SHELLHARBOUR CITY COUNCIL Minutes of the Ordinary Meeting ... · 12.06.2018 · Alliance for Healthy Cities (AFHC) Global Conference and General Assembly 2018 being held in Kuching,

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 12 June 2018

This is page 1 of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 12 June 2018

Minutes of the Ordinary Meeting

of Shellharbour City Council

held at the Council Chambers, Council Administration Centre

Shellharbour City Centre

on Tuesday 12 June 2018 commencing at 6.32 pm

Present

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

In attendance

General Manager C McIntyre Director Council Sustainability M Youell 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 City Planning G Hoynes Group Manager Organisational Performance E Woods Manager Financial Services P Henderson Manager Shell Cove K James Manager Property & Recreation D Flanagan Governance Manager R Kennedy Risk and Audit Manager I Smith Media Officer K Wells Senior Executive Assistant L Davey Councillor Support Officer (Minute Taker) 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 and present. 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

Ordinary Council Meeting Nil.

3. Leave of Absence

Nil

4. Confirmation of Minutes

4.1 Ordinary Meeting 22 May 2018

105 RESOLVED: Marsh/Petreski

That the Minutes of the Ordinary Council Meeting held on 22 May 2018 as circulated be taken as read and confirmed as a correct record of proceedings. CARRIED UNANIMOUSLY

4.2 Committee of the Whole 22 May 2018

106 RESOLVED: Murray/Cattell

That the Minutes of the Committee of the Whole (Confidential) Council Meeting held on 22 May 2018 as circulated be taken as read and confirmed as a correct record of proceedings. CARRIED UNANIMOUSLY



5. Declarations of Interest

Nil.

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

Nil

7. Condolences

The Council acknowledged the following deaths in the Local Government area.

Mr Malcolm Haseley of Albion Park

Mr Garnet Johnston of Albion Park

Mrs Margaret Jacklin formerly of Albion Park

Mr Robert John Miller of Albion Park Rail

Mrs Lorraine Wilson of Albion Park Rail

Mr Denis Francis Blinksell of Albion Park Rail

Mr Gusztav Laszlo of Barrack Heights

Mrs Mary Rose of Barrack Heights

Mr Kevin Stopher of Flinders

Mrs Jenny Doyle of Mount Warrigal

Mrs Kathleen Baer of Oak Flats

Mrs Helen Grimshaw of Oak Flats

Mr Steven James Burrows of Shellharbour

Mr John Coleiro of Shellharbour

Ms Helga Hermine Riehs formerly of Shellharbour

Mr Vincent Stone of Tullimbar

Mr Brian Kearney of Warilla

Ms Suzanne Smith of Warilla

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



8. Mayoral Statements / Reports / Presentations

The Mayor attended the following events since the last council meeting:

23/5/18 LGNSW Summit hosted by Council Volunteer Movie Night

24/5/18 Communities for Children Picnic

Talk to Stella Maris Students

Australia's Biggest Morning Team 25/5/18 Judging of Wild About Shellharbour Nature Photography Competition

State Librarian Visit- Dr John Vallance 2018 Good Neighbour Awards

26/5/18 Warilla Baptist Preschool - opening of second preschool

Shellharbour Surf Life Saving - Annual Club Presentation 28/5/18 Reconciliation School Flag Walk 29/5/18 Thomas & Margaret Woods 60th Wedding Anniversary 1/6/18 LGNSW Board Meeting 4/6/18 Wild About Shellharbour Nature Photography Competition Awards

Presentation 5/6/18 HCI & HPI Board Meeting 6/6/18 Core Values Celebration

The Mayor passed on the 6 Machine Gun Battalion Association appreciation to the staff, especially Toni Lindwall for all the hard work carried out on the Bass Point Cities Service Boston Commemoration event. She also passed on their appreciation to the General Manager, Carey McIntyre, Councillor Kellie Marsh and other Councillors who attended the Ceremony. The Mayor also congratulated Katrina Owers who was appointed an Honorary Member of the 6 Machine Gun Battalion Association in recognition of her contribution to the Bass Point Cities Service Boston Commemoration event over the many years she worked in the role as Events Officer. The Mayor passed on the Albion Park RSL Sub-Branches appreciation to Council staff, especially Ken Huckle and Michael Dywer for their contribution towards the installation of the life-size steel sculpture of a light horseman memorial at Mood Park.



