Agenda of Ordinary Meeting - 26 September 2017

Ordinary Meeting

Meeting Date: Tuesday, 26 September, 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 - 22 August 2017

6. Declarations of Interest

7. Presentation of Petitions

8. Mayoral Minute

9. Deputations and Presentations

10. Notices of Motion / Questions on Notice

CL17.202..... Notice of Motion - Recycling of child safety seats......................................... 1

CL17.204..... Notice of Motion - Privacy Screens................................................................ 3

CL17.205..... Notice of Motion - Development in Flood Prone Areas................................. 6

CL17.206..... Notice of Motion - Sanctuary Point Men's Shed - Clifton Street Sanctuary Point 8

CL17.226..... Notice of Motion - Congratulations - Variety Bash 2017 Shoalhaven Teams 9

CL17.227..... Notice of Motion - Development of a Motor Sports Complex at Yerriyong.. 10

CL17.228..... Notice of Motion - National Indigenous Football Games............................. 13

CL17.229..... Notice of Motion - Legal Liability - Climate Change..................................... 16

11. Committee Reports

CL17.230..... Report of the Strategy & Assets Committee - 19 September 2017............. 18

MMS17.8.... Mayoral Minute - Integrated Transport Preliminary Investigation

SA17.231.... Woollamia Industrial Estate - expansion

SA17.233.... Shoalhaven Indoor Sports Centre - Fitout

SA17.240.... Traffic Calming - Larmer Avenue Sanctuary Point

SA17.241.... Australian Government Black Spot Program 2017/18 - Approved Projects

SA17.242.... NSW Government Country Passenger Transport Infrastructure Grants Scheme (CPTIGS) 2017/18 - 2018/19 - Approved Projects

SA17.243.... NSW Government Aboriginal Communities Program 2017/18 - Approved Projects

SA17.244.... State Government Active Transport Program 2017/18 - Approved Projects

SA17.245.... NSW Government Safer Roads Program - Local Government Roads 2017/18 and 2018/19 - Approved Projects

SA17.246.... Callala Bay Sailing Club - Erosion Control / Access Improvement / Revegetation Improvements and Funding Sources

SA17.247.... Proposed Lease - 39 Shoalhaven Street, Nowra - Shoalhaven Community Preschool Incorporated

SA17.248.... Proposed Lease - 101 Jervis Street, Nowra - Lyrebird Preschool Kindergarten Incorporated

SA17.249.... Classification of Land - 125 Moss Vale Road Cambewarra

SA17.255.... Acquisition of easement over Crown land at Cunjurong Point

SA17.256.... Acquisition of Crown land and Easement for Access at Vincentia

CL17.231..... Report of the Shoalhaven Access Advisory Committee - 21 August 2017. 24

SAA17.33.... Allocation of an appropriate budget to fund Shoalhaven City Council's Disability Inclusion Action Plan (DIAP)

CL17.232..... Report of the Council Bushcare Representatives Group - 4 September 2017.... 25

BR17.1........ Resignation - Annie Boutland - Council Bushcare Representative Group

BR17.2........ Three Bushcare Group Action Plans - Cudmirrah-Berrara , William Mulligan Reserve, Sussex Inlet & Dyball Reserve, Swan Haven - New and Review

BR17.3........ Additional Item - Expiring Bushcare Grant Funding

BR17.4........ Additional Item - Bushcare Awards

BR17.5........ Additional Item - Inclusion of Biodiversity Overlay in the LEP

CL17.233..... Report of the Shoalhaven Natural Resources & Floodplain Management Committee - 7 September 2017........................................................................................ 27

SN17.18...... University of Wollongong - Coastal hazard assessment based on sediment budgeting, Southern NSW - ARC Research Partnerhsip Grant Application

CL17.234..... Report of the Shoalhaven Arts Board - 7 September 2017......................... 28

AB17.18...... Draft Arts Board Strategic Plan 2017 - 2021

AB17.19...... Council Policy Revision - South Coast Cooperative Libraries Collection Development Policy

AB17.21...... Shoalhaven Arts Board Grants 2017/18

CL17.235..... Report of the Shoalhaven Traffic Committee - 12 September 2017........... 39

TC17.67...... School Bus Zone and Drop off / Pick up Improvements - Terara Public School, Millbank Road, Terara (PN 3368)

TC17.68...... Proposed Vehicle Control Measures - Captain Street, Blenheim Beach Reserve, Vincentia (PN 3411)

TC17.69...... Regulatory Signage and Line Marking - Ocean Street, Mollymook (PN 3429)

TC17.70...... Disabled Parking Space - SEC Car Park, Graham Street, Nowra (PN 3431)

TC17.71...... Amendments to Loading Zone - Egans Lane, Nowra (PN 3432)

TC17.72...... No Stopping Zone - South Street, Ulladulla (PN 3433)

12. Reports

CL17.236..... Election of Deputy Mayor and Assistant Deputy Mayor.............................. 47

CL17.237..... Ordinary Meeting - Order of Business.......................................................... 49

CL17.238..... Determination of Core Committees.............................................................. 51

CL17.239..... Determination of Date and Time of "Core" Council Committee Meetings, Ordinary Meetings and Councillor Briefings ............................................................... 57

CL17.240..... Community Consultation & Committee System........................................... 60

CL17.241..... Risk and Audit Committee............................................................................ 62

CL17.242..... Regional Development Committee.............................................................. 63

CL17.243..... Senior Staff Contractual Matters Committee............................................... 64

CL17.244..... Aboriginal Advisory Committee.................................................................... 65

CL17.245..... Business & Employment Development Committee..................................... 67

CL17.246..... Children's Services Reference Group.......................................................... 68

CL17.247..... Council Bushcare Representatives Group................................................... 69

CL17.248..... Homelessness Taskforce Shoalhaven......................................................... 70

CL17.249..... Nowra CBD Revitalisation Strategy Committee........................................... 71

CL17.250..... Rural Fire Service Strategic Planning Committee....................................... 72

CL17.251..... Shoalhaven Access Advisory Committee.................................................... 73

CL17.252..... Shoalhaven Arts Board................................................................................ 74

CL17.253..... Shoalhaven City Mayor's Relief Fund.......................................................... 75

CL17.254..... Shoalhaven Heads Estuary Taskforce......................................................... 76

CL17.255..... Shoalhaven Natural Resources & Floodplain Management Committee..... 78

CL17.256..... Shoalhaven Sports Board............................................................................ 79

CL17.257..... Shoalhaven Tourism Advisory Group.......................................................... 80

CL17.258..... Sustainable Futures Committee................................................................... 81

CL17.259..... Youth Advisory Committee........................................................................... 82

CL17.260..... Council Representatives on Other Committees or Organisations Outside of Council...................................................................................................................... 83

CL17.213..... Request for Donation - Reduction of Annual Rent - Milton Ulladulla Men's Shed...................................................................................................................... 89

CL17.214..... Shoalhaven Community Transport Request - Utilise 2017-2018 Donation Amount to Purchase an Additional Vehicle................................................................... 91

CL17.261..... Replacement of Indoor Pool Filtration – Ulladulla Leisure Centre............... 93

CL17.262..... Shoalhaven Indoor Sporting Centre - Management Options..................... 102

CL17.263..... Section 355 Management Committees...................................................... 109

CL17.264..... Social Housing Community Improvement Fund - Parramatta Park - Funding Success.................................................................................................................... 114

CL17.265..... 2017 Local Government NSW Annual Conference - Motions................... 116

CL17.266..... Ratepayer Advance - Kerb & Gutter - 14 - 18 Plantation Point Pde Vincentia 120

CL17.267..... Proposed Acquisition of Land for Far North Collector Road - 333 Illaroo Road North Nowra.......................................................................................................... 122

CL17.268..... Proposed Leasing 125 Moss Vale Road Cambewarra.............................. 124

CL17.269..... Rezoning Request - Parma Yerriyong Community Association Inc. ........ 127

13. Confidential Reports

Nil

Ordinary Meeting – Tuesday 26 September 2017

Page 3

CL17.204 Notice of Motion - Privacy Screens

HPERM Ref: D17/265863

Submitted by: Clr Bob Proudfoot

The Ordinary Meeting on 22 August 2017 resolved that the matter be deferred to the meeting to be held on 26 September 2017.

Purpose / Summary

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

Recommendation

That Council staff prepare a report on “ privacy screens “ regarding how their necessity is determined and the type of screen that is mandated. Their appears to be an apparent inconsistency in the application of the current policy, which may well be historical, and should form a part of the report

Note by the General Manager

It should be noted that Information on privacy screens is consistent across the residential Chapters in the Shoalhaven DCP 2014.

The impact on privacy is a matter for consideration when undertaking the S79C assessment of the development proposal. This assessment requires consideration of the privacy provisions of Shoalhaven DCP 2014 Chapter G12 and the NSW Planning Principle for Privacy. Where the application for the development proposal does not provide a sufficient level of detail to demonstrate how the development will meet the acceptable solutions for a minimum level of privacy as specified in Chapter G12 of Shoalhaven DCP 2014 rather than hold the approval for further details the consent is provided subject to a condition that requires the provision of privacy screens that meet the specifications of Chapter G12, namely:

Direct views may be obscured by one of the following measures:

§ 1.8 metre high solid fence or wall between ground floor level windows or between a dwelling and open space.

§ Screening that has a maximum area of 25% openings, is permanently fixed and is made of durable materials; and / or

§ Screening devices incorporating opaque materials and/or vertical or horizontal fixed louvers or the like that provide an effective screen; and/or

§ Landscape screening either by existing dense vegetation or new planting that can achieve sufficient screening effectiveness within three (3) years.

See Figure 7 for examples of minimising privacy issues.

It may be construed that an apparent inconsistency exists due to the adoption of landscaping privacy screens in some circumstances and constructed privacy screens in other circumstances along with the size, height and style that needs to be designed for the particular circumstances. As the zone of visual influence is the area from which a development or other structure is theoretically visible the impact does not immediately cease at 9m or 12m. There is a distinct relationship between the type/intensity of occupancy and the distance from the privacy sensitive area with a gradual diminution of impact based on the distance.

The privacy provision of Councils DCP are consistent with the NSW Land and Environment Court Planning Principle and the Australian Model code for Residential Development (AMCORD). The NSW Planning Principle specifies that where proposed landscaping is the main safeguard against overlooking, it should be given minor weight.

AMCORD commentary

“Attitudes to privacy are, to some extent, affected by cultural factors and personal preferences. However, there are some shared perceptions of a range of privacy boundaries that should be protected. It is recognised that complete protection of privacy in closely developed areas is not always possible. Also, some people are happy to trade-off a high level of privacy for increased opportunities for the social contact associated with higher-density living. Standards of privacy therefore need to balance the need for more intensive housing with the attainment of a reasonable level of privacy. This approach places an onus on adjacent residents to take supplementary action to secure their required level of privacy rather than requiring a new development to provide total protection of a neighbour’s privacy. A greater emphasis is placed on maintaining privacy between and in living areas and private open space than for bedrooms. The hours of occupancy of bedrooms and the ability to screen with curtains offset priority for privacy.

