Shoalhaven City Council

MINUTES OF THE STRATEGY AND ASSETS COMMITTEE

Meeting Date: Tuesday, 21 July 2020 Location: Council Chambers, City Administrative Centre, Bridge Road, Nowra Time: 5.00pm

The following members were present:

Clr John Wells - Chairperson Clr Joanna Gash Clr Amanda Findley Clr Patricia White Clr Kaye Gartner – (Remotely) Clr Nina Digiglio Clr Annette Alldrick – left at 7.00pm Clr John Levett – left at 6.23pm Clr Andrew Guile – left at 7.53pm Clr Mitchell Pakes Clr Greg Watson Clr Mark Kitchener Clr Bob Proudfoot – left at 6.55pm Mr Stephen Dunshea - Chief Executive Officer

Apologies / Leave of Absence Nil

Confirmation of the Minutes RESOLVED (Clr Guile / Clr White) MIN20.480 That the Minutes of the Strategy and Assets Committee held on Tuesday 09 June 2020 be confirmed. CARRIED

Declarations of Interest Clr Wells – SA20.124 - Proposed Road Closure Part Tarawara Street Bomaderry – less than significant non pecuniary interest declaration – will remain in the room and will take part in discussion and vote – “his youngest granddaughter attends the Nowra Anglican College Preschool”.

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Call Over of the Business Paper The following item were called up for debate: SA20.103, SA20.104, SA20.105, SA20.106, SA20.107, SA20.108, SA20.110, SA20.111, SA20.112, SA20.113, SA20.114, SA20.123, SA20.124, SA20.127, SA20.128, SA20.129, SA20.130 The remaining items were resolved en bloc (Clr Proudfoot/Clr White) at this time. They are marked with an asterisk (*) in these Minutes.

MAYORAL MINUTES Nil

DEPUTATIONS AND PRESENTATIONS SA20.104 - Notice of Motion - Southern Broadcasters - ACMA Proposal - Nowra Licence Area Plan Gavin Flanagan SA20.111 - Project Update - Elsie Young Memorial Reserve, Old Erowal Bay Travis Harpley SA20.124 - Proposed Road Closure Part Tarawara St Bomaderry Lorrae Sampson Lee Carmichael SA20.129 - Cities Power Partnership Program – New Pledges and Financial Contribution Peter McVay

NOTICES OF MOTION / QUESTIONS ON NOTICE

SA20.103 Notice of Motion - RMS - Princes Highway / Jervis Bay HPERM Ref: Road D20/268575 Recommendation (Item to be determined under delegated authority) That Shoalhaven City Council write to the Members for Kiama and South Coast and the Honorable MP reaffirming their position adopted in December 2018 that Council strongly supports the RMS’s concept 2 which shows a grade separated interchange to exit Jervis Bay Rd onto the highway heading north.

RESOLVED (Clr Proudfoot / Clr White) MIN20.481 That: 1. Council write to and seek a response from: a. Regional Development Australia, , Member For Willoughby, Premier; Andrew Constance, Member For Bega, Minister For Transport And Roads; , Member For Kiama, Minister For Families, Communities And Disability Services; , Member For South Coast, Minister For Local Government; , Member For Monaro, Minister For Regional NSW, Industry And Trade; , Member For Bathurst, Minister For Regional Transport And Roads and ,

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Member For Penrith, Minister For Jobs, Investment, Tourism And Western Sydney, seeking their unequivocal support for the construction of a “ fly-over “ ( grade separated intersection ) at Jervis Bay Road and the Princes Highway within 2 years, and indicate the responses received to the community. b. Jodi McKay, Member For Strathfield, Leader Of The Opposition; , Member For Kogarah, Shadow Minister For Transport; Jenny Aitchison, Member For Maitland, Shadow Minister For Investment And Tourism and Mick Veitch, MLC, Shadow Minister For Rural Roads, seeking their unequivocal support for the construction of a “ fly-over “ at Jervis Bay Road and the Princes Highway within 2 years or following an Opposition return to government, within 2 years of that return and indicate the responses received to the community. c. Fiona Phillips, Member For Gilmore, seeking her unequivocal support for a “ fly-over “ at the Jervis Bay Road and Princes Highway intersection, and further that she makes every possible representation to the Federal Government for funding for the much needed project. 2. Shoalhaven City Council undertake an all-embracing media and community engagement programme in order to clearly articulate its firm desire to ensure that the “ fly-over “ is constructed by 2022. This programme will be rolled out “ immediately “ and repeated on a very regular basis. The concise message being that no obstacle can stop the project from happening! 3. The points 1 to 3 above need to stand beside the notice of motion moved by Clr John Wells in February, 2018, which has given the then RMS an opportunity to consider it’s options as well as having put our politicians on notice. 4. Council seek a letter of support from SEATS for the grade separated interchange at Jervis Bay Road 5. Council support the petition prepared by Vincentia matters by distribution in Councils admin offices, library and Holiday haven Tourist parks for signatures 6. Council write to the VRRA, the Basin Villages Forum, Huskisson Woollamia Community Voice as well as all known community organisations advising them of the Council resolution and request their support for the petition. 7. Council note that the option as pictured below is the preferred option of the Vincentia Matters.

