Minutes of the Ordinary Meeting

 

 

Meeting Date:     Monday, 9 October 2023

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

Time:                   5.30pm

 

 

The following members were present:

 

Clr Amanda Findley - Chairperson

Clr Moo D'Ath

Clr Gillian Boyd

Clr Matthew Norris

Clr John Kotlash

Clr Serena Copley

Clr Paul Ell

Clr Evan Christen (Remotely) – joined at 5.42pm, left at 7.05pm

Clr Patricia White

Clr John Wells

Clr Greg Watson

Clr Mark Kitchener

Clr Tonia Gray (Remotely) – left at 7.18pm during confidential session

 

 

 

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 Kotlash / Clr Norris)                                                                                   MIN23.576

That the Minutes of the Ordinary Meeting held on Monday 25 September 2023 be confirmed.

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

Against:    Nil

CARRIED

 

 

 

 

Declaration of Interests

Clr Gray – CCL23.28 - Tenders - Management and Operation of Holiday Haven Kangaroo Valley – significant non-pecuniary interest declaration – knows Kangaroo Valley Adventure Company very well and are personal friends – will leave the room and will not take part in discussion or vote.

Clr Wells – CL23.376 - SF10965 – Hitchcocks Lane, Berry – Lots 762-763 DP 1224932 – Princes Highway, Berry – Lots 15-16 DP 1188080 & Lot 6 DP 1070867 – less than significant non-pecuniary interest declaration – His family worships at the South Coast Life Church on Schofields Lane, and access the lane regularly – will remain in the room and will take part in discussion and vote.

 

 

Mayoral Minute

 

MM23.24    Mayoral Minute - Recycled Products - New Builds and Refurbishments

HPERM Ref: D23/390221

Recommendation

That Council

1.    Commit to using where possible, recycled products in all new builds and refurbishments, especially products that are manufactured here in the Shoalhaven.

2.    Receive an annual report back as a component of the annual State of Environment report.

RESOLVED (Clr Findley / Clr Wells)                                                                                    MIN23.577

That Council:

1.    Commit to using where possible, recycled products in all new builds and refurbishments, especially products that are manufactured here in the Shoalhaven.

2.    Receive an annual report back as a component of the annual State of Environment report.

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

Against:    Nil

CARRIED

 

MM23.25    Mayoral Minute - Condolence Motion Rob Bevear

HPERM Ref: D23/401518

Recommendation

That Council notes the passing of Mr Rob Bevear and writes to his wife Sue and daughter Lindsey expressing condolences.

RESOLVED (Clr Findley / Clr D'Ath)                                                                                    MIN23.578

That Council notes the passing of Mr Rob Bevear and writes to his wife Sue and daughter Lindsey expressing condolences.

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

Against:    Nil

CARRIED

 

 

Procedural Motion – Introduction of Addendum Reports

Note: Clr Christen joined the meeting remotely the time being 5.42pm.

RESOLVED (Clr Findley / Clr D'Ath)                                                                                    MIN23.579

That the following addendum reports be introduced as matters of urgency:

1.       MM23.26 Mayoral Minute - 100 St Vincent Street, Ulladulla

2.       MM23.27 Mayoral Minute - Sanctuary Point District Library

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

Against:    Nil

CARRIED

The Chairperson ruled the matters as ones of urgency as they relate to urgent business of Council and allowed their introduction.

 

MM23.26    Mayoral Minute - 100 St Vincent Street, Ulladulla

HPERM Ref: D23/405695

Recommendation

That Council:

1.      Support a rezoning of 100 St Vincent St Ulladulla, through lodgement of a formal Planning Proposal, in order to meet the objectives of Safe Waters nominated use of the site.

2.      Give the CEO delegated authority to prepare and lodge the Planning Proposal as soon as practicable.

3.      Should a favourable gateway determination be received, Council lodge a Development Application concurrent to the Planning Proposal to facilitate a timely determination.

4.      Write to the member for South Coast Liza Butler MP, seeking her assistance to engage with the NSW Department of Planning and Environment for the planning proposal to reinforce the importance of the Safe Waters use, and urgent need for this site rezoning.

RESOLVED (Clr Findley / Clr Ell)                                                                                         MIN23.580

That Council:

1.      Support a rezoning of 100 St Vincent St Ulladulla, through lodgement of a formal Planning Proposal, in order to meet the objectives of Safe Waters nominated use of the site.