Close, intimate views can often be effectively screened although, for above-ground viewpoints, fixed screening can be difficult. Residents are also able to exercise some control over the extent of overlooking when indoors, through their choice of such window screening as curtains or blinds. Where privacy is achieved through remoteness rather than screening, there is no exact distance at which it can be assured. A judgement must be made about issues such as the intimacy and frequency of the activities being overlooked, the likely frequency and ease of overlooking, other distracting views, the obliqueness of the line of view, and cultural expectations. Privacy is particularly important for infill developments, where the protection of privacy of existing residents is critical. Within multi-unit developments privacy levels may be reduced to some extent, given that prospective purchasers will be able to assess whether the development meets their privacy expectations. Careful attention must be given to the combination of design techniques used to protect overlooking from upper-level windows, due to the need to create habitable rooms with reasonable levels of amenity. Consideration also needs to be given to the longevity, maintenance requirements and aesthetic treatment of screens and windows.”

Ordinary Meeting – Tuesday 26 September 2017

Page 10

CL17.227 Notice of Motion - Development of a Motor Sports Complex at Yerriyong

HPERM Ref: D17/309347

Submitted by: Clr Greg Watson

Clr Joanna Gash

Purpose / Summary

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

Recommendation

That

1. In recognition of the strategic importance and economic value of developing a motor sports complex in our area, that Council, after reviewing the previous development application (DA) by Motorcycling NSW, prepares and submits a DA as proponent for this project.

2. Council establish a project working group to oversee the process, comprising relevant Council staff and representatives of the South Coast Motor Sports Club Inc.

3. Council continue to explore and where applicable apply to both Federal and State Government programs to facilitate funding for the project.

4. That any costs associated with the review and DA submission be funded through the Economic Development Budget.

Background

Council would be aware that a development application (DA) for a motorsports complex at Yerriyong was submitted by Motorcycling NSW in March 2014. This DA included infrastructure works for an on-road motoring racing complex and further development of the existing “Nowra Motoplex” off-road motorcycle facility. There was extensive support for this development among motor sports enthusiasts, the general local community and beyond.

The DA was referred to the Joint Regional Planning Panel for determination in June 2016, with an outcome for deferral of the matter with only two matters to be resolved. The matter appeared to be on course for approval pending resolution of these matters.

Motorcycling NSW had prepared an extensive and diverse range of reports in support of their DA. The Federal Government, through its National Stronger Regions Fund, had approved a matched $9.5 million grant to assist with this project subject to it proceeding to construction. Due to particular ongoing concerns about vulnerable flora Motorcycling NSW withdrew its DA in May 2017.

Many in our community have expressed grave disappointment that this project has once again been curtailed. Our community suffers from high unemployment, particularly with youth unemployment and a very low socio-economic status. This project’s economic credentials are very strong and would add much needed Gross Regional Product ($56 million per annum in the long term) as well as the following identified economic advantages:

· construction (almost 90 direct and indirect jobs);

· ongoing operations (20 direct and 14 indirect jobs);

· associated tourism and events expenditure (59 direct and 24 indirect jobs); and

· the motor sports industry park (conservatively providing 110 direct jobs by year 10 and 240 by year 20, plus a further 128 indirect jobs).

This project will bring a different type of visitor to our community, one that is involved in a sport that requires significant ongoing investment (i.e. dollars) to participate. It attracts sponsorship and patrons who come from far and wide, exposing the region to a wider range of people and putting the area on the map for many that may not have previously visited. Increased tourism is the result, with greater average returns from this sector with visitors spending on accommodation, nights out, entertainment and so on. The pull is so great that accommodation providers have expressed high interest in this project being a catalyst for further investment.

Additionally this development would significantly assist with other community benefits - such as basic driver training, particularly for young people, as well as advanced driver training. It will add a range of activities for our youth, reducing illegal trail bike riding and will providing an outlet for many young people to be involved in various aspects of motor sports. Further through partnerships with TAFE (an MOU was in place with Motorcycling NSW) and indigenous service providers, it offers scope for both youth and indigenous training and employment.

Environmental Concerns

Throughout the course of reviewing Motorcycling NSW’s DA great emphasis was placed on environmental concerns with the Yerriyong site. Many studies were undertaken addressing and in large part accommodating these concerns. However issues relating to orchids in particular remained. It is anticipated that council will be able to bring a resolution to these issues as it progresses its own DA.

South Coast Motor Sports Club Inc.

This not for profit group has as its aim the development of a motor sports complex on the South Coast of NSW. It has been working with Motorcycling NSW since it withdrew its DA. It has been ceded access rights to all documents and other materials that are the property of Motorcycling NSW for the purpose of fulfilling its aim. The members of this entity have agreed to work with Council to prepare the DA utilising these documents and other materials as required.

Other regions having an interest in developing Motor Sports Complexes.

Bathurst Regional Council recently undertook a tender process for the design of a second motor racing circuit in the Mount Panorama area. The council will assist in financing this project with $10 million. The State Government has committed a total of $15 million, with a further $25+ million being sought from State and Federal Governments to provide full funding for the $50+ million project.

The Peregrine Group in South Australia has announced it will develop a $100 million Motor Sports Complex, including accommodation, at a site 100 kilometres from Adelaide. Again the Federal Government has provided substantial support.

Many others are also seeing the value of this sector. With a proposed facility that has been so well progressed, we believe that it is in the interests of Council and the broader community to continue to explore and resolve the issues at hand to see this valuable project progress to fruition.

Note by the General Manager

Council needs to appreciate the “risks” and “costs” that are likely to arise if it wishes to proceed with this proposal.

Although the subject land is zoned RU2 General Rural and SP2 Infrastructure (airfield purposes). It is also identified on the “terrestrial biodiversity” map as “biodiversity-significant vegetation” and Biodiversity-habitat corridor” as part of the LEP, recognising it as a significant vegetation and habitat corridor. This mapping was informed by the mapping associated with the former South Coast Regional Strategy

A new DA would trigger a Biodiversity Development Assessment Report (BDAR). This would push it down a path of needing to find offsets. The BDAR would document the area of impact and calculate the required offsets. The detailed flora and fauna studies are of a similar magnitude to that required for an SIS.

The potential costs involved will be significant.

For example work recently completed for Waste Services related to the AWT development required clearing of 9.87 ha of similar vegetation with an estimated 27 hollow-bearing trees per hectare.

For the 9.87ha Waste Services DA they will need to retire 719 Ecosystem Credits, 217 Squirrel Glider species credits and 197 Eastern Pygmy-possum credits.

The Yerriyong site will have additional credit species (e.g. Cryptostylis H) and will in all liklihood require clearing of between 5-8 times as much vegetation.

Councils credit obligation can be satisfied either by finding its own credits or buying them. Given that council do not have large areas of land with this vegetation community on it, it’s likely council will need to buy some if not all credits.

Looking at the price of credits that have been sold in the local area, vegetation similar to what is on site is costing approximately $2580 per credit. Credits for vegetation alone could cost in the vicinity of $10M or more. The species specific credits will be additional to this figure.

Costs involved in the DA preparation, studies etc will be significant in the 1^st instance and at the very least council should set a budget limitation if it adopts the notice of motion, which presently has no budget cap.

The purchase of the land itself from the Crown will be in the vicinity of $600,000.

Ordinary Meeting – Tuesday 26 September 2017

Page 18

CL17.230 Report of the Strategy & Assets Committee - 19 September 2017

HPERM Ref: D17/312896

MMS17.8 Mayoral Minute - Integrated Transport Preliminary Investigation

HPERM Ref: D17/310816

That Council approve a budget of up to $8000 to undertake a preliminary desktop analysis of transport availability in the Shoalhaven with the aim to identify the gaps in the transport offering and matching Federal and State funding opportunities.

SA17.231 Woollamia Industrial Estate - expansion

HPERM Ref: D17/264130

That Council:

1. Excise by subdivision the area of IN1 zoned land within Lot 17 DP 857006 to be incorporated into the industrial area.

2. Prepare and submit a subdivision application over this land to compliment the subdivision of Lot 18 DP 1096605 (stage 5) in the adjoining Woollamia Industrial Estate owned by Council.

3. Authorise the General Manager to sign the necessary documents to effect the subdivisions and to execute under the Seal of Council the plan of subdivision.

SA17.233 Shoalhaven Indoor Sports Centre - Fitout

HPERM Ref: D17/284486

That Council:

1. Commit to funding the Shoalhaven Indoor Sports Centre Furniture Fixture Equipment (FFE) Fit-Out Requirements in the amount of $2,919,895 to be funded in the 2018/19 budget

2. Staff continue to seek grant funding to assist with covering the costs of Fit-Out where possible.

SA17.240 Traffic Calming - Larmer Avenue Sanctuary Point

HPERM Ref: D17/6573

That Council:

1. Receive the report on the possible installation of traffic calming measures on Larmer Avenue, Sanctuary Point, southern side of Cockrow Creek bridge near The Park Drive intersections, for information; and

2. The General Manager (Director Assets & Works) continue to monitor the intersection of Larmer Avenue and Park Drive for future grant funding opportunities for the construction of a local road roundabout to provide effective traffic management and speed control on the eastern approach to Sanctuary Point.

SA17.241 Australian Government Black Spot Program 2017/18 - Approved Projects

HPERM Ref: D17/243201

That Council

1. Accepts the grant funding offers under the Australian Government Blackspot Program as follows:

a. $480,000 for the proposed safety improvements on Jervis Bay Road (450m length from 0.2 – 0.65km south of Woollamia Road, Falls Creek), and authorise the expenditure on job number 86666

b. $190,000 for a single lane mountable roundabout at the intersection of Paradise Beach Road & Kingsford Smith Crescent, Sanctuary Point, and authorise the expenditure on job number 86669

c. $295,000 for the proposed safety improvements on The Wool Road (640m length from 0.14 – 0.78km west of Naval College Road, Worrowing Heights), and aurthorise the expenditure on job number 85829

d. $210,000 for the proposed safety improvements on Wheelbarrow Road (1.2km length from 2.0 – 3.2km east of Woodburn Road, Woodburn), and authorise the expenditure on job number 86671

2. The General Manager (Director Assets & Works) writes to the NSW Roads & Maritime Services (RMS) and the Federal Member for Gilmore, thanking them for their ongoing support of the Shoalhaven Community through the Australian Government Black Spot Program and for the support of the RMS staff in reviewing and supporting Council’s nominations for these important local road safety improvements.

