Minutes of the Ordinary Meeting
Meeting Date: Monday, 11 December 2023
Location: Council Chambers, City Administrative Building, Bridge Road, Nowra
Time: 5.33pm
The following members were present:
Clr Amanda Findley - Chairperson
Clr Gillian Boyd
Clr Matthew Norris
Clr John Kotlash
Clr Serena Copley
Clr Paul Ell
Clr Evan Christen (Remotely)
Clr Patricia White
Clr John Wells
Clr Greg Watson – left meeting 7:59pm (Remotely)
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.
A Leave of Absence was previously granted at the Ordinary Meeting 27 November 2023 for this meeting for Clr D'Ath.
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RESOLVED (Clr Copley / Clr Norris) MIN23.710 That the Minutes of the Ordinary Meeting held on Monday 04 December 2023 be confirmed. For: Clr Findley, 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 |
Nil
CL23.456 - Update Report - Nowra CBD Planning Controls Review and Related Regional Planning Work
Mr Carlo Di Giulio addressed the meeting via video recording to speak AGAINST the recommendation.
CL23.463 – Access Areas for Dogs Policy Review – Final Draft Policy and Implementation Plan
Mr Stephen Dolan addressed the meeting to speak FOR the recommendation.
CL23.464 – Mens Shed, Kangaroo Valley: in-principle endorsement of preferred site
Mr Jason Shepherd and Mr Bruce Preston addressed the meeting to speak FOR the recommendation.
Call Over of the Business Paper
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Call Over of Business Paper - En block |
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RESOLVED (Clr White / Clr Norris) MIN23.711 That the following items from Committee Reports be resolved en block: · AA23.29 - Aboriginal Advisory Committee - Appointment of Community Members · SFM23.4 - Election of Chairperson For: Clr Findley, 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. |
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Call Over of Business Paper - En block |
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RESOLVED (Clr Wells / Clr Kotlash) MIN23.712 That the following items from City Performance Directorate be resolved en block: · CL23.450 - Community Donations Policy – Update · CL23.451 - Ongoing Register of Pecuniary Interest Returns - November 2023 · CL23.453 - Supplier Panel - Provision of Hardware, Paint, Electrical, Plumbing, Steel, Nursery & Garden Supplies For: Clr Findley, 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. |
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Call Over of Business Paper - En block |
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RESOLVED (Clr Norris / Clr Gray) MIN23.713 That the following items from City Futures Directorate be resolved en block: · CL23.457 - Proposed Policy Rescission - Payment of Development Contributions and Section 64 Headworks – Charges by Deferment or Instalments (under special circumstances) For: Clr Findley, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr Watson, Clr Kitchener and Clr Gray Against: Clr White and Clr Wells Note – the items will be marked with an asterisk (*) in these Minutes. |
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Call Over of Business Paper - En block |
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RESOLVED (Clr Gray / Clr White) MIN23.714 That the following items from City Services Directorate be resolved en block: · CL23.459 - Lease Renewal - Moeyan Hill Communications Site - 370 Agars Lane, Berry · CL23.460 - Tenders - Road Pavement Restoration - South Round 1 For: Clr Findley, 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. |
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Introduction of Items as Matters of Urgency |
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RESOLVED (Clr White / Clr Wells) MIN23.715 That the following addendum reports be introduced as matters of urgency: 1. MM23.32 Mayoral Minute - Chief Executive Officer Recruitment Process & Outcome 2. CMM23.1 Mayoral Minute - Chief Executive Officer Recruitment Process & Outcome 3. CL23.470 Boongaree: Update on Sequencing of Future Stages and Engagement Activities For: Clr Findley, 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 |
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The Chairperson ruled the matters as ones of urgency as they relate to urgent business of Council and allowed their introduction. |
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Call Over of Business Paper - En block |
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RESOLVED (Clr Wells / Clr Kotlash) MIN23.716 That the following items from City Lifestyles Directorate be resolved en block: · CL23.464 - Men's Shed, Kangaroo Valley: in-principle endorsement of preferred site · CL23.465 - Archer Memorial Statue - Way Forward · CL23.470 - Boongaree: Update on Sequencing of Future Stages and Engagement Activities For: Clr Findley, 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. |
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Call Over of Business Paper - En block |
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RESOLVED (Clr Wells / Clr White) MIN23.717 That the following item from Shoalhaven Water be resolved en block: · CL23.466 - Exemption from Tendering - Management of Biosolids Land Application For: Clr Findley, 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. |
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Call Over of Business Paper - En block |
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RESOLVED (Clr Wells / Clr White) MIN23.718 That the following item from Councillor Conference Report be resolved en block: · CL23.467 - Joint National Coast to Coast and NSW Coastal Conference 2023 For: Clr Findley, 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. |
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MM23.32 Mayoral Minute - Chief Executive Officer Recruitment Process and Outcome |
HPERM Ref: D23/505790 |
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Recommendation That in accordance with Section 10A (2) (a) and (d) (i) of the Local Government Act the Council resolve to consider a separate confidential Mayoral Minute on the Recruitment of a Chief Executive Officer by reason of the: (a) personnel matters concerning particular individuals (other than Councillors), and (d) commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it.