2.      Give the CEO delegated authority to prepare and lodge the Planning Proposal as soon as practicable.

3.      Should a favourable gateway determination be received, Council lodge a Development Application concurrent to the Planning Proposal to facilitate a timely determination.

4.      Write to the member for South Coast Liza Butler MP, seeking her assistance to engage with the NSW Department of Planning and Environment for the planning proposal to reinforce the importance of the Safe Waters use, and urgent need for this site rezoning.

5.      Promptly investigate and nominate suitable zonings for the site that will allow for the intended use.

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

Against:    Nil

CARRIED

 

MM23.27    Mayoral Minute - Sanctuary Point District Library

HPERM Ref: D23/406249

Recommendation

That Council:

1.    Notes that the Sanctuary Point District Library is a project for all the Bay and Basin community, is an economic stimulus project for Sanctuary Point and therefore Council reaffirms its commitment to the Sanctuary Point District Library Project at the current location as approved in the current Development Application.

2.    Confirms with the funding body the acceptance of Federal Grant funds by December 2023.

3.    Commits through its long-term financial plan the following financial strategy:

a.    $7.5 million 24/25 financial year and

b.    $7.5 million in the 25/26

c.    Capping Council’s commitment to the project at $15 million

4.    Write to the Member for South Coast Liza Butler MP requesting $7.5 million of financial assistance from the State Government for the project to be confirmed no later than 30 June 2024.

5.    Inform the Federal Member for Gilmore Fiona Phillips MP of the financial strategy (as above) to achieve completion of the Sanctuary Point Library within the grant timeframe and request that the Federal Member continue to work closely with the Member for South Coast to achieve the additional funding.

6.    Thank the Federal Member for Gilmore Fiona Phillips MP and Member for South Coast Liza Butler MP for their ongoing advocacy and assistance in securing funding for this landmark project.

Clr Ell raised a Point of Order against Clr D’Ath regarding her comment about Mr Gareth Ward being his boss.

The Chairperson asked Clr D’Ath to withdraw her comment and apologise unreservedly. 

Clr D’Ath withdrew her comment and apologised.

RESOLVED (Clr Findley / Clr D'Ath)                                                                                    MIN23.581

That Council:

1.      Notes that the Sanctuary Point District Library is a project for all the Bay and Basin community, is an economic stimulus project for Sanctuary Point and therefore Council reaffirms its commitment to the Sanctuary Point District Library Project at the current location as approved in the current Development Application.

2.      Confirms with the funding body the acceptance of Federal Grant funds by December 2023.

3.      Commits through its long-term financial plan the following financial strategy:

a.    $7.5 million 24/25 financial year and

b.    $7.5 million in the 25/26.

c.    Capping Council’s commitment to the project at $15 million.

4.      Ensure the Bob Proudfoot Pavilion is also included in the funding.

 

5.      Write to the Member for South Coast Liza Butler MP requesting $7.5 million of financial assistance from the State Government for the project to be confirmed no later than 30 June 2024.

6.      Inform the Federal Member for Gilmore Fiona Phillips MP of the financial strategy (as above) to achieve completion of the Sanctuary Point Library within the grant timeframe and request that the Federal Member continue to work closely with the Member for South Coast to achieve the additional funding.

7.      Thank the Federal Member for Gilmore Fiona Phillips MP and Member for South Coast Liza Butler MP for their ongoing advocacy and assistance in securing funding for this landmark project.

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

Against:    Nil

CARRIED

 

CL23.385   Notice of Motion - Sanctuary Point Library

HPERM Ref: D23/399827

Recommendation

That Council:

1.    Reaffirms its commitment to delivering a new Sanctuary Point District Library on the site currently identified and supported with DA approved plans.

2.    Notes that the Library can only be delivered with significant funding assistance from both the Federal and State Governments

3.    Makes urgent representations through the Member for Gilmore, Fiona Phillips MP, to the responsible Federal Minister to secure the $7.5M in federal funding already offered to Council under the Priority Community Infrastructure Program (PCIC), and an extended timeframe to utilise the funds, in the event that the Library is not able to be delivered within the timeframe required under the current grant conditions - being December 2026.

4.    Writes to both the Federal Member, Fiona Phillips MP and State Member, Liza Butler MP to confirm their commitment to the project and to seek further investment from the Commonwealth and a State Government financial commitment to ensure delivery of the project.

