SHOALHAVEN CITY COUNCIL
ORDINARY MEETING
To be held on Tuesday, 10th February, 2009 Commencing at 4.00 pm
4th February, 2009 Councillors,
NOTICE OF MEETING
You are hereby requested to attend the Ordinary Meeting of the Council of the City of Shoalhaven, to be held in the Council Chambers, City Administrative Centre, Bridge Road, Nowra on Tuesday, 10th February, 2009 commencing at 4.00 pm for consideration of the following business.
R D Pigg General Manager Membership All Councillors BUSINESS OF MEETING
PRAYER: Reverend Sandra Spencer – Church at The Falls – Falls Creek
1. Australian National Anthem 2. Apologies 3. Confirmation of Minutes Ordinary Meeting – 27th January, 2009 Extra Ordinary Meeting – 29th January, 2009 4. Presentation of Petitions 5. Mayoral Minute 6. Deputations 7. Report of the General Manager Report of the Crown Reserve, Community & Commercial Operations Committee – 19th January, 2009 Report of the Works & Finance Committee – 27th January, 2009 Report of the Crown Reserve, Community & Commercial Operations Committee – 3rd February, 2009 Report of the Development Committee – 3rd February, 2009 Report of the Youth Advisory Committee – 28th January, 2009 8. Report of the General Manager Finance & Corporate Services Strategic Planning & Infrastructure 9. Addendum Reports
Note: The attention of Councillors is drawn to Section 451 of the Local Government Act and Regulations and Code of Conduct regarding the requirements to declare pecuniary and non-pecuniary Interest in matters before Council.
Cell Phones: Council’s Code of Meeting Practice states that “All cell phones are to be turned off for the duration of the meeting”.
LOCAL GOVERNMENT ACT 1993
Chapter 3
Section 8(1) - The Council’s Charter
(1) The council has the following charter: • to provide directly or on behalf of other levels of government, after due consultation, adequate, equitable and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively • to exercise community leadership • to exercise its functions in a manner that is consistent with and actively promotes the principles of multiculturalism • to promote and to provide and plan for the needs of children • to properly manage, develop, protect, restore, enhance and conserve the environment of the area for which it is responsible, in a manner that is consistent with and promotes the principles of ecologically sustainable development • to have regard to the long term and cumulative effects of its decisions • to bear in mind that it is the custodian and trustee of public assets and to effectively account for and manage the assets for which it is responsible • to facilitate the involvement of councillors, members of the public, users of facilities and services and council staff in the development, improvement and co-ordination of local government • to raise funds for local purposes by the fair imposition of rates, charges and fees, by income earned from investments and, when appropriate, by borrowings and grants • to keep the local community and the State government (and through it, the wider community) informed about its activities • to ensure that, in the exercise of its regulatory functions, it acts consistently and without bias, particularly where an activity of the council is affected • to be a responsible employer.
Australian National Anthem “Advance Australia Fair”
Australians all let us rejoice For we are young and free We’ve golden soil and wealth for toil, Our home is girt by sea: Our land abounds in nature’s gifts Of beauty rich and rare, In history’s page let every stage Advance Australia fair, In joyful strains then let us sing Advance Australia fair.
Beneath our radiant Southern Cross, We’ll toil with hearts and hands, To make this Commonwealth of ours Renowned of all the lands, For those who’ve come across the seas We’ve boundless plains to share, With courage let us all combine To Advance Australia fair. In joyful strains then let us sing, Advance Australia fair.
TABLE OF CONTENTS
MAYORAL MINUTE ...... 1 1. Australia Day Honours File 8229-02 ...... 1 GENERAL MANAGER - COMMITTEES...... 2 Crown Reserve, Community And Commercial Operations Committee – Tuesday 19th January 2009...... 2 2. Holiday Haven Tourist Parks – Ongoing Client Surveys File 9694-09 ...... 2 Works And Finance Committee – Tuesday 27th January 2009 ...... 2 3. Unallocated Donations Vote File 4771-07...... 2 4. De-corporatisation of NSW Councils File 1747 ...... 2 5. Review of Finance and Corporate Services Group Policies File 27448-03 ...... 2 6. Strategic Lantana Funding Advice File 39020...... 3 7. South Coast Community Sea Spurge – Control of Funding File 39025 ...... 3 8. Proposed Graffiti Removal Program File 1244-02...... 3 9. Berry Museum – Replacement of Sandstone Capping to Façade File 36869-02...... 3 10. Acquisition of Part of Lot 1 DP626391, 66 Albert Street, Berry File 35007 ...... 3 11. Huskisson Sportsground Extension Update File 3578-03 ...... 4 12. Maintenance of Bugong Road File 4499 ...... 4 13. Lake Conjola Entrance - Possible Closure File 2235-02 & 1438-03...... 4 14. Shoalhaven Mariners Baseball Association - Request for Interest Free Loan File 38917 ...... 4 15. Review of Policy - Road Sealing Contributions File 6820 ...... 5 16. Proposed One Way Traffic - Piscator Avenue and Beecroft Parade, Currarong File 34984 ...... 5 17. Proposed shared user pathway – Elizabeth Drive, Vincentia File 3693-02, 19631- 04 ...... 5 18. Jane Street Overbridge File 37603 ...... 