Minutes of the Ordinary Meeting

Meeting Date:     Monday, 12 August 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 (Remotely)

Clr Greg Watson

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.

Apologies

An apology was received from Clr Kitchener for this meeting.

Confirmation of the Minutes

RESOLVED (Clr Norris / Clr Kotlash)                                                         MIN24.418

That the Minutes of the Ordinary Meeting held on Monday 29 July 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 and Clr Gray

Against:    Nil

CARRIED

Declaration of Interests

Nil

PRESENTATION OF PETITION

Presentation of Petitions

Clr Ell tabled a petition containing 698 signatures which reads: To the Mayor, Councillors and Chief Executive Officer of Shoalhaven City Council. We the undersigned support the construction of the new Amenities Facility at Bill Andriske Oval, Mollymook Beach. We note the current unacceptable state of the existing amenities at Bill Andriske Oval, including the lack of appropriate facilities for female players, and the grant received by the Milton Ulladulla Rugby League Football Club, supported by Shoalhaven City Council, to fund the construction of new changerooms, toilets and accessible facilities for players and visitors to the Oval. We the undersigned support the Milton Ulladulla Rugby League Football Club and call on Shoalhaven City Council to support and assist the Milton Ulladulla Rugby League Football Club construct the new amenities block to provide safe, adequate facilities for male and female players and visitors.

Clr Copley tabled a petition containing 571 signatures which reads: We the undersigned, strongly support Bomaderry Nowra Lions in their quest to secure the unoccupied buildings at Thurgate Oval, Bomaderry which is owned by Shoalhaven City Council. Bomaderry Nowra Lions has been requesting assistance from Shoalhaven City Council for over 7 years to gain a place for storage of their catering caravan, truck and other items required by the Lions Club to conduct their routine business to support the valued community of Shoalhaven.

Mayoral Minute

MM24.28    Mayoral Minute - Outgoing Mayor Farewell and Thank You	HPERM Ref: D24/294441
Note: A deputation was received on this item.
Recommendation That Council notes the below expression of appreciation from outgoing Mayor, Amanda Findley.
RESOLVED (Clr Findley / Clr Christen)                                                                               MIN24.419 That Council notes the below expression of appreciation from outgoing Mayor, Amanda Findley. For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson and Clr Gray Against:    Nil CARRIED

MM24.29    Mayoral Minute - Caps on Short Term Rental Accommodation in New Residential Subdivisions	HPERM Ref: D24/305268
Recommendation That Council: 1.    Strongly request the NSW Government to release the detail of their proposed new Short-Term Rental Accommodation (STRA) regulatory framework for NSW as soon as possible to enable Council to better manage STRA in Shoalhaven within a known and agreed framework; and 2.    Consider applying a cap of zero days for whole homes and a hosted cap of 180 days in all new significant residential subdivisions and rezoning areas within the City as part of any response to the new STRA regulatory framework, to ensure their use primarily as homes and still provide opportunities for residents who also wish to rent a room on the short-term market.
Motion (Clr Findley / Clr Christen) That That Council: 1.    Strongly request the NSW Government to release the detail of their proposed new Short-Term Rental Accommodation (STRA) regulatory framework for NSW as soon as possible to enable Council to better manage STRA in Shoalhaven within a known and agreed framework; and 2.    Consider applying a cap of zero days for whole homes and a hosted cap of 180 days in all new significant residential subdivisions and rezoning areas within the City as part of any response to the new STRA regulatory framework, to ensure their use primarily as homes and still provide opportunities for residents who also wish to rent a room on the short-term market.
RESOLVED (Clr Gray / Clr Findley)                                                            MIN24.420 That the matter of item MM24.29 - Mayoral Minute - Caps on Short Term Rental Accommodation in New Residential Subdivisions be deferred until after deputations are heard. For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson and Clr Gray Against:    Nil CARRIED Item dealt with later in the meeting see MIN24.433.

MM24.30    Mayoral Minute - Condolence Motion Charlie Quinn, Brooke Sorlie and Aaron French	HPERM Ref: D24/320697
Recommendation That Council notes the tragic passing of Ms Charlie Quinn, Ms Brooke Sorlie and Mr Aaron French who lost their lives in a horror car crash on Sunday 28 July 2024 at Tarago.
RESOLVED (Clr Findley / Clr Copley)                                                                                  MIN24.421 That Council notes the tragic passing of Ms Charlie Quinn, Ms Brooke Sorlie and Mr Aaron French who lost their lives in a horror car crash on Sunday 28 July 2024 at Tarago. For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson and Clr Gray Against:    Nil CARRIED

MM24.31    Mayoral Minute - Condolence Motion - Terry Snow AM	HPERM Ref: D24/325184
Recommendation That Council notes the passing of Mr Terry Snow AM, acknowledges his significant contribution to the Shoalhaven with the Willinga Park development and expresses condolences to his wife Ginette, their children Scarlett, Tom, Georgina and Stephen and their extended family.
RESOLVED (Clr Findley / Clr Ell)                                                                                         MIN24.422 That Council notes the passing of Mr Terry Snow AM, acknowledges his significant contribution to the Shoalhaven with the Willinga Park development and expresses condolences to his wife Ginette, their children Scarlett, Tom, Georgina and Stephen and their extended family. For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson and Clr Gray Against:    Nil CARRIED

Procedural Motion

RESOLVED (Clr Findley / Clr Christen)                                                      MIN24.423

That deputations strictly adhere to a 5 minute time limit for deputations, with no extensions to be permitted and to move the Call Over of the Business Paper prior to the Deputations.

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

Against:    Nil

CARRIED

Call Over of the Business Paper

Call Over of Business Paper - En block

RESOLVED (Clr Wells / Clr White)                                                             MIN24.424

That the following item from City Performance Directorate be resolved en block:

· CL24.236 - Ongoing Register of Pecuniary Interest Returns - July 2024

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 and Clr Gray

Against:    Nil

CARRIED

Call Over of Business Paper - En block

RESOLVED (Clr White / Clr Copley)                                                           MIN24.425

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

· CL24.239 - New Land Use Planning Scheme (Stage 1): Shoalhaven Affordable Housing Strategy - Proposed Finalisation

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 and Clr Gray

Against:    Nil

CARRIED

Call Over of Business Paper - En block

RESOLVED (Clr Norris / Clr Wells)                                                             MIN24.426

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

· CL24.243 - Proposed Road Closure & Sale - Unformed Council Road Adjoining Lot 114 DP 1228280 Clifford Close, Mollymook Beach

· CL24.244 - Local Government Road Safety Program 2024/2025 - Approved Projects - TfNSW Funding Assistance

· CL24.245 - Tenders - Construction of Industrial Estate - Flinders Stage 11 - South 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 and Clr Gray

Against:    Nil

CARRIED

Call Over of Business Paper - En block

RESOLVED (Clr White / Clr Kotlash)                                                          MIN24.427

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

· CL24.249 - DA2024/1564 - 52 Horizon Crescent VINCENTIA - Lot 1414 DP 1231370

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 and Clr Gray

Against:    Nil

CARRIED

Call Over of Business Paper - En block

RESOLVED (Clr Copley / Clr Gray)                                                            MIN24.428

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

· CL24.251 - Request for Plaques and Memorials

· CL24.252 - Shoalhaven Sports Board - Member Resignations

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 and Clr Gray

Against:    Nil

CARRIED

Call Over of Business Paper - En block

RESOLVED (Clr Wells / Clr Copley)                                                           MIN24.429