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RESOLVED (Clr Findley / Clr Ell) MIN23.719 That in accordance with Section 10A (2) (a) and (d) (i) of the Local Government ACT the Council resolve to consider a separate confidential Mayoral Minute on the Recruitment of a Chief Executive Officer by reason of the: (a) personnel matters concerning particular individuals (other than Councillors), and (d) commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it. For: Clr Findley, 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 |
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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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Note: Thy Mayor requested all staff other than the CEO to leave the meeting for consideration of CMM23.11 – Mayoral Minute – CEO Recruitment Process & Outcome. |
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RESOLVED (Clr Ell / Clr Wells) MIN23.720 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. CMM23.1 Mayoral Minute - CEO Recruitment Process & Outcome Personnel matters concerning particular individuals (other than Councillors).10(A)(2)(a) There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to be contrary to the guidelines for the appointment of Senior Staff and may give rise to contractual issues. CCL23.31 Supplier Panel - Provision of Hardware, Paint, Electrical, Plumbing, Steel, Nursery & Garden Supplies 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 CCL23.32 Tenders - Road Pavement Restoration - South Round 1 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. CCL23.33 39a Berry Street, Nowra - Consideration 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 Boyd, Clr Norris, Clr Kotlash, 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 6:11pm.
The meeting moved into open session, the time being 6:54pm.
Report from confidential session
The following resolutions of the meeting, whilst closed to the public, were made public.
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HPERM Ref: D23/430282 |
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RESOLVED MIN23.722C That 1. Council endorses the recommendation of the Tender Evaluation Panel and appoints the specified suppliers to the Panel of Suppliers - Hardware, Paint, Electrical, Plumbing, Steel, Nursery and Garden Supplies, being: · Andreasens Green (NSW) Pty Ltd · Bishops Seed and Produce · Bunnings Group Ltd · BVN Landscape and Steel Supplies · CNW · Force Industrial Supplies · Gordon Macdonald Electrical · Hendo’s Power Tools · Independent Steel Nowra Pty Ltd · Ison & Co Pty Ltd · Project Lighting Pty Ltd · Rexel Holdings Australia Pty Ltd · Swan Hardware & Staff Pty Ltd · Terara Shoalhaven Sand & Soil · TLE Nowra 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 (or Director City Performance under delegation from CEO). |
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CCL23.32 Tenders - Road Pavement Restoration - South Round 1 |
HPERM Ref: D23/476551 |
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RESOLVED MIN23.723C That 1. Council endorses the recommendation of the Tender Evaluation Panel and accepts the Tender from Roadworx Surfacing Pty Ltd for Contract 70491E Road Pavement Restoration – South Round 1 for a total cost of $2,567,517.10 (excluding GST), made up a Lump Sum price of $2,139,597.58 plus a 20% contingency of $427,919.52 (all excluding GST). 2. The contract documents and any other associated documents be executed on behalf of the Council in accordance with Local Government (General) Regulation 2021 (section 165) by the CEO (Director City Services). |
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HPERM Ref: D23/493572 |
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RESOLVED MIN23.724C That Council 1. Determines that the strategic purpose for owning 39a Berry Street, Nowra will cease with the expiry of the lease to the Senior Citizens Organisation 2. Subject to Recommendation 3. below, authorise the CEO (or his delegate) to seek to sell the building on the open market or lease at commercial rent, and to execute all contract documents associated with that sale or lease not less than three months from the date of this resolution. 3. Prior to implementing Recommendation 2. above, direct the CEO (or his delegate) to collaborate with the Nowra University of the Third Age (U3A) for at least three months in order to attempt to find alternate accommodation for it in either a Council owned building or a privately owned building. |
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HPERM Ref: D23/505695 |
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That 1. Council receive the LG Management Solutions - Recruitment Report 8 December 2023 provided as Attachment 1 2. The preferred candidate selected by the Sub-Committee at interview for the position of General Manager, styled as the Chief Executive Officer, of Shoalhaven City Council, and as outlined in the Process and Outcome report circulated to Councillors separately be offered the position. 3. The Mayor, in consultation with the Deputy Mayor, and with advice from the Recruitment Consultant, be authorised to finalise negotiations with the preferred candidate and sign a contract based on the following: a. A five (5) year performance-based Contract in accordance with the Standard Contract of Employment applying to all general manager and senior staff positions in NSW. b. A total remuneration package up to the amount specified in the report on processes and outcomes. c. Provision of a motor vehicle for full private use based on a contribution of $15,000 by the CEO to private use costs from the total remuneration package and subject to the conditions outlined in the contract. d. The preparation of a Professional and Leadership Development Program for the Chief Executive Officer to be agreed with the Mayor, including membership of the Local Government Chief Officers Group. 4. No public comment of the name of the successful candidate be made until the Mayor has obtained a written acceptance of the offer from the preferred candidate. 5. The Employment Contract between the appointee and the Council be executed under the Common Seal of the Council. 6. The Council thank the members of the Recruitment Sub-Committee for their diligence and commitment in overseeing the recruitment process. |
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Report of the Aboriginal Advisory Committee - 21 November 2023
Items marked with an * were resolved ‘en block’.