5 19. Additional Item - Request for Urgent Repairs and Maintenance - Francis Ryan Reserve, Sanctuary Point File 1741...... 6 Crown Reserve, Community And Commercial Operations Committee – Tuesday 3rd February 2009 ...... 6 20. Village and Sea Pools - Supervision File 4410-14, 2233-06, 5070-03 ...... 6 21. Petition – Sussex Inlet Lions Park – BBQ Shelter Lights and Alcohol Prohibited Times Change Request File 2391-02 & 30669 ...... 6 22. Review of Emplacement of Plaques and Artefacts in Parks and Reserve Policy File 27803 ...... 6 23. Review of Community Gardens Policy File 32328 ...... 7 24. Review of Abseiling and Rock Climbing Policy File 14778...... 7 25. Review of Wedding Receptions on Public Reserves Policy File 6320 ...... 7 26. Arboretum in Curtis Reserve, Shoalhaven Heads File 39061, 2358-02, 33099 ...... 7 27. Ulladulla Multi Purpose Centre and Section 94 Funds File 35428 ...... 7 28. Request to Waive Garbage Service Charges - Milton Show File 2197 ...... 8
Table of Contents - Ordinary Meeting -10 February 2009
29. Principles for the Strategic Provision of Key Recreation & Community Facilities File 37488, 13775, 30436-05 ...... 8 30. Access Areas for Dogs Policy Proposed Amendment - Camp Quality Park, Berry - 24 Hour Dog Off-Leash Area File 3220-07...... 8 Development Committee – Tuesday 3rd February 2009 ...... 9 31. Jerberra Estate Rezoning Investigations Update – Rezoning Investigations File 2653-04 PDR...... 9 32. Proposed 3 Lot Subdivision of Lot 27 DP 1010083, Sanderling Place, Bawley Point. Applicant: Rygate and West. Owner: Buttenshaw. File SF10054(PDR)...... 9 33. Proposed Demolition of an existing dwelling and construction of a 3 storey Residential Flat Building containing 3 Units, on the 1st and 2nd Floors, in addition to 2 Tourist Accommodation Units and a Car Parking area for 9 vehicles, located on the Ground Floor - 19 Fegen Street, Huskisson. Applicant: ES Engineering Pty Ltd. Owner: PLM Investments Pty Ltd. File DA08/2051(PDR) ...... 9 34. Quarterly Progress Report - Key Performance Indicators File 1442 ...... 10 35. Additional Item - Alfresco Dining within Shoalhaven File 5213 ...... 10 Youth Advisory Committee – Thursday 28th January 2009...... 10 36. Inactive Members - Youth Advisory Committee File 1506-05...... 10 37. Youth Week 2009 File 1506-05...... 10 38. Shoalhaven Kokoda Experience 2009 File 1506-05 ...... 11 39. Additional Item - Y-Quest File ...... 11 FINANCE AND CORPORATE SERVICES ...... 12 40. Waiving of Hire Fees for Shoalhaven Entertainment Centre for Mayoral Ball File 30963 ...... 12 41. Authorisation of Signing Cheques File 2665-04 ...... 14 42. Re-establishment of Alcohol Free Zone – Kalandar Street, Nowra File 2706 ...... 15 STRATEGIC PLANNING AND INFRASTRUCTURE...... 18 43. Land Classification - Land Purchased at Auction for Overdue Rates 2008/2009 File 34531-02 ...... 18 44. Land Classification - Woollamia Road, Woollamia File 16401, 01104.46 ...... 19
Table of Contents - Ordinary Meeting -10 February 2009
MAYORAL MINUTE
ORDINARY MEETING
TUESDAY, 10TH FEBRUARY 2009
1. Australia Day Honours File 8229-02
I am pleased to advise that the following have been honoured in the recently announced Australia Day Honours.
Commodore Tim Barrett, AM, CSC, former Commanding Officer, HMAS Albatross has been appointed a Member (AM) of the Order of Australia in this year’s Military Division for exceptional service to the Royal Australian Navy as Director of Officers’ Posting and as Commander of the Australian Navy Aviation Group, based at HMAS Albatross.
Jim Walliss, OAM awarded the Medal of the Order of Australia for service to the community of the Shoalhaven, to the environment and to education.
I have taken the liberty of writing to the recipients congratulating them on the wonderful honour bestowed upon them and extending an invitation to them and their guest to dine with Council at a mutually convenient time.
RECOMMENDED that in recognition of the honours bestowed upon Commodore Tim Barrett, AM CSC and Jim Walliss, OAM that Council endorse the actions of the Mayor as outlined above having forwarded letters of congratulations to each of the recipients and an invitation to dine with Council at a mutually convenient time.
Paul Green Mayor
Ordinary Meeting-10 February 2009 Page 1
REPORT OF GENERAL MANAGER
ORDINARY MEETING
TUESDAY, 10TH FEBRUARY 2009
GENERAL MANAGER - COMMITTEES
CROWN RESERVE, COMMUNITY AND COMMERCIAL OPERATIONS COMMITTEE – TUESDAY 19TH JANUARY 2009
Finance and Corporate Services
2. Holiday Haven Tourist Parks – Ongoing Client Surveys File 9694-09
RECOMMENDED that the report of the General Manager (Finance and Corporate Services) regarding Holiday Haven Tourist Parks – Ongoing Client Surveys, be received for information.
WORKS AND FINANCE COMMITTEE – TUESDAY 27TH JANUARY 2009
Finance and Corporate Services
3. Unallocated Donations Vote File 4771-07
RECOMMENDED that
a) Council refuse to consider any further requests for financial assistance under the Unallocated Donations Vote as the funds have been expended and b) Requests for financial assistance under the Unallocated Donations Vote be held until the last meeting in June at which time any unexpended amounts from the committed funds may be considered to assist these additional projects
4. De-corporatisation of NSW Councils File 1747
RECOMMENDED that the report of the General Manager (Finance & Corporate Services) on De-corporatisation of NSW Councils be received for information.
