the “JERBERRA ROAD E2 SPECIAL RATE” in accordance with Section 537(b) [base amount percentage is 49.85%]. p. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.02082c for each dollar of rateable land value to meet the costs of business promotions for the Sussex Inlet area and surrounds, in accordance with Section 495(1), which in the opinion of Council is of special benefit to the rateable assessments subject to the rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(2), this rate be named “SUSSEX AREA SPECIAL RATE”. q. Make an Annual Charge for Water Usage and Water Availability, in accordance with Section 502 and 552(1) (a) and (b), for the period 1 July 2023 to 30 June 2024, comprising a Water Usage Charge of $2.00 per kilolitre for all residential, commercial and Community Service Obligation categorised properties and a Water Availability Charge based on water meter size:
Properties with multiple water meter service connections will be levied an availability charge for each connection. In accordance with Section 552 of the Local Government Act 1993, any vacant land where the service is available will be levied an availability charge. The charges be named “WATER USAGE CHARGE” and “WATER AVAILABILITY CHARGE”, in accordance with Section 543(3). r. Make an Annual Charge for Sewer Usage and Sewer Availability, in accordance with Section 502 and 552(3) (a) and (b), for the period 1 July 2023 to 30 June 2024, comprising a Sewer Usage Charge of $2.10 per kilolitre for all residential, commercial and Community Service Obligation categorised properties and a Sewer Availability Charge based on water meter size:
Properties with multiple water meter service connections will be levied a sewer availability charge for each connection. In accordance with Section 552 of the Local Government Act 1993, any vacant land where the service is available will be levied an availability charge. The charges be named “SEWER USAGE CHARGE” and “SEWER AVAILABILITY CHARGE”, in accordance with Section 543(3). s. Make an Annual Charge for the availability of a Domestic Waste Management Service, pursuant to Sections 496 and 501 of the Local Government Act 1993, for the period 1 July 2023 to 30 June 2024, on all rateable properties categorised as residential for rating purposes and comprising of a building which is deemed to be a dwelling and located within the defined (urban) waste collection area. The amount for the standard residential domestic waste management service be $468 for one 120 litre mobile garbage bin (MGB) for landfill waste and one 240 litre MGB for recycling. The landfill bin is collected weekly and recycling bin is collected fortnightly. For a higher annual charge of $810, the 120-litre landfill bin may be substituted for a 240-litre landfill bin. For a lower annual charge of $356, the 120-litre landfill bin may be substituted for an 80-litre landfill bin. In accordance with Section 543(3), the charge be named “DOMESTIC WASTE MANAGEMENT CHARGE”. t. Make an Annual Charge for a Rural Domestic Waste Collection Service, pursuant to Sections 496 and 501 of the Local Government Act 1993, for the period 1 July 2023 to 30 June 2024, on rateable properties comprising of a building which is deemed to be a dwelling and located outside of the defined (urban) waste collection area and opt for the rural domestic waste collection service. The amount for the rural domestic waste collection service be $468 for one 120 litre mobile garbage bin (MGB) for landfill waste and one 240 litre MGB for recycling. The landfill bin is collected weekly, and the recycling is collected fortnightly. For a higher annual charge of $810, the 120-litre landfill bin may be substituted for a 240-litre landfill bin. For a lower annual charge of $356, the 120-litre landfill bin may be substituted for an 80-litre landfill bin. In accordance with Section 543(3), the charge be named “RURAL DOMESTIC WASTE COLLECTION CHARGE”. u. Make an Annual Charge, pursuant to Section 496 of the Local Government Act 1993, for the period 1 July 2023 to 30 June 2024, of $101 per assessment for administration and new works associated with future provision of domestic waste management services. The charge to be applied to any domestic assessments which have any boundary adjacent to a road receiving an urban domestic waste management service and i. Does not have a dwelling situated thereon, or ii. The closest point of the dwelling is 100 metres or more from the boundary of the road and the ratepayer chooses not to receive a domestic waste management service. In accordance with Section 543(3), the charge be named “VACANT LAND SERVICE AVAILABILITY CHARGE”. v. Make an Annual Charge for Stormwater Management Services, pursuant to Section 496A of the Local Government Act 1993, for the period 1 July 2023 to 30 June 2024, of $25.00 per eligible residential or business rate assessment and $12.50 per strata assessment. In accordance with Section 543(3), the charge be named “STORMWATER MANAGEMENT SERVICE CHARGE”. w. Make an Interest Rate of 9.0%, pursuant to Section 566(3) of the Local Government Act 1993, for the period 1 July 2023 to 30 June 2024 (inclusive), which does not exceed the maximum interest rate chargeable on overdue rates and charges, accruing daily on a simple interest basis. 4. Thank the community for providing their submissions as part of the exhibition process and provide a response to each submission, outlining the outcome and actions undertaken relating to the issues raised. |