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AA23.29 Aboriginal Advisory Committee - Appointment of Community Members |
HPERM Ref: D23/404201 |
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RESOLVED* (Clr White / Clr Norris) MIN23.725 That Council as recommended by the Aboriginal Advisory Committee: 1. Endorse and accept the appointment of David Blakeney as a member of the Aboriginal Advisory Committee. 2. Endorse and accept the appointment of Belinda Little as a member of the Aboriginal Advisory Committee. 3. Provide an unsuccessful outcome letter to the other applicants and thank them for their application, with encouragement to apply to the next EOI for the Aboriginal Advisory Committee. For: Clr Findley, 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 |
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Report of the Southern Floodplain Risk Management Committee - 22 November 2023
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HPERM Ref: D23/419432 |
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RESOLVED* (Clr White / Clr Norris) MIN23.726 That Council as recommended by the Southern Floodplain Risk Management Committee endorse the election of Clr Patricia White as Chairperson for the period to September 2024. For: Clr Findley, 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 |
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Items marked with an * were resolved ‘en block’.
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HPERM Ref: D23/477210 |
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RESOLVED* (Clr Wells / Clr Kotlash) MIN23.727 That Council adopts the Draft Community Donations Policy provided as an attachment to this report. For: Clr Findley, 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 |
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CL23.451 Ongoing Register of Pecuniary Interest Returns - November 2023 |
HPERM Ref: D23/481037 |
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RESOLVED* (Clr Wells / Clr Kotlash) MIN23.728 That the report of the Chief Executive Officer regarding the Ongoing Register of Pecuniary Interest Returns lodged for the period of 1 November to 30 November 2023 be received for information. For: Clr Findley, 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 |
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CL23.452 Draft Financial Statements for the year ended 30 June 2023 |
HPERM Ref: D23/498209 |
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Recommendation That: 1. Council receives and notes the draft Financial Statements for the year ended 30 June 2023. 2. The Mayor, Deputy Mayor, Chief Executive Officer and Responsible Accounting Officer sign the statements (included in Attachment 1) on the preparation of the Financial Statements for the year ended 30 June 2023 in accordance with Section 413(2)(c) of the Local Government Act 1993 and requirements under the Local Government Code of Accounting Practice and Financial Reporting 2022-23. 3. The draft Financial Statements for the year ended 30 June 2023 be formally referred to Council’s External Auditor, Audit Office of New South Wales, in accordance with Section 413 of the Local Government Act 1993. 4. Council, in anticipation of receiving the Auditor’s Report, set the Council Meeting to be held on 22 January 2023 as the meeting at which the audited Financial Statements for the year ended 30 June 2023 and Audit Report be presented to the public in accordance with Section 418 of the Local Government Act 1993. |
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RESOLVED (Clr Wells / Clr Findley) MIN23.729 That: 1. Council receives and notes the draft Financial Statements for the year ended 30 June 2023. 2. The Mayor, Deputy Mayor, Chief Executive Officer and Responsible Accounting Officer sign the statements (included in Attachment 1) on the preparation of the Financial Statements for the year ended 30 June 2023 in accordance with Section 413(2)(c) of the Local Government Act 1993 and requirements under the Local Government Code of Accounting Practice and Financial Reporting 2022-23. 3. The draft Financial Statements for the year ended 30 June 2023 be formally referred to Council’s External Auditor, Audit Office of New South Wales, in accordance with Section 413 of the Local Government Act 1993. 4. Council, in anticipation of receiving the Auditor’s Report, set the Council Meeting to be held on 22 January 2023 as the meeting at which the audited Financial Statements for the year ended 30 June 2023 and Audit Report be presented to the public in accordance with Section 418 of the Local Government Act 1993. For: Clr Findley, 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 |
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CL23.453 Supplier Panel - Provision of Hardware, Paint, Electrical, Plumbing, Steel, Nursery & Garden Supplies |
HPERM Ref: D23/430231 |
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RESOLVED* (Clr Wells / Clr Kotlash) MIN23.730 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 Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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CL23.454 DPOP 2023-24 - Quarterly Performance and Budget Report (July - September) |
HPERM Ref: D23/437826 |
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Recommendation That Council: 1. Receive the September Quarterly Performance Report on the 2022-2026 Delivery Program and 2023-2024 Operational Plan and publish on Council’s website. 2. Receive the September 2023 Quarterly Budget Review Report. 3. Adopt the budget adjustments as outlined in the September 2023 Quarterly Budget Report Document. |