CARRIED

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SA20.104 Notice of Motion - Southern Broadcasters - ACMA HPERM Ref: Proposal - Nowra Licence Area Plan D20/273767 Recommendation (Item to be determined under delegated authority) That Council supports an appeal by the Southern Broadcasters to the ACMA proposal to vary the Nowra licence area plan.

Note: Clr Watson left the meeting 5.59pm

RESOLVED (Clr Gash / Clr White) MIN20.482 That Council supports an appeal by the Southern Broadcasters to the Australian Communications and Media Authority (ACMA) proposal to vary the Nowra licence area plan. CARRIED

SA20.105 Notice of Motion - L'Etape Australia 2020 - Tour de HPERM Ref: France D20/300728 Recommendation (Item to be determined under delegated authority) That the Chief Executive Officer prepare a report on the scope and cost of road repair and rehabilitation works required to minimise risk and deliver an acceptable standard of road surface to enable L’Etape Australia 2020 to undertake the Shoalhaven leg of the Tour.

RESOLVED (Clr Wells / Clr Pakes) MIN20.483 That the Chief Executive Officer prepare a report on the scope and cost of road repair and rehabilitation works required to minimise risk and deliver an acceptable standard of road surface to enable L’Etape Australia 2020 to undertake the Shoalhaven leg of the Tour. CARRIED

SA20.106 Notice of Motion - Berry Riding Club - Loan Request HPERM Ref: D20/300733 Recommendation That Berry Riding Club be granted a loan in the amount of $25,000 to enable the Club to acquire jumps for the Eventing Course being developed at the Berry Equestrian Centre of Excellence.

RECOMMENDATION (Clr Wells / Clr White) That Berry Riding Club be granted a loan in the amount of $25,000 to enable the Club to acquire jumps for the Eventing Course being developed at the Berry Equestrian Centre of Excellence. CARRIED

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SA20.107 Notice of Motion - Support for Local Shoalhaven HPERM Ref: Businesses D20/319336 Recommendation (Item to be determined under delegated authority) That Council 1. Acknowledge the hard work by all businesses in the Shoalhaven as they navigate through the COVID-19 pandemic. 2. Encourage local Shoalhaven businesses to apply for any government assistance if eligible. 3. Continue to support local Shoalhaven businesses through its COVID-19 relief package. 4. Acknowledge the work already undertaken by Council’s tourism department encouraging visitors back to our region. 5. Condemn the Shoalhaven Greens for openly encouraging its members to boycott local Shoalhaven businesses (See Attachments). 6. Request the Mayor, as the most senior member of the Shoalhaven Greens on Shoalhaven City Council, apologise on behalf of the Greens for any offence to local Shoalhaven businesses.

Note: Clr Watson returned to the meeting at 6.06pm

MOTION (Clr Pakes / Clr White) That Council: 1. Acknowledge the hard work by all businesses in the Shoalhaven as they navigate through the COVID-19 pandemic. 2. Encourage local Shoalhaven businesses to apply for any government assistance if eligible. 3. Continue to support local Shoalhaven businesses through its COVID-19 relief package. 4. Acknowledge the work already undertaken by Council’s tourism department encouraging visitors back to our region. 5. Condemn the Shoalhaven Greens for openly encouraging its members to boycott local Shoalhaven businesses (See Attachments). 6. Request that a member of the Shoalhaven Greens, apologise on behalf of the Greens for any offence to local Shoalhaven businesses.

Clr Guile raised a Point of Order against Clr Levett regarding comments he made about the CEO’s actions in allowing the attachments to the Notice of Motion to be included in the Business Paper.. The Chairperson ruled in favour of the Point of Order and asked Clr Levett to withdraw his comments and apologise. Clr Levett did not withdraw the comments. The Chairperson asked Clr Levett for a second time with withdraw his comments Clr Levett again did not withdraw his comment The Chairperson asked for a third time for Clr Levett to withdraw his comments. Clr Levett refused to withdraw his comments. PROCEDURAL MOTION – MOTION TO EXPEL (Clr Watson / Clr Guile) That Clr Levett be expeled from the meeting for failing to withdraw comments and apologise without resevation in accordance with the Code of Meeting Practice.