5.    Receive a timely report from the CEO (Director City Lifestyles) outlining the status of the project, the cost risks for the project and options to secure Council’s financial contribution to project delivery having regard to the outcome of the representations referenced above.

RESOLVED (Clr Findley / Clr Ell)                                                                                         MIN23.582

That the Notice of Motion – Sanctuary Point Library be received for information.

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

Against:    Nil

CARRIED

Note: The Council considered a Mayoral Minute on this matter (refer MM23.27 - Mayoral Minute - Sanctuary Point District Library – MIN23.581).

 

 

 

 

Deputations and Presentations

CL23.376 - SF10965 – Hitchcocks Lane, Berry – Lots 762-763 DP 1224932 - Princes Highway, Berry – Lots 15-16 DP 1188080 & Lot 6 DP 1070867 (page 46)

Mr Rick Gainford (representing Huntingdale Park Resident Action Group) addressed the meeting to speak FOR the recommendation.

 

 

Procedural Motion - Matters of Urgency

Motion (Clr Ell)

That an additional item regarding condolences to Israel be introduced as a matter of urgency.

The Chairperson asked Clr Ell to bring this up at the end of the meeting.

 

 

 

Call Over of the Business Paper

 

Call Over of Business Paper - En bloc

RESOLVED (Clr Wells / Clr Kotlash)                                                                                    MIN23.583

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

·         AB23.29 – Shoalhaven Arts Board - Terms of Reference Review 2023

·         AB23.30 - Shoalhaven City Art Collection - Acquisition of Works

·         AB23.31 - Shoalhaven Arts Board Grants - Acquittals - 2021/22 Grants

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

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

Against:    Nil

CARRIED

 

Call Over of Business Paper - En bloc

RESOLVED (Clr Wells / Clr Kotlash)                                                                                    MIN23.584

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

·         CL23.371 - DPOP 2022-23 - Quarterly Performance & Budget Report (April - June)

·         CL23.372 - EOI Outcome for 10 Pleasant Way, Nowra

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

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

Against:    Nil

CARRIED

 

 

 

 

Call Over of Business Paper - En bloc

RESOLVED (Clr Wells / Clr Norris)                                                                                      MIN23.585

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

·         CL23.373 - Shoalhaven Community Preschool - Appointment of Crown Land Manager

·         CL23.374 - Tenders - Management and Operation of Holiday Haven Kangaroo Valley

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

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

Against:    Nil

CARRIED

 

Call Over of Business Paper - En bloc

RESOLVED (Clr Norris / Clr Copley)                                                                                    MIN23.586

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

·         CL23.378 - DA22/1078 – 59 South St Ulladulla – Lot 1 & DP 530697

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

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

Against:    Nil

CARRIED

 

Call Over of Business Paper - En bloc

RESOLVED (Clr Norris / Clr Wells)                                                                                      MIN23.587

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

·         CL23.379 - Response to Notice of Motion - Car Parking Sanctuary Point Shopping Centre Precinct - Review

·         CL23.380 - Commencement of Development of Reconciliation Action Plan for Council

·         CL23.381 - Community Recovery Officer - Outcome of Funding Investigations

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, 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.

CARRIED

 

Call Over of Business Paper - En bloc

RESOLVED (Clr White / Clr Wells)                                                                                      MIN23.588

That the following item from the Councillor Conference Report be resolved en bloc:

·         CL23.384 - 2023 National Local Roads, Transport & Infrastructure Congress

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

 

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

Against:    Nil

CARRIED

 

 

Report of the Shoalhaven Arts Board - 19 September 2023

 

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

 

AB23.29     Shoalhaven Arts Board - Terms of Reference Review 2023

HPERM Ref: D23/325506

RESOLVED* (Clr Wells / Clr Kotlash)                                                                                  MIN23.589

That Council, as recommended by the Shoalhaven Arts Board:

1.    Accept the proposed amendments to the SAB Terms of Reference for adoption with the following further amendment:

a.    Hold a minimum of 4 meetings a year with a maximum of 6 meetings as determined by the Shoalhaven Arts Board.

