Minutes of Ordinary Meeting - Monday, 17 July 2023

Minutes of the Ordinary Meeting

Meeting Date: Monday, 17 July 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 Gillian Boyd

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 (Remotely)

Clr Tonia Gray (Remotely)

Note: As a result of the Countback election held on Tuesday 4 July 2023, the Returning Officer, Gareth Robson declared Gillian Boyd as duly elected Ward 3 Councillor of the City of Shoalhaven in accordance with the provision of Clause 356 of the Local Government Regulation 2021. Prior to the commencement of the Council meeting, Clr Gillian Boyd took her Affirmation of Office in accordance with Section 233A of the Local Government Act 1993.

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

Nil

Confirmation of the Minutes

RESOLVED (Clr Wells / Clr Norris) MIN23.347

That the Minutes of the Ordinary Meeting held on Monday 26 June 2023 be confirmed.

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

Against: Nil

Declaration of Interests

Nil

Deputations and Presentations

CL23.229 – Notice of Motion – Call in DA23/1320 – Bolong Road Coolangatta – Lot 12 DP 28128

Ms Courtney Roulston addressed the meeting to speak FOR the recommendation.

Procedural Motion - Bring Item Forward

RESOLVED (Clr Wells / Clr Kotlash) MIN23.348

That the matter of item CL23.229 – Notice of Motion – Call in DA23/1320 – Bolong Road Coolangatta – Lot 12 DP 28128 be brought forward for consideration following the Call Over of the Business Paper.

For: Clr Findley, Clr Kotlash, Clr Boyd, 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

Call Over of Business Paper - En bloc

RESOLVED (Clr Christen / Clr Norris) MIN23.349

That the following items be resolved from the Homelessness Taskforce, the Aboriginal Advisory Committee and the Shoalhaven Arts Board en bloc:

· HT23.8 - Homelessness Taskforce Shoalhaven - Terms of Reference Review

· HT23.12 - Additional Item - Council Submission - Rental Rights – Select Committee

· HT23.13 - Additional Item - Vacant Huskisson Police Station – Temporary Housing Opportunity

· AA23.17 - Membership Audit 2023 - Resignations & Vacancies - EOI To Progress

· AA23.18 - AAC Terms of Reference Review 2023

· AB23.16 - Birkett Weatherhead Gift - Management of works by Artists not Jim Birkett

· AB23.17 - Shoalhaven City Art Collection - Acquisition of Works

· AB23.19 - Shoalhaven Arts Board Grants - Acquittals - 2020/21 and 2021/22

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

For: Clr Findley, Clr Kotlash, Clr Boyd, 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 Business Paper - En bloc

RESOLVED (Clr Wells / Clr White) MIN23.350

That the following items from City Services, City Development, City Lifestyles Directorates and Councillor Conference Reports be resolved en bloc:

· CL23.215 - EV Charging Stations on Public Land - Update on Council Approach

· CL23.216 - Policy - Creation of an Asset Protection Zone (APZ) over Council Owned or Managed Land

· CL23.217 - Land Acquisition for Road Widening - Part Lots 542-547 DP 8399 The Wool Road, Basin View

· CL23.220 - Variations to Development Standards - June Quarter 2023

· CL23.221 - Membership Appointment - Youth Advisory Committee

· CL23.222 - Membership Appointment - Inclusion and Access Advisory Committee

· CL23.223 - NSW Local Roads Congress Communique 2023

· CL23.224 - LGNSW Tourism Conference 2023

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

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

Against: Nil

CL23.229 Notice of Motion - Call in DA23/1320 - Bolong Road Coolangatta - Lot 12 DP 28128	HPERM Ref: D23/270263
Note: A Deputation was received on this item.
Recommendation That Council “Call In” DA23/1320 Demolition/Removal & Rehabilitation of Illegal Jetty & Access Track at Bolong Road Coolangatta due to the public interest.
RESOLVED (Clr Copley / Clr White) MIN23.351 That Council: 1. “Call In” DA23/1320 Demolition/Removal & Rehabilitation of Illegal Jetty & Access Track at Bolong Road Coolangatta due to the public interest. 2. Make urgent representations through the Local State Members of Parliament for an approach to the Minister for Transport for NSW. For: Clr Findley, Clr Kotlash, Clr Boyd, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil CARRIED