That the following items from Shoalhaven Water be resolved en block:

· CL24.253 - Tenders - Various Water Mains Replacement Package 1 FY24-25

· CL24.254 - Tenders - Various Water Mains Replacement Package 2 FY24-25

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 and Clr Gray

Against:    Nil

CARRIED

Introduction of Items as Matters of Urgency

RESOLVED (Clr White / Clr Gray)                                                              MIN24.430

That the following addendum report be introduced as matters of urgency and be brought forward for consideration:

· CL24.264 Investment Report - July 2024

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

CL24.264   Investment Report - July 2024	HPERM Ref: D24/328889
Recommendation That Council: 1.    Receive the Record of Investments for the period to 31 July 2024. 2.    Note that Council’s total Investment Portfolio returned 5.13% per annum for the month of July 2024, outperforming the benchmark AusBond Bank Bill Index (4.49% pa) by sixty-four basis points (0.64%).
RESOLVED (Clr White / Clr Christen)                                                                                  MIN24.431 That Council: 1.    Receive the Record of Investments for the period to 31 July 2024. 2.    Note that Council’s total Investment Portfolio returned 5.13% per annum for the month of July 2024, outperforming the benchmark AusBond Bank Bill Index (4.49% pa) by sixty-four basis points (0.64%). For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson and Clr Gray Against:    Nil CARRIED

Deputations and Presentations

MM24.28 - Mayoral Minute - Outgoing Mayor Farewell and Thank You

Ms Debbie Killian addressed the meeting to speak FOR the recommendation

MM24.29 - Mayoral Minute - Caps on Short Term Rental Accommodation in New Residential Subdivisions

Ms Laurelle Paton addressed the meeting to speak AGAINST the recommendation

CL24.240 - Proposed Finalisation of Works in Kind Agreement Negotiations - Associated with Subdivision at 70 Hillcrest Avenue, South Nowra (SF10525)

Mr James Harris addressed the meeting on behalf of Gobbo Holdings to speak AGAINST the recommendation

CL24.209 - Notice of Motion - Tourist Cabins

Mr Stuart Coughlan & Ms Sarah Waddell addressed the meeting on behalf of the Berry Forum to speak FOR the recommendation

CL24.255 - Rescission Motion - CL24.223 Narrawallee Beach Dog Access - Review of Environmental Factors and Proposed Permanent Dog Access Arrangements - Outcome of Engagement Activity

Ms Lisa Martin addressed the meeting to speak FOR the recommendation

CL24.258 - Notice of Motion - Milton Ulladulla Bulldogs Rugby League Football Club

Ms Sally Stewart addressed the meeting to speak FOR the recommendation

CL24.259 - Notice of Motion - Request for an EOI Process Regarding the Lease of the Building on Lot 21 Sec 27 DP2886, Bomaderry, Known as Thurgate Oval

Ms Suzanne Hammond-Warne and Mr Bill McEwin addressed the meeting on behalf of the Bomaderry Nowra Lions Club to speak FOR the recommendation

Ms Kylie Knight addressed the meeting to speak AGAINST the recommendation

CL24.260 - Notice of Motion - Nowra Croquet Club

Mr Doug Cornish addressed the meeting on behalf of the Nowra Croquet Club to speak FOR the recommendation

CL24.262 - Notice of Motion - Moratorium on Development That Not Supported by Contemporary Studies

Ms Rebecca Sleath addressed the meeting on behalf of Culburra Residents and Ratepayers Action Group to speak FOR the recommendation

CL24.261 - Notice of Motion - Aboriginal Cultural Heritage

Mr Ronald Carberry addressed the meeting to speak AGAINST the recommendation

Mr Alfred Wellington addressed the meeting to speak FOR the recommendation

Note: The meeting adjourned, the time being 8:00pm.

Note: The meeting reconvened, the time being 8:10pm.

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 (Remotely)

Clr Greg Watson

Clr Tonia Gray

Procedural Motion - Bring Item Forward

RESOLVED (Clr Norris / Clr Ell)                                                                 MIN24.432

That the items which received a deputation be brought forward for consideration and to reintroduce MM24.29 Mayoral Minute - Caps on Short Term Rental Accommodation in New Residential Subdivisions for debate and resolution.

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

Against:    Nil

CARRIED

MM24.29    Mayoral Minute - Caps on Short Term Rental Accommodation in New Residential Subdivisions	HPERM Ref: D24/305268
Note: A deputation was received on this item. Note: A Recission Motion was received on this item.
Recommendation That Council: 1.    Strongly request the NSW Government to release the detail of their proposed new Short-Term Rental Accommodation (STRA) regulatory framework for NSW as soon as possible to enable Council to better manage STRA in Shoalhaven within a known and agreed framework; and 2.    Consider applying a cap of zero days for whole homes and a hosted cap of 180 days in all new significant residential subdivisions and rezoning areas within the City as part of any response to the new STRA regulatory framework, to ensure their use primarily as homes and still provide opportunities for residents who also wish to rent a room on the short-term market.
Motion (Clr Findley / Clr Christen) That Council: 1.    Strongly request the NSW Government to release the detail of their proposed new Short-Term Rental Accommodation (STRA) regulatory framework for NSW as soon as possible to enable Council to better manage STRA in Shoalhaven within a known and agreed framework; and 2.    Consider applying a cap of zero days for whole homes and a hosted cap of 180 days in all new significant residential subdivisions and rezoning areas within the City as part of any response to the new STRA regulatory framework, to ensure their use primarily as homes and still provide opportunities for residents who also wish to rent a room on the short-term market.
Procedural Motion (Clr Gray / Clr Findley) That the Motion be put. For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell and Clr Gray Against:    Clr Christen, Clr White, Clr Wells and Clr Watson CARRIED
RESOLVED (Clr Findley / Clr Christen)                                                                               MIN24.433 That Council: 1.    Strongly request the NSW Government to release the detail of their proposed new Short-Term Rental Accommodation (STRA) regulatory framework for NSW as soon as possible to enable Council to better manage STRA in Shoalhaven within a known and agreed framework; and 2.    Consider applying a cap of zero days for whole homes and a hosted cap of 180 days in all new significant residential subdivisions and rezoning areas within the City as part of any response to the new STRA regulatory framework, to ensure their use primarily as homes and still provide opportunities for residents who also wish to rent a room on the short-term market. For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Christen and Clr Gray Against:    Clr Kotlash, Clr Copley, Clr Ell, Clr White, Clr Wells and Clr Watson CARRIED ON THE CASTING VOTE OF THE CHAIR

CL24.240   Proposed Finalisation of Works in Kind Agreement Negotiations - Associated with Subdivision at 70 Hillcrest Avenue, South Nowra (SF10525)	HPERM Ref: D24/283134
Note: A deputation was received on this item.
Recommendation That Council: 1.    Endorse the discontinuation of negotiations relating to the proposed Works in Kind Agreement (WIKA) at 70 Hillcrest Avenue, South Nowra, if the developer does not agree to the terms of the final statement of what Council is willing to accept (Attachment 1) within the timeframe prescribed, and provide delegation to the Chief Executive Officer or her delegate to discontinue negotiations without entering into the WIKA 2.    If the developer is agreeable to the terms of the final statement of what Council is willing to accept (Attachment 1), endorse the finalisation of the agreement as soon as practicable and provide delegation to the Chief Executive Officer or her delegate to do so.  3.    Advise the relevant party of this decision.
RESOLVED (Clr White / Clr Wells)                                                                                       MIN24.434 That Council defer this matter to a briefing of the newly elected Council and receive a future report back following the briefing. For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson and Clr Gray Against:    Nil CARRIED

