Minutes of the Ordinary Meeting
Meeting Date: Tuesday, 26 April 2022
Location: Council Chambers, City Administrative Building, Bridge Road, Nowra
Time: 5.30pm
The following members were present:
Clr Amanda Findley - Chairperson
Clr John Kotlash
Clr Matthew Norris
Clr Liza Butler (remotely)
Clr Moo D'Ath
Clr Paul Ell
Clr Evan Christen
Clr Patricia White
Clr Greg Watson
Clr Mark Kitchener – left meeting at 9:13pm
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.
Clr Copley and Clr Wells were granted leave of absence for this meeting at the Ordinary meeting held on 14 March 2022.
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RESOLVED (Clr White / Clr Gray) MIN22.267 That the Minutes of the Ordinary Meeting of Ordinary Meeting held on Monday 11 April 2022 be confirmed. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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Clr Kitchener - CL22.197 - Narrawallee Beach - Dog Access Areas - Review of Environmental Factors – non pecuniary significant interest – is a regular participant of walking his dog on this beach and it could be reasonably perceived that he has some personal benefit to gain – will leave the room and will not take part in the discussion or vote.
Clr Butler – CL22.196 – Access Areas for Dogs Policy Review – Community Consultation Overview and Proposed Way Forward and CL22.197 - Narrawallee Beach - Dog Access Areas - Review of Environmental Factors – Pecuniary interest – A donation was made to the Labor Party head office and directed to the Ward 3 Election Campaign by a member of the public who may have an interest in the matter -will remain in the room and will take part in discussion and vote.
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MM22.6 Mayoral Minute |
HPERM Ref: D22/151377 |
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Recommendation That Council actively work with Waminda to assist them in their efforts to find a site for their proposed ‘Birthing on Country’ Centre and receive future reports on this matter if needed.
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RESOLVED (Clr Findley / Clr Christen) MIN22.268 That Council actively work with Waminda to assist them in their efforts to find a site for their proposed ‘Birthing on Country’ Centre and receive future reports on this matter if needed. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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MM22.7 Mayoral Minute |
HPERM Ref: D22/158413 |
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Recommendation That: 1. Shoalhaven City Council write to the NSW Health Minister, and post the Federal election the Federal Minister for Health, advising that Council supports the campaign for improved conditions for our local health care workers, with a copy of this correspondence to also go to the Illawarra Shoalhaven Local Area Health District CEO. 2. Through the Nowra Riverfront Task Force, Council make representations to Land and Housing Corporation about the ongoing need for affordable nurses accommodation and the need for some dorm like accommodation in any redevelopment plans. 3. Council request a briefing from NSW Health in regard to workforce training and planning for the redevelopment of the Shoalhaven District Memorial Hospital and request that the University of Wollongong be included to ensure that the local training facilities continue to meet the needs of students.
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RESOLVED (Clr Findley / Clr White) MIN22.269 That: 1. Shoalhaven City Council write to the NSW Health Minister, and post the Federal election the Federal Minister for Health, advising that Council supports improved conditions for our local health care workers, with a copy of this correspondence to also go to the Illawarra Shoalhaven Local Area Health District CEO. 2. Through the Nowra Riverfront Task Force, Council make representations to Land and Housing Corporation about the ongoing need for affordable nurses accommodation and the need for suitable accommodation in any redevelopment plans. 3. Council request a briefing from NSW Health in regard to workforce training and planning for the redevelopment of the Shoalhaven District Memorial Hospital and request that the University of Wollongong be included to ensure that the local training facilities continue to meet the needs of students. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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Introduction of Items as Matters of Urgency |
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RESOLVED (Clr Watson / Clr White) MIN22.270 That the following addendum reports be introduced as matters of urgency: 1. MM22.8 Mayoral Minute - Valuing Council Employees 2. MM22.9 Mayoral Minute - Council Recognition and Thanks - Support Pledges - Federal Election Candidates for Gilmore For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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The Chairperson ruled the matters as ones of urgency as they relate to urgent business of Council and allowed their introduction.
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HPERM Ref: D22/166500 |
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Recommendation That Shoalhaven City Council: 1. Formally recognises the value of its workforce and commits to not outsourcing any work that is currently undertaken by the permanent workforce - including permanent part time employees. 2. Continue the practice of converting employees who have been on fixed term employment contracts for extended periods to the permanent staff where those roles are deemed ongoing and recurrent funding is available in the budget.
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RESOLVED (Clr Findley / Clr Christen) MIN22.271 That Shoalhaven City Council: 1. Formally recognises the value of its workforce and commits to not outsourcing any work that is currently undertaken by the permanent workforce - including permanent part time employees. 2. Continue the practice of converting employees who have been on fixed term employment contracts for extended periods to the permanent staff where those roles are deemed ongoing and recurrent funding is available in the budget. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray AGAINST: Nil
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MM22.9 Mayoral Minute - Council Recognition and Thanks - Support Pledges - Federal Election Candidates for Gilmore |
HPERM Ref: D22/167465 |
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Recommendation That: 1. Council recognise and thank the Federal Election Candidates for the seat of Gilmore for their pledges of support to the Shoalhaven and wish them well for the upcoming Federal Election. 2. At the conclusion of the campaign Council write to all candidates thanking them for their pledges of support. 3. After the declaration of the polls, Council writes to the newly elected Federal Member for Gilmore and extend an invitation to meet Council’s elected body and executive management team.
