Shoalhaven City Council

MINUTES OF THE ORDINARY MEETING

Meeting Date: Tuesday, 24 November 2020 Location: Council Chambers, City Administrative Building, Bridge Road, Nowra Time: 5.04pm

The following members were present:

Clr Amanda Findley - Chairperson Clr Joanna Gash Clr John Wells Clr Patricia White Clr Kaye Gartner – (Remotely) Clr Nina Digiglio Clr Annette Alldrick Clr Andrew Guile – arrived at 5.32pm Clr Mitchell Pakes Clr Greg Watson Clr Mark Kitchener Clr Bob Proudfoot

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 Traditional Custodians by the Chairperson, followed with a Prayer written by Reverend Greg Christian – Bomaderry Uniting Church, read by Mayor Findley and the playing of the Australian National Anthem.

Apologies / Leave of Absence An apology was received from Clr Levett.

Confirmation of the Minutes RESOLVED (Clr Gash / Clr Digiglio) MIN20.836 That the Minutes of the Ordinary Meeting of Ordinary Meeting held on Tuesday 27 October 2020 be confirmed. CARRIED

Declarations of Interest Nil

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MAYORAL MINUTE

MM20.18 Mayoral Minute - Advocate for and support bushfire HPERM Ref: affected residents that have relocated to rental D20/510340 accommodation during the rebuild of their dwelling as their insurance cover rental assistance expires Recommendation That Council: 1. Advocate to the Commonwealth to extend rental relief to the bushfire affected individuals and families who lost their primary dwelling in the 2019/2020 bushfires and that are now renting temporary accommodation, through their insurance policy where, in most cases, cover will cease after 12 months. 2. Advocate to Insurance Companies and the Insurance Council of Australia to extend the 12- month period of rental assistance available to those residents who have lost their primary dwelling in the 2019/2020 bushfires. 3. Publicly thank absentee landlords within the Shoalhaven Region for assisting those residents who have lost their primary dwelling in the 2019/2020 bushfires and encourage them to consider continuing their support to residents until they can return to their own properties.

RESOLVED (Clr Findley / Clr Digiglio) MIN20.837 That Council: 1. Advocate to the Commonwealth to extend rental relief to the bushfire affected individuals and families who lost their primary dwelling in the 2019/2020 bushfires and that are now renting temporary accommodation, through their insurance policy where, in most cases, cover will cease after 12 months. 2. Advocate to Insurance Companies and the Insurance Council of Australia to extend the 12- month period of rental assistance available to those residents who have lost their primary dwelling in the 2019/2020 bushfires. 3. Publicly thank absentee landlords within the Shoalhaven Region for assisting those residents who have lost their primary dwelling in the 2019/2020 bushfires and encourage them to consider continuing their support to residents until they can return to their own properties. CARRIED

MM20.19 Mayoral Minute - Nowra CBD Wi-Fi Access HPERM Ref: D20/513101 Recommendation That Council: 1. Undertake investigations into establishing a suitable Wi-Fi network for the Nowra CBD that includes public access and includes research on what other NSW councils are doing to provide these types of services 2. Allocate funding from the 2021/22 budget for the Wi-Fi network project.

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RESOLVED (Clr Findley / Clr Wells) MIN20.838 That Council: 1. Undertake investigations into establishing a suitable Wi-Fi network for the Nowra CBD that includes public access and includes research on what other NSW councils are doing to provide these types of services 2. Allocate funding from the 2021/22 budget for the Wi-Fi network project. CARRIED

DEPUTATIONS AND PRESENTATIONS

CL20.286 - Notice of Motion - Climate Change FOR Evelyn Pettigrew Trudie Jarnason Gabrielle Halcrow Andrew Debeck Wesley Hindmarch Laura Griffiths

SA20.225 - Creation of APZ over Council unmade road adjoining Lot 1 Sec 5 DP758322 - 2 Jervis St Currarong FOR Stephen Rice

NOTICES OF MOTION / QUESTIONS ON NOTICE

CL20.283 Notice of Motion - Martinvale Lane, Jaspers Brush HPERM Ref: D20/496806 Recommendation That the Chief Executive Officer 1. Prepare a report on options to elevate the causeway at Martinvale Lane, Jaspers Brush, and 2. Identify potential funding sources to execute the preferred option.

RESOLVED (Clr Wells / Clr Alldrick) MIN20.839 That Council: 1. Receive a report from the Chief Executive Officer on options to elevate the causeway at Martinvale Lane, Jaspers Brush, and 2. Identify potential funding sources to execute the preferred option. CARRIED

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CL20.284 Notice of Motion - Progress Report on SF10804 - 104 HPERM Ref: Taylors Lane Cambewarra D20/492375 Recommendation (Item to be determined under delegated authority) That the Chief Executive Officer submit a progress report on SF10804 to the December meeting of the Development and Environment Committee.

