Agenda of Ordinary Meeting

Ordinary Meeting

Meeting Date: Tuesday, 23 May, 2017

Location: Council Chambers, City Administrative Building, Bridge Road, Nowra

Membership (Quorum - 7)

All Councillors

Please note: Council’s Code of Meeting Practice permits the electronic recording and broadcast of the proceedings of meetings of the Council which are open to the public. Your attendance at this meeting is taken as consent to the possibility that your image and/or voice may be recorded and broadcast to the public.

Agenda

1. Acknowledgement of Traditional Custodians

2. Opening Prayer

3. Australian National Anthem

4. Apologies / Leave of Absence

5. Confirmation of Minutes

· Ordinary Meeting - 26 April 2017

6. Declarations of Interest

7. Presentation of Petitions

8. Mayoral Minute

9. Deputations and Presentations

10. Notices of Motion / Questions on Notice

CL17.122..... Notice of Motion - Pedestrian Access - Mollymook Beach - Mitchell Parade 1

CL17.123..... Notice of Motion - Development Applications - Lodgement & Processing.... 3

CL17.124..... Notice of Motion - Pedestrian safety - North Nowra and Havenlee School Communities................................................................................................... 5

CL17.125..... Notice of Motion - Residents Rates Guarantee............................................. 7

CL17.126..... Notice of Motion - Council Contribution - Plastic Free July......................... 12

11. Committee Reports

CL17.127..... Report of the Strategy & Assets Committee - 16 May 2017........................ 13

SA17.119.... Proposal to commence Part Year Rating

SA17.120.... March 2017 Quarterly Budget Review

SA17.123.... Grant Funding - Sanctuary Point Shop CCTV additional cameras

SA17.124.... Shoalhaven Tourism Advisory Group - Quorum and Membership

SA17.126.... Local Government Remuneration Tribunal - Determination - Councillor and Mayoral Fees, and the Categorisation of Councils 2017/18

SA17.129.... Outdoor dining on public footpaths - Review of fee waiver

SA17.132.... Surrender of Lease - Reflections Cafe - Slice of Life

SA17.133.... Old Bakery - Disposal of property 124 -126 Jacobs Drive, Sussex Inlet

SA17.138.... Extinguishment of Water Supply Easement - 55 Meroo Road Bomaderry

CL17.128..... Report of the Shoalhaven Traffic Committee - 9 May 2017........................ 16

TC17.20...... Centre Line Marking and No Stopping Extension - Tallwood Avenue, Mollymook Beach (PN 3341)

TC17.21...... Crossing Upgrades - Cambewarra Rd, Bomaderry, Moss St, Osborne St and North St, Nowra, Emmett St, Callala Bay, Hawken Rd, Tomerong and Green St, Ulladulla (PN 3362)

TC17.22...... No Stopping Zone - Intersection Princes Highway and Crescent Street, Ulladulla (PN 3380)

TC17.23...... Double Barrier Centre Line Marking - Sanctuary Point Rd, Sanctuary Point (PN 3381)

TC17.24...... No Stopping Zone - Duncan Street, Vincentia (PN 3382)

TC17.25...... Centre Line Marking & Warning Signage - Donlan Road & Garside Road, Mollymook Beach (PN 3383)

TC17.26...... Car & Trailer Combination Only Parking - Boat Harbour, Bendalong (PN 3384)

TC17.27...... Parking Restrictions - Red Point Road, Bendalong (PN 3385)

TC17.28...... No Stopping Zone - Lister Court, Hyams Beach (PN 3390)

TC17.29...... Disabled Parking Space - Crookhaven Heads Boat Ramp, Culburra Beach (PN 3391)

TC17.30...... Disabled Parking Space - Parkes Crescent, Callala Beach (PN 3392)

TC17.31...... Road Weight Restriction - Upper Kangaroo River Road, Barrengarry (PN 3393)

TC17.32...... Raised Pedestrian Crossing - West Birriley Street and North Tarawal Street, Bomaderry (PN 3351)

12. Reports

CL17.129..... Performance Audits...................................................................................... 39

CL17.130..... Sale of Council Employment Land - Lot 15 DP 1096605, 24 Duranbah Drive, Huskisson NSW............................................................................................ 40

CL17.131..... Sale of Council Employment Land - Lot 121 DP 1124258, 16 Trim Street, South Nowra NSW.................................................................................................. 42

CL17.132..... Investment Report April 2017....................................................................... 44

CL17.133..... Corporate Business System & Services - Evaluation & Recommendation Tender Report........................................................................................................... 47

CL17.134..... Proposal for the Development of an Aged Care Facility on Crown Land at Shoalhaven Heads............................................................................................................ 49

CL17.135..... Proposed Affordable Housing Project at North Nowra................................ 55

CL17.136..... Revised Offer to Purchase Lot 1 DP 1021332 at George Evans Road Mundamia...................................................................................................................... 57

CL17.137..... Proposed Licence to Council of 'Waratah Park' 49 Meroo St, Bomaderry.. 58

CL17.138..... Acquisition of 109, 111, 111A & 113 Cambewarra Road, Bomaderry for the Shoalhaven Community & Recreational Precinct........................................ 63

CL17.139..... Tenders - Bendalong Road Conjola - Blackspot Road Work and Shoulder Widening...................................................................................................................... 64

CL17.140..... Tenders - Report Woollamia Boat Ramp and Pontoons Construction........ 66

CL17.141..... Construction of New Waste Transfer Station - West Nowra........................ 68

CL17.142..... Management & Operation of Comerong Island Ferry Service Tender........ 70

CL17.143..... Progress Report - Nowra CBD Revitalisation Committee - Strategy Implementation...................................................................................................................... 72

CL17.144..... Australian Coastal Councils Conference..................................................... 83

13. Confidential Reports

Committee Reports

CCL17.21.... Report of the Strategy & Assets Committee - 16 May 2017

CSA17.9...... Renewal Agreement - Illuminated Street Name Signs - Claude Outdoor Pty Ltd

Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.

CSA17.10.... Proposed Deed of Agreement with adjoining owner - Lot 25A DP5996 Bryces Road, Far Meadow

Local Government Act - Section 10A(2)(c) - Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

Reports

CCL17.22.... Code of Conduct Complaint - Report by Conduct Reviewer

Local Government Act - Section 10A(2)(i) - Alleged contraventions of any code of conduct requirements applicable under section 440.

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to prejudice the supply to an agency of confidential information that facilitates the effective exercise of that agency’s functions and/or found an action against an agency for breach of confidence or otherwise result in the disclosure of information provided.

CCL17.23.... Code of Conduct Complaint - Report by Conduct Reviewer

Local Government Act - Section 10A(2)(i) - Alleged contraventions of any code of conduct requirements applicable under section 440.

CCL17.24.... Corporate Business System & Services - Evaluation & Recommendation Tender Report

Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

CCL17.25.... Proposed Affordable Housing Project at North Nowra

Local Government Act - Section 10A(2)(d)(ii) - Information that would, if disclosed, confer a commercial advantage on a competitor of the council.

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to undermine competitive neutrality in connection with any functions of an agency in respect of which it competes with any person or otherwise place an agency at a competitive advantage or disadvantage in any market.

CCL17.26.... Revised Offer to Purchase Lot 1 DP 1021332 at George Evans Road Mundamia

Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

CCL17.27.... Proposed Acquisition of land required for the Far North Collector Road

Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

CCL17.28.... Acquisition of 109,111,111A & 113 Cambewarra Road, Bomaderry for the Shoalhaven Community & Recreational Precinct

Local Government Act - Section 10A(2)(c) - Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

CCL17.29.... Tenders - Bendalong Road Conjola - Blackspot road work and Shoulder Widening

Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

CCL17.30.... Tenders - Woollamia Boat Ramp and Pontoon Construction

Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

CCL17.31.... Tenders – Construction of New Waste Transfer Station - West Nowra

Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

CCL17.32.... Management & Operation of Comerong Island Ferry Service Tender

Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

Ordinary Meeting – Tuesday 23 May 2017

Page 7

CL17.125 Notice of Motion - Residents Rates Guarantee

HPERM Ref: D17/157412

Submitted by: Clr Andrew Guile

Purpose / Summary

The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.