SA17.242 NSW Government Country Passenger Transport Infrastructure Grants Scheme (CPTIGS) 2017/18 - 2018/19 - Approved Projects

HPERM Ref: D17/243020

That Council:

1. Accepts the grant funding offers under the NSW Government Country Passenger Transport Infrastructure Grants Scheme (CPTIGS) program, “in principle” ($180,000 for 18 new shelters), noting the advice from Transport for NSW that the locations Council has nominated have only been partially successful (subject to meeting the program conditions) and authorises the expenditure on job number 85406;

2. Receive a further report once the list of sites has been reviewed and more details, including estimate of costs are available; and

3. The General Manager (Director Assets & Works) writes to Transport for NSW, and the Local Members of Parliament (for Kiama and South Coast), thanking them for their support of the Shoalhaven Community through the NSW CPTIGS program, however advising that it is Council’s intention to review the approved list, in consultation with the community, and seek approval from Transport for NSW of a revised list of projects following consultation and once full details and costs are known.

SA17.243 NSW Government Aboriginal Communities Program 2017/18 - Approved Projects

HPERM Ref: D17/279844

That Council:

1. On behalf of the Jerrinja Local Aboriginal Land Council, accept the grant funding offers under the NSW Government Aboriginal Communities Program as follows:

a. $95,000 for footpath and associated kerb ramp works, part of First Street (the western section, west of Fourth Street, as well as the full length of Third and Fourth Streets) at Jerrinja (Orient Point) community, and authorise the expenditure of job number 49038

b. $155,000 for pavement works; part of First Street (the eastern section, east of Fourth Street) and all of Second Street, at Jerrinja (Orient Point) community, and authorise the expenditure on job number 49038

c. $195,000 for pavement works, part of First Street (the western section, west of Fourth Street), as well as all of Third and Fourth Streets) at Jerrinja (Orient Point) community, and authorise the expenditure on job number 49038

2. Authorise the General Manager (Director Assets & Works) to coordinate resources to enable the effective and timely delivery of the works in consultation with Jerrinja Local Aboriginal Land Council.

3. The General Manager (Director Assets & Works) writes to the NSW Roads & Maritime Services, and the Local Members of Parliament (for Kiama and South Coast), thanking them for their support of the Shoalhaven Aboriginal Community through the new NSW Aboriginal Communities program and for the support of RMS staff in reviewing and supporting the nominations for these important local road safety improvements.

SA17.244 State Government Active Transport Program 2017/18 - Approved Projects

HPERM Ref: D17/243216

That Council:

1. Accepts the grant funding offers under the NSW State Government Active Transport Program as follows:

a. $1,500,000 for “Round the Bay” shared user path and associated works including a new Moona Moona Creek shared user path bridge, Callala Bay Headland and ‘way finding’ signage generally in accordance with Council’s Restart Illawarra (Environment & Tourism fund) nomination and other key shared user path links and authorise the expenditure on job number 86020;

b. $190,000 for the construction of a shared user path and associated works on Vincent and Twyford Streets, Vincentia, and authorises the expenditure on job number 86147;

c. $150,000 for the construction of Stage 1 of the proposed shared user path and associated works on Deering Street, Ulladulla, and authorises the expenditure on job number 86148;

d. $50,000 for the construction of a pedestrian refuge and associated kerb and pram ramp adjustments on Green Street (at the intersection of the Princes Highway) Ulladulla, and authorises the expenditure on job number 86919; and

e. $10,000 for Bike parking facilities (bike racks) installed at various locations across the city, and authorises the expenditure on job number 85438.

2. As a consequence of this grant, the $640,000 allocated by Council to the Moona Moona Creek shared user path bridge project (job number 86020) be reallocated to the Chris Creek shared user path bridge project.

3. The General Manager (Director Assets & Works) writes to the NSW Roads & Maritime Services, and the Local Members of Parliament (for Kiama and South Coast), thanking them for their ongoing support of the Shoalhaven Community through the NSW Active Transport Program and for the support of RMS staff in reviewing and supporting Council’s nominations for these important local safety and accessibility improvements.

SA17.245 NSW Government Safer Roads Program - Local Government Roads 2017/18 and 2018/19 - Approved Projects

HPERM Ref: D17/279849

That Council

1. Accepts the grant funding offers under the NSW Government Safer Roads (Local Government Roads) Program as follows:

a. $425,000 for the safety improvements on Bolong Road, from east of Broughton Creek to the northern side of Askeaton Park ($300,000 in 2017/18 and $125,000 in 2018/19), and authorise the expenditure on job number 86637

b. $130,000 in 2018/19 for a single lane roundabout at the intersection of Illaroo Road and Page Avenue, North Nowra, and authorise the expenditure on job number 86665

c. $140,000 in 2018/19 for a single lane roundabout at the intersection of Mitchell Parade and Donlan Avenue, Mollymook, and authorise the expenditure on job number 86668

d. $145,000 in 2018/19 for the safety improvements on Jervis Bay Road, Falls Creek (channelised intersection treatment at the intersection of Gardners Road), and authorise the expenditure on job number 86667

e. $640,000 for the safety improvements on Bolong Road, from north of Coolangatta Road to the northern side of Gerroa Road intersection ($450,000 in 2017/18 and $190,000 in 2018/19), and authorise the expenditure on job number 86639

f. $1,450,000 for the safety improvements on Currarong Road, from chainage 7.7km to chainage 11.5km ($1,000,000 in 2017/18 and $450,000 in 2018/19, and authorise the expenditure on job number 86642

2. The General Manager (Director Assests & Works) writes to the NSW Roads & Maritime Services and the Local Members of Parliament (Kiama and South Coast) thanking them for their ongoing support of the Shoalhaven Community through the NSW Safer Roads Program and for the support of RMS staff in reviewing and supporting Council’s nominations for these important local road safety improvements.

SA17.246 Callala Bay Sailing Club - Erosion Control / Access Improvement / Revegetation Improvements and Funding Sources

HPERM Ref: D17/224650

That Council:

1. Undertake minor access improvement works, including temporary ramps, this financial year in consultation with the Callala Bay Sailing Club, with funding provided from operational budgets.

2. Proceed with design and construction of a suitable permanent beach access for sailing craft in 2018, if Council is successful with its grant application to the NSW Better Boating Now Program for upgrading of boating facilities at Callala Bay.

SA17.247 Proposed Lease - 39 Shoalhaven Street, Nowra - Shoalhaven Community Preschool Incorporated

HPERM Ref: D17/257463

That Council, in its capacity as manager of the Shoalhaven Street (R1003208) Reserve Trust:

1. Enter into a 5 year lease agreement with a 5 year option period with Shoalhaven Community Preschool Incorporated for the use and occupation of 39 Shoalhaven Street, Nowra with incremental increases in rent for the first 3 years as follows:

a. Year 1 - $2,127.54 plus GST;

b. Year 2 - $4,255.09 plus GST; and

c. Year 3 - $7,091.82 plus GST;

with CPI increases from year 3 to year 5 and a review at the commencement of the option period; and

2. Make adjustments in the FY 17/18 Quarter 1 financial review and make provisions in the FY 18/19 budget for the following sums to job number 13938 to cover the additional subsidised rent in the first 2 years (if required by Department of Primary Industries – Lands & Forestry):-

a. Year 1 - $4,964.28 plus GST (if applicable);

b. Year 2 - $2,836.73 plus GST (if applicable).

3. Authorise the General Manager to finalise any lease terms and to sign all documentation required to give effect to this resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed.

SA17.248 Proposed Lease - 101 Jervis Street, Nowra - Lyrebird Preschool Kindergarten Incorporated

HPERM Ref: D17/258659

That Council:

1. Enter into a 5 year lease agreement with a 5 year option period with Lyrebird Preschool Kindergarten Incorporated for the occupation of 101 Jervis Street, Nowra for the purpose of a community preschool with incremental increases in rent for the first 3 years as follows:

a. Year 1 - $1,695.30 plus GST;

b. Year 2 - $3,390.60 plus GST; and

c. Year 3 - $5,651.00 plus GST;

with CPI increases for years 4 & 5 and a review to market under the provisions of the rental assessment framework at the commencement of the option period; and

2. Approve the allocation of rent received under the lease agreement into the Property Reserve restricted account; and

3. Authorise the General Manager to sign all documentation required to give effect to this resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed.

SA17.249 Classification of Land - 125 Moss Vale Road Cambewarra

HPERM Ref: D17/262081

That Council resolve to classify the land described as Lot 262 DP794245 known as 125 Moss Vale Road, Cambewarra as Operational Land.

SA17.255 Acquisition of easement over Crown land at Cunjurong Point

HPERM Ref: D17/255044

That:

1. Council resolve to compulsorily acquire an Easement for Electricity Purposes 10 wide & variable over Crown land Lot 482 DP823199, being the area of an existing Easement for Access and Water Supply Pipeline 10 wide & variable shown highlighted green on DP641175 marked ‘Attachment 1’.

2. Council pay compensation as determined by the Valuer General and ancillary costs for the acquisition in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, from Council’s Water Fund.

3. The necessary application be made to the Minister for Local Government and the Governor for approval to the acquisition under the Local Government Act 1993.

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

SA17.256 Acquisition of Crown land and Easement for Access at Vincentia

HPERM Ref: D17/276897

That:

1. Council resolve to compulsorily acquire from the Crown:

a. Part of Crown land Lot 1 DP608937 at Captain Street Vincentia, shown as proposed Lot 1 on the attached draft survey plan.

b. An Easement for Right of Access 4.555 wide & variable over Crown land Lot 1 DP608937, marked (E) on the attached draft survey plan.

2. Council pay compensation and costs associated with the acquisition, in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991, from Council’s Sewer Fund.

3. The necessary application be made to the Minister for Local Government and the Governor. The acquisition is to be carried out under the Local Government Act 1993.

4. The land to be acquired be classified as Operational land in accordance with Section 31(2) of the Local Government Act 1993

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

Ordinary Meeting – Tuesday 26 September 2017

Page 40

CL17.235 Report of the Shoalhaven Traffic Committee - 12 September 2017

HPERM Ref: D17/303918

Attachments: 1. TRAF 2017-69 ⇩

2. TRAF 2017-70 ⇩

3. TRAF 2017-71 ⇩

4. TRAF 2017-72 ⇩

5. TRAF 2017-73 ⇩

6. TRAF 2017-74 ⇩

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

TC17.67 School Bus Zone and Drop off / Pick up Improvements - Terara Public School, Millbank Road, Terara (PN 3368)

HPERM Ref: D17/294984

Recommendation

That the General Manager (Director Assets and Works) be requested to arrange for the installation of the following improvements on Millbank Road, adjacent to Terara Public School, Terara, as detailed in the attached TRAF2017/69:

1. Install double barrier (BB) centre line marking and edge (E1) line marking along Millbank Road from its intersection with South Street, Terara to the southern end of the 40kph school speed zone (370m approx.), delineating the bus zone with continuity (C1) line marking.

2. Amend the existing bus zone time restriction to 8am to 9.30am and 2.30pm to 4pm school days, from 2.45pm to 3.15pm school days.

3. Amend the existing No Parking zone time restriction to 8am to 9.30am and 2.30pm to 4pm school days, from 8am to 9.30am school days.