RESOLVED (Clr Wells / Clr Watson) MIN20.840 That Council receive a report from the Chief Executive Officer on SF10804 at the December meeting of the Development and Environment Committee. CARRIED

CL20.285 Notice of Motion - Breastfeeding Friendly Workplace HPERM Ref: Accreditation D20/509773 Recommendation That Shoalhaven City Council implement the steps to become accredited as a breastfeeding friendly workplace by the Australian Breastfeeding Association: 1. This includes providing a private, comfortable space to feed or express milk for their babies 2. Formulating a breast-feeding policy that clearly outlines support for lactation breaks to allow mothers to feed/express during the working day 3. Clearly and comprehensively communicating this policy to staff to develop a cultural shift within the organisation to a breast-feeding friendly workplace.

RESOLVED (Clr Alldrick / Clr Digiglio) MIN20.841 That Shoalhaven City Council implement the steps to become accredited as a breastfeeding friendly workplace by the Australian Breastfeeding Association: 1. This includes providing a private, comfortable space to feed or express milk for their babies 2. Formulating a breast-feeding policy that clearly outlines support for lactation breaks to allow mothers to feed/express during the working day 3. Clearly and comprehensively communicating this policy to staff to develop a cultural shift within the organisation to a breast-feeding friendly workplace. CARRIED

CL20.286 Notice of Motion - Climate Change HPERM Ref: D20/510067 Recommendation That the 1. Affirms its commitment to future generations in addressing catastrophic climate change and biodiversity loss through its on-going policies, strategies and leadership by supporting the declaration of a climate and biodiversity emergency. 2. Declare the climate and ecological emergency to communicate the urgency for change and a commitment to act, reflecting the urgency of the situation and setting a time frame for entering

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into an emergency mode as soon as is possible to halt biodiversity loss and reduce greenhouse gas emissions to net zero by 2025.

MOTION (Clr Digiglio / Clr Alldrick) That Shoalhaven City Council: 1. Affirms its commitment to future generations in addressing catastrophic climate change and biodiversity loss through its on-going policies, strategies and leadership by supporting the declaration of a climate and biodiversity emergency. 2. Declare the climate and ecological emergency to communicate the urgency for change and a commitment to act, reflecting the urgency of the situation and setting a time frame for entering into an emergency mode as soon as is possible to halt biodiversity loss and reduce greenhouse gas emissions to net zero by 2025.

Note: Clr Guile arrived at 5.32pm.

Clr Watson raised a Point or Order against Clr Alldrick regarding her comments about Clrs meeting in the Chambers during COVID-19 Stage 3 lockdown. The Mayor ruled in favour of the Point of Order and asked Clr Alldrick to withdraw comments and apologise. Clr Alldrick withdrew her comments and apologised.

Clr Digiglio raised a Point of Order against Clr Pakes for his comment about being a member of the Greens. The Mayor did not rule on the Point of Order, however asked all Clrs to raise Points of Order in accordance with the Code of Conduct.

The MOTION was PUT to the meeting and LOST FOR: Clr Findley, Clr Gartner, Clr Digiglio and Clr Alldrick AGAINST: Clr Gash, Clr Wells, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot

FORESHADOWED MOTION (Clr Gash / Clr Gartner) That Council reaffirm its previous resolution from CL20.59: “That the matter of item CL20.59 - Petition asking Council to declare a climate emergency in the Shoalhaven be deferred until such time that Council has dealt with the COVID-19 and the economic crisis.”

PROCEDURAL MOTION (Clr Gartner) That the FORESHADOWED MOTION be PUT. PROCEDURAL MOTION CARRIED

The FORESHADOWED MOTION was PUT to the meeting and LOST. FOR: Clr Findley, Clr Gash, Clr Gartner and Clr Alldrick AGAINST: Clr Wells, Clr White, Clr Digiglio, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot

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FURTHER FORESHADOWED MOTION (RESOLVED) (Clr Proudfoot / Clr Guile) MIN20.842 That Council: 1. Acknowledge the efforts of the international Community in coming together to attempt to mitigate the rate of global warming and its impact on world climate. 2. Continues to actively support its proactive policy of exploring all practical means of reducing its carbon footprint as a local endeavour to help mitigate the impacts on climate of global warming. FOR: Clr Findley, Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot AGAINST: Clr Digiglio FURTHER FORESHADOWED MOTION CARRIED

CL20.287 Notice of Motion - Proposed Princes Hwy Alignments HPERM Ref: D20/510104 Recommendation That Council staff invite representatives of Transport for NSW to brief councillors and senior staff on proposed alignments for the Princes Highway in our L.G.A.

RESOLVED (Clr Proudfoot / Clr White) MIN20.843 That Council staff invite representatives of Transport for NSW to brief councillors and senior staff on proposed alignments for the Princes Highway in the Shoalhaven Local Government Area. CARRIED

CL20.288 Notice of Motion - Recruitment of Employees - Update HPERM Ref: request D20/510146 Recommendation That Council staff prepare a report on how effective the recruitment of employees in areas that had been experiencing a significant shortage, has gone during in the past 12 months or so.