Recommendation

That Council undertake not to impose any special rating variation above a dollar limit of $150 and that no residential ratepayer pays more than a 13.2% increase based on 2016 residential rates.

Background

This motion is based on the assumption that Council resolves to impose the full IPART special rate variation and is in that case a fallback position that seeks to protect rate payers from unaffordable increases.

Note by the General Manager

The proposal from the Notice of Motion is quite legally complex and a major variation to the draft Revenue & Rating Policy already on public exhibition. Such a significant change requires more than one working day for staff to fully assess and requires a more comprehensive report back to council for it to understand the implications. One implication is that population centres that have experienced substantial growth in property valuations (well above the average increase for the City e.g. Berry) would be rated at a lower ad valorem rate than other population centres. The proposal, if adopted by council would in any case require a further 28 day public exhibition period once council considered a further report. Some of the relevant legislative provisions to consider would include:

Residential Rate Categorisation

LG Act

493 Categories of ordinary rates and categories of land

(1) There are 4 categories of an ordinary rate and 4 categories of rateable land:

• farmland

• residential

• mining

• business.

(2) These categories may, at a council’s discretion, be divided into sub-categories in accordance with section 529.

494 Ordinary rates must be made and levied annually

(1) A council must make and levy an ordinary rate for each year on all rateable land in its area.

(2) Each category or subcategory of ordinary rate is to apply only to land of the same category or subcategory.

499 The base amount

(1) A council may, in a resolution making a rate, specify a base amount of the rate, or a base amount for a category or sub-category of an ordinary rate.

(2) The base amounts so specified may be the same or different amounts.

(3) The appropriate base amount so specified is to form part of the rate levied on each separate parcel of rateable land subject to the rate.

(4) A base amount specified for a parcel of land may not differ from a base amount specified for any other parcel of land within the same category or subcategory unless:

(a) the land values of the parcels were last determined by reference to different base dates, and

(b) the Minister approves the different base amounts.

516 Categorisation as residential

(1) Land is to be categorised as residential if it is a parcel of rateable land valued as one assessment and:

(a) its dominant use is for residential accommodation (otherwise than as a hotel, motel, guest-house, backpacker hostel or nursing home or any other form of residential accommodation (not being a boarding house or a lodging house) prescribed by the regulations), or

(b) in the case of vacant land, it is zoned or otherwise designated for use under an environmental planning instrument (with or without development consent) for residential purposes, or

(1A) For the purposes of this section, a boarding house or a lodging house means a building wholly or partly let as lodging in which each letting provides the tariff-paying occupant with a principal place of residence and in which:

(a) each tariff charged does not exceed the maximum tariff for boarding houses or lodging houses for the time being determined by the Minister by order published in the Gazette for the purposes of this subsection, and

(b) there are at least 3 tariff-paying occupants who have resided there for the last 3 consecutive months, or any period totalling 3 months during the last year,

and includes a vacant building that was so let immediately before becoming vacant, but does not include a residential flat building, licensed premises, a private hotel, a building containing serviced apartments or a backpacker hostel or other tourist establishment.

(2) The regulations may prescribe circumstances in which land is or is not to be categorised as residential.

528 Rate may be the same or different for different categories

(1) The ad valorem amount (the amount in the dollar) of the ordinary rate may be the same for all categories of land or it may be different for different categories.

529 Rate may be the same or different within a category

(1) Before making an ordinary rate, a council may determine a sub-category or sub-categories for one or more categories of rateable land in its area.

(2) A sub-category may be determined:

(a) for the category “farmland”—according to the intensity of land use, the irrigability of the land or economic factors affecting the land, or

(b) for the category “residential”—according to whether the land is rural residential land or is within a centre of population, or

(d) for the category “business”—according to a centre of activity.

Note. In relation to the category “business”, a centre of activity might comprise a business centre, an industrial estate or some other concentration of like activities.

(3) The ad valorem amount (the amount in the dollar) of the ordinary rate may be the same for all land within a category or it may be different for different sub-categories.

(4) Land may be taken to be irrigable for the purposes of subsection (2) (a) if, and only if, it is the subject of a water right within the meaning of the Valuation of Land Act 1916.

601 Hardship resulting from certain valuation changes

(1) A ratepayer who, as a consequence of the making and levying of a rate on a valuation having a later base date than any valuation previously used by a council for the making and levying of a rate, suffers substantial hardship, may apply to the council for relief under this section.

(2) The council has a discretion to waive, reduce or defer the payment of the whole or any part of the increase in the amount of the rate payable by the ratepayer in such circumstances, for such period and subject to such conditions as it thinks fit.

(3) An applicant who is dissatisfied with a council’s decision under this section may request the council to review its decision and the council, at its discretion, may do so.

Dictionary

rural residential land means land that:

(a) is the site of a dwelling, and

(b) is not less than 2 hectares and not more than 40 hectares in area, and

(i) not zoned or otherwise designated for use under an environmental planning instrument, or

(ii) zoned or otherwise designated for use under such an instrument for non-urban purposes, and

(d) does not have a significant and substantial commercial purpose or character.

OLG Council Rating and Revenue Raising Manual

6.4 Sub-categories of the residential category of the ordinary rate

Before making the ordinary rate, council may determine a sub-category or sub-categories for the "residential" category: section 529(1).

By virtue of section 529(2)(b) of the Act, a sub-category for the "residential" category may be determined according to whether the land is rural residential land or within a centre of population.

It is emphasised that section 529(2)(b) does not permit council to determine sub-categories solely or predominantly on the basis of land value, whether on a property-by-property basis or otherwise. In that regard, if council wishes to minimise the effect of land valuations on total rates payable, the use of base amounts would help to achieve this while not disturbing the land valuation relativities between parcels of land. Determination of sub-categories must be conducted according to the factors set out in section 529(2). Section 601 may be utilised to ameliorate substantial hardship in the case of individual ratepayers.

While section 529(2)(b) does not permit council to determine sub-categories solely or predominantly on the basis of land value, sub-categories can be determined to facilitate large fluctuations in land value in a certain part of a council’s area, as long as the sub-categories are determined in accordance with section 529(2)(b).

In the view of the Department, the words centre of population as they occur in section 529(2)(b) of the Act have their ordinary Dictionary meaning.

It is for council to consider the definition when making decisions about sub-categories for the purpose of residential rating.

Nevertheless the following guidelines are provided for councils:

• Separate towns or villages may be regarded as discrete centres of population.

• Wherever contiguous urban development exists the criteria that should be present in order to constitute a centre of population are:

o that there is a discernible community of interest amongst the residents which differs from those living outside that part of the area; and,

o that part of the council area is independently serviced by infrastructure which reflects the focus of that part of the area as a centre of population.

• A centre of population should not be a device intended to enable rating variations within an homogeneous suburb or suburbs, or by street, or by any special feature such as proximity to water.

It is clear that sub-categorisation on the basis of centres of population may have limited application within the suburbs of the main urban centres.

As to the expression rural residential land, see the definition in the Dictionary at the end of the Act. If a council sub-categorises an ordinary residential rate to apply to "rural residential land" that rate must be applied to all land throughout the area that qualifies under that definition. There is no authority for the council to apply the sub-categorised rate to some parcels of rural residential land and not others.

6.5 Rural residential land sub-categorisation is not mandatory.

Some councils have interpreted the Act as requiring the mandatory automatic sub-categorisation of land as "rural residential land" if it meets the criteria contained in that definition regardless that the councils concerned had no intention of differentiating the ordinary rate proposed to be levied in respect of land categorised as "residential" within their areas.

