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SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting 17 December 2019 This is page 1 of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 17 December 2019 Minutes of the Ordinary Meeting of Shellharbour City Council held at the Council Chambers, Council Administration Centre Shellharbour City Centre on Tuesday 17 December 2019 commencing at 6.30 pm Present Mayor, Councillor M Saliba Deputy Mayor, Councillor J Murray 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 City Planning G Hoynes Group Manager Community Connections K Baget-Juleff Acting Group Manager Design A De Clouett Manager Business and Investment T James Senior Strategic Manager M Tuffy Recreation Planner B Sharpe Governance Officer S Salviejo Media Officer K Wells Senior Executive Assistant L Davey Councillor Support Officer (Minute Taker) J Frasca

SHELLHARBOUR CITY COUNCIL Minutes of the Ordinary Meeting ... · 12/17/2019  · Mr John Stephen Garrety of Blackbutt Mrs Marija Angeloska of Flinders Mr John William Baker of Lake

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Page 1: SHELLHARBOUR CITY COUNCIL Minutes of the Ordinary Meeting ... · 12/17/2019  · Mr John Stephen Garrety of Blackbutt Mrs Marija Angeloska of Flinders Mr John William Baker of Lake

SHELLHARBOUR CITY COUNCIL

Ordinary Council Meeting – 17 December 2019

This is page 1 of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 17 December 2019

Minutes of the Ordinary Meeting

of Shellharbour City Council

held at the Council Chambers, Council Administration Centre

Shellharbour City Centre

on Tuesday 17 December 2019 commencing at 6.30 pm

Present

Mayor, Councillor M Saliba Deputy Mayor, Councillor J Murray 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 City Planning G Hoynes Group Manager Community Connections K Baget-Juleff Acting Group Manager Design A De Clouett Manager Business and Investment T James Senior Strategic Manager M Tuffy Recreation Planner B Sharpe Governance Officer S Salviejo Media Officer K Wells Senior Executive Assistant L Davey Councillor Support Officer (Minute Taker) J Frasca

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SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 17 December 2019

This is page 2 of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 17 December 2019

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 19 November 2019

255 RESOLVED: Marsh/Petreski

That the Minutes of the Ordinary Council Meeting held on 19 November 2019 as circulated be taken as read and confirmed as a correct record of proceedings.

CARRIED UNANIMOUSLY

4.2 Committee of the Whole (Confidential) Meeting 19 November 2019

256 RESOLVED: Petreski/Hamilton

That the Minutes of the Committee of the Whole (Confidential) Meeting held on 19 November 2019 as circulated be taken as read and confirmed as a correct record of proceedings.

CARRIED UNANIMOUSLY

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SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 17 December 2019

This is page 3 of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 17 December 2019

4.3 Extraordinary Meeting 3 December 2019

257 RESOLVED: Petreski/Murray

That the Minutes of the Extraordinary Council Meeting held on 3 December 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 Linda Henderson and extended her condolences to her husband Steven and her children. The Council acknowledged the following deaths in the Local Government area. Mrs Brenda Kilkelly of Albion Park Mr George Michael Northover of Albion Park Mrs Thelma Elizabeth Steele of Albion Park Mr Pat Towers formerly of Albion Park Rail Mr John Stephen Garrety of Blackbutt Mrs Marija Angeloska of Flinders Mr John William Baker of Lake South Mrs Grace French of Mount Warrigal Mrs Rhonda Edwards of Oak Flats Mr David Stead of Oak Flats Mr Benjamin Peter Kunze of Shellharbour Mr George McKee of Shellharbour Mrs Pauline June Stanton of Shellharbour Mr John Mark Gunthorpe of Warilla Mrs Linda Kay Henderson formerly of Warilla Mr Ian Pickering of Warilla Ms Julie-Ann Watson of Warilla Mrs Gwen Webb of Warilla

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

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SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 17 December 2019

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7. Mayoral Statements / Reports / Presentations

Since the last Council meeting the Mayor attended the following events: 10/12/19 Balarang Public School Community Service Award 10/12/19 Opening of Mood Park playground 10/12/19 Oak Flats High School Community Service Award 11/12/19 Official opening of the new Warilla Library 11/12/19 Waterfront Hotel announcement/Shell Cove community information

evening 13/12/19 Illawarra Shoalhaven Joint Organisation Meeting 13/12/19 Aboriginal Women Elder Group End of Year Event 14/12/19 Zone Little Athletics Championships 14/12/19 Bottom of the Harbour event 14/12/19 Hidden Forest Festival 16/12/19 CivicRisk West Board Meeting

The Mayor outlined the contents of an email sent in by Anne Baxter complimenting the staff at Oak Flats Pool. The Mayor read out messages she had received from residents complimenting council for their initiative in hosting the Hidden Forrest Festival. The Mayor acknowledged the events staff for their work on ensuring that the Carols by Candlelight and the Hidden Forrest Festival were a great success and asked that her appreciation be passed on to the appropriate Council staff.