9. Mayoral Minutes

9.1 Mayoral Minute: 8th Alliance for Healthy Cities (AFHC) Global Conference and General Assembly 2018 being held in Kuching, Sarawak, Malaysia from 17-20 October 2018 (11055687)

108 RESOLVED: Mayor Saliba

That Council approve attendance for Mayor Marianne Saliba to attend the 8 th Alliance for Healthy Cities (AFHC) Global Conference and General Assembly 2018 being held in Kuching, Sarawak, Malaysia from 17-20 October 2018. CARRIED 6/1 FOR VOTE - Cr Cattell, Cr Hamilton, Cr Marsh, Cr Murray, Cr Petreski, Cr Saliba AGAINST VOTE - Cr Moran

9.2 Mayoral Minute: Postponement of NSW Low Rise Medium Density Housing Code and the Preparation of a Housing Strategy (11057490) (refer to Attachment 1)

MOTION: Mayor Saliba

That Council:

1. Seek a twelve-month postponement of the introduction of the Low Rise Medium Density Housing Code in Shellharbour LGA and associated Standard Instrument LEP amendments to Shellharbour LEP 2013 that includes the introduction of "manor houses" into our R2 and R3 zones.

2. Prepare a Housing Strategy that addresses the appropriate provision of all

forms of housing for the community of Shellharbour.

3. Request a report from Council staff on the issues involved in preparing a Planning Proposal to consider amending Shellharbour LEP 2013 based on the implications of the Low Rise Medium Density Housing Code and associated Standard Instrument LEP amendments to Shellharbour LEP 2013.

Councillor Moran proposed the following addendum to the Motion, which was not accepted by the Mayor:

2. Prepare a Housing Strategy as a matter of urgency that addresses the appropriate provision of all forms of housing for the community of Shellharbour.



3. Request a report from Council staff as a matter of urgency on the issues involved in preparing a Planning Proposal to consider amending Shellharbour LEP 2013 based on the implications of the Low Rise Medium Density Housing Code and associated Standard Instrument LEP amendments to Shellharbour LEP 2013.

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

10. Councillors' Statements / Reports

Councillor Marsh acknowledged and congratulated former Shellharbour Citizen of the Year Lynette Thompson who was awarded an Order of Australia Medal for Service to the Community and Peter May from Albion Park Rail who received his honours for 25 years service to Marine Rescue NSW and Shellharbour.

11. Reports

Note: The Addresses to Council Forum was held prior to the Council Meeting from

4.30pm to 5.30pm.



110 RESOLVED: Murray/Hamilton

That Standing Orders be suspended in order for Items 11.1.2, 11.2.4 and 11.2.7, the subject of Addresses to Council, to be considered here in the agenda. CARRIED UNANIMOUSLY

Agenda Item No & Title

Page Ref

Name

General Manager

11.1.2 Adoption of Integrated Planning and Reporting (IP&R) Documents, the Sustainable Financial Strategy, Rates Policy and Recovery of Sundry Debts Policy (11050691)

21

Emma Grima on behalf of Christine Bernasconi Brett Moran – Oak Flats Cricket Club Paul Hockey Don Martin Sienna Kaschubs

Council Sustainability Directorate

11.2.4 Proposed Licence Agreement - The Scout

Association of Australia New South Wales Branch - Scout Hall at Lowe Park being Part Lot 200, DP 786257, Lowe Park, George Street, Warilla (11051192)

117

Andy Gollop Aaron Newton

11.2.7 Crown Reserves Managed by Shellharbour

City Council – Transition to the Crown Land Management Act 2016

135

Jodi Edwards Barry Bird




MOTION: Murray/Cattell

That:

1. Council incorporate the changes recommended in this report and adopt the Draft Community Strategic Plan 2018-2028, Draft Resourcing Strategy including the Draft Asset Management Policy, Draft Delivery Program 2018-2021 including the Draft Operational Plan 2018-2019 and Draft Revenue Policy and Fees and Charges 2018-2019, the Draft Sustainable Financial Strategy, Draft Rates Policy and Draft Recovery of Sundry Debts Policy.

2. An ordinary rate, consisting of an Ad-Valorem Rate of zero point two

eight seven six three cents in the dollar (0.28763) and a Base Amount of six hundred and eighty two dollars and seventy one cents ($682.71) per assessment in accordance with section 537 of the Local Government Act 1993 on all rateable land in the City of Shellharbour categorised as 'RESIDENTIAL, in accordance with Section 516 of the Local Government Act 1993, be now made for the period 1 July 2018 to 30 June 2019 and in accordance with section 543(1) of the Local Government Act 1993, this rate be named 'RESIDENTIAL'.

Further that the percentage of the base amount, pursuant to Section 500 of the Local Government Act 1993 is forty-five per cent (45%) of the total amount payable by the levying of the rate.