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RESOLVED (Clr Christen / Clr Wells) MIN23.326 That having considered the submissions received as part of the exhibition process for the Draft Delivery Program and Operational Plan 2023/24 including Budget, Capital Works Program and Fees and Charges, Council: 1. Adopt the 2023/24 Delivery Program and Operational Plan and Budget inclusive of the following changes: a. Revision of the capital works listing as outlined in Attachment 4. c. Note that the budget will remain flexible and might be subject to change particularly given the volatility of the energy market and high inflation. 2. Adopt the 2023/24 Fees and Charges Part 1 and Part 2 with the following changes: a. Updated Nowra Library meeting room hire (align with fees listed under Community Facilities, category E small meeting room) b. Remove Library fee - 3D Printing - Site Visit (not operationally viable as a service) c. Updated Maximum administration fee for processing payment refunds, dishonoured cheques and direct debit rejections from $27.50 to $30.00 due to increased costs from our supplier. d. Updated Memorial Gardens and Cemeteries Fees to include the full list of services available for each Cemetery. 3. Resolve to make the following rates and charges in accordance with Section 535 of the Local Government Act 1993 inclusive of a 4.60% rate increase: a. Make an Ordinary Rate, consisting of an ad valorem rate of 0.09454c for each dollar of rateable land value in addition to a base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment, under Section 537 of the Local Government Act 1993, on all rateable land categorised as “Residential”, in accordance with Section 516, for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(1), this rate be named “RESIDENTIAL”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment for the “RESIDENTIAL” category will not produce more than 50% of the total amount payable by the levying of the “RESIDENTIAL” rate in accordance with Section 537(b) [base amount percentage is 49.96%]. b. Make an Ordinary Rate, consisting of an ad valorem rate of 0.09454c for each dollar of rateable land value in addition to a base amount of forty-eight dollars ($48.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on all rateable land which is zoned so as not to permit any building (i.e.; Small Lot Rural Subdivisions) and categorised as “Residential”, in accordance with Section 516, sub category “NON-URBAN”, in accordance with Section 529(2)(b), for the period 1 July 2023 to 30 June 2024, and in accordance with Section 543(1), this rate be named “RESIDENTIAL NON-URBAN”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of forty-eight dollars ($48.00) per rateable assessment for the “RESIDENTIAL NON-URBAN” category will not produce more than 50% of the total amount payable by the levying of the “RESIDENTIAL NON-URBAN” rate in accordance with Section 537(b) [base amount percentage is 37.90%] c. Make an Ordinary Rate, consisting of an ad valorem rate of 0.19075c for each dollar of rateable land value, in accordance with Section 518 of the Local Government Act 1993: “Land is to be categorised as ‘business’ if it cannot be categorised as farmland, residential or mining”. Excepting all rateable land in the subcategories of Commercial/Industrial, Nowra, and Major Retail Centres, an ordinary rate be now made for the period of 1 July 2023 to 30 June 2024 and, in accordance with Section 543(1), this rate be named “BUSINESS”. d. Make an Ordinary Rate, consisting of an ad valorem rate of 0.49358c for each dollar of rateable land value in addition to a base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on all rateable land determined to be a centre of activity and categorised as “Business”, in accordance with Section 518, sub-category “NOWRA”, in accordance with Section 529(2)(d), for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(1), this rate be named “BUSINESS - NOWRA”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment for the “BUSINESS - NOWRA” subcategory will not produce more than 50% of the total amount payable by the levying of the “BUSINESS - NOWRA” rate in accordance with Section 537(b) [base amount percentage is 16.79%]. e. Make an Ordinary Rate, consisting of an ad valorem rate of 0.16551c for each dollar of rateable land value in addition to a base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on all rateable land used or zoned for professional/commercial trade or industrial purposes, determined to be a centre of activity and categorised as “Business”, in accordance with Section 518, sub category “COMMERCIAL/INDUSTRIAL”, in accordance with Section 529(2)(d), for the period of 1 July 2023 to 30 June 2024 and, in accordance with Section 543(1), this rate be named “BUSINESS - COMMERCIAL/INDUSTRIAL”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment for the “BUSINESS – COMMERCIAL/INDUSTRIAL” category will not produce more than 50% of the total amount payable by the levying of the “BUSINESS – COMMERCIAL/INDUSTRIAL” rate in accordance with Section 537(b) [base amount percentage is 30.86%]. f. Make an Ordinary Rate, consisting of an ad valorem rate of 0.69800c for each dollar of rateable land value in addition to a base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on rateable land Lot 2 DP 874730 determined to be a major retail centre and categorised as “Business”, in accordance with Section 518, sub category “MAJOR RETAIL CENTRE - NOWRA”, in accordance with Section 529(2)(d), for the period of 1 July 2023 to 30 June 2024 and, in accordance with Section 543(1), this rate be named “BUSINESS - MAJOR RETAIL CENTRE - NOWRA”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment for the “BUSINESS – MAJOR RETAIL CENTRE - NOWRA” category will not produce more than 50% of the total amount payable by the levying of the “BUSINESS – MAJOR RETAIL CENTRE - NOWRA” rate in accordance with Section 537(b) [base amount percentage is 0.97%]. g. Make an Ordinary Rate, consisting of an ad valorem rate of 0.33620c for each dollar of rateable land value in addition to a base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on rateable land Lot 1 DP 1182358 determined to be a major retail centre and categorised as “Business”, in accordance with Section 518, sub category “MAJOR RETAIL CENTRE - VINCENTIA”, in accordance with Section 529(2)(d), for the period of 1 July 2023 to 30 June 2024 and, in accordance with Section 543(1), this rate be named “BUSINESS - MAJOR RETAIL CENTRE - VINCENTIA”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of seven hundred and twenty-nine dollars ($729.00) per rateable assessment for the “BUSINESS – MAJOR RETAIL CENTRE - VINCENTIA” category will not produce more than 50% of the total amount payable by the levying of the “BUSINESS – MAJOR RETAIL CENTRE - VINCENTIA” rate in accordance with Section 537(b) [base amount percentage is 1.85%] h. Make an Ordinary Rate, consisting of an ad valorem rate of 0.07122c for each dollar of rateable land value in addition to a base amount of nine hundred and eighty-four dollars ($984.