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RESOLVED (Clr Findley / Clr Ell) MIN22.272 That: 1. Council recognise and thank the Federal Election Candidates for the seat of Gilmore for their pledges of support to the Shoalhaven and wish them well for the upcoming Federal Election. 2. At the conclusion of the campaign Council write to all candidates thanking them for their pledges of support. 3. After the declaration of the polls, Council writes to the newly elected Federal Member for Gilmore and extend an invitation to meet Council’s elected body and executive management team. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray AGAINST: Nil
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CL22.175 Public Exhibition Outcomes - Planning Proposal PP026 - Coastal Hazards Review (revised approach) (page 28)
Roger Stanton (Representing Callala Foreshore Alliance (CFA)) addressed the meeting to speak AGAINST the recommendation.
CL22.194 - Development Application - DA21/1834 - 14 Jay Street Culburra Beach - Lot 7 DP246986 (page 53)
Alex Kelly (Foundation Law) addressed the meeting to speak AGAINST the recommendation.
CL22.197 – Narrawallee Beach – Dogs Access Areas – Review of Environmental Factors (page 109)
Tim Trescowthick addressed the meeting to speak FOR the recommendation.
Note - Clr Kitchener left the meeting, the time being 6:19pm for the period of Mr Trescowthick’s deputation.
Note - Clr Kitchener returned to the meeting, the time being 6:27pm.
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Procedural Motion – Invitation – Deputation – Mr Watts |
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RESOLVED (Clr Kotlash / Clr D'Ath) MIN22.273 That Mr Watts be invited to make a deputation in support of the recommendation of Item CL22.194 - Development Application - DA21/1834 - 14 Jay Street Culburra Beach - Lot 7 DP246986. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil Mr Watts addressed the meeting to speak FOR the recommendation.
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Procedural Motion – Invitation – Deputation – Mr Tracy |
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RESOLVED (Clr Watson / Clr Ell) MIN22.274 That Mr Tracy be invited to make a deputation to respond to comments made with respect to Item CL22.194 - Development Application - DA21/1834 - 14 Jay Street Culburra Beach - Lot 7 DP246986. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil Mr Tracy addressed the meeting to speak AGAINST the recommendation.
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Procedural Motion - Bring Items Forward |
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RESOLVED (Clr White / Clr Christen) MIN22.275 That the following matters be brought forward for consideration: · CL22.175 – Public Exhibition Outcomes - Planning Proposal PP026 - Coastal Hazards Review (revised approach) · CL22.194 – Development Application - DA21/1834 - 14 Jay Street Culburra Beach - Lot 7 DP246986 · CL22.197 - Narrawallee Beach - Dog Access Areas - Review of Environmental Factors For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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CL22.175 Public Exhibition Outcomes - Planning Proposal PP026 - Coastal Hazards Review (revised approach) |
HPERM Ref: D22/112906 |
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That Council: 1. Adopt the Planning Proposal (PP026) as per Option 1 in this report and forward to the NSW Department of Planning and Environment for finalisation. 2. Notify the adoption and commencement of the Amendment in accordance with legislative requirements. 3. Advise key stakeholders, including relevant industry representatives, Community Consultative Bodies (CCB’s) and those who made a submission, of this decision and when the Amendment will be made effective.
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RESOLVED (Clr Christen / Clr White) MIN22.276 That Council: 1. Adopt the Planning Proposal (PP026) as per Option 1 in this report and forward to the NSW Department of Planning and Environment for finalisation. 2. Notify the adoption and commencement of the Amendment in accordance with legislative requirements. 3. Advise key stakeholders, including relevant industry representatives, Community Consultative Bodies (CCB’s) and those who made a submission, of this decision and when the Amendment will be made effective. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Christen, Clr White and Clr Gray Against: Clr Ell, Clr Watson and Clr Kitchener
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CL22.194 Development Application - DA21/1834 - 14 Jay Street Culburra Beach - Lot 7 DP246986 |
HPERM Ref: D22/156228 |
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Recommendation That Development Application DA21/1834 be determined by way of Part Approval and Part Refusal as follows: 1. The new dwelling component be approved by way of deferred commencement to allow for the resolution of stormwater considerations and subject to the recommended conditions of consent contained in Attachment 2 of this report.
2. The shed component be refused for the reasons outlined in Attachment 4 - DRAFT Notice of Determination, vis. a. The shed is inconsistent with the development controls set out in Chapter G12 of Shoalhaven Development Control Plan 2014. b. The shed fails to adequately demonstrate compliance with the development controls set out in Chapter G2 of Shoalhaven Development Control Plan 2014. c. The shed will have adverse amenity impacts on the built environment in the locality. d. The site is not suitable for the proposed development. e. The shed is not in the public interest.