3. An ordinary rate, consisting of an Ad-Valorem Rate of zero point two

eight nine six four cents in the dollar (0.28964) per assessment on all rateable land in the City of Shellharbour categorised as 'FARMLAND' in accordance with Section 515 of the Local Government Act 1993 be now made for the period 1 July 2018 to 30 June 2019 and in accordance with section 543(1) of the Local Government Act, this rate be named 'FARMLAND'.

4. An ordinary rate, consisting of an Ad-Valorem Rate of one point one

zero nine four nine cents in the dollar (1.10949) per assessment on all rateable land in the City of Shellharbour used or zoned for professional/commercial trade or industrial purposes and determined to be a centre of activity and categorised as 'BUSINESS' in accordance with Section 518 of the Local Government Act 1993 be now made for the period 1 July 2018 to 30 June 2019 and in accordance with section 543(1) of the Local Government Act 1993, this rate be named 'BUSINESS'.



5. A Domestic Waste Service Charge of:

a. $540.00 per annum per 240 litre bin service (comprises fortnightly service of 240 litre garbage bin, 240 litre recycling bin and weekly collection of 240 litre Food Organics Garden Organics bin – ONLY for existing services prior to 1 July 2016)

b. $420.00 per annum per 140 litre bin service (comprises fortnightly collection of 140 litre garbage bin, 240 litre recycling bin and weekly collection of 240 litre Food Organics Garden Organics bin)

c. $400.00 per annum per 80 litre bin service (comprises fortnightly collection of 80 litre garbage bin, 240 litre recycling bin and weekly collection of 240 litre Food Organics Garden Organics bin)

d. $415.00 per annum per ALL 140 litre bin service (comprises fortnightly collection of 140 litre garbage bin, 140 litre recycling bin and weekly collection of 140 litre Food Organics Garden Organics bin)

e. $683.00 per annum charge for a weekly service for special needs households

f. $90.00 availability fee be now made for the period 1 July 2018 to 30 June 2019 in accordance with Section 496 of the Local Government Act 1993.

6. A Business Waste Service Charge of:

a. $595.00 per annum per fortnightly service (garbage, recycling &

organic waste); b. $420.00 per annum per fortnightly service (garbage only) c. $135.00 per annum per fortnightly service (recycling only) d. $435.00 per annum per fortnightly service (garbage and recycling

only) e. $165.00 per annum per fortnightly service (organic waste only) f. $195.00 per annum per fortnightly service (two recycling bins

only) be now made for the period 1 July 2018 to 30 June 2019 in accordance with Section 501 of the Local Government Act 1993.

7. A Stormwater Management Service Charge of:

a. $25 per residential assessment per annum b. $12.50 per residential strata unit per annum c. $25 per 350m2 (or part thereof) per business assessment per

annum capped at a maximum charge of $150 d. Business Strata Lots – pro rata per unit entitlement of business

calculation per annum ($5 minimum) be now made for the period 1 July 2018 to 30 June 2019 in accordance with section 496A of the Local Government Act 1993.



8. An interest rate of seven point five per cent per annum (7.50% p.a.), accruing daily on rates and charges that remain unpaid after they become due and payable, be now set for the period 1 July 2018 to 30 June 2019 in accordance with Section 566 of the Local Government Act 1993.

9. The amount of new loan borrowing application be $6,408,000 with

$6,408,000 to be borrowed if required from recognised banking institutions or government authorities. This loan will be secured by a mortgage over Council’s consolidated fund income.

10. Mayoral and Councillor fees be increased by 2.5 per cent from 1 July

2018. 11. The General Manager be authorised to make minor amendments to

adopted documents as required. 12. Council acknowledge and thank community members and

organisations for their participation and feedback during the process of developing the Integrated Planning and Reporting documents.

Councillor Moran moved the following amendment to the Motion, which was not accepted by the Mover:

That both Howard Fowles Oval amenities and Geoff Shaw Oval amenities budgets be increased by an amount sufficient to provide for a 30 square metre change room as requested by the clubs.

