shellharbour city council ordinary council meeting – 3 ... · 9/3/2019 · 1. acknowledgement to...

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 September 2019

This is page 1 of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 September 2019

Minutes of the Ordinary Meeting

of Shellharbour City Council held at the Council Chambers, Council Administration Centre

Shellharbour City Centre on Tuesday 3 September 2019 commencing at 6.30 pm

Present

Mayor, Councillor M Saliba Deputy Mayor, Councillor J Murray Councillor N Cattell Councillor M Hamilton Councillor K Marsh Councillor P Moran Councillor R Petreski

In attendance

General Manager C McIntyre A/ Director Council Sustainability M Chiodo Director Community and Customers M Boxall Director Amenity and Assets B Stewart Executive Manager / Public Officer F Lepouras Chief Financial Officer G Grantham Group Manager Services R Crowhurst Group Manager Asset Strategy W Peterson Manager Business and Investment T James Manager The Links R Stephenson Parks Manager S Rowe Manager Financial Services P Henderson Media Officer K Wells Senior Executive Assistant (Minute Taker) L Davey Councillor Support Officer J Frasca



1. Acknowledgement to Country

Shellharbour City Council acknowledges the Traditional Owners and Custodians of the Land on which we are meeting and pays its respects to Elders past, present and emerging. Webcasting and Emergency Plan Statement The Mayor read the usual advice regarding the webcasting of the meetings of the Council and the emergency plan for Council Meetings.

2. Apologies

Nil

3. Leave of Absence

Nil

4. Confirmation of Minutes

4.1 Ordinary Council Meeting 13 August 2019

162 RESOLVED: Marsh/Hamilton

That the Minutes of the Ordinary Council Meeting held on 13 August 2019 as circulated be taken as read and confirmed as a correct record of proceedings.

CARRIED UNANIMOUSLY

5. Disclosures of Interest

Nil

6. Condolences

The Mayor acknowledged the passing of Marg Belcher and extended Council’s condolences to her family.



The Council acknowledged the following deaths in the Local Government area. Mr Richard Bruce Griffiths of Albion Park

Mr Eric Joseph James formerly of Albion Park

Mrs Kerry McRae of Albion Park

Mr Glenn David Nixon of Albion Park

Mrs Rosanne Ayrton of Albion Park Rail

Mr Paul John Shepherd of Albion Park Rail

Mrs Dawn Judge formerly of Flinders

Ms Barbara Ring of Flinders

Ms Hannah ‘Anne’ Naughton of Mount Warrigal

Mr Henrique Cristovao Barracosa of Mount Warrigal

Mr Wasyl Miroshnyk of Oak Flats

Mr Neville Ratliff of Oak Flats

Mrs Cleola May Buttsworth of Shell Cove

Mr Colin Alfred Leadbeatter of Shell Cove

Mr Sandy McLachlan of Shellharbour Village

Mrs Marg Belcher of Warilla

Mr Herbert George Edwards of Warilla

163 A Motion of condolence was passed by all present standing for one minute’s silence.

7. Mayoral Statements / Reports / Presentations

The Mayor outlined the events she has attended since the last Council Meeting: 14/8/19 Tree Planting Day at Blackbutt Forest with local schools Illawarra Academy of Sport Reception 15-16/8/19 SEATS Meeting held at Mallacoota 17/8/19 Shine Bright like a Diamond Gala Night for the Disability Trust 20/8/19 Tourism Shellharbour Board Meeting



New Warilla Library construction tour 21/8/19 Attended a public meeting regarding the dredging of Lake

Illawarra 22/8/19 Catholic Business Connections Diocese of Wollongong Luncheon

in Campbelltown WAVE FM meet and greet with new appointed CEO Alison

Cameron and COO Rick Lenarcic 23/8/19 Tullimbar Primary School Beverley Whitfield Awards Stella Maris Catholic Primary School Beverley Whitfield Awards Southern Stars Performance 24/8/19 Albion Park CWAE Evening Branch – 18th Birthday celebration 26/8/19 Mt.Warrigal Public School Beverley Whitfield Awards Community Attitudes to Domestic Violence Workshop 27/8/19 Matilda’s Farm site visit regarding DA of adjoining land Donations and Sponsorship – presentation of cheques 28/8/19 Balarang Public School Beverley Whitfield Awards Meeting with Acting Superintendent Martin Hayston of Lake

Illawarra Police District Lake Illawarra Estuary Management Committee Meeting 29/8/19 Council presentation at Investment Information Night 30/8/19 Albion Park Rail Public School Beverley Whitfield Awards 1/9/19 2019 Tunbridge & Maddy Collier AFL Medal Presentation 2/9/19 National Australian Local Government Womens Association

Meeting Official launch of the Aboriginal Employment Recruitment &

Retention Toolkit 3/9/19 South Coast Clontarf Employment Forum 2019



8. Mayoral Minutes

Nil

9. Councillors' Statements / Reports

Nil

10. Reports

10.1 General Manager

10.1.1 International Campaign to Abolish Nuclear Weapons Australia (ICAN) (11263345)

164 RESOLVED: Saliba/Murray

Shellharbour City is deeply concerned about the grave threat that nuclear weapons pose to communities throughout the world. We firmly believe that our residents have the right to live in a world free of this threat. Any use of nuclear weapons whether deliberate or accidently, would have catastrophic far reaching and long lasting consequences for people and the environment. Therefore, we warmly welcome the adoption of the Treaty on the Prohibition of Nuclear Weapons by the United Nations in 2017, and we call upon the Australian Federal Government to sign and ratify it without delay.