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MOTION (Clr Watson / Clr Kitchener) That Development Application DA21/1834 be deferred until the Ordinary meeting of Council to be held on 9 May 2022 and staff be directed to provide a report which includes draft conditions of approval for the entirety of the proposal (both the dwelling and shed components), addressing the landscaping plans submitted by the applicant and providing clarification on the issues of eave height, and bulk and scale, for Council's consideration at the meeting of 9 May 2022. For: Clr Ell, Clr White, Clr Watson and Clr Kitchener Against: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Christen and Clr Gray MOTION lost
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RESOLVED (foreshadowed motion) (Clr Butler / Clr Kotlash) MIN22.277 That this item be deferred to the Ordinary meeting of Council to be held on 9 May 2022 to allow Councillors to consider additional information. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Clr Christen
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Note – Clr Kitchener left the meeting, the time being 7:26pm
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CL22.197 Narrawallee Beach - Dog Access Areas - Review of Environmental Factors |
HPERM Ref: D22/150258 |
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Clr Kitchener - Non pecuniary significant interest – is a regular participant of walking his dog on this beach and it could be reasonably perceived that he has some personal benefit to gain – left the room and did not take part in discussion or vote. Clr Butler – Pecuniary interest – A donation was made to the Labor Party head office and directed to the Ward 3 Election Campaign by a member of the public who may have an interest in the matter - remained in the meeting (remotely) and took part in discussion and voted.
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Recommendation That Council, after consideration of the proposed dog off-leash area and associated works at Narrawallee Beach (the Proposed Activity) assessed in the Review of Environmental Factors dated 28 January 2022 (the REF):
1. Determines: a. that it has examined and taken into account, to the fullest extent possible, all matters affecting, or likely to affect, the environment by reason of the Proposed Activity. b. that the Proposed Activity is unlikely to significantly affect the environment provided that the proposed safeguards and mitigation measures identified in the REF are adopted and implemented, and therefore, an Environmental Impact Statement is not required to be obtained, examined, and considered in respect of the Proposed Activity; and c. to adopt and implement the proposed environmental safeguards, mitigation measures and controls identified in the REF. 2. Pursuant to section 13(6) of the Companion Animals Act 1998, declare that part of Narrawallee Beach between BA8 and BA2 identified in Figure 3 of the REF to be an off-leash area between the hours of 4pm and 8am Australian Eastern Daylight-Saving Time and between 3pm and 10am Australian Eastern Standard Time. 3. Pursuant to section 14(1)(d) of the Companion Animals Act 1998 declare that part of Narrawallee Beach at BA1; between BA9 and BA15; and between IA1 and IA3 as identified in Figure 3 of the REF to be dog prohibited.
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RESOLVED (Clr Butler / Clr White) MIN22.278 That Council: 1. Postpone making a determination and direct Council staff to undertake further investigations, and: 2. Temporarily hold in place the current on-leash / off-leash provisions pending further investigation and the review of the Access Areas for Dogs Policy. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson and Clr Gray AGAINST: Nil
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Note – Clr Kitchener returned to the meeting, the time being 7:35pm.
Call Over of the Business Paper
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Call Over of Business Paper - En bloc |
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RESOLVED (Clr White / Clr Kitchener) MIN22.279 That the following items from the Committee Reports be resolved en bloc: · AA22.4 – Aboriginal Advisory Committee Representative on Shoalhaven Arts Board · CFM22.3 - Update on Filling the Current Central FRMC Vacancy · CFM22.4 – St Georges Basin Floodplain Risk Management Study and Plan Update Note – the items will be marked with an asterisk (*) in these Minutes. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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Call Over of Business Paper - En bloc |
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RESOLVED (Clr Ell / Clr Norris) MIN22.280 That the following items from the City Performance Directorate be resolved en bloc: · CL22.188 – Ongoing Register of Pecuniary Interest Returns – March 2022 · CL22.189 – LGNSW Destination & Visitor Economy Conference 2022 – Annual NSW Local Roads Note – the items will be marked with an asterisk (*) in these Minutes. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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Call Over of Business Paper - En bloc |
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RESOLVED (Clr Gray / Clr White) MIN22.281 That the following items from the City Futures Directorate be resolved en bloc: · CL22.191 – Endorsement for Exhibition – Draft Local Approvals Policy · CL22.192 – Support for Carnivals, Festivals and Events Note – the items will be marked with an asterisk (*) in these Minutes. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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Call Over of Business Paper - En bloc |
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RESOLVED (Clr Gray / Clr Norris) MIN22.282 That the following items from the City Lifestyles Directorate be resolved en bloc: · CL22.198 - Design Options and Way Forward - Refurbishment of the Bomaderry Basketball Stadium and Integration with the Shoalhaven Indoor Sports Centre · CL22.202 - Request for Community Consultative Body Change of Boundary - Kangaroo Valley Community Consultative Body Note – the items will be marked with an asterisk (*) in these Minutes. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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Call Over of Business Paper - En bloc |
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RESOLVED (Clr Ell / Clr White) MIN22.283 That the following item from Shoalhaven Water be resolved en bloc:
Note – the items will be marked with an asterisk (*) in these Minutes.
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Report of the Aboriginal Advisory Committee - 22 March 2022
Items marked with an * were resolved ‘en bloc’.