TC17.68 Proposed Vehicle Control Measures - Captain Street, Blenheim Beach Reserve, Vincentia (PN 3411)

HPERM Ref: D17/295002

Recommendation

That the General Manager (Director Assets and Works) be advised that the committee has no objection to the proposed vehicle control measures being installed at the intersection of Elizabeth Drive and Captain Street (Blenheim Beach Reserve), Vincentia as detailed in the attached plan TRAF 2017/70.

1. Subject to sign posting being installed adjacent to the proposed gate and “Road Closed” signage to have the effect of permitting ongoing access for pedestrians and cyclists.

TC17.69 Regulatory Signage and Line Marking - Ocean Street, Mollymook (PN 3429)

HPERM Ref: D17/295042

Recommendation

That the General Manager (Director Assets and Works) be advised that the committee has no objection to the proposed signage and line marking to be installed in conjunction with the Mollymook All Abilities Play space in the reserve off Ocean Street, Mollymook, as detailed in the attached plan TRAF2017/71.

TC17.70 Disabled Parking Space - SEC Car Park, Graham Street, Nowra (PN 3431)

HPERM Ref: D17/295055

Recommendation

That the General Manager (Director Assets and Works) be requested to arrange for the installation of a dedicated parking space for people with disabilities and associated shared zone adjacent to the rear access ramp to the Shoalhaven Entertainment Centre (SEC) car park, Nowra, as detailed in the attached plan TRAF 2017/72.

TC17.71 Amendments to Loading Zone - Egans Lane, Nowra (PN 3432)

HPERM Ref: D17/295065

Recommendation

That the General Manager (Director Assets and Works) be requested to arrange the amendment of 12m (approx.) of the existing loading zone to a No Stopping, on the southern side of Egans Lane, adjacent to 21 Kinghorne Street, Nowra, as detailed in the attached TRAF 2017/73.

TC17.72 No Stopping Zone - South Street, Ulladulla (PN 3433)

HPERM Ref: D17/295074

Recommendation

That the General Manager (Director Assets and Works) be requested to arrange for the installation of a 15m (approx.) No Stopping zone on the southern side of South Street, immediately east of Pindari Place, Ulladulla, as detailed in the attached plan TRAF 2017/74.

Ordinary Meeting – Tuesday 26 September 2017

Page 48

CL17.236 Election of Deputy Mayor and Assistant Deputy Mayor

HPERM Ref: D17/305585

Group: General Manager's Group

Purpose / Summary

To elect a Deputy Mayor and Assistant Deputy Mayor for the period to September 2018.

Recommendation

That Council determine the method of election and then conduct an election for Deputy Mayor and Assistant Deputy Mayor for the period until September 2018.

Options

1. Elect and appoint the Deputy Mayor and the Assistant Deputy Mayor. (as recommended)

2. Elect and appoint a Deputy Mayor only.

Background

Under the provisions of Section 231 of the Local Government Act 1993 (LG Act) the Councillors may elect a person from among their members to be the Deputy Mayor. A Deputy Mayor may be elected for the Mayoral term or a shorter term. The recommendation provides for the position to be filled for one year.

Council has previously appointed an Assistant Deputy Mayor who may exercise the function of Deputy Mayor if the Deputy Mayor is prevented by illness, absence or otherwise from exercising the function of the Deputy Mayor. Election to the position of Assistant Deputy Mayor should follow the same procedure as for Deputy Mayor if Council considers the position is required.

Council at its meeting on 4 October 2016 elected Clr Kitchener as Deputy Mayor and Clr White as Assistant Deputy Mayor.

The Deputy Mayor or the Assistant Deputy Mayor in his/her absence may exercise any function of the Mayor at the request of the Mayor or if the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of the Mayor.

The Deputy Mayor also has a specific function under Section 369:

369 Who presides at meetings of the council?

(1) The mayor or, at the request of or in the absence of the mayor, the deputy mayor (if any) presides at meetings of the council.

(2) If the mayor and the deputy mayor (if any) are absent, a councillor elected to chair the meeting by the councillors present presides at a meeting of the council.

The method of election is as follows:

i. Returning Officer

The General Manager (or a person appointed by the General Manager) is the Returning Officer. The General Manager has appointed Director Finance, Corporate and Community Services as the Returning Officer.

ii. Nominations

a) A Councillor may be nominated without notice for election as Deputy Mayor, and that Councillor has indicated consent to the nomination.

b) The nomination can also be made in writing by two (2) or more Councillors (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing.

c) The nomination is to be delivered or sent to the Returning Officer.

d) The Returning Officer is to announce the names of the nominees at the Council meeting at which the election is held.

It would be appreciated if nominations could be in the hands of the Returning Officer by 12 Noon on Tuesday 26^th September 2017 to allow ballot papers to be prepared should there be more than one candidate and Council elects to proceed by preferential or ordinary ballot. However, this does not preclude nominations being lodged under part (a) above.

iii. Election

a) If only one Councillor is nominated, that Councillor is elected.

b) If more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting. (ie. show of hands)

c) The election is to be held at the Council meeting at which the Council resolves on the method of voting.

d) In this clause:

(1) Ballot has its normal meaning of secret ballot;

(2) Open voting means voting by a show of hands or similar means.

e) In the event of an equal number of ballots being cast for the position of Deputy Mayor or Assistant Deputy Mayor, the position shall be determined by draw. In the event of a draw the name drawn shall be the Councillor appointed to the position.

Ordinary Meeting – Tuesday 26 September 2017

Page 52

CL17.238 Determination of Core Committees

HPERM Ref: D17/306832

Group: General Manager's Group

Purpose / Summary

In accordance with Clause 260 of the Local Government General Regulation 2005, a Council may appoint or elect such committees as it considers necessary. In regard to such committees Council must specify the functions or delegation, membership and quorum of each Committee.

Recommendation

That

1. Pursuant to Section 355(b) – Local Government Act ,1993 and Clause 260 of the Local Government (General) Regulation, 2005 Council establish the ‘Core’ Council Committees as:

a. Strategy and Assets Committee

b. Development Committee

2. The Delegations of the Strategy and Assets Committee be as follows:

Strategy and Assets Committee

THAT pursuant to s377 (1) of the Local Government Act 1993 the Committee is delegated the functions conferred on Council by the Local Government Act 1993 (LG Act) or any other Act or delegated to Council, as are specified in the Schedule, subject to the following limitations:

i. The Committee cannot exercise any function delegated to the Council which by the terms of that delegation cannot be sub-delegated;

ii. The Committee cannot exercise any function which s377(1) of the LG Act provides cannot be delegated by Council;

iii. The Committee cannot exercise a function which is expressly required by the LG Act or any other Act to be exercised by resolution of the Council; and

iv. The Committee cannot exercise any function which is a function of the General Manager under s335 of the LG Act.

SCHEDULE

a. Make recommendations to Council and, where permitted under legislation consider, formulate, review and adopt policies in relation to Council’s corporate & community planning under Part 2 of Chapter 13 of the LG Act, asset management and in connection with the other functions listed in this Schedule and in particular to Make recommendations to Council in respect of the content of Council’s community strategic plan, delivery program, resourcing strategy and operational plan within the meaning of Part 2 of Chapter 13 of the LG Act;

b. Make recommendations to Council and consider, formulate, review and adopt Council policies, plans and strategies other than those in respect of town planning and environmental matters, and any other matter referred to the Committee by the General Manager.

c. Make recommendations in respect of the introduction of new fees or charges or the alteration of existing fees and charges for inclusion in the Council’s next operational plan within the meaning of s405 of the LG Act;

d. Monitor, review and consider matters relating to the operations and strategic direction of Council’s Holiday Haven Tourist Parks Group;

e. All functions in respect of the management of, and facilities provided on Crown Land in respect of which Council is the ‘reserve trust manager’ within the meaning of s92 of the Crown Lands Act 1989, and the making of recommendations to Council regarding such matters where the function cannot be delegated by Council;

f. Provision of corporate direction to the Shoalhaven Water Group in respect of powers delegated to it by Council regarding the construction, alteration or maintenance of water and sewerage works, effluent works and pump out removal;

g. Authorise the expenditure of funds raised under s64 of the LG Act within the limits outlined in, and in accordance with Council’s adopted Development Servicing Plan and other relevant adopted Council policies;

h. Make recommendations to Council in respect of fees and charges for water and wastewater services provided by Council;

i. Develop, implement, review and adopt strategic policies for water, sewerage and effluent operations of Council;

j. Undertake preliminary investigations (feasibility, cost benefit, risk analysis, etc.) into development opportunities for Council’s strategic land holdings and make recommendations to Council.

k. Review and make recommendations to Council in relation to:

i. The sale prices of land in connection with residential and industrial Council subdivisions;

ii. The sale of Council property or the purchase or resumption of land;

iii. The compensation to be offered in respect of land resumed by Council; and

iv. Properties leased or rented by Council, other than those delegated to the General Manager for approval and execution in accordance with MIN14.912 and MIN15.237 of the Council.

l. To determine tenders except those tenders required by law to be determined by full Council (MIN17.334).

3. The Delegations of the Development Committee be as follows:

Development Committee

THAT pursuant to s377 (1) of the Local Government Act 1993 the Committee is delegated the functions conferred on Council by the Environmental Planning & Assessment Act 1979 (EPA Act), Local Government Act 1993 (LG Act) or any other Act or delegated to Council, as are specified in the attached Schedule, subject to the following limitations:

i. The Committee cannot make a decision to make a local environmental plan to classify or reclassify public land under Division 1 of Part 2 of Chapter 6 of the LG Act;

ii. The Committee cannot review a s82A or s96AB EPA Act determination made by the Council or by the Committee itself;

iii. The Committee cannot exercise any function delegated to the Council which by the terms of that delegation cannot be sub-delegated;

iv. The Committee cannot exercise any function which s377(1) of the LG Act provides cannot be delegated by Council; and

v. The Committee cannot exercise a function which is expressly required by the LG Act or any other Act to be exercised by resolution of the Council.

SCHEDULE

a. All functions relating to the preparation, making, and review of local environmental plans (LEPs) and development control plans (DCPs) under Part 3 of the EPA Act.

b. All functions relating to the preparation, making, and review of contributions plans and the preparation, entry into, and review of voluntary planning agreements under Part 4 of the EPA Act.

c. The preparation, adoption, and review of policies and strategies of the Council in respect of town planning and environmental matters and the variation of such policies.

d. Determination of variations to development standards related to development applications under the EPA Act where the development application involves a development which seeks to vary a development standard by more than 10% and the application is accompanied by a request to vary the development standard under clause 4.6 of Shoalhaven Local Environmental Plan 2014 or an objection to the application of the development standard under State Environmental Planning Policy No. 1 – Development Standards.

e. Determination of variations from the acceptable solutions and/or other numerical standards contained within the DCP or a Council Policy that the General Manager requires to be determined by the Committee

f. Determination of development applications that Council requires to be determined by the Committee on a case by case basis.

g. Review of determinations of development applications under sections 82A and 96AB of the EP&A Act that the General Manager requires to be determined by the Committee.

h. Preparation, review, and adoption of policies and guidelines in respect of the determination of development applications by other delegates of the Council.