Report of the Homelessness Taskforce Shoalhaven - 8 June 2023

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

HT23.8 Homelessness Taskforce Shoalhaven - Terms of Reference Review

HPERM Ref: D23/214337

RESOLVED* (Clr Christen / Clr Norris) MIN23.352

That Council

1. Accept the proposed amendments to the Homelessness Taskforce Shoalhaven Terms of Reference as recommended by the Homelessness Taskforce Shoalhaven.

2. Invite South Eastern Aboriginal Regional Management Service (SEARMS) and St Vincent De Paul to the next Homelessness Taskforce Shoalhaven Committee meeting on 17 August 2023.

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

Against: Nil

HT23.12 Additional Item - Council Submission - Rental Rights - Select Committee

RESOLVED* (Clr Christen / Clr Norris) MIN23.353

That Council make a submission in regard to rental rights with the Select Committee on Rental Rights.

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

Against: Nil

HT23.13 Additional Item - Vacant Huskisson Police Station - Temporary Housing Opportunity

RESOLVED* (Clr Christen / Clr Norris) MIN23.354

That Council request that the NSW Government include the vacant Police Station in Huskisson in its audit of public land to be made available for social affordable temporary housing.

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

Against: Nil

Report of the Aboriginal Advisory Committee - 21 June 2023

AA23.17 Membership Audit 2023 - Resignations & Vacancies - EOI To Progress

HPERM Ref: D23/142010

RESOLVED* (Clr Christen / Clr Norris) MIN23.355

That Council, as recommended by the Aboriginal Advisory Committee:

1. Acknowledge the passing of Uncle Paul Keith (Ulladulla Local Aboriginal Land Council representative) and:

a. Note that Council has passed on its condolences to his family.

b. Seek a new representative from the Ulladulla Local Aboriginal Land Council.

2. Accept the resignation of Ms Kalinda Wills and request that Council write to Ms Kalinda Wills to thank her for her contribution to the Committee.

3. Receive the audit of membership of the AAC conducted by Council staff and:

a. Endorse the Expression of Interest to be conducted to fill the two additional vacant community membership positions being a total of 5 as outlined in the report.

b. Nominate Natalie Lloyd and Charlie Ashby to be the ‘Aboriginal Committee Representatives’ on the assessment panel for the next round of the Expression of Interest.

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

Against: Nil

AA23.18 AAC Terms of Reference Review 2023

HPERM Ref: D23/171231

RESOLVED* (Clr Christen / Clr Norris) MIN23.356

That Council as recommended by the Aboriginal Advisory Committee, accept the proposed amendments outlined in the report attached, including the additional amendments made in the following points to the AAC Terms of Reference:

1. Membership:

a. Add the provision for a Deputy Chairperson

b. Remove the ‘One (1) National Parks and Wildlife Services (NPWS) Representative’ from the Membership

2. Community representative appointments:

a. At the end of the second term, a community member’s position will be declared vacant and an EOI process completed. If this process results in no new membership appointments the community member previously occupying the vacant position may re-nominate for their position.

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

Against: Nil

Report of the Shoalhaven Arts Board - 28 June 2023

AB23.16 Birkett Weatherhead Gift - Management of works by Artists not Jim Birkett

HPERM Ref: D23/235524

RESOLVED* (Clr Christen / Clr Norris) MIN23.357

That the Shoalhaven Arts Board:

1. Endorse the advice of the Art Acquisition and Collection Subcommittee and submit to Council for adoption.

2. Retain the works listed in Table A (Attachment 1) in accordance with the Deed of Gift.

3. Sell the works listed in Table B (Attachment 2) in accordance with the Deed of Gift.

4. Hold the works listed in Table C (Attachment 3) until the remainder of the gift is received and works can be better researched and / or reviewed against the whole.