RESOLVED (Clr Proudfoot / Clr White) MIN20.844 That Council staff prepare a report on how effective the recruitment of employees in areas that had been experiencing a significant shortage, has gone during in the past 12 months or so. CARRIED

CL20.289 Notice of Motion – Dead Tree Removal - Evans Street HPERM Ref: D20/510181 Recommendation That Council staff facilitate the removal of the dead gumtree located in the road reserve near Lot 383 1 Evans Street, Lake Conjola as a matter of urgency.

RESOLVED (Clr Proudfoot / Clr Pakes) MIN20.845 That Council staff facilitate the removal of the dead gumtree located in the road reserve near Lot

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383 1 Evans Street, Lake Conjola as a matter of urgency. CARRIED

REPORT OF THE STRATEGY & ASSETS COMMITTEE - 10 NOVEMBER 2020

Procedural Motion – Items Resolved en block RESOLVED (Clr Wells / Clr White) MIN20.846 That the following matters be resolved en block: • SA20.213 - Notice of Motion - Donation Request - Slow Food Berry 2 Jervis Bay Inc. • SA20.220 - Further Update - Rent Relief - Occupiers of Council Owned or Management Properties • SA20.221 - Proposed Road Closure - Part Bolong Road Bomaderry - Shoalhaven Starches P/L • SA20.222 - Proposed Road Closure & Sale Jarretts Lane Kangaroo Valley • SA20.223 - Easement for Access Extinguishment Lot 48 DP 25550 and Road Dedication Lots 46 & 47 DP 25550 Island Point Road St Georges Basin • SA20.230 - Acquisition - Sewer Purposes - 9 Matron Porter Drive • SA20.231 - Acquisition of Easement - Sewer Purposes - 6 Woodlawn Avenue CARRIED

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

SA20.213 Notice of Motion - Donation Request - Slow Food Berry 2 HPERM Ref: Jervis Bay Inc. D20/480210 RESOLVED* (Clr Wells / Clr White) MIN20.847 That Council donate $3000 and provide approximately three (3) good loads of mulch and delivery (from the Unallocated Donations Budget) to Slow Food Berry 2 Jervis Bay Inc to support their work in planning and creating a large (1 acre) community vegetable garden to be worked by refugee communities on the South Coast. CARRIED

SA20.215 DPOP 2020-21 - Quarterly Performance and Budget HPERM Ref: Report (July-September) D20/459982 RECOMMENDATION That Council: 1. Receive the September Quarterly Performance Report on the 2017-2022 Delivery Program and 2020-2021 Operational Plan and publish on Council’s website. 2. Receive the September Quarterly Budget Review Report. 3. Adopt the budget adjustments as outlined in the September Quarterly Budget Review document.

Note: Clr Digiglio left the meeting at 6.47pm.

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RESOLVED (Clr Proudfoot / Clr Findley) MIN20.848 That Council: 1. Receive the September Quarterly Performance Report on the 2017-2022 Delivery Program and 2020-2021 Operational Plan and publish on Council’s website. 2. Receive the September Quarterly Budget Review Report. 3. Adopt the budget adjustments as outlined in the September Quarterly Budget Review document. CARRIED

SA20.220 Further Update - Rent Relief - Occupiers of Council HPERM Ref: Owned or Management Properties D20/421669 RESOLVED* (Clr Wells / Clr White) MIN20.849 That Council: 1. Extend the COVID19 rent-free period to: a. all tenancies listed (Attachment 1 – ‘Proposed Rent Relief Table’) 100% rent relief until 31st January 2021. b. all tenants listed as Community Organisations (Attachment 1 – ‘Proposed Rent Relief Table’) 100% rent relief until the 30 June 2021. 2. Delegate authority to the CEO (Director City Services) to provide Rent Relief to tenancies listed in Attachment 1 – ‘Proposed Rent Relief Table’ if a “hardship” case can be demonstrated as a result of the COVID19 crisis. The CEO (Director City Services) is to report all representations and decisions at an appropriate Budget Quarterly Review. CARRIED

SA20.221 Proposed Road Closure - Part Bolong Road Bomaderry - HPERM Ref: Shoalhaven Starches P/L D20/420227 RESOLVED* (Clr Wells / Clr White) MIN20.850 That Council: 1. Close approximately 103.2 sqm of Bolong Road, Bomaderry as per Attachment 1 (D20/460983) adjoining Lot 1 DP 838753 by way of a notice published in the Government Gazette; 2. Authorise the creation of any easements, including for services and any restriction on the use of the land in favour of Shoalhaven City Council across the portion comprised in the road closure at the time of finalising the survey plan; 3. Authorise the sale of the portion comprised in the road closure, per point 1 above, to Shoalhaven Starches (adjoining property owner) for $3,100 (plus GST if applicable). 4. Require the portion comprised in the road closure and the adjoining Lot 1 DP 838753 to be consolidated into one lot; 5. Require all costs associated with the road closure and sale be borne by Shoalhaven Starches and the net income from the sale be placed in the Property Reserve; and 6. Authorise the Chief Executive Officer 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.