4. The membership and quorums be as set as follows:

a. Strategy and Assets Committee

· Membership:

o Mayor

o All Councillors

o General Manager (or nominee)

· Chairperson has casting vote

· Quorum: Five (5)

b. Development Committee

· Membership:

o Mayor

o All Councillors

o General Manager (or nominee)

· Chairperson has casting vote

· Quorum: Five (5)

5. That a Chairperson and Deputy Chairperson be appointed for each of the Core Committees:

a. Development Committee

i. Chairperson

ii. Deputy Chairperson

b. Strategy and Assets Committee

i. Chairperson

ii. Deputy Chairperson

Options

1. Establish the proposed Core Council Committees including the functions, delegation, membership and quorum.

Implications: No change of procedure, delegation or meeting practice is required.

2. Establish the proposed Core Council Committees with changes in functions, delegation, membership or quorum.

Implications: Should council wish to change the functions of commitees, changes to procedures and the Code of Meeting Practice may be required. Should amended delegations be proposed for a Committee, it may be prudent to obtain legal advice on the impact of those changes to ensure decisions are legally valid.

3. Establish different Core Council Committees with changes in functions, delegation, membership or quorum.

Implications: Changes to procedures and the Code of Meeting Practice may be required, and, it would be prudent to obtain legal advice on the the proposed delegations of the Core Committee to ensure decisions are legally valid.

4. Disestablish the core committees and revert to two council meetings per month.

Implications: replacing three meeting (two committee/one council) with two meetings per month may result in longer council meetings. Consideration would have to be given to the options of starting earlier; considering deputations at a different time slot or applying stricter time controls; deleting the anthem and/or prayer. Efficiencies could arise by having council consider matters only once rather than becoming a recommendation from a committee. Committees however can be less formal and engender more discussion.

Background

The delegations proposed in this report reflect legal advice obtained in 2016 with respect to the functions of the Core Committees outlined in this report.

Strategy and Assets Committee

At the Ordinary Meeting 26 April 2017 (MIN17.334) Council resolved to

1. Delegate authority to the Strategy & Assets Committee to determine and accept all tenders with a value of $1M or more, except those tenders required by law to be determined by full Council;

2. Delegate authority to the General Manager to determine and accept any tenders with a value less than $1M except those tenders required by law to be determined by full Council; and

3. Delegate authority to the General Manager to determine and accept any tenders initiated by the Illawarra (Pilot) Joint Organisation (IPJO) on behalf of all or a majority of member councils.

Part 1 of this resolution has been included in the delegations for the Strategy & Assets Committee with an amendment to allow the committee to determine tenders of any value. This allows the committee to determine tenders in which the General Manager has declared an interest.

Part 2 & 3 of the resolution have been included in the General Manager’s Instrument of Delegation.

Development Committee

The proposed changes to the charter of the development committee (Schedule in recommendation) are proposed to ensure that requests for review of a determination under Section 82A (development application) and 96AB (modification application) of Environmental Planning and Assessment Act for relatively minor development proposals can be reviewed by staff in accordance with the legislative provisions. The intent is that the more significant or contentious proposals would be reported to the development committee for review at the discretion of the general manager as it is considered that this was the original intent. The development committee would retain the ability to pass a resolution to require a specific review application to be reported to the development committee for determination as is the case currently with development applications.

The modification to the charter in relation to variations to development standards is only to correct terminology as an application to vary a development standard is not a breach

A Council must specify the function, purpose and delegation of each of its committees when such a committee is appointed or elected but may amend those functions or purpose and delegation from time to time.

Such a committee is to consist of The Mayor, and such other Councillors as are elected by the Councillors or appointed by Council.

The Chairperson of each committee (i.e. a committee consisting of only Councillors) of Council must be:

a) The Mayor; or

b) If the Mayor does not wish to be the Chairperson of the Committee – a member of the Committee elected by the Council; or

c) If the Council does not elect such a member – a member of the committee elected by the Committee.

As the Council has historically included the General Manager as a member of committees the Local Government Act provision relating to Chairmanship does not apply.

A Council may elect a member of a committee of the Council as Deputy Chairperson of the committee. If the Council does not elect a Deputy Chairperson of such a committee, the committee may elect a Deputy Chairperson.

If neither the Chairperson nor the Deputy Chairperson of a committee of a Council is able or willing to preside at a meeting of the committee, the committee must elect a member of the committee to be the Acting Chairperson of the committee.

The Chairperson is to preside at a meeting of a committee of a Council. If the Chairperson is unable or unwilling to preside, the Deputy Chairperson (if any) is to preside at the meeting, but if neither the Chairperson nor the Deputy Chairperson is able or willing to preside, the Acting Chairperson is to preside at the meeting.

The quorum for a meeting of such a committee is to be:

a) Such number of members as the Council decides; or

b) If the Council has not decided a number – a majority of the members of the committee.

It should be noted that recent amendments to the Local Government Act 1993 which do not yet have a commencement date, will result in a ‘Model” Code of Meeting Practice for NSW Councils. This will likely impact on meeting procedure and may impact on the membership, quorum and other features of ‘Core’ Committees. Reports will be provided to Council when further information comes to hand.

Community Engagement

No community engagement has occurred in relation to the proposed Core Committees.

Ordinary Meeting – Tuesday 26 September 2017

Page 85

CL17.260 Council Representatives on Other Committees or Organisations Outside of Council

HPERM Ref: D17/306912

Group: General Manager's Group

Purpose / Summary

To confirm the list of Council representatives on Other Committees or Organisations Outside of Council.

Recommendation

That Council resolve the representative membership of Councillors and other delegates on other Committees or Organisations Outside of Council for the period to 30 September 2018.

Options

1. Council confirm membership as per the recommendation.

2. Council change the membership of Councillors and other delegates on other Committees or Organisations Outside of Council.

Background

Details of the other committees or organisations in which Council has an interest, along with their respective purpose and current membership, are listed below.

Batemans Marine Park – 33451E
Meetings per year: Four (4)
Purpose: Advise the Ministers and the Marine Parks Authority (NSW) on the development of the Batemans Marine Park.
2016-2017 Council Members	2017-2018 Council Members
Clr Kitchener Clr Levett	Clr Clr

Cemeteries and Crematoria Association of NSW – 33451E
2016-2017 Council Members	2017-2018 Council Members
Pamela Green (Unit Manager - Bereavement Services)	Pamela Green (Unit Manager - Bereavement Services)

Healthy Cities Illawarra Management Committee – 4043E
Purpose: Healthy Cities Illawarra is a community based, non profit organisation that is part of a world wide movement initiated by the World Health Organisation, committed to improvement of health, environment and the quality of life within the Illawarra community.
2016-2017 Council Members	2017-2018 Council Members
Clr Alldrick General Manager or delegate – Alternative representative

Illawarra Academy of Sport – 2388E
Purpose: To develop outstanding young community citizens who utilise their sporting talents and role model status in a positive manner within the Illawarra Region.
2016-2017 Council Members	2017-2018 Council Members
Mayor Appointed Representative – Clr Wells	Mayor Appointed Representative –

e) Note: The amendments proposed in the Local Government Act 1993 will provide that the Role of Mayor includes representing Council on the Joint Organisation and also that General Manager’s can no longer be appointed as delegates.

Illawarra Pilot Joint Organisation – 2172E
Functions: Three core functions and two optional functions for are being piloted by JOs. The functions of the IPJO are: · regional strategic planning, including high level planning across the quadruple bottom line · inter-governmental collaboration, working closely with the NSW Government as well as the Australian Government and other councils and JOs · regional leadership and advocacy, as the preeminent regional voice for councils and communities · enhancing regional strategic capacity, to support member councils to deliver services to their communities · regional service delivery, to provide services directly to communities within the region. The Illawarra Joint Organisation is comprised of representatives from Shellharbour; Kiama; Wollongong & Shoalhaven Councils.
2016-2017 Council Members	2017-2018 Council Members
Clr Findley – Mayor Clr Wells Clr Kitchener (alternate delegate)	Clr Clr Clr (alternate delegate)

Jervis Bay Marine Park Advisory Authority Committee – 1462E
Purpose: Advise the Ministers and the Marine Parks Authority (NSW) on the management of the Park and: · The conservation of the marine biological diversity within the Marine Park · The ecologically sustainable use of the Marine Park · The public use and enjoyment of the Marine Park
2016-2017 Council Members	2017-2018 Council Members
Clr Findley Clr Pakes	Clr Clr

g) Note: The council appointed members can either be councillors, community members or a combination of both.

Joint Regional Planning Panel – 39782E
Meetings per year: As required
Purpose: To determine regionally significant development applications
2016-2017 Council Member	2017-2018 Council Member
Clr Levett Clr Watson
2016-2017 Alternate Members	2017-2018 Community Members
Clr White Ernie Royston – Community Member
Sitting Fees - A sitting fee of $400.00 is paid to the Council and Community Representatives

h) Note: The Mayor & General Manager are members under the constitution. Council may wish to appoint an alternate delegate.

NSW Country Mayors Association – 14214E
Purpose: The NSW Country Mayors Association is a group that comprises Mayors and General Managers, or their representatives, from country areas of NSW under its constitution.
2016-2017 Council Members	2017-2018 Council Members
Clr Findley – Mayor Clr Kitchener – Deputy Mayor (alternate delegate) Russ Pigg – General Manager	Clr Findley Clr (alternate delegate) Russ Pigg – General Manager

Noxious Weeds Advisory Committee – 6735E
Purpose: · Provide a forum for all matters relating to the control of noxious weeds · Provide advice to the Minister on all matters related to noxious weed control · Recommend to the Minister allocations from the Government’s Weeds Action Program funding and to ensure public authorities are accountable for those funds. · Recommend to the Minister plant species proposed to be declared as noxious weeds
2016-2017 Council Members	2017-2018 Council Members
Clr White Clr Levett (Alternate)	Clr

Rural Fire Service Shoalhaven District Liaison Committee – 2122E
Purpose: In regard to the RFS: · Monitor the performance of the Service Level Agreement · Develop a local service delivery model · Prepare an annual budget and business plan for Councils consideration · Provide financial performance reports · Act as the appropriate disciplinary authority for Council.
2016-2017 Council Members	2017-2018 Council Members
Clr Gash Clr Pakes General Manager (or nominee)	Clr Clr General Manager (or nominee)