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RESOLVED (Clr Christen / Clr Gray) MIN23.731 That Council: 1. Receive the September Quarterly Performance Report on the 2022-2026 Delivery Program and 2023-2024 Operational Plan and publish on Council’s website. 2. Receive the September 2023 Quarterly Budget Review Report. 3. Adopt the budget adjustments as outlined in the September 2023 Quarterly Budget Report Document. 4. As part of the quarterly December budget review, consider opportunities to fund the following matters: a. the Central Bushcare Officer (identify savings for funding as a high priority in operational budgets that are not focussed on residents). b. the various Nowra/Bomaderry Park Masterplans (identify savings in operational budgets that are not focussed on residents). c. the Community Strategic Infrastructure Plan update, as being key to future budget considerations. 5. Recommence ‘on hold’ item 4.2.08.02 to “Create a strategy with measurable actions for Council’s strategic property assets, including investigation into alternate revenue streams”. 6. Recommence ‘on hold’ item 2.1.04.02 to “Identify projects to be delivered in the following financial year and plan and resource the delivery of designs and specifications where required”. 8. Investigate the amalgamation of all outdoor maintenance works for parks, gardens and sports fields under a single management structure to increase efficiency. 9. Acknowledges that the inspection and renewal of stormwater infrastructure across the city remains a high priority for Council. For: Clr Findley, 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 |
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CL23.455 Proposed Voluntary Planning Agreement - Dedication of Land - Suncrest Avenue, Sussex Inlet |
HPERM Ref: D23/465759 |
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Recommendation That Council delegate authority to Council’s Chief Executive Officer, or his delegate, to: 1. Provide ‘in-principle’ support to enter into a Voluntary Planning Agreement (VPA) for the dedication of part of Lot 22 DP 1270620; Suncrest Avenue, Sussex Inlet for the purpose of a drainage reserve. 2. Prepare the draft VPA and associated Explanatory Note and proceed to public notification for a minimum period of 28 days as required by legislation. 3. Following public notification, enter into the VPA consistent with the terms in this report, except where objections or substantial issues relating to the content and merit of the proposed VPA are raised as a result of public notification, in which case the VPA is to be reported to Council before it is entered into. |
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RESOLVED (Clr Christen / Clr White) MIN23.732 That Council delegate authority to Council’s Chief Executive Officer, or his delegate, to: 1. Provide ‘in-principle’ support to enter into a Voluntary Planning Agreement (VPA) for the dedication of part of Lot 22 DP 1270620; Suncrest Avenue, Sussex Inlet for the purpose of a drainage reserve. 2. Prepare the draft VPA and associated Explanatory Note and proceed to public notification for a minimum period of 28 days as required by legislation. 3. Following public notification, report back the VPA to Council before it is entered into. For: Clr Findley, 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 |
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CL23.456 Update Report - Nowra CBD Planning Controls Review and Related Regional Planning Work |
HPERM Ref: D23/472280 |
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Note: A deputation was received on this item. |
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Recommendation That Council: 1. Await the outcomes of the NSW Government’s Nowra City Centre Strategic Roadmap process before implementing the previously resolved review of planning controls for Nowra CBD (MIN21.249). 2. Request a briefing from the NSW Government in early 2024 to provide an urgent update on the recommendations and insights from Nowra City Centre Strategic Roadmap and discuss the importance of the Nowra CBD. 3. Receive a further report back after the briefing outlining next steps and any recommended planning amendments for Nowra CBD. |
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RESOLVED (Clr Christen / Clr Wells) MIN23.733 That Council: 1. Await the outcomes of the NSW Government’s Nowra City Centre Strategic Roadmap process before implementing the previously resolved review of planning controls for Nowra CBD (MIN21.249). 2. Request a briefing from the NSW Government in early 2024 to provide an urgent update on the recommendations and insights from Nowra City Centre Strategic Roadmap and discuss the importance of the Nowra CBD. 3. Receive a further report back after the briefing outlining next steps and any recommended planning amendments for Nowra CBD. For: Clr Findley, 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 |
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CL23.457 Proposed Policy Rescission - Payment of Development Contributions and Section 64 Headworks – Charges by Deferment or Instalments (under special circumstances) |
HPERM Ref: D23/476626 |
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RESOLVED* (Clr Norris / Clr Gray) MIN23.734 That Council rescind the Payment of Development Contributions and Section 64 Headworks – Charges by Deferment or Instalments (under special circumstances) Policy (POL22/39). For: Clr Findley, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr Watson, Clr Kitchener and Clr Gray Against: Clr White and Clr Wells |
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CL23.458 Report Back - Question on Notice - Bushfire Preparedness at Shoalhaven Council |
HPERM Ref: D23/465019 |
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Recommendation That Council 1. Receives the detailed report on the Bushfire Preparedness at Shoalhaven City Council in response to the question on notice from the 30 October 2023 Ordinary Council Meeting. 2. That Council thank the staff at Shoalhaven City Council for their effort in relation to Bushfire Preparedness. |
