shellharbour city council ordinary council meeting – 29 ... · 10/29/2019 · 29 october 2019 9....

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 29 October 2019

This is page 1 of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 29 October 2019

Minutes of the Ordinary Meeting

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

Shellharbour City Centre on Tuesday 29 October 2019 commencing at 6.35 pm

Present

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

In attendance

General Manager C McIntyre A/ Director Council Sustainability M Chiodo Director Community and Customers M Boxall Director Amenity and Assets B Stewart Executive Manager / Public Officer F Lepouras Chief Financial Officer G Grantham Group Manager Asset Strategy W Peterson Group Manager Community Connections K Baget-Juleff Manager Business and Investment T James Airport Manager J Sinclair Media Officer K Wells Senior Executive Assistant (Minute Taker) L Davey Councillor Support Officer J Frasca



1. Acknowledgement to Country

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

2. Apologies

Nil

3. Leave of Absence

Nil

4. Confirmation of Minutes

4.1 Ordinary Council Meeting 8 October 2019

209 RESOLVED: Cattell/Hamilton

That the Minutes of the Ordinary Council Meeting held on 8 October 2019 as circulated be taken as read and confirmed as a correct record of proceedings.

CARRIED UNANIMOUSLY

5. Disclosures of Interest

Councillor Nathan Cattell: Item 8.1 Proposed Development at Killalea State Park Nature of Interest: Councillor Cattell declared a non-pecuniary interest for this item as he was a previous employee of Killalea State Park. Councillor Cattell will absent himself from the meeting during discussion and voting on the matter.



General Manager Carey McIntyre: Item 17.1 General Manager’s Performance – Twelve Month Review 2018/19 Nature of Interest: The General Manager declared a pecuniary interest for this item as he is the subject of the report which also recommends increasing remuneration. The General Manager will absent himself from the Chamber during consideration of this item in accordance with the Code of Conduct. Chief Financial Officer Gary Grantham: (declared at Item 10.2.2): Item 10.2.2 Sale of Property at 47 Roper Road, Albion Park Nature of Interest: The Chief Financial Officer declared a non-pecuniary interest for this item as he is involved in the same sporting club as the principal of the debt collection agency. The Chief Financial Officer will remain in the Chamber to provide advice to Councillors, if required.

6. Condolences

Councillor Moran acknowledged the passing of Peter Taylor, a teacher at Oak Flats Public School and passed on his condolences to his family. The Council acknowledged the following deaths in the Local Government area. Mr Mitchell Brennan Carey of Albion Park Rail Ms Teena Arthur formerly of Barrack Heights Mr Mitre Petkovski of Barrack Heights Mr Mark Ryan of Barrack Heights Mr Ljubo Mlinarevic of Lake Illawarra Ms Mildred Salisbury of Lake South Mr John Stopher of Mount Warrigal Mr Alexander Clifford Calladine of Oak Flats Mrs Janette Temple of Oak Flats Mr Michael Breunig of Shellharbour Mr David Charles Hodgson of Shellharbour Mrs Marie Mulhall of Shellharbour Mrs Carmen Corbacho formerly of Warilla



Mr Antonio Correal of Warilla Mrs Terezia Miller of Warilla Mr Terry Stapleton formerly of Warilla Mrs Maureen Veitch of Warilla

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

7. Mayoral Statements / Reports / Presentations

The Mayor presented the 2019 A R Bluett Memorial Award which was awarded to Council at the Local Government NSW Annual Conference Dinner on 15 October 2019 and passed on her appreciation to Councillors, the General Manager and staff for their contribution to this achievement. The Mayor outlined the events she has attended since the Council Meeting of 8 October 2019: 10/10/19 Citizenship Ceremony 12/10/19 ALGWA Executive Meeting in Wyong 14-16/10/19 NSW Local Government Conference 17/10/19 Southern Youth Family Services Awards Event 19-20/10/19 ALGWA Vic Branch Conference 22/10/19 Visit to Greek Day Care 25/10/19 Man Walk Strategic Planning Day 27/10/19 Graffiti Removal Day 27/10/19 Dogs in the Park “Dogs Day Out” 28/10/19 CivicRisk West Board Meeting 29/10/19 Visit to Farmborough Road Public School Unanderra – to

speak to students about Lake Illawarra 29/10/19 Stella Maris Catholic Primary School – Celebrate Learning



8. Mayoral Minutes

8.1 Proposed Development at Killalea State Park (Attachment 1) Councillor Cattell declared a non-pecuniary interest for Item 8.1 and left the Chamber at 6.49 pm whilst this matter was being considered. Councillor Marsh asked for an update on the investigations that were undertaken in relation to a second access road into Killalea State Park and the costings in relation to this. The General Manager took the Question on Notice.