The correct position is that it is only in cases where the council is intending to establish a "rural residential land" ordinary rate sub-category within its ordinary "residential" rating structure that it will need to assess whether a parcel of land will qualify in terms of the "rural residential land" definition.

Moreover, it is not always a pre-requisite that councils sub-categorise "rural residential land" in order to confer a lower ordinary residential rate for "residential" land situated in rural areas in comparison to the "residential" ordinary rate that will apply to "residential" land within towns and villages etc.

Councils are cautioned that if it is their intention to provide a sub-categorised residential ordinary rate to all residential land outside towns and villages, relying on the use of "rural residential land" sub-categorisation would result in failure to achieve that policy objective. This is because the rural residential land ordinary rate can only be applied to land which fits that definition. All land used for residential purposes outside the towns and villages (which is not farmland) and is less than 2 or greater than 40 hectares in area must fail to qualify for the "rural residential land" ordinary rate as it is not "rural residential land".

The simple and correct method to implement a residential ordinary rate intended to apply to all residential land outside towns and villages is for the council to resolve to make a "residential" ordinary rate that will apply to all land categorised "residential" throughout the whole of its area excepting that land categorised "residential" situated within a designated centre (or centres) of population which can either be some or all of the towns, villages, or portions of the council's area (whose boundaries are defined by acceptable means). The council's resolution then can proceed to attribute a higher residential sub-category ordinary rate to the latter land.

Ordinary Meeting – Tuesday 23 May 2017

Page 13

CL17.127 Report of the Strategy & Assets Committee - 16 May 2017

HPERM Ref: D17/159253

SA17.119 Proposal to commence Part Year Rating

HPERM Ref: D17/130565

Recommendation

That Council commence Part Year Rating from the 2017/18 Rating Year and approve the creation of a new full-time Rates Officer position.

SA17.120 March 2017 Quarterly Budget Review

HPERM Ref: D17/130938

Recommendation

That Council:

1. Adopt the March Quarterly Budget Review and vote movements outlined in the Quarterly Budget Review Statement;

2. Fund the Sussex Inlet Streetscape improvements for the full scope of works, which will cost Council an additional $500K. Council has identified $500,000 in the draft 2017/18 DP/OP & budget documents for “Streetscape renewals” funded by the SRV. This could be allocated to Sussex Inlet Stage 2 if council decides to adopt the 13.2% rate increase approved by IPART.

SA17.123 Grant Funding - Sanctuary Point Shop CCTV additional cameras

HPERM Ref: D17/133195

Recommendation

That Council accept the Safer Communities Funding to the value of $31,000 to enable the installation of two additional CCTV units at the rear of the Sanctuary Point Shops and vote the funds for the works.

SA17.124 Shoalhaven Tourism Advisory Group - Quorum and Membership

HPERM Ref: D17/137336

That:

1. The Terms of Reference for Shoalhaven Tourism Advisory Group (STAG) be amended as follows;

a. The membership shall comprise of the following delegates:

b. A maximum of 9 skills based Industry Representatives, each position holding one membership vote each

c. All Councillors to be recognized as official members, with membership vote limited to two positions, voting Councillors to be nominated to STAG by Council.

d. Chairperson of the Shoalhaven Sports Board

e. A representative of National Parks and Wildlife (NPWS) as nominated by NPWS, holding one membership vote

f. The Mayor

2. The quorum be set to 7 members.

3. Council delegate to the STAG the following powers

a. To endorse the Tourism Promotions budget

b. To review the Tourism Promotions budget on a quarterly basis

c. To expend the funds from the Tourism promotions budget

SA17.126 Local Government Remuneration Tribunal - Determination - Councillor and Mayoral Fees, and the Categorisation of Councils 2017/18

HPERM Ref: D17/143049

Recommendation

That Council note the Local Government Remuneration Tribunal review of annual fees and agree to adjust Councillor and Mayoral fees for the 2017/18 financial year to $19,310 and $42,120 respectively.

SA17.129 Outdoor dining on public footpaths - Review of fee waiver

HPERM Ref: D17/122659

Recommendation

That:

1. The report be received for information;

2. The waiving of the flat rate continue and outdoor dining fees be reveiwed within 12 months;

3. The application fee of $161.20 commence 1^st July 2017.

SA17.132 Surrender of Lease - Reflections Cafe - Slice of Life

HPERM Ref: D17/137786

Clr Gash – SA17.132 - Surrender of Lease - Reflections Café - Slice of Life – less than significant non pecuniary interest declaration – remained in the room and took part in discussion and vote – Karen Anstiss is known to her and stood for Team Gash in the 2012 election.

Recommendation

That Council, in its capacity as the Worrigee (R97869) Reserve Trust agrees to the surrender by Slice of Life Australia of the Reflections Café lease as at 31 May 2017.

SA17.133 Old Bakery - Disposal of property 124 -126 Jacobs Drive, Sussex Inlet

HPERM Ref: D17/139588

Recommendation

That Council:

1. Advertise its intention to dispose of the Old Sussex Inlet Bakery in accordance with Policy 16/256 and if no objections are received, authorise the sale by public auction of the property located at 124-126 Jacobs Drive, Sussex Inlet comprised in Lots 97 & 98 DP 21038

2 Authorise the General Manager to set the auction reserve (based on valuation advice) and to finalise the terms of a sale within 10% of the reserve or list price in the case of a private treaty sale if the property fails to sell at auction.

3. Fund all costs associated with the sale from job 88818 and the net income be placed in the Strategic Property Reserve; and

4 Grant authority to affix the Common Seal of the Council to any documents required to be sealed and that the General Manager be authorised to sign any documents necessary to give effect to this resolution.

SA17.138 Extinguishment of Water Supply Easement - 55 Meroo Road Bomaderry

HPERM Ref: D17/147203

Recommendation

That

1. Council resolve to extinguish the Easement for Water Supply 3.048 wide over Lot 1 DP249217 at Bomaderry, as shown by hatching on copy of DP249217 marked ‘Attachment 1’.

2. Council’s costs to extinguish the easement are to be met from Shoalhaven Water’s Water Fund.

3. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.

Ordinary Meeting – Tuesday 23 May 2017

Page 16

CL17.128 Report of the Shoalhaven Traffic Committee - 9 May 2017

HPERM Ref: D17/149312

Attachments: 1. TRAF 2017/20 ⇩

2. TRAF 2017/21a ⇩

3. TRAF 2017/21b ⇩

4. TRAF 2017/21c ⇩

5. TRAF 2017/21d ⇩

6. TRAF 2017/21e ⇩

7. TRAF 2017/21f ⇩

8. TRAF 2017/21g ⇩

9. TRAF 2017-22 ⇩

10. TRAF 2017-23 ⇩

11. TRAF 2017-24 ⇩

12. TRAF 2017-25 ⇩

13. TRAF 2017-26 ⇩

14. TRAF 2017-27 ⇩

15. TRAF 2017-28 ⇩

16. TRAF 2017-29 ⇩

17. TRAF 2017-30 ⇩

18. TRAF 2017-31 ⇩

19. TRAF 2017/32 ⇩

The Shoalhaven Traffic Committee is a technical review committee not a committee of Council under the Local Government Act, 1993.

The Roads and Maritime Services has delegated certain powers to Council under the Transport Administration Act 1988 (Section 50). A condition of this delegation is that Council must take into account the Traffic Committee recommendations.

IMPORTANT NOTE:

Council cannot amend a Traffic Committee recommendation. The Council can only:

1. Adopt the Traffic Committee recommendation;

2. Not Adopt the Traffic Committee recommendation; or

3. Request the Traffic Committee reconsider the issue.

Other issues can be raised Additional Business at the Ordinary Meeting.