5. Review of Finance and Corporate Services Group Policies File 27448-03
RECOMMENDED that Council reaffirm the following attached policies with proposed minor amendments (where relevant) as detailed in the report:
a) Plant Replacement Reserve (File 16352) b) Statement of Business Ethics (File 4092) c) Rates – Overdue Interest Rate (File 10945) d) Rates and Other Monies – Delegation to Write Off (File 31052)
Ordinary Meeting-10 February 2009 Page 2
City Services and Operations
6. Strategic Lantana Funding Advice File 39020
Clr Miller declared his Less than Significant Non Pecuniary Interest in this item, being that he receives Lantana funding, and did not take part in the discussion or vote on the matter.
RECOMMENDED that:
a) Council accept the grant offer of $95,875 from the NSW Environmental Trust for Strategic Lantana Control in Wandandian, Burrier and Berry. b) Council consider an adjustment to the Parks Operations budget in 2009/2010 and 2020/2011 as outlined in the report. c) Council write to the NSW Deputy Premier and Minister for Climate Change and the Environment The Hon Carmel Tebbutt MP, thanking her for the grant offer, and inviting her to inspect the proposed works in the Shoalhaven at her convenience.
7. South Coast Community Sea Spurge – Control of Funding File 39025
RECOMMENDED that
a) Council accept the grant offer of $57,900 for the northern component of the South Coast Communities Sea Spurge Control project, made under the Australian Government Coastcare program for the period 2009 and 2010. b) The General Manager (City Services & Operations) provide details regarding the Sea Spurge species to Councillors and Community Consultative Bodies for information.
8. Proposed Graffiti Removal Program File 1244-02
RECOMMENDED that a draft Graffiti Management Strategy be developed and be submitted to Council for consideration and that Council consider funding needs during discussions of the Draft 2009/2010 Budget.
Strategic Planning and Infrastructure
9. Berry Museum – Replacement of Sandstone Capping to Façade File 36869-02
RECOMMENDED that Council vote $50,000 from the 2008/09 community buildings minor works programme for the replacement of the sandstone capping on the façade of the Berry museum.
10. Acquisition of Part of Lot 1 DP626391, 66 Albert Street, Berry File 35007
RECOMMENDED that the General Manager (Strategic Planning and Infrastructure) schedule a Councillor Briefing regarding the upgrading of the Albert Street Car Park, Berry.
Ordinary Meeting-10 February 2009 Page 3
11. Huskisson Sportsground Extension Update File 3578-03
RECOMMENDED that
a) Council accept the proposal from Huskisson Soccer Club to meet the project budget shortfall of $42,000 through applying for funds of $21,000 to match the Club’s funds of $21,000 and provision of flood lighting be reviewed on receipt of tenders for the project; and b) Council seek to fund further project shortfalls and/or provision of flood lighting through the transferring of remaining funds from West Street Oval flood lighting (Job No. 82541) approximately $24,000, and remaining funds from Callala Sports Field Amenities Building Extension (Job No. 82535) of approximately $50,000 to be confirmed once the Callala Sports Field Amenities Building Extension project is completed.
12. Maintenance of Bugong Road File 4499
RECOMMENDED that due to other roads and projects in the city having a higher priority at this time, that additional special funds not be used for Bugong Road maintenance and that current maintenance, monitoring and gravel resheeting be continued as scheduled.
13. Lake Conjola Entrance - Possible Closure File 2235-02 & 1438-03
RECOMMENDED that
a) Council endorse the initiation of pre-work activities in accordance with the adopted Lake Conjola Entrance Management Plan and the Policy position resolved in May 2003 and continue monitoring the Decision Support Tool closely with funding of $15000 to be provided from Job No. 15813. b) A further report be submitted detailing recommended intervention works and associated costs following completion of stage 1 of the pre-work activities and on- going monitoring of the Decision Support tool; and c) Council apply for funding for dredging and pre-dredging activities under the NSW Government’s Estuary Management Program and consider an allocation of Council funds from an appropriate source when a definitive pathway is identified.
14. Shoalhaven Mariners Baseball Association - Request for Interest Free Loan File 38917
RECOMMENDED that
a) Council defer its decision to allocate a $10,000 interest free loan to the Shoalhaven Mariners Baseball Association for consideration in the 2009/10 budget process b) Council request the Shoalhaven Mariners Baseball Association to provide a Business Plan in support of their request for an Interest Free Loan.
Ordinary Meeting-10 February 2009 Page 4
15. Review of Policy - Road Sealing Contributions File 6820
RECOMMENDED that
a) Council consider provision of $7,500 per annum in conjunction with the 09/10 Management Plan/Budget process “to mitigate health hazards” by sealing isolated sections of gravel roads adjacent to properties. b) The wording of the Road Sealing Contributions policy be modified to include a specific minimum contribution of 75%.
16. Proposed One Way Traffic - Piscator Avenue and Beecroft Parade, Currarong File 34984
RECOMMENDED that Council not support the One Way Traffic Proposal and that the General Manager (Director Strategic Planning and Infrastructure) be requested to discuss the alternative proposal with shop keepers and the Currarong Progress Association with view to advertising the alternative arrangements.
17. Proposed shared user pathway – Elizabeth Drive, Vincentia File 3693-02, 19631-04
RECOMMENDED that Council
a) Commence construction of the footpath on the southern side of Elizabeth Drive, Vincentia (from Burton Street Mall to Holden Street) with the $84,038 funds available in 08/09 budget. b) Utilise the $50,000 funds available under the Regional and Local Community Infrastructure Funding Program, to design, advertise, and construct a shared pathway from Church Street eastwards along the foreshore route. c) Advertise the shared pathway on the foreshore route and a footpath on the Elizabeth Drive route with staging to be reported to Council at a later date when considering the 2009/12 and beyond forward pathway program staging. d) Advise the Vincentia Ratepayers and Residents Association accordingly.