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on all rateable land categorised as “Farmland”, in accordance with Section 515, for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(1), this rate be named “FARMLAND”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of nine hundred and eighty-four dollars ($984.00) per rateable assessment for the “FARMLAND” category will not produce more than 50% of the total amount payable by the levying of the “FARMLAND” rate in accordance with Section 537 (b) [base amount percentage is 32.99%]. i. Make an Ordinary Rate, consisting of an ad valorem rate of 0.03783c for each dollar of rateable land value in addition to a base amount of one thousand and ninety-seven dollars ($1,097.00) per rateable assessment, in accordance with Section 537 of the Local Government Act 1993, on all rateable land categorised as “Farmland”, in accordance with Section 515, sub category “DAIRY FARMERS”, in accordance with Section 529(2)(a), for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(1), this rate be named “FARMLAND - DAIRY FARMERS”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of one thousand and ninety-seven dollars ($1,097.00) per rateable assessment for the “FARMLAND – DAIRY FARMERS” category will not produce more than 50% of the total amount payable by the levying of the “FARMLAND – DAIRY FARMERS” rate in accordance with Section 537(b) [base amount percentage is 50.00%]. j. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.38260c for each dollar of rateable land value in addition to a base amount of two thousand six hundred and seventy-four dollars ($2,674.00), for the cost of road upgrades required to enable property owners to develop their allotments in the Verons Estate. In accordance with Section 495(1), the special rate is to be levied only on those rateable properties with building entitlement within the Verons Estate which, in the opinion of Council, derive special benefit and are subject to this rate, in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(2), this rate be named “VERONS ROAD UPGRADE SPECIAL RATE – DWELLING POTENTIAL”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of two thousand six hundred and seventy-four dollars ($2,674.00) per rateable assessment for the “VERONS ROAD UPGRADE SPECIAL RATE – DWELLING POTENTIAL” will not produce more than 50% of the total amount payable by the levying of the “VERONS ROAD UPGRADE SPECIAL RATE – DWELLING POTENTIAL” in accordance with Section 537(b) [base amount percentage is 49.98%]. k. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.06961c for each dollar of rateable land value in addition to a base amount of two hundred and ninety-seven dollars ($297.00), for the cost of the road upgrades in the Verons Estate. In accordance with Section 495(1), the special rate is to be levied only on those rateable properties without building entitlement within the Verons Estate which, in the opinion of Council, derive special benefit and are subject to this rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(2), this rate be named “VERONS ROAD UPGRADE SPECIAL RATE – NO DWELLING POTENTIAL”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of two hundred and ninety-seven dollars ($297.00) per rateable assessment for the “VERONS ROAD UPGRADE SPECIAL RATE – NO DWELLING POTENTIAL” will not produce more than 50% of the total amount payable by the levying of the “VERONS ROAD UPGRADE SPECIAL RATE – NO DWELLING POTENTIAL” in accordance with Section 537(b) [base amount percentage is 49.83%]. l. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.06631c for each dollar of rateable land value in addition to a base amount of one hundred and twenty-one dollars ($121.00) for the cost associated with the Nebraska road construction project. In accordance with Section 495(1), the special rate is to be levied only on those rateable properties within the Nebraska Estate which, in the opinion of Council, derive special benefit and are subject to this rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(2), this rate be named “NEBRASKA ROAD CONSTRUCTION SPECIAL RATE”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of one hundred and twenty-one dollars ($121.00) per rateable assessment for the “NEBRASKA ROAD CONSTRUCTION SPECIAL RATE” will not produce more than 50% of the total amount payable by the levying of the “NEBRASKA ROAD CONSTRUCTION SPECIAL RATE” in accordance with Section 537(b) [base amount percentage is 49.80%]. m. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.20652c for each dollar of rateable land value in addition to a base amount of one thousand one hundred and thirty-six dollars ($1,136.00) for the cost associated with the Jerberra road infrastructure project. In accordance with Section 495(1), the special rate is to be levied only on those rateable properties within the Jerberra Estate which, in the opinion of Council, derive special benefit and are subject to this rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(2), this rate be named “JERBERRA ROAD INFRASTRUCTURE SPECIAL RATE”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of one thousand one hundred and thirty-six dollars ($1,136.00) per rateable assessment for the “JERBERRA ROAD INFRASTRUCTURE SPECIAL RATE” will not produce more than 50% of the total amount payable by the levying of the “JERBERRA ROAD INFRASTRUCTURE SPECIAL RATE” in accordance with Section 53 (b) [base amount percentage is 49.96%]. n. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.06964c for each dollar of rateable land value in addition to a base amount of three hundred and eighty-three dollars ($383.00) per rateable assessment for the cost associated with the Jerberra electricity infrastructure project. In accordance with Section 495(1), the special rate is to be levied only on those rateable properties within the Jerberra Estate which, in the opinion of Council, derive special benefit and are subject to this rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(2), this rate be named “JERBERRA ELECTRICITY INFRASTRUCTURE SPECIAL RATE”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of three hundred and eighty-three dollars ($383.00) per rateable assessment for the “JERBERRA ELECTRICITY INFRASTRUCTURE SPECIAL RATE” will not produce more than 50% of the total amount payable by the levying of the “JERBERRA ELECTRICITY INFRASTRUCTURE SPECIAL RATE” in accordance with Section 537(b) [base amount percentage is 49.96%]. o. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.36653c for each dollar of rateable land value in addition to a base amount of two hundred and fifty-seven dollars ($257.00) per rateable assessment for the cost associated with the Jerberra Road E2 infrastructure project. In accordance with Section 495(1) the special rate is to be levied only on those rateable properties within the Jerberra Estate which, in the opinion of Council, derive special benefit and are subject to this rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(2), this rate be named “JERBERRA ROAD E2 SPECIAL RATE”. Further, to comply with Section 500 of the Act, the total amount payable by the levying of the base amount of two hundred and fifty-seven dollars ($257.00) per rateable assessment for the “JERBERRA ROAD E2 SPECIAL RATE” will not produce more than 50% of the total amount payable by the levying of the “JERBERRA ROAD E2 SPECIAL RATE” in accordance with Section 537(b) [base amount percentage is 49.85%]. p. Make a Special Rate, in accordance with Section 538, consisting of an ad valorem rate of 0.02082c for each dollar of rateable land value to meet the costs of business promotions for the Sussex Inlet area and surrounds, in accordance with Section 495(1), which in the opinion of Council is of special benefit to the rateable assessments subject to the rate in accordance with Section 495(2) (a) (b) and (c). The special rate be now made for the period 1 July 2023 to 30 June 2024 and, in accordance with Section 543(2), this rate be named “SUSSEX AREA SPECIAL RATE”.
Properties with multiple water meter service connections will be levied an availability charge for each connection. In accordance with Section 552 of the Local Government Act 1993, any vacant land where the service is available will be levied an availability charge. The charges be named “WATER USAGE CHARGE” and “WATER AVAILABILITY CHARGE”, in accordance with Section 543(3). r. Make an Annual Charge for Sewer Usage and Sewer Availability, in accordance with Section 502 and 552(3) (a) and (b), for the period 1 July 2023 to 30 June 2024, comprising a Sewer Usage Charge of $2.10 per kilolitre for all residential, commercial and Community Service Obligation categorised properties and a Sewer Availability Charge based on water meter size:
Properties with multiple water meter service connections will be levied a sewer availability charge for each connection. In accordance with Section 552 of the Local Government Act 1993, any vacant land where the service is available will be levied an availability charge. The charges be named “SEWER USAGE CHARGE” and “SEWER AVAILABILITY CHARGE”, in accordance with Section 543(3). The amount for the standard residential domestic waste management service be $468 for one 120 litre mobile garbage bin (MGB) for landfill waste and one 240 litre MGB for recycling. The landfill bin is collected weekly and recycling bin is collected fortnightly. For a higher annual charge of $810, the 120-litre landfill bin may be substituted for a 240-litre landfill bin. For a lower annual charge of $356, the 120-litre landfill bin may be substituted for an 80-litre landfill bin. In accordance with Section 543(3), the charge be named “DOMESTIC WASTE MANAGEMENT CHARGE”. t. Make an Annual Charge for a Rural Domestic Waste Collection Service, pursuant to Sections 496 and 501 of the Local Government Act 1993, for the period 1 July 2023 to 30 June 2024, on rateable properties comprising of a building which is deemed to be a dwelling and located outside of the defined (urban) waste collection area and opt for the rural domestic waste collection service. The amount for the rural domestic waste collection service be $468 for one 120 litre mobile garbage bin (MGB) for landfill waste and one 240 litre MGB for recycling. The landfill bin is collected weekly, and the recycling is collected fortnightly. For a higher annual charge of $810, the 120-litre landfill bin may be substituted for a 240-litre landfill bin. For a lower annual charge of $356, the 120-litre landfill bin may be substituted for an 80-litre landfill bin. In accordance with Section 543(3), the charge be named “RURAL DOMESTIC WASTE COLLECTION CHARGE”. u. Make an Annual Charge, pursuant to Section 496 of the Local Government Act 1993, for the period 1 July 2023 to 30 June 2024, of $101 per assessment for administration and new works associated with future provision of domestic waste management services. The charge to be applied to any domestic assessments which have any boundary adjacent to a road receiving an urban domestic waste management service and i. Does not have a dwelling situated thereon, or ii. The closest point of the dwelling is 100 metres or more from the boundary of the road and the ratepayer chooses not to receive a domestic waste management service. In accordance with Section 543(3), the charge be named “VACANT LAND SERVICE AVAILABILITY CHARGE”. v. Make an Annual Charge for Stormwater Management Services, pursuant to Section 496A of the Local Government Act 1993, for the period 1 July 2023 to 30 June 2024, of $25.00 per eligible residential or business rate assessment and $12.50 per strata assessment. In accordance with Section 543(3), the charge be named “STORMWATER MANAGEMENT SERVICE CHARGE”. w. Make an Interest Rate of 9.0%, pursuant to Section 566(3) of the Local Government Act 1993, for the period 1 July 2023 to 30 June 2024 (inclusive), which does not exceed the maximum interest rate chargeable on overdue rates and charges, accruing daily on a simple interest basis. 