The full guide to the delegation to Council’s for the regulation of traffic can be viewed at: RMS Website

TC17.20 Centre Line Marking and No Stopping Extension - Tallwood Avenue, Mollymook Beach (PN 3341)

HPERM Ref: D17/133442

Recommendation:

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed centre line marking and the No Stopping zone extension in Tallwood Avenue, Mollymook Beach, as detailed in TRAF 2017/20, which includes:

1. extension of the existing double barrier (BB) centre line marking along Tallwood Avenue, from its intersection with Mitchell Parade to its intersection with Jones Avenue.

2. extension of the existing No Stopping zone approximately 35m on the northern side of Tallwood Avenue from the frontage of 88 Tallwood Avenue to the boundary of 86 Tallwood Avenue and 56 Jones Avenue.

TC17.21 Crossing Upgrades - Cambewarra Rd, Bomaderry, Moss St, Osborne St and North St, Nowra, Emmett St, Callala Bay, Hawken Rd, Tomerong and Green St, Ulladulla (PN 3362)

HPERM Ref: D17/133450

Recommendation:

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the upgrade the existing crossings to raised thresholds adjacent to the following schools; Bomaderry Public School, Cambewarra Road, Bomaderry; Tomerong Public School, Hawken Road, Tomerong; St Michaels Catholic Primary School, North Street & Osborne Street, Nowra; Callala Bay Public School, Emmett Street, Callala Bay and Ulladulla Public School, Green Street, Ulladulla and the upgrade of the kerb extensions adjacent to Nowra High School, Moss Street, Nowra to a pedestrian crossing, as detailed in plan TRAF 2017/21 a, b, c, d, e, f and g.

TC17.22 No Stopping Zone - Intersection Princes Highway and Crescent Street, Ulladulla (PN 3380)

HPERM Ref: D17/133462

Recommendation:

That the General Manager (Director Assets and Works) be requested to arrange for the installation of a No Stopping zone on the eastern side of Princes Highway for a distance of 20m immediately south of its intersection with Crescent Street, Ulladulla, as detailed in TRAF 2017/22.

TC17.23 Double Barrier Centre Line Marking - Sanctuary Point Rd, Sanctuary Point (PN 3381)

HPERM Ref: D17/133493

Recommendation:

That the General Manager (Director Assets and Works) be requested to arrange for the installation of double barrier centre line marking along Sanctuary Point Road for a distance 60m north and 75m south of Edmund Street intersection, Sanctuary Point, as detailed in TRAF 2017/23.

TC17.24 No Stopping Zone - Duncan Street, Vincentia (PN 3382)

HPERM Ref: D17/133496

Recommendation:

That the General Manager (Director Assets and Works) be requested to arrange for the installation of a 10m No Stopping zone in the hammer head (turning area) opposite property number 90 & 92 Duncan Street, Vincentia, as detailed in TRAF 2017/24.

TC17.25 Centre Line Marking & Warning Signage - Donlan Road & Garside Road, Mollymook Beach (PN 3383)

HPERM Ref: D17/133506

Recommendation:

That the General Manager (Director Assets and Works) be requested to arrange for the installation of the following line marking and signage, at the intersection of Donlan Road and Garside Road, Mollymook Beach, as detailed in TRAF 2017/25:

1. 60m of double barrier line marking along Donlan Road, centred across its intersection with Garside Road, ensuring a 10m break at the intersection.

2. a T-intersection warning sign on the minor approach to the intersection of Garside Road and Donlan Road.

TC17.26 Car & Trailer Combination Only Parking - Boat Harbour, Bendalong (PN 3384)

HPERM Ref: D17/133515

Recommendation:

That the General Manager (Director Assets and Works) be requested to arrange for the installation of the following line marking and signage changes at the Boat Harbour Beach Boat Ramp Area, Bendalong, as detailed in TRAF 2017/26:

1. two (2) marked ‘CAR / TRAILER COMBINATION ONLY’ parking spaces between the two existing boat ramps at boat harbour beach. As a trial to be reviewed after the 2017/2018 summer period.

2. a 23m 'CAR / TRAILER COMBINATION ONLY' zone, on the southern side of the ‘headland overflow’ parking.

TC17.27 Parking Restrictions - Red Point Road, Bendalong (PN 3385)

HPERM Ref: D17/133526

Recommendation:

That the General Manager (Director Assets and Works) be requested to arrange for the installation of a 140m (approx.) No Stopping zone on the western side of Red Point Road from its intersection with Boronia Street to its intersection with Waratah Street, Bendalong, as detailed in TRAF 2017/27.

TC17.28 No Stopping Zone - Lister Court, Hyams Beach (PN 3390)

HPERM Ref: D17/133527

Recommendation:

That the General Manager (Director Assets and Works) be requested to arrange for the installation of a 30m (approx.) No Stopping zone on the southern side of Listrer Court adjacent to the access to 6 Lister Court, Hyams Beach, as detailed in TRAF 2017/28.

TC17.29 Disabled Parking Space - Crookhaven Heads Boat Ramp, Culburra Beach (PN 3391)

HPERM Ref: D17/133535

Recommendation:

That the General Manager (Director Assets and Works) be requested to arrange for the installation of a disabled parking space at the Crookhaven Boat Ramp, Culburra Beach, as detailed in TRAF 2017/29.

TC17.30 Disabled Parking Space - Parkes Crescent, Callala Beach (PN 3392)

HPERM Ref: D17/133541

Recommendation:

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the previously installed disabled parking space and associated shared zone in Parkes Crescent, Callala Beach adjacent to Parkes Crescent Park as detailed in TRAF 2017/30.

TC17.31 Road Weight Restriction - Upper Kangaroo River Road, Barrengarry (PN 3393)

HPERM Ref: D17/133549

Recommendation:

That the General Manager (Director Assets and Works) be requested to arrange for the installation of ‘no trucks’ R6-10-2B and ‘gross load limit 10t’ R6-4B signage at the Council gate located on Upper Kangaroo River Road, Barrengarry, 12km from the intersection of Moss Vale Road, as detailed in TRAF 2017/31.

TC17.32 Raised Pedestrian Crossing - West Birriley Street and North Tarawal Street, Bomaderry (PN 3351)

HPERM Ref: D17/142524

Recommendation:

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the installation of a raised pedestrian crossing at the curve on West Birriley Street and North Tarawal Street, Bomaderry as detailed in TRAF 2017/32.

Ordinary Meeting – Tuesday 23 May 2017

Page 44

CL17.132 Investment Report April 2017

HPERM Ref: D17/153242

Group: Finance Corporate & Community Services Group

Section: Finance

Attachments: 1. Shoalhaven Monthly Investment Report - April 2017 (under separate cover) ⇨

Purpose / Summary

Under Section 625 of the Local Government Act 1993 and Clause 212 of the Local Government (General) Regulation, it is a requirement to provide a written report to Council on a monthly basis setting out details of all money that Council has invested.

Recommendation

That the Report of the General Manager (Finance Corporate and Community Services Group) on the Record of Investments for the period to 30 April 2017 be received for information.

Options

1. The report on the Record of Investments for the period to 30 April 2017 be received for information

Implications: Nil

2. Further information regarding the Record of Investments for the period to 30 April 2017 be requested

Implications: Staff will need to prepare a further report to provide any information that is required.

3. The report on the Record of Investments for the period to 30 April 2017 be received for information with any changes requested for the Record of Investments to be reflected in the report for the period to 31 May 2017

Implications: Nil

Background

Please refer to the attached monthly report provided by Council’s Investment Adviser – CPG Research and Advisory Pty Ltd.

Further comparisons and budget review is found below:

The interest earned for the month of April was $524,969.09 which was $61,954.15 above budget.