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FOR: Clr Wells, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot AGAINST: Clr Gash, Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett ABSTAINED: Stephen Dunshea (which is recorded as voting against) PROCEDURAL MOTION CARRIED ON THE CASTING VOTE. Clr Levett was expelled from the Meeting the time being 6.23pm

Clr Findley raised a Point of Order against Clr Watson regarding relevance to the item. The Chairperson ruled against the Point of Order Note: Clr Kitchener left the meeting at 6.53pm Clr Gash raised a Point of Order against Clr Watson regarding relevance to the item. The Chairperson ruled against the Point of Order Note: Clr Proudfoot left the meeting at 6.55pm Note: Clr Kitchener returned to the meeting at 6.56pm Clr Findley raised a Point of Order against Clr Pakes for making personal reflections and imputation without evidence. The Chairperson ruled against the Point of Order Note: Clr Alldrick left the meeting at 7.00pm PROCEDURAL MOTION – MOTION BE PUT (Clr Guile / Clr Gartner) That the MOTION be PUT.

RESOLVED (Clr Pakes / Clr White) MIN20.484 That Council: 1. Acknowledge the hard work by all businesses in the Shoalhaven as they navigate through the COVID-19 pandemic. 2. Encourage local Shoalhaven businesses to apply for any government assistance if eligible. 3. Continue to support local Shoalhaven businesses through its COVID-19 relief package. 4. Acknowledge the work already undertaken by Council’s tourism department encouraging visitors back to our region. 5. Condemn the Shoalhaven Greens for openly encouraging its members to boycott local Shoalhaven businesses (See Attachments). 6. Request that a member of the Shoalhaven Greens, apologise on behalf of the Greens for any offence to local Shoalhaven businesses. FOR: Clr Wells, Clr White, Clr Guile, Clr Pakes, Clr Watson and Clr Kitchener AGAINST: Clr Gash, Clr Findley, Clr Gartner, Clr Digiglio and Stephen Dunshea CARRIED

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Procedural Motion - Adjournment of Meeting RESOLVED (Clr Wells / Clr White) MIN20.485 That the meeting be adjourned for 30 minutes to allow for refreshments. CARRIED

The meeting adjourned the time being 7.02pm

The meeting reconvened the time being 7.31pm

The following members were present:

Clr John Wells - Chairperson Clr Joanna Gash Clr Amanda Findley Clr Patricia White Clr Kaye Gartner – (Remotely) Clr Nina Digiglio Clr Andrew Guile Clr Mitchell Pakes – returned at 7.32pm Clr Greg Watson Clr Mark Kitchener Mr Stephen Dunshea - Chief Executive Officer

REPORTS

SA20.108 Grant Funding Offer - Bushfire Tourism Recovery HPERM Ref: Initiatives Program - AUSTRADE D20/284945 Recommendation (Item to be determined under delegated authority) That Council 1. Accept the funding offer of $145,000 under the Reginal Tourism Bushfire Recovery Grant Program – Stream 2 2. Accept funding for Burradise Festival if an additional funding offer is made.

RESOLVED (Clr Findley / Clr Digiglio) MIN20.486 That Council 1. Accept the funding offer of $145,000 under the Reginal Tourism Bushfire Recovery Grant Program – Stream 2 2. Accept funding for Burradise Festival if an additional funding offer is made. CARRIED

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

SA20.109 Sponsorship Request - Rotary - Shoalhaven Emergency HPERM Ref: Services Community Awards D20/236037 RESOLVED* (Clr Proudfoot / Clr White) MIN20.487 That Council: 1. Accept the invitation to be a Partner of the Shoalhaven Emergency Services Community Awards as a Silver Awards Partner ($2,000) to a date to be determined – pending COVID-19 restrictions. 2. Fund the sponsorship from the Unallocated Donations Budget for 2020/21. CARRIED

SA20.110 Local Government Remuneration Tribunal - HPERM Ref: Determination - Councillor and Mayoral Fees - 2020/2021 D20/228313 Recommendation That Council: 1. Notes the Local Government Remuneration Tribunal’s Annual Report and Determination dated 10 June 2020. 2. Adjust the Councillor Fee to $24,320 and the Additional Mayoral Fee to $60,080 for the 2020/2021 financial year.