211 RESOLVED: Mayor Saliba

That Council writes to the State Government requesting that it not proceed with the proposed redevelopment of Killalea State Park until:

i. extensive consultation, engagement and communication is undertaken

with all relevant stakeholders.

ii. the project scope is expanded to include a southern access road.

iii. an assurance is provided that any multi-purpose facility that may be part of the project scope needs to be one that can be used as a facility by the whole community and not only private interests.

CARRIED UNANIMOUSLY Councillor Cattell returned to the Chamber at 7.05 pm. 8.2 Proposed Southern Phone Shareholding Sale (Attachment 2)

212 RESOLVED: Mayor Saliba

1. That Council agree to the sale of Council’s Southern Phone shares to AGL Energy Limited.

2. That Council endorses the sale of shares by executing the Limited

Power of Attorney to appoint the Chairperson (or in his absence the Deputy Chairperson) as Council’s Attorney and representative at the Extraordinary General Meeting to vote in favour of the constitution amendment to sell the Southern Phone shareholding to AGL Energy Limited.

CARRIED UNANIMOUSLY



9. Councillors' Statements / Reports

Councillor Petreski outlined his attendance at the Local Government NSW Annual Conference and passed on his congratulations to Councillors, the General Manager and staff for their contribution to Council winning the A R Bluett Memorial Award. Councillor Petreski also noted the motions that were submitted by Council were carried at the conference. Councillor Petreski outlined his attendance on behalf of the Mayor at the 2019 Illawarra Business Awards held on 18 October 2019 and congratulated Symbio Wildlife Park for winning the business of the year. Councillor Petreski also outlined his attendance at a recent Illawarra Premier League Function. Councillor Hamilton outlined her attendance on behalf of the Mayor at the Marie McCreadie Author Talk held at the City Library on 8 October 2019.

10. Reports

10.1 General Manager

Nil

10.2 Council Sustainability Directorate

10.2.1 Monthly Investment Report - September 2019 (11320763)

213 RESOLVED: Murray/Marsh

That Council receive and note the attached Investment Portfolio report as at 30 September 2019.

CARRIED UNANIMOUSLY

10.2.2 Sale of property at 47 Roper Road, Albion Park (11320956) The Chief Financial Officer declared a non-pecuniary interest for Item 10.2.2 and remained in the Chamber.


That:

1. Council, pursuant to Section 713 and other relevant sections of the Local Government Act 1993, endorse the sale of 47 Roper Road, Albion Park at a public auction.



2. Outstanding Collections (Aust) Pty Ltd be appointed to administer the sale of 47 Roper Road, Albion Park on Council’s behalf.

3. Council delegate authority to the General Manager to take the following

actions in relation to the proposed sale of 47 Roper Road, Albion Park:

a. To set the reserve price for the property at auction. b. To withdraw from sale the property, prior to the commencement of

the auction, if all rates and charges payable (including overdue rates and charges) are paid in full.

c. To negotiate by private treaty and accept offers for sale of the

property if it fails to sell at auction.

4. The Mayor and General Manager, or his nominated delegate, be authorised to sign any documentation associated with the sale of 47 Roper Road, Albion Park under Council’s Seal.

5. Council reserves the right to withdraw the property from sale for technical or legal reasons.

CARRIED UNANIMOUSLY

10.2.3 Lease Agreements - Airspace at 33 Wentworth Street, Shellharbour and 23 Addison Street, Shellharbour (11324879)

215 RESOLVED: Murray/Cattell

That:

1. Council enter lease agreements for the lease of airspaces at 33 Wentworth Street, Shellharbour and 23 Addison Street, Shellharbour.