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AA22.4 Aboriginal Advisory Committee Representative on Shoalhaven Arts Board |
HPERM Ref: D22/103589 |
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RESOLVED* (Clr White / Clr Kitchener) MIN22.284 That: 1. Council request the Shoalhaven Arts Board conduct a public EOI process for the position of Aboriginal Representative on the Shoalhaven Arts Board, for the term of membership, being four (4) years, in accordance with the Shoalhaven Arts Board Terms of Reference. 2. A report be submitted back to the Aboriginal Advisory Committee (AAC) on the outcome of the EOI process for endorsement. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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AA22.8 Additional Item - Budget Bid Plan of Management for Cullunghutti |
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Recommendation That: 1. Council consider the Capital Operational Budget request of $50,000 to resolve issues with respect to Cullunghutti and do so through the next quarterly review. 2. A formal discussion between Jerrinja LALC, NPWS and elected Council be organised, with regard to issues around Cullunghutti Plan of Management. 3. The Aboriginal Advisory Committee and Councillors be provided with a copy of the “Cullunghutti: The Mountain And Its People ‘A documentary listing of Cullunghutti Mountain from 1770 to 1920 a report for the community’ – Produced for the Office of Environment and Heritage (Nowra) in April 2013” written by Kate Waters. Noting the budget implication of approximately $800 to be taken from the Community Connections Budget.
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RESOLVED (Clr White / Clr Butler) MIN22.285 That: 1. Council allocate the Capital Operational Budget request of $50,000 to resolve issues with respect to Cullunghutti and do so through the next quarterly review. 2. A formal discussion between Jerrinja LALC, NPWS and elected Council be organised, with regard to issues around Cullunghutti Plan of Management. 3. The Aboriginal Advisory Committee and Councillors be provided with a copy of the “Cullunghutti: The Mountain And Its People ‘A documentary listing of Cullunghutti Mountain from 1770 to 1920 a report for the community’ – Produced for the Office of Environment and Heritage (Nowra) in April 2013” written by Kate Waters. Noting the budget implication of approximately $800 to be taken from the Community Connections Budget. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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Report of the Central Floodplain Risk Management Committee - 8 April 2022
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HPERM Ref: D22/101345 |
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RESOLVED* (Clr White / Clr Kitchener) MIN22.286 That Council: 1. Receive this report for information; and 2. Endorse the appointment of Mr David Reynolds to the Central FRMC. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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CFM22.4 St Georges Basin Floodplain Risk Management Study and Plan Update |
HPERM Ref: D22/87436 |
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RESOLVED* (Clr White / Clr Kitchener) MIN22.287 That Council: 1. Receive the draft St Georges Basin Flood Study report for information; and 2. Endorse the commencement of public exhibition and community engagement for the Draft Flood Study. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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Items marked with an * were resolved ‘en bloc’.
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CL22.188 Ongoing Register of Pecuniary Interest Returns - March 2022 |
HPERM Ref: D22/102171 |
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RESOLVED* (Clr Ell / Clr Norris) MIN22.288 That the report of the Chief Executive Officer regarding the Ongoing Register of Pecuniary Interest Returns lodged for the period of 1 March to 31 March 2022 be received for information. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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CL22.189 LGNSW Destination & Visitor Economy Conference 2022 - Annual NSW Local Roads Congress 2022 |
HPERM Ref: D22/158405 |
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RESOLVED* (Clr Ell / Clr Norris) MIN22.289 That Council: 1. Notes the details of the following conferences: a. LGNSW Destination & Visitor Economy Conference scheduled for 17 to 19 May 2022 in Orange, NSW. b. Annual NSW Local Roads Congress 2022 scheduled for 6 June 2022 in Sydney, NSW 2. Authorises available Councillors to attend the conference and such attendance be deemed Council Business. 3. Travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with its adopted policy. 4. Request Councillors attending the conference to provide a written report within 30 days of returning from the conference. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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HPERM Ref: D22/147875 |
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Recommendation That Council: 1. Receive the Record of Investments for the Period to 31 March 2022. 2. Note that Council’s total Investment Portfolio (excluding the Long-Term Growth Fund) returned 0.76% per annum for the month of March 2022, exceeding the benchmark AusBond Bank Bill Index (0.04% pa) by 72 basis points (0.72%). 3. Note the performance of the Long-Term Growth Fund as presented in the report.
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RESOLVED (Clr Christen / Clr Ell) MIN22.290 That Council: 1. Receive the Record of Investments for the Period to 31 March 2022. 2. Note that Council’s total Investment Portfolio (excluding the Long-Term Growth Fund) returned 0.76% per annum for the month of March 2022, exceeding the benchmark AusBond Bank Bill Index (0.04% pa) by 72 basis points (0.72%). 3. Note the performance of the Long-Term Growth Fund as presented in the report. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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Procedural Motion - Bring Item Forward |
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RESOLVED (Clr Findley / Clr Christen) MIN22.291 That the matter of item CL22.203 be brought forward for consideration.