8. Mayoral Minutes

8.1 Mayoral Minute: Local Government Remuneration Tribunal - 2020 Annual Review (11345290) – (Attachment 1)

MOTION: Mayor Saliba

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SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 17 December 2019

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That Council inform the Local Government Remuneration Tribunal that it:

1. Agrees to Shellharbour City being included in the new category of

Regional Centre in the proposed classification model and criteria and agrees to the classification model including titles and criteria for each category.

2. Recommends that the range of fees for the proposed classification

model specifically category Regional Centre be determined as being mid-way between Regional City and Regional Rural classifications.

During Councillor Moran’s address, Councillor Marsh MOVED a POINT of ORDER in relation his comments regarding payment to councillors and stated that councillors do not get paid, which was accepted by the Mayor. Councillor Moran moved the following addendum to the Motion, which was not accepted by the Mayor:

3. That in the letter that Council sends in the event that this motion is passed that Council provide information on the criteria identified in the report relating to Shellharbour City Council to further assist the Remuneration Tribunal come to a decision on this matter.

Councillor Moran then moved a FURTHER MOTION. FURTHER MOTION: Moran/Marsh

1. Agrees to Shellharbour City being included in the new category of Regional Centre in the proposed classification model and criteria and agrees to the classification model including titles and criteria for each category.

2. Recommends that the range of fees for the proposed classification

model specifically category Regional Centre be determined as being mid-way between Regional City and Regional Rural classifications.

3. That in the letter that Council sends in the event that this motion is

passed that Council provide information on the criteria identified in the report relating to Shellharbour City Council to further assist the Remuneration Tribunal come to a decision on this matter.

The FURTHER MOTION on being PUT to the Meeting was LOST 2/4 FOR VOTE - Cr Marsh, Cr Moran AGAINST VOTE - Cr Hamilton, Cr Murray, Cr Petreski, Cr Saliba

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259 The original MOTION on being PUT to the Meeting was CARRIED

UNANIMOUSLY

9. Councillors' Statements / Reports

9.1 Late Councillors Report - Request to attend conference - Golf Business Forum in Melbourne from 23-24 June 2020 (Attachment 2)

During Councillor Moran’s address the Mayor cautioned Councillor Moran in relation to his comments and stated that they were not appropriate.

Councillor Moran MOVED a POINT of ORDER that during the Mayor’s address she used the same wording that the Mayor had cautioned him on and asked that the Mayor withdraw her comments. The Mayor did not accept the POINT of ORDER and asked that Councillor Moran speak to this item. 260 RESOLVED: Murray/Hamilton

That Council approve attendance for Councillor Murray to attend the Golf Business Forum in Melbourne from 23-24 June 2020.

CARRIED: 5/1 FOR VOTE - Cr Hamilton, Cr Marsh, Cr Murray, Cr Petreski, Cr Saliba AGAINST VOTE - Cr Moran

Verbal Reports from Councillors Councillor Marsh thanked Council staff for their work on the parks. Councillor Marsh outlined her attendance at the Bottom of the Harbour event and acknowledged the volunteers who assisted on the day. Councillor Marsh wished everyone a Merry Christmas and Happy New Year and thanked the four Rural Fire Service brigades for their service to the community.

10. Reports

10.1 General Manager

10.1.1 Model Code of Conduct Complaints Statistics 2018 - 2019 (11333044)

261 RESOLVED: Murray/Marsh

That Council receive and note the Model Code of Conduct Complaints Statistics report for the period 1 September 2018 to 31 August 2019 as presented.