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RESOLVED (Clr Kotlash / Clr Christen) MIN23.735 That Council 1. Receives the detailed report on the Bushfire Preparedness at Shoalhaven City Council in response to the question on notice from the 30 October 2023 Ordinary Council Meeting. 2. That Council thank the staff at Shoalhaven City Council for their effort in relation to Bushfire Preparedness. 3. Communicate this report to the public. |
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CL23.459 Lease Renewal - Moeyan Hill Communications Site - 370 Agars Lane, Berry |
HPERM Ref: D23/424490 |
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RESOLVED* (Clr Gray / Clr White) MIN23.736 That Council enter a new Lease for the strategic purpose of security of tenure for the telecommunications tower and to ensure that access will be allowed to the site. For: Clr Findley, 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 |
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CL23.460 Tenders - Road Pavement Restoration - South Round 1 |
HPERM Ref: D23/481354 |
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RESOLVED* (Clr Gray / Clr White) MIN23.737 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 Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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CL23.461 The Shoalhaven Community Adaptation and Resilience Strategy |
HPERM Ref: D23/468410 |
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Recommendation That Council: 1. Receive the Shoalhaven Community Led Adaptation and Resilience Strategy for information. 2. Thank the Shoalhaven Community, Staff and Griffith University for their significant contribution in the preparation of this innovative strategic document. 3. Acknowledge the launch of the Shoalhaven Community Led Adaptation and Resilience Strategy with the assistance of Council’s Media & Communications. |
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RESOLVED (Clr Findley / Clr Wells) MIN23.738 That Council: 1. Receive the Shoalhaven Community Led Adaptation and Resilience Strategy for information. 2. Thank the Shoalhaven Community, Staff and Griffith University for their significant contribution in the preparation of this innovative strategic document. 3. Acknowledge the launch of the Shoalhaven Community Led Adaptation and Resilience Strategy with the assistance of Council’s Media & Communications. 4. Actively seeks federal funding to advance the Shoalhaven Community Adaptation and Resilience Strategy program. For: Clr Findley, 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 |
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CL23.462 Berry Showground Master Plan - Outcome of Engagement Activity |
HPERM Ref: D23/402745 |
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Note: Clr Watson left the meeting, the time being 7:59pm. |
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Recommendation That Council: 1. Accept the Draft Berry Showground Master Plan – Outcome of Engagement Activity report as an interim report about feedback received during public exhibition of the Draft Berry Showground Master Plan. 2. Endorse proposed amendments to the draft Master Plan as outlined in Table 2: Recommended Amendments in the Draft Berry Showground Master Plan – Outcome of Engagement Activity report. 3. Direct the CEO (Director - City Lifestyles) to submit a revised master plan to the Council at a future Ordinary Council Meeting for consideration and final adoption of the Berry Showground Master Plan. |
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RESOLVED (Clr Christen / Clr Gray) MIN23.739 That Council: 1. Accept the Draft Berry Showground Master Plan – Outcome of Engagement Activity report as an interim report about feedback received during public exhibition of the Draft Berry Showground Master Plan. 2. Revisit the proposed amendments to the draft Master Plan to ensure: a. The inclusion of a goal and objectives as requested in community feedback. b. There is a resident, rather than tourist, focus to the priority projects. c. The ‘Landscape Masterplan’ meets the concerns in the community feedback. 3. Direct the CEO (Director - City Lifestyles) to submit a revised Master Plan to the Council at a future Ordinary Council Meeting for consideration and final adoption of the Berry Showground Master Plan. For: Clr Findley, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Kitchener and Clr Gray Against: Nil |
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CL23.463 Access Areas for Dogs Policy Review - Final Draft Policy and Implementation Plan |
HPERM Ref: D23/427842 |
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Note: A deputation was received on this item. |
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Recommendation That Council: 1. Adopt the final draft of the Access Areas for Dogs Policy, provided at Attachment 1: Access Areas for Dogs Policy. 2. Endorse the draft Access Areas for Dogs Policy Implementation Plan, provided at Attachment 2: Access Areas for Dogs Policy Implementation Plan. 3. Note the draft Access Areas for Dogs Policy Charter of Roles & Responsibilities, provided at Attachment 3: Access Areas for Dogs Policy Charter of Roles & Responsibilities. 4. Adopt the list of site-specific dog access areas (off-leash and prohibited) provided at Attachment 4: List of existing off-leash and prohibited areas (to be carried forward), as an interim measure under the Companion Animals Act 1998 to carry forward existing designated dog access areas unchanged while work continues to complete relevant environmental due diligence assessments in accordance with the Environmental Planning and Assessment Act 1979. 