Minutes of the Ordinary Meeting
Meeting Date: Monday, 29 January 2024
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
Clr Patricia White
Clr John Wells
Clr Greg Watson (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.
Nil
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RESOLVED (Clr D'Ath / Clr Boyd) MIN24.31 That the Minutes of the Ordinary Meeting held on Monday 22 January 2024 be confirmed. 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 |
Nil
CL24.21 - Adoption of 2022-2026 Revised Resourcing Strategy
Mr Bob Proudfoot addressed the meeting to speak AGAINST the recommendation.
CL24.20 - Application to Lodge a Special Rate Variation
Ms Denise Joy addressed the meeting to speak AGAINST the recommendation.
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Procedural Motion - Adjournment of Meeting |
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MOTION (Clr Ell / Clr White) MIN24.32 That the meeting be adjourned for 15 minutes until Council receives a response on the audio setup outside of the Council Chambers. For: Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson and Clr Kitchener Against: Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Christen and Clr Gray |
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Procedural Motion - Adjournment of Meeting |
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RESOLVED (Clr Findley) MIN24.33 That the meeting be adjourned for 15 minutes to restore order. The meeting was adjourned, the time being 6.08pm. |
The meeting reconvened, the time being 6.26pm with the following members 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
Clr Patricia White
Clr John Wells
Clr Greg Watson (Remotely)
Clr Mark Kitchener
Clr Tonia Gray
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Procedural Motion – Move Extension of Deputation |
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RESOLVED (Clr Ell / Clr Copley) MIN24.34 That an extension be granted for Ms Denise Joy’s deputation. For: Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr White, Clr Wells and Clr Kitchener Against: Clr Christen, Clr Watson and Clr Gray |
CL24.20 - Application to Lodge a Special Rate Variation
Mr Ellis Gentle 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 Kotlash / Clr White) MIN24.35 That the following items from the Shoalhaven Water Directorate be resolved en block: · CL24.23 – Classification of Land – Lot 2 DP 538290, 80 Railway Street Bomaderry · CL24.24 - Tenders - Bream Beach Water Main & Naval Parade Sewer Main Relocations 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 |
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Procedural Motion - Bring Item Forward |
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RESOLVED (Clr Ell / Clr Findley) MIN24.36 That the matter of item CL24.22 - Post-Exhibition Report: Planning Proposal to facilitate a Transitional Group Home at 100 St Vincent Street, Ulladulla be brought forward for consideration. 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 |
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CL24.22 Post-Exhibition Report: Planning Proposal to facilitate a Transitional Group Home at 100 St Vincent Street, Ulladulla |
HPERM Ref: D23/493745 |
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Recommendation That Council: 1. Finalise the Planning Proposal recommending planning controls to permit, subject to Council’s development consent, a transitional group home at 100 St Vincent Street, Ulladulla (PP0700) and make the necessary amendments to Shoalhaven Local Environmental Plan 2014. 2. Notify stakeholders, including the Ulladulla & Districts Community Forum Inc (a Community Consultative Body) and adjoining landowners, of this decision and when the amendment to the planning controls will be published. |
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RESOLVED (Clr Ell / Clr D'Ath) MIN24.37 That Council: 1. Finalise the Planning Proposal recommending planning controls to permit, subject to Council’s development consent, a transitional group home at 100 St Vincent Street, Ulladulla (PP0700) and make the necessary amendments to Shoalhaven Local Environmental Plan 2014. 2. Notify stakeholders, including the Ulladulla & Districts Community Forum Inc (a Community Consultative Body) and adjoining landowners, of this decision and when the amendment to the planning controls will be published. 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 |
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HPERM Ref: D23/523500 |
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Note: Deputations were received on this item. |
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That Council 1. Note the actions taken to effect the Council Resolution of 20 November 2023 (MIN23.667) to undertake community consultation with respect to 3 options for a possible Special Rate Variation (the results of which are included in Report CL24.21 ‘Adoption of 2022-2026 Revised Resourcing Strategy’ on the agenda of this meeting) 2. Lodge an application with the Independent Pricing and Regulatory Tribunal for a Special Variation as outlined in Option 1 in the Long Term Financial Plan, namely a one-off permanent 32%, including rate peg, increase in total rates. |
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MOTION (Clr Christen / Clr D'Ath) That Council lodge an application with IPART for a Special Rate Variation as outlined in “Forecast – Scenario Three - Enhanced Asset Investment – Three (3) Years SRV” in the Long Term Financial Plan, namely 18% (including rate-peg) in 2024/25, 13% (including rate peg) in 2025/26, and 8% (including rate peg) in 2026/27. For: Clr Findley, Clr D'Ath and Clr Christen Against: Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray lost |