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CARRIED UNANIMOUSLY

Business Arising:

262 RESOLVED: Moran/Marsh

That Council notes Circular19-25 - Penalties available to councils for code of conduct breaches by councillors issued by the Office of Local Government on 2 October 2019 that the only disciplinary power available to councils under the Local Government Act 1993 for code of conduct breaches by councillors, is the power to formally censure conferred under section 440G.

CARRIED UNANIMOUSLY

10.2 Council Sustainability Directorate

10.2.1 Monthly Investment Report - October 2019 (11342110)

263 RESOLVED: Petreski/Hamilton

That Council receive and note the attached Investment Portfolio report as at 31 October 2019. CARRIED UNANIMOUSLY

10.2.2 The Waterfront, Shell Cove Heavy Duty Platform and Travel Lift Runway (11342111)

MOTION: Murray/Petreski

That: 1. In accordance with Clause 178 of the Local Government (General)

Regulation (2005), Council accept the tender offer for the contract 2019/100 from Tenderer “A” for The Waterfront, Shell Cove Heavy Duty Platform and Travel Lift Rails.

2. Council authorise the General Manager or his delegate to sign the

Letter of Award and execute the contract, variations and associated documents.

3. In accordance with the Government Information (Public Access) Act

2009 the name of the successful contractor and amount payable under the contract be added to the contracts register.

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

4. That the identity of the successful contractor and the amount payable under the contract be attached to the minutes of this meeting after the contract has been added to the Contracts register.

Councillor Moran then moved a FURTHER MOTION. FURTHER MOTION: Moran/Marsh

That:

1. In accordance with Clause 178 of the Local Government (General) Regulation (2005), Council accept the tender offer for the contract 2019/100 from Tenderer “A” for The Waterfront, Shell Cove Heavy Duty Platform and Travel Lift Rails.

2. Council authorise the General Manager or his delegate to sign the

Letter of Award and execute the contract, variations and associated documents.

3. In accordance with the Government Information (Public Access) Act

2009 the name of the successful contractor and amount payable under the contract be added to the contracts register.

4. That the identity of the successful contractor and the amount payable

under the contract be attached to the minutes of this meeting after the contract has been added to the Contracts Register.

The FURTHER MOTION on being PUT to the Meeting was LOST 2/4

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

264 The original MOTION on being put to the Meeting was CARRIED

UNANIMOUSLY.

10.2.3 Late Report - Progress of Land Transaction Matters - Macquarie Street, Albion Park (11345291) (Attachment 3)

Councillor Marsh asked for advice on how Council is in the position of negotiating land swaps. The General Manager took the Question on Notice. Councillor Marsh asked for advice on whether any land was gifted to the Catholic Dioceses when the Council was under Administration. The General Manager took the Question on Notice.

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265 RESOLVED: Murray/Marsh

That Council receive and note this report.

CARRIED UNANIMOUSLY

10.3 Community and Customers Directorate

10.3.1 Sponsorship Applications 2019/20 - Late Application Request - Albion Park Show Society (11340601)

266 RESOLVED: Murray/Marsh

That Council endorse:

1. The recommendation of the Financial Assistance Working Party and provide in-kind sponsorship up to the total value of $4,910.00 to the Albion Park Show Society

2. The sponsored event be added to Council's Calendar of Events as a

"sponsored event" 3. Any remaining funds from the 2019/20 Budget allocation for Event

Sponsorship be carried over for allocation in the 2020/21 financial year.

CARRIED UNANIMOUSLY

10.3.2 Applications for 'Cash for Charities' Financial Contribution 2019/2020 (11340602)

267 RESOLVED: Moran/Murray

That Council endorse the recommendations of the Financial Assistance Working Party to allocate 20% of proceeds of the gross breakfast ticket sales from Australia Day Breakfast by the Lake 2020, to the Cash for City Charities programme, with the amount to be split between the three successful organisations as follows:

5% to St Vincent de Paul Society – Shellharbour

5% to St Vincent de Paul Society – Albion Park

10% to Illawarra Women’s Health Centre

CARRIED UNANIMOUSLY

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SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 17 December 2019

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10.3.3 Adoption of Shellharbour Local Housing Strategy (11342113)

268 RESOLVED: Murray/Hamilton

That Council:

1. Adopt the Shellharbour Local Housing Strategy. 2. Write to the Minister for Planning and Public Spaces advising of

Council’s adoption of the Shellharbour Local Housing Strategy (SLHS) including its position on the Low Rise Medium Density Housing Code (LRMDHC), and its concern with Recommendation 12 of the Ryan report. The SLHS position is that the LRMDHC:

a) Apply to existing LEP 2013 R3 Medium Density Residential zoned

areas (with the exception of Shell Cove Boat harbour Precinct R3 land) and any future R3 areas as identified in Map 1, 1a – 1c in the SLHS.

b) Not apply to LEP 2013 R2 Low Density Residential zoned areas. c) Not apply to LEP 2000 2(e) Mixed Use zoned areas (Tullimbar).

