SHELLHARBOUR CITY COUNCIL Minutes of the Ordinary Meeting … · 4/9/19 Launch of Surf & Skate Festival 5/9/19 Employment/Aspirational Expo at Lake Illawarra High School 6/9/19 Shellharbour

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 24 September 2019

This is page 1 of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 24 September 2019

Minutes of the Ordinary Meeting

of Shellharbour City Council

held at the Council Chambers, Council Administration Centre

Shellharbour City Centre

on Tuesday 24 September 2019 commencing at 6.31 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 (part) Director Amenity and Assets B Stewart Executive Manager / Public Officer F Lepouras Chief Financial Officer G Grantham Risk and Audit Manager I Smith Group Manager Asset Strategy W Peterson Group Manager City Planning G Hoynes Group Manager City Development G Meredith Group Manager Community Connections K Baget-Juleff Group Manager Organisational Performance S Colefax Manager Shell Cove K James Senior Development Assessment Officer B Koop Media Officer K Wells Cadet – Communications and Media A Anstiss Senior Executive Assistant L Davey Councillor Support Officer (Minute Taker) J Frasca

SHELLHARBOUR CITY COUNCIL

Ordinary Council Meeting – 24 September 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 3 September 2019

173 RESOLVED: Marsh/Petreski

That the Minutes of the Ordinary Council Meeting held on 3 September 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 Vi Tease and extended her condolences to her children David, Peter, Jennifer and her family. Councillor Murray also acknowledged the passing of Vi Tease and extended his condolences to her family. He stated that he worked with Mrs Tease during her term on Council and commended the work she did as a Councillor.




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

Mr Lorito Piffarelli of Albion Park

Mrs Violet Mary Tease of Albion Park

Mr Allan Daley of Barrack Heights

Mrs Betty Norma Coulter of Blackbutt

Mr Allan Desmond Taylor of Mount Warrigal

Mr Kevin Hughes of Warilla

Ms Sonia McWatters of Warilla

Mr Malcolm William Mealing of Warilla

Mrs Roelofina Maria Vandenberg of Warilla

Mrs Jean Waterston of Warilla

Ms Carol White of Warilla

174 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.

4/9/19 Visit to Shellharbour Men’s Shed 4/9/19 Launch of Surf & Skate Festival 5/9/19 Employment/Aspirational Expo at Lake Illawarra High School 6/9/19 Shellharbour City Youth Summit 9-13/9/19 Australian Institute of Company Directors Training 14/9/19 Visit to Calderwood Rural Fire Service with Councillor Hamilton 14/9/19 Attended the 34th Year of existence of the Illawarra Filipino &

Multicultural Women’s Group Inc. with Councillor Hamilton 16/9/19 Sculptures at Killalea at the Civic Centre




17/9/19 Visit by AR Bluett Trustees 20/9/19 Wave FM ‘Green Room’ Interviews 21/9/19 20th Anniversary and Inauguration of Amity High School 24/9/19 Corpus Christi Year 12 last day and official farewell commissioning

assembly year 12 leaders 2020

8. Mayoral Minutes

Nil.

9. Councillors' Statements / Reports

Councillor Petreski outlined his attendance at the Shining Bright for Ovarian Cancer Research Gala Dinner, Sculptures at Killalea Night Launch and the Australian-Macedonian Welfare Association event.

Councillor Hamilton outlined her attendance at the launch of Bike About, R U Ok Day at the Civic Centre, the Warilla Neighbourhood Centre AGM, the presentation of the Beverley Whitfield Awards at Peterborough Special School, visit to Calderwood Rural Fire Service and the 34th Year of existence of the Illawarra Filipino & Multicultural Women’s Group.

10. Reports

Agenda Item No & Title

Page Ref

Name

Community and Customers Directorate

10.3.3 Development Application No.

0073/2018 Lot 16 and 17, DP 1168920, Exeter Place, Tullimbar

71

1. Kith Clark – Dahua Group 2. Shane Bitschcat – resident 3. Dr Richard Edlin – resident 4. Ruth Jenkins – resident 5. Linda Jukes – resident 6. Bruce Coyte - resident




175 RESOLVED: Murray/Marsh

That Standing Orders be suspended in order for Item 10.3.3, the subject of Addresses to Council, to be considered here in the agenda.