5. Any funds raised from the sale of works in part 3 to be put into a dedicated Council Reserve fund and used explicitly for the purpose of the care, storage and exhibition of works retained in the Birkett Weatherhead Collection, as noted in part 2 as per the terms of the Birkett Weatherhead Gift.

6. Inform Roy Weatherhead of the outcome of any decisions made.

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

Against: Nil

AB23.17 Shoalhaven City Art Collection - Acquisition of Works

HPERM Ref: D23/239344

RESOLVED* (Clr Christen / Clr Norris) MIN23.358

That Council, as recommended by the Shoalhaven Arts Board:

1. Accept the offer of a donation through the Cultural Gifts Program for the work ‘Untitled’ by Rueben Ernest Brown. Donation by Lisa and Pip Havilah

2. Accept the offer of a donation for the work ‘Shellwork slippers’ by Esme Timbery. Donation by Lisa Havilah and Glenn Barkley

3. Decline the offer of a donation of the work ‘View of Coolangatta Mountain from Old Man Island’ by Averil Muller. Donation by Lynne Wiltshire

4. Allocate a maximum of $3000 from the 2023/24 Art Acquisition budget for the purchase of prints by Robert Dickerson from the Dickerson Gallery.

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

Against: Nil

AB23.19 Shoalhaven Arts Board Grants - Acquittals - 2020/21 and 2021/22 Grants

HPERM Ref: D23/240380

RESOLVED* (Clr Christen / Clr Norris) MIN23.359

That Council, as recommended by the Shoalhaven Arts Board:

1. Accept the Acquittals from

a. Albatross Musical Theatre Company

b. Shoalhaven Youth Orchestra

c. Alaska Turner

2. Request invoices are supplied for monies unspent to

a. Albatross Musical Theatre Company – $331.75

3. Request Shoalhaven City Council to allocate returned funds to the Arts Grants program for 2023/24 and ensure funds are given back to the arts community through the Grants program.

4. Note that an outstanding acquittal is yet to come through from artist Joanna Thomas

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

Against: Nil

AB23.22 Additional Item - Signage - Shoalhaven Entertainment Centre

Recommendation

That Council, as recommended by the Shoalhaven Arts Board, provides funding for conspicuous signage for the Shoalhaven Entertainment Centre which is visible from the Princes Highway.

RESOLVED (Clr Gray / Clr Findley) MIN23.360

That Council:

1. Consider a future report on options for conspicuous and directional signage for SEC which is visible from the Princes Highway, on completion of compliance works and availability of remaining budget.

2. Provide the above mentioned report to the Shoalhaven Arts Board for their information.

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

Against: Nil

Reports

CL23.214 Nebraska Estate, St Georges Basin - Potential Recommencement of Planning Proposal

HPERM Ref: D23/190868

Recommendation

That Council

1. Reaffirm its commitment to resolving this longstanding paper subdivision, wherever possible and acknowledging:

a. The environmental and land capability constraints identified in a range of studies undertaken since the 1990s, and the social and financial complications associated with historic paper subdivisions being in fragmented private ownership.

b. The need for a comprehensive package of planning controls, including a site-specific development control plan (DCP) chapter.

c. The role that Council would need to take in coordinating the provision of essential infrastructure, subject to recouping the costs from the benefitting landowners consistent with the special rate arrangements in place for Jerberra and Verons Estates, and Council’s longstanding position.

d. The potential environmental and social benefits, including the voluntarily acquisition and permanent conservation of residual C2-zoned land, under Council’s Voluntary Acquisition of Residual C2 Environmental Conservation Land policy.

e. The landowners’ financial contribution toward the rezoning costs.

2. Endorse the draft Planning Proposal (PP) that is attached to this report ‘in principle’ for progression, update the PP as outlined in this report and submit it to the NSW Department of Planning and Environment (DPE) for a Gateway determination.

3. Formally commence the process of preparing the supporting DCP chapter and supporting Environmental Management Plan (EMP) with the aim of exhibiting these concurrently with the PP.