CL24.241   Proposed Finalisation - Works in Kind Agreement Negotiations - Associated with Subdivision at St Georges Basin (SF9847)	HPERM Ref: D24/286087
Recommendation That Council: 1.    Endorse the discontinuation of negotiations relating to the proposed Works in Kind Agreement (WIKA) at St Georges Basin (Lot 68 & 69 DP 25550 and Lot 4 DP 785956, Anson Street and Old Wool Road), if the developer does not agree to the terms of the final statement of what Council is willing to accept (Attachment 1) within the timeframe prescribed, and provide delegation to the Chief Executive Officer or her delegate to discontinue negotiations without entering into the WIKA. 2.    If the developer is agreeable to the terms of the final statement of what Council is willing to accept (Attachment 1), endorse the finalisation of the agreement as soon as practicable and provide delegation to the Chief Executive Officer or her delegate to do so.   3.    Advise the relevant party of this decision.
RESOLVED (Clr White / Clr Wells)                                                                                       MIN24.435 That Council defer this matter to a briefing of the newly elected Council and receive a future report back following the briefing. For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson and Clr Gray Against:    Nil CARRIED

CL24.209   Notice of Motion - Tourist Cabins	HPERM Ref: D24/279836
Note: A deputation was received on this item.
Recommendation That Council receive a report back that covers: 1.    The interplay between the current ‘Tourist and Visitor Accommodation’ provisions contained in the Shoalhaven Local Environmental Plan 2014 and Shoalhaven Development Control Plan 2014 and the Agri-tourism related planning reforms that have been implemented at the NSW Government level through State Environmental Planning Policies including use by proponents of the innominate term ‘tourist cabins’ in rural areas as opposed to ‘farm stay accommodation’; 2.    Community issues/concerns or compliance matters that have emerged in rural areas including in the Berry and Kangaroo Valley areas such as regarding: a.    lack of control over development of tourist accommodation and function centres; b.    protection of rural amenity and landscapes from inappropriate development; 3.    Noting that the decision at lodgement of a development application requires characterisation by the applicant, Council makes every effort to consider the definition of Farm Stay Accommodation as part of characterisation for assessment purposes where an application for Tourist Cabins is lodged in RU1 or RU2 land.
RESOLVED (Clr Gray / Clr Boyd)                                                                                         MIN24.436 That Council receive a priority report back that covers: 1. Pre-lodgement discussions for staff to check if the land is a commercial farm (Farmland or used for Primary Production). a. If the land is a commercial farm, staff advise the applicant that the Agritourism provisions apply, and cabins should be characterised using the LEP term Farm Stay Accommodation. i. If the applicant ignores this advice, staff are to formally advise the applicant during assessment that cabins will be assessed as farm stay accommodation not the innominate term tourist cabin. For:            Clr D'Ath, Clr Boyd, Clr Norris, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson and Clr Gray Against:    Clr Findley and Clr Kotlash CARRIED

CL24.255   Rescission Motion - CL24.223 Narrawallee Beach Dog Access - Review of Environmental Factors and Proposed Permanent Dog Access Arrangements - Outcome of Engagement Activity	HPERM Ref: D24/320723
Note: A deputation was received on this item.
Recommendation That Council rescind the Motion relating to Item CL24.223 Narrawallee Beach Dog Access - Review of Environmental Factors and Proposed Permanent Dog Access Arrangements - Outcome of Engagement Activity of the Council Meeting held on Monday 29 July 2024.
motion (Clr White / Clr Wells)                                                                                            MIN24.437 That Council rescind the Motion relating to Item CL24.223 Narrawallee Beach Dog Access - Review of Environmental Factors and Proposed Permanent Dog Access Arrangements - Outcome of Engagement Activity of the Council Meeting held on Monday 29 July 2024. For:            Clr Copley, Clr Ell, Clr White, Clr Wells and Clr Watson Against:    Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Christen and Clr Gray LOST

CL24.258   Notice of Motion - Milton Ulladulla Bulldogs Rugby League Football Club	HPERM Ref: D24/322454
Note: A deputation was received on this item.
Recommendation That Council: 1. Notes that the Milton Ulladulla Bulldogs Rugby League Football Club has been successful in obtaining a $510,000 grant under Round 4 of the Stronger Country Communities Fund (SCCF) in 2022; 2. Notes Shoalhaven City Council provided support to the proposed project as part of the application; 3. Notes that delays to the project could result in the Milton Ulladulla Bulldogs Rugby League Football Club having to return funding to the NSW Government; 4. Notes the unacceptable condition of the current amenities at Bill Andriske Oval and the current and potential work, health and safety risks posed to players and members of the community; 5. Exempt the Milton Ulladulla Bulldogs Rugby League Football Club from the provisions of Council resolutions MIN23.667 [part 3 (b) and (c)] and MIN24.44 [part 5] to allow the construction of the New Amenities Block at Bill Andriske Oval, Mollymook to proceed. 6. Instruct Council Staff to immediately engage with Milton Ulladulla Bulldogs Rugby League Football Club to assist the Club progress a Development Application for the project.
RESOLVED (Clr Ell / Clr White)                                                                                           MIN24.438 That Council: 1. Notes that the Milton Ulladulla Bulldogs Rugby League Football Club has been successful in obtaining a $510,000 grant under Round 4 of the Stronger Country Communities Fund (SCCF) in 2022; 2. Notes Shoalhaven City Council provided support to the proposed project as part of the application; 3. Notes that delays to the project could result in the Milton Ulladulla Bulldogs Rugby League Football Club having to return funding to the NSW Government; 4. Notes the unacceptable condition of the current amenities at Bill Andriske Oval and the current and potential work, health and safety risks posed to players and members of the community; 5. Exempt the Milton Ulladulla Bulldogs Rugby League Football Club from the provisions of Council resolutions MIN23.667 [part 3 (b) and (c)] and MIN24.44 [part 5] to allow the construction of the New Amenities Block at Bill Andriske Oval, Mollymook to proceed. 6. Acknowledge the meeting to take place on the 19 August with the Milton Ulladulla Bulldogs Rugby league club 7. Consider a. Approving proceeding with stage 1 and 2 of the plan to allow the project to move forward to obtain engineering plans. b. Undertaking the REF and AHIP. c. Instructing the CEO to engage with the club to amend the existing DA to reflect the revised plans rather than submitting a whole new DA. For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson and Clr Gray Against:    Clr Kotlash CARRIED

Procedural Motion

RESOLVED (Clr Norris / Clr Kotlash)                                                         MIN24.439

That the meeting be extended to finish at 10:00pm.