CARRIED UNANIMOUSLY

10.3 Community and Customers Directorate

10.3.3 Development Application No. 0073/2018 - Lot 16 and 17, DP1168920, Exeter Place, Tullimbar (11278324)

Councillor Marsh tabled photos provided by a resident.

MOTION: Murray/Petreski

That Council approve DA No. 0073/2018 for 290 Lot Staged Subdivision, Comprising of 283 Residential Lots, Three Open Space Lots, One Riparian Area and Three Residual Lots, Local Roads, Drainage, Bulk Earthworks and Retaining Walls and delivery of key infrastructure including a Bridge at Lot 16 & 17, DP 1168920, Exeter Place, Tullimbar NSW, subject to the conditions of consent in Attachment 2, of this report.

Councillor Marsh FORESHADOWED a MOTION that should the Motion be lost, she would move that:

Council defers Item 10.3.3 Development Application No. 0073/2018 - Lot 16 and 17, DP1168920, Exeter Place, Tullimbar to a future meeting of Council.

Councillor Moran requested a personal explanation to clarify comments made by the Mayor in relation to his address, which was accepted by the Mayor. Councillor Moran provided his personal explanation.

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

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

Business Arising

MOTION: Moran/Marsh That Council officers accelerate, as far as possible and as quickly as possible, the provision of kerbing and guttering and full width pavement on Yellow Rock Road for that part impacted by the approval of DA0073/2018.




Councillor Marsh asked if there are any major savings from the airport project and if so what the monetary value of the saving is. The General Manager took the Question on Notice. During Councillor Marsh’s address, Councillor Moran MOVED a POINT of ORDER that the Mayor was speaking whilst Cr Marsh was speaking.

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

177 RESOLVED: Murray/Cattell

That Standing Orders be resumed.

CARRIED UNANIMOUSLY

10.1 General Manager

10.1.1 Governance, Risk and Audit Committee - Chairperson's Annual Report to Council (11278251)

178 RESOLVED: Murray/Hamilton

That Council:

1. receive and note the report provided by the Independent Chairperson of Council’s Governance, Risk and Audit Committee.

2. endorse the reappointment of the independent member, Ms Julie

Walton until March 2022. 3. appoint Ms Julie Walton to the position of independent chairperson of

the Governance Risk and Audit Committee (GRAC) from October 2019 – October 2020.

CARRIED: 5/2 FOR VOTE - Cr Cattell, Cr Hamilton, Cr Murray, Cr Petreski, Cr Saliba AGAINST VOTE - Cr Marsh, Cr Moran




10.2 Council Sustainability Directorate

10.2.1 Shell Cove Progress Report to 15 September 2019 (11264182)

179 RESOLVED: Murray/Cattell

That:

1. The progress report for the period from 10 June 2019 to 15 September 2019 for the Shell Cove Project be received and noted.

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

authorised to sign:

a) the Subdivision Plan and 88B Instrument for the subdivision of Lot 4008 DP 1219051 and Lot 1091 DP 1254727 (The Waterfront Precinct Separation Plan), under Council Seal;

b) the Subdivision Plan and 88B Instrument for the subdivision of proposed Lot 9010 (from The Waterfront Precinct Separation Plan subdivision), and any documents associated with the sale (including the Transfers) of proposed lots 1001 to 1029 (Precinct A Stage 1), under Council Seal;

c) the Subdivision Plan and 88B Instrument for the subdivision of proposed Lot 1000 (from Precinct A Stage 1 subdivision), and any documents associated with the sale (including the Transfers) of proposed lots 1030 to 1058 (Precinct A Stage 2), under Council Seal;

d) the Subdivision Plan and 88B Instrument for the subdivision of proposed Lot 9008 (from The Waterfront Precinct Separation Plan subdivision), and any documents associated with the sale (including the Transfers) of proposed lots 4020 to 4029 (Precinct D commercial), under Council Seal;