Note: Clr Pakes returned at 7.32pm

RECOMMENDATION (Clr Watson / Clr Guile) That: 1. Council notes the Local Government Remuneration Tribunal’s Annual Report and Determination dated 10 June 2020. 2. Council adjust the Councillor Fee to $24,320 3. Council increase the Mayoral fee by $4,000, include the new increased Councillor Fee of $24,320, the new increased Mayoral remuneration totals $77,570. FOR: Clr Wells, Clr Gash, Clr White, Clr Guile, Clr Pakes, Clr Watson and Clr Kitchener AGAINST: Clr Findley, Clr Gartner, Clr Digiglio and Stephen Dunshea CARRIED

SA20.111 Project Update - Elsie Young Memorial Reserve, Old HPERM Ref: Erowal Bay D20/167918 Recommendation (Item to be determined under delegated authority) That Council: 1. Receive this report as an update of the new playground at Elsie Young Memorial Reserve, Old Erowal Bay. 2. Review the community’s future priorities for Elsie Young Memorial Reserve as part of the Community Infrastructure Strategic Plan 2021 review, so that plans and costings can be developed for key priorities in Old Erowal Bay

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3. At the completion of the review, add the future priorities suitable for delivery to the capital works program in the long-term financial plan.

RESOLVED (Clr Findley / Clr Digiglio) MIN20.488 That Council: 1. Receive this report as an update of the new playground at Elsie Young Memorial Reserve, Old Erowal Bay. 2. Review the community’s future priorities for Elsie Young Memorial Reserve as part of the Community Infrastructure Strategic Plan 2021 review, so that plans and costings can be developed for key priorities in Old Erowal Bay 3. At the completion of the review, add the future priorities suitable for delivery to the capital works program in the long-term financial plan. CARRIED

SA20.112 Status Update - Adoption of Marriott Park Master Plan & HPERM Ref: Progress to Public Exhibition for Draft Concept Design D20/229141 and Consultation - Livvi's Place Inclusive Playground Recommendation (Item to be determined under delegated authority) That Council: 1. Note the adoption of the Marriott Park Master Plan following the Public Exhibition period in accordance with MIN20.31 2. Undertake community consultation on the Draft Concept Plan – Livvi’s Place Inclusive Playspace – Marriott Park; and a. If no significant feedback is received as part of the community consultation, the Draft Concept Plan – Variety Livvi’s Place Playground – Marriott Park be finalised and deemed adopted; or b. If significant adverse feedback is received, update the Draft Concept Plan – Variety Livvi’s Place Playground – Marriott Park and report the outcomes of the public exhibition period to Council prior to adoption. 3. Advocate for funding to deliver Marriott Park improvements as per the adopted Marriott Park Master Plan.

RESOLVED (Clr Findley / Clr White) MIN20.489 That Council: 1. Note the adoption of the Marriott Park Master Plan following the Public Exhibition period in accordance with MIN20.31 2. Undertake community consultation on the Draft Concept Plan – Livvi’s Place Inclusive Playspace – Marriott Park; and a. If no significant feedback is received as part of the community consultation, the Draft Concept Plan – Variety Livvi’s Place Playground – Marriott Park be finalised and deemed adopted; or b. If significant adverse feedback is received, update the Draft Concept Plan – Variety Livvi’s Place Playground – Marriott Park and report the outcomes of the public exhibition period to Council prior to adoption.

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3. Advocate for funding to deliver Marriott Park improvements as per the adopted Marriott Park Master Plan. CARRIED

SA20.113 Review of the Shoalhaven Heads Township Landscape HPERM Ref: Master Plan D20/228452 Recommendation (Item to be determined under delegated authority) That Council: 1. Commence a review of the Shoalhaven Heads Township Landscape Masterplan. 2. Undertake community consultation with the Shoalhaven Heads Community Forum and broader community to inform the review, including public exhibition of the revised Draft Shoalhaven Heads Township Landscape Masterplan for a minimum period of 28 days. 3. Report back to Council following community consultation with an update on the revised Shoalhaven Heads Township Landscape Masterplan prior to adoption.

RESOLVED (Clr White / Clr Guile) MIN20.490 That Council: 1. Commence a review of the Shoalhaven Heads Township Landscape Masterplan. 2. Undertake community consultation with the Shoalhaven Heads Community Forum and broader community to inform the review, including public exhibition of the revised Draft Shoalhaven Heads Township Landscape Masterplan for a minimum period of 28 days. 3. Report back to Council following community consultation with an update on the revised Shoalhaven Heads Township Landscape Masterplan prior to adoption. CARRIED

SA20.114 Grant Accepted - Warden Head Lighthouse Master Plan - HPERM Ref: Funds Re-vote 2020 / 2021 D20/250231 Recommendation (Item to be determined under delegated authority) That Council: 1. Receive this report for information which details the acceptance of a one-off grant of $45,000 (inclusive of GST) for the Warden Head Lighthouse Master Plan (Stage One) – Lot 290 DP 755967. 2. Approve re-voting these funds into the 2020/2021 financial year to facilitate completion of the Warden Head Lighthouse Master Plan. 3. Note that a letter conveying Council’s thanks has been sent to the Hon Bronnie Taylor MLC, Minister for Mental Health and the Government for this funding.