2.    Invite a representative from Bundanon to attend future Shoalhaven Arts Board meetings.

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

Against:    Nil

CARRIED

 

AB23.30     Shoalhaven City Art Collection - Acquisition of Works

HPERM Ref: D23/338831

RESOLVED* (Clr Wells / Clr Kotlash)                                                                                  MIN23.590

That Council, as recommended by the Shoalhaven Arts Board, accept the offer from the Open Field Art Committee to donate the following works to the Shoalhaven City Art Collection:

1.    ‘Two Truths’ by Jaz Corr

2.    ‘We Don’t Cry We Don’t Miss’ by Kirli Saunders

3.    That the work by Jaz Corr be displayed in a prominent location within the Council Administrative building with the approval of the artist.

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

Against:    Nil

CARRIED

 

 

 

 

 

 

 

 

 

AB23.31     Shoalhaven Arts Board Grants - Acquittals - 2021/22 Grants

HPERM Ref: D23/344552

RESOLVED* (Clr Wells / Clr Kotlash)                                                                                  MIN23.591

That Council, as recommended by the Shoalhaven Arts Board:

1.    Accept the acquittal from Joanna Thomas for the Professional Development Grant project.

2.    Supply an invoice to Joanna Thomas for $566 which covers the grant monies remaining unspent.

3.    Allocate returned funds to the Arts Grants program for 2023/24 which will ensure funds are given back to the arts community through the next Grants program. 

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

Against:    Nil

CARRIED

 

 

Reports

 

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

 

CL23.371   DPOP 2022-23 - Quarterly Performance & Budget Report (April - June)

HPERM Ref: D23/266517

RESOLVED* (Clr Wells / Clr Kotlash)                                                                                  MIN23.592

That Council:

1.    Receive the June Quarterly Performance Report on the 2022-26 Delivery Program and 2022-2023 Operational Plan and publish on Council’s website. 

2.    Receive the June 2023 Quarterly Budget Review Report.

3.    Adopt the budget adjustments as outlined in the June 2023 Quarterly Budget Review Document.

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

Against:    Nil

CARRIED

 

CL23.372   EOI Outcome for 10 Pleasant Way, Nowra

HPERM Ref: D23/201991

RESOLVED* (Clr Wells / Clr Kotlash)                                                                                  MIN23.593

That Council, in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, consider a separate confidential report in relation to the EOI outcome for 10 Pleasant Way, Nowra.

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

Against:    Nil

CARRIED

 

 

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

 

CL23.373   Shoalhaven Community Preschool - Appointment of Crown Land Manager

HPERM Ref: D23/376359

RESOLVED* (Clr Wells / Clr Norris)                                                                                    MIN23.594

That Council:

1.    Remove itself as Crown Land Manager (CLM) for the new Shoalhaven Community Preschool site R1040592 (updated); therefore, rescinding the previously resolved motion (MIN22.256) as detailed in Council report CL22.177, 11 April 2022.

2.    Support Shoalhaven Community Preschool in their bid to become CLM of the new site R1040592 fronting North Street, Nowra

3.    Note that by supporting this resolution Council will remove itself from all responsibilities associated with this site and the Shoalhaven Community Preschool.

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

Against:    Nil

CARRIED

 

CL23.374   Tenders - Management and Operation of Holiday Haven Kangaroo Valley

HPERM Ref: D23/402076

RESOLVED* (Clr Wells / Clr Norris)                                                                                    MIN23.595

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

Against:    Nil

CARRIED

 

CL23.375   Shorebirds - End of Year Review

HPERM Ref: D23/216000

Recommendation

That Council receive this report on the Shorebird Recovery Program to highlight the collaboration between Council and NPWS to achieve better protection and enhancement of threatened shorebird habitat along the coastline of the Shoalhaven Local Government Area (LGA).

RESOLVED (Clr White / Clr Wells)                                                                                      MIN23.596

That Council receive this report on the Shorebird Recovery Program to highlight the collaboration between Council and NPWS to achieve better protection and enhancement of threatened shorebird habitat along the coastline of the Shoalhaven Local Government Area (LGA).

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

Against:    Nil

CARRIED

 

 

 

CL23.376   SF10965 – Hitchcocks Lane, Berry – Lots 762-763 DP 1224932 – Princes Highway, Berry – Lots 15-16 DP 1188080 & Lot 6 DP 1070867

HPERM Ref: D23/365465

Clr Wells – less than significant non pecuniary interest declaration – His family worships at the South Coast Life Church on Schofields Lane, and access the lane regularly – remained in the room and took part in discussion and voted.