CARRIED UNANIMOUSLY

10.2 Council Sustainability Directorate

10.2.1 Monthly Investment Report - July 2019 (11263348)

165 RESOLVED: Cattell/Petreski

That Council receive and note the attached Investment Portfolio report as at 31 July 2019.

CARRIED UNANIMOUSLY



10.2.2 Proposed Amendments to 2019-2020 Fees & Charges (11263346)

166 RESOLVED: Murray/Cattell

That:

1. Council endorse the Waste & Resource Recovery amendments, Building Services amendments and Property amendments to the 2019-2020 Fees & Charges to be placed on public exhibition for a period of 28 days calling for submissions.

2. If any relevant submissions are received as a result of public exhibition,

a report be submitted to Council for consideration detailing the public exhibition outcomes and with further recommendations regarding adoption.

3. If there are no relevant submissions received as a result of the public

exhibition and there are no substantial post public exhibition changes proposed for any other reasons, Council adopt the Proposed Amendments to 2019-2020 Fees & Charges included in this report.

CARRIED UNANIMOUSLY

10.2.3 2018/19 Draft Annual Financial Reports (11263344)

167 RESOLVED: Murray/Marsh

That:

1. Council note the draft 2018/2019 Annual Financial Reports. 2. Council approve the application of the signatures of the Mayor, another

Councillor, the General Manager and the Responsible Accounting Officer to the General Purpose and Special Purpose Statements.

3. The draft Annual Financial Reports be formally referred to Audit Office

of NSW for audit.

CARRIED UNANIMOUSLY



10.2.4 Lease Agreement - Historical Aircraft Restoration Society Inc (HARS) - Part Lot 10 DP 1157377 Airport Road Albion Park Rail (11261133)

MOTION: Murray/Marsh That:

1. Council rescind the resolutions made at the Ordinary Council Meeting of 4 September 2018, reference 199 as follows:

1. Council enter into a lease agreement with Historical Aircraft

Restoration Society Inc (HARS) for part Lot 10 DP 1157377 Airport Road, Albion Park Rail for aircraft parking purposes, for a period of twenty nine (29) years on the basis of annual rent of $11,182 plus GST per annum, subject to CPI annually and rent review every five years.

2. Historical Aircraft Restoration Society Inc (HARS) be responsible

for the preparation, lodgement and associated costs including legal costs for the Development Application and Subdivision of the land, and any future development of a proposed hangar on the site.

3. The Mayor and General Manager, or his nominated delegate, be

authorised to sign any documentation, including affixing of the Seal of Council, associated with the lease, with Historical Aircraft Restoration Society Inc (HARS) for part Lot 10 DP 1157377 Airport Road, Albion Park Rail.

2. Council enter into a series of four consecutive lease agreements for

five years each with the Historical Aircraft Restoration Society Inc (HARS) for part Lot 10 DP 1157377 Airport Road, Albion Park Rail for aircraft parking purposes, on the basis of annual rent of $16,960 plus GST per annum, subject to CPI annually and rent review every five years.

3. Historical Aircraft Restoration Society Inc (HARS) be responsible for

the legal and other associated costs in entering into a series of four consecutive lease agreements for five years each for part Lot 10 DP 1157377 Airport Road, Albion Park Rail.

4. Historical Aircraft Restoration Society Inc (HARS) be responsible for all

costs associated with the Development Application and construction on the proposed hangar for part Lot 10 DP 1157377 Airport Road, Albion Park Rail.

5. Council authorise the Mayor and General Manager, or his nominated

delegate, to sign, including affixing of the Seal of Council, any



documentation associated with the series of four consecutive lease agreements for five years each, with Historical Aircraft Restoration Society Inc (HARS) for part Lot 10 DP 1157377 Airport Road, Albion Park Rail.

Councillor Moran proposed the following amendment to recommendation 2, which was not accepted by the Mover:

2. Council enter into a series of four consecutive lease agreements for five years each with the Historical Aircraft Restoration Society Inc (HARS) for part Lot 10 DP 1157377 Airport Road, Albion Park Rail for aircraft parking purposes, on the basis of annual rent of $17,282 plus GST per annum, subject to CPI annually and rent review every five years.