RESOLVED (Clr Findley / Clr Pakes) MIN20.491 That Council: 1. Receive this report for information which details the acceptance of a one-off grant of $45,000 (inclusive of GST) for the Warden Head Lighthouse Master Plan (Stage One) – Lot 290 DP 755967.

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2. Approve re-voting these funds into the 2020/2021 financial year to facilitate completion of the Warden Head Lighthouse Master Plan. 3. Note that a letter conveying Council’s thanks has been sent to the Hon Bronnie Taylor MLC, Minister for Mental Health and the Government for this funding. CARRIED

SA20.115 Update and Acceptance of Grants - NSW Showground HPERM Ref: Stimulus Funding D20/300818 RESOLVED* (Clr Proudfoot / Clr White) MIN20.492 That Council: 1. Notes the Round 1 agreements that have been entered, and Round 2 grant applications that have been submitted for the NSW Government ‘Showground Stimulus Funding’ program. 2. Proceed to execute the Funding Deeds for Round 1 projects in consultation with the Management Committees and Show Societies. 3. Accepts all grant funding that is awarded for projects as identified in this report and that this is reported through the Quarterly Budget Review process. 4. Authorise the CEO to enter into grant funding agreements for any funding received under Round 2 of this program. 5. Write to The Honourable Robert Stokes MP, Minister for Planning, The Honourable Shelley Hancock MP, Minister for Local Government, and Public Spaces Department of Planning, Industry and Environment – Crown Lands to thank them for the grant funding. CARRIED

SA20.116 House Keeping - Sussex Inlet Roads Dedication Under HPERM Ref: Sec 16 & 17 of the Roads Act 1993 D20/150535 RECOMMENDATION* (Clr Proudfoot / Clr White) That Council resolves to dedicate the land identified in Attachment 1 (D20/172897) at the intersection of River Road, Lyons Road & Ethel Street in Sussex Inlet, as a public road in accordance with the provisions of Sections 16 & 17 of the Roads Act 1993. CARRIED

SA20.117 Land Acquisition - Easement for Drainage - Lot 107 DP HPERM Ref: 1170860 Burralee Drive Worrigee D20/170594 RECOMMENDATION* (Clr Proudfoot / Clr White) That Council: 1. Acquire by agreement an easement to drain water 5 metres wide and variable-width over part of Lot 107 DP 1170860 Burralee Drive, Worrigee as shown on Attachment 1 (D20/171101). 2. Agree to pay compensation in the amount of $12,000 (excl GST) plus reasonable legal costs associated with the acquisition from Job No 75503 Forest Meadows Way Worrigee Easement acquisition, as easements were not created in favour of Council at the time of subdivision. 3. Authorise the Common Seal of the Council of the City of Shoalhaven be affixed to any document requiring to be sealed and delegate to the Chief Executive Officer authority to sign any documentation necessary to give effect to this resolution.

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CARRIED

SA20.118 Wondalga Farm - Disaster Assistance & Fodder HPERM Ref: Production Update D20/187739 RECOMMENDATION* (Clr Proudfoot / Clr White) That in respect to the Wondalga Farm, Council: 1. Continue to produce and provide Fodder for disaster (drought and fire) affected farmers and include any other stock owners requiring feed for animals throughout the state. 2. Sell fodder, by the bale at market rates according to fodder quality as determined by the CEO (Director Assets and Works). 3. Note that a report on the sale of Fodder from Wondalga Farm, as well as the status of the operating budget, will be presented in October 2020 (end of first quarter). 4. Note that a report on the long-term commercial management of Wondalga Farm as required in Part 6 of MIN 20.215, is expected to be presented in October 2020 (end of first quarter). CARRIED