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CARRIED

SA20.222 Proposed Road Closure & Sale Jarretts Lane Kangaroo HPERM Ref: Valley D20/458022 RESOLVED* (Clr Wells / Clr White) MIN20.851 That Council: 1. Close approximately 89.64 lineal metres of the unformed Jarretts Lane, Kangaroo Valley shown red on Attachment 1 (D20/458208) at the rear of 115A Jarretts Lane, Kangaroo Valley by a notice published in the Government Gazette. 2. Authorise the sale of the closed road to Trudie Nicole Jarnason (adjoining property owner) for $4,000 + GST (if applicable) 3. Require the portion comprised in the road closure be consolidated into one lot with Lot 1 DP 826997. 4. Require all costs associated with the road closure and sale to be borne by Stefan and Trudie Jarnason. 5. Authorise the Chief Executive officer 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. CARRIED

SA20.223 Easement for Access Extinguishment Lot 48 DP 25550 HPERM Ref: and Road Dedication Lots 46 & 47 DP 25550 Island Point D20/426031 Road St Georges Basin RESOLVED* (Clr Wells / Clr White) MIN20.852 That Council: 1. Resolve to dedicate Lots 46 & 47 DP 25550 Island Point Road St Georges Basin as Public Road pursuant to Section 10 of the Roads Act 1993; and 2. Approve the Extinguishment of the Right of Way over Lots 46 & 47 DP 25550 as no longer required due to the Road dedication under point 1 above; and 3. Approve the Extinguishment of the Easement for Access over Lot 48 DP 25550 Island Point Road St Georges Basin as no longer required due to the Road dedication under point 1 above; and 4. Grant authority to affix the Common Seal of the Council of the City of Shoalhaven to any documents required to be sealed and that the Chief Executive Officer be authorised to sign any documentation necessary to give effect to this Resolution. CARRIED

SA20.225 Creation of Asset Protection Zone over Council Unmade HPERM Ref: Road adjoining Lot 1 Sec 5 DP 758322 - 2 Jervis St, D20/461430 Currarong RECOMMENDATION That Council: 1. Resolve to approve the creation of an Asset Protection Zone over Council’s unmade road at

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Crookhaven Parade, Currarong adjoining the common northern boundary of Lot 1 Sec 5 DP 758322 as shown on Attachment 1 (D20/461554), by way of positive covenant in accordance with the provisions of Section 88E of the Conveyancing Act 1919’ 2. Require that the landowners of Lot 1 Sec 5 DP 758322 indemnify Council against any loss, injury or damages incurred whilst on Council owned land and undertaking the activities defined in the APZ Management Plan and pay all costs, fees and charges (including legal) associated with the creation of the positive covenant: and 3. Authorise the Chief Executive Officer 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.

Note: Clr Digiglio returned at 6.48pm

RESOLVED (Clr Watson / Clr Pakes) MIN20.853 That Council: 1. Resolve to approve the creation of an Asset Protection Zone over Council’s unmade road at Crookhaven Parade, Currarong adjoining the common northern boundary of Lot 1 Sec 5 DP 758322 as shown on Attachment 1 (D20/461554), by way of positive covenant in accordance with the provisions of Section 88E of the Conveyancing Act 1919’ 2. Require that the landowners of Lot 1 Sec 5 DP 758322 indemnify Council against any loss, injury or damages incurred whilst on Council owned land and undertaking the activities defined in the APZ Management Plan and pay all costs, fees and charges (including legal) associated with the creation of the positive covenant: and 3. Authorise the Chief Executive Officer 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. CARRIED

SA20.230 Acquisition - Sewer Purposes - 9 Matron Porter Drive HPERM Ref: Narrawallee D20/432758 RESOLVED* (Clr Wells / Clr White) MIN20.854 That: 1. Council acquire an Easement for sewerage purposes 2.4 metres wide over part of Lot 5 DP 216561, No. 9 Matron Porter Drive Narrawallee shown highlighted on Attachment 1. 2. Council pay compensation of $11,500 plus GST if applicable and reasonable legal costs associated with the acquisition to the owner in accordance with the provision of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer Fund. 3. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed. CARRIED

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SA20.231 Acquisition of Easement - Sewer Purposes - 6 HPERM Ref: Woodlawn Avenue Burrill Lake D20/435421 RESOLVED* (Clr Wells / Clr White) MIN20.855 That: 1. Council acquire an Easement for sewerage purposes 1.2 metres wide over part of Lot 82 DP 209662, No. 6 Woodlawn Avenue Burrill Lake shown highlighted on Attachment 1. 2. Council pay compensation of $5,000 plus GST if applicable and reasonable legal costs associated with the acquisition to the owner in accordance with the provision of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer Fund. 3. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed. CARRIED

REPORT OF THE SHOALHAVEN TOURISM ADVISORY GROUP - 26 OCTOBER 2020

Procedural Motion – Items Resolved en block RESOLVED (Clr Gash / Clr White) MIN20.856 That the following matters be resolved ‘en block’: • TA20.22 - Tourism Event Support Program • TA20.21 - River Festival Update • TA20.24 - Industry Feedback CARRIED