As part of current and future planning proposals to bring (deferred) LEP 2000 2(e) Tullimbar lands into LEP 2013, the LRMDHC’s future application may be supported on any lands that become R3 zoned.

d) Not apply to (SEPP (State Significant Precincts) 2005) R1 General

Residential zoned land at Calderwood. Any future application of the LRMDHC be resolved by the State Government as part of its assessment of the applications to modify the Calderwood concept approval.

CARRIED UNANIMOUSLY

10.3.4 Endorsement of Draft Shellharbour Open Space and Recreation Needs Study and Strategy (11342114 )

269 RESOLVED: Petreski/Marsh

That:

1. Council endorse the draft Shellharbour Open Space and Recreation

Needs Study, Appendices and Strategy to be placed on public exhibition for a period of 42 days calling for submissions.

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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 draft Shellharbour Open Space and Recreation Needs Study, Appendices and Strategy as attached to this report.

CARRIED UNANIMOUSLY

10.4 Amenity and Assets Directorate

10.4.1 Tender 2019/87 Morley Park and Stoney Range Pony Club Building Refurbishments - Design and Construction (11342681)

270 RESOLVED: Saliba/Marsh

That:

1. In accordance with Clause 178 of the Local Government (General) Regulation (2005), Council accept the tender offer for the contract 2019/87 from Tenderer “A” for the Morley Park and Stoney Range Pony Club Refurbishments.

2. Council Authorise the General Manager or his nominated delegate to

sign the Letter of Award and execute the contract, variations and associated documents.

3. In accordance with the Government Information (Public Access) Act

2009 that the name of the successful contractor and amount payable under the contract be added to the contracts register.

CARRIED UNANIMOUSLY

Business Arising:

MOTION: Moran/Marsh

That Council provides a link on the front page of its website and all social media pages every time the Contracts Register is updated.

Following an undertaking by the General Manager that information will be included on Council’s website and social media pages, Councillor Moran formally withdrew the Motion.

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10.4.2 Review of Elliot Lake - Little Lake Floodplain Risk Management Grant Acceptance (11343361)

Councillor Marsh asked what percentage of land in Shellharbour is flood affected? The General Manager took the Question on Notice.

271 RESOLVED: Moran/Marsh

That Council accept the NSW Government’s funding offer of up to $160,000 towards the Council’s Floodplain Risk Management Program, to undertake a review of the Elliot Lake – Little Lake Floodplain Risk Management Study and Plan.

CARRIED UNANIMOUSLY

11. Committee Recommendations

11.1 Recommendations from the Disability Access and Inclusion Advisory Committee Meeting held 13 November 2019 recommended for adoption.

272 RESOLVED: Hamilton/Moran

That the Recommendations from the Disability Access and Inclusion Advisory Committee Meeting held of 13 November 2019 be adopted.

CARRIED UNANIMOUSLY

11.2 Recommendations from the Traffic Committee Meeting held 4 December 2019 recommended for adoption.

273 RESOLVED: Marsh/Hamilton

That the Recommendations from the Traffic Committee Meeting held of 4 December 2019 be adopted.

CARRIED UNANIMOUSLY

12. Items for Information

12.1 Item for Information: Lease Agreements Airspace at 33 Wentworth Street, Shellharbour and 23 Addison Street, Shellharbour (11332439)

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12.2 Items for Information: Response to Questions Taken on Notice (11332649)

The items for information were formally noted.

13. Notices of Rescission/Alteration Motions

Nil

14. Notices of Motion

14.1 Notice of Motion submitted by Cr Kellie Marsh: CCTV and Lighting at Shellharbour Skate Park (11337645)

MOTION: Marsh/Moran

That Council:

1. Include an allowance in the draft 2020/2021 budget of $165,000 for

CCTV and lighting to be provided at Shellharbour Skate Park. 2. Allocate $13,450 to the annual maintenance, power and depreciation of

the CCTV and lighting in the draft 2020/21 budget and annually thereafter, subject to further resolution of Council in respect of future Operational Plans.