SA20.119 Release of Drainage Easement and Restriction on the HPERM Ref: Use of Land - Molloy Street, Mollymook D20/205649 RECOMMENDATION* (Clr Proudfoot / Clr White) That Council: 1. Approve the release of the Easement to Drain Water 3 Wide and Restriction of Use of Land over Lot 32 DP 1190685, known as 52 Molloy Street, Mollymook; 2. Approve the release of the Easement to Drain Water 3 Wide and Restriction of Use of Land over Lot 59 DP 1204912, Part Lot 71 DP 1263187, Lots 112, 113, 114, 115 in DP 1215166, Lot 2 DP 1137611, Lot 110 DP 1215166, Lots 60 & 61 in DP 1219963 as & when Council receives applications from respective property owners; 3. Require all costs associated with the release of the easement to drain water and restriction of the use of land be met by the respective Registered Proprietor of the burdened land; 4. Require the Registered Proprietor accept the transfer of ownership and all future responsibilities, including any costs for existing infrastructure within Lot 32 DP 1190685; 5. Require all remediation works and associated costs within the easement area being the responsibility of the Registered Proprietor of the burdened land; 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. CARRIED

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SA20.120 Acquisition of Crown Land - Formalisation of Main HPERM Ref: Access to Integrated Emergency Management Centre D20/212671 (IEMC) and Nowra Racing Complex RECOMMENDATION* (Clr Proudfoot / Clr White) That Council: 1. Resolve to compulsory acquire Lot 5 DP 1265268 in approved plan of subdivision under SF10607 (land known as Dog Track Road) from NSW Department of Planning, Industry & Environment – Crown Land; 2. Pay compensation for the acquisition including all ancillary costs, in accordance with the determination of the Valuer General under the terms and conditions of the Land Acquisition (Just Terms) Compensation Act 1991 from job number 88810; 3. Approve the making of the necessary applications for compulsory acquisition to the Minister for Local Government and the Governor; 4. Dedicate Lot 5 DP 1265268 in approved plan of subdivision under SF10607 as a public road by way of a notice published in the Gazette under Section 10 of the Roads Act 1993 at the completion of the acquisition; 5. Approve that the Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed and that otherwise the Chief Executive Officer be authorised to sign any documentation necessary to give effect to the resolution. CARRIED

SA20.121 Proposed Retail Lease to The Brow Collective - 37a/43 HPERM Ref: Kinghorne Street Nowra D20/241094 RECOMMENDATION* (Clr Proudfoot / Clr White) That Council: 1. Enter into a two (2) year lease plus one (1) year option for Part Lot 1 DP 225912; retail shop known as 37a/43 Kinghorne Street Nowra with Jessica Norman, trading as The Brow Collective, at a commencement rent of $18,000 (excl GST) pa + outgoings with annual 3% increases. 2. Agree to a three (3) month rent free period, as per industry guidelines. 3. Require each party to pay their own legal costs relating to this matter. 4. Approve the Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed otherwise the Chief Executive Officer be authorised to sign any documentation necessary to give effect to this resolution. CARRIED

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SA20.122 Proposed Lease to Cash Stop Financial Services - 43/43 HPERM Ref: Kinghorne Street Nowra D20/262900 RECOMMENDATION* (Clr Proudfoot / Clr White) That Council: 1. Enter into a three (3) year lease plus three (3) year option for Part Lot 1 DP 225912; retail shop known as 43/43 Kinghorne Street Nowra with Cash Stop Financial Services Pty Ltd for the purpose of financial services and pawnbroking at a commencement rent of $20,000 (excl GST) pa + outgoings with annual 3% increases. 2. Agree to a three (3) month rent free period as per industry guidelines. 3. Require each party to pay their own legal costs relating to this matter. 4. Approve the Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed otherwise the Chief Executive Officer be authorised to sign any documentation necessary to give effect to this resolution. CARRIED

SA20.123 Land Acquisition - Road Widening - Part Lot 2 DP HPERM Ref: 124710 - 2 Lawrence Ave Nowra D20/276391 RECOMMENDATION* (Clr Proudfoot / Clr White) That Council: - 1. Acquire by agreement 50.5m2 area of land for road widening purposes over part of Lot 2 DP 276076 Lawrence Ave, Nowra, as shown on Attachment 1 (D20/276076). 2. Agree to pay compensation in the amount of $36,000 (excl GST) from the Property Reserve 3. Authorise the Common Seal of the Council of the City of Shoalhaven be affixed to any document requiring to be sealed and delegate to the Chief Executive Officer authority to sign any documentation necessary to give effect to this resolution. 4. Following acquisition, the land be dedicated as Public Road pursuant to Section 10 of the Roads Act 1993. CARRIED

SA20.124 Proposed Road Closure Part Tarawara Street Bomaderry HPERM Ref: D20/287620 Clr Wells – less than significant non pecuniary interest declaration – “his youngest granddaughter attends the Nowra Anglican College Preschool” – will remain in the room and will take part in discussion and vote.