Recommendation

That Development Application SF10965 for the staged residential subdivision to create 119 Torrens Title allotments, including 118 residential lots, and provision of associated civil infrastructure and landscaping at Lots 762-763 DP 1224932, Hitchcocks Lane, Berry and Lots 15-16 DP 1188080 & Lot 6 DP 1070867, Princes Highway, Berry, be refused having regard to the reasons contained in Attachment 2 of this report.

RESOLVED (Clr Norris / Clr Boyd)                                                                                      MIN23.597

That Development Application SF10965 for the staged residential subdivision to create 119 Torrens Title allotments, including 118 residential lots, and provision of associated civil infrastructure and landscaping at Lots 762-763 DP 1224932, Hitchcocks Lane, Berry and Lots 15-16 DP 1188080 & Lot 6 DP 1070867, Princes Highway, Berry, be refused having regard to the reasons contained in Attachment 2 of this report.

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

AGAINST:    Nil

CARRIED

 

CL23.377   RA23/1000 – 9 Weeroona Place, Nowra – Lot 32 DP 814820 – 4-14 McKenzie St, Nowra – Lots 19-24 DP 241075

HPERM Ref: D23/366663

Recommendation

That:

1.    Council receive and note the report RA23/1000 – 9 Weeroona Place, Nowra – Lot 32 DP 814820 – 4-14 McKenzie St, Nowra – Lots 19-24 DP 241075.

2.    Council support RA23/1000 for staged expansion of the Nowra Private Hospital at 9 Weeroona Place, Nowra on the basis that it has been satisfactorily assessed pursuant to section 4.15 of the Environmental Planning and Assessment Act 1979.

3.    The resolution made by Council be submitted to the Southern Regional Planning Panel prior to their consideration and determination of RA23/1000.

RESOLVED (Clr White / Clr Wells)                                                                                      MIN23.598

That:

1.    Council receive and note the report RA23/1000 – 9 Weeroona Place, Nowra – Lot 32 DP 814820 – 4-14 McKenzie St, Nowra – Lots 19-24 DP 241075.

2.    Council support RA23/1000 for staged expansion of the Nowra Private Hospital at 9 Weeroona Place, Nowra on the basis that it has been satisfactorily assessed pursuant to section 4.15 of the Environmental Planning and Assessment Act 1979.

3.    The resolution made by Council be submitted to the Southern Regional Planning Panel prior to their consideration and determination of RA23/1000.

 

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

AGAINST:    Nil

CARRIED

 

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

 

CL23.378   DA22/1078 – 59 South St Ulladulla – Lot 1 & DP 530697

HPERM Ref: D23/349989

RESOLVED* (Clr Norris / Clr Copley)                                                                                  MIN23.599

That Council in relation to Development Application DA22/1708 for a Mixed Use building containing comprising three (3) commercial offices and twenty four (24) residential apartments as affordable rental housing, basement car parking for twenty one (21) vehicles, tree removal and landscaping works at Lot 1 in DP 530697, 59 South St, Ulladulla:

1.    Confirm that it supports the proposed variation, under clause 4.6 of Shoalhaven Local Environmental Plan 2014, to the SEPP (Housing) 2021, Division 1 In-fill affordable housing, landscaping requirement of at least 35m2 of landscaped area per dwelling (840m2 required) to allow for a development that proposes 601m2 landscaped area.

2.    Approve Development Application (DA22/1708) in accordance with the recommended conditions of the consent (Attachment 4 to the report).

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

Against:    Nil

CARRIED

 

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

 

CL23.379   Response to Notice of Motion - Car Parking Sanctuary Point Shopping Centre Precinct - Review

HPERM Ref: D23/367517

RESOLVED* (Clr Norris / Clr Wells)                                                                                    MIN23.600

That Council:

1.    Receive this report Response to Notice of Motion – Car Parking Sanctuary Point Shopping Centre Precinct – Review for information.

2.    Note and acknowledge the current and future growth of Sanctuary Point and that car parking requirements will need to be evaluated and consideration given to community accessibility and public safety.

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

Against:    Nil

CARRIED

 

 

 

 

 

 

 

CL23.380   Commencement of Development of Reconciliation Action Plan for Council

HPERM Ref: D23/358341

RESOLVED* (Clr Norris / Clr Wells)                                                                                    MIN23.601

That Council receive:

1.    This report Commencement of development of Reconciliation Action Plan for Council for information.

2.    Future reports, to

a.    Endorse the public exhibition of the Reconciliation Action Plan.

b.    Adopt the Reconciliation Action Plan following the Public Exhibition period.