Shoalhaven Bush Fire Management Committee – 2820E
Purpose: Under the Rural Fires Regulation 2002 – Part 3, At the request of the Bush Fire Co-ordinating Committee: · Assist the Bush Fire Co-ordinating Committee in the performance of its functions under Section 48 of the Act; · Assist the Bush Fire Co-ordinating Committee in the performance of its functions under Sections 60(2) and 63(4) of the Act; · Draw to the attention of the following in regard to any matter it considers relevant to the protection of land, life, property or the environment in that area from the impact of bush fires: § The Bush fire Co-ordinating Committee; or § A public authority exercising it’s functions in the Bush Fire Management Committee’s area. Note: The Committee has no power to conduct or take part in fire fighting or fire prevention operations authorised by the Act, this regulation or any other Act or statutory instrument.
2016-2017 Council Members	2017-2018 Council Members
Clr Gash Clr Pakes General Manager (or nominee) as an observer	Clr Clr (Alternate) General Manager (or nominee) as an observer

Safer Community Action Team – 3519E
Purpose: To increase community safety in the Shoalhaven and develop an Action Plan containing strategies to address the issues and enlist support for the Plan from the community.
2016-2017 Council Members	2017-2018 Council Members
Clr Cheyne Clr Alldrick Clr White Clr Kitchener Clr Proudfoot Clr Pakes

Shoalhaven Traffic Committee – 1491E
Purpose: The Traffic Authority has delegated certain powers to Councils in respect of the provision of Traffic control facilities and traffic management measures on public streets. The exercise of such powers is conditional upon the Council forming a Local Traffic Committee and seeking its advice /approval before as traffic facility/traffic management measure is implemented or removed. NOTE- the Local Traffic Committee is not a Committee appointed by Council under the Local Government Act but a Committee to be formed by Council in the exercise of its delegated powers. Councillor members are considered informal members who may contribute to discussion but may not vote.
2016-2017 Council Members	2017-2018 Council Members
Informal – Clr Gash Informal – Clr White Informal – Clr Guile CONVENOR/CHAIRPERSON - Mr Martin Upitis – Assets Manager	Informal – Clr Informal – Clr Informal – Clr CONVENOR/CHAIRPERSON - Mr Tom Dimec – Assets Manager

South Coast Co-operative Library Services – 3934E
Purpose: To provide control and manage libraries or library services within the areas of the Member Councils upon the terms and subject to the conditions specified in the agreement Note: The member Councils are Shoalhaven City Council and Kiama Municipal Council.
2016-2017 Council Members	2017-2018 Council Members
Clr Findley – Mayor All Councillors General Manager or nominee Director Finance Corporate & Community Services Library Services Manager

South Coast Correctional Centre Community Consultative Committee – 4043E
Purpose: · To assist in the development and maintenance of a positive relationship with the local community · To provide a forum for local community consultation and comment on correctional programs and procedures · To facilitate the involvement of the local community in correctional centres programs · To provide a mechanism to identify appropriate programs in which the correctional centre can participate and assist in the local community · To assist in the establishment of worthwhile community partnerships
2016-2017 Council Members	2017-2018 Council Members
Clr Cheyne Clr Watson Mr Ben Stewart – Director Assets & Works	Director Assets & Works

South Coast Regional Tourism Organisation Incorporated – 6853E
Purpose: To promote Tourism to the South Coast of NSW.
2016-2017 Council Members	2017-2018 Council Members
Shoalhaven Tourism Advisory Group Chairperson (or Delegate) Tourism Manager

South East Australian Transport Strategy Inc – 3678E
Purpose: To improve the transport network to enhance economic development within the region. Note: Council is entitled to one voting delegate but may also nominate alternative delegates (Councillors &/or staff).
2016-2017 Council Members	2017-2018 Council Members
Clr White (Chairman) Clr Guile Mr Greg Pullen – Economic Development Manager (Alternate)

Southern Tablelands and South Coast Regional Noxious Plants Committee – 3201E
Purpose: This Committee allows representatives of Councils involved in noxious weed eradication on the Southern Tablelands and South Coast to meet quarterly for the purpose of discussing common problems and objectives. The Committee also makes special purchasing arrangements for noxious weed sprays, in order that the Councils in the area can obtain the most advantageous prices available.
2016-2017 Council Members	2017-2018 Council Members
Clr White Clr Gash

Southern Water Services Pty Ltd – 4043E
Purpose: To operate in a commercial way under the Companies Act on a similar basis to any other trading Company. Note: Southern Water Services is a Council owned company formed in 1998 with permission from the Minister of the day. Its constitution states that the Company was formed to “undertake the provision of water, sewerage and related services”. It currently has no relationship with Shoalhaven Water operations or staff.
2016-2017 Council Members	2017-2018 Council Members
No directors were nominated Ms Vanessa Phelan – Secretary

Ulladulla User Group – 4043E
Purpose: To assist Crown Lands to resolve operational matters and identify emerging issues in relation to operation and maintenance of coastal infrastructure including Ulladulla Harbour.
2016-2017 Council Members	2017-2018 Council Members
Michael Strachan – Project Manager

Ulladulla Working Port Committee – 4043E
Purpose: To provide input and support to the Department of Lands and it’s proposed agent in connection with the operation of the present maritime and associated facilities at Ulladulla Harbour
2016-2017 Council Members	2017-2018 Council Members
Clr Kitchener Clr Gartner Clr Proudfoot (alternate) Clr White (alternate)

Ordinary Meeting – Tuesday 26 September 2017

Page 91

CL17.213 Request for Donation - Reduction of Annual Rent - Milton Ulladulla Men's Shed

HPERM Ref: D17/255349

Group: Finance Corporate & Community Services Group

Section: Human Resources, Governance & Customer Service

The Ordinary Meeting on 22 August 2017 resolved that the matter be deferred to the meeting to be held on 26 September 2017.

Purpose / Summary

To consider a request from the Milton Ulladulla Men’s Shed to receive a donation to effectively reduce their required annual rental amount payment from $472 to $1 per annum.

Recommendation

That Council decline the request from Milton Ulladulla Men’s Shed for a donation of $471 as a deduction to reduce their rent payment commitments to $1 per annum, as such a deduction is not in accordance with the Council Owned and Managed Land Policy (POL16/150).

Options

1. As recommended

Implications: This would result in the licence fee for the Milton Ulladulla Men’s Shed being liable for the full fee remaining at the current rental figure of $472, which the group has previously indicated is within its financial capacity to pay.

2. Provide an annual donation of $471 to Milton Ulladulla Men’s Shed for the purpose of paying their annual rental to Council for the term of the licence.

Implications: The variation in funds donation would be required to be paid from the Unallocated Donations Vote. Council should be aware that this would set precedence for similar requests from the other five men’s sheds who have not sought further concession to what is already provided.

Background

On 10 July 2017, Council provided a draft licence (rental agreement) to the Milton Ulladulla Men’s Shed for the use of the building at “Part 188 Camden Street, Ulladulla”. The licence document has not yet been executed and returned.

The licence period is for 5 years from 17 July 2017 to 16 July 2022 and the licence fee is set at $472 plus GST per annum, payable yearly in advance which equates to $9.07 per week.

Council has since received a request from Mr Tim Jamison, President of the Milton Ulladulla Men’s Shed to “make a donation of all but the annual rental fee of one dollar”.

Mr Jamison states in his request that precedence has been set where other Men’s Sheds have seen the amount of rental payable by the occupant reduced to one dollar following receipt of an annual donation. He also notes that the Milton Ulladulla Men’s Shed is a not for profit organisation with limited financial resources and a reduction in the rental amount would constitute financial relief.

In accordance with Section 3.7 of the Policy, prior to the lease being granted, the Ulladulla Men’s Shed demonstrated their capacity to meet their commitments under the agreement.

Previous approvals for donations for this purpose via Council’s Donations Budget have been moved off the floor at Council meetings.

All Council’s community tenants pay rent in accordance with the Policy, except the following:

· Clifton Park Community Garden – Recommendation Alteration (MIN14.273);

· Culburra Men’s Shed (Culburra Progress Association) – Notice of Motion ( MIN15.31)

· Greenwell Point Men’s Shed – Notice of Motion (MIN16.1007)

The above three community groups receive an annual donation to cover the rent payable under their current licence agreements.

Policy Implications

Council’s policy, Occupation of Council Owned and Managed Land (POL16/150), first adopted in 2009, changed the way in which Shoalhaven City Council’s properties were managed. This was borne by a need outlined in Council’s Community Strategic Plan to enhance the Shoalhaven’s community, economy and environment through good governance, public involvement and innovative use of our resources.

The policy helps Council to achieve best value service delivery and efficiency. The previous “peppercorn” rental arrangements were abolished and this has been implemented by most Councils within NSW.

Financial Implications

There is currently $13,758 available in Council’s Uncommitted Donations Budget for the remainder of the 2017/ 2018 financial year.

Risk Implications

Reducing the rental amount from $472 to $1 per annum for the Milton Ulladulla Men’s Shed confirms the precedence previously set by Council with respect to the Greenwell Point and Culburra Men’s sheds.

As Council is aware, there is a limited Donations Budget and there are currently 8 men’s sheds in the Shoalhaven which lease premises from Council.

Ordinary Meeting – Tuesday 26 September 2017

Page 95

CL17.261 Replacement of Indoor Pool Filtration – Ulladulla Leisure Centre

HPERM Ref: D17/279431

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Purpose / Summary

To seek funding from Council to replace the pool filtration and associated hydraulics for the existing indoor 25 metre, therapy and spa pools within Ulladulla Leisure Centre, as essential asset renewal works.

Recommendation

In order to enable replacement and refurbishment of Ulladulla Leisure Centre Indoor Pools Filtration, Pumps and Hydraulics with Australian made Regenerative, Precoat Media Diatomaceous Earth Filters, Council:

1. Commit the sum of $615,500 (exGST) to this project from Strategic Project Reserve Funds

2. Staff continue to research and source grant funding to recover costs.

Options

1. Council adopt the recommendation as written above.

Implications: Reduces the risk of medium to long term catastrophic filtration failure of indoor pools at Ulladulla Leisure Centre.

2. Council reject the above recommendation and provide an alternate.

Implications:

a) High risk of catastrophic filtration failure of indoor pools at Ulladulla Leisure Centre, leading to closure of indoor pools for at least a three (3) month period and significant revenue loss.

b) Adverse impact on potentially 260,000 patrons per year.

Background

The Ulladulla Olympic Pool was originally constructed in 1975, consisting of a 50.0 metre outdoor Olympic pool and wading pool, with a dedicated filtration system, amenities and kiosk.

A major refurbishment was undertaken in 1996 / 97, along with the existing olympic pool, a 25 metre short course pool and gymnasium, variable depth pool, spa pool and toddlers pool, indoor amenities, café and crèche to form the present multi faceted Ulladulla Leisure Centre.

Only the indoor pools’ filtration is discussed in this report. Ulladulla Leisure Centre outdoor 50.0 metre pool and wading pool filtration and hydraulics is not considered as part of this report.