4. Receive a report on the PP and draft DCP for endorsement prior to public exhibition.

RESOLVED (Clr Christen / Clr Kotlash) MIN23.361

That Council defer consideration of the recommendation of Nebraska Estate, St Georges Basin - Potential Recommencement of Planning Proposal to a briefing to enable Council to be fully briefed on

1. The possible expansion of the proposed C2 Environmental Conservation zone to the whole of the subject land, or parts of it, to afford greater protection to the Estate’s environmental values and Jervis Bay wildlife corridors, and

2. Minimise the creation of areas of isolated development in bushland that are at risk from bushfire and may incur large infrastructure maintenance costs per capita.

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

Against: Nil

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

CL23.215 EV Charging Stations on Public Land - Update on Council Approach

HPERM Ref: D23/206662

RESOLVED* (Clr Wells / Clr White) MIN23.362

That Council

1. Notes Council’s Policy position with regard to the provision of EV charging stations on public land, as outlined in the report below.

2. Notes the approach staff are currently taking to identify, assess, and progress the installation of EV charging infrastructure, to ensure:

a. Sites meet the requirements of Council’s Policy, are within Council’s jurisdiction to approve, are in the public interest, and have the electrical capacity to support the infrastructure proposed.

b. Council licensing agreements, fees and conditions for the installation of EV charging on council land are consistent and equitable.

c. Council provides equal opportunity for Charge Point Operators to express interest or apply for a license to install EV charging infrastructure on Council land.

3. Notes the key issues and considerations regarding Council’s role in the provision of EV charging infrastructure, including:

a. Industries are responding to address charging gaps; Council needs to consider the appropriate and long-term role for local government in the provision of EV charging stations.

b. Allocating carparking spaces for EV charging, particularly in carparks where spaces are already in high demand (such as the CBD) presents an equity issue.

c. Standard licensing terms, fees and conditions are important to ensure Council does not grant commercial advantage to a specific party or Charge Point Operator.

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

Against: Nil

CL23.216 Policy - Creation of an Asset Protection Zone (APZ) over Council Owned or Managed Land

HPERM Ref: D23/181823

RESOLVED* (Clr Wells / Clr White) MIN23.363

That Council adopts the revised Creation of an Asset Protection Zone (APZ) over Council Owned or Managed Land Policy (POL22/103).

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

Against: Nil

CL23.217 Land Acquisition for Road Widening - Part Lots 542-547 DP 8399 The Wool Road, Basin View

HPERM Ref: D23/225096

RESOLVED* (Clr Wells / Clr White) MIN23.364

That Council:

1. Acquire part Lot 542 DP 8399 for $1,100 (one thousand one hundred dollars) plus GST if applicable; part Lot 543 DP 8399 for $11,100 (eleven thousand, one hundred dollars) plus GST if applicable; part Lot 544 DP 8399 for $12,350 (twelve thousand three hundred and fifty dollars) plus GST if applicable; and part Lot 546 DP 8399 for $5,750 (five thousand, seven hundred and fifty dollars) plus GST if applicable; as shown hatched in the attached Sketch Plan, by agreement from the private landowners for road requirements in accordance with the Land Acquisition (Just Terms Compensation) Act 1991;

2. Fund all costs associated with the land acquisition from Finance Project Number 106127 Strategic Land Acquisition, Capital Work Order C0006282;

3. Upon registration of the acquisition plan and settlement, authorise by notice in the Government Gazette, the dedication of part Lots 542, 543, 544 and 546 of DP 8399 as Public Road in accordance with Section 10 of the Roads Act 1993;

4. Continue negotiations with landowners of Lots 545 and 547 of DP 8399, with the aim of acquisition by agreement, subject to further Council report;

5. Delegate authority to the Chief Executive Officer to make minor adjustments to the purchase price, if necessary, in accordance with the settlement figure determined in consultation with Council’s Solicitor;

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

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

Against: Nil

CL23.218 Callala Bay - Widen Ramp and New Walkway - Lackersteen Street

HPERM Ref: D23/74272

Recommendation

That Council:

1. Withdraws project FN105925 - Callala Bay - widen ramp and new walkway – Lackersteen Street from the Boating Now Round 3 Program;

2. Redirects the grant and associated Council funding to the Myola Boat Ramp Project under the same Boating Now Round 3 Program;

3. Retain the Callala Bay Boat Ramp Project within the 10-year CAPEX and be considered for future grant submissions to secure funding.