4. Thank the community for providing their submissions as part of the exhibition process and provide a response to each submission, outlining the outcome and actions undertaken relating to the issues raised. 5. Progress as a priority, implementation of the recommendations of the March 2023 (Integrated Planning & Reporting) and May 2023 (Budget Financial Controls) Internal Audit Reports with a view to providing greater insight into budget position, project progress and therefore improving transparency in the budgeting and financial reporting process and reducing exposure to revote and other risks as informed by Audit, Risk and Improvement Committee. 6. Appoint a Councillor Budget Review Panel to regularly monitor and advise Council on Budget implementation, adjustment or amendments including operational programs and capital projects. 7. Ensure the comprehensive review of Council’s long-term financial plan scheduled for the first quarter of 2023/24 addresses the budget deficit and includes the development of a 10 year strategic financial and capital works plan. A report on the process to be used and key objectives be brought to Council for consideration ideally by September 2023. 8. Consistent with the March 2023 Internal Audit Report, develop an Action Plan (including timeframes) to progress the review and update of Council’s Asset Management Plans. This Action Plan to be developed by 31 December 2023 and a report be brought to Council for consideration. 9. Develop a long-term strategy to retain staff reducing the impact on future Council costs with a report be brought to Council for consideration by December 2023. 10. Note that currently the annual allocation of $300,000 towards masterplans for parks and reserves is not funded (MIN22.135 & MIN22.286) and that funding be considered in future Quarterly reviews should the opportunity arise. 11. Receive a report by September 2023 in regards to how the following strategies can be progressed(MIN23.292): a. Community Infrastructure Strategic Plan b. Public Art Strategy & Policy c. Creative Economy Strategy 12. Undertake configuration changes to the Financial System that will enable Council to identify suppliers as indigenous and report on indigenous procurement, starting Q2 2023 DPOP report. 13. For the next annual Council budget, establish a Budget Preparation Policy, in consultation with Councillors, that stipulates the steps taken in preparing the Council Annual Budget and to be finalised prior to commencement of the preparation of the FY24/25 budget. 14. Retain the 2022/2023 fees in relation the following until a Councillor Briefing is held to consider the increase in fees in the 2023/2024 budget: a. Tree Preservation Orders. b. Tree Inspections 15. Include an explanation within the Fees & Charges regarding any significant fee reductions for Shoalhaven Bereavement Services. 16. Provide digital copies of the Audit, Risk and Improvement Committee agendas and minutes to all Councillors. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Christen, Clr Wells and Clr Gray Against: Clr Copley, Clr Ell, Clr White, Clr Watson and Clr Kitchener |
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CL23.193 Response to Notice of Motion – Crime Spree in the Nowra CBD |
HPERM Ref: D23/201972 |
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Recommendation That Council: 1. Receive this report Response to Notice of Motion – Crime Spree in the Nowra CBD for information. 2. Thank South Coast Police District for their assistance in preparing this report and attending to speak at this Ordinary Meeting. |
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RESOLVED (Clr Ell / Clr Copley) MIN23.327 That Council: 1. Receive this report Response to Notice of Motion – Crime Spree in the Nowra CBD for information. 2. Thank South Coast Police District for their assistance in preparing this report and attending to speak at this Ordinary Meeting. 3. Consider options for funding in relation to the matters listed in part 7 of the report in a future quarterly budget review. 4. Receive a briefing on the Shoalhaven Crime Prevention Plan 2018-23, and report on the approach to be used in its updating and investigation of funding by December 2023. 5. Apply for any State or Federal funding for CCTV as a matter of course, should that funding be available. For: Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Clr Findley, Clr Kotlash and Clr Christen |
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CL23.201 Pedestrian Facility Improvements - Queen Street, Berry |
HPERM Ref: D23/245099 |
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Recommendation That 1. After extensive consultation on the proposed Pedestrian Facility Improvements at Queen Street, Berry as per Plan No D21/420628 (Option 2), Council adopts the following amended position and presents this to TfNSW for approval and funding. a. The amended Pedestrian Facility Improvements at Queen Street, Berry as per Plan No D23/245106 (Option 3, “the community option”) has the following characteristics: i. Focuses on the block with highest levels of pedestrian activity, between Prince Alfred Street and Alexandra Street ii. Involves a raised threshold before Prince Alfred Street (approaching from the East). iii. A raised threshold before Alexandra Street (approaching from the West, and subject to onsite consideration like driveways/drainage etc). iv. An at grade pedestrian crossing at the “mid-block” crossing point. v. Speed cushioning on either side of the proposed crossing (subject to onsite consideration like driveways/drainage etc). vi. Appropriate signage and lighting improvements for the above. vii. No work to be carried out on the block between Alexandra Street and Albany Street until traffic and pedestrian data (collected by Council as part of its ongoing data collection program) makes a compelling case to be put to the Berry community. 2. Council notes that the above seeks to create an environment in Queen Street that is friendlier to pedestrians than the current arrangement by slowing cars down without creating “rat runs” in adjacent streets. 3. If the proposal does not meet the TfNSW warrants/requirements for approval and/or funding, the proposal be abandoned until traffic and pedestrian data (collected by Council as part of its ongoing data collection program) makes a compelling case to be put to the Berry community. |