Ulladulla Indoor Pools Filtration

The original indoor pools water treatment plant, which formed part of the 1996 / 97 upgrade, was designed by Camp Scott & Furphy P/L in mid-1996 and will require to be totally replaced - consisting of:

25.0 metre pool	Four (4) filters and associated hydraulic pipework / pumps
Therapy pool	Two (2) filters and associated hydraulic pipework / pumps
Spa pool	One (1) filter and associated hydraulic pipework / pumps

Within the context of Local Government and commercial pool facilities, NSW Health imposes strict regulations on water quality guidelines. There are requirements within these guidelines that specify stringent water turnover and filtration rates, which include continuous, i.e., 24 hour per day, filtration, chemical and microbiological controls.

Under no circumstances can a commercial facility operate without dedicated filtration and chemical / microbiological controls in place at all times. At the time of installation in 1996, the indoor pool plant was compliant with 1996 NSW Pool and Spa Guidelines, which have been superseded in line with NSW Health “Health Protection 2013” document for public swimming pool and spa pool operation. Today’s regulations are of a higher standard than those previously specified in 1996.

Current Situation

During a recent routine inspection, it was discovered that the existing fiberglass replacement panel (FRP) pool filters servicing the 25.0 metre pool, therapy pool and spa pool showing signs of weeping and resin leakage, indicating delamination of the filters’ internal structures and, in all likelihood, will fail in the immediate, short term.

Where traditional contact moulded, sand filters present early signs of failure (such as poor water quality, i.e., high turbidity, and / or sand returning to the pool), the existing filters have not presented these ‘tell tale’ early warning signs of failure.

Leakage of a bobbin / filament-wound tank leads to delamination of the internal structural layers, where yield and ultimate strength will fail.

The filters currently in use at Ulladulla Leisure Centre are unique in that they are not used at any other Swim & Fitness facility within the Shoalhaven. By today’s construction standards, they would not be considered as appropriate for this level of ‘bather load’ and facility. ‘Bather load’ can be defined as the number of bathers using the pool in a 24-hour period, and is limited by the capacity of the associated water treatment, i.e., filters, chemical processing, microbiological control.

The existing FRP filters’ construction method is also unusual due to the use of a bobbin / filament wound construction method. The existing pool filters typically last some fifteen (15) years - they are imported European filters which are not manufactured with the same ultra violet inhibitors or construction methodology used by Australian manufacturers. The existing filters were made in Europe using European resin systems. These overseas resins are not required to include the same ultra violet inhibitors used by Australian manufacturers.

The current systems’ longevity is attributed to sound maintenance practices, which have provided Council with the additional years of service.

Where the structural integrity of the existing vessels may appear to be sound, the filter shells are actually breaking down internally, which progressively reduces the integrity of the filter casings. Therefore, failure can occur with little or no forewarning. Following recent external advice, it has been acknowledged that the best forewarning is ‘vessel age’ and evidence of ‘weeping’.

Fulham Engineering Services P/L, independent hydraulic engineering consultants, has been consulted and has identified that the above problem as a result of ‘natural aging’ (‘creep’) in combination with the selected manufacturing process (filament winding) and the use of overseas resin systems.

Unlike other methods of manufacture, it is not possible to identify the source of leakage with bobbin / filament wound vessels. Externals signs of leakage has no correlation to the defect inside the vessel. When leakage from an internal defect penetrates the FRP laminate, it travels around the vessel and through the laminate, seeking the easiest escape route. Water travelling through the wall of the vessel, causes delamination and is responsible for ultimate failure. Due to their construction method, bobbin / filament wound vessels are generally considered non-repairable and will require to be retro-fitted.

It should be noted that the present state of the FRP filters is of highest concern. It is the opinion of staff that these filters have a life expectancy of only three (3) to twelve (12) months before catastrophic failure.

The condition of this asset should not be underestimated as, if these filters do fail, this will necessitate closure of the Leisure Centre’s indoor pools in their entirety, leaving swimming only available in the outdoor 50.0 metre pool, which operates, between November to mid April inclusive. This system operates only with solar heating and cannot generate the required heat to enable the outdoor 50.0 metre pool to operate outside these months.

Council’s Asset Management Section and Shoalhaven Swim & Fitness Unit have recently undertaken comprehensive Asset Management Plans throughout all Shoalhaven Swim & Fitness assets – the combined value of which is $80 million. A separate report on the Shoalhaven Swim & Fitness Asset Management Plan is currently being prepared for Council’s review.

The current indoor pool filtration and hydraulic system at Ulladulla Leisure Centre is identified within the Asset Management Plan for replacement in 2022 as, until now, it has shown no signs of failure. The recent discovery of imminent filter failure will require these works to be urgently brought forward.

Replacement Options

The two (2) options, which Council may consider for replacement of this hydraulic system, are:

1. Retro-fit with Australian made fibreglass filters using a conventional filtering media in the form of graded silica sand or equal

2. Retro-fit with Australian made stainless steel filters, using Regenerative Precoat Filter technology - for multiple reasons, this is very much the preferred filter option

Option 1 - Australian Made Fibreglass Sand Filters

Council could consider retro-fitting the exiting filters with Australian made fibreglass sand filters. Whilst this option has, the lowest apparent cost, it also has the highest cost of operation, due to high water usage and high energy costs to re-heat mains / make-up water back to the required pool temperature. Moreover, this comes with various complexities and is not recommended for the key reasons below:

· The original plant room was designed to accommodate filtration systems to a lower standard than is currently required by NSW Health standards (2017) - to comply with today’s standards, the new filtration vessels would require to be much larger - based on preliminary investigations, replacement sand filters (of the required type and size) are most unlikely to fit within the existing plant room, without various compromises, extra costs and time-consuming extensions to the existing Plant Room

· Whilst replacement sand filters might be installed outside / external of the existing building, this would increase heat losses and current operating costs

· Option 1 would also require additional engineering which, at time of writing, is difficult to ascertain the additional costs and extra timeframe required for this Option

· Further investigation of this option is not recommended given the urgency of the matter

Option 2 - Australian made Stainless Steel Regenerative, Precoat Filter Technology

This recommended Option replaces the existing bobbin / filament wound sand filters using regenerative ‘Precoat’ filter technology. The benefits of this technology include:

· Extremely compact form of filtration - able to fit into small plant spaces and can be readily accommodated within existing space

· Provides many public health benefits due to unique ability to physically remove chlorine resistant pathogens – filtration down to two (2) microns, i.e., 0.02 of a millimetre

· Available with stainless steel filter shells – life expectancy approximately fifty (50) years

· Environmentally responsible features include:

o Reduced reliance on harsh chemicals with longer filter run times and less frequent backwashing

o Lower water usage and, therefore, reduced operational costs - backwash water consumption of ‘precoat’ filters is substantially lower than granular sand filters

o Reduced heat loss, i.e., greater energy efficiency and reduced operational cost

o Simpler water chemistry

Due to marked cost savings with water, re-heat energy and chemicals, the apparent cost premium of this Option 2, is likely to be recovered within the first ten (10) years of operation.

It is also noteworthy that Bomaderry Aquatic Centre 25.0 metre Indoor Pool was upgraded with Regenerative Media Filters in 2002. This plant has provided valuable service and its operation is well understood by pool operators and staff. More recently, the new Nowra Aquatic Park designed and constructed with this same ‘precoat’ technology.

Programmed Closure for Retro-fitting & Procurement

Ideally, the works will need to be undertaken throughout January and early February as this will reduce potential impacts on Learn to Swim or Squad programs and will allow the 50.0 metre pool to be open to the public. It is estimated that the indoor pools’ closure period could be up to 14 days.

Financial Implications

For the purpose of this report, the following costs are estimates based on informal quotations:

$ ESTIMATES (exGST)	Option 1 Granular Filters	Option 2 Regenerative Precoat Filters
Capital cost
Acquisition cost	390,000	515,000
Contingency (10%)	39,000	51,500
Project delivery	25,500	25,500
Total	exGST $454,500	exGST $592,000

Operating costs (pa)	exGST $24,698	exGST $10,006

Savings based on today’s engineering and water costs.

Given that the expected useful life of the filter for Option 1 is 25 years and for Option 2 is 50 years, the life cycle cost for each option was analysed. Ignoring the time value of money, Option 2’s cumulative cost is below that of Option 1 from 2026 / 27 onwards:

This is confirmed by calculating the equivalent annual cost of each option (taking into consideration the time value of money):

Option 1 - Granular Filters	44,337
Option 2 - Regenerative Precoat Filters	34,533
Difference	$10,093

Given the uncertainty in cost estimates, the sensitivity of the result was evaluated as a function of the acquisition cost for each option (up to +/- 20%). Under all scenarios, Option 2 results in a lower annual equivalent cost than Option 1 and is the preferred option.

The likely range for the acquisition cost under Option 2, however, is $490,000 to $540,000 (+/- 5%), with the higher amount used to assess capital requirements, as follows:

Acquisition cost	540,000
Contingency	50,000
Project delivery	25,500
Total	$615,500

At the time of writing, the above cost estimates assume operable condition and ‘fit for purpose’ of all associated infrastructure:

· Chemical dosing

· Heating plant

· Mains water make-up

· Electrical controls

· Backwash water disposal

Replacement pumping equipment is included on the basis of optimising / increasing plant flow within the confines of existing flow and return piping. The above cost estimates allow for the work being done in a discrete or isolated manner, having minimal impact on the Centre’s existing usage.

The above budgets allow for removal and disposal of existing / redundant plant in a manner that minimises any major plant shutdowns. The proposed scope of works includes all associated services related to a plant upgrade including:

· Design and documentation

· Performance guarantees

· Work-as-executed documentation (drawings / manuals)

· Delivery

· Plant commissioning

· Completion check lists

· Commissioning / handover / training

· 12-months defects maintenance

Current Financial Commitments

The Shoalhaven Swim & Fitness Unit currently has a funding allocation within Capital Works of $470,000. As stated earlier in this report, the designed componentised value of assets of $80million. The annual Capital Works funding allocation, therefore, represents 0.58% of the total asset base. The Institute of Public Works Engineering Australasia (IPWEA) recommends annual reinvestment to average 2% over life of asset. This is three (3) times the amount currently allocated to Shoalhaven Swim & Fitness for asset renewals.

Many of these projects have been identified in previous years, into which careful and proactive planning is undertaken. Therefore, the current allocation of $470,000 is already committed for the 2017 / 18 financial year and cannot be diverted. The table below indicates the potential operational impacts on Ulladulla Leisure Centre operations:

ULLADULLA LEISURE CENTRE OPERATIONAL FINANCIAL IMPACTS	Approximate Funds Generated
	Income Per Term / Quarter $	Income Per Annum $
Learn to Swim and Squad Programs - 923 students currently enrolled	110,000	440,000
Aquatic based programs and casual visits - 270 participants per week in aqua aerobics	70,000	280,000
Retail sales	20,000	80,000
Note - Health & Fitness area not impacted	Per Term / Quarter	Per Annum
Total Potential Loss of Income	$200,000	$800,000

While the table above provides potential financial impacts in the short to medium term, the likely long term impacts could present Council with adverse ‘flow on’ effects, possibly taking two to three years to restore programs and reputation.