The table below lists the major movements:

Total Cash and Investments	- $220,432
Unrestricted General Fund Cash	+ $327,988
Loans – General Fund	+ $2,637,096	Receipt of TCorp Loan $3.5m less expenditure on projects
Grant Reserve	- $1,228,681	Expenditure occurring on projects
Waste Disposal	- $1,118,099	Expenditure occurring with April not being a rates instalment month
Sewer Fund	- $1,020,956	Expenditure on REMS
Water Fund	+ $802,183	Income received is more than expenditure for the month

Certification – Responsible Accounting Officer:

I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulations 2005 and Council’s Investments Policy number POL15/51.

Michael Pennisi

Chief Financial Officer

Financial Implications

It is important for Council to be informed in regard to its investments on a regular basis. Revenue from interest on investments forms a vital part of Council’s revenue stream.

Ordinary Meeting – Tuesday 23 May 2017

Page 47

CL17.133 Corporate Business System & Services - Evaluation & Recommendation Tender Report

HPERM Ref: D17/154546

Group: Finance Corporate & Community Services Group

Section: Corporate Business Improvement

Purpose / Summary

To inform Council of the tender process for Corporate Business System & Services Project.

In accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, some information should remain confidential as it would, if disclosed, prejudice the commercial position of the person who supplied it. It is not in the public interest to disclose this information as it may reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests. This information will be considered under a separate confidential report.

This report is submitted directly to the Ordinary Council Meeting pursuant to Clause 3 of Council’s “Acceptance of Tenders – Reports to Council” Policy.

Recommendation

That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

Details

Since the termination of the contract with Civica, on Friday 22^nd July 2016, the Project team took a review of the current offerings in the Local Government software market and found that there were only two other vendors, Infor Global Solutions (Infor) and Technology One Limited (Technology One), who could provide a solution as outlined in the original assessment report.

This report recommended a future strategic direction for Council’s corporate software replacement, including: -

· A Single Vendor approach which is expected to provide a better financial outcome for Council, when all options are compared on a whole-of-life annual cost basis;

· A Single Vendor Integrated approach should provide efficiency and productivity improvements, which can be attributed to a financial value;

· A Single Vendor approach is expected to provide significant non-financial benefits;

· And a corporate business solution being paramount for Council to move forward and provide a suite of process improvements from the standardisation of data providing a single source of truth and single entry of data.

As part of the next steps, in early December 2016, key Stakeholders received high level demonstrations from both Infor & Technology One. Each vendor was requested to provide an overview of their product including demonstration of specific end to end processes selected by Council stakeholders.

Following the completion of the demonstrations, a meeting was held on 21 December 2016, between the ICT Control Group and Section Managers to discuss and provide feedback on the demonstrations. It was determined by all attendees, that either one of the vendors would be able to provide the requirements outlined within Councils IT strategic plan.

Following this determination, the ICT Control Group, sought advice from Maddocks regarding next steps and it was confirmed that Council could issue a new restricted tender to these two vendors for the provision of a Corporate Business System & Services. Both vendors are deemed specialists in the local government industry.

Tenders Received

Tenders were received from the following:

Tenderer	Location
Technology One	North Sydney
Infor Global Solutions (Infor)	Chatswood

Details relating the evaluation of the tenders are contained in the confidential report.

Ordinary Meeting – Tuesday 23 May 2017

Page 49

CL17.134 Proposal for the Development of an Aged Care Facility on Crown Land at Shoalhaven Heads

HPERM Ref: D17/142348

Group: Assets & Works Group

Section: Business & Property

Attachments: 1. Letters from Gareth Ward MP & Minister for Lands and Forestry ⇩

2. Proposed Site for Retirement Village ⇩

Purpose / Summary

To receive advice from Gareth Ward MP, Member for Kiama and Paul Toole MP, Minister for Lands and Forestry about the availability of Crown land at Shoalhaven Heads for development of an Aged Care Facility (also referred to as an “Aged Care Retirement Lifestyle Facility” and a “Senior Living and Children Centre Development”).

Recommendation

That:

1. The advice from the Minister for Lands and Forestry to Gareth Ward MP (Attachment 1) in relation to the Crown land at Shoalhaven Heads be noted.

2. Shoalhaven Heads CCB be advised that Council does not intend to pursue this matter any further on the basis of such advice.

Options

1. Adopt the recommendation.

Implications: Council will not pursue the development of an aged care facility on Crown land at Shoalhaven Heads.

2. Propose an alternative and provide further direction to staff.

Background

A proposal for the development of an aged care facility at Shoalhaven Heads has been actively pursued by community groups and in particular by the Shoalhaven Heads CCB for a number of years.

On 8 December 2015, it was resolved that in accordance with the Committee’s delegated authority from Council, the Strategy & Assets committee request the General Manager:

a) To commence discussions with the Minister for Crown Lands with a view to secure control of the 10ha Crown land site situated north of Scott Street, Shoalhaven heads for the use of an Aged Care Retirement Lifestyle Facility.

b) Along with the Mayor and Deputy Mayor meet with the Member for Kiama Gareth Ward to discuss the future proposal of an Aged Care Retirement lifestyle Facility at Shoalhaven Heads on Crown Land. Following this meeting a Councillor Briefing be held.

Numerous meetings to discuss this proposed development have since been held with members of the Shoalhaven Heads CCB, successive Mayors, Councillors and staff together with Gareth Ward as Member for Kiama, representing the part of his constituency at Shoalhaven Heads.

As a result of those meetings, at least two separate representations were made to the Minister responsible for administration of the Crown Lands Act seeking an agreement to transfer the subject land to Council free of cost to facilitate the development of the Aged Care facility.

The latest advice from the Minister for Lands and Forestry (Attachment 1) is summarised as follows:

· Crown land may be vested in Council where the proposed use of the land will facilitate core Council functions.

· The development of a “Senior Living and Children Centre” is not considered to be a core Council function.

· Council’s best prospect of gaining control of the land is by compulsory acquisition – compensation required (emphasis added).

· Department of Industry – Lands would have difficulty in supporting an application for landowner’s consent to lodge a development application for Council’s proposal, or that of any third party (emphasis added).

· Department of Industry – Lands would also not consent to a lease over the subject Crown land for development purposes as the proposed development would not be consistent with Section 11 of the Crown Lands Act (S11 deals with the principles of Crown land management).

In light of this advice, the development of any facility on the subject land is not likely to eventuate.

In the circumstances, the proposed aged care facility on Crown land at Shoalhaven Heads (Attachment 2) should not be further considered and the Shoalhaven Heads CCB should be advised accordingly.

Ordinary Meeting – Tuesday 23 May 2017

Page 58

CL17.137 Proposed Licence to Council of 'Waratah Park' 49 Meroo St, Bomaderry

HPERM Ref: D17/151278

Group: Assets & Works Group

Attachments: 1. GIS Aerial View - 49 Meroo Street, Bomaderry ⇩

2. Street View - 49 Meroo Street, Bomaderry ⇩

3. Community Consultative Bodies - Guidelines (under separate cover) ⇨

Purpose / Summary

To provide advice to Council on the Pride of Bomaderry’s request for Council to enter into a licence over private land known as Waratah Park at 49 Meroo St, Bomaderry, (Lot B DP 367157) shown on Attachments 1 (aerial view) and 2 (street view).

Recommendation

That Council

1. Recognise and congratulate the efforts of the Pride of Bomaderry Community Consultative Body to beautify the Bomaderry CBD;

2. Request the Pride of Bomaderry form a Parkcare group for the ongoing maintenance of Waratah Park;

3. Enter into a licence with the owners of Waratah Park at 49 Meroo St, Bomaderry for the ongoing public use of the land and delegate authority to the General Manager or his nominee to finalise the details of any agreement;

Options

1. Proceed in accordance with the recommendation

Implications: Enter into a licence with the owners of the property conditional on the CCB members forming a Parkcare group which will be responsible for the ongoing maintenance of Waratah Park.