In relation to comments made in a public participation address, Councillor Marsh asked when the officer’s report on CCTV across Shellharbour city will be tabled at Council. The Director Community and Customers took the Question on Notice. Councillor Marsh asked if the placing of recycling bins at Bass Point was part of the review of Bass Point. The Director Amenity and Assets took the Question on Notice. Councillor Moran asked at what stage in the term of the long term financial plan would it be anticipated that council will be able to provide an all abilities playground in the City? The General Manager took the Question on Notice. 111 The MOTION on BEING put to the Meeting was CARRIED

UNANIMOUSLY



11.2.4 Proposed Licence Agreement - The Scout Association of Australia New South Wales Branch - Scout Hall at Lowe Park being Part Lot 200, DP 786257, Lowe Park, George Street, Warilla (11051192)

112 RESOLVED: Marsh/Murray

That:

1. Council commence the formal process to enter into a licence agreement with the Scout Association of Australia New South Wales Branch on behalf of 1st Warilla Scout Group for the occupation of the Scout Hall at Lowe Park being Part Lot 200, DP 786257, Lowe Park, George Street, Warilla for a period of five (5) years.

2. Council endorse that the proposal be placed on public exhibition for a

period of twenty-eight (28) days calling for submissions. 3. If any relevant submissions are received as a result of public exhibition,

or if there are substantial post public exhibition changes proposed for any other reasons, a report be submitted to Council for consideration detailing the public exhibition outcomes and with further recommendations regarding adoption.

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

exhibition, or there are no substantial post public exhibition changes proposed for any other reasons, Council enter into a licence for a term of five (5) years with the Scout Association of Australia New South Wales Branch on behalf of 1st Warilla Scout Group for the occupation of the Scout Hall at Lowe Park being Part Lot 200, DP 786257, Lowe Park, George Street, Warilla at an annual rental of $515.45 (exclusive of GST) plus annual increases by consumer price index.

5. Council note the annual "in-kind donation" in Council's aggregate

record of donations to the community. 6. The Mayor and General Manager, or his nominated delegate, be

authorised to sign any documentation associated with the licence, with the Scout Association of Australia New South Wales Branch on behalf of 1st Warilla Scout Group for the occupation of the Scout Hall at Lowe Park, George Street, Warilla, under Council Seal.

CARRIED UNANIMOUSLY



11.2.7 Crown Reserves Managed by Shellharbour City Council - Transition to the Crown Land Management Act 2016 (11051746)

113 RESOLVED: Cattell/Murray

That Council notify the Department of Industry – Land & Water of the changes to the categorisation of the relevant Crown Land as set out in Attachment 1 of the report ‘Crown Reserves Managed by Shellharbour City Council - Transition to the Crown Land Management Act 2016’. CARRIED UNANIMOUSLY

114 RESOLVED: Murray/Marsh

That Standing Orders be resumed.

CARRIED UNANIMOUSLY

11.1 General Manager

11.1.1 Organisational Structure (11050362)


That Council:

1. adopt the senior staff organisation structure as detailed in Attachment 1.

2. designate the positions of Director Council Sustainability, Director Community & Customers and Director Amenity & Assets as senior staff positions within the organisation structure of the Council, in accordance with Section 332 of the Local Government 1993.

CARRIED UNANIMOUSLY


This item was dealt with earlier in the agenda as it was the subject of Addresses to Council prior to the meeting (refer to Resolution 111).



11.1.3 Councillor Appointments to the Illawarra Shoalhaven Joint Organisation (11050821)


That:

1. The method of election be by show of hands to vote for the second delegate and alternate delegates to the Illawarra Shoalhaven Joint Organisation Board.

2. Council elect the second voting delegate on the Illawarra Shoalhaven

Joint Organisation Board. 3. Elect an alternate Councillor delegate for the Mayor and second voting

delegate positions on the Illawarra Shoalhaven Joint Organisation Board.

4. The appointments to the Illawarra Shoalhaven Joint Organisation Board

be until the Extraordinary Meeting in September 2018 where Council delegates and alternate representatives for all Committees and Working Parties.

CARRIED UNANIMOUSLY

The following nominations were received for the second voting delegate on the Illawarra Shoalhaven Joint Organisation Board: Councillor John Murray Councillor Kellie Marsh (withdrawn) Councillor Peter Moran

Vote

Murray (5) Moran (2) Delegate Elected:

Councillor John Murray

The following nominations were received for the alternate delegates and were elected unopposed: Alternate Delegates Elected:

Councillor Kellie Marsh Councillor Peter Moran



117 RESOLVED: Saliba/Murray

1. That Councillor John Murray be appointed as the second voting delegate to the Illawarra Shoalhaven Joint Organisation Board.

2. That Councillor Kellie Marsh be the alternate delegate for the Mayor and that

Councillor Peter Moran be appointed as alternate delegate for the second voting delegate to the Illawarra Shoalhaven Joint Organisation Board.

CARRIED UNANIMOUSLY

11.1.4 Election of Councillor Representatives to Council Committees, Working Parties, External Committees and Organisations Vacated by Councillor Peter Moran (11048931)


That:

1. The method of election be by show of hands for delegates and alternate delegates to Council Committees, working parties, external committees and organisations vacated by Councillor Peter Moran.