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CL22.203 Renewable Power Purchase Agreement (PPA) and Small Sites Electricity Procurement |
HPERM Ref: D22/144601 |
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Recommendation That: 1. Council approves the switch for its Small Sites electricity supply agreement from the NSW Government contract 776 (expiring) to the new NSW Government contract 3062 with Shell Energy Retail Pty Ltd for an initial 3-year term, commencing 1 July 2022 until 1 July 2025, and authorise the CEO to execute the contract where time constraints for acceptance of a tender may prevent the matter being reported to a Council Meeting. 2. Council selects 100% GreenPower for all Small Sites for year 2024/2025 only, under the initial 3-year retail electricity supply agreement on contract 3062 at an additional annual cost of approximately $50,000. 3. For the renewable Power Purchase Agreement (PPA) tender proposed for Large Sites and Street Lighting, Council delegate authority to the Chief Executive Officer to award the tender (due to the potential of a limited tender validity period) and to execute the contract on behalf of Shoalhaven City Council.
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RESOLVED (Clr Findley / Clr Christen) MIN22.292 That: 1. Council approves the switch for its Small Sites electricity supply agreement from the NSW Government contract 776 (expiring) to the new NSW Government contract 3062 with Shell Energy Retail Pty Ltd for an initial 3-year term, commencing 1 July 2022 until 1 July 2025, and authorise the CEO to execute the contract where time constraints for acceptance of a tender may prevent the matter being reported to a Council Meeting. 2. Council selects 100% GreenPower for all Small Sites for year 2024/2025 only, under the initial 3-year retail electricity supply agreement on contract 3062 at an additional annual cost of approximately $50,000. 3. For the renewable Power Purchase Agreement (PPA) tender proposed for Large Sites and Street Lighting, Council delegate authority to the Chief Executive Officer to award the tender (due to the potential of a limited tender validity period) and to execute the contract on behalf of Shoalhaven City Council. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray AGAINST: Nil
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Items marked with an * were resolved ‘en bloc’.
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CL22.191 Endorsement for Exhibition - Draft Local Approvals Policy |
HPERM Ref: D22/109093 |
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RESOLVED* (Clr Gray / Clr White) MIN22.293 That Council: 1. Endorse the draft Local Approvals Policy (LAP) at Attachment 1 for public exhibition. 2. Publicly exhibit the draft Local Approvals Policy for 28 days and receive comments for 42 days from the commencement of the exhibition period in accordance with Section 160 of the Local Government Act 1993. 3. Receive a further report following public exhibition to enable any submissions to be fully considered and any changes made prior to: a. Council adoption; and b. Subsequent process to obtain consent of the Chief Executive Officer (CEO) of NSW Office of Local Government for Part 1 of the Local Approvals Policy prior to finalisation. 4. Will not take compliance action against recipients of Resilience NSW’s Pod Program if the 2022 LAP is not finalised prior to the end of the approved leases. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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CL22.175 Public Exhibition Outcomes - Planning Proposal PP026 - Coastal Hazards Review (Revised Approach) |
HPERM Ref: D22/112906 |
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Item dealt with earlier in the meeting see MIN22.276.
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HPERM Ref: D21/479656 |
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RESOLVED* (Clr Gray / Clr White) MIN22.294 That Council: 1. Receive the report on Support for Carnivals, Festivals and Events for information and recognise that Events, Festivals and Carnivals are currently supported in various ways as referenced in the report. 2. Request that staff review the current Event Application Process in line with feedback from Show Societies outlined in this report. The review will include a focus on streamlining the Event Application Process with recurring community events. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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CL22.193 Request To Form A New Committee - Shoalhaven Economic Growth and Advocacy (SEGA) Group |
HPERM Ref: D22/153392 |
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Recommendation That Council: 1. Disestablish the: a. Shoalhaven Tourism Advisory Group (STAG), b. Business, Employment and Development Committee (BEDC) 2. Formally thank all existing members of the current committees for their volunteer service to Council. 3. Establish the “Shoalhaven Economic Growth and Advocacy (SEGA) Group”, and a. Endorse the Draft Terms of Reference (see Attachment) as a final document b. Request staff to i. recruit for members of the newly established group, ensuring all retiring members of STAG and BEDC are given an opportunity to reapply for the new group. ii. set up a schedule of meetings as per the Terms of Reference once new members are recruited.
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RESOLVED (Clr White / Clr Ell) MIN22.295 That Council: 1. Disestablish the: a. Shoalhaven Tourism Advisory Group (STAG), b. Business, Employment and Development Committee (BEDC) 2. Formally thank all existing members of the current committees for their volunteer service to Council. 3. Establish the “Shoalhaven Economic Growth and Advocacy (SEGA) Group”, and a. Present the Draft Terms of Reference (see Attachment) to the new Committee b. Request staff to i. recruit for members of the newly established group, ensuring all retiring members of STAG and BEDC are given an opportunity to reapply for the new group. ii. set up a schedule of meetings as per the Terms of Reference once new members are recruited. c. Following formation, the SEGA Group be asked to provide their view as to the scope and range of work to be undertaken and a report be submitted to Council for information. Examples of matters to be considered include diversification of the local economy, supporting the establishment of new SMEs, and supporting full time job creation. 4. Meet with both the STAG and BEDC (together or separately) and brief them on the outcome of Council’s consideration of this report and the proposed Terms of Reference of the SEGA Group. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray AGAINST: Nil
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Procedural Motion – Adjournment of Meeting |
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RESOLVED (Clr Ell / Clr Christen) MIN22.296 That the meeting be adjourned until 8:30pm to allow for refreshments. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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Note: The meeting was adjourned, the time being 8:01pm.