During the Mayor’s address Councillor Marsh attempted to raise a POINT of ORDER. The Mayor acknowledged an interruption to her address. Councillor Moran MOVED a POINT of ORDER that the Mayor did not acknowledge Councillor Marsh’s POINT of ORDER specifically, which was not accepted the Mayor.

MOTION: Moran That the Chair’s ruling be dissented from. LOST 2/4 FOR VOTE - Cr Marsh, Cr Moran AGAINST VOTE - Cr Hamilton, Cr Murray, Cr Petreski, Cr Saliba

The Mayor apologised to Councillor Marsh and stated that she had not realised that Councillor Marsh was calling a POINT of ORDER. The Mayor then continued with her address.

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During Councillor Petreski’s address Councillor Marsh moved a POINT of ORDER and stated that Council did not endorse the strategy tonight and that it went out on public exhibition. The Mayor did not accept the POINT of ORDER stating that Council did endorse the strategy and Councillor Petreski continued with his address. During Councillor Marsh’s Right of Reply, Councillor Petreski MOVED a POINT of ORDER in relation to her comments and the Mayor ruled that Councillor Marsh was entitled to address the issues raised however also ruled that Councillor Petreski was correct in stating that a councillor may move business arising and put forward recommendations. The MOTION on being PUT to the Meeting was LOST: 2/4 FOR VOTE - Cr Marsh, Cr Moran AGAINST VOTE - Cr Hamilton, Cr Murray, Cr Petreski, Cr Saliba

14.2 Notice of Motion submitted by Cr Peter Moran: Displays of laser lights or noiseless fireworks (11343358)

274 RESOLVED: Moran/Marsh

That Council officers prepare a report on the possibility of having, at future Carols by Candlelight events, displays of either laser lights or noiseless fireworks or both. Such a report shall include potential minimum costs of such displays, how the displays could be run, any special requirements for running such an event, effectiveness of the displays and any feedback from other LGA’s which hold similar displays. CARRIED UNANIMOUSLY

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

Nil

16. Urgent Business

Nil

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

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

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Set out below is Section 10A(2) of the Local Government Act 1993, in relation to Confidential Business: 10A(2) Which parts of a meeting can be closed to the public? The

matters and information are the following: (a) personnel matters concerning particular individuals; (b) the personal hardship of any resident or ratepayer; (c) information that would, if disclosed, confer a commercial advantage on a person

with whom the council is conducting (or proposes to conduct) business; (d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret,

(e) information that would, if disclosed, prejudice the maintenance of law; (f) matters affecting the security of the council, councillors, council staff or council

property; (g) advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the grounds of legal professional privilege. (h) information concerning the nature and location of a place or an item of

Aboriginal significance on community land, (i) alleged contraventions of any code of conduct requirements applicable under

section 440.

17.1 Verbal Report - Confidential legal advice regarding action taken by the General Manager (11344018)

This item is classified CONFIDENTIAL under the provisions of Section 10A(2)(e) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (e) information that would, if disclosed, prejudice the maintenance of law; This matter has been classified as confidential under Section 10A(2)(e) of the Local Government Act 1993 as it relates to a confidential matter the General Manager is dealing with and is providing advice to Councillors.

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

The Mayor asked whether anyone in the public gallery wish to speak on the reasons why Item 17.1 Verbal Report - Confidential legal advice regarding action taken by the General Manager should not be held in Confidential Session (Closed to the Public). No members of the public expressed their interest in addressing the Council.

275 RESOLVED: Murray/Petreski

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1. That Council resolve into Committee of the Whole (in Confidential

Session) to consider the above business as listed, together with any late reports tabled at the meeting.

1. That pursuant to Section 10A(1-3) of the Local Government Act 1993,

the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2)(c) and (d)(ii) of the Act as outlined above.

2. That the correspondence and reports relevant to the subject business

be withheld from access to the press and public in accordance with Section 11(2) of the Local Government Act 1993.

CARRIED UNANIMOUSLY

Meeting adjourned at 8.27pm

Meeting resumed at 8.49pm

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

The following Recommendations to Council from the Committee of the Whole (Confidential) session were read to the Meeting by the General Manager.