2. Elect delegates and alternate delegates to the Council committees,

working parties, external committees and organisations vacated by Councillor Peter Moran.

CARRIED UNANIMOUSLY

COUNCIL ADVISORY COMMITTEES

AUSTRALIA DAY COMMITTEE

Delegate Elected:

Councillor Kellie Marsh

SHELLHARBOUR ABORIGINAL ADVISORY COMMITTEE The following nominations were received for the delegate: Councillor Moira Hamilton Councillor John Murray (withdrawn) Delegate Elected: Councillor Moira Hamilton



COUNCIL GOVERNANCE PANELS SHELLHARBOUR CITY COUNCIL GOVERNANCE, RISK & AUDIT COMMITTEE Delegate Elected:

Councillor John Murray MISCELLANEOUS COUNCIL COMMITTEES EXTERNAL SHELLHARBOUR TRAFFIC COMMITTEE Alternate Delegate Elected:

Mayor Councillor Marianne Saliba

CDAC – COUNCIL DEVELOPMENT ADVISORY COMMITTEE

Alternate Delegate Elected:

Mayor Councillor Marianne Saliba HORSLEY CREEK FLOODPLAIN RISK MANAGEMENT COMMITTEE

Delegate Elected:

Councillor Nathan Cattell

MACQUARIE RIVULET FLOODPLAIN RISK MANAGEMENT COMMITTEE

Delegate Elected:

Councillor Kellie Marsh Alternate Delegate Elected: Councillor Nathan Cattell OAK FLATS / MT WARRIGAL / LAKE ILLAWARRA FLOODPLAIN RISK MANAGEMENT COMMITTEE

Delegate Elected:

Councillor John Murray WORKING PARTIES

AQUATIC FACILITIES WORKING PARTY



Delegate Elected: Councillor Robert Petreski SHELLHARBOUR CIVIC CENTRE - PROJECT CONTROL GROUP Delegate Elected:

Councillor Nathan Cattell SHELL COVE ADVISORY GROUP

Delegate Elected:

Mayor Councillor Marianne Saliba DUNMORE RESOURCE RECOVERY REDEVELOPMENT - PROJECT CONTROL GROUP

Delegate Elected: Councillor Robert Petreski DELEGATES TO OUTSIDE COMMITTEES AND ORGANISATIONS NSW PUBLIC LIBRARIES ASSOCIATION (NSWPLA) Delegate Elected: Councillor Kellie Marsh Alternate Delegate Elected:

Mayor Councillor Marianne Saliba LAKE ILLAWARRA ESTUARY MANAGEMENT COMMITTEE

Delegate Elected:

Councillor Nathan Cattell


That the election of delegates and alternate delegates to the Council committees, working parties, external committees and organisations vacated by Councillor Peter Moran be confirmed.

CARRIED UNANIMOUSLY



11.1.5 Nomination of Voting Delegates - Election of Vice President (Rural/Regional Councils) on the Board of the Local Government & Shires Association of NSW (11051900)

MOTION: Saliba/Murray

That Council:

1. determine the method of election be a show of hands of four voting delegates for the election of Vice President (Rural/Regional councils) on the Board of the Local Government and Shires Association of NSW.

2. elect four voting delegates for the election of Vice President

(Rural/Regional councils) on the Board of the Local Government and Shires Association of NSW.

The following nominations were received for the four voting delegates for the election of Vice President (Rural/Regional councils) on the Board of the Local Government and Shires Association of NSW: Mayor Councillor Marianne Saliba Councillor Kellie Marsh Councillor Robert Petreski Councillor Moira Hamilton Councillor Peter Moran Vote Saliba (6) Marsh (7) Petreski (7) Hamilton (6) Moran (2)

120 RESOLVED:

That Council:

1. determine the method of election be a show of hands of four voting delegates for the election of Vice President (Rural/Regional councils) on the Board of the Local Government and Shires Association of NSW.



2. That Councillors Saliba, Marsh, Petreski and Hamilton be elected as delegates for the election of Vice President (Rural/Regional councils) on the Board of the Local Government and Shires Association of NSW.