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Clr Christen raised a Point of Order against Clr Ell for bringing Council into disrepute. The Mayor ruled as a Point of Order and asked Clr Ell to apologise for bringing Council into disrepute and to retract his comments. Clr Ell to apologise unreservedly for his comments. Clr Ell apologised. Mayor Findley raised a Point of Order against Clr Ell. The Mayor ruled as a Point of Order and asked Clr Ell to withdraw his comments and apologise unreservedly for bringing the Mayor into disrepute. Clr Ell withdrew his comments and apologised. |
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Foreshadowed Motion (Clr Wells / Clr White) That Council: - 1. Note the actions taken to effect the Council resolution of 20th November (MIN23.667) to undertake community consultation with respect to 3 options for a possible Special Rate Variation. 2. Lodge an application with the Independent Pricing and Regulatory Tribunal for Special Variation over the next four years as follows: Year 24/25 8% (including rate peg) Year 25/26 6% (including rate peg) Year 26/27 6% (including rate peg) Year 27/28 6% (including rate peg) 3. The CEO implement points 4 to 16 included in this recommendation immediately and any other strategies the CEO identifies in financial review of current operations of the Council. 4. Establish immediately a Councillor Budget Review Panel. as follows: - a. Panel membership to consist of: - i. Nominated Councillors ii. CEO and Executive Staff iii. Engagement of Independent Advisor as required. b. to regularly monitor and provide advice to the Council on LTFP, Budget implementation, adjustment or amendments including operational programs and capital projects, Efficiencies, quarterly reviews, property sales and other financial issues as required. The Panel to be established and reported to Council by 28th February 2024. c. The Panel to focus on the integrity of information reporting systems. d. Reports and recommendations from the Panel to be reported to Council. 5. Apply Financial Efficiencies and savings in the organisation commencing immediately and ongoing over the next four years. A report is to be provided to the Council every quarter to outline efficiencies and savings. Savings Target of $5 million per year. i.e. Motor fleet, Outdoor Staff precinct model back to basic. 6. Consider placing a staffing freeze on all recruitment positions except where the EMT determines whether the position is required or to be filled by internal recruitment to provide a career path for existing staff. There will be no redundancies. 7. Working capital budget in financial years 2023/24, 24/25 and 25/26 to be capped at $120Million depending on available grant fundings. 8. Councils Commercial Undertakings and Services to be reviewed to a conservative return on capital of at least 10% or 5% on selected asset classes where there is clear additional social, or community benefit and this benefit is stated as a note in the financial statements. 9. The under-performing or excess assets should be disposed of, commencing immediately, The Budget review panel to assess and recommendations from the Panel to be reported to Council. 10. No annual revotes/carry forwards unless approved by Council and should not represent more than $10 million of the capital works/renewals budget for the previous year. Secured grant funding projects to take priority in any approved revotes/carry forwards. A Project Manager to design a Project Plan to significantly reduce the carry-overs of capital works/recurrent projects each year. 11. Councillors assume a greater political discipline in the nomination of priority projects, putting forward additional unfunded projects and calling for reports and investigations which may jeopardise existing priority projects and the Council’s financial position. The Community Strategic Plan, Delivery Program and Annual Operational Plan are the avenues whereby councillors can define their priorities. 12. Every new expenditure proposal to be accompanied by an assessment of impact on the Long-Term Financial Plan prior to the Council considering the proposal – in particular the consideration of whole of life costs, both capital and recurrent. 13. That the Council implement a well-resourced asset management process and a proficient road pavement management system as a matter of high priority. 14. Capital projects to be placed on hold and identified into-redundant for future years once the financial position of the Council improves. Projects to be identified but-redundant include but may not be limited to: a. Consideration of the new Sanctuary Point Library facilities. Urgent meeting be held with Fiona Phillips MP, Liza Bulter MP, available Councillors, staff to discuss the way forward including the scope and budget for the project. b. Boongaree consider reduction in scope; Bay and Basin Leisure Centre Expansion project; BMX/Pump track projects. c. Review of Projects by the Budget review Panel and reported to Council. 15. That Council focus on Assets renewal and rehabilitation with transitioning the organisations priority to fixing and maintaining assets over next 3 to 4 years. 16. All recommendations in the AEC Report not referred to above be further considered by Council. 17. Prepare to return the CBD Revitalisation funds of $1.8 MIL to the general fund and prepare future budgets with no allocation to the Committee. For: Clr Boyd, Clr Norris, Clr Kotlash, Clr White, Clr Wells and Clr Watson Against: Clr Findley, Clr D'Ath, Clr Copley, Clr Ell, Clr Christen, Clr Kitchener and Clr Gray lost |
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This item was reintroduced see MIN24.42. |
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Pursuant to Section 10A(4) the public were invited to make representation to the meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed.