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

Against:    Nil

CARRIED

CL24.259   Notice of Motion - Request for an EOI Process Regarding the Lease of the Building on Lot 21 Sec 27 DP2886, Bomaderry, Known as Thurgate Oval	HPERM Ref: D24/325721
Note: Deputations were received on this item.
Recommendation That Council: 1.    Direct the CEO (or her delegate) to undertake an EOI process to seek to lease the building located on Lot 21 Sec 27 DP2886, Bomaderry, known as Thurgate Oval. 2.    Consider any Development Application to be lodged by the successful lease for work within the building to bring it to a standard commensurate with its needs. 3.    Notify that the Development Application in accordance with Council’s obligations under legislation and policy. 4.    Receive a report on the outcome of the EOI process.
RESOLVED (Clr Copley / Clr Ell)                                                                                         MIN24.440 That Council: 1.    Direct the CEO (or her delegate) to undertake an EOI process to seek to lease the building located on Lot 21 Sec 27 DP2886, Bomaderry, known as Thurgate Oval. 2.    Consider any Development Application to be lodged by the successful lease for work within the building to bring it to a standard commensurate with its needs. 3.    Notify that the Development Application in accordance with Council’s obligations under legislation and policy. 4.    Receive a report on the outcome of the EOI process. For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson and Clr Gray Against:    Nil CARRIED

CL24.260   Notice of Motion - Nowra Croquet Club	HPERM Ref: D24/325920
Note: A deputation was received on this item.
Recommendation That Council resolves to: 1.    Receive and note the submission from the Nowra Croquet Club highlighting their concerns about lease negotiations. 2.    Request the CEO to include in the pending report regarding options for lease arrangements for the Nowra Croquet Club consideration of matters including but not limited to: a.    Like for like lease conditions. b.    Contributions to the Restricted Asset Account for Artie Smith Oval. c.    Financial implications of any proposals.
RESOLVED (Clr Ell / Clr Copley)                                                                                         MIN24.441 That Council resolves to: 1.    Receive and note the submission from the Nowra Croquet Club highlighting their concerns about lease negotiations. 2.    Request the CEO to include in the pending report regarding options for lease arrangements for the Nowra Croquet Club consideration of matters including but not limited to: a.    Like for like lease conditions. b.    Contributions to the Restricted Asset Account for Artie Smith Oval. c.    Financial implications of any proposals. For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Watson and Clr Gray Against:    Clr Kotlash and Clr Wells CARRIED

CL24.261   Notice of Motion - Aboriginal Cultural Heritage	HPERM Ref: D24/326085
Note: Deputations were received on this item.
Recommendation That Council: 1.    Supports in principle the Jerrinja Local Aboriginal Land Council's Ministerial dated Friday 26 July 2024, requesting a moratorium on Sealark's proposed development at West Culburra. 2.    Write to NSW Department of Environment and Heritage and recommend that the Aboriginal Heritage Impact Permit (AHIP) granted to Sealark for Lot 1 East Crescent Culburra Beach be revoked as requested by JLALC on 7 May 2021. 3.    Request that Sealark cease their development proposal on Lot 1 East Crescent and return the Significant Cultural Material excavated and removed through the AHIP process, from Lot 1 East Crescent to the site as requested by JLALC. Under Jerrinja lore, these 19,000 plus artefacts which have been dated by expert archaeologists to between 5,000 and 10,000 years - older than the pyramids - should never have been removed and must be returned and retained in situ.
RESOLVED (Clr Kotlash / Clr Norris)                                                                                   MIN24.442 That Council: 1.    Supports in principle the Jerrinja Local Aboriginal Land Council's Ministerial dated Friday 26 July 2024, requesting a moratorium on Sealark's proposed development at West Culburra. 2.    Write to NSW Department of Environment and Heritage and recommend that the Aboriginal Heritage Impact Permit (AHIP) granted to Sealark for Lot 1 East Crescent Culburra Beach be revoked as requested by JLALC on 7 May 2021. 3.    Request that Sealark cease their development proposal on Lot 1 East Crescent and return the Significant Cultural Material excavated and removed through the AHIP process, from Lot 1 East Crescent to the site as requested by JLALC. Under Jerrinja lore, these 19,000 plus artefacts which have been dated by expert archaeologists to between 5,000 and 10,000 years - older than the pyramids - should never have been removed and must be returned and retained in situ. For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Christen and Clr Gray Against:    Clr Copley, Clr Ell, Clr White, Clr Wells and Clr Watson CARRIED

CL24.262   Notice of Motion - Moratorium on Development That Not Supported by Contemporary Studies	HPERM Ref: D24/326171
Note: A deputation was received on this item. Note: A Recission Motion was received on this item.
Recommendation That Council requests the NSW Government to place a moratorium on the development of land that is not supported by contemporary studies on biodiversity (post 2019/20 bushfires) and indigenous cultural heritage, as an application of the Precautionary principle, pending the completion of the NSW Parliamentary Inquiry into historical development consents in NSW (Zombie DA’s) and the NSW Government's response to it.
RESOLVED (Clr Christen / Clr Gray)                                                                                   MIN24.443 That Council requests the NSW Government to place a moratorium on the development of land that is not supported by contemporary studies on biodiversity (post 2019/20 bushfires) and indigenous cultural heritage, as an application of the Precautionary principle, pending the completion of the NSW Parliamentary Inquiry into historical development consents in NSW (Zombie DA’s) and the NSW Government's response to it. For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Christen and Clr Gray Against:    Clr Kotlash, Clr Copley, Clr Ell, Clr White, Clr Wells and Clr Watson CARRIED on the CASTING VOTE of the chair

Procedural Motion - Bring Item Forward

RESOLVED (Clr Wells / Clr White)                                                             MIN24.444

That the matter of item CL24.257 - Notice of Motion - Clr Greg Watson - 50 Years' Service Acknowledgement 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 and Clr Gray

Against:    Nil

CARRIED

CL24.257   Notice of Motion - Clr Greg Watson - 50 Years' Service Acknowledgement	HPERM Ref: D24/325665
Recommendation That Council: 1.    Formally resolve to acknowledge the dedicated and significant service the Emeritus Councillor and Mayor Greg Watson has contributed to the Shire and City of Shoalhaven over the 50-year period 1974 to 2024. 2.    Extends its thanks to Clr Watson and wishes him a long and happy retirement, with his wife Robyn.
RESOLVED (Clr White / Clr Wells)                                                                                       MIN24.445 That Council: 1. Formally resolve to acknowledge the dedicated and significant service the Emeritus Councillor and Mayor Greg Watson has contributed to the Shire and City of Shoalhaven over the 50-year period 1974 to 2024. 2. Extends its thanks to Clr Watson and wishes him a long and happy retirement, with his wife Robyn. For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson and Clr Gray Against:    Nil CARRIED

Procedural Motion - Adjournment of Meeting

RESOLVED (Clr Findley)                                                                            MIN24.446

That the meeting be adjourned until Thursday 15 August 2024, at 5:00pm.

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

Against:    Nil

CARRIED

The meeting adjourned, the time being 9.58pm

The meeting reconvened Thursday, 15 August 2024 at 5.00pm.