2. Resolve not to enter into a licence with the owners of 49 Meroo St, Bomaderry for the ongoing public use of land known as ‘Waratah Park’.

Implications: The CCB may not be satisfied with the outcome. The owners may choose to revoke their arrangement with the CCB and prohibit public use of their private land.

3. Propose an alternative and provide further direction to staff.

Background

The Pride of Bomaderry was endorsed by Council as a Community Consultative Body (CCB) by MIN14.645 on 16 September 2014. Since its inception, one of its major projects has been to improve the appearance of the main street of Bomaderry.

In the Pride of Bomaderry’s first correspondence to Council, the group outlined an intention to enter into an agreement with the owners of 49 Meroo St, Bomaderry to use this private vacant land for public open space. The group provided an artist’s view of the planned improvements to the land and also enclosed the following consent on behalf of the owners:

‘I agree to the Pride of Bomaderry Committee approaching Council to use my property 49 Meroo Street, Bomaderry as public open space subject to the waiving of rates and Council maintaining the facility for the benefit of the public until the property is sold.’

The CCB acting Chairman had stated that the owner(s):

‘is not anxious to sell the property at the moment unless an offer well above market value is made’.

Since mid-2015 the Pride of Bomaderry CCB has undertaken beautification of the site, including the installation of tables, seating and garden planters and various murals have been commissioned on adjoining walls,. This work has been made possible through the efforts of working bees, donations of materials and money from Council, various community- minded businesses and individuals. On occasion, the Pride of Bomaderry has also hosted open days with the community invited to participate.

Public Liability Insurance – Proposal for Council to Licence the Land

Following advice from the owners’ insurance broker, the President of the Pride of Bomaderry CCB sent Council an email on 23 April 2017 raising concerns that the owners may consider revoking the agreement to provide this private land for public use due to an increase in premium of the owners’ Public Liability Insurance.

The increase in insurance is attributed to the insurer being made aware that the use of the land had changed from private vacant land to a public park and the increase in premium amount is in the order of $2,400 per year.

The owners have confirmed that they are unwilling to continue to make the land available to the CCB for park use if they are to bear this extra cost. Both the owners and the CCB have inquired as to whether Council could lease or licence this land in order to extend Council’s Public Liability Insurance over the CCB activities.

Council staff have confirmed that as at 11^th May 2017, the owners would be willing to licence the land to Council and are agreeable to a first year licence fee of $2,400 per year. This amount would offset the increase in their insurance premium.

To determine if this option would address the owners’ and the CCB’s concerns regarding Public Liability, Council’s insurance team have investigated. Following confirmation of the insurer and underwriter, Council is advised that:

Council holding a Licence over the land will:

· still necessitate the owners holding their own insurance,

· protect a Parkcare group or similar from liability, and

· not reduce the owners’ premium.

CCB Guidelines

The efforts of the Pride of Bomaderry to improve the streetscape of the main street are admirable however such activities are not within the scope of a CCB and therefore outside the protection of Council’s Public Liability Insurance. The CCB Guidelines Clause 3.6 stipulate that:

‘a CCB may hire a Council facility for the purpose of holding a meeting and in such cases there is no need for the CCB to hold public liability insurance cover.

However, Council’s insurance cover does not cover or protect any other activities of a CCB. A CCB hiring a Council facility to conduct any activity other than a meeting will be required to hold Public Liability Insurance cover for $10 million.’

Should a liability event occur, Council would be covered if a Parkcare group is in place and its activities are recognised by Council.

Community Engagement

The role of the Pride of Bomaderry CCB to facilitate discussion, disseminate information, encourage participation in Council’s decision making process and communicate the collective views of the community is an important one.

Council seeks to engage with the community and supports and encourages the CCB to continue to act in this capacity. Refer to Attachment 3 for CCB Guidelines.

Financial Implications

The suggested licence amount would not have a significant impact on Council’s financial position whereas exposure to liability has the potential to have a critical impact on Council. Therefore arrangements will be required outside of the CCB.

Ordinary Meeting – Tuesday 23 May 2017

Page 68

CL17.141 Construction of New Waste Transfer Station - West Nowra

HPERM Ref: D17/154617

Group: Assets & Works Group

Section: Works & Services

Purpose / Summary

To inform Council of the tender process for Construction of New Waste Transfer Station – West Nowra.

This report is submitted directly to the Ordinary Council Meeting pursuant to Clause 3 of Council’s “Acceptance of Tenders – Reports to Council” Policy.

Recommendation

That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

Options

1. Council consider the separate confidential report as recommended.

Implications: A separate report will consider commercial information and the award of a contract.

2. Council amend the recommendation.

Implications: This is not recommended as it may delay the awarding of a contract. The works are part funded through the Waste Less Recycle More program and if the works are delayed there may be an impact on grant funding.

Details

Council undertook a thorough review of the transfer bin drop off area at the West Nowra Recycling and Waste facility, to improve safety for customers and staff and increase the opportunity to recover more reusable / recyclable materials. The safer and more efficient design will allow customers to drop waste directly onto a flat concrete floor, improving safety by reducing the height risks at the current facility. The benefits are a safer experience for customers and the potential to recover recyclable materials from the mixed waste stream.

Council called Tenders for the construction of a new waste transfer station at the West Nowra Recycling and Waste Facility on Thursday, 30 March 2017 which closed at 10:00am on Thursday, 4 May 2017. Six (6) Tender submissions were received at the time and date of closing.

Tenders Received

Tenders were received from the following:

Tenderer	Location
Batmac Constructions Pty Ltd	Nowra, NSW
Camporeale Holdings Pty Ltd	Mt Sheridan, QLD
Civil Project Management Group Pty Ltd	Nowra, NSW
Edwards Constructions (NSW) Pty Ltd	Wollongong, NSW
Hpac Pty Ltd	Marsfield, NSW
Project Coordination (Aust) Pty Ltd	Unanderra, NSW

Details relating the evaluation of the tenders are contained in the confidential report.

Community Engagement:

Applying and providing a high quality transfer facility and improved safety at Council’s Recycling and Waste Depot will lead to best practice resource recovery and landfilling operations, and environmental outcomes to benefit Council and the community.

The proposal was notified to the community as part of the Development Application assessment.

Financial Implications:

Part funding has been received through EPA Waste Less Recycle More non-contestable grants, with the balance of funds allocated from the Waste Reserve for the 2016 / 2017 and 2017 / 2018 financial years.

Ordinary Meeting – Tuesday 23 May 2017

Page 72

CL17.143 Progress Report - Nowra CBD Revitalisation Committee - Strategy Implementation

HPERM Ref: D17/67465

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Terms of Reference ⇩

Purpose / Summary

To report back to Council in response to the resolution of 22 November 2016 on the progress being made by the Nowra CBD Revitalisation Committee on the Nowra CBD Revitalisation Strategy.

Recommendation

That the Council:

1. Receive the progress report on the Nowra CBD Revitalisation Committee and the implementation of the Nowra CBD Revitalisation Strategy for information; and

2. Consider which of the options outlined in the report to continue with to ensure that the overall Nowra CBD Revitalisation Strategy is implemented.

Options`

1. Increase the community or user representation on the committee to ensure a more balanced membership and resulting approach.

Implications: At present the committee membership is weighted toward CBD landowners and/or business owners. Of the ten (10) positions on the committee, six (6) are landowner/business positions, two (2) are community positions and two (2) are Council staff positions.

As such this option would potentially see the membership of the committee change to a landowner/business and community member model. This may provide an opportunity to more clearly outline the community’s expectations and priorities moving forward in relation to the ongoing revitalisation of the Nowra CBD.