Note: The meeting reconvened, the time being 8:34pm with the following persons present:
Clr Amanda Findley - Chairperson
Clr John Kotlash
Clr Matthew Norris
Clr Liza Butler (remotely)
Clr Moo D'Ath
Clr Paul Ell
Clr Evan Christen
Clr Patricia White
Clr Greg Watson
Clr Mark Kitchener
Clr Tonia Gray
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CL22.194 Development Application - DA21/1834 - 14 Jay Street Culburra Beach - Lot 7 DP246986 |
HPERM Ref: D22/156228 |
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Item dealt with earlier in the meeting see MIN22.277.
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CL22.195 Bawley Point/Kioloa - Skatepark & Recreation Hub - Survey Results |
HPERM Ref: D21/457098 |
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Recommendation That Council: 1. Propose to take no further action at this time, as there is not a clear majority of support for a skate park in Bawley Point/Kioloa. 2. Identify the inclusion of investigations for a Recreation Hub (including options for a skate park) into the Community Infrastructure Strategic Plan review. 3. Subject to necessary funding being approved in the (draft) 2022/23 budget, proceed with upgrades to existing playground infrastructure at Bawley Point Reserve and Kioloa Sportsground.
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RESOLVED (Clr Butler / Clr White) MIN22.297 That Council: 1. Propose to take no further action at this time, as there is not a clear majority of support for a skate park in Bawley Point/Kioloa. 2. Encourages Bawley Point, Kioloa, Termeil Community Association (BPKTCA) to investigate grant opportunities, in liaison with Council Staff, to undertake a Community-Led Strategic Plan and Master Plan that, in consultation with Council staff, may identify the inclusion of a Recreation Hub (including options for a skate park) into the Community. 3. Council staff report back to Council as those investigations proceed including the potential for Council to contribute to the development of the Strategic Plan. 4. Subject to necessary funding being approved in the (draft) 2022/23 budget, proceed with upgrades to existing playground infrastructure at Bawley Point Reserve and Kioloa Sportsground as part of Council’s ongoing asset replacement plan. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray AGAINST: Nil
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CL22.196 Access Areas for Dogs Policy Review - Community Consultation Overview and Proposed Way Forward |
HPERM Ref: D22/63536 |
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Clr Butler - Pecuniary interest – A donation was made to the Labor Party head office and directed to the Ward 3 Election Campaign by a member of the public who may have an interest in the matter - remained in the meeting (remotely) and took part in discussion and voted. |
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Recommendation That Council: 1. Receive this report for information as an overview of community consultation undertaken in 2021 associated with the review of Access Areas for Dogs Policy. 2. Acknowledge and commend the involvement and interest of the community in providing feedback on the Access Areas for Dogs Policy. 3. Endorse the proposed methodology in relation to reviewing the Access Areas for Dogs Policy and Dog Off-Leash Guide based on the community feedback received to date. 4. Recognise that appropriate environmental due diligence must be exercised by Council, and environmental assessments are required in line with State and Commonwealth legislation for dog access areas. 5. Allocate a budget of $180,000 from Council’s Dog Off-leash Internal Reserve to fund the engagement of resources in Environmental Services, City Development to undertake the required environmental assessments in-house. 6. Receive a future report once resources are engaged on the scope of environmental assessments to be undertaken and the associated timeline to complete, noting that this work is required to be undertaken prior to a revised draft Access Areas for Dogs Policy being prepared. 7. Receive a future report on the proposed revised draft Access Areas for Dogs Policy, which will seek a Council resolution to place a revised draft Access Areas for Dogs Policy document on public exhibition. 8. Continue to liaise and engage with key stakeholders and community throughout the Policy review process.
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RESOLVED (Clr White / Clr Christen) MIN22.298 That Council: 1. Receive this report for information as an overview of community consultation undertaken in 2021 associated with the review of Access Areas for Dogs Policy. 2. Acknowledge and commend the involvement and interest of the community in providing feedback on the Access Areas for Dogs Policy. 3. Endorse the proposed methodology in relation to reviewing the Access Areas for Dogs Policy and Dog Off-Leash Guide based on the community feedback received to date. 4. Recognise that appropriate environmental due diligence must be exercised by Council, and environmental assessments are required in line with State and Commonwealth legislation for dog access areas. 5. Allocate a budget of $180,000 from Council’s Dog Off-leash Internal Reserve to fund the engagement of resources in Environmental Services, City Development to undertake the required environmental assessments in-house. 6. Receive a future report once resources are engaged on the scope of environmental assessments to be undertaken and the associated timeline to complete, noting that this work is required to be undertaken prior to a revised draft Access Areas for Dogs Policy being prepared. 7. Receive a future report on the proposed revised draft Access Areas for Dogs Policy, which will seek a Council resolution to place a revised draft Access Areas for Dogs Policy document on public exhibition with the report back to include: a. a detailed analysis and development of an associated risk based, evidence based, compliance section to the policy. Risks to include dog density with respect to dog off leash areas (fenced, beaches) seasonality of bird breeding and holiday seasons. b. analysis of the financial implications of education and compliance. 8. Continue to liaise and engage with key stakeholders and community throughout the Policy review process. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray AGAINST: Nil
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CL22.197 Narrawallee Beach - Dog Access Areas - Review of Environmental Factors |
HPERM Ref: D22/150258 |
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Item dealt with earlier in the meeting see MIN22.278.