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

Clr Mark Kitchener

Clr Tonia Gray

Report of the Aboriginal Advisory Committee - 30 July 2024

AA24.6       Adoption of a Standard Acknowledgement of Country for Council	HPERM Ref: D24/272592
Recommendation That Council as supported and endorsed by the Aboriginal Advisory Committee: 1.    Support and endorse the Acknowledgement of Country developed by Aboriginal staff as the standard written Acknowledgment that Council utilises: Walawaani (welcome), Shoalhaven City Council recognises the First Peoples of the Shoalhaven and their ongoing connection to culture and country. We acknowledge Aboriginal people as the Traditional Owners, Custodians and Lore Keepers of the world’s oldest living culture and pay respects to their Elders past, present and emerging. Walawaani njindiwan (safe journey to you all) 2.    Include a disclaimer to advise that we acknowledge and understand there are many diverse languages spoken within the Shoalhaven and many different opinions. 3.    Support and endorse the Acknowledgement of Country to be used for the below purposes: ·    Digital and print document templates. ·    Shoalhaven City Council websites, including Shoalhaven Swim Sport and Fitness, Shoalhaven Entertainment Centre, Shoalhaven Libraries, Shoalhaven Regional Gallery, Shoalwater, Holiday Haven, Tourism, Bereavement Services (new), Councillor Portal and Get Involved pages. ·    Regular Council and Committee meeting agendas. ·    On staff email blocks 4.    Support and endorse the use of the Dhurga language within the Acknowledgement of Country.
RESOLVED (Clr Christen / Clr Gray)                                                          MIN24.447 That Council as supported and endorsed by the Aboriginal Advisory Committee: 1. Support and endorse the Acknowledgement of Country developed by Aboriginal staff as the standard written Acknowledgment that Council utilises: Walawaani (welcome), Shoalhaven City Council recognises the First Peoples of the Shoalhaven and their ongoing connection to culture and country. We acknowledge Aboriginal people as the Traditional Owners, Custodians and Lore Keepers of the world’s oldest living culture and pay respects to their Elders past, present and emerging. Walawaani njindiwan (safe journey to you all) 2. Include a disclaimer to advise that we acknowledge and understand there are many diverse languages spoken within the Shoalhaven and many different opinions. 3. Support and endorse the Acknowledgement of Country to be used for the below purposes: · Digital and print document templates. · Shoalhaven City Council websites, including Shoalhaven Swim Sport and Fitness, Shoalhaven Entertainment Centre, Shoalhaven Libraries, Shoalhaven Regional Gallery, Shoalwater, Holiday Haven, Tourism, Bereavement Services (new), Councillor Portal and Get Involved pages. · Regular Council and Committee meeting agendas. · On staff email blocks 4. Support and endorse the use of the Dhurga language within the Acknowledgement of Country. 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

CL24.235   LGNSW Annual Conference 2024 - Motions	HPERM Ref: D24/307539
Recommendation That Council endorse the motions outlined within the report for submission as the Council’s contribution to the Business Paper of the LGNSW Annual Conference 2024.
RESOLVED (Clr Christen / Clr Norris)                                                                                 MIN24.448 That Council: 1. Endorse the motions outlined within the report for submission as the Council’s contribution to the Business Paper of the LGNSW Annual Conference 2024. 2. Endorse the inclusion of an additional Motion being MIN24.317. 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’.

CL24.236   Ongoing Register of Pecuniary Interest Returns - July 2024

HPERM Ref: D24/311836

RESOLVED* (Clr Wells / Clr White)                                                                                     MIN24.449 That the report of the Chief Executive Officer regarding the Ongoing Register of Pecuniary Interest Returns lodged for the period of 1 July to 31 July 2024 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 and Clr Gray Against:    Nil CARRIED

CL24.237   Amend Southern Water Services Pty Ltd bank signatories	HPERM Ref: D24/318198
Recommendation That Council amend the authorised signatories on the Southern Water Services Pty Ltd National Australia Bank Ltd bank account as follows: 1.    Add the following staff as authorised signatories:- a.    Katie Buckman – Chief Financial Officer b.    Robyn Stevens – Chief Executive Officer c.    Damien Jenkins – Manager - Reporting & Controls d.    Mathew Badcock – Manager – Budgeting & Analysis 2.    Remove all other existing signatories from the bank account.
RESOLVED (Clr White / Clr Wells)                                                                                       MIN24.450 That Council amend the: 1. Director of the Board to be Robyn Stevens 2. The secretary of the Board to be Katie Buckman 3. Authorised signatories on the Southern Water Services Pty Ltd National Australia Bank Ltd bank account as follows: a. Add the following staff as authorised signatories:- i. Katie Buckman – Chief Financial Officer ii. Robyn Stevens – Chief Executive Officer iii. Damien Jenkins – Manager - Reporting & Controls iv. Mathew Badcock – Manager – Budgeting & Analysis 4. Remove all other existing signatories from the bank account. 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

CL24.238   Active Transport Strategy (PAMP - Bike Plan Update)	HPERM Ref: D24/219565
Recommendation That Council: 1.    Exhibit the draft documents (Active Transport Strategy 2024 – including PAMP and Bike Plan Updates) and associated Appendices, for a minimum of 30 days and delegate staff to make minor changes to prepare for exhibition as required. a.    If feedback results in no significant changes, finalise the documents and deem adopted; or b.    If significant adverse feedback is received, update the documents and report the outcomes to Council for final adoption - before December 2024. 2.    Thank Transport for NSW for collaboration and grant funding. 3.    Consider funding opportunities for adopted pathway networks, where appropriate, through the preparation of the new Contributions Plan project that is currently underway, or as part of a future plan update.
RESOLVED (Clr Christen / Clr Gray)                                                                                   MIN24.451 That Council: 1. Exhibit the draft documents (Active Transport Strategy 2024 – including PAMP and Bike Plan Updates) and associated Appendices, for a minimum of 30 days and delegate staff to make minor changes to prepare for exhibition as required. a. If feedback results in no significant changes, finalise the documents and deem adopted; or b. If significant adverse feedback is received, update the documents and report the outcomes to Council for final adoption - before December 2024. 2. Thank Transport for NSW for collaboration and grant funding. 3. Consider funding opportunities for adopted pathway networks, where appropriate, through the preparation of the new Contributions Plan project that is currently underway, or as part of a future plan update. 4. Report back on a temporary bicycle access along the gated Falls Public Rd alignment due to the safety issues associated with the Jervis Bay Road intersection works and that this temporary legal access be subject to review in any future investigations for permanent access and any environmental impacts. 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

CL24.239   New Land Use Planning Scheme (Stage 1): Shoalhaven Affordable Housing Strategy - Proposed Finalisation

HPERM Ref: D24/215667

RESOLVED* (Clr White / Clr Copley)                                                                                   MIN24.452 That Council: 1.    Adopt the draft Shoalhaven Affordable Housing Strategy with the changes recommended in Attachment 2. 2.    Delegate authority to the CEO (or delegate), to make other minor adjustments to the draft Shoalhaven Affordable Housing Strategy as required prior to final publication which do not alter the intent of the document (e.g. minor formatting, labelling of figures etc). For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson and Clr Gray Against:    Nil CARRIED

CL24.240   Proposed Finalisation of Works in Kind Agreement Negotiations - Associated with Subdivision at 70 Hillcrest Avenue, South Nowra (SF10525)	HPERM Ref: D24/283134
Item dealt with earlier in the meeting see MIN24.453.

CL24.241   Proposed Finalisation - Works in Kind Agreement Negotiations - Associated with Subdivision at St Georges Basin (SF9847)	HPERM Ref: D24/286087
Item dealt with earlier in the meeting see MIN24.435.