e) the Subdivision Plan and 88B Instrument for the subdivision of Lot 5063 DP 1221924 (Precinct E Stage 2), under Council Seal;

f) the Subdivision Plan and 88B Instrument for the subdivision of proposed Lot 5070 (from Precinct E Stage 2 subdivision), and any documents associated with the sale (including the Transfers) of proposed lots 5101 to 5113 (Precinct E Stage 51 housing), under Council Seal;

g) the Subdivision Plan and 88B Instrument for the subdivision of proposed Lot 5073 (from Precinct E Stage 2 subdivision), and any documents associated with the sale (including the Transfers) of proposed lots 5201 to 5205 (Precinct E Stage 52 housing), under Council Seal;

h) the Subdivision Plan and 88B Instrument for the subdivision of proposed Lot 5069 (from Precinct E Stage 2 subdivision), and any documents associated with the sale (including the Transfers) of proposed lots 5301 to 5311 (Precinct E Stage 53 housing), under Council Seal;




i) the Subdivision Plan and 88B Instrument for the subdivision of proposed Lot 5072 (from Precinct E Stage 2 subdivision), and any documents associated with the sale (including the Transfers) of proposed lots 5401 to 5404 (Precinct E Stage 54 housing), under Council Seal;

j) the Subdivision Plan and 88B Instrument for the subdivision of proposed Lot 5068 (from Precinct E Stage 2 subdivision), and any documents associated with the sale (including the Transfers) of proposed lots 5501 to 5518 (Precinct E Stage 55 housing), under Council Seal;

k) the Subdivision Plan and 88B Instrument for the subdivision of proposed Lot 5067 (from Precinct E Stage 2 subdivision), and any documents associated with the sale (including the Transfers) of proposed lots 5701 to 5712 (Precinct E Stage 57 housing), under Council Seal; and

l) the Subdivision Plan and 88B Instrument for the subdivision of Lot 5060 DP1221924, and any documents associated with the sale (including the Transfers) of proposed lots 5801 to 5810 (Precinct E Stage 58 housing), under Council Seal. Section

CARRIED UNANIMOUSLY

10.2.2 Shell Cove Strategic Business Plan (11278323)

180 RESOLVED: Murray/Hamilton

That Council endorse the publishing of the Shell Cove Strategic Business Plan (Public Version) on Council’s external website and attach it to the Minutes (Attachment 1). CARRIED UNANIMOUSLY

10.3 Community and Customers Directorate

10.3.1 Establishment of an Art Prize for Shellharbour City (11277755)

MOTION: Murray/Marsh

That Council receive and note the information contained within this report.

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




That:

1. Council receive and note the report outlining the establishment of an art prize for Shellharbour.

2. Council endorse the development and implementation of a biennial, non-acquisitive art prize.

3. Council endorse the approval of $37,500 in the 2020/2021 budget for establishing, promoting and administering an art prize.

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

10.3.2 Adoption of the Shellharbour City Dog Friendly Spaces Strategy (11277672)

Councillor Marsh asked if the rule of 10 metres from a children’s play space excluded sportsfields. The General Manager took the Question on Notice. 182 RESOLVED: Saliba/Marsh

That Council adopt the Shellharbour City Dog Friendly Spaces Strategy as contained in Attachment 1 of this report. CARRIED UNANIMOUSLY

10.3.3 Development Application No. 0073/2018 - Lot 16 and 17, DP1168920, Exeter Place, Tullimbar (11278324)

This item was dealt with earlier in the agenda as it was the subject of Addresses to Council prior to the meeting (See Resolution No. 176).

10.4 Amenity and Assets Directorate

10.4.1 Swansea Farmhouse (11276793)

183 RESOLVED: Murray/Marsh

That Council receive and note the report titled Swansea Farmhouse. CARRIED UNANIMOUSLY




10.4.2 Non-recyclable materials from retailers in Shellharbour City (11278201)

184 RESOLVED: Marsh/Murray

That Council receive and note the report titled Non-recyclable Materials from Retailers in Shellharbour City.