Grant Applications

Staff are currently reviewing the available grants. At time of writing, the Ulladulla Leisure Centre Indoor Pools Filtration Replacement does not meet funding criteria. Staff will continue to investigation grant funding available.

Strategic Project Reserve

Council’s Strategic Project Reserve is able to fund Option 2 and it will leave an ending balance of just over $650,000, based on General Fund receiving the forecast dividend from Shoalhaven Water. The Strategic Project Reserve is designed to fund ‘strategic’ projects that will benefit the City. Historically, sales of strategic assets also form part of this Reserve and the purchase or construction of other strategic assets is funded (or partially funded) from it.

Loan Borrowings

The alternate scenario is loan borrowings. Assuming an interest rate of 3.50% over a term of ten (10) years, the total repayments would be $704,356, which includes principal of $590,000 (acquisition cost and contingency) and unbudgeted interest of $114,356.

Should the funds be borrowed, the Shoalhaven Swim & Fitness (Aquatics) Budget would need to include interest costs that are not budgeted, which will range from $20,215 in 2018 / 19 to $1,810 in 2027 / 28.

It is important to note that, should Council consider loan funding the Filtration Replacement Project at Ulladulla Leisure Centre, a loan would require a resolution of Council. Council would also need to resubmit its return to the NSW Office of Local Government regarding its loan borrowings for the year.

Risk Implications

Closure For Filter Refurbishment – Ulladulla Leisure Centre

1. It is envisaged that, if the present indoor pool filters fail, Council will be faced with a minimum three (3) month shutdown required in order to plan, design, tender for the works and complete and commission.

2. If, however, the works are planned and carried out before failure occurs, a shutdown of only two (2) to three (3) weeks will be required, which could be programmed to suit low patronage or seasonal times.

3. Ulladulla Leisure Centre currently employs 35 staff which includes casuals:

a. Staffing levels would need to be adjusted

b. Many casual staff would be without work and, therefore, requiring alternate employment

c. This may impact on re-employment, causing higher workloads for HR and low staff morale

4. Aqua-aerobic classes would need to be cancelled resulting in many older adults not being able to exercise for this period of time:

a. Membership refunds or extensions would have to be awarded

b. Potential for some loss of membership

5. Squad swimmers would have their training schedules greatly interrupted:

a. Impacting on their results and years of training

6. Disability groups who use the hydrotherapy pool and other patrons rehabilitating from surgery or illness would be greatly impacted:

a. Some of these patrons travel from Batemans Bay

7. Visitations at the Centre number around 65,000 per quarter or 260,000 per year

If works could be scheduled, the summer season would provide the most ideal time. The above impact on programs and Centre users generally would be greatly reduced, however, the timing cannot be guaranteed in this case.

Community Engagement

There has been no community engagement pertaining to this report.

Policy Implications

There are no policy implications pertaining to this report.

Ordinary Meeting – Tuesday 26 September 2017

Page 103

CL17.262 Shoalhaven Indoor Sporting Centre - Management Options

HPERM Ref: D17/283806

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Purpose / Summary

To re-present to Council options for the management and operation of the Shoalhaven Indoor Sports Centre following the Councillor briefing on Thursday 14 September 2017, and seek direction on the way forward for the governance of the facility.

Recommendation (Item to be determined under delegated authority)

That Council

1. Prepare a Request for Tender for the management and operation of the Shoalhaven Indoor Sports Centre through a Management Agreement,

2. Publically advertise the Request for Tender for interested parties to prepare a submission,

3. Submit a further report to Council on the outcome of the Request for Tender process

Options

1. Prepare a Request for Tender (RFT) for the management and operation of the Shoalhaven Indoor Sports Centre through a Management Agreement

Implications: Request for Tender documentation, including Service Specification, Standards, Key Performance Indicators and maintenance and life cycle accountabilities, and draft Contract would be prepared and publicly advertised, offering an open and transparent process to appoint the service provider.

Council staff will be required to prepare the Request for Tender documentation and oversight the Tender process, which will impact and necessitate revisions to existing work programs.

Council is eligible to submit an in-house bid.

2. Council determine to manage and operate the Shoalhaven Indoor Sports Centre in-house

Implications: This would negate the need for a Request for Tender process, Council would have direct control of the centre and ensure equity of access to a broad range of users and offer office space and block booking of space for selected key stakeholder groups such as the Shoalhaven Basketball Association.

Note: other Options including the lease/license of facility or the Section 355 Management committee were not supported at the councillor briefing.

Background

At the Strategy and Assets Committee on 15 August 2017, MIN17.700 was adopted regarding management options for the Shoalhaven Indoor Sports Centre:

Resolved that:

1. The matter be deferred pending a Clr Briefing addressing:

a. Management options (Contract/Lease/Licence/Section 355 Committees/Council operated)

b. Relationship if any with other components of the overall complex – opportunity for integrated management

c. Consultation with Key Users/Stakeholders in the preparation of tender documentation relating to the management of the SISC

2. The matter be brought back to the next available Strategy & Assets Committee or Council

A Councillor Briefing was held on Thursday 14 September 2017. At the Briefing parts (1a), (1b) and (1c) were covered. In response to part (1a), four (4) potential management models were presented:

· Option 1 – Call for Expressions of Interest (EOI) for the management and operation of the Shoalhaven Indoor Sports Centre through a lease or a licence,

· Option 2 – Call a Request for Tender for the management and operation of the Shoalhaven Indoor Sports Centre through a management contract agreement,

· Option 3 – Establish a Section 355 Management Committee for the management and operation of the Shoalhaven Indoor Sports Centre,

· Option 4 – Council Operate the Shoalhaven Indoor Sports Centre in-house.

In accordance with Part (2), this matter is now re-submitted to Council to seek direction on the way forward for the governance of the facility. Given the complexity and multi-stage approach of the EOI process in Option 1 this has been removed, and, given the size and scale of volunteer support that would be required to deliver services associated with the management and operation of the facility, management through the establishment of a Section 355 Management Committee Option 3 has been removed.

The existing indoor sports centre, which consists of two (2) indoor courts, was constructed on the site in the early 1960’s. This impetus was through the endeavours of the Shoalhaven Sporting Association and the Recreation Reserve Development Committee, and the stadium opened in 1965. The Shoalhaven Basketball Association currently manages the facility.

Given the design, scope and scale of the modern multi-purpose four (4) court facility, which includes a crèche, café and a multi-purpose mezzanine space, this new centre has potential to attract a broad range of new user groups and recreational users, in addition to the existing users, which are primarily basketball focussed. Community expectation regarding public access to the centre and professional management will necessitate considering a change in operating model.

Council will recall the recent visit to Menai Sports Centre in March 2017. This indoor facility, which has a similar mix of facilities and of comparable size to the Shoalhaven centre being constructed. It is owned and operated by Sutherland Shire Council and offers a diverse range of programs throughout the day, along with hosting formal sports competitions, leagues, training sessions and events for a variety of sports organisations who are based at the centre.

Further, Council at its meeting on 27 October 2015 adopted MIN15.651 part (f) pertaining to the Fit-Out of the facility:

(f) ‘Receive a further report on post construction Fit-Out items (if required) once management and operation of the facility is determined’.

Hence, direction on the future model for the management and delivery of the Centre is required as this impacts on the facility Fit-Out and transition to soft opening. A report on Fit-Out requirements was presented to the Strategy and Assets Meeting on Tuesday 19 September 2017.

Council has previously received representations from prospective operators of the facility and Councillors have been invited to briefings.

There are a number of options open to Council in determining how this facility could be operated and managed; however, in making a decision, Council should also consider that the indoor sports centre is one of a number of future facilities that will form the Shoalhaven Community and Recreational Precinct.

It is proposed that Council should have responsibility for the overall governance and management of the precinct; however, there are a number of management options and models for individual facilities that form parts of the overall precinct.

For example, where there are single use facilities, such as the croquet courts, it is proposed to manage these through lease arrangements. Bookings for the sports grounds would continue to be managed by Council through seasonal hire agreements, licences and permits. Bomaderry Aquatic Centre and the future Pavilion, which will include a range of aquatic facilities and services, would continue to be managed by Council. Third party agreements for use and / or occupation of aspects of the Pavilion will be managed through either lease, licence or hire agreements/ permits as appropriate.

Management Options

The following Options remain for the management and operation of the Shoalhaven Indoor Sports Centre:

· Option 2 – Call a Request for Tender for the management and operation of the Shoalhaven Indoor Sports Centre through a management contract agreement,

· Option 4 – Council Operate the Shoalhaven Indoor Sports Centre in-house.

The new facility is on Community Land – Sportsground and has a Generic Plan of Management – Sportsground and there is also an Artie Smith Master Plan 2013 for the site.

The core objectives for land categorised as sportsground, as prescribed under section 36 of the Local Government Act 1993 are:

(a) to encourage, promote and facilitate recreational pursuits in the community

involving organised and informal sporting activities and games, and

(b) to ensure that such activities are managed having regard to any adverse impact

on nearby residences.

Neither the Plan of Management nor the masterplan outlines specific management models but the master plan notes that Council should apply benchmark standards and practices in asset delivery, operation and management.

Work Plan and Resource Implications

Should Council determine to call for either a RFT Council staff will be required to prepare the documentation and manage the respective processes.

Staff from the Recreation, Community and Culture and Business and Property Sections in conjunction with respective industry specialists (where required) and legal advisors will form the Evaluation Team.

Dependant on the way forward a review of current work priorities may need to be undertaken.

Options for the Management and Operation of the Shoalhaven Indoor Sports Centre

The following models and management framework are presented for consideration

Option 2 – Call a Request for Tender for the management and operation of the Shoalhaven Indoor Sports Centre through a management contract agreement,

This would require the development of a Management Contract and Agreement, including a specification with service standards, key performance indicators and maintenance and life cycle accountabilities. The duration of the contract and any potential extensions, also need to be agreed.

This method would provide an open and transparent process to appointing an operator; it would comply with the Local Government Act 1993 (LGA), Local Government Regulations and Local Government Tendering Guidelines.

Staff in the Recreation, Community and Culture, and Business and Property Sections would be required to develop the documentation and manage these processes. Council would also need to identify a resource to have oversight of the Management Contract to a third party operator for the duration of the agreement. This is to ensure they are meeting the specification, service standards and key performance indicators and be a liaison between Council and the operator in satisfying their contractual responsibilities.

This approach enables interested third parties to submit a tender through a publicly advertised Request for Tender process. This process permits Council to prepare and submit an ‘in-house’ bid.

This approach may attract both not-for-profit and commercial operators to make submissions. The requirement to deliver services in accordance with a specification with service standards should assist in ensuring equity of access and reducing the likelihood of favouring one sporting code or user group over another having prime use of the venue.

However, with a third party operator, there is the potential to focus on income generating programs and services to the detriment of programs based on social inclusivity, and to save money through reduced