CARRIED 6/1 FOR VOTE - Cr Cattell, Cr Hamilton, Cr Marsh, Cr Murray, Cr Petreski, Cr Saliba AGAINST VOTE - Cr Moran

11.1.6 Appointment of an Independent Member for Council's Governance, Risk and Audit Committee (11051903)

121 RESOLVED: Murray/Cattell

That Council appoint Mr Anthony Gearon to the vacant independent member position on Council's Governance, Risk and Audit Committee for a 3 year term commencing on 20 June 2018. CARRIED 6/1 FOR VOTE - Cr Cattell, Cr Hamilton, Cr Marsh, Cr Murray, Cr Petreski, Cr Saliba AGAINST VOTE - Cr Moran

11.2 Council Sustainability Directorate

11.2.1 Shell Cove Progress Report to 3 June 2018 (11040371)

122 RESOLVED: Murray/Petreski

That the progress report for the period from 19 February 2018 to 3 June 2018 for the Shell Cove Project be received and noted.

CARRIED UNANIMOUSLY

11.2.2 Monthly Investment Report and Proposed Amendments to the Investment Policy - April 2018 (11051124)

123 RESOLVED: Marsh/Murray

That:

1. Council receive and note the attached Investment Portfolio report as at 30 April 2018.



2. Council endorse the attached amended Investment Policy for public exhibition for a period of 28 days calling for submissions.

3. 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.


exhibition and there are no substantial post public exhibition changes proposed for any other reasons, Council adopt the Investment Policy as attached to this report.

CARRIED UNANIMOUSLY 124 RESOLVED: Moran/Murray

That the meeting be adjourned for five minutes. CARRIED UNANIMOUSLY

Meeting adjourned 8.16pm Meeting resumed 8.25pm

11.2.3 Proposed Licence Agreement - The Scout Association of Australia New South Wales Branch - Scout Hall at Albion Park Showground being Part Lot 1000, DP 813443, Albion Park (11051191)


That:

1. Council commence the formal process to enter into a licence agreement with the Scout Association of Australia New South Wales Branch on behalf of 1st Albion Park Scout Group for the occupation of the Scout Hall located within Albion Park Showground being Part Lot 1000, DP 813443, Albion Park for a period of five (5) years.


period of twenty-eight (28) days calling for submissions. 3. If any relevant submissions are received as a result of public exhibition,

or if there are substantial post public exhibition changes proposed for any other reasons, a report be submitted to Council for consideration detailing the public exhibition outcomes and with further recommendations regarding adoption.



4. If there are no relevant submissions received as a result of the public exhibition, or there are no substantial post public exhibition changes proposed for any other reasons, Council enter into a licence for a term of five (5) years with the Scout Association of Australia New South Wales Branch on behalf of 1st Albion Park Scout Group for the occupation of the Scout Hall located within Albion Park Showground being Part Lot 1000, DP 813443, Albion Park at an annual rental of $515.45 (exclusive of GST) plus annual increases by consumer price index.



authorised to sign any documentation associated with the licence, with the Scout Association of Australia New South Wales Branch on behalf of 1st Albion Park Scout Group for the occupation of the Scout Hall at Albion Park Showground being Part Lot 1000, DP 813443, Albion Park, under Council Seal.

CARRIED UNANIMOUSLY

11.2.4 Proposed Licence Agreement - The Scout Association of Australia New South Wales Branch - Scout Hall at Lowe Park being Part Lot 200, DP 786257, Lowe Park, George Street, Warilla (11051192)


11.2.5 Proposed Licence Agreement - CAPAH Multicultural Incorporated - Part Lot 1000, DP 813443, Albion Park (11051186)

126 RESOLVED: Marsh/Hamilton

That:

1. Council commence the formal process to enter into a licence agreement with CAPAH Multicultural Incorporated for the occupation of office space within the HACC Centre located within Albion Park Showground, being Part Lot 1000, DP 813443, Albion Park for two (2) days per week for a period of twelve (12) months.


period of twenty-eight (28) days calling for submissions.



3. If any relevant submissions are received as a result of public exhibition, or if there are substantial post public exhibition changes proposed for any other reasons, a report be submitted to Council for consideration detailing the public exhibition outcomes and with further recommendations regarding adoption.


exhibition, or there are no substantial post public exhibition changes proposed for any other reasons, Council enter into a licence with CAPAH Multicultural Incorporated for the occupation of office space within the HACC Centre located within Albion Park Showground, being Part Lot 1000, DP 813443, Albion Park for two (2) days per week.

5. Council approve that the annual market rental of $1,481.65 (exclusive

GST) be subsidised by 64.58% and an annual rental of $524.75 (exclusive of GST) be applied.



authorised to sign any documentation associated with the licence, with CAPAH Multicultural Incorporated for the occupation of office space within the HACC Centre located within Albion Park Showground, being Part Lot 1000, DP 813443, Albion Park, under Council Seal.