2. Restructure the Revitalisation Committee and split it into two separate groups, with one group focused on hard infrastructure (i.e. footpaths and streetscape improvements) and the other group focused on soft infrastructure (i.e. events, activation and promotion). Alternatively, the Council could maintain a single Committee, but allocate set budgets for both hard and soft infrastructure in the CBD.

Implications: This option would ensure that each of the elements of the Revitalisation Strategy are funded appropriately, and would allow Committee members to contribute to their areas of interest / expertise.

3. Receive the report for information and continue with the current Revitalisation Strategy Committee model, however reinforce the Council expectation that the Committee implement the totality of those elements of the Revitalisation Strategy that are within the Committee’s area of responsibility.

Implications: While the current Revitalisation Strategy Committee model has been effective in allocating funding towards a number of the revitalisation projects, the current expenditure is heavily weighted towards hard infrastructure. This option does not provide any certainty in relation to the funding of the activation and promotion aspects of the Strategy.

Background

Council adopted the Nowra CBD Revitalisation Strategy in 2014 to set a range of achievable, short term actions that could kick start the revitalisation of the Nowra CBD.

In 2015, Council formed the Nowra CBD Revitalisation Strategy Committee to lead the implementation of the Revitalisation Strategy for the Nowra CBD and oversee the associated budget, which is currently set at $500,000 per financial year.

Council resolved on 22 November 2016 that:

Council staff report on the progress being made by the Nowra CBD Committee on the Nowra CBD Revitalisation Strategy.

This report provides an overview of the Revitalisation Strategy and responds to the request from Council to provide an update on the progress being made by the Nowra CBD Revitalisation Committee toward the implementation of the Strategy.

Nowra CBD Masterplan and Revitalisation Strategy

The Urban Design Master Plan for the Nowra CBD was finalised in 2011. This plan outlines an overall strategic direction to revitalise the Nowra CBD over the next 25 years and contains the following adopted vision:

“Nowra town centre will be revitalised through greater transport access, green development and incentives which support mixed uses and higher densities.

The town centre will support and attract a range of residents, workers and visitors through the provision of civic facilities, amenities and public spaces which build upon the natural setting and physical strengths of the town.”

To achieve the full vision and level of revitalisation, the Master Plan identified various approaches and a wide range of actions to be undertaken by Council, businesses and the community together to promote a lively, vibrant and viable CBD which provides a quality urban environment where people can live, feel safe, where businesses can prosper and opportunities exist for new stimulating activities.

The Master Plan document and supporting information can be viewed on Council’s website at:

http://shoalhaven.nsw.gov.au/LepRegisterDocuments/Msc/251/UrbanDesign_A_Draft_Nowra_CBD_Master_Plan_Strategic_Direction.pdf.

The Nowra CBD Masterplan has a 25 year horizon and is a very comprehensive multi-layered plan for the future. The Revitalisation Strategy however provides the framework to implement key parts (not all) of the Masterplan, while recognising that future amendments and modifications will be required as the town centre evolves and changes. In addition, as some circumstances or physical features of the centre grow, some aspects of the Masterplan may need to be reconsidered.

The Nowra CBD Revitalisation Strategy consists of ten (10) elements that aim to contribute to the shorter term revitalisation of the CBD as shown in Figure 1 below.

Figure 1 – Nowra CBD Revitalisation Strategy

The Revitalisation Strategy recognises that there is not one single solution to revitalisation of the Nowra CBD. The various elements show that a range of approaches are needed and that a number of actions with varying focus need to be implemented simultaneously. Each element is equally important and each needs to be undertaken to improve the overall function and viability of the Nowra CBD. While elements can be developed independently and are at varying stages of development, they work together, creating a strong synergy to create greater impact and outcome.

A key principle of the Revitalisation Strategy is recognising that revitalising the Nowra CBD requires a collaborative effort between Council and the broader community. The strategy identifies projects that can be led by Council, and other projects that need to be driven by the community to contribute to the revitalisation of the CBD.

Revitalisation Strategy Implementation

Key elements within the Revitalisation Strategy are either completed, nearing completion, or are substantially commenced. For example, Council has developed a clear planning framework for the Nowra CBD, including new building heights and urban design development controls, as well as a new parking strategy for the CBD. Council has also introduced a number of development and maintenance incentives to encourage new and existing development to contribute positively to the appearance of the CBD.

There has been a number of significant civic upgrades since the adoption of the Revitalisation Strategy including the upgraded Jellybean Park and the Berry and Kinghorne Street streetscape upgrade works.

Activation and events have been used to encourage people into the CBD, and public art has increasingly been used, not just for its aesthetic value, but to tell the story of Nowra and to create or reinforce the human connection to Nowra’s history. The CBD now has three significant murals by internationally recognised artists, with more to come.

Progress of the Revitalisation Committee

In February 2015, Council formed the Nowra CBD Revitalisation Strategy Committee made up of three (3) property and three (3) business owners in the Nowra CBD, a community representative as well as the General Manager, the Director of Planning & Development Services and the Director of Assets & Works. The Committee were given a budget of $500,000 a year, for three (3) consecutive financial years to direct the development and implementation of the Revitalisation Strategy for the Nowra CBD. A copy of the Committee’s Terms of Reference are provided as Attachment 1 to this report.

It should be noted that all of the members of the Committee (except for Council staff) are volunteers and contribute their own time and efforts to be on the Committee. It is recommended that Council take this opportunity to formally thank the current and past Committee members for their contribution toward the ongoing revitalisation of the Nowra CBD.

Table 1 below provides an overview of the projects (and costs) undertaken or funded by the Revitalisation Committee in the first two (2) financial years. The table also shows which of the ten (10) elements of the Revitalisation Strategy each of the projects sits under. It should be noted that many of the projects cross over a number of elements within the Revitalisation Strategy.

Table 1 – Revitalisation Project Expenditure

Project	Cost	Completed or Committed	Revitalisation Element
Nowra southern ‘entrance sign’ and way finding signage	$50,000	Completed	Traffic and Parking
Kinghorne Street streetscape – design and construction	$533,000	Completed	Civic Improvements
Promotions (including radio advertisement)	$56,824	$18,324 Completed $38,500 Committed	Spreading the Word
Activation Events	$20,000	$10,000 Completed $10,000 Committed	Activating the Centre
Junction Street Fairly Lights	$20,000	Completed	Activating the Centre / A Safe Place for Everyone
Façade Improvement Program	$23,346	$8,346 Completed $15,000 Committed	Keeping the CBD Clean & Maintained / Assisting New Development
Pedestrian Counters	$29,400	Committed and partially completed	Assisting New Development
Town Centre Markets – Development Application Costs	$467	Completed	Activating the Centre
Nowra CBD Management Resource (fixed term)	$12,075	Completed	All elements
Nowra CBD Mural	$10,000	Committed	Public Art in the CBD
Nowra CBD Banners	$2,415	Completed	Spreading the Word
Planter Boxes	$22,991	Committed	Civic Improvements
Egans Lane Façade Improvement Project	$18,000	Committed	Keeping the CBD Clean and Maintained
Worrigee Street streetscape upgrades	$200,000	Committed	Civic Improvements

As outlined in Table 2 below, approximately 76% of all the expenditure has gone towards civic improvements, primarily for the upgrade of the Kinghorne and Worrigee Street streetscapes. While it is acknowledged that hard infrastructure (such as streetscape upgrades) is significantly more expensive than soft infrastructure (such as public art and events/activation etc.), it is important that all elements of the revitalisation strategy are appropriately funded.

The total expenditure against each of the Revitalisation Elements is shown in Table 2 and Figure 2 below - the highlights the potentially disproportionate expenditure on hard infrastructure (over 80%).

Given this it is clear that Council needs to consider what changes are required to ensure greater emphasis is also given to other elements such as activation and public art.