RESOLVED (Clr Wells / Clr Kotlash) MIN23.365

That Council:

1. Withdraws project FN105925 - Callala Bay - widen ramp and new walkway – Lackersteen Street from the Boating Now Round 3 Program;

2. Redirects the grant and associated Council funding to the Myola Boat Ramp Project under the same Boating Now Round 3 Program;

3. Retain the Callala Bay Boat Ramp Project within the 10-year CAPEX and be considered for future grant submissions to secure funding.

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

Against: Nil

CL23.219 Tenders - St Vincent St / South St Intersection Upgrade (Traffic Signals) & South St Shared User Path, Ulladulla

HPERM Ref: D23/209221

Recommendation

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

RESOLVED (Clr D'Ath / Clr Norris) MIN23.366

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 Boyd, Clr Norris, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against: Nil

CL23.220 Variations to Development Standards - June Quarter 2023

HPERM Ref: D23/266567

RESOLVED* (Clr Wells / Clr White) MIN23.367

That Council receive the Variations to Development Standards – June Quarter Report 2023 for information.

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

Against: Nil

CL23.221 Membership Appointment - Youth Advisory Committee

HPERM Ref: D23/168471

RESOLVED* (Clr Wells / Clr White) MIN23.368

That Council:

1. Appoint Nelani Botha as a member of the Youth Advisory Committee for a 2-year term, to expire in June 2025.

2. Appoint Adam-John Clear as a member of the Youth Advisory Committee for a 2-year term, to expire in June 2025.

3. Note that the Expression of Interest will remain open until all three remaining community youth representative positions are filled.

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

Against: Nil

CL23.222 Membership Appointment - Inclusion and Access Advisory Committee

HPERM Ref: D23/274900

RESOLVED* (Clr Wells / Clr White) MIN23.369

That Council Elect the following members (or their representative) until the next ordinary election of the Mayor, or the next general election of Council, or until the Committee is disbanded or completes its purpose in accordance with the Inclusion and Access Advisory Committee Terms of Reference.

1. Hayden Fineran as a member in the category of family, friend or carer.

2. Frederick Oberg as an Aboriginal representative.

3. Jackie Kay as a community member who lives with disability.

4. Karen Akehurst as a member in the category service provision.

5. Kate Kinch as a member in the category of family, friend or carer.

6. Kylieanne Derwent as a community member who lives with disability.

7. Leslie Coster as a member in the category service provision.

8. Veronica Rawlinson as a community member who lives with disability.

9. Lily Wright as a youth representative.

10. Aaron Trott as a member in the category service provision.

11. Bill Deaves as a community member who lives with disability.

12. Chris Mitchell as a member in the category of family, friend or carer.

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

Against: Nil

CL23.223 NSW Local Roads Congress Communique 2023

HPERM Ref: D23/248642

RESOLVED* (Clr Wells / Clr White) MIN23.370

That Council receive the report from Clr Patricia White on the NSW Local Roads Congress Communique 2023 for information.

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

Against: Nil

CL23.224 LGNSW Tourism Conference 2023

HPERM Ref: D23/274061

RESOLVED* (Clr Wells / Clr White) MIN23.371

That Council receive the report from Clr Patricia White on the LGNSW Tourism Conference 2023 for information.

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

Against: Nil

Notices of Motion / Questions on Notice

CL23.225 Notice of Motion - Car Parking Sanctuary Point Shopping Centre Precinct

HPERM Ref: D23/253433

Recommendation

That Council undertake a review of available car parking in this entry point shopping centre area with a view to ultimately increasing the number of parking places.

RESOLVED (Clr Watson / Clr Ell) MIN23.372

That Council undertake a review of available car parking in the Sanctuary Point Shopping Centre area with a view to ultimately increasing the number of parking places.