CARRIED UNANIMOUSLY

Councillor Marsh left the Chamber at 8.22pm

11. Committee Recommendations

11.1 Recommendations from the Traffic Committee Meeting held 4 September 2019 recommended for adoption.

185 RESOLVED: Hamilton/Murray

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

CARRIED UNANIMOUSLY

12. Items for Information

12.1 Item for Information - Responses to Questions Taken on Notice (11277906)

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

13. Notices of Rescission/Alteration Motions

Nil

14. Notices of Motion

Nil

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

16. Urgent Business

Nil




186 RESOLVED: Saliba/Murray

That the Ordinary Meeting be adjourned to hold the Extraordinary Meeting. CARRIED UNANIMOUSLY

Meeting adjourned 8.24pm Meeting resumed at 8.53pm

Councillor Marsh here returned to the Chamber for the Ordinary Meeting at 8.53pm

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. 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 Shell Cove - Marina Services Building (11278449)

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2)(c), (d)(i), (d)(ii), of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:




(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 (ii) confer a commercial advantage on a competitor of the council This report contains commercially sensitive information and would be contrary to the public interest, as this consideration has implications for the commercial interest of Council. The opportunities that are discussed need to be considered by Council before being investigated and implemented. There may be prejudice on the commercial position if this report was made public. Declassification of this Report The report will be declassified upon the completion of the construction of the Marina Services Building in accordance with the GIPA legislation.

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 Shell Cove – Marina Services Building should not be held in Confidential Session (Closed to the Public). No members of the public expressed an interest to address the Council. 187 RESOLVED: Petreski/Murray

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 8.54 pm Meeting resumed 9.02 pm




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.

That Council:

1. endorses the final design of the Marina Services Building. 2. exercises its first-purchase of Harbour Land right under the Shell Cove

Management Agreement for the proposed Marina Services Building site as outlined in this Report and, thereby, retain the lot to be created in Precinct D.

3. approves the payment of an amount equal to the market valuation (as

stated in this Report) to acquire the land for the Marina Services Building and for it to be paid into the Shell Cove Trust Fund in accordance with the Shell Cove Management Agreement.

4. approves a procurement exemption in accordance with Section 55(3)(i)

of the Local Government Act 1993, and not invite tenders for the Marina Services Building as a satisfactory result would not be achieved due to the following extenuating circumstances:

a. Reduction in time to complete the building construction from May

2022 to July 2021. b. Costs savings by avoiding duplication of establishment costs,

environmental controls, principal contractor requirements, and management within the Shell Cove development.

c. Fair Value will be confirmed as 2 recent comparable tenders have recently been awarded for adjacent sites with similar build quality and a ‘Request For Quote’ will be compared to an independent cost plan.

d. Engaging the current contractor for the precinct will minimise construction transition times and ensure consistent built form and quality throughout the 3 sites.

e. Defects arising from the precinct will be easily identifiable as a single contractor will be responsible for warranty issues

5. delegates authority to the General Manager or his nominated delegate

to undertake formal tender negotiations with a contractor for the Marina Services Building design and construct contract as detailed in this Report.

6. delegates authority to the General Manager to accept the contractor’s

tender for up to the amount stated in this Report, if the tender amount is consistent with the independent cost plan as detailed in this Report.




7. delegates authority to the General Manager to sign the contract if the contractor’s tender is accepted.

8. delegates authority to the General Manager to not accept the

contractor’s tender if it is inconsistent with the independent cost plan as detailed in this Report and call an open tender.

9. endorses the appointment of Frasers Property Australia as project

manager for the construction of the Marina Services Building, as detailed in this Report.

10. endorses this Report to be declassified upon the completion of the

construction of the Marina Services Building in accordance with GIPA legislation.

188 RESOLVED: Moran/Marsh

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

CARRIED UNANIMOUSLY

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

Nil

Meeting closed at 9.06 pm




Attachment 1 - Shell Cove Strategic Business Plan





























































Documents

SHELLHARBOUR CITY COUNCIL Minutes of the Ordinary Meeting … · 4/9/19 Launch of Surf & Skate Festival 5/9/19 Employment/Aspirational Expo at Lake Illawarra High School 6/9/19 Shellharbour