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

TA20.22 Tourism Event Support Program HPERM Ref: D20/429187 RESOLVED* (Clr Gash / Clr White) MIN20.857 That the Shoalhaven Tourism Advisory Group (STAG) formally request Council: 1. Recognise the importance of event partnerships to our visitor economy 2. Endorse the formalisation of the Event Support Funding Program, Guidelines, and Application Form, and 3. Proceed to implementation early 2021. CARRIED

TA20.21 River Festival Update HPERM Ref: D20/427524 RESOLVED* (Clr Gash / Clr White) MIN20.858 That the Shoalhaven Tourism Advisory Group recommend the below members and request Council officially appoint the 2020 River Festival Committee as follows:

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a. Committee Chair: David Fleeting (& Arts liaison) b. Treasurer: Gary Wells c. Secretary: Kim Willett d. Logistics: Anna Butler e. Lighting/Sound/Entertainment: Brendon Comber f. Water Co-Ordinator: Ron Cowlishaw g. Arts Advisor to the Committee: Marla Guppy CARRIED

TA20.24 Industry Feedback – Nowra Bridge request for Briefing – HPERM Ref: L’Etape Tour D20/437835 RESOLVED* (Clr Gash / Clr White) MIN20.859 That the Shoalhaven Tourism Advisory Group recommend to Council that: 1. Council request that the Contractors of the Nowra Bridge project provide a Briefing to the Shoalhaven Tourism Advisory Group. 2. Tourism Staff obtain further communication regarding the L’Etape Tour travelling through Kangaroo Valley and provide this information back to the Shoalhaven Tourism Advisory Group. CARRIED

REPORT OF THE SHOALHAVEN TRAFFIC COMMITTEE - 10 NOVEMBER 2020

Note: Clr Digiglio left the meeting at 6.49pm.

Procedural Motion – Items Resolved en block RESOLVED (Clr White / Clr Guile) MIN20.860 That the following matters be resolved en block: • TC20.43 - Major Event Road Closures - L'Etape Australia - 20 March 2021 (PN 3597) • TC20.45 - Proposed Parking Restrictions - O'Keefe Avenue - Nowra (PN 3615) • TC20.46 - Proposed Parking Restrictions - Silver Strand Circuit - Hyams Beach (PN 3619) • TC20.47 - Signage and Linemarking Plan - Boongaree Park Carpark - North Street Berry (PN 3552) • TC20.48 - Signage and Linemarking Plan - Lot 22 DP 1113929 - 79 Albatross Road (PN 3616) • TC20.49 - Signage and Linemarking Plan - Lot 1 DP 949932 - Taylors Lane Cambewarra - Residential Subdivision (PN 3617) • TC20.50 - Signage and Linemarking Plan - Lot 35 DP 262647 - Corks Lane Milton - Residential Subdivision (PN 3618) CARRIED

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

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TC20.43 Major Event Road Closures - L'Etape Australia - 20 HPERM Ref: March 2021 (PN 3597) D20/473212 RESOLVED* (Clr White / Clr Guile) MIN20.861 That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed road closures and traffic management measures proposed for the L'Etape Australia major cycling event, proposed to be held on 20 March 2021 (or at a later date subject to COVID-19 related public health orders) (per the attached plans). CARRIED

TC20.44 Proposed Roundabout - Larmer Avenue - The Park Drive HPERM Ref: (North) - (PN 3609) D20/435990 Recommendation That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed roundabout and associated signage and linemarking on Larmer Avenue and The Park Drive (North) Sanctuary Point, as per Plan No: D20/474004.

RESOLVED (Clr Proudfoot / Clr White) MIN20.862 That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed roundabout and associated signage and linemarking on Larmer Avenue and The Park Drive (North) Sanctuary Point, as per Plan No: D20/474004. CARRIED

TC20.45 Proposed Parking Restrictions - O'Keefe Avenue - HPERM Ref: Nowra (PN 3615) D20/473232 RESOLVED* (Clr White / Clr Guile) MIN20.863 That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed parking restrictions on O'Keefe Avenue, Nowra as per Plan No: D20/473582. CARRIED

TC20.46 Proposed Parking Restrictions - Silver Strand Circuit - HPERM Ref: Hyams Beach (PN 3619) D20/473294 RESOLVED* (Clr White / Clr Guile) MIN20.864 That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed parking restrictions on Silver Strand Circuit and adjoining sections of Cyrus Streets and Lister Circuit, as per Plan No: D20/473578. CARRIED

TC20.47 Signage and Linemarking Plan - Boongaree Park HPERM Ref: Carpark - North Street Berry (PN 3552) D20/473209 RESOLVED* (Clr White / Clr Guile) MIN20.865 That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed signage and line marking associated with the

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Boongaree Park Carpark, as per Plan No: D20/473599. CARRIED