168 The MOTION on being PUT to the Meeting was CARRIED UNANIMOUSLY

10.2.5 Tender 2019/40 Licence for Shell Cove Tavern Food Services and Catering (11263349)

169 RESOLVED: Murray/Hamilton

That:

1. Council enter into a Licence Agreement with Tenderer ‘A’ for a period of three and half years with two additional consecutive terms of two years each to operate commercial food services from all areas of the tavern.

2. Council authorise the Mayor and General Manager, or his nominated

delegate, to sign, including affixing of the Seal of Council, any documentation associated with Licence Agreement.

CARRIED UNANIMOUSLY

10.3 Community and Customers Directorate

Nil



10.4 Amenity and Assets Directorate

10.4.1 Management of the Illawarra District Weeds Authority (IDWA) to transfer to Illawarra Shoalhaven Joint Organisation (ISJO) (11262781)

170 RESOLVED: Cattell/Marsh

That Council:

1. Exercise its weed control function as the Local Control Authority under the Biosecurity Act 2015 jointly as the Illawarra District Weeds Authority, under the auspices of the Illawarra Shoalhaven Joint Organisation, in accordance with Section 377 of the Local Government Act, 1993.

2. Authorise the Mayor and General Manager, or his nominated delegate,

to sign, including affixing of the Seal of Council, any documentation associated with the Illawarra District Weeds Authority Agreement.

CARRIED UNANIMOUSLY

11. Committee Recommendations

11.1 Recommendations from the Traffic Committee Meeting held 7 August 2019 recommended for adoption.

171 RESOLVED: Moran/Hamilton

That the Recommendations from the Traffic Committee Meeting held 7 August 2019 be adopted.

CARRIED UNANIMOUSLY

12. Items for Information

12.1 Item for Information - Petition to Object to Dredging of Lake Illawarra Bays not being included in the Lake Illawarra Coastal Management Plan (11264489)

The item for information was formally noted.

12.2 Responses to Questions Taken on Notice from Previous Meetings (11267247)

The responses to the Questions Taken on Notice were formally noted.



13. Notices of Rescission/Alteration Motions

Nil

14. Notices of Motion

14.1 Notice of Motion submitted by Cr Kellie Marsh: Power Back-Up - Civic Centre and Libraries (11267250)

MOTION: Marsh/Moran

That Council officers prepare a report on the viability, cost and ongoing maintenance of the installation of permanent full time generators at the Shellharbour Civic Centre and all Council operated libraries.

The MOTION on being PUT to the Meeting was LOST 2 / 5

FOR VOTE - Cr Marsh, Cr Moran AGAINST VOTE - Cr Cattell, Cr Hamilton, Cr Murray, Cr Petreski, Cr Saliba

14.2 Notice of Motion submitted by Cr Peter Moran and Cr Kellie Marsh: Investment Income from Shell Cove Project (11268713)

MOTION: Moran/Marsh

That:

1. Council notes that it will receive a substantial dividend from the Shell

Cove project which may be invested.

2. Council also notes that any adopted Lake Illawarra Coastal Management Program will identify significant works which will be expected to require at least partial funding from Council.

3. Council therefore provides in principal support for allocating half the

annual income from any investment income received from investment of the Shell Cove dividends to works relating to the health of Lake Illawarra for the life of the first adopted Lake Illawarra Coastal Management Plan.





14.3 Notice of Motion submitted by Cr Peter Moran: Vegetation for planting on nature strips (11268716)

MOTION: Moran/Marsh

That Council officers provide a report on the advisability and possibility of providing to residents, free of charge, vegetation for planting on nature strips.



14.4 Notice of Motion submitted by Cr Kellie Marsh: Parking at the Airport (11269558)

MOTION: Marsh/Moran

That Council provide permanent free parking at the Airport, with the adopted Fees and Charges being adjusted accordingly.



15. Questions on Notice (must be submitted in writing)

Nil

16. Urgent Business

Nil

17. Confidential Business (Committee of the Whole in Closed Session)

Nil

18. Committee of the Whole in Closed Session (Closed to the Public): Adjournment

Nil



19. Committee of the Whole in Closed Session: Consideration of Adoption of Decisions Reached in Closed Session

Nil

20. Consideration of Motions to Declassify Reports Considered in Closed Session

20.1 Consideration of Motion to Declassify Report Considered in Closed Session: Sale of Operational Land - Lot 101 DP 1185867 Pioneer Drive Oak Flats (11253039)

172 RESOLVED: Moran/Marsh

That Council approve the declassification of the report presented to the Council meeting on 9 August 2016 Sale Of Operational Land – Lot 101 DP 1185867 Pioneer Drive Oak Flats (10746309) and that the declassified report be added to the Minutes of the Ordinary Council meeting of 3 September 2019 (Attachment 1).

CARRIED UNANIMOUSLY

Meeting closed 7.38 pm



Attachment 1 – Declassified Report as presented to Council on 9 August 2016 – Sale of Operational Land – Lot 101 DP 1185867 Pioneer Drive Oak Flats (10746309)

shellharbour city council ordinary council meeting – 3 ... · 9/3/2019 · 1. acknowledgement to...

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