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RESOLVED (Clr Wells / Clr White) MIN23.328 That 1. After extensive consultation on the proposed Pedestrian Facility Improvements at Queen Street, Berry as per Plan No D21/420628 (Option 2), Council adopts the following amended position and presents this to TfNSW for approval and funding. a. The amended Pedestrian Facility Improvements at Queen Street, Berry as per Plan No D23/245106 (Option 3, “the community option”) has the following characteristics: i. Focuses on the block with highest levels of pedestrian activity, between Prince Alfred Street and Alexandra Street ii. Involves a raised threshold before Prince Alfred Street (approaching from the East). iii. A raised threshold before Alexandra Street (approaching from the West, and subject to onsite consideration like driveways/drainage etc). iv. An at grade pedestrian crossing at the “mid-block” crossing point. v. Speed cushioning on either side of the proposed crossing (subject to onsite consideration like driveways/drainage etc). vi. Appropriate signage and lighting improvements for the above. vii. No work to be carried out on the block between Alexandra Street and Albany Street until traffic and pedestrian data (collected by Council as part of its ongoing data collection program) makes a compelling case to be put to the Berry community. 2. Council notes that the above seeks to create an environment in Queen Street that is friendlier to pedestrians than the current arrangement by slowing cars down without creating “rat runs” in adjacent streets. 3. If the proposal does not meet the TfNSW warrants/requirements for approval and/or funding, the proposal be abandoned until traffic and pedestrian data (collected by Council as part of its ongoing data collection program) makes a compelling case to be put to the Berry community. carried For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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CL23.203 DA21/2330 - 82 Cyrus Street Hyams Beach - Lot 1 DP 1222535 |
HPERM Ref: D23/215730 |
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Recommendation That: 1. Council receive and note the report DA21/2330 – 82 Cyrus Street, Hyams Beach – Lot 1 DP 1222535 2. Council support the staff recommendation to refuse DA21/2330 for construction of a retaining wall / seawall on the basis that the application has not demonstrated that it is suitable with regards to the considerations of section 4.15 of the Environmental Planning and Assessment Act 1979 and the Coastal Management Act 2016. 3. The resolution made by Council be submitted to the Regional Planning Panel prior to their consideration and determination of DA21/2330. |
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RESOLVED (Clr White / Clr Christen) MIN23.329 That: 1. Council receive and note the report DA21/2330 – 82 Cyrus Street, Hyams Beach – Lot 1 DP 1222535 2. Council support the staff recommendation to refuse DA21/2330 for construction of a retaining wall / seawall on the basis that the application has not demonstrated that it is suitable with regards to the considerations of section 4.15 of the Environmental Planning and Assessment Act 1979 and the Coastal Management Act 2016. 3. The resolution made by Council be submitted to the Regional Planning Panel prior to their consideration and determination of DA21/2330. 4. Council delegate the CEO (Director, City Development) to lodge a submission, on behalf of Shoalhaven City Council, by way of the letter and its content tabled at the Ordinary meeting of the 26 June 2023 and referenced D23/252429. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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CL23.208 Rescission Motion - CL23.173 - Post Exhibition Consideration - 45 Degree Rule and Tree Management - Draft Amendment (Chapter G4), Shoalhaven DCP 2014 (DCP2014.52) |
HPERM Ref: D23/226177 |
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Recommendation That Council rescind the Motion relating to Item CL23.173 Post Exhibition Consideration - 45 Degree Rule and Tree Management - Draft Amendment (Chapter G4), Shoalhaven DCP 2014 (DCP2014.52) of the Council Meeting held on Monday 5 June 2023. |
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Motion (Clr Watson / Clr Wells) That Councillor Kitchener be granted an extension of time for debate. For: Clr Findley, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Clr Norris and Clr D'Ath CARRIED |
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MOTION (Clr White / Clr Watson) MIN23.330 That Council rescind the Motion relating to Item CL23.173 Post Exhibition Consideration - 45 Degree Rule and Tree Management - Draft Amendment (Chapter G4), Shoalhaven DCP 2014 (DCP2014.52) of the Council Meeting held on Monday 5 June 2023. For: Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson and Clr Kitchener Against: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Christen and Clr Gray MOTION LOST ON THE CASTING VOTE OF THE CHAIR LOST |
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Report of the Nowra CBD Revitalisation Strategy Committee - 20 June 2023
Items marked with an * were resolved ‘en block’.