CL24.242   Report Back - Result of Investigations - Old Nowra Bridge Lighting Display Proposal	HPERM Ref: D24/289790
Recommendation That Council: 1.    Receive this report for information. 2.    Continue to advocate for a lighting display to be a key consideration of the State Government when finalising options for the repurposing of the Old Nowra Bridge.
RESOLVED (Clr Ell / Clr Norris)                                                                                           MIN24.454 That Council: 1. Receive this report for information. 2. Continue to advocate for a lighting display to be a key consideration of the State Government when finalising options for the repurposing of the Old Nowra Bridge. 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

CL24.243   Proposed Road Closure & Sale - Unformed Council Road Adjoining Lot 114 DP 1228280 Clifford Close, Mollymook Beach

HPERM Ref: D24/277927

RESOLVED* (Clr Norris / Clr Wells)                                                                                     MIN24.455 That Council 1.    Subject to final survey, resolves to close approximately 3999m^2of unformed road reserve known as Clifford Close, Mollymook Beach, shown in yellow on Attachment 1 (D24/282454) by notice published in the Government Gazette; 2.    Impose the conditions on the proposed road closure requested by Council’s Environmental Services Department as shown below: a.    The 88B Instrument must contain a provision that it cannot be varied, modified, or released without the consent of the relevant parties as appropriate and without the consent of the Shoalhaven City Council. b.    The covenant must stipulate that: i.     All native vegetation must be retained unless subject to a formal development application approval under the NSW Environmental Planning & Assessment Act 1995. ii.    All retained native vegetation must be declared off limits to course users. c.    Upon endorsement by Council the covenant must be registered with Land Registry Services or the appropriate land registration body at the time of registration. 3.    Impose on the registered proprietor of Lot 114 DP 1228280 the creation of the below easements: a.    Easement for underground cables and pillar 3m wide and variable width in favour of Endeavour Energy. b.    The relocation or removal of the streetlight from the road casement. c.    Easement for Drainage of Sewerage 2.4m wide. 4.    Authorise the sale of the closed road to the registered proprietor of the adjoining property being Lot 114 DP 1228280 for $5,000 plus GST (if applicable); 5.    Requires the proceeds from the sale to be allocated to the Property Reserve; 6.    Requires that the portion comprised in the road closure to be consolidated with Lot 114 DP 1228280; 7.    Requires that all costs associated with the road closure, sale and consolidation to be borne by the registered proprietor of Lots 114 DP 1228280; 8.    Delegates authority to the Chief Executive Officer (or delegate) to make minor adjustments to the purchase price, if necessary, relative to the area determined by final survey; 9.    Authorises the Chief Executive Officer (Director City Services) to sign any documentation required to give effect to this Resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed. For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson and Clr Gray Against:    Nil CARRIED

CL24.244   Local Government Road Safety Program 2024/2025 - Approved Projects - TfNSW Funding Assistance

HPERM Ref: D24/292809

RESOLVED* (Clr Norris / Clr Wells)                                                                                     MIN24.456

That Council:

1.    Accepts the grant funding offer of $83,235.56 (excluding GST) from Transport for NSW (TfNSW) comprising the following:

Road Safety Officer Employment Costs (50% of estimated costs)	$63,635.56
Pedestrian Safety	$2,000.00
On the Road 65+ workshops	$300.00
Safety around schools	$300.00
Road safety community awareness	$800.00
Plan B – Win a swag/Liquor Accord	$800.00
Slow down Kids Around – Little Blue Dinosaur	$2,500.00
Speed monitoring on local roads	$9,000.00
Child restraint checking days	$3,900.00

2.    Writes to TfNSW and the Local State Members, thanking them for the funding towards the 2024/25 Road Safety 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 and Clr Gray

Against:    Nil

CARRIED

CL24.245   Tenders - Construction of Industrial Estate - Flinders Stage 11 - South Nowra

HPERM Ref: D24/315260

RESOLVED* (Clr Norris / Clr Wells)                                                                                     MIN24.457 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 and Clr Gray Against:    Nil CARRIED

CL24.246   Tenders - Shoalhaven MRF - Supply, Install and Commission Integrated Fire Detection and Suppression System	HPERM Ref: D24/173654
Recommendation That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.
RESOLVED (Clr Wells / Clr Christen)                                                                                  MIN24.458 That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993. carried For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against:    Clr Copley and Clr Ell CARRIED

CL24.247   Tenders - Partner Consultant - Shoalhaven Roads Project	HPERM Ref: D24/312635
Recommendation That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.
RESOLVED (Clr Ell / Clr Norris)                                                                                           MIN24.459 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

CL24.248   Exemption to Tenders - Materials Recovery Facility - West Nowra Recycling and Waste Facility	HPERM Ref: D24/173820
Recommendation That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993
RESOLVED (Clr Christen / Clr Wells)                                                                                  MIN24.460 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 Christen, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray Against:    Clr Ell and Clr White CARRIED

CL24.249   DA2024/1564 - 52 Horizon Crescent VINCENTIA - Lot 1414 DP 1231370

HPERM Ref: D24/308439

RESOLVED* (Clr White / Clr Kotlash)                                                                                  MIN24.461 That Council confirm that it supports the Clause 4.6 variation of 44.18% for Lot 1 and 35.85% for Lot 2, with respect to the lot size of the proposed subdivision and approve the Development Application DA24/1526 for Torrens Title subdivision of an approved dual occupancy (attached) development at 52 Horizon Crescent VINCENTIA - Lot 1414 DP 1231370, as detailed in the draft conditions of consent (Attachment 1) to 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 and Clr Gray Against:    Nil CARRIED

CL24.224   Bay and Basin Boxing Club - Summary of Engagement Activities	HPERM Ref: D24/141566
Recommendation That Council: 1.    Accept the Bay and Basin Boxing Club: Summary of Engagement Activities report as a summary of the outcomes of engagement activities and investigations undertaken in accordance with Parts 3 and 4 of MIN23.623. 2.    Endorse Clifton Park, Sanctuary Point, as the preferred location (site) for a facility to house the Bay and Basin Boxing Club, subject to the outcome of any future Development Application and / or conditions of development consent related to a facility at Clifton Park. 3.    Direct the CEO (Director – City Lifestyles) to prepare a Project Candidate submission (including preparation of a Project Initiative and Project Mandate) for further design and investigation works related to the Bay and Basin Boxing Club’s request for a site to house a future clubhouse facility, in accordance with the requirements of Council’s enterprise Project Management Office (ePMO). 4.    Subject to the completion of processes described in Part 3 of this resolution, pause any further work related to the Bay and Basin Boxing Club’s request for a site to house a future clubhouse facility until Council’s financial position improves, in accordance with MIN23.667 and other related work being undertaken to improve Council’s financial position.
Recommendation (Clr Christen / Clr D'Ath) That Council: 1. Accept the Bay and Basin Boxing Club: Summary of Engagement Activities report as a summary of the outcomes of engagement activities and investigations undertaken in accordance with Parts 3 and 4 of MIN23.623. 2. Endorse Clifton Park, Sanctuary Point, as the preferred location (site) for a facility to house the Bay and Basin Boxing Club, subject to the outcome of any future Development Application and / or conditions of development consent related to a facility at Clifton Park. 3. Direct the CEO (Director – City Lifestyles) to prepare a Project Candidate submission (including preparation of a Project Initiative and Project Mandate) for further design and investigation works related to the Bay and Basin Boxing Club’s request for a site to house a future clubhouse facility, in accordance with the requirements of Council’s enterprise Project Management Office (ePMO). 4. Subject to the completion of processes described in Part 3 of this resolution, pause any further work related to the Bay and Basin Boxing Club’s request for a site to house a future clubhouse facility until Council’s financial position improves, in accordance with MIN23.667 and other related work being undertaken to improve Council’s financial position. For:            Clr Findley, Clr D'Ath and Clr Gray Against:    Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson and Clr Kitchener lost