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

Against:    Nil

CARRIED

 

CL23.381   Community Recovery Officer - Outcome of Funding Investigations

HPERM Ref: D23/346872

RESOLVED* (Clr Norris / Clr Wells)                                                                                    MIN23.602

That Council

1.    Endorse the use of the funds from the Disaster Recovery Funding Arrangement (DRFA) for Natural Disaster Event AGRN 1025, to extend the Community Recovery Officer and Recovery Outreach Officers to June 2024.

2.    Endorse a request for variation to the Office of Local Government to extend the use of funds for the Community Recovery Officer and Recovery Outreach Officer after June 2024, until all funds are expended.

3.    Receive for information, the detail regarding the NSW Reconstruction Authorities ongoing work to update the NSW Recovery Plan.

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

Against:    Nil

CARRIED

 

CL23.382   Draft Access Areas for Dogs Policy - Community Engagement Summary and Proposed Revisions to Draft Policy

HPERM Ref: D23/331819

Recommendation

That Council:

1.    Note the Draft Access Areas for Dogs Policy (Community Engagement Summary and Proposed Revisions to Draft Policy) report as a summary of the outcomes of the draft Access Areas for Dogs Policy public exhibition, 30 April to 12 June 2023.

2.    Acknowledge that the draft Access Areas for Dogs Policy enjoys broad community support.

3.    Endorse the proposed revisions to the policy as outlined in Table 3: Recommendations – Access Areas for Dogs Policy and Implementation Plan and in line with community and key stakeholder feedback.

 

4.    Endorse the proposed inclusions for the implementation plan as outlined in Table 3: Recommendations – Access Areas for Dogs Policy and Implementation Plan and in line with community and key stakeholder feedback.

5.    Direct the CEO (Director City Lifestyles) to submit a revised draft in accordance with Part 3 (above) of the Access Areas for Dogs Policy to a future Ordinary Council Meeting for consideration.

6.    Direct the CEO (Director City Lifestyles) to prepare and submit an implementation plan to accompany final Access Areas for Dogs Policy, including a signage strategy and other actions in accordance with Point 4 (above) to a future Ordinary Council Meeting for consideration.

7.    Direct the CEO (Director City Lifestyles) to deliver a future report examining the adequacy of dog-prohibited areas in Shoalhaven (pending outcomes at Point 5 above).

Note: Clr Christen left the meeting the time being 7.05pm.

RESOLVED (Clr White / Clr Norris)                                                                                     MIN23.603

That Council:

1.    Note the Draft Access Areas for Dogs Policy (Community Engagement Summary and Proposed Revisions to Draft Policy) report as a summary of the outcomes of the draft Access Areas for Dogs Policy public exhibition, 30 April to 12 June 2023.

2.    Acknowledge that the draft Access Areas for Dogs Policy enjoys broad community support.

3.    Endorse the proposed revisions to the policy as outlined in Table 3: Recommendations – Access Areas for Dogs Policy and Implementation Plan and in line with community and key stakeholder feedback.

4.    Endorse the proposed inclusions for the implementation plan as outlined in Table 3: Recommendations – Access Areas for Dogs Policy and Implementation Plan and in line with community and key stakeholder feedback.

5.    Direct the CEO (Director City Lifestyles) to submit a revised draft in accordance with Part 3 (above) of the Access Areas for Dogs Policy to a future Ordinary Council Meeting for consideration.

6.    Direct the CEO (Director City Lifestyles) to prepare and submit an implementation plan to accompany final Access Areas for Dogs Policy, including a signage strategy and other actions in accordance with Point 4 (above) to a future Ordinary Council Meeting for consideration.

7.    Direct the CEO (Director City Lifestyles) to deliver a future report examining the adequacy of dog-prohibited areas in Shoalhaven (pending outcomes at Point 5 above).

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

Against:    Nil

CARRIED

 

 

 

 

 

 

 

 

 

 

 

CL23.383   Hoylake Grove Reserve, Conjola Park: Conjola Community Recovery Association Funds (interim report) and Memorial Garden (rescission)

HPERM Ref: D23/373954

Recommendation

That Council:

1.    Accepts the Hoylake Grove Reserve, Conjola Park: Conjola Community Recovery Association Funds (interim report) and Memorial Garden (rescission) report as an update about Council’s role in relation to Conjola Community Recovery Association donations and actions taken to date.