TC20.48 Signage and Linemarking Plan - Lot 22 DP 1113929 - 79 HPERM Ref: Albatross Road West Nowra (PN 3616) D20/473236 RESOLVED* (Clr White / Clr Guile) MIN20.866 That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed signage and line marking associated with the development at 79 Albatross Road, West Nowra (per development consent condition 35), as per Plan No: D20/473568, subject to the following: 1. Removal of the shared zone signage from proposed plans as this is not enforceable within a private road 2. Installation of additional pedestrian warning signage to reinforce the pedestrian nature of this area and promote slower speeds 3. Consideration be given to the installation of traffic calming devices to promote slower speeds. CARRIED

TC20.49 Signage and Linemarking Plan - Lot 1 DP 949932 - HPERM Ref: Taylors Lane Cambewarra - Residential Subdivision (PN D20/473251 3617) RESOLVED* (Clr White / Clr Guile) MIN20.867 That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed signage, line marking and local area traffic management devices associated with the development at Lot 1 DP 949932, Taylors Lane Cambewarra (per development consent condition 35), as per Plan No: D20/473552. CARRIED

TC20.50 Signage and Linemarking Plan - Lot 35 DP 262647 - HPERM Ref: Corks Lane Milton - Residential Subdivision (PN 3618) D20/473270 RESOLVED* (Clr White / Clr Guile) MIN20.868 That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed signage and line marking associated with the development at Lot 35 DP 262647 - Corks Lane Milton (per development consent condition 43), as per Plan No: D20/473587. CARRIED

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REPORTS

CL20.293 Code of Conduct Complaints - Annual Statistics Report - HPERM Ref: 1 September 2019 to 31 August 2020 D20/509390 Recommendation That the Report of the Chief Executive Officer concerning complaints under the Code of Conduct for the period 1 September 2019 to 31 August 2020 be received for information.

Note: Clr Digiglio returned at 6.52pm

RESOLVED (Clr Wells / Clr Alldrick) MIN20.869 That the Report of the Chief Executive Officer concerning complaints under the Code of Conduct for the period 1 September 2019 to 31 August 2020 be received for information. CARRIED

CL20.294 Investment Report - October 2020 HPERM Ref: D20/509222 Recommendation That 1. The report of the Chief Executive Officer (City Performance) on the Record of Investments for the period to 31 October 2020 be received for information. 2. Council note Council’s investment portfolio returned 1.42% for the month of October 2020, exceeding the benchmark AusBond Bank Bill Index (0.13% pa) by 129 basis points (1.29%).

Note: Clr Pakes left the meeting at 6.54pm. RESOLVED (Clr Gartner / Clr Wells) MIN20.870 That: 1. The report of the Chief Executive Officer (City Performance) on the Record of Investments for the period to 31 October 2020 be received for information. 2. Council note Council’s investment portfolio returned 1.42% for the month of October 2020, exceeding the benchmark AusBond Bank Bill Index (0.13% pa) by 129 basis points (1.29%). CARRIED

CL20.295 Draft Financial Statements - Financial Year 2019/20 HPERM Ref: D20/509181 Recommendation That: 1. The Mayor, Deputy Mayor, the Chief Executive Officer and the Responsible Accounting Officer sign statements on the preparation of the Financial Statements for the year ended 30 June 2020 in accordance with Section 413(2)(c) of the Local Government Act 1993 and requirements under the Local Government Code of Accounting Practice and Financial Reporting Update No. 28

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2. The draft Financial Statements for the year ended 30 June 2020 be formally referred to Council’s external auditor, Audit Office of , in accordance with Section 413 of the Local Government Act 1993 3. Council present its audited Financial Statements and Audit Report to the public at the Ordinary Meeting of Council to be held on Tuesday 15 December 2020 and, in accordance with section 418 of the Local Government Act 1993, public notice of this date be placed on Tuesday 1 December 2020.

RESOLVED (Clr White / Clr Wells) MIN20.871 That: 1. The Mayor, Deputy Mayor, the Chief Executive Officer and the Responsible Accounting Officer sign statements on the preparation of the Financial Statements for the year ended 30 June 2020 in accordance with Section 413(2)(c) of the Local Government Act 1993 and requirements under the Local Government Code of Accounting Practice and Financial Reporting Update No. 28 2. The draft Financial Statements for the year ended 30 June 2020 be formally referred to Council’s external auditor, Audit Office of New South Wales, in accordance with Section 413 of the Local Government Act 1993 3. Council present its audited Financial Statements and Audit Report to the public at the Ordinary Meeting of Council to be held on Tuesday 15 December 2020 and, in accordance with section 418 of the Local Government Act 1993, public notice of this date be placed on Tuesday 1 December 2020. CARRIED

CL20.296 Residential Subdivision - Possible Purchase - HPERM Ref: Council Involvement Request D20/506875 Recommendation That Council in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, consider a separate confidential report on the possible acquisition of a property at Manyana.