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

Against: Nil

CL23.226 Notice of Motion - Sanctuary Point Shopping Centre - Commercial Waste Bins - Poor Visual Amenity and Potential Encroachment

HPERM Ref: D23/253487

Recommendation

That Council carry out an inspection of the area of land behind the Sanctuary Point shops and Frances Ryan reserve with a view to determining if Council can enforce a tidy up of the area and also to determine if commercial waste bins and other storage items are located on Council land.

RESOLVED (Clr Watson / Clr Kotlash) MIN23.373

That Council carry out an inspection of the area of land behind the Sanctuary Point shops and Frances Ryan reserve with a view to determining if Council can enforce a tidy up of the area and also to determine if commercial waste bins and other storage items are located on Council land.

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

Against: Nil

CL23.227 Notice of Motion - Companion Animals Act - Cats

HPERM Ref: D23/257494

Recommendation

That the CEO write to the Premier, The Hon. Chris Minns MP, the Member for South Coast Liza Butler MP, the Minister for the Environment The Hon. Penny Sharpe MP, the Minister for Local Government The Hon. Ron Hoenig MP, the Leader of the Opposition Mark Speakman MP, the Shadow Minister for the Environment Kellie Sloane MP and the Member for Kiama Gareth Ward MP, urging that the Companion Animals Act 1998 be reviewed so that NSW LGA Councils have the power to formulate a policy to control domestic cats in the Council area with the ability to:

1. Introduce and police new regulations in relation to cat control that are deemed appropriate in their local government area for the protection of native species, the suppression of diseases carried by cats, and for the health and safety of cats generally.

2. Introduce controls on domestic (pet) cats on a trial basis for at least 12 months with a view to eventually introducing a 24-hour curfew.

3. Make 24-hour curfews on cats a condition of consent on all new greenfield development sites.

RESOLVED (Clr Kotlash / Clr Christen) MIN23.374

That the CEO write to the Premier, The Hon. Chris Minns MP, the Member for South Coast Liza Butler MP, the Minister for the Environment The Hon. Penny Sharpe MP, the Minister for Local Government The Hon. Ron Hoenig MP, the Leader of the Opposition Mark Speakman MP, the Shadow Minister for the Environment Kellie Sloane MP, the Member for Kiama Gareth Ward MP and Ms Sue Higginson MLC urging that the Companion Animals Act 1998 be reviewed so that NSW LGA Councils have the power to formulate a policy to control domestic cats in the Council area with the ability to:

1. Introduce and police new regulations in relation to cat control that are deemed appropriate in their local government area for the protection of native species, the suppression of diseases carried by cats, and for the health and safety of cats generally.

2. Introduce controls on domestic (pet) cats on a trial basis for at least 12 months with a view to eventually introducing a 24-hour curfew.

3. Make 24-hour curfews on cats a condition of consent on all new greenfield development sites.

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

Against: Nil

CL23.228 Notice of Motion - Jervis Bay Road and Princes Highway Intersection

HPERM Ref: D23/263826

Recommendation

That Council:

1. Notes that on Thursday 29 June 2023 Councillors were given a detailed briefing by Transport for NSW staff about various Princes Highway projects throughout the Shoalhaven.

2. Expresses concern about advice provided in the briefing that there is uncertainty about the funding for the Jervis Bay Road and Princes Highway intersection upgrade as it is subject to the Federal Government’s infrastructure review currently underway.

3. Calls on the Albanese Government to remove this project from the review, and instead provide an unambiguous guarantee that funding for this critical project will be maintained.

4. Acknowledges the significant community support for this project including the petition of over 10,000 signatures presented on the matter to NSW Parliament.

5. Instructs the CEO to send a copy of this motion to the following:

a. The Hon. Anthony Albanese MP

b. The Hon. Jim Chalmers MP

c. The Hon. Catherine King MP

d. Mrs Fiona Phillips MP

RESOLVED (Clr Ell / Clr Copley) MIN23.375

That Council

1. Write to the Albanese Government advising that the Princes Hwy - Jervis Bay Road intersection is an essential piece of infrastructure for the Shoalhaven.

2. Advise the Federal Government of the presence of the petition of over 10,000 signatures that was provided to the NSW Parliament.