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Items marked with an * were resolved ‘en bloc’.
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CL22.198 Design Options and Way Forward - Refurbishment of the Bomaderry Basketball Stadium and Integration with the Shoalhaven Indoor Sports Centre |
HPERM Ref: D21/426714 |
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RESOLVED* (Clr Gray / Clr Norris) MIN22.299 That Council: 1. Receive this report for information on the consultation that has occurred for the refurbishment of the Bomaderry Basketball Stadium and integration with the Shoalhaven Indoor Sports Centre and the design options that have been developed. 2. Endorse Design Option 3 (sawcut roof with a building footprint extension) as the preferred way forward for the refurbishment of the Bomaderry Basketball Stadium. 3. Proceed to the Detailed Design stage, lodging of a Development Application and issuing of a Construction Certificate to advance the Bomaderry Basketball Stadium and integration with the Shoalhaven Indoor Sports Centre to become construction ready / ‘shovel ready’. 4. Staff continue to advocate and seek grant opportunities to secure funding towards the project as it progresses to construction ready status. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil |
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CL22.199 West Nowra Infrastructure and Recreational Facilities Upgrade Program - Investigations and Way Forward |
HPERM Ref: D22/74387 |
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Recommendation That Council: 1. Accept this report as an update on funding options to investigate the provision of community facilities available in West Nowra. 2. Note that further investigation into infrastructure and recreational facilities in the West Nowra area under the review of the Community Infrastructure Strategic Plan, currently being undertaken by Council. This is to include investigations into upgrades of the Depot Farm Picnic Area. 3. Note that staff are continuing to investigate opportunities for minor embellishments to existing infrastructure and open space to improve facilities for West Nowra residents and visitors.
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RESOLVED (Clr Ell / Clr White) MIN22.300 That this item be deferred to the next Ordinary meeting to allow Clr Copley to take part in the discussion and vote. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray AGAINST: Nil
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CL22.200 South Coast Regional Arts Development Organisation - update and request to Council |
HPERM Ref: D22/150592 |
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Recommendation That Council: 1. Support the continued development and establishment of the South Coast Regional Arts Development Organisation; 2. Nominate a Councillor [Councillor name to be inserted at meeting] to represent Shoalhaven City Council on the Board of the South Coast Regional Arts Development Organisation with an appropriate staff member as support person and proxy; 3. Allocate $38,825 from the general funds in the 2022/23 FY budget as Council’s financial contribution and recurrent funding + 3.5% increase year on year thereafter. 4. Approve under delegation that the Chief Executive Officer (Director City Lifestyles) enter into a Memorandum of Understanding (MOU) with South Coast Regional Arts Development Organisation which will also detail the provision of in-kind support to be provided by Council.
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During discussion on this item Clr Wells and Clr Gray were nominated to represent Council on the Board of the South Coast Regional Arts Development Organisation. The Director City Performance held an election via show of hands and declared Clr Gray as the nominee.
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RESOLVED (Clr Butler / Clr D'Ath) MIN22.301 That Council: 1. Support the continued development and establishment of the South Coast Regional Arts Development Organisation; 2. Nominate Councillor Tonia Gray to represent Shoalhaven City Council on the Board of the South Coast Regional Arts Development Organisation with an appropriate staff member as support person and proxy; 3. Allocate $38,825 from the general funds in the 2022/23 FY budget as Council’s financial contribution and recurrent funding + 3.5% increase year on year thereafter. 4. Approve under delegation that the Chief Executive Officer (Director City Lifestyles) enter into a Memorandum of Understanding (MOU) with South Coast Regional Arts Development Organisation which will also detail the provision of in-kind support to be provided by Council. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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CL22.201 Shoalhaven Arts Foundation Funding Needs and Way Forward |
HPERM Ref: D22/152007 |
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Recommendation That Council: 1. As part of the 2022/23 budget preparations, consider funding for the establishment of the Shoalhaven Arts Foundation for three years. Funding amounts to be: a) $150,000 in the 2022/23 Financial year b) $150,000 in the 2023/24 Financial year c) $100,000 in the 2024/25 Financial year 2. Subject to confirmation of a three-year funding commitment, progress the formal establishment of the Shoalhaven Arts Foundation as a legal entity.