2. That the lessees be responsible for the costs associated with the

preparation, lodgement and other costs, including legal fees, for the leases.

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

authorised to negotiate, enter into and sign any documentation, including affixing of the Seal of Council, associated with the leasing of airspace related to properties at 33 Wentworth Street, Shellharbour and 23 Addison Street, Shellharbour.

CARRIED UNANIMOUSLY



10.2.4 Updated Draft 2018/19 Draft Annual Financial Reports (Late Report – Attachment 3)

216 RESOLVED: Murray/Moran

1. Council note the updated draft 2018/2019 Annual Financial Reports as at 29 October 2019.

2. That Council approve the application of the signatures of the Mayor,

another Councillor, the General Manager and the Responsible Accounting Officer to the General Purpose and Special Purpose Statements as at 29 October 2019.

3. That the updated draft Annual Financial Reports as at 29 October 2019

be formally referred to Audit Office of NSW for audit.

CARRIED UNANIMOUSLY

10.3 Community and Customers Directorate

10.3.1 Appointment of Community Representatives to the Australia Day Advisory Committee (11320508)

217 RESOLVED: Marsh/Hamilton

That Council endorse the appointment of Harold-John Pador, Liam Baker, Barbara Street, Ron Dryburgh and Kiki Cuda as Shellharbour City Council Community Representatives to the Australia Day Advisory Committee with the length of appointment being a two year period to September 2021.

CARRIED UNANIMOUSLY

10.3.2 Sponsorship Applications - Second Allocation 2019/20 (11320505)

218 RESOLVED: Cattell/Petreski

That Council endorse:

1. The recommendations of the Financial Assistance Working Party and provide sponsorship to the total value of $41,500 to the following events:

Applicant Event details Recommendation Oak Flats Lions Club

March Alive beside the Lake

Reddall Reserve

$2,000

Illawarra Film Festival

Illawarra Film Festival

Shellharbour Civic Centre

$700



Pop up Parties

Pop up Parties

Ocean Beach Hotel $3,700

Kao Kreative

Run Shellharbour

Eric Creary Park, Barrack Point and Reddall Reserve

$3,500

KidsFest

KidsFest Shellharbour 2020

Multiple locations across Shellharbour LGA

$3,000

Shellharbour Club

New Year's Eve Fireworks

Cnr Wattle & Shellharbour Roads

$5,000

i98fm

i98fm Convoy

Shellharbour Airport

$5,600

Rumpus

The Big Draw Shellharbour

Shellharbour Civic Centre

$5,000

Verb Syndicate

Verb Syndicate Mural

Side wall of Addy's restaurant Shellharbour

$8,000

Bright Events

Wings Over Illawarra

Shellharbour Airport

$3,000

Michelle Meares

Carols by the Harbour

Little Park Shellharbour

$2,000

Total $41,500 2. That the sponsored events be added to Council's Calendar of Events

as "sponsored events" CARRIED UNANIMOUSLY

10.4 Amenity and Assets Directorate

10.4.1 Council Report - Tender 2019/39 Hargraves Avenue and Boomerang Avenue Upgrade (11320652)


That Council:

1. In accordance with Clause 178 of the Local Government (General) Regulation (2005), Council accept the tender offer for the contract 2019/39 from Tenderer “A” for the Hargraves Avenue and Boomerang Avenue renewal.



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

CARRIED UNANIMOUSLY

10.4.2 Contract 2019-53 Shellharbour Airport design and construction of the new Airport Terminal and associated works (11311444)


That Council:

1. In accordance with Clause 178 of the Local Government (General) Regulation (2005), Council accept the tender offer for Contract 2019/53 from Tender “A” for Shellharbour Airport Design & Construct of New Airport Terminal & Associated Works.

2. Delegate authority to the General Manager or delegate to negotiate

Provisional Sum items including photovoltaic solar and final design items

3. Authorise the General Manager or his delegate to sign the Letter of

Award and execute the contract, variations and any documents associated with contract 2019/53

4. 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 6 /1

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

10.4.3 Amendments to the Fee Reduction - Dunmore Recycling and Waste Disposal Centre Policy (11320696)

221 RESOLVED: Murray/Petreski

That Council:



1. Council endorse the Fee Reduction Policy – Dunmore Recycling and Waste Disposal Depot to be placed on public exhibition for a period of 28 days calling for submissions.