No members of the public made representations.
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RESOLVED (Clr Norris / Clr Kotlash) MIN24.38
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.
CCL24.3 Tenders - Bream Beach Water Main and Naval Parade Sewer Main Relocation 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 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 |
The meeting moved into confidential the time being 9.21pm.
Report from confidential session
The following resolutions of the meeting, whilst closed to the public, were made public.
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CCL24.3 Tenders - Bream Beach Water Main and Naval Parade Sewer Main Relocation |
HPERM Ref: D24/12752 |
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That 1. Council endorses the recommendation of the Tender Evaluation Panel and accepts the Tender from Hisway Pty Ltd for Bream Beach Water Main & Naval Parade Sewer Main Relocations for a total cost of $2,262,161.00 (including 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 (Executive Manager Shoalhaven Water). |
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The meeting moved into open session, the time being 9.22pm.
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Procedural Motion - Bring Item Forward |
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RESOLVED (Clr Gray / Clr Findley) MIN24.40 That the matter of item CL24.25 - Notice of Motion - Investigate the Potential Re-zoning and/or Sale and/or Future use for Muir House Berry be brought forward for consideration. 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 |
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CL24.25 Notice of Motion - Investigate the Potential Re-zoning and/or Sale and/or Future use for Muir House Berry |
HPERM Ref: D24/13905 |
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Recommendation That Council 1. Commence investigations of “Muir House” (Lot 1 in DP 572830) with regards to options for: a. Seeking alternative premises for the current tenant and their future needs; b. Potential planning proposal to reclassify the land from Community to Operational classification and Rezoning of the land from RE1 (Public Recreation) to R2 (Low Density Residential) or suitable alternative zoning; c. Obtaining a valuation with regards to proposed future zone and use. 2. Receive a future report detailing the outcome of these investigations. |
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RESOLVED (Clr Gray / Clr Norris) MIN24.41 That Council 1. Commence investigations of “Muir House” (Lot 1 in DP 572830) with regards to options for: a. Seeking alternative premises for the current tenant and their future needs; b. Potential planning proposal to reclassify the land from Community to Operational classification and Rezoning of the land from RE1 (Public Recreation) to R2 (Low Density Residential) or suitable alternative zoning; c. Obtaining a valuation with regards to proposed future zone and use. 2. Receive a future report detailing the outcome of these investigations. 3. Undertake community engagement prior to investigations. For: Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Ell, Clr Christen and Clr Gray Against: Clr Copley, Clr White, Clr Wells, Clr Watson and Clr Kitchener |
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Procedural Motion - Adjournment of Meeting |
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RESOLVED (Clr Findley) MIN24.42 That the meeting be adjourned until 5.30pm, Tuesday 30 January 2024 for matters CL24.20 - Application to Lodge a Special Rate Variation and CL24.21 - Adoption of 2022-2026 Revised Resourcing Strategy, items to be reintroduced for debate and decision. |
The meeting reconvened, the time being 5.30pm, Tuesday 30 January 2024.
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
Clr Patricia White
Clr John Wells
Clr Greg Watson (Remotely)
Clr Mark Kitchener
Clr Tonia Gray
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Procedural Motion - Reintroduction of Item |
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RESOLVED (Clr Christen / Clr Findley) MIN24.43 That CL24.20 – Application to Lodge a Special Rate Variation be reintroduced for further discussion. |
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HPERM Ref: D23/523500 |
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Note: A Deputation was received on this item. |
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This item was reintroduced for debate. |
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Recommendation That Council: 1. Note the actions taken to effect the Council Resolution of 20 November 2023 (MIN23.667) to undertake community consultation with respect to 3 options for a possible Special Rate Variation (the results of which are included in Report CL24.21 ‘Adoption of 2022-2026 Revised Resourcing Strategy’ on the agenda of this meeting) 2. Lodge an application with the Independent Pricing and Regulatory Tribunal for a Special Variation as outlined in Option 1 in the Long Term Financial Plan, namely a one-off permanent 32%, including rate peg, increase in total rates. |