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RESOLVED (Clr Ell / Clr White) MIN22.302 That Council: 1. As part of the 2022/23 budget preparations, allocate funding for the establishment of the Shoalhaven Arts Foundation for three years. Funding amounts to be: a) $150,000 in the 2022/23 Financial year b) $150,000 in the 2023/24 Financial year c) $100,000 in the 2024/25 Financial year 2. Progress the formal establishment of the Shoalhaven Arts Foundation as a legal entity. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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CL22.202 Request for Community Consultative Body Change of Boundary - Kangaroo Valley Community Consultative Body |
HPERM Ref: D22/103947 |
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RESOLVED* (Clr Gray / Clr Norris) MIN22.303 That Council: 1. Support in principle the request from Kangaroo Valley Community Consultative Body (KVCCB) to update the boundary of the geographical area that it will represent, to include the suburb of Upper Kangaroo River. 2. Advertise the proposal for public comment. 3. In considering public comment: a. if no significant adverse feedback is received, accept the changes to the Kangaroo Valley Community Consultative Body boundaries as formally recognised and staff advise the community group accordingly. b. if significant feedback is received, staff will submit a report to Council for final determination of the formal Community Consultative Body boundary status. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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CL22.203 Renewable Power Purchase Agreement (PPA) and Small Sites Electricity Procurement |
HPERM Ref: D22/144601 |
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Item dealt with earlier in the meeting see MIN22.292.
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Items marked with an * were resolved ‘en bloc’.
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HPERM Ref: D22/148244 |
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RESOLVED* (Clr Ell / Clr White) MIN22.304 That Council 1. Determines substantial compliance with the Best Practice Management of Water Supply and Sewerage Guidelines has been achieved and the dividend will be paid from the Sewer Fund as declared in 2020-21. 2. Determines substantial compliance with the Best Practice Management of Water Supply and Sewerage Guidelines has been achieved and the dividend will be paid from the Water Fund as declared in 2020-21. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson, Clr Kitchener and Clr Gray Against: Nil
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Notices of Motion / Questions on Notice
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HPERM Ref: D22/159796 |
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That Council: 1. Request the Director of City Services (or his nominee) to meet with Country Club, Vincentia Golf Club President & Committee to discuss access to Council streets within the Golf Club precinct area. 2. Provide options for safety of residents, golfers, golf carts and vehicles accessing these streets such as marked crossing areas or other traffic devices.
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RESOLVED (Clr White / Clr Kotlash) MIN22.305 That Council: 1. Request the Director of City Services (or his nominee) to meet with Country Club, Vincentia Golf Club President & Committee to discuss access to Council streets within the Golf Club precinct area. 2. Provide options for safety of residents, golfers, golf carts and vehicles accessing these streets such as marked crossing areas or other traffic devices. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson and Clr Gray AGAINST: Nil
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Note: Clr Kitchener left meeting the time being 9:13pm
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CL22.206 Notice of Motion - Ulladulla Milton Lions Club – Markets Burrill Lake |
HPERM Ref: D22/159817 |
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That Council support the Ulladulla Milton Lions Club Burrill Lake Farmers Markets with 50% fee reduction for Park Hire for market events for the next 2 years (until April 2024).
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RESOLVED (Clr White / Clr Ell) MIN22.306 That Council support the Ulladulla Milton Lions Club Burrill Lake Farmers Markets with 50% fee reduction for Park Hire for market events for the next 2 years (until April 2024). For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson and Clr Gray Against: Nil
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CL22.207 Notice of Motion - Dunn Lewis Centre 20th Anniversary Celebrations |
HPERM Ref: D22/159900 |
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That Council: 1. Support the Dunn Lewis Centre 20th Celebrations across the Milton Ulladulla area with 12 days of events. 2. Advise the Foundation of any development applications and/or event permits required. 3. Provide sponsorship of $25,000 for the 12 days of Events from the unallocated donations for 2021/22 on the terms and conditions as determined by the CEO or his nominee.
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RESOLVED (Clr White / Clr Findley) MIN22.307 That Council: 1. Support the Dunn Lewis Centre 20th Celebrations across the Milton Ulladulla area with 12 days of events. 2. Advise the Foundation of any development applications and/or event permits required. 3. Provide sponsorship of $25,000 for the 12 days of Events from the unallocated donations for 2021/22 on the terms and conditions as determined by the CEO or his nominee. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson and Clr Gray Against: Nil
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MM22.8 Mayoral Minute - Valuing Council Employees |
HPERM Ref: D22/166500 |
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Item dealt with earlier in the meeting see MIN22.271.
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MM22.9 Mayoral Minute - Council Recognition and Thanks - Support Pledges - Federal Election Candidates for Gilmore |
HPERM Ref: D22/167465 |
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Item dealt with earlier in the meeting see MIN22.272.
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Procedural Motion - Matters of Urgency |
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RESOLVED (Clr White / Clr Christen) MIN22.308 That an additional item DA 22/1281 – 13 The Bastion, Manyana be introduced as a matter of urgency. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson and Clr Gray Against: Nil
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The Chairperson ruled the matter as urgent given the determination is soon to be made. |
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CL22.208 Additional Item - Call In DA22/1281 - 13 The Bastion, Manyana |
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RESOLVED (Clr White / Clr Christen) MIN22.309 That Council “Call In” DA 22/1281 – 13 Bastion Manyana due to the public interest and character of the area. For: Clr Findley, Clr Kotlash, Clr Norris, Clr Butler, Clr D'Ath, Clr Ell, Clr Christen, Clr White, Clr Watson and Clr Gray Against: Nil
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There being no further business, the meeting concluded, the time being 9:27pm.
Clr Findley
CHAIRPERSON