3. Thank the Federal Government for their previous support of the project.

4. Request that the project remains on the critical infrastructure list and receives favourable consideration in the review.

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

Against: Nil

CL23.229 Notice of Motion - Call In DA23/1320 - Bolong Road Coolangatta - Lot 12 DP 28128	HPERM Ref: D23/270263
Item dealt with earlier in the meeting see MIN23.351.

CL23.230 Notice of Motion - Memorial Garden and Reflection Bench for Hoylake Park, Conjola Park

HPERM Ref: D23/274422

Recommendation

That Council free up funds from the Conjola Community Recovery Association (CCRA) monies held in trust to immediately install a bench and small garden for the residents and regular tourists who were affected by the fires.

RESOLVED (Clr D'Ath / Clr Findley) MIN23.376

That Council free up funds from the Conjola Community Recovery Association (CCRA) monies held in trust to immediately install a bench and small garden for the residents and regular tourists who were affected by the fires with the works to be completed by Christmas 2023.

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

Against: Nil

CL23.231 Notice of Motion - Concerns Regarding Tree Planting Along Riverview Road, Nowra

HPERM Ref: D23/275440

Recommendation

That Council

1. Affirms the decision to not proceed with the Endeavour Energy Tree Planting Initiative proposed for Riverview Rd Nowra (Mavromattes Reserve) in response to community representations.

2. Asks for an investigation into the specific location chosen for the placement of trees and a report back to the Council with the findings.

RESOLVED (Clr Copley / Clr Ell) MIN23.377

That Council

1. Thank staff for taking on concerns of the community in regards to Mavromattes Reserve.

2. Affirms the decision to not proceed with the Endeavour Energy Tree Planting Initiative proposed for Riverview Rd Nowra (Mavromattes Reserve) in response to community representations.

3. Asks for an investigation into the specific location chosen for the placement of trees and a report back to the Council with the findings.

4. Receive a report back from Endeavour Energy on what their mechanisms and processes are for keeping their trees alive

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

Against: Nil

CL23.232 Question on Notice - Youth Week 2023

HPERM Ref: D23/276307

Question

Shoalhaven City Council held three events during Youth Week 2023 (20 - 30 April). The three events were the ‘The Point Project - Youth Week Festival’ (Friday 21 April), a free Youth Week photography workshop (Saturday 22 April) and the ‘Night is Young Festival’ (Saturday 29 April). Finding out if young people in the Shoalhaven enjoyed or/and found them useful and easily accessible can help improve these events for the future.

1. How many people attended each of the three events?

2. What was the average age demographic that attended the events?

3. Was there feedback gathered from people attending these events, if so, can the feedback be sent out to councillors?

4. Were there any young people involved in developing these event ideas?

5. Where and how much in advance were the events advertised?

Response

1. How many people attended each of the three events?

Night is Young Festival: 250 community members.

Jerrinja Balaang Exhibition and Photography Workshop: 5 young people

The Point Project - Youth Festival: 150 community members.

2. What was the average age demographic that attended the events?

Night is Young Festival: This event was open to the whole of community, and many families attended, so there were both a large group of young people between 14-17 years and community members between 30-50 years. The stars of the event, performers and market stallholders, were all between 12-25 years of age.

Jerrinja Balaang Exhibition and Photography Workshop: 15-20 years of age.

The Point Project - Youth Festival: 11–13 year-olds made up the bulk of attendees.

3. Was there feedback gathered from people attending these events, if so, can the feedback be sent out to councillors?

Night is Young Festival

Feedback from Participants at the Night is Young Festival included responses as follows:

What is your favourite thing about today?

· “Loved all the market stalls!”

· “Really enjoyed performing”.

· “Favourite bit is watching all the performers so far”.

· “It’s great seeing young people supporting other young people”.

· “Comfortable atmosphere, very friendly and helpful”.

· “Loved everything! Was so well organised!”

· “The really talented performers”.

· “The community and people”.

· “Connection to other services”.

· “Well organised and ran smoothly”.