2.    Acknowledge the Memorandum of Agreement executed 22 October 2021 (Attachment 1) is the governing framework associated with the allocation (use) of Conjola Community Recovery Association donations.

3.    Note that a memorial outcome at Hoylake Grove Reserve does not yet enjoy broad community support.

4.    Direct the Chief Executive Officer (Director City Lifestyles) to continue to support the Conjola Community Recovery Association’s Interim Executive and Conjola Community Association by providing governance and community engagement advice and project support in accordance with the Memorandum Of Agreement.

5.    Rescind MIN23.376 in relation to a memorial bench and garden.

6.    Direct Chief Executive Officer (Director City Lifestyles) to:

a.    Design a process in line with contemporary, best-practice approaches to establishing a commemorative feature (such as a memorial, memorial garden, or reflection bench) in the Conjola area, and in accordance with Council’s Plaques and Memorials Policy, and;

b.    Provide a future report to Council in relation to 6a (above).

RESOLVED (Clr White / Clr Boyd)                                                                                       MIN23.604

That Council:

1.      Accepts the Hoylake Grove Reserve, Conjola Park: Conjola Community Recovery Association Funds (interim report) and Memorial Garden (rescission) report as an update about Council’s role in relation to Conjola Community Recovery Association donations and actions taken to date.

2.      Acknowledge the Memorandum of Agreement executed 22 October 2021 (Attachment 1) is the governing framework associated with the allocation (use) of Conjola Community Recovery Association donations.

3.      Note that a memorial outcome at Hoylake Grove Reserve does not yet enjoy broad community support.

4.      Direct the Chief Executive Officer (Director City Lifestyles) to continue to support the Conjola Community Recovery Association’s Interim Executive and Conjola Community Association by providing governance and community engagement advice and project support in accordance with the Memorandum Of Agreement.

5.      Rescind MIN23.376 in relation to a memorial bench and garden.

6.      Direct Chief Executive Officer (Director City Lifestyles) to:

a.    Design a process in line with contemporary, best-practice approaches to establishing a commemorative feature (such as a memorial, memorial garden, or reflection bench) in the Conjola area, and in accordance with Council’s Plaques and Memorials Policy, and;

b.    Provide a future report to Council in relation to 6a (above).

7.      Consider an allocation of funding for planning design work for the shared pathway between Conjola Park and Lake Conjola.

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

Against:    Nil

CARRIED

 

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

 

CL23.384   2023 National Local Roads, Transport & Infrastructure Congress

HPERM Ref: D23/385004

RESOLVED* (Clr White / Clr Wells)                                                                                     MIN23.605

That Council:

1.    Receive the report from Clr Patricia White and Clr John Wells on the 2023 National Local Roads, Transport & Infrastructure Congress for information.

2.    Acquire the Grattan institute report “Towards a sustainable road funding model for Local Government”, in November and thereafter use its contents in relation to our own infrastructure in pursuing funding.

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

Against:    Nil

CARRIED

 

 

Notices of Motion / Questions on Notice

 

CL23.385   Notice of Motion - Sanctuary Point Library

HPERM Ref: D23/399827

Item dealt with earlier in the meeting see MIN23.582

 

CL23.386   Notice of Motion - Bayswood Estate Vincentia

HPERM Ref: D23/402040

Recommendation

That Council:

1.    Investigate and plan for the ongoing asset maintenance and gardening costs for the Bayswood Estate with a view to establishing a recurrent amount of funding to be considered in future budgets.

2.    Provide and maintain low maintenance vegetation in Seagrass Street medium strip as soon as possible.

3.    Investigate the off-street parking requirements in Bayswood including:-

a.    Limitations in Seagrass Street

b.    Survey residents of Bayswood regarding off-street parking 

c.    Improvements that could be undertaken to increase off street parking

4.         Provide a further report to Council following the investigations.

RESOLVED (Clr White / Clr Kotlash)                                                                                   MIN23.606

That Council:

1.    Investigate and plan for the ongoing asset maintenance and gardening costs for the Bayswood Estate with a view to establishing a recurrent amount of funding to be considered in future budgets.