Recommendation That Council reject the application to close part of the road reserve as per attachment 1 (D20/58909) at DP2886 Tarawara Street Bomaderry, between Princes Highway and Tarawal Street adjacent to Ringbalin Crescent lots 12 – 21 DP249575. Noting that: 1. Council is keen to work with the Nowra Anglican College to obtain certainty for them and the community with any proposed changes to their site in Bomaderry. 2. The Part Tarawara Street road closure can be further considered in conjunction with the Nowra Anglican College’s future Development Applications and will not be considered as a

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separated standalone matter because of the implications of incremental development with compounding impacts.

RECOMMENDATION (Clr Pakes / Clr Gash) That Council: 1. Close the unformed road reserve as per attachment 1 (D20/58909) at DP2886 Tarawara Street Bomaderry, between Princes Highway and Tarawal Street adjacent to Ringbalin Crescent lots 12 – 21 DP249575 by a notice published in the Government Gazette. 2. The CEO negotiate the sale of the closed road (if the closure proceeds) with the Nowra Anglican College in such a manner as to provide certainty as to the use of the road reserve prior to any transfer occurring. 3. Require all costs associated with the road closure be borne by the Nowra Anglican College. 4. Authorise the Common Seal of the Council of the City of Shoalhaven be affixed to any document requiring to be sealed and delegate to the Chief Executive Officer authority to sign any documentation necessary to give effect to this resolution. FOR: Clr Wells, Clr Gash, Clr White, Clr Guile, Clr Pakes, Clr Watson and Clr Kitchener AGAINST: Clr Findley, Clr Gartner, Clr Digiglio and Stephen Dunshea CARRIED

SA20.125 Tenders - Milton Ulladulla Croquet Courts HPERM Ref: D20/210360 RESOLVED* (Clr Proudfoot / Clr White) MIN20.493 That Council considers a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993. CARRIED

SA20.126 Tenders - Roundabout - Illaroo/West Cambewarra Rd, HPERM Ref: North Nowra D20/309902 RESOLVED* (Clr Proudfoot / Clr White) MIN20.494 That Council considers a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993. CARRIED

SA20.127 Draft Policy for Fee Waivers - Ranger Services Unit HPERM Ref: D20/2557 Recommendation (Item to be determined under delegated authority) That: 1. Council accept the Draft Policy for Fee Waivers – Ranger Services Unit 2. Council advertise the policy in accordance with the requirements of Section 610E of the Local Government Act 1993. 3. A further report be prepared for Council following the advertising period detailing any submissions made together with any suggested amendments to the draft policy.

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RESOLVED (Clr Findley / Clr Digiglio) MIN20.495 That: 1. Council accept the Draft Policy for Fee Waivers – Ranger Services Unit 2. Council advertise the policy in accordance with the requirements of Section 610E of the Local Government Act 1993. 3. A further report be prepared for Council following the advertising period detailing any submissions made together with any suggested amendments to the draft policy. CARRIED

SA20.128 Zero Tolerance Unregistered Dogs - Attack - Policy HPERM Ref: Review Working Party - Companion Animals / Restricted D20/196752 / Fighting breeds / Registration / Rehoming / Assessment Recommendation (Item to be determined under delegated authority) That Council: 1. Receive the information as provided to update on procedural actions taken to implement a zero tolerance in accordance with MIN20.264 2. Ensure these issues are included in the framework of the Responsible Pet Ownership social media project to be implemented in 2020/21, MIN20.356 3. Proceed with the creation of a working party as recommended in Part 3 of MIN20.264

Note: Clr Guile left the meeting at 7.53pm

RESOLVED (Clr Findley / Clr Digiglio) MIN20.496 That Council: 1. Receive the information as provided to update on procedural actions taken to implement a zero tolerance in accordance with MIN20.264 2. Ensure these issues are included in the framework of the Responsible Pet Ownership social media project to be implemented in 2020/21, MIN20.356 3. Proceed with the creation of a working party as recommended in Part 3 of MIN20.264 CARRIED

SA20.129 Cities Power Partnership Program - New Pledges and HPERM Ref: Financial Contribution D20/90309 Recommendation (Item to be determined under delegated authority) That: 1. Council determine to select the five (5) ‘Recommended’ Action Pledges (highlighted in Attachment 1) as its new pledges under the Cities Power Partnership program. 2. Council determine to approve a $2,000 voluntary financial contribution to the Cities Power Partnership program for 2020/21 funded from the Council’s Water fund.