17.1 Verbal Report - Confidential legal advice regarding action taken by the

General Manager

COMMITTEE RECOMMENDATION: That Council receive and note the information provided by the General Manager.

276 RESOLVED: Murray/Petreski

That Recommendations to Council from the Committee of the Whole held earlier today be adopted.

CARRIED UNANIMOUSLY

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

Nil

Meeting closed at 8.50pm

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SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 17 December 2019

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Attachment 1 – 8.1 Mayoral Minute: Local Government Remuneration Tribunal – 2020 Annual Review

To my fellow Councillors

Mayoral Minute

Summary

The purpose of this Mayoral Minute is to seek a resolution for a submission to be lodged with the Local Government Remuneration Tribunal in relation to the 2020 Annual Review.

Background

On 29 October 2019, the Local Government Remuneration Tribunal wrote to Council advising that they have commenced their review for the 2020 annual determination and seeking submissions from individual councils addressing the following four matters:

1. Proposed classification model and criteriaComments on the proposed classification model outlined in Attachment 1,including the titles and criteria for each category.

2. Allocation in the proposed classification modelComments on the appropriate allocation of their individual council in theproposed classification model outlined in Attachment 2, having regard to theproposed criteria for each category.

3. Range of fees payable in the proposed classification model

Comments on the ranges of fees for the proposed classification model, havingregard to the Tribunal’s obligations under section 242A of the LG Act as outlinedabove. Any recommendations in respect of the proposed new category ofRegional Centre, if determined, should have regard to the capacity of theirindividual council to pay any increase in fees (Attachment 2).

4. Other mattersCouncils may wish to address other matters within the Tribunal’s jurisdictionunder the LG Act.

Council submissions should be submitted no later than Friday, 20 December 2019.

The attached document details the proposed classification model, criteria and proposed fee structure.

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SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 17 December 2019

This is page 19 of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 17 December 2019

Recommendation

That Council inform the Local Government Remuneration Tribunal that it:

1. Agrees to Shellharbour City being included in the new category ofRegional Centre in the proposed classification model and criteria andagrees to the classification model including titles and criteria for eachcategory.

2. Recommends that the range of fees for the proposed classification modelspecifically category Regional Centre be determined as being mid-waybetween Regional City and Regional Rural classifications.

Approved for Council's consideration:

Mayor, Cr Marianne Saliba

Date of Meeting: 17 December 2019

Attachments 1. Letter from NSW Local Government Remuneration Tribunal dated 29 October

2019

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SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 17 December 2019

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Attachment 1 to 8.1 - Letter from NSW Local Government Remuneration Tribunal dated 29 October 2019.

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Attachment 2 - 9.1 Request to attend conference – Golf Business Forum in Melbourne from 23-24 June 2020

To my Mayor and fellow Councillors

Councillor’s Report Councillor: John Murray Author: Councillor John Murray

Summary

The purpose of this report to seek Council approval to attend the Ordinary Council Meeting Agenda Master 17 December 2019

Background

Clause 5.27 of the Councillor Expenses and Facilities Policy (Policy) requires that I seek Council approval by resolution to attend a conference that is not a pre-approved conference in the Policy. I therefore request Council approval to attend theOrdinary Council Meeting Agenda Master 17 December 2019 Golf Business Forum is all about the business of golf and welcomes all comers from the industry - public golf courses, driving ranges, golf resorts, golf clubs, golf facility management companies, golf tourism operators, government, property development companies, PGA Professionals, industry organisations, golf media and industry business partners. If you are part of the golf industry, Golf Business Forum 2020 is your destination to meet other golf business professionals, expand your knowledge, be inspired by new ways of thinking and develop the tools for improving your golf business performance. These topics are very relevant to Shellharbour City Council and will be of benefit to me in my role as a Councillor and representative on the Links PCG and when making decisions relating to Shell Cove and other developments. The cost of the conference will be approximately $1000 for registration plus airfares, transfers and accommodation.

Recommendation

That Council approve attendance for Councillor Murray to attend the Golf Business Forum in Melbourne from 23-24 June 2020.

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Approved for Council's consideration:

Date of Meeting: 17 December 2019

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Attachment 3 – 10.2.3 Progress of Land Transaction Matters – Macquarie

Street, Albion Park

To the General Manager

Directorate: Council Sustainability Group: Business and Investment

Manager: Marcello Chiodo – Acting Director Council Sustainability Author: Trevor James – Manager Business and Investment

Summary

The purpose of this report is to provide Council with a progress report on land transaction matters associated with Lot 8, DP 244972 and part of Lot 1, DP 260523, Macquarie St, Albion Park.