18. Jane Street Overbridge File 37603
RECOMMENDED that
a) the RTA be advised that no artwork will be considered on the Jane Street Overpass Safety Screen and that no further enquiries be undertaken b) Council request that the existing banner framework be incorporated into the screen and that the management practice proceed as existing. c) Council investigate the ability to provide promotional signage in conjunction with the existing banner framework.
Ordinary Meeting-10 February 2009 Page 5
19. Additional Item - Request for Urgent Repairs and Maintenance - Francis Ryan Reserve, Sanctuary Point File 1741
RECOMMENDED that in respect to the urgent request for repairs to the Francis Ryan Reserve, Sanctuary Point the General Manager (City Services & Operations)
a) Urgently repair holes in the perimeter fencing b) Undertake urgent maintenance works on the amenities block c) Consider placing on future works programmes the completion of the top level of the perimeter fence, working in conjunction with the relevant sporting bodies.
CROWN RESERVE, COMMUNITY AND COMMERCIAL OPERATIONS COMMITTEE – TUESDAY 3RD FEBRUARY 2009
City Services and Operations
20. Village and Sea Pools - Supervision File 4410-14, 2233-06, 5070-03
RECOMMENDED that:
a) Council vote additional funds for the 2009-2010 swimming season to extend the opening hours for full supervision from 6.00 am to 6.00 pm at a cost of $75,244 + $7,500 Contact licensing fee – total cost $82,744; b) Council implement the fees and charges to sea pools; c) Council investigate the provision of an honesty/key system allowing patrons unrestricted access to Council’s Sea Pools; d) a) and b) above be on a 12 month trial basis.
21. Petition – Sussex Inlet Lions Park – BBQ Shelter Lights and Alcohol Prohibited Times Change Request File 2391-02 & 30669
RECOMMENDED that:
a) No changes be made to alcohol prohibited times, as it is consistent with Councils adopted policy. b) The operational hours for the lights at the BBQ shelter at Sussex Inlet Lions Park remain as being on from dusk to 8.00pm. c) A letter be sent to petitioners advising of Council’s decision.
22. Review of Emplacement of Plaques and Artefacts in Parks and Reserve Policy File 27803
RECOMMENDED that Council adopts the amended Parks and Reserves – Enhancement of Plaques and Artefacts Policy POL08/285 in accordance with the recommendations in the report.
Ordinary Meeting-10 February 2009 Page 6
23. Review of Community Gardens Policy File 32328
RECOMMENDED that Council:
a) Amend the policy to include wide community consultation be undertaken in the local area before approval is granted for a Community Garden; b) Adopts the amended Community Gardens Policy POL08/289 in accordance with the recommendations in the report.
24. Review of Abseiling and Rock Climbing Policy File 14778
RECOMMENDED that Council adopts the amended Abseiling and Rock Climbing Policy POL08/283 in accordance with the recommendations in the report.
25. Review of Wedding Receptions on Public Reserves Policy File 6320
Clr Green declared his pecuniary interest in the matter being that his business takes photos at weddings and left the room and did not take part in discussion or vote on the matter.
RECOMMENDED that Council adopts the amended Wedding Receptions on Public Reserves Policy POL08/298 in accordance with the recommendations in the report.
26. Arboretum in Curtis Reserve, Shoalhaven Heads File 39061, 2358-02, 33099
RECOMMENDED that Council support the establishment of a Park Care Group to further the possibility of an Arboretum at Curtis Reserve, Shoalhaven Heads, and advise the original proponents of the Arboretum.
RECOMMENDED that Council form a sub-committee of the Crown Reserve, Community and Commercial Operations Committee to investigate options for development of the Gateway Park, Nowra.
27. Ulladulla Multi Purpose Centre and Section 94 Funds File 35428
RECOMMENDED that:
a) the Interest Free Loans to Southern Shoalhaven Youth Services of $7,180.69 be cancelled; b) Funds of $2,497.44 from the Section 94 budget (05CFAC0010 Southern Shoalhaven District Branch Library) transferred to the loan advances to Community Groups budget to reimburse the loan amounts to that particular budget item; c) Council provide matching funds of $4,683.25 from the Community Plan Budget Job No 13030.
Ordinary Meeting-10 February 2009 Page 7
28. Request to Waive Garbage Service Charges - Milton Show File 2197
Clr Findley declared her less than significant non-pecuniary interest in the matter being that she is a member of the Milton Show Society.
RECOMMENDED that in regard to the Milton Show:
a) Council not waive the fees for Garbage Service Charges but provide recycling bins; b) Should the Milton Show Society accept the offer of recycling bins Council’s Waste Management Section work with the Milton Show Society to develop a strategic plan for ensuring the bins are used only for recyclables and the Milton Show Society provide adequate resources to achieve the plan; c) Council assess the results from the recycling and investigate options to offer recycling bins at all the ‘Shows’ held in the Shoalhaven.
Strategic Planning and Infrastructure
29. Principles for the Strategic Provision of Key Recreation & Community Facilities File 37488, 13775, 30436-05
RECOMMENDED that Council endorse the principles and assumptions contained in this report for the strategic planning of future recreation and community facilities.
30. Access Areas for Dogs Policy Proposed Amendment - Camp Quality Park, Berry - 24 Hour Dog Off-Leash Area File 3220-07
RECOMMENDED that
a) Council amend the Access Areas for Dogs Policy (POL08/148) by adopting Camp Quality Park, Berry as a 24 hour Dog Off-Leash area; b) Council amend the Access Areas for Dogs Policy (POL08/148), Section 3.4 “Maximum Penalties for Non Compliance” to read: Penalties for Non-Compliance“ Penalties for non-compliance apply under the NSW Companion Animal Act 1998”. c) Council amend the Access Areas for Dogs Policy to include the heading Associated Documents, referencing the NSW Companion Animals ACT 1998; d) Council review all requests regarding sites on an annual basis; and e) All Community Consultative Bodies are advised of Council’s resolution to Recommendation D.