Note: Clr Pakes left the meeting at 7.54pm

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RESOLVED (Clr Gartner / Clr Digiglio) MIN20.497 That: 1. Council determine to select the five (5) ‘Recommended’ Action Pledges (highlighted in Attachment 1) as its new pledges under the Cities Power Partnership program. 2. Council determine to approve a $2,000 voluntary financial contribution to the Cities Power Partnership program for 2020/21 funded from the Council’s Water fund. CARRIED

SA20.130 Sustainable Energy Strategy and Energy Management HPERM Ref: Update D20/283662 Recommendation (Item to be determined under delegated authority) That the Committee receive the Energy Management Update report and approved Sustainable Energy Strategy for information.

Note: Clr Pakes returned to the meeting at 7.56pm

RESOLVED (Clr Gartner / Clr Digiglio) MIN20.498 That the Committee receive the Energy Management Update report and approved Sustainable Energy Strategy for information. CARRIED

SA20.131 Acquisition of Easement for Water Supply - 172B&C HPERM Ref: Pointer Road Yatte Yattah D20/247587 RECOMMENDATION* (Clr Proudfoot / Clr White) That: 1. Council rescind MIN16.170. 2. Council acquire an Easement for Water Supply 3 wide over Lot 1 DP725956 and Lot 1 DP1244841 at Yatte Yattah, as shown highlighted and marked ‘A’ on DP1224571 and DP1244841, attached. 3. Council pay compensation of $6,000, plus GST if applicable, and reasonable legal costs associated with the acquisition in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, from Council’s Water Fund. 4. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed. CARRIED

SA20.132 Financial Assistance - Bushfires - Water Accounts HPERM Ref: D20/270143 RESOLVED* (Clr Proudfoot / Clr White) MIN20.499 That Council: 1. Affirm that applications for the Bushfire Assistance Water Usage Rebate will close 24 July 2020

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2. Receive for information the summary of financial assistance provided through: a. 2019/20 Quarter 3 Account Write-Off (properties damaged & destroyed) b. Bushfire Water Usage Rebate CARRIED

SA20.133 North Nowra Surcharge Main (NNSM) Replacement - HPERM Ref: Review of Environmental Factors D20/233274 RESOLVED* (Clr Proudfoot / Clr White) MIN20.500 That Council, after consideration of the Review of Environmental Factors for the Proposed Replacement of the North Nowra Surcharge Main (NNSM), dated June 2020: 1. Determine that it is unlikely that there will be any significant environmental impact as a result of the proposed works and an Environmental Impact Statement is therefore not required for the proposed activity. 2. Adopt and implement the proposed mitigation measures and controls outlined in the REF. CARRIED

SA20.134 Tenders - TM20 Lake Conjola Watermain Replacement HPERM Ref: D20/283100 RESOLVED* (Clr Proudfoot / Clr White) MIN20.501 That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993. CARRIED

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 Findley / Clr Gash) MIN20.502 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.

CSA20.9 Tenders - Milton Ulladulla Croquet Courts 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.

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CSA20.10 Tenders - Roundabout - Illaroo/West Cambewarra Rd, North Nowra Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.10(A)(2)(d)(i) There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in- confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests. CSA20.11 Tenders - TM20 Lake Conjola Watermain Replacement 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 7.57pm.

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

REPORT FROM CONFIDENTIAL SESSION

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

CSA20.9 Tenders - Milton Ulladulla Croquet Courts HPERM Ref: D20/209954 RESOLVED MIN20.503C That under delegated authority: 1. Council (Strategy & Assets Committee) endorses the recommendation of the Tender Evaluation Team and accepts the tender from Jirgens Civil Pty Ltd for Milton Ulladulla Croquet Courts at a total cost of $933,438.50 (excluding GST). 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 Assets & Works), as the Principal’s Representative. CARRIED

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CSA20.10 Tenders - Roundabout - Illaroo/West Cambewarra Rd, HPERM Ref: North Nowra D20/274577 RESOLVED MIN20.504C That: 1. Council (Strategy & Assets Committee) endorses the recommendation of the Tender Evaluation Team and accepts the tender from Menai Civil Contractors Pty Ltd for Construction of a Roundabout – Illaroo/West Cambewarra Rd, North Nowra for $1,468,011.52 (excluding GST). Tender Reference 63901E 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 Assets & Works), as the Principal’s Representative. CARRIED

CSA20.11 Tenders - TM20 Lake Conjola Watermain Replacement HPERM Ref: D20/283085 RESOLVED MIN20.505C That under delegated authority: 1. Council accept the Tender from Killard Infrastructure Pty Ltd for the TM20 Lake Conjola Watermain Replacement at a total cost of $1,474,826.11 (GST Exclusive) being $1,622,308.72 (GST Inclusive) . 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 Group Director - Shoalhaven Water. CARRIED

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

Clr Wells CHAIRPERSON

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