Background

In August 2010, Council entered into an interim Occupation Agreement with the Diocese of Wollongong (the Diocese) to allow its use of certain land within Council’s ownership and to allow Council’s use of the road frontage to Tongarra Road pending rezoning, reclassification and transfer of the land. The Diocese requested a possible land swap with Council to address the land ownership, zoning and classification anomalies. To enable this land swap to occur, a Planning Proposal is required. An independent consultant has been engaged on behalf of Council and the Diocese to prepare the Planning Proposal. The land in Council’s ownership is identified as part of Lot 10 DP575555 and part of Lot 1 DP260523 known as Keith Barnes Oval and Macquarie Park (respectively). The lands are partly used for the purposes of recreation and open space. The land in Diocese’s ownership is identified as part Lot 1 DP 788711 and part Lot 301 DP1041577. These lands are currently used in association with St Paul’s Primary School, Church, Cemetery, footpath/road reserve associated land uses and the St Joseph’s Catholic High School and associated sportsground. The subject lands are shown in Attachment 1.

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The land within Council’s ownership being part of Lot 10 DP575555 and part of Lot 1 DP260523 is proposed to be reclassified from ‘Community’ to ‘Operational’ and rezoned, with associated development controls applied to reflect the future use, in order for Council to proceed with the proposed land swap.

The land within Diocese ownership, part of Lot 1 DP788711, is proposed to be rezoned to reflect its future proposed use as Public Reserve and classified as Community Land. The area proposed as road reservation, identified as part of Lot 301 DP1041577 is to be classified as public road.

A draft Planning Proposal has been prepared and considered by Council staff.

Outstanding matters that require further development, prior to the completion of the Planning Proposal, include:

Finalisation of a Conservation Management Plan, prepared by the Diocese

Finalisation of appropriate mapping changes

Amendments to Plans of Management for Macquarie Park and Keith Barnes Oval

Identification of any trusts, estates, interests, dedications, conditions, restrictions orcovenants which are to be discharged

Specification of any remediation works required

Final assessment of potential site constraints and flooding implications of theproposed parking relocation

Completion of owners consent documentation

The progression of these matters will be provided in the next scheduled report to Council in March 2020.

The expiry of the licence with the Diocese in relation to this land was reported to Council at its meeting on 29 November 2016, with advice that the land was the subject of a Planning Proposal.

Financial / Resources Implications

The costs associated with the Planning Proposal and subsequent transfer of land will be the responsibility of the Diocese.

Legal and Policy implications

The Planning Proposal will be required to be prepared in accordance with NSW Government guidelines.

Public / Social Impact

The proposed land swap between Council and the Dioceses will formalise land uses for community and private purposes, while enabling Council use of the road frontage to Tongarra Road.

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The proposal is consistent with previous resolutions of Council in 2006, 2007, 2008, 2010 and 2016. Conclusion

An external consultant has been engaged to assist in the preparation of the documentation associated with the planning proposal and subsequent transfer of land at this site. A report will be provided to Council every three months hereafter until the transactions are completed. Link to Community Strategic Plan This report supports the following objectives and strategies of the Community Strategic Plan: Objective: 2.3 A city that is connected through places and spaces Strategy: 2.3.6 Deliver sustainable whole of life asset management for the

community Objective: 4.2 Supported by a Council that is responsive, accountable and

financially viable Strategy: 4.2.1 Undertake Council activities within a clear framework of strategic

planning, policies, procedures and service standards

Consultations

Internal

Group Manager City Planning Recreation Planner Property Coordinator Team Leader Spatial Technology Senior Strategic Planner Acting Manager - Environment Manager Technical Services External

TCG Planning Political Donations Disclosure

Not Applicable

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Recommendation

That Council receive and note this report.

End Section

Approved for Council's consideration:

Date of Meeting: 17 December 2019

Attachments 1. Subject Land – Tongarra Road Planning Proposal

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SHELLHARBOUR CITY COUNCIL

Ordinary Council Meeting – 17 December 2019

This is page 34 of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 17 December 2019

Attachment 1 to 10.2.3 - Subject Land – Tongarra Road Planning Proposal