CL24.250   Interim Report: Phase 1 of the Community Infrastructure Strategic Plan - Community Infrastructure Audit	HPERM Ref: D24/43298
Recommendation That Council: 1.    Receive the Interim Report: Phase 1 of the Community Infrastructure Strategic Plan - Community Infrastructure Audit report for information as an update on the progression of the following key deliverables:  a.    Draft Shoalhaven City Council Community Infrastructure Audit: 90% complete (summarised at Attachment 1); b.    Proposed Methodology – Community Infrastructure Needs Analysis (summarised at Attachment 2): 80% complete. 2.    Direct the CEO (Director – City Lifestyles) to submit a report to a future Ordinary Council Meeting on completion of the final Community Infrastructure Needs Analysis (Preliminary Draft Community Infrastructure Strategic Plan 2026-2056).
RESOLVED (Clr Christen / Clr Gray)                                                                                   MIN24.462 That Council: 1. Receive the Interim Report: Phase 1 of the Community Infrastructure Strategic Plan - Community Infrastructure Audit report for information as an update on the progression of the following key deliverables:  a. Draft Shoalhaven City Council Community Infrastructure Audit: 90% complete (summarised at Attachment 1); b. Proposed Methodology – Community Infrastructure Needs Analysis (summarised at Attachment 2): 80% complete. 2. Direct the CEO (Director – City Lifestyles) to submit a report to a future Ordinary Council Meeting on completion of the final Community Infrastructure Needs Analysis (Preliminary Draft Community Infrastructure Strategic Plan 2026-2056). 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

CL24.251   Request for Plaques and Memorials

HPERM Ref: D24/267785

RESOLVED* (Clr Copley / Clr Gray)                                                                                    MIN24.463 That Council, in accordance with the Plaques and Memorials Policy: 1.    Approve the request for a memorial plaque to be installed on an existing seat in Titania Park, Greenwell Point (as at Attachment 1). 2.    Approve the request for a memorial seat and installation of memorial plaque in White Sands Park, Huskisson (as at Attachment 1). 3.    Direct the CEO (Director – City Lifestyles) to advise the applicants of Council’s determination. For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson and Clr Gray Against:    Nil CARRIED

CL24.252   Shoalhaven Sports Board - Member Resignations

HPERM Ref: D24/171315

RESOLVED* (Clr Copley / Clr Gray)                                                                                    MIN24.464 That Council: 1.    Receive the following resignations and write to thank them for their contributions to the Shoalhaven Sports Board: a.    Ms Tameka Gogerly b.    Ms Lucy Burgmann c.    Mr David Goodman d.    Mr Phill Newlyn e.    Mr Roger Walker 2.    Note the resignations outlined in the Shoalhaven Sports Board - Member Resignations report will create six vacancies on the Shoalhaven Sports Board. For:            Clr Findley, Clr D'Ath, Clr Boyd, Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr Christen, Clr White, Clr Wells, Clr Watson and Clr Gray Against:    Nil CARRIED

CL24.253   Tenders - Various Water Mains Replacement Package 1 FY24-25

HPERM Ref: D24/305331

RESOLVED* (Clr Wells / Clr Copley)                                                                                   MIN24.465 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 and Clr Gray Against:    Nil CARRIED

CL24.254   Tenders - Various Water Mains Replacement Package 2 FY24-25

HPERM Ref: D24/309133

RESOLVED* (Clr Wells / Clr Copley)                                                                                   MIN24.466 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 and Clr Gray Against:    Nil CARRIED

Notices of Motion / Questions on Notice

CL24.209   Notice of Motion - Tourist Cabins	HPERM Ref: D24/279836
Item dealt with earlier in the meeting see MIN24.467.

CL24.255   Rescission Motion - CL24.223 Narrawallee Beach Dog Access - Review of Environmental Factors and Proposed Permanent Dog Access Arrangements - Outcome of Engagement Activity	HPERM Ref: D24/320723
Item dealt with earlier in the meeting see MIN24.468.

CL24.256   Notice of Motion - CL24.223 Narrawallee Beach Dog Access - Review of Environmental Factors and Proposed Permanent Dog Access Arrangements - Outcome of Engagement Activity	HPERM Ref: D24/320796
Recommendation That Council: 1.    Defer a decision on new designations for dog prohibited and dog off-leash areas for public recreation and wildlife protection areas at Narrawallee Beach and surrounding areas until a new Council is appointed following local government elections scheduled for September 2024. 2.    Hold a further meeting with staff, Paws for Shoalhaven Executive, Narrawallee Beach Environment Group and Councillors after the elections in September 2024. 3.    Direct the CEO (Director – City Lifestyles) to re-table the Narrawallee Beach Dog Access - Review of Environmental Factors and Proposed Permanent Dog Access Arrangements - Outcome of Engagement Activity report in the business papers for a future Ordinary Council Meeting, once a new Council is appointed following Local Government Elections scheduled for September 2024.
Item was not dealt as the rescission motion was LOST see MIN24.469.

CL24.257   Notice of Motion - Clr Greg Watson - 50 Years' Service Acknowledgement	HPERM Ref: D24/325665
Item dealt with earlier in the meeting see MIN24.470.

CL24.258   Notice of Motion - Milton Ulladulla Bulldogs Rugby League Football Club	HPERM Ref: D24/322454
Item dealt with earlier in the meeting see MIN24.471.

CL24.259   Notice of Motion - Request for an EOI Process Regarding the Lease of the Building on Lot 21 Sec 27 DP2886, Bomaderry, Known as Thurgate Oval	HPERM Ref: D24/325721
Item dealt with earlier in the meeting see MIN24.472.

CL24.260   Notice of Motion - Nowra Croquet Club	HPERM Ref: D24/325920
Item dealt with earlier in the meeting see MIN24.441.

CL24.261   Notice of Motion - Aboriginal Cultural Heritage	HPERM Ref: D24/326085
Item dealt with earlier in the meeting see MIN24.473.

CL24.262   Notice of Motion - Moratorium on Development That Not Supported by Contemporary Studies	HPERM Ref: D24/326171
Item dealt with earlier in the meeting see MIN24.474.

Procedural Motion - Move into Confidential Session

RESOLVED (Clr Kotlash / Clr Wells)                                                          MIN24.475

That Council move into confidential session to discuss item CL24.263 - Planned Restructure and Redundancies and deal with the confidential items during this time, the time being 5.40pm.

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

Against:    Clr Ell

CARRIED

CL24.263   Notice of Motion - Planned Restructure and Redundancies	HPERM Ref: D24/327489
Item dealt with later in the meeting see MIN24.476.

Addendum Reports

CL24.264   Investment Report - July 2024	HPERM Ref: D24/328889
Item dealt with earlier in the meeting see MIN24.477.

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.

An application was received from Ms Denise Kemp on Wednesday, 14 August 2024 however, was refused under Section 14.12 of the Council’s Code of Meeting Practice for the following reasons:

• The application was not received in writing by 9:30am on the day the meeting was opened being, Monday 12 August 2024. Please note, Thursday’s meeting is a continuation of Monday’s Ordinary meeting and not a new Ordinary Meeting.
• The reason for this report is to allow Council to consider an Exemption to Tendering in accordance with Section 55 of the Local Government Act for the engagement of suitably qualified and experienced trades sub-contractors and construction engineering consultants. If approved, the procurement would proceed with targeted quotations from contractors that have previously been involved in the project. The information that remains confidential is limited to Section 10A(2)(d)(i) of the Local Government Act 1993 as follows:

(1) A council, or a committee of the council of which all the members are councillors, may close to the public so much of its meeting as comprises--

(a) the discussion of any of the matters listed in subclause (2), or

(b) the receipt or discussion of any of the information so listed.