5. Direct the CEO (Director – City Lifestyles & Director – City Development) to prepare and submit a report(s) to a future Ordinary Council Meeting(s) for consideration regarding long-term designations for all dog access areas (off-leash and prohibited) in Shoalhaven in accordance with the findings of relevant environmental due diligence assessments (under the Environmental Planning and Assessment Act 1979) and community expectations (as determined through community consultation activities). 6. Direct the CEO (Director - City Lifestyles & Director - City Development) to prepare and submit a report(s) to a future Ordinary Council Meeting(s) for consideration, as outlined in the draft Access Areas for Dogs Policy Implementation Plan, in relation to: a. Access Areas for Dogs Policy - Signage Plan (addendum to the Open Space Signage Guidelines, and including associated graphics) b. Access Areas for Dogs Policy - Education & Communications Plan c. Access Areas for Dogs Policy - Enforcement Plan d. Access Areas for Dogs Policy - Monitoring & Evaluation Plan e. Access Areas for Dogs Policy - Implementation Funding Plan 7. Delegate to the CEO (Director - City Lifestyles & Director - City Development) relevant powers under the Companion Animals Act 1998 (NSW) and the Local Government Act 1993 (NSW) to make temporary changes to dog-controlled areas under an adaptive management approach, noting that under s3.8 of the final Access Areas for Dogs Policy: a. A report(s) shall be placed on the agenda of an Ordinary Council Meeting in relation to any occurrence where temporary changes to existing designated dog off-leash or dog-prohibited areas are enacted in a consistent manner across a period of at least 36 months and where these changes can reasonably be expected to be continued for a further 24 months and/or indefinitely. |
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RESOLVED (Clr White / Clr Christen) MIN23.740 That Council: 1. Adopt the final draft of the Access Areas for Dogs Policy, provided at Attachment 1: Access Areas for Dogs Policy. 2. Endorse the draft Access Areas for Dogs Policy Implementation Plan, provided at Attachment 2: Access Areas for Dogs Policy Implementation Plan. 3. Note the draft Access Areas for Dogs Policy Charter of Roles & Responsibilities, provided at Attachment 3: Access Areas for Dogs Policy Charter of Roles & Responsibilities. 4. Adopt the list of site-specific dog access areas (off-leash and prohibited) provided at Attachment 4: List of existing off-leash and prohibited areas (to be carried forward), as an interim measure under the Companion Animals Act 1998 to carry forward existing designated dog access areas unchanged while work continues to complete relevant environmental due diligence assessments in accordance with the Environmental Planning and Assessment Act 1979. 5. Direct the CEO (Director – City Lifestyles & Director – City Development) to prepare and submit a report(s) to a future Ordinary Council Meeting(s) for consideration regarding long-term designations for all dog access areas (off-leash and prohibited) in Shoalhaven in accordance with the findings of relevant environmental due diligence assessments (under the Environmental Planning and Assessment Act 1979) and community expectations (as determined through community consultation activities). 6. Direct the CEO (Director - City Lifestyles & Director - City Development) to prepare and submit a report(s) to a future Ordinary Council Meeting(s) for consideration, as outlined in the draft Access Areas for Dogs Policy Implementation Plan, in relation to: a. Access Areas for Dogs Policy - Signage Plan (addendum to the Open Space Signage Guidelines, and including associated graphics) b. Access Areas for Dogs Policy - Education & Communications Plan c. Access Areas for Dogs Policy - Enforcement Plan d. Access Areas for Dogs Policy - Monitoring & Evaluation Plan e. Access Areas for Dogs Policy - Implementation Funding Plan 7. Delegate to the CEO (Director - City Lifestyles & Director - City Development) relevant powers under the Companion Animals Act 1998 (NSW) and the Local Government Act 1993 (NSW) to make temporary changes to dog-controlled areas under an adaptive management approach, noting that under s3.8 of the final Access Areas for Dogs Policy: a. A report(s) shall be placed on the agenda of an Ordinary Council Meeting in relation to any occurrence where temporary changes to existing designated dog off-leash or dog-prohibited areas are enacted in a consistent manner across a period of at least 36 months and where these changes can reasonably be expected to be continued for a further 24 months and/or indefinitely. For: Clr Findley, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Kitchener and Clr Gray Against: Nil |
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CL23.464 Men's Shed, Kangaroo Valley: in-principle endorsement of preferred site |
HPERM Ref: D23/436604 |
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Note: A deputation was received on this item. |
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RESOLVED* (Clr Wells / Clr Kotlash) MIN23.741 That Council: 1. Accept the Men's Shed, Kangaroo Valley: in-principle endorsement of preferred site report for information in relation to options for a purpose built Men’s Shed facility in Kangaroo Valley. 2. Provide in-principle endorsement for Lot 7 DP 264336 (West Moss Vale Road Reserve) as the preferred site for a purpose built Men’s Shed facility in Kangaroo Valley subject to the outcome of community engagement. 3. Direct the CEO (Director - City Lifestyles) to: a. Undertake community engagement to seek community views about the planned future use of this site; b. Provide a future report to Council outlining the outcome of engagement activities and proposed next steps. 4. Note that the project is not identified in Council’s Delivery Program Operation Plan & Budget 2023 / 24, nor in the draft Resourcing Strategy currently on public exhibition as part of Council’s Financial Sustainability Review, and subsequently has no funding allocated for design or construction.