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HPERM Ref: D23/136608 |
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RESOLVED* (Clr White / Clr Copley) MIN23.331 That Council notes the following for information: 1. That $11,092 has been spent since the last meeting of the Nowra CBD Revitalisation Strategy Committee budget update. 2. The total year-to-date spend for the 2022/2023 financial year is $439,367 of the available budget of $1,898,594. 3. A summary of the budget is provided in the Attachment to this report (D23/198123) For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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HPERM Ref: D23/236367 |
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RESOLVED* (Clr White / Clr Copley) MIN23.332 That 1. Council demolish the dilapidated building and remediate the site at 16 Berry Street Nowra, to create an “ever evolving activation space” until the site is developed for the long term. 2. On the condition that the Nowra CBD Revitalisation Strategy Committee continues to operate under its current Terms of Reference (TOR) into future years (2030), funding for the demolition and remediation be provided as follows; a. Transfer $1,300,000 from the existing Nowra CBD Revitalisation Strategy Committee budget to the existing SCC Strategic Property Reserve. b. Undertake works funded fully from the SCC Strategic Property Reserve over 23/24, 24/25 Financial Years as a Nowra CBD Revitalisation Strategy Committee capital works project. c. Repay $1,300,000 from the SCC Strategic Property Reserve to the Nowra CBD budget via the Nowra CBD Revitalisation Reserve when proceeds of either the future sale or development of the property becomes available. d. In respect of part c, the Nowra CBD Revitalisation Strategy Committee will monitor options for repayment and receive a report back every 6 months on where the funding is at. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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CL23.193 Response to Notice of Motion – Crime Spree in the Nowra CBD |
HPERM Ref: D23/201972 |
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Item dealt with earlier in the meeting see MIN23.327
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CL23.194 Delivery Program Operational Plan, Budget 2023/24 - Exhibition Outcomes |
HPERM Ref: D23/211326 |
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Item dealt with earlier in the meeting see MIN23.326
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Items marked with an * were resolved ‘en block’.
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CL23.195 Ongoing Register of Pecuniary Interest Returns - May 2023 |
HPERM Ref: D23/164472 |
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RESOLVED* (Clr White / Clr Gray) MIN23.333 That the report of the Chief Executive Officer regarding the Ongoing Register of Pecuniary Interest Returns lodged for the period of 1 May to 31 May 2023 be received for information. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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HPERM Ref: D23/222309 |
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Recommendation That Council: 1. Receive the Record of Investments for the period to 31 May 2023. 2. Note that Council’s total Investment Portfolio (excluding the Long-Term Growth Fund) returned 3.52% per annum for the month of May 2023, underperforming the benchmark AusBond Bank Bill Index (3.53% pa) by 1 basis point (-0.01%). 3. Note the performance of the Long-Term Growth Fund as presented in the report. |
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RESOLVED (Clr White / Clr Wells) MIN23.334 That Council: 1. Receive the Record of Investments for the period to 31 May 2023. 2. Note that Council’s total Investment Portfolio (excluding the Long-Term Growth Fund) returned 3.52% per annum for the month of May 2023, underperforming the benchmark AusBond Bank Bill Index (3.53% pa) by 1 basis point (-0.01%). 3. Note the performance of the Long-Term Growth Fund as presented in the report. 4. Hold a Councillor Briefing ASAP on the Liquidity Contingency Plan to work through the monitoring and activation of this Plan. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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HPERM Ref: D23/231071 |
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Recommendation That Council recommence a new consultation process, consulting on the name Carpenter Lane, consistent with Council’s Road and Place Naming Policy (POL22/91). |
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RESOLVED (Clr Christen / Clr Norris) MIN23.335 That Council 1. Recommence a new consultation process, consulting on the name Carpenter Lane, consistent with Council’s Road and Place Naming Policy (POL22/91). 2. In future inform CCB’s where a re-naming occurs in their local area. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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Items marked with an * were resolved ‘en block’.
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CL23.198 Proposed Planning Proposal - 2023 Instrument Housekeeping Amendment - Shoalhaven Local Environmental Plan 2014 (PP059) |
HPERM Ref: D23/204603 |
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RESOLVED* (Clr White / Clr Wells) MIN23.336 That Council 1. Submit Planning Proposal PP059 to the NSW Department of Planning and Environment for an initial Gateway determination and, if favourable: a. Proceed to formal public exhibition in accordance with the terms of the determination/legislative requirements; and b. Receive a further report following conclusion of the public exhibition to enable its finalisation. 2. Advise key stakeholders, including relevant Community Consultative Bodies and any directly affected landowners, of the public exhibition arrangements. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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CL23.199 Proposed Works in Kind Agreement - Construction of Road and Drainage Infrastructure - Moss Vale Road South Urban Release Area, Stage 3a |
HPERM Ref: D23/215357 |
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Recommendation That Council: 1. Provide ‘in-principle’ support to finalise negotiations and enter into a Works in Kind Agreement (WIKA) with the owner/developers of 121 and Lot 8 Taylors Lane, Badagarang, for the following, except where further negotiations result in substantial changes to the proposal, in which case Council will receive a further report prior to proceeding: a. Shared user pathway. b. Roundabout at Taylors Lane. c. Wetland and swale construction, and payment of associated land value. 2. Endorse the approach that: a. No surplus value payments to the developer will be considered for works costs above the conditioned Section 7.11 obligations for Contributions Plan Projects 01ROAD5154 and 01DRAI5006 (works component). b. Land value payment to the developer for the drainage devices will be less the land component of the conditioned Section 7.11 obligations for Contributions Plan Project 01DRAI5006 or the developer pays monetary contributions for the land component of the conditioned Section 7.11 obligations for Contributions Plan Project 01DRAI5006 separately. 3. Delegate authority to Council’s Chief Executive Officer, or his delegate, to prepare and enter into the WIKA following final negotiations. 4. Notify the owner/developer of this resolution. |
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RESOLVED (Clr Wells / Clr Norris) MIN23.337 That this item be deferred to a Councillor Briefing. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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Items marked with an * were resolved ‘en block’.