CARRIED UNANIMOUSLY

11.2.6 Proposed Licence Agreement - Lions Club of Oak Flats Incorporated - Part Lot 2 DP233321 Oak Flats (11051040)

127 RESOLVED: Murray/Saliba

That:

1. Council enter into a licence agreement with the Lions Club of Oak Flats Incorporated (Oak Flats Lions Club) for the occupation of space within the premises located at the rear of Oak Flats Library, being part Lot 2 DP233321 Oak Flats, for a period of 12 months.

2. The annual rental of $3,875 (exclusive of GST) be subsidised by 68.75% in accordance with Council's Policy, therefore the annual rental is to commence at $1,195.30 (exclusive of GST).


record of donations to the community.



4. The Mayor and General Manager, or his nominated delegate, be authorised to sign any documentation associated with the licence, with Lions Club of Oak Flats Incorporated for the occupation of space within the premises located at the rear of Oak Flats Library, being part Lot 2 DP233321 Oak Flats, under Council Seal.

CARRIED UNANIMOUSLY

11.2.7 Crown Reserves Managed by Shellharbour City Council - Transition to the Crown Land Management Act 2016 (11051746)


11.3 Community and Customers Directorate

Nil.

11.4 Amenity and Assets Directorate

Nil.

12. Committee Recommendations

12.1 Recommendations from the Disability Access and Inclusion Advisory Committee Meeting held 9 May 2018 recommended for adoption

128 RESOLVED: Murray/Hamilton

That the Recommendations from the Disability Access and Inclusion Advisory Committee Meeting held 9 May 2018 be adopted. CARRIED UNANIMOUSLY

13. Items for Information

Nil

14. Notices of Rescission/Alteration Motions

Nil



15. Notices of Motion

15.1 Notice of Motion submitted by Cr Nathan Cattell: Bass Point (11052770)

During the Mayor’s address Councillor Marsh requested to provide a personal explanation which was agreed to by the Mayor. Councillor Marsh then stated that she was advising the meeting that Councillor Cattell had asked during his address that consultation be held with the Land Council about the Aboriginal Interpretive Centre and she was clarifying that this had already happened. 129 RESOLVED: Cattell/Murray

That:

1. As part of the current review of the management of Bass Point Reserve, Council staff consider what opportunities exist to work with the Illawarra Local Aboriginal Land Council with a view to develop a joint management strategy for care and maintenance of the reserve in order to maintain its natural and cultural resources.

2. Council, to the best of its ability, develop and sustain a relationship with

the Illawarra Local Aboriginal Lands Council and local Aboriginal community to collaborate on the design of an Aboriginal Interpretive Centre.

CARRIED UNANIMOUSLY

15.2 Notice of Motion submitted by Cr Peter Moran: Code of Meeting Practice (110543410)

MOTION: Moran/Marsh That Council conduct a review of the Code of Meeting Practice at the earliest opportunity

During Councillor Moran’s right of reply he moved a Point of Order that the Mayor was speaking whilst he was speaking. The Mayor did not accept the Point of Order.

MOTION: Moran That the Mayor’s ruling be dissented from.



130 The MOTION of DISSENT on being PUT to the Meeting was LOST 1/6

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

The Mayor then called for a vote on the Motion. 131 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

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

16.1 Question on Notice submitted by Cr Kellie Marsh: Bass Point (11054342)

A Question on Notice has been submitted by Cr Kellie Marsh and is noted for the purposes of this meeting.

17. Urgent Business

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

Nil.

Meeting closed 9.03 pm



Attachments:

1. Mayoral Minute: Postponement of NSW Low Rise Medium Density Housing Code and the Preparation of a Housing Strategy



Attachment 1

9.2 Mayoral Minute: Postponement of NSW Low Rise Medium Density Housing Code and the Preparation of a Housing Strategy (11057490)

To my fellow Councillors

Mayoral Minute

Summary

The purpose of this Mayoral Minute is to seek Council’s endorsement to seek a twelve-month postponement of the introduction of the Low Rise Medium Density Housing Code in the Shellharbour Local Government Area (LGA) and associated Standard Instrument LEP amendments to Shellharbour LEP 2013 that includes the introduction of "manor houses" into our R2 and R3 zones. It also seeks Council’s endorsement for the preparation of a Housing Strategy that addresses the appropriate provision of housing for the community of Shellharbour. Endorsement is also sought for Council staff to report on the issues involved in preparing a Planning Proposal to consider amending Shellharbour LEP 2013 based on the implications of the Low Rise Medium Density Housing Code and associated Standard Instrument LEP amendments to Shellharbour LEP 2013.