Ordinary Meeting-10 February 2009 Page 8
DEVELOPMENT COMMITTEE – TUESDAY 3RD FEBRUARY 2009
Strategic Planning
31. Jerberra Estate Rezoning Investigations Update – Rezoning Investigations File 2653-04 PDR
RECOMMENDED that Council:
a) Continue to lobby the NSW Government, Minister for Planning, The Hon. Kristina Keneally and Minister for Climate Change and the Environment, The Hon. Carmel Tebutt to progress the rezoning within the Jerberra Estate; b) Prepare a brief for the Shadow Minister for Planning and Shadow Minister for Infrastructure, Mr Brad Hazzard MP, in relation to the Jerberra Estate rezoning; c) Investigate the proposal to reclassify part of Coomonderry Swamp, currently zoned ‘community’ to ‘operational’ for a potential conservation offset.
Development and Environmental Services
32. Proposed 3 Lot Subdivision of Lot 27 DP 1010083, Sanderling Place, Bawley Point. Applicant: Rygate and West. Owner: Buttenshaw. File SF10054(PDR)
RECOMMENDED that:
a) the request for pump-out service for the proposed subdivision SF10054 for the 3 lot subdivision of Lot 27 DP 1010083, Sanderling Place, Bawley Point, be approved subject to the full cost of the pump-out service being met by the users, and this be noted on the Section 149 (Planning) Certificate and the Title Deed of the affected allotments; and b) The application be determined under delegated authority.
33. Proposed Demolition of an existing dwelling and construction of a 3 storey Residential Flat Building containing 3 Units, on the 1st and 2nd Floors, in addition to 2 Tourist Accommodation Units and a Car Parking area for 9 vehicles, located on the Ground Floor - 19 Fegen Street, Huskisson. Applicant: ES Engineering Pty Ltd. Owner: PLM Investments Pty Ltd. File DA08/2051(PDR)
RECOMMENDED that in respect to Development Application (DA08/2051) for a Mixed Residential and Tourist Development at 19 Fegen Street, Huskisson, Council:
a) Accept the current proposal, as submitted for the reasons set out in their submission, by giving a policy direction to staff to accept the height bulk and setbacks of the development, in its proposed form, including any requirement to implement the 3rd storey component within the building’s roof area or to provide an entryway which is visible and easily accessible from Fegan Street; b) Give consideration to an immediate review of DCP 99 in conjunction with the Higher Density Code.
Ordinary Meeting-10 February 2009 Page 9
34. Quarterly Progress Report - Key Performance Indicators File 1442
RECOMMENDED that the report of the General Manager (Development and Environmental Services) regarding the Quarterly Progress Report – Key Performance Indicators be received for information.
General Business
35. Additional Item - Alfresco Dining within Shoalhaven File 5213
RECOMMENDED that a report be submitted to the Development Committee on the issue of Alfresco Dining within Shoalhaven that re-examines licence fees for kerbside areas with the view of simplifying and reducing the rates in order to encourage the uptake of kerbside dining.
YOUTH ADVISORY COMMITTEE – THURSDAY 28TH JANUARY 2009
Finance and Corporate Services
36. Inactive Members - Youth Advisory Committee File 1506-05
RECOMMENDED that the General Manager (Finance and Corporate Services) forward a letter to Corey Martin advising that he is no longer a serving member of the Youth Advisory Committee and thanking him for his contribution to the Committee.
City Services and Operations
37. Youth Week 2009 File 1506-05
RECOMMENDED that:
a) Council support all planned Youth Week events and activities to take place across the Shoalhaven during Youth Week 2009, 28 March – 5 April; b) Fees are waived for:
i. the use of Ulladulla Skate Park for the BMX jam/comp opening event, ii. the use of Marriott Park for the Youth Week 2009 culmination event and iii. waste services waived for both events as they are a part of Youth Week and are major Council events.
General Manager’s Note: Council's Policy - "Fees - Waiving Of Development Application and Other Fees For Charitable Organisations & Community Groups", reads in part:
Council’s policy exempts certain organisations from the payment of fees associated Development Applications subject to the following exemption criteria –
Ordinary Meeting-10 February 2009 Page 10
a) The applicant is a non-profit organisation which is either: • registered charity and evidence of registration as a charity has been provided to Council; or • a local community or sporting group which is recorded in Council’s Community Services Directory; or • schools and Council projects of a “Community” nature.
As both these events are being solely run by Council and are of a Community nature and these events are listed as part of Council's Community Plan for Youth, it is intended to waive the fees for the use of the facilities in accordance with the Policy
38. Shoalhaven Kokoda Experience 2009 File 1506-05
RECOMMENDED that Council act as the major coordinating body for the Shoalhaven Kokoda Experience 2009 project and:
a) That Council appoint a Steering Committee with Shoalhaven City Council’s Youth Development Officer, as the project coordinator and contact person. b) As coordinators of the project, Shoalhaven City Council will: i. accept and distribute sponsorship funds, ii. provide public liability cover for project activities in Australia, and iii. organise a final celebration event attended by participants, families and sponsors, with the Mayor presenting certificates of achievement. iv. this support be supplied by Council in-kind. c) The discount offered by the trekking company be distributed by the Steering Committee back to the individual participants via various means.
39. Additional Item - Y-Quest File
RECOMMENDED that Council authorise the funding of $550 from the Youth Advisory Committee budget for the purpose of supporting an entrant into the Y-Quest 2009 program.