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CL23.200 Classification of Land - Lot 30 DP 1285758 Catalina Place, Badagarang |
HPERM Ref: D23/197757 |
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RESOLVED* (Clr Wells / Clr Norris) MIN23.338 That Council classify the land described as Lot 30 DP 1285758 Catalina Place, Badagarang, as Operational Land within the meaning of the Local Government Act 1993. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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CL23.201 Pedestrian Facility Improvements - Queen Street, Berry |
HPERM Ref: D23/245099 |
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Item dealt with earlier in the meeting see MIN23.328
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CL23.202 Tenders Declined - Ferry Lane Nowra - Shared User Path and Kerb and Guttering |
HPERM Ref: D23/217408 |
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RESOLVED* (Clr Wells / Clr Norris) MIN23.339 That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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CL23.203 DA21/2330 - 82 Cyrus Street Hyams Beach - Lot 1 DP 1222535 |
HPERM Ref: D23/215730 |
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Item dealt with earlier in the meeting see MIN23.329
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CL23.204 DA22/1716 - Lot 1 DP 537126 & Lot 2 DP 526958 Princes Hwy - Lots 52 & 53 DP 828221 / Part Lot 7 DP 759018 Wason Street - Ulladulla |
HPERM Ref: D23/219436 |
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Item dealt with earlier in the meeting see MIN23.321
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Items marked with an * were resolved ‘en block’.
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HPERM Ref: D23/230640 |
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RESOLVED* (Clr Wells / Clr Norris) MIN23.340 That Council: 1. As per the Plaques and Memorials Policy (POL22/57): a. Approve the request for a new plaque at Kioloa b. Approve the request for a second plaque on the family’s existing memorial seat at Sanctuary Point c. Approve two requests for a new plaque at Vincentia 2. Advise the applicants of Council’s determination of the requests. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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HPERM Ref: D23/211113 |
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RESOLVED* (Clr Wells / Clr Kotlash) MIN23.341 That Council receive the report from Clr John Kotlash on the Coffs Harbour Waste Conference 2023 for information. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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HPERM Ref: D23/215990 |
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RESOLVED* (Clr Wells / Clr Kotlash) MIN23.342 That Council receive the report from Clr John Wells on the OZWATER 2023 for information. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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Notices of Motion / Questions on Notice
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CL23.208 Rescission Motion - CL23.173 - Post Exhibition Consideration - 45 Degree Rule and Tree Management - Draft Amendment (Chapter G4), Shoalhaven DCP 2014 (DCP2014.52) |
HPERM Ref: D23/226177 |
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Item dealt with earlier in the meeting see MIN23.330
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CL23.209 Notice of Motion - Call In DA23/1352 - 23 Parker Crescent Berry - Lot 331 DP 1226462 |
HPERM Ref: D23/227880 |
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Item dealt with earlier in the meeting see MIN23.325
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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.
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RESOLVED (Clr Wells / Clr Kotlash) MIN23.343
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.
CCL23.19 Tenders Declined – Ferry Lane Nowra - Shared User Path and Kerb and Guttering 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. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
The meeting moved into confidential the time being 9:19pm.
The meeting moved into open session, the time being 9:20pm.
Report from confidential session
The following resolutions of the meeting, whilst closed to the public, were made public.
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CCL23.19 Tenders Declined – Ferry Lane Nowra - Shared User Path and Kerb and Guttering |
HPERM Ref: D23/217406 |
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That Council 1. In accordance with Section 178(1)(b) of the regulations decline to accept any Tender for Ferry Lane Nowra – Shared User Path and Kerb and Guttering as all submitted tenders exceeded the available budget. 2. Cancel the proposed contract in accordance with Clause 178(3)(a) of the Local Government Regulation 2021 |
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Procedural Motion - Matters of Urgency |
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RESOLVED (Clr Ell) MIN23.345 That an additional item in relation to Bioelektra Australia be introduced as a matter of urgency. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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The CHAIRPERSON ruled the matter as URGENT as it relates to urgent council business noting that there is no further Ordinary Meeting for three weeks. |
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CL23.210 Additional Item - Bioelektra Australia - Liquidation - Councillor Briefing |
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RESOLVED (Clr Ell / Clr Copley) MIN23.346 That Council 1. Notes that Bioelektra Australia has now been placed in to liquidation. 2. Directs the CEO to provide a Councillor briefing and report addressing the following: a. Update on legal advice we have received on this matter to date. b. Any impacts Council is aware of on local small businesses resulting from the voluntary administration of EQ Constructions and the liquidation of Bioelektra. c. Lessons learned from our engagement and dealings with Bioelektra Australia. 3. Receive a briefing at the appropriate time in regards to the future of the City’s waste strategy going forward. For: Clr Findley, Clr Kotlash, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
There being no further business, the meeting concluded, the time being 9:31pm.
Clr Findley
CHAIRPERSON