For: Clr Findley, 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 |
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HPERM Ref: D23/500168 |
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RESOLVED* (Clr Wells / Clr Kotlash) MIN23.742 That Council: 1. Provide In Principle support for the transfer of $30,355.25 of funds held in Trust by Shoalhaven City Council to the Shoalhaven City Turf Club to be used towards the installation of a Memorial Statue to racehorse Archer: 2. Support the installation of the Archer Memorial Statue in the grounds of the Shoalhaven City Turf Club Grounds. 3. Provide endorsement for the appropriate legal instrument and/or governance arrangement being put in place to give effect to the resolution. For: Clr Findley, 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 |
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CL23.466 Exemption from Tendering - Management of Biosolids Land Application |
HPERM Ref: D23/480400 |
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RESOLVED* (Clr Wells / Clr White) MIN23.743 That Council, 1. Approves an exemption from tendering in accordance with Section 55(3)(i) of the Local Government Act 1993, to identify and negotiate directly with an alternative provider to establish an arrangement for the beneficial reuse of biosolids. The following extenuating circumstances have contributed to this situation: a. Following the recent tender process and subsequent awarding of the tender to Loop Organics Pty Ltd, the services are unable to be provided in accordance with the contract specifications and the contract has been withdrawn. b. Uncertainty surrounding the review of the NSW Biosolids Guidelines with regard to allowable contaminant levels in biosolids, has at present, effectively ruled out the reuse of the material in local agriculture. Material is currently being sent to landfill. 2. Authorises the CEO (Executive Manager, Shoalhaven Water) to approve purchase orders for the appropriate suppliers for the transport and spreading of biosolids. For: Clr Findley, 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 |
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CL23.467 Joint National Coast to Coast and NSW Coastal Conference 2023 |
HPERM Ref: D23/493916 |
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RESOLVED* (Clr Wells / Clr White) MIN23.744 That Council 1. Receive the report from Clr Patricia White and Clr John Wells on the Joint National Coast to Coast and NSW Coastal Conference 2023 for information. 2. Receive a further report when the Conference presentations are available as these were very valuable and informative. For: Clr Findley, 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 |
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Notices of Motion / Questions on Notice
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CL23.435 Notice of Motion - Proposed Lease - 39a Berry Street Nowra - Shoalhaven U3A |
HPERM Ref: D23/473508 |
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Recommendation That Council: 1. Acknowledges that Shoalhaven U3A, consisting of some 400 members are presently looking for new premises within the Nowra area. 2. Notes that the Shoalhaven District Senior Citizens Association currently occupy premises at 39a Berry St, Nowra but that they will cease their operations at the end of January 2024. 3. Notes that Shoalhaven U3A provide a vital service and substantial support to Shoalhaven seniors. 4. Approves the request for Shoalhaven U3A to take over occupation of the 39a Berry Street, Nowra premises under similar terms and conditions previously offered to the Shoalhaven District Senior Citizens Association. 5. Delegates to the CEO to finalise arrangements required for the lease over 39a Berry St, Nowra to be transferred to Shoalhaven U3A. |
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RESOLVED (Clr Ell / Clr Christen) MIN23.745 1. Acknowledges the important service that community organisations provide. 2. Notes that Council has resolved to collaborate with the Nowra U3A for at least three months in order to attempt to find alternative accommodation for it in either a Council owned building or a privately owned property. 3. Directs the CEO to provide a briefing and subsequent report concerning: a. All available Council owned properties/spaces that may be suitable for community organisations to utilise. b. Undertake an Expression of Interest (EOI) process for the future use of these properties/spaces. For: Clr Findley, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Kitchener and Clr Gray Against: Nil |
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CL23.468 Notice of Motion - Vincentia High School - Youth Voice Presentation - BMX Pitch and Presentation |
HPERM Ref: D23/495573 |
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Recommendation That Council: 1. Organise a briefing/workshop with Students and organisers from Vincentia High School on the Youth Voice presentations. 2. Provide ongoing assistance from Council staff/resources on progressing the BMX pitch presentation on the BMX Track at Basin View for Students to understand Council processes on projects and to improve the infrastructure. 3. Support in principle grant/funding opportunities for the BMX pitch to be realised from external Councils sources. |
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RESOLVED (Clr White / Clr Kotlash) MIN23.746 1. Organise a briefing/workshop with Students and organisers from Vincentia High School on the Youth Voice presentations. 2. Provide ongoing assistance from Council staff/resources on progressing the BMX pitch presentation on the BMX Track at Basin View for Students to understand Council processes on projects and to improve the infrastructure. 3. Support the students/community in making applications for grant funding. For: Clr Findley, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Kitchener and Clr Gray Against: Nil |