R.D Pigg GENERAL MANAGER
Ordinary Meeting-10 February 2009 Page 11
REPORT OF GENERAL MANAGER
ORDINARY MEETING
TUESDAY, 10TH FEBRUARY 2009
FINANCE AND CORPORATE SERVICES
40. Waiving of Hire Fees for Shoalhaven Entertainment Centre for Mayoral Ball File 30963
Purpose of the Report:
This report is seeking the consideration of a request by the Shoalhaven City and Shoalhaven Lions Linear Accelerator and Cancer Treatment Fundraising Committee (LINAC) to assist with the conduct of a Mayoral Ball.
SUBMITTED for consideration
Options:
Option 1 That Council meet the cost of the hire cost and commission paid by the caterer of the Shoalhaven Entertainment Centre for the Mayoral Ball from the Unallocated Donations vote.
Option 2 That Council waive the hire fee and commission paid by the caterer for the Shoalhaven Entertainment Centre which is to be funded from foregone revenue.
Option 3 That Council not assist in supporting the waiving of hire fees for the Shoalhaven Entertainment Centre.
Option 4 That Council staff not assist in the operations of the Mayoral Ball.
Details/Issue:
A request has been received from the LINAC Committee for Council assistance in coordinating the Mayoral Ball convened for Saturday 16 May 2009 at the Shoalhaven Entertainment Centre. The proceeds of the event are intended to be shared between the charities Mission of Bravehearts Inc. and LINAC.
The request is seeking the following Council assistance:
Ordinary Meeting-10 February 2009 Page 12
• Waiving of the Fees for the Hire of the Shoalhaven Entertainment Centre • Waiving of the commission of 20% that the Contract Caterer for the SEC must pay to Council on the cost of catering. • Host a Mayoral Reception for up to 40 guests in Councils Committee Rooms • Design, print and distribute invitations to the Citizens of Shoalhaven • Assist in the Administration including ticketing and cash handling.
The cost of the venue for the event is between $650 with a layout for 410 up to $850, which allows a seating capacity of 702. These figures are based on a full cost recovery for maintenance, cleaning, staff, electricity and equipment hire.
Implications for Council
The effect of supporting these two groups will demonstrate the Councils’ commitment to them and move the LINAC project closer to realisation. This has been a project which has been consistently supported by Council and offering support is likely to result in a positive financial return to this project, which will support the needs of the community.
The Mission of Bravehearts Inc. is to set the standard in the provision of specialist therapeutic services and support to survivors of child sexual assault and their non- offending family; to facilitate highly effective preventative community education and awareness programs; to accumulate and disseminate relevant information; and thus; reduce the incidence of future child sexual assault in our society. This program has been supported by Council this year in the provision of an amount of $3,000 from the current year’s donations budget. Should Council support the requests, it needs to clearly differentiate between these Council sponsored charities and other similar requests that may come from other organisations.
Economic, Social & Environmental (ESD) Consideration:
There are social considerations related to this issue in that the charities involved will provide important infrastructure and services to the local community if they are successful in their fund-raising. The provision of a Linear Accelerator in the local area and the funding of support for counselling services for young victims of sexual abuse are vital outcomes for the local community.
Financial Considerations:
It is understood that the target of 400 tickets @ $100 each is anticipated for the Mayoral Ball with all proceeds to be shared equally between the 2 charities. There is a small amount ($1756.00) remaining from Councils’ Unallocated Donations vote due to the Milton Ulladulla Historical Society not proceeding with a loan of $2,000 approved on 24th November 2008 (Min 08.1463) that could be used to fund the hire of the facility. Council can fund a small reception in Council’s Committee Rooms as part of this event within existing budget allocations.
However the design, printing and distribution of invitations as well as financial and administrative functions will impact on staff resources.
Ordinary Meeting-10 February 2009 Page 13
41. Authorisation of Signing Cheques File 2665-04
Purpose of the Report:
Following a number of changes to staffing and employees on maternity leave within the Finance and Corporate Services Group the need exists for Council authorisation for staff to sign cheques and vouchers on Council’s behalf to be updated to facilitate operational requirements.
Details/Issue:
The staff to be removed from the present authorisation list are: Michelle McPherson and Emma Broomfield who are on maternity leave. The staff to be added to the revised authorisation list are: Susan Boardman and Mikaela Jaffrey who have recently commenced employment with Council.
The following list details those staff recommended to have authority to sign cheques on behalf of Council.
RECOMMENDED that
a) Council authorise any two of the following persons: Russell Desmond PIGG – General Manager Peter James DUN – Director Finance & Corporate Services Leigh William WALLACE – Corporate Business Manager Nancy Joan MARRIOTT – Financial Services Manager Gregory John ROBERTS – Executive Support Manager Susan Jennifer BOARDMAN – Financial Accountant Vanessa Jane PHELAN – Budget Accountant Mikaela Leanne JAFFREY – Assistant Financial Accountant Craig John Mitchell HOLLIER – Accounting Officer Neil Bradley STEWART – Management Accountant
i) operate on any account(s) now opened or to be opened by the Shoalhaven City Council with banks so long as the account(s) shall be in credit or at the bank’s discretion notwithstanding that they shall become thereby or be already overdrawn; ii) sign, draw, make, accept and negotiate in the name of Shoalhaven City Council cheques, bills of exchange, promissory notes and any other negotiate instruments and to obtain from the banks on behalf of the Shoalhaven City Council discounts and advances for such amounts and upon such times and conditions and pledge or deposit with the Banks such security for the repayment thereof as he/she shall think fit;
Ordinary Meeting-10 February 2009 Page 14
iii) deposit monies in the name of Shoalhaven City Council on fixed deposits for any term and to receive any interest due thereon and for these purposes to sign all necessary forms and documents and on repayment to endorse the fixed deposit receipt or receipts and give effectual discharges for the proceeds; iv) demand, receive and give valid receipts for any securities, boxes, scrip bonds, debentures, and other property which the banks may, at any time, receive or hold for safe custody or security on behalf of the Shoalhaven City Council. b) This authority will cancel and supersede all previous authorities except in respect of cheques and other instruments dated prior to this authority.