Formal evaluation with event stakeholders showed overwhelmingly that the event was a success:

· Market Stall Holders in response to ‘Please rate your overall satisfaction on the event:

o 56% of participants who ran a market stall on the day were very satisfied overall and 33% of participants said they were somewhat satisfied with the event.

· Performers in response to ‘overall, how would you rate the event?’

o 44% rated the event as ‘excellent’ and 56% of performers who participated in the survey overall rated the event as ‘good’.

· Service Providers in response to ‘please rate your overall satisfaction on the event’:

o 82% of the service providers who participated in the survey were overall very satisfied about the event, with 18% of service providers stating they were somewhat satisfied.

Jerrinja Balaang Exhibition and Photography Workshop

The session was great and gave participants the opportunity to learn about the principals of photography through a series of activities that culminated in a collective photo story of the interior and exterior Gallery environment.

The Point Project - Youth Festival

Many parents who attended the event commented that their children had an amazing day and the whole family enjoyed the atmosphere of the event, particularly in being able to enjoy the free BBQ and free skate workshops through Totem.

4. Were there any young people involved in developing these event ideas?

Night is Young Festival

· 30 young leaders through Headspace’s Youth Reference Group and Council’s Youth Advisory Committee were the drivers behind the choice of the event type, format of the event, name and theme design of the event.

· 12 young people were involved in delivering and running the event on the day.

Jerrinja Balaang Exhibition and Photography Workshop

· 1 young art facilitator was involved in the planning and facilitation of the photography workshop and tour of the art exhibition.

The Point Project - Youth Festival

· Young people were surveyed prior to the event about what they would like to see as part of the mural project launch at the skatepark, this supported the choice to engage Totem to run a skate workshop at the Festival in the park.

5. Where and how much in advance were the events advertised?

Promotion for Youth Week 2023 was extensive and provided through a range of platforms and made accessible across the LGA through the following modes from 27 February until 29 April 2023:

· Posters put up in a number of locations and shopfronts in all central townships: Nowra, Bomaderry, Vincentia, Huskisson, Sussex Inlet, Ulladulla, Milton;

· Radio Advertising on 2ST;

· Media Release through Shoalhaven City Council;

· Social Media Posts through Shoalhaven City Council and Working Group Community Services; and

· Event Pages on Shoalhaven City Council, NSW Youth Week, Community Radio Pages, and local 'What’s On' pages.

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 D'Ath) MIN23.378

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.

CCL23.20 Tenders – St Vincent St / South St Intersection Upgrade (Traffic Signals) & South St Shared User Path, Ulladulla

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.

The meeting moved into confidential the time being 7:05pm.

The meeting moved into open session, the time being 7:08pm.

Report from confidential session

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

CCL23.20 Tenders – St Vincent St / South St Intersection Upgrade (Traffic Signals) & South St Shared User Path, Ulladulla

HPERM Ref: D23/209456

RESOLVED MIN23.379C

That Council

1. In accordance with Section 178(1)(b) of the regulations decline to accept any Tender for St Vincent St / South St Intersection Upgrade (Traffic Signals) & South St Shared User Path, Ulladulla as sufficient funds are not available in the project budget to cover the contract amount and other project costs.

2. In accordance with Clause 178(3)(e) enter into negotiations with Cleary Bros (Bombo) Pty Ltd, or any other contractor as needed/appropriate, for St Vincent St / South St Intersection Upgrade (Traffic Signals) & South St Shared User Path, Ulladulla for the following reasons:

a. The sourcing strategy was a public request for tender which was live for 6 weeks so it is unlikely that inviting fresh tenders would result in any further submissions being received.

b. Cleary Bros (Bombo) have been identified as the highest scoring tenderer by the tender evaluation team.

c. There would appear to be opportunities to reduce the cost through reduction of scope.

3. Delegate the authority to the CEO (Director City Services) to execute all documents on Council’s behalf in relation to any contract formed as a result of the above to enable the work to commence.

4. Receive a report detailing the extent of the scope and cost reduction negotiated by the CEO at an appropriate time.

There being no further business, the meeting concluded, the time being 7:10pm.

Clr Findley

CHAIRPERSON