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CL23.469 Notice of Motion - Lake Conjola Flooding – November 2023 |
HPERM Ref: D23/496554 |
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Recommendation That Council 1. Organise a briefing/workshop, as soon as possible, with CCA and residents of Lake Conjola to understand the effects of the flood on 23 November and impacts on the residents and properties. 2. As a matter of urgency work with a. Member for South Coast Liza Butler MP b. Premier Minns c. NSW Ministers for Local Government, Crown Lands, Environment with the view to review the current 5-year Crown Land Licence to allow for early intervention works when forecasted rain/flood events are predicted, the lake is closed, and trigger levels have not been met. 3. Review any maintenance works from 2020 on the Lake Conjola entrance management and provide a report back to Council on any improvements. 4. Continue to work on the CMP to allow a review of the Entrance Management Plan. |
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RESOLVED (Clr White / Clr Christen) MIN23.747 1. Continue to have meetings/workshop with CCA, residents and the SES to understand the impacts of the flood of 23 November on residents and properties. 2. Work with NSW Crown Lands and Liza Butler (Member for South Coast), to review the management licence considering the recent flood to allow for early opening when forecast rain/flood events are predicted. This to include a possible trigger level ‘band’, e.g. 0.8 – 1.0m, that would allow some flexibility to adapt for time-of-day, tide, swell and uncertainty of predicted rainfall. Provide a report back to Council. 3. Review any maintenance works from 2020 on the Lake Conjola entrance and provide a report back to Council. 4. As flooding will always be a risk (cannot always be alleviated by entrance opening) it is important to continue the design work on the Flash Flood Warning System that will assist residents to prepare for floods. 5. To seek funding immediately for the implementation of the Flash Flood Warning system from the DPE, Liza Butler (Member for South Coast), so that the equipment (~ $300,000) may be implemented as soon as possible. 6. Continue the work on the CMP to allow a review of the Entrance Management Plan. For: Clr Findley, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Kitchener and Clr Gray Against: Nil |
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Procedural Motion - Matters of Urgency |
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RESOLVED (Clr Wells / Clr Gray) MIN23.748 That an additional item to call in DA23/1856 - 408 Bunkers Hill Rd Barrengarry - Lot 144 DP 751262 - be introduced as a matter of urgency. For: Clr Findley, 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 |
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The Chairperson ruled the matter as urgent as council will not meet again until 22 January 2023, and should there be an advancement of the da process in that time, it is only fair for council staff to know the intent of council. |
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CL23.471 Additional Item - Development Application - Call in DA23/1856 - 408 Bunkers Hill Rd, Barrengarry |
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RESOLVED (Clr Wells / Clr Gray) MIN23.749 That Council call in DA23/1856 - 408 Bunkers Hill Rd Barrengarry - Lot 144 DP 751262 due to public interest. For: Clr Findley, 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 |
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MM23.32 Mayoral Minute - Chief Executive Officer Recruitment Process and Outcome |
HPERM Ref: D23/505790 |
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Item dealt with earlier in the meeting see MIN23.719
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CL23.470 Boongaree: Update on Sequencing of Future Stages and Engagement Activities |
HPERM Ref: D23/495955 |
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RESOLVED* (Clr Wells / Clr Kotlash) MIN23.750 That Council: 1. Note the contents of the Boongaree: Update on Sequencing of Future Stages and Engagement Activities report as a summary of consultation with sporting groups (clubs) that utilise existing sportsgrounds and associated amenities at Boongaree Recreation Precinct. 2. Endorse the prioritisation of Stage 5 – Junior Sports Field and postpone delivery of Stage 7 – Senior Sports Field at Boongaree Recreation Precinct, pending the allocation of sufficient additional funding, and; a. Direct the Chief Executive Officer (Director – City Lifestyles) to proceed with negotiations with the NSW Government’s Multi-Sport Community Facility Fund 2021-22 to reduce the scope of the funding agreement from delivery of Stages 5 & 7 to delivery of Stage 5 only, in line with revised cost estimates, site constraints, and the outcomes of key stakeholder consultation. b. Pending the outcome at Part 2a of this resolution, direct the CEO (Director – City Lifestyles) to finalise tender documentation and proceed to advertise a tender for the delivery of Stage 5 – Junior Sports Fields, in accordance with Section 55 of the NSW Local Government Act 1993 and Part 7 of the Local Government General Regulations 2005. c. Direct the Chief Executive Officer (Director – City Lifestyles) to provide a future report to Council, upon completion of Part 2a & 2b of this resolution, outlining revised deliverables and budgets for all remaining stages of work at Boongaree. For: Clr Findley, 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 |
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The Mayor noted that it was the CEO’s last meeting, and moved a vote of thanks, seconded by Clr Wells.
There being no further business, the meeting concluded, the time being 8.48pm.
Clr Findley
CHAIRPERSON