42. Re-establishment of Alcohol Free Zone – Kalandar Street, Nowra File 2706
Purpose of the Report:
Council has an alcohol free zone over Kalandar Street, Nowra. This zone is due for re- establishment and should Council wish to again declare this area as alcohol free, the statutory process will need to commence.
RECOMMENDED that the General Manager (Finance & Corporate Services) complete the statutory process, subject to compliance with the guidelines, for the re-establishment of the alcohol free zone covering Kalandar Street, from the corner of the Princes Highway in the West to the corner of Quadrant Street in the East, for a further four years.
Options:
a) Council resolve to complete the statutory process, subject to compliance with the guidelines, to re-establish the above alcohol free zone for a further four years, b) Council resolve to decline the re-establishment of the above alcohol free zone and remove associated signage.
Details/Issue:
This alcohol free zone covers Kalandar Street, from the corner of the Princes Highway in the West to the corner of Quadrant Street in the East.
Ordinary Meeting-10 February 2009 Page 15
Key : surrounds the alcohol free zone.
Council must commence the lengthy statutory requirements if it wishes to again declare these areas as alcohol free:
The Local Government Act 1993, Section 644 provides that:
• A Council may prepare a proposal for the establishment of an alcohol free zone on its own motion, • An alcohol free zone may be established in a public road or public car park, • Notification procedures relating to the establishment of alcohol free zones requires notification of additional parties and allow concurrent notification, • Recent changes to legislation have extended the maximum operating time of an alcohol free zone from three years to a maximum of four years. • Alcohol free zones may be enforced by Police Officers. Council Rangers may enforce alcohol free zones only if appointed as Enforcement Officers in writing by the NSW Police Commissioner. Council’s Rangers Services have not been appointed as Enforcement Officers.
Economic, Social & Environmental (ESD) Consideration:
Social Considerations for this item relate to community safety and wellbeing. Alcohol free zones are created in streets and car parks with the aim to reduce anti-social behaviour resulting from street drinking. Potential benefits relating to community safety and wellbeing should be weighed against the restriction an alcohol free zone places on the personal freedom of citizens.
Ordinary Meeting-10 February 2009 Page 16
Financial Considerations:
The direct costs associated with commencing the statutory process to re-establish the alcohol free zone are limited to advertising and general administration costs.
P.J. Dun DIRECTOR, FINANCE & CORPORATE SERVICES GROUP
R.D. Pigg GENERAL MANAGER
Ordinary Meeting-10 February 2009 Page 17
REPORT OF GENERAL MANAGER
ORDINARY MEETING
TUESDAY, 10 FEBRUARY 2009
STRATEGIC PLANNING AND INFRASTRUCTURE
43. Land Classification - Land Purchased at Auction for Overdue Rates 2008/2009 File 34531-02
This matter is reported direct to the Ordinary Meeting due to the need to finalise the matter and the period for public comment closing after the deadline for preparation of reports to the previous committees.
Purpose of the Report: To classify the following properties as operational land within the meaning of Section 31 of the Local Government Act 1993; Lot 189A in Deposited Plan 8770 – Birriga Avenue, Worrowing Heights. Lot 264 in Deposited Plan 8591 – Elouera Drive, Worrowing Heights. Lot 6 Section 26 in Deposited Plan 9063 – Griffin Street, Callala Beach. Lot 204 in Deposited Plan 8772 – Kinkuna Crescent, Worrowing Heights. Lot 74 in Deposited Plan 8590 – Naval College Road, Worrowing Heights. Lot 136 in Deposited Plan 8590 – Naval College Road, Worrowing Heights. Lot 138 in Deposited Plan 8590 – Naval College Road, Worrowing Heights. Lot 139 in Deposited Plan 8590 – Naval College Road, Worrowing Heights. Lot 77 in Deposited Plan 8590 – Nerreman Street, Worrowing Heights. Lot 100 & Lot 101 in Deposited Plan 8770 – Ooranye Garden, Worrowing Heights. Lot 12 in Deposited Plan 27814 – Sunnyside Avenue, Woollamia. Lot 8 in Deposited Plan 8770 – The Bindaree, Worrowing Heights. Lot 34 in Deposited Plan 8770 – The Bindaree, Worrowing Heights. Lot 23 Section 24 in Deposited Plan 9063 – The Corso, Callala Bay. Lot 6 & Lot 7 Section 2A in Deposited Plan 9063 – 69-71 Wearne Street, Callala Bay. Lot 244 in Deposited Plan 8772 – Wyeeboo Place, Worrowing Heights. Lot 210 in Deposited Plan 8772 – Wyeeboo Place, Worrowing Heights. Lot 35 in Deposited Plan 8771 – Birriga Place, Worrowing Heights. Lot 40 in Deposited Plan 8771 – Birriga Place, Worrowing Heights.
RECOMMENDED that: Council classify the following properties as “operational land” pursuant to Sections 31(2) and 34 of the Local Government Act 1993.
Options: Not applicable – procedural action.
Details/Issue: # Council acquired the abovementioned properties at the overdue rates sale held in November 2008 as per Minute 08.1402. (Attachment “A”).
Ordinary Meeting-10 February 2009 Page 18
Economic, Social & Environmental (ESD) Consideration: Not applicable – procedural action.
Financial Considerations: Not applicable – procedural action.
44. Land Classification - Woollamia Road, Woollamia File 16401, 01104.46
This matter is reported direct to the Ordinary Meeting due to the need to finalise the matter and the period for public comment closing after the deadline for preparation of reports to the previous committees.