Background

The NSW Government is proposing to introduce the Low Rise Medium Density Housing Code on 6 July 2018 as part of the State Environmental Planning Policy (Exempt & Complying Development Codes) 2008. As stated on the NSW Department of Planning and Environment's website, "The new Low Rise Medium Density Housing Code will allow one and two storey dual occupancies, manor houses and terraces to be carried out under a fast track complying development approval". Complying development is development that meets specified standards. These standards are contained in the complying development code. In this case, it is the Low Rise Medium Density Housing Code. This means that a wider and denser range of medium density housing development would be permitted in the vast majority of the Shellharbour LGA residential areas without development consent or community input. The State's residential complying development code currently only applies to single dwelling houses but is now being extended to the above stated types of medium density development.



In addition, the State Government is proposing to amend Shellharbour Local Environmental Plan 2013, by introducing "manor houses" as a permissible use with development consent in our R2 Low Density Residential and R3 Medium Density Residential zones. The majority of our residential areas are zoned R2 with a smaller proportion zoned R3 based on certain criteria such as proximity to town centres. The definition of "manor house" is a building containing three or four dwellings, where:

(a) Each dwelling is attached to another dwelling by a common wall or floor, and

(b) At least 1 dwelling is partially or wholly located above another dwelling, and

(c) The building contains no more than two storeys (excluding any basement).

This means that a person could submit a development application with Council for a manor house in an R2 or R3 zone if such a development could not meet the mandatory standards of the complying development code. This type of development has never been contemplated by Council in its residential areas and does not have appropriate controls in its Development Control Plan (DCP) to appropriately guide or assess such applications. Conversely, Council would have a reduced ability to refuse such applications. Additionally, Council has not had the opportunity to engage with its community about the introduction of this type of development or the other types of medium density complying development as proposed under the code.

On 25 February 2016 and 16 December 2016, Council made submissions to the State Government opposing the introduction of such a code in Shellharbour. This has previously been referred to by the State as "The Missing Middle". It appears that Shellharbour, like other Councils, have had their concerns about the introduction of such a code dismissed.

However, in announcing the introduction of the code, the Minister for Planning advised that the introduction of the code in the local government area of Ryde would be postponed for twelve months or until the Council had undertaken the development of a new Local Housing Strategy and Local Environmental Plan (LEP). The Minister advised that the code would be postponed in the Canterbury Bankstown LGA until Council had prepared an amending LEP to seek exemption from the Code in their R2 Low Density Residential zone. Other Councils that have been granted a postponement include Lane Cove and Northern Beaches.

Council staff have been liaising with officers of the NSW Department of Planning and Environment about how such an exemption could be applied for by Shellharbour City Council. Staff have been advised that there is no formal process for this to occur, however Council can put forward a request for postponement in writing for consideration.



On this basis, I am proposing that Council formally write to the Minister for Planning and the NSW Department of Planning and Environment requesting that the introduction of the Low Rise Medium Density Housing Code and associated Standard Instrument LEP amendments to Shellharbour LEP 2013, which include the introduction of "manor houses" into our R2 and R3 zones, be postponed for twelve months.

This would allow Council to prepare a Housing Strategy. A Housing Strategy would amongst other matters, include a supply/demand assessment forecast for different dwelling types and where they should be located. This would provide a basis of where low rise medium density housing is needed (and for that matter other dwelling types) and this can be balanced against site/locality attributes and constraints (including neighbourhood character). This work can be the basis for:

i. An exemption case in relation to the complying development code

ii. Any required LEP amendments

iii. Any required DCP amendments

iv. Any corporate (Council as owner/partner) housing initiatives

The Housing Strategy, when completed, would provide a further strategic basis for consideration of planning proposals, especially on the urban fringe. Council staff are currently assessing three planning proposals totalling about 222 hectares of rural land for rural residential and residential purposes.

Recommendation

That Council: 1. Seek a twelve-month postponement of the introduction of the Low Rise

Medium Density Housing Code in Shellharbour LGA and associated Standard Instrument LEP amendments to Shellharbour LEP 2013 that includes the introduction of "manor houses" into our R2 and R3 zones.

2. Prepare a Housing Strategy that addresses the appropriate provision of all

forms of housing for the community of Shellharbour. 3. Request a report from Council staff on the issues involved in preparing a

Planning Proposal to consider amending Shellharbour LEP 2013 based on the implications of the Low Rise Medium Density Housing Code and associated Standard Instrument LEP amendments to Shellharbour LEP 2013.



Approved for Council's consideration: Date of Meeting: 12 June 2018 Attachments

Nil