Table 2 – Revitalisation Elements Share of Expenditure

Revitalisation Element	Total expenditure	% of total expenditure
Civic Improvements	$755,991	76%
Spreading the word	$59,239	6%
Traffic and Parking	$50,000	5%
Assisting new development	$41,073	4%
Activating the centre	$30,467	3%
Keeping the CBD Clean and maintained (*)	$29,673	3%
All elements (resource)	$12,075	1%
A safe place for everyone	$10,000	1%
Public art in the CBD	$10,000	1%
Setting a Clear Direction	Undertaken by Council
Key Sites	Undertaken by Council
Total	$998,518	100.0%

*Note – there is also a separate budget allocation for street cleaning and CBD maintenance.

Figure 2 – Expenditure

Additional Maintenance/Construction Activities

Outside the Nowra CBD Revitalisation Strategy Committee budget, Council has undertaken a range of other activities and upgrades in the CBD area. The following is a summary of these;

CBD Maintenance

Ongoing monthly inspections have been undertaken in the CBD. Street furniture works has included bike rack replacement (library), painting of bollards and furniture, repairs and ongoing maintenance to fairy lights (both Jelly Bean Park and Junction Street), misting system, lighting generally around CBD, planter boxes repaired down junction street.

Footpath repairs including concrete panel replacements and paver repairs have been undertaken using local road maintenance funds and has been supplemented by Capital works in order to complete repairs in the CBD. There has been some 100 merits completed year to date pertaining to Footpath repairs and the like.

There is a continuing program of painting furniture that is largely completed.

Graffiti Management

During the recent Graffiti Blitz (March/April 2017) in the CBD, twenty eight (28) tags were located, with twenty one (21) removed and seven (7) to be removed shortly (staff have had to wait for the ‘Permit to Enters’ as they are one private property)

There are a further six (6) that Council is still waiting on returned and signed ‘Permit to Enters’.

During the 2016/2017 year three (3) approached were made to Endeavour Energy to request they remove graffiti off their property and these were completed by them. One (1) request was sent to Telstra and this also was subsequently removed by them.

Six (6) Requests were sent to other Utility Service Providers after a site visit prior to the Duck Dash and Shoalhaven River Festival. These were all subsequently removed by the various Utility Service Providers.

CBD cleaning

Three (3) cleaners start work at 5am and work till around 7.00-7.30am. Their daily duties are:

• Clean bins, clean seats and blow footpaths (Mondays they use a gurney)

• Take turns cleaning the two toilet blocks at Jelly Bean Park and Stewart Place.

• Pick up litter

• Spot clean bird poo

One (1) cleaner then starts work at 7.30am and works until 3.30pm. His daily duties are:

• Clean the two toilet blocks at lunch time and in the afternoon

• Pick up litter

• Clean ash trays

• Wipe bins

• Remove posters, sticky tape etc.

• Weeding in islands if needed

• Blow spent flowers from under trees at various times of year

• Pick up dog poo (which is quite abundant)

Road sweeper also starts in the CBD at 5.30am until about 7.30am or 8am. Chewing gum is removed weekly and rubbish bins are emptied daily

Capital Works

The following capital works (or preparation for them) have either been completed in recent years or are underway completed intersection upgrades in Junction Street are over $300,000 and footpath works in North Street, additional car parking in Graham Street and Moss Street. Stewart Place bus interchange is underway, Worrigee Street multi-storey carpark development application continues. McGrath Avenue parking is now being planned.

Committee Member Feedback

In preparing this report, the Committee members were invited to provide feedback on the effectiveness of the Committee in implementing the Revitalisation Strategy. Two (2) members provided feedback and the key issues raised in their responses are as follows:

Both responses highlighted the need to focus on all aspects of revitalisation including the cultural and social aspects of revitalisation. Both responses raised concerns about the focus of the Committee being primarily on infrastructure, with not enough emphasis being given to activation, promotion, people, place and culture.

The responses recommended that the Committee reassess its priorities and provide a greater focus on the social and cultural revitalisation of the CBD and activating the centre through events and promotions. Copies of the submission are provided in the Councillors Information Folder.

Way forward

The Nowra CBD Revitalisation Strategy sets out a range of achievable, short term actions that could kick start the revitalisation of the Nowra CBD. The Revitalisation Strategy was a deliberate move away from the ‘Big Plan’ approach to the CBD and it was always acknowledged that future amendments and modifications would be required to it as the town centre evolves and changes.

As outlined earlier in the report, each element of the Revisitation Strategy is equally important and each needs to be facilitated/undertaken to improve the overall function and viability of the Nowra CBD.

While the current Committee structure has achieved much, in overseeing the upgrading and improvement of hard infrastructure within the CBD, it must also be accepted that a number of other crucial elements (e.g. activation, public art etc.) have received low levels of funding.

To maximise the implementation of the adopted strategy and thereby realise the full potential of the CBD a more balanced and proportionate approach is required.

Ordinary Meeting – Tuesday 23 May 2017

Page 94

Local Government Amendment (governance & planning) act 2016

Chapter 3, Section 8A Guiding principles for councils

(1) Exercise of functions generally

The following general principles apply to the exercise of functions by councils:

(a) Councils should provide strong and effective representation, leadership, planning and decision-making.

(b) Councils should carry out functions in a way that provides the best possible value for residents and ratepayers.

(c) Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community.

(d) Councils should apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements.

(e) Councils should work co-operatively with other councils and the State government to achieve desired outcomes for the local community.

(f) Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way.

(g) Councils should work with others to secure appropriate services for local community needs.

(h) Councils should act fairly, ethically and without bias in the interests of the local community.

(i) Councils should be responsible employers and provide a consultative and supportive working environment for staff.

(2) Decision-making

The following principles apply to decision-making by councils (subject to any other applicable law):

(a) Councils should recognise diverse local community needs and interests.

(b) Councils should consider social justice principles.

(d) Councils should consider the principles of ecologically sustainable development.

(e) Council decision-making should be transparent and decision-makers are to be accountable for decisions and omissions.

(3) Community participation

Councils should actively engage with their local communities, through the use of the integrated planning and reporting framework and other measures.

Chapter 3, Section 8B Principles of sound financial management

The following principles of sound financial management apply to councils:

(a) Council spending should be responsible and sustainable, aligning general revenue and expenses.

(b) Councils should invest in responsible and sustainable infrastructure for the benefit of the local community.

(c) Councils should have effective financial and asset management, including sound policies and processes for the following:

(i) performance management and reporting,

(ii) asset maintenance and enhancement,

(iii) funding decisions,

(iv) risk management practices.

(d) Councils should have regard to achieving intergenerational equity, including ensuring the following:

(i) policy decisions are made after considering their financial effects on future generations,

(ii) the current generation funds the cost of its services

Chapter 3, 8C Integrated planning and reporting principles that apply to councils

The following principles for strategic planning apply to the development of the integrated planning and reporting framework by councils:

(a) Councils should identify and prioritise key local community needs and aspirations and consider regional priorities.

(b) Councils should identify strategic goals to meet those needs and aspirations.

(d) Councils should ensure that the strategic goals and activities to work towards them may be achieved within council resources.

(e) Councils should regularly review and evaluate progress towards achieving strategic goals.

(f) Councils should maintain an integrated approach to planning, delivering, monitoring and reporting on strategic goals.

(g) Councils should collaborate with others to maximise achievement of strategic goals.

(h) Councils should manage risks to the local community or area or to the council effectively and proactively.

(i) Councils should make appropriate evidence-based adaptations to meet changing needs and circumstances.

Tenderer	Location
Boab Services Pty Ltd & Boab Industries Pty Ltd (Boab)	Albion Park Rail, NSW
East West Ferry Service (East West)	North Nowra. NSW
Tono Ferry Services Pty Ltd (Tono)	Castle Hill, NSW

Tenderer	Location
Civil Logic Pty Ltd	Luddenham
Stefanutti Construction	Unanderra