(2) The matters and information are the following--

(d) commercial information of a confidential nature that would, if disclosed would (i) prejudice the commercial position of the person who supplied it.

RESOLVED (Clr Kotlash / Clr Wells)                                                          MIN24.478

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.

CCL24.23       Tenders - Construction of Industrial Estate - Flinders Stage 11 - South 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.

CCL24.24       Tenders - Shoalhaven MRF - Supply, Install and Commission Integrated Fire Detection and Suppression System

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.

CCL24.25       Tenders - Partner Consultant - Shoalhaven Roads Project

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.

CCL24.26       Exemption to Tenders - Materials Recovery Facility - West Nowra Recycling and Waste Facility

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.

CCL24.27       Tenders - Various Water Mains Replacement Package 1 FY24-25

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.

CCL24.28       Tenders - Various Water Mains Replacement Package 2 FY24-25

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 Christen, Clr White, Clr Wells, Clr Watson, Clr Kitchener and Clr Gray

Against:    Clr Ell

CARRIED

The meeting moved into confidential the time being 5.40pm.

The meeting moved into open session, the time being 6:51pm.

Report from confidential session

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

CCL24.23   Tenders - Construction of Industrial Estate - Flinders Stage 11 - South Nowra

HPERM Ref: D24/273687

RESOLVED MIN24.479C That: 1.    Council endorses the recommendation of the Tender Evaluation Panel and accepts the Tender from Hisway for the “Construction of Flinders Industrial Estate – Stage 11 – South Nowra” for a total cost of $1,145,668 (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). CARRIED

CCL24.24   Tenders - Shoalhaven MRF - Supply, Install and Commission Integrated Fire Detection and Suppression System

HPERM Ref: D24/170881

RESOLVED MIN24.480C That: 1.    Council endorses the recommendation of the Tender Evaluation Panel and accepts the Tender from Fire Safe Australia & New Zealand Pty Ltd for Shoalhaven Materials Recovery Facility (MRF) - Supply, Install and Commission Integrated Fire Detection and Suppression System for a total cost of $1,604,667.80 (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).  CARRIED

CCL24.25   Tenders - Partner Consultant - Shoalhaven Roads Project

HPERM Ref: D24/312627

RESOLVED MIN24.481C That: 1.    Council accepts the Tender from SMEC Australia for the Partner Consultant – Shoalhaven Roads Project in accordance with the schedule of rates tendered. 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

CCL24.26   Exemption to Tenders - Materials Recovery Facility - West Nowra Recycling and Waste Facility

HPERM Ref: D24/311776

RESOLVED MIN24.482C That Council: 1.    Approves an exemption from tender in accordance with Section 55(3)(i) of the Local Government Act 1993, for the Shoalhaven Materials Recovery Facility (MRF) Building Construction, noting that a satisfactory result would not be achieved by inviting tenders due to: a.    Extenuating circumstances existing due to: i.     The contracted builder for the works, Project Coordination Australia Pty Ltd (PCAPL) entering into voluntary administration in March 2024. ii.    Council has issued a notice of taking works under the contract out of hands of the contractor and is able to complete the works. iii.    Completing the building construction works to the contracted stage, will only require 3 element procurements above the $225,000 tendering threshold. iv.   There is insufficient time to tender the trade elements and construction engineering due to time constraints relating to the subsequent planned and procured fit-out works packages. v.    Further program delays may incur escalated delay costs to Council as several other interdependent contracts are in progress to complete the fit-out and commissioning phases of the project. vi.   Council is currently transporting kerbside commingled recycling materials to a third-party processor in Sydney on a temporary contracted basis. Any further delay in commissioning Council’s MRF will incur further ongoing and possibly escalating costs. The processing and transportation costs attributable to the Shoalhaven kerbside commingled recycling collection component for FY2022/23 were $1.75M and $0.52M respectively. vii.   Sub-contracted trades previously engaged by PCAPL are available to undertake the remaining works. ·      Enhance Metal Roofing - Roofing and cladding works assessed value $930,000. ·      Steel-Line Garage Doors - Roller doors assessed value $355,000. viii.  MI Engineering has been engaged for the project to undertake contract superintendent, design coordination and technical inspections and are best placed to provide construction engineering support for the completion of the project. ·      Construction engineering services assessed up to a value of $470,000. ix.   The works packages have been assessed by the project team and represent best value to Council. 2.    Authorises the CEO (Director of City Services) to negotiate and engage construction engineering consultant and sub-contractors for roofing and cladding, and roller doors through a targeted quotation process. CARRIED

CCL24.27   Tenders - Various Water Mains Replacement Package 1 FY24-25

HPERM Ref: D24/306150

RESOLVED MIN24.483C That: 1.    Council endorses the recommendation of the Tender Evaluation Panel and accepts the Tender from Hisway Pty Ltd (Complying Submission) for the Various Water Mains Replacement Package 1 FY24-25 project for a total cost of $3,146,156.20 (for all 4 separable portions, 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). CARRIED

CCL24.28   Tenders - Various Water Mains Replacement Package 2 FY24-25

HPERM Ref: D24/309132

RESOLVED MIN24.484C That: 1.    Council endorses the recommendation of the Tender Evaluation Panel and accepts the Tender from Hisway Pty Ltd for Various Water Mains Replacement Package 2 FY24-25 project Separable Portions 1, 2, 3 and 5 for a total cost of $1,265,352.00 (Including GST). 2.    Council endorses the recommendation of the Tender Evaluation Panel and accepts the Tender from Killard Infrastructure Pty Ltd for Various Water Mains Replacement Package 2 FY24-25 project Separable Portion 4 for a total cost of $696,645.66 (Including GST). 3.    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). CARRIED

Procedural Motion - Reintroduction of Item into Open Session

RESOLVED (Clr Findley / Clr Wells)                                                           MIN24.474

That item CL24.263 be reintroduced into open session.

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

CL24.263   Notice of Motion - Planned Restructure and Redundancies	HPERM Ref: D24/327489
Recommendation That the CEO be requested to withdraw any proposed changes and potential redundancies and halt the planned restructure of all Directorates until after the new Council has been installed and consulted.
RESOLVED (Clr Copley / Clr Ell)                                                                                         MIN24.475 The timeline in the CEO performance agreement for structural change be extended by 3 months. For:            Clr Norris, Clr Kotlash, Clr Copley, Clr Ell, Clr White, Clr Wells, Clr Watson and Clr Kitchener Against:    Clr Findley, Clr D'Ath, Clr Boyd, Clr Christen and Clr Gray CARRIED

Note: A Rescission Motion was received in relation to

· MM24.29 - Mayoral Minute - Caps on Short Term Rental Accommodation in New Residential Subdivisions and

· CL24.262 - Notice of Motion - Moratorium on Development That Not Supported by Contemporary Studies signed by Clr White, Clr Wells and Clr Watson.

They will be considered at the first Ordinary Meeting of the new Council to be held on Monday 14 October 2024 at 5:30pm in the Council Chambers.

There being no further business, the meeting concluded, the time being 7.07pm.

Clr Findley

CHAIRPERSON