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RESOLVED (Clr Christen / Clr Findley) MIN24.44 That: 1. Council not submit an application for a Special Rate Variation (SRV) to the Independent Pricing and Regulatory Tribunal (IPART) at this time. 2. Council continue the practice of workshops and briefings to: a. Progress and monitor the outcomes of the report prepared by AEC titled Financial Sustainability Review and dated November 2023. b. Determine and formalise ongoing budget parameters in line with principles of ongoing financial sustainability. c. Apply financial efficiencies and savings in the organisation commencing immediately and ongoing over the next four years. A report is to be provided to the Council every quarter to outline efficiencies and savings. Savings Target of $5 million per year. i.e. Motor fleet, Outdoor Staff precinct model back to basic. d. Consider placing a staffing freeze on all recruitment positions except where the EMT determines whether the position is required or to be filled by internal recruitment to provide a career path for existing staff. There will be no redundancies. e. Cap the capital budget in financial years 2023/24, 24/25 and 25/26 at $120 million depending on available grant fundings. f. Review Council’s Commercial Undertakings and Services to a conservative return on capital of at least 10% or 5% on selected asset classes where there is clear additional social, or community benefit and this benefit is stated as a note in the financial statements. g. Dispose of the under-performing or excess assets, commencing immediately. h. Substantially reduce annual revotes/carry forwards unless approved by Council and should not represent more than $10 million of the capital works/renewals budget for the previous year. Secured grant funding projects to take priority in any approved revotes/carry forwards. A Project Manager to design a project plan to significantly reduce the carry-overs of capital works/recurrent projects each year. 3. The budget review committee be stood up, a terms of reference be developed and recommendations from the committee to be reported to Council. 4. Councillors assume a greater political discipline in the nomination of priority projects, not putting forward additional unfunded projects and calling for reports and investigations which may jeopardise existing priority projects and the Council’s financial position. The Community Strategic Plan, Delivery Program and Annual Operational Plan are the avenues whereby councillors can define their priorities. 5. Every new expenditure proposal to be accompanied by an assessment of impact on the Long-Term Financial Plan prior to the Council considering the proposal – in particular the consideration of whole of life costs, both capital and recurrent. 6. Council implement a well-resourced asset management process and a proficient road pavement management system as a matter of high priority. 7. Capital projects to be placed on hold and identified into-redundant for future years once the financial position of the Council improves. Projects to be identified into-redundant include but may not be limited to: a. Consideration of the new Sanctuary Point Library facilities. i. Following the workshops and briefings, an urgent meeting be held with Fiona Phillips MP, Liza Butler MP, available Councillors, staff to discuss the way forward including the scope and budget for the project. b. Boongaree; Bay and Basin Leisure Centre Expansion; BMX/Pump track projects. c. Focus on assets renewal and rehabilitation with transitioning the organisations priority to fixing and maintaining assets over next 3 to 4 years. 8. Councillors assume greater financial discipline in nominating projects on an as needs basis, accompanied by a business case including assessment of whole of life cycle costs, both initial capital and recurrent operational and maintenance. 9. Council prioritise the assessment and disposal of underperforming assets to continue on while there is work going on the briefing. 10. Council prioritise the progression of a Project Management Office, and Asset Management Framework review to ensure clear asset maintenance and management priorities. 11. In conjunction with the executive staff, Council review the capital works program and give priority to asset renewal and rehabilitation. 12. Council directs the CEO to pursue actions 1(b) to 27, as appearing on pages 6 to 9 inclusive of the report prepared by AEC titled Financial Sustainability Review and dated November 2023. 13. Council acknowledge that the discussion of rates within the community has had a negative impact on staff within the organisation and it is not the Council’s intention to see job losses. 14. Council support the staff to respond appropriately to abuse and harassment and request that any incidents be reported under the organisation’s Zero Tolerance approach. 15. Council staff provide a monthly report back to Council on all of the above matters. 16. Council expresses its thanks to the community in the next rates notice for its patience during this process. 17. Council expresses its thanks to staff during this process. For: Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against: Clr Copley |
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CL24.22 Post-Exhibition Report: Planning Proposal to facilitate a Transitional Group Home at 100 St Vincent Street, Ulladulla |
HPERM Ref: D23/493745 |
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Item dealt with earlier in the meeting see MIN24.36.
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Items marked with an * were resolved ‘en block’.
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CL24.23 Classification of Land - Lot 2 DP 538290, 80 Railway Street Bomaderry |
HPERM Ref: D24/7529 |
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RESOLVED* (Clr Kotlash / Clr White) MIN24.45 That Council classify the land described as Lot 2 DP 538290, 80 Railway Street Bomaderry, as Operational Land within the meaning 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 |
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CL24.24 Tenders - Bream Beach Water Main & Naval Parade Sewer Main Relocations |
HPERM Ref: D24/12436 |
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RESOLVED* (Clr Kotlash / Clr White) MIN24.46 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 |
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Notices of Motion / Questions on Notice
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CL24.25 Notice of Motion - Investigate the Potential Re-zoning and/or Sale and/or Future use for Muir House Berry |
HPERM Ref: D24/13905 |
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Item dealt with earlier in the meeting see MIN24.40.
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There being no further business, the meeting concluded, the time being 6.59pm on Tuesday, 30 January 2024.
Clr Findley
CHAIRPERSON