2.    Provide and maintain low maintenance vegetation in Seagrass Street medium strip as soon as possible.

3.    Investigate the off-street parking requirements in Bayswood including:-

a.    Limitations in Seagrass Street

b.    Survey residents of Bayswood regarding off-street parking 

c.    Improvements that could be undertaken to increase off street parking

4.    Receive a further report following the investigations.

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

Against:    Nil

CARRIED

 

 

Addendum Reports

 

MM23.26    Mayoral Minute - 100 St Vincent Street, Ulladulla

HPERM Ref: D23/405695

Item dealt with earlier in the meeting see MIN23.580

 

MM23.27    Mayoral Minute - Sanctuary Point District Library

HPERM Ref: D23/406249

Item dealt with earlier in the meeting see MIN23.581

 

 

Confidential Reports

Pursuant to Section 10A(4) the public were invited to make representation to the meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed.

No members of the public made representations.

RESOLVED (Clr Wells / Clr Kotlash)                                                                                    MIN23.607

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.

CCL23.27       EOI Outcome for the Sale / Development of 10 Pleasant Way, Nowra

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.

CCL23.28       Tenders - Management and Operation of Holiday Haven Kangaroo Valley

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.

CARRIED

 

 

The meeting moved into confidential the time being 7.15pm.

 

The meeting moved into open session, the time being 7.23pm.

 

Note: Clr Gray left the meeting the time being 7.18pm during confidential session.

 

 

Report from confidential session

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

 

CCL23.27  EOI Outcome for the Sale / Development of 10 Pleasant Way, Nowra

HPERM Ref: D23/201759

RESOLVED                                                                                                                        MIN23.608C

That:

1.    Council endorses the EOI Evaluation Committee’s (EOIEC) recommendation that the EOI for the sale or commercial arrangement for the development of 10 Pleasant Way, Nowra does not proceed.

2.    Council advise participants in the EOI process of the outcome of the process.

3.    A future report to Council be provided on the options for 10 Pleasant Way Nowra which may include details for the progression of any direct negotiation opportunities.

CARRIED

 

CCL23.28  Tenders - Management and Operation of Holiday Haven Kangaroo Valley

HPERM Ref: D23/401268

Clr Gray – significant non pecuniary interest declaration – knows Kangaroo Valley Adventure Company very well and are personal friends – left the meeting and did not take part in discussion or vote.

RESOLVED                                                                                                                        MIN23.609C

That:

1.    Council endorses the recommendation of the Tender Evaluation Panel and accepts the Tender from JS and IS Management Pty Ltd for management and operation of Holiday Haven Kangaroo Valley.

2.    The contract documents and any other associated documents be executed on behalf of the Council in accordance with Local Government (General) Regulation 2021 (section 165) by the CEO (Director City Services).

CARRIED

 

Procedural Motion - Matters of Urgency

RESOLVED (Clr Ell / Clr Copley)                                                                                         MIN23.610

That an additional item regarding Condolences to Israel be introduced as a matter of urgency.

CARRIED

The chairperson ruled the matter as urgent and allowed its introduction.

 

CL23.387   Urgency Motion - Condolences for Israel

Motion (Clr Ell / Clr Copley)

That Council:

1.      Condemns the heinous acts of terror committed against Israeli citizens by Hamas over the weekend.

2.      Notes that this surprise attack occurred on the holy Jewish holiday, Simchat Torah.

3.      Expresses its sympathy and support for local Shoalhaven residents of Israeli and Jewish heritage who may be impacted by these traumatic events.

4.      Affirms our solidarity with the people of Israel at this time.

Amendment (Clr Findley / Clr D'Ath)

That Council calls on the Federal Government to support a peaceful outcome for the unrest and war in the Middle East and send condolences to all families that have been lost in the conflict.

For:             Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris and Clr Kotlash

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

AMENDMENT LOST

RESOLVED (Clr Ell / Clr Copley)                                                                                         MIN23.611

That Council:

1.      Condemns the heinous acts of terror committed against Israeli citizens by Hamas over the weekend.

2.      Notes that this surprise attack occurred on the holy Jewish holiday, Simchat Torah.

3.      Expresses its sympathy and support for local Shoalhaven residents of Israeli and Jewish heritage who may be impacted by these traumatic events.

4.      Affirms our solidarity with the people of Israel at this time.

For:             Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson and Clr Kitchener

Against:    Clr Findley and Clr D'Ath

CARRIED

 

 

 

There being no further business, the meeting concluded, the time being 7.38pm.

 

 

Clr Findley

CHAIRPERSON