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

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.

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 Fee Reduction Policy – Dunmore Recycling and Waste Disposal Depot as attached to this report.

CARRIED UNANIMOUSLY

11. Committee Recommendations

11.1 Recommendations from the Traffic Committee Meeting held 2 October 2019 recommended for adoption.

222 RESOLVED: Marsh/Murray

That the Recommendations from the Traffic Committee Meeting held 2 October 2019 of be adopted.

CARRIED UNANIMOUSLY

12. Items for Information

Nil

13. Notices of Rescission/Alteration Motions

Nil

14. Notices of Motion

14.1 Notice of Motion submitted by Clr Peter Moran: Lot 8, DP 244972 and part of Lot 1, DP 260523, Macquarie St, Albion Park (11325009)

223 RESOLVED: Moran/Marsh



1. There are land transaction matters associated with Lot 8, DP 244972 and part of Lot 1, DP 260523, Macquarie St, Albion Park. These actions have been underway, variously over a number of years. In order to ensure these matters progress as promptly as possible, Council officers are to provide Council with a progress report before the end of the calendar year and then every three months thereafter until, such time as the transactions are completed.

2. Given that Lot 8, DP 244972 and part of Lot 1, DP 260523, Macquarie

St, Albion Park, collectively known as Macquarie Park, are being used as informal parking areas Council officers shall prepare a report dealing with the advisability of and practicality of placing sufficient bollards in the area to prevent illegal parking on a Council reserve.

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. 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.

CONFIDENTIAL ITEMS

17.1 General Manager's Performance - Twelve Month Review 2018/19 (11320065)

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

(a) personnel matters concerning particular individuals This matter has been classified as confidential under Section 10A(2)(a) of the Local Government Act 1993 as it relates to the General Manager’s performance review as a personnel matter and is in accordance with the Guidelines for the Appointment and Oversight of General Managers issued by the Office of Local Government (guidelines under Section 23A of the Local Government Act 1993). Declassification of this Report The report will not be declassified.

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 General Manager’s Performance – Twelve Month Review 2018/19 should not be held in Confidential Session (Closed to the Public). No members of the public expressed an interesting in addressing Council.




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.

2. 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)(a) of the Act as outlined above.

3. 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 7.52 pm

Meeting resumed at 8.03 pm The General Manager returned to the chamber at 8.05 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 Executive Manager/Public Officer.

17.1 General Manager's Performance - Twelve Month Review 2018/19 (11320065)

COMMITTEE RECOMMENDATION:

That:

1. the report of the General Manager’s Performance Twelve Month

Review 2018/19 be received and noted. 2. the General Manager’s Performance Review Panel recommendations

as outlined in the 2018/2019 Twelve Month Review report be endorsed.

3. the General Manager’s Performance Review Panel in accordance with Clause 8.3 recognise the ‘better than satisfactory’ performance and award the General Manager Carey McIntyre with a 2% increase in the General Manager’s total remuneration package effective from 25 July 2019.



4. in accordance with Clause 8.5 of the General Manager’s contract, that the 2.5% SOORT Determination be administered to the General Manager’s total remuneration package effective from Carey McIntyre’s anniversary date being 2 November 2019.

5. the General Manager’s Performance Agreement for the period 2019/20

be received and noted.

6. the General Manager’s mid-term review for 2019/2020 be conducted in March 2020.

7. it be noted that in the opinion of the General Manager’s Performance

Review Panel, the General Manager, Carey McIntyre, is continuing to perform at a very good standard level and the Council congratulates him on that performance.

225 RESOLVED: Marsh/Murray

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 8.07 pm



Attachment 1 – Mayoral Minute: 8.1 Proposed Development at Killalea State Park



Attachment 2 – Mayoral Minute: 8.2 Proposed Southern Phone Shareholding Sale



Attachment 3 – Late Report: 10.2.4 Updated Draft 2018/19 Draft Annual Financial Reports

shellharbour city council ordinary council meeting – 29 ... · 10/29/2019 · 29 october 2019 9....

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