RESOLVED (Clr Proudfoot / Clr Digiglio) MIN20.872 That Council in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, consider a separate confidential report on the possible acquisition of a property at Manyana. CARRIED

Note: Clr Pakes returned at 6.55pm.

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CL20.297 Peak Season Service Levels HPERM Ref: D20/488046 Recommendation That Council note the increase the Works and Services maintenance budget as a result of the “COVID19 tourism demand” from October to the end of January. These additional services to include: Bin collection $145,000 Amenity cleaning $ 23,000 Parks Cleaning $ 40,000 Total $208,000 With the necessary budget adjustments being made as part of the December Quarterly Review.

RESOLVED (Clr White / Clr Gash) MIN20.873 That Council note the increase the Works and Services maintenance budget as a result of the “COVID19 tourism demand” from October to the end of January. These additional services to include: Bin collection $145,000 Amenity cleaning $ 23,000 Parks Cleaning $ 40,000 Total $208,000 With the necessary budget adjustments being made as part of the December Quarterly Review. CARRIED

CL20.298 Shoalhaven Entertainment Centre - Improvements - HPERM Ref: Appointment of Builder D20/509312 Recommendation That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

RESOLVED (Clr White / Clr Proudfoot) MIN20.874 That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993. CARRIED

CL20.299 Tenders - Currarong Road Upgrade – CH7.5 – CH11.4 HPERM Ref: Km D20/512378 Recommendation (Item to be determined under delegated authority) That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

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RESOLVED (Clr Proudfoot / Clr Digiglio) MIN20.875 That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993. CARRIED

CL20.300 Development Application DA20/1349 Lot 1432 HPERM Ref: DP1231370 (no.4) Sand Drift Way Vincentia - Deferred D20/475817 from Development & Environment Committee Recommendation That Development Application DA20/1349 be determined by Council having regard to the reasons provided in this report as requested.

RESOLVED (Clr Proudfoot / Clr Watson) MIN20.876 That Council refuse the Development Application in accordance with the following reasons for refusal: 1. The information submitted with the development application does not satisfy the aims of the Shoalhaven Local Environment Plan 2014. (section 4.15(1)(a)(i) of Environmental Planning and Assessment Act, 1979) 2. The information submitted with the development application does not satisfactorily demonstrate that the site is suitable for the proposed development. (Section 4.15(1)(b) & (c) of Environmental Planning and Assessment Act, 1979) 3. The information submitted with the development application does not satisfactorily demonstrate compliance with the objectives of the R2 Low Density Residential Zone under the Shoalhaven Local Environmental Plan (SLEP) 2014. (section 4.15(1)(a)(i) of Environmental Planning and Assessment Act, 1979) 4. Having regard to the number of submissions received objecting to the proposal and the issues raised, it is considered that the site is not suitable for the proposed development. (Section 4.15(1)(d) of Environmental Planning and Assessment Act, 1979). 5. The location of car parking spaces does not allow the safe movement of vehicles entering and leaving the site. (Section 4.15(1)(c) of Environmental Planning and Assessment Act, 1979) 6. The location of a car space parallel with the front boundary is not acceptable in the streetscape. (Section 4.15(1)(c) of Environmental Planning and Assessment Act, 1979) 7. The location does not have capacity in the provision of health and other support services for the proposal (Section 4.15(b) of the Environmental Planning and Assessment Act 1979). 8. The granting of development consent is not considered to be in the public interest. (Section 4.15(1)(e) of Environmental Planning and Assessment Act, 1979). CARRIED

CL20.301 NSW Public Spaces Legacy Program - Successful Grant HPERM Ref: Funding D20/492074 Recommendation That Council receives the report advising of the successful application under the NSW Department of Planning, Industry and Environment (DPIE) Public Spaces Legacy program.

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RESOLVED (Clr Kitchener / Clr White) MIN20.877 That Council receives the report advising of the successful application under the NSW Department of Planning, Industry and Environment (DPIE) Public Spaces Legacy program. CARRIED

CL20.302 Petition - Paws4Shoalhaven - Dog Off Leash Areas HPERM Ref: D20/479052 Recommendation That Council 1. Accept the petition from Paws4Shoalhaven for information. 2. Advise the Paws4Shoalhaven Group of the Access Areas for Dog Review process and encourage their participation and engagement with them in this process.

RESOLVED (Clr Pakes / Clr White) MIN20.878 That Council: 1. Accept the petition from Paws4Shoalhaven for information. 2. Advise the Paws4Shoalhaven Group of the Access Areas for Dog Review process and encourage their participation and engagement with them in this process. CARRIED

CL20.303 Recovery into Resilience Plan HPERM Ref: D20/476391 Recommendation (Item to be determined under delegated authority) That Council 1. Note the Recovery into Resilience Project is an extension of, and consistent with, the vision of the successfully executed February 2020 Recovery Action Plan from the Currowan and Comberton Grange Bushfire; 2. Note that a dedicated funding stream has been sought for the Recovery into Resilience Project by the NSW State Government; 3. Endorse the attached November 2020 Recovery into Resilience Project Action Plan; and, 4. Endorse the ongoing engagement of Mr. Vince Di Pietro as the Recovery into Resilience Project Coordinator and Recovery into Resilience Project Team Chair.