Purpose of the Report: To classify Lot 488 DP27575 as operational land within the meaning of Section 31 of the Local Government Act 1993.
RECOMMENDED that: Council classify Lot 488 DP27575 as “operational land” pursuant to Sections 31(2) and 34 of the Local Government Act 1993.
Options: Not applicable – procedural action.
Details/Issue: # By way of Policy 07/18 adopted on 27 February 2007, Council resolved to accept transfer of land in accordance with Section 570 of the Local Government Act, 1993 within small lot rural subdivisions in lieu of unpaid rates and charges or accrued interest. (Attachment ”A”).
Council recently received a request from the owners of Lot 488 DP 27575 to accept their land. The allotment has now been transferred into Council’s name and Council has three months within which to classify the land, failing which it is classified as “community land”.
Lot 488 DP 27575 has been advertised in accordance with the terms of Section 34 of the Local Government Act 1993.
Economic, Social & Environmental (ESD) Consideration: Not applicable – procedural action.
Financial Considerations: Not applicable – procedural action.
E J Royston DIRECTOR, STRATEGIC PLANNING & INFRASTRUCTURE
J Gould R D Pigg ASSISTANT GENERAL MANAGER GENERAL MANAGER
Ordinary Meeting-10 February 2009 Page 19
SECOND MAYORAL MINUTE
ORDINARY MEETING
TUESDAY, 10TH FEBRUARY, 2009
1. Victorian Bushfires File 3926-03
On Saturday 7 February 2009 Victoria witnessed the biggest bushfires in the State’s history. At time of writing there were 173 people who had died in the fires, with many people admitted to hospitals for serious burns and injuries from the fires. This is now the biggest loss of life in Australia outside a war.
The fires of this scale are unimaginable and horrific to contemplate. The loss of lives and loved ones is difficult to consider.
I take this opportunity to extend my and Council’s heartfelt condolences to those people who have lost a loved one, a neighbour and a community.
For many of these people it will take months, if not years to recover from the devastation caused on 7 and 8 February.
Earlier this week I opened the Mayor’s Relief Fund to seek donations from all Shoalhaven citizens to provide support for the sufferers of the fires. I am asking people to give what they can, even a gold coin. We will ensure that these funds go towards the Australian Red Cross which is coordinating the fund raising which will go to help the victims.
I am also asking people – people who are able to – to consider giving blood through the Australian Red Cross blood service as there will be an urgent need for blood and blood products in the coming weeks as many people with burns undergo treatment.
As a final reminder let me say that in the Shoalhaven we have much area of the City which is prone to bushfire. Let me take this opportunity to remind all that you should have emergency plans in case of bushfires if you live in or near bushfire prone areas. And that you ensure that asset protection zones are not encroached upon or undervalued.
Council maintains Asset Protection Zones and Firebreaks at over 90 sites on a range of Council managed lands including parks, sportsgrounds, operational lands, natural areas and road reserves. Strategic installations and fire trails/roads are inspected annually to assess the status of existing bushfire protective measures and, if required, works are certified and implemented.
Council continues to participate in a number of working groups established by the Bushfire Risk Management Committee including the Fire Trails Working Group and the Fuel Management and Risk Management Sub-committees.
Ordinary Meeting-10th February, 2009 Page 1
RECOMMENDED that
i) the Mayor write to the Victorian Premier, John Brumby expressing the heartfelt condolences of the residents of the City of Shoalhaven to those Victorians who have suffered great loss as a result of the biggest bushfires in the State’s history. ii) Council make a donation of $5,000 to the Victorian Bushfire Appeal from General Fund Accumulated Funds.
Paul Green Mayor
Ordinary Meeting-10th February, 2009 Page 2
THIRD MAYORAL MINUTE
ORDINARY MEETING
TUESDAY, 10TH FEBRUARY, 2009
1. Request for Donation - Shoalhaven Small Business Club File 37207
The reason for the urgency of this Mayoral Minute is that a grant application under the Department of State and Regional Development Small Business Grants must be lodged within the next week.
Council at its meeting held on Tuesday, 20th January, 2009 resolved to:
a) Allocate $500 from the Economic Development Business Networking Expenses budget to assist with the establishment and running costs of a Shoalhaven Small (micro) Business Club, which will be co-ordinated by Illawarra ITeC. b) A further report be submitted to the Works and Finance Committee on the ITeC proposal detailing what role Council should play in assisting this venture and what role the Shoalhaven Business Chambers should play. Illawarra ITeC has recently received advice that the Department of State & Regional Development is prepared to consider granting the Shoalhaven Small Business Club a grant of $4,000 if they were in a position to match this amount on a dollar for dollar basis. Illawarra ITeC has been running similar Clubs in Wollongong and the Wingecarribee Council area with some success. These Clubs regularly attract 100 and 50/60 business people at their bi-monthly meetings. The Club is a business networking event aimed at assisting small (micro) business operators to develop their business skills and keep up- to-date with issues affecting small business. In addition to presentations from qualified guest speakers, the Club provides opportunities for small businesses to promote and market their own products and services. Networking and socialisation of the small business community will help in creating a stronger business base in the Shoalhaven. This will also create an opportunity for these small business owners to gain extra knowledge and skills from peers and experts. With a declining economy I believe it is imperative that Council is at the forefront of assisting our small businesses in the hope that no employment is lost in any downtown of the economy.
Ordinary Meeting-10th February, 2009 Page 1
RECOMMENDED that Council allocate $2,000 in the 2008/2009 budget and $2,000 in the 2009/2010 budget from the Economic Development Business Network Expansion Vote to the Illawarra ITeC Shoalhaven Small Business Club to be matched on a dollar for dollar basis by the Department State & Regional Development Small Business Grants.
Paul Green, Mayor
Ordinary Meeting-10th February, 2009 Page 2