RESOLVED (Clr Gash / Clr Gartner) MIN20.879 That Council: 1. Note the Recovery into Resilience Project is an extension of, and consistent with, the vision of the successfully executed February 2020 Recovery Action Plan from the Currowan and Comberton Grange Bushfire; 2. Note that a dedicated funding stream has been sought for the Recovery into Resilience Project by the NSW State Government; 3. Endorse the attached November 2020 Recovery into Resilience Project Action Plan; and, 4. Endorse the ongoing engagement of Mr. Vince Di Pietro as the Recovery into Resilience

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Project Coordinator and Recovery into Resilience Project Team Chair. CARRIED

Procedural Motion - Adjournment of Meeting PROCEDURAL MOTION (Clr Gartner / Clr Gash) That the meeting be adjourned for 15 Minutes to allow for refreshments. FOR: Clr Findley, Clr Gash, Clr Gartner, Clr Digiglio and Clr Alldrick AGAINST: Clr Wells, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot PROCEDURAL MOTION LOST

Procedural Motion - Adjournment of Meeting PROCEDURAL MOTION (Clr Gash) That the meeting be adjourned for 5 minutes to allow for refreshments. PROCEDURAL MOTION CARRIED.

The meeting adjourned the time being 7.16pm.

The meeting resumed the time being 7.21pm.

The following members were present:

Clr Amanda Findley - Chairperson Clr Joanna Gash Clr John Wells Clr Patricia White Clr Kaye Gartner – (Remotely) Clr Nina Digiglio Clr Annette Alldrick Clr Andrew Guile Clr Mitchell Pakes Clr Greg Watson Clr Mark Kitchener Clr Bob Proudfoot

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CONFIDENTIAL REPORTS

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

No members of the public made representations.

RESOLVED (Clr Wells / Clr Guile) MIN20.880

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.

CCL20.11 Manyana Residential Subdivision - Possible Purchase - Council Involvement Request 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. CCL20.12 Shoalhaven Entertainment Centre - Improvements - Appointment of Builder 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. CCL20.13 Tenders - Currarong Road Upgrade - CH7.5 - CH11.4 Km Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.10(A)(2)(d)(i) There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in- confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests. CARRIED

The meeting moved into confidential the time being 7.21pm.

The meeting moved into open session, the time being 7.58pm.

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REPORT FROM CONFIDENTIAL SESSION The following resolutions of the meeting, whilst closed to the public, were made public.

CCL20.11 Manyana Residential Subdivision - Possible Purchase - HPERM Ref: Council Involvement Request D20/501677 RESOLVED MIN20.881C That Council write to the Department of Planning Industry & Environment advising that Shoalhaven City Council has no funds to contribute to the Manyana Residential Subdivision acquisition. CARRIED Note: A Rescission Motion was received on this item following the conclusion of the meeting.

CCL20.12 Shoalhaven Entertainment Centre - Improvements - HPERM Ref: Appointment of Builder D20/509296 RESOLVED MIN20.882C That: 1. Council adopt option 1 as contained in the report. 2. The details of Option 1 remain confidential in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993 until contract is finalised. CARRIED

CCL20.13 Tenders - Currarong Road Upgrade - CH7.5 - CH11.4 Km HPERM Ref: D20/511492 RESOLVED MIN20.883C That 1. Council endorses the recommendation of the Tender Evaluation Team and accepts the Tender from Stefanutti Construction Pty Ltd for construction of Currarong Road Upgrade – CH7.5 – CH11.4 km at a total cost of $2,739,953.96 (excluding GST). Tender Reference 65375E 2. The contract documents and any other associated documents be executed on behalf of the Council in accordance with cl165 of the Local Government Regulation by the CEO (Director City Services), as the Principal’s Representative. 3. Council adopt the following revised funding strategy to allow for the completion the of Currarong Road component of the Federal Stimulus Safety Projects in particular: Stage 1b Currarong Road Upgrade – CH7.5 – CH11.4 km final pavement layer consisting of 150mm of quality road base. Estimated Cost $800,000 Stage 2 - Currarong Road Upgrade – CH11.4 – CH11.7 km Widen and rehabilitate and replace major drainage structure. Estimated cost is of the order of $900,000.

$3,600,000 20/21 NSW Safer Roads Grant $1,000,000 20/21 Existing General Fund Allocation $ 620,000 +any contingencies 21/22 General Fund allocation Noting that Stage 1b and Stage 2 may be negotiated as variations to the Tender from Stefanutti Construction Pty Ltd. CARRIED

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There being no further business, the meeting concluded, the time being 8.02pm.

Clr Findley CHAIRPERSON

Note: A Rescission Motion was received in relation to CCL20.11 - Manyana Residential Subdivision - Possible Purchase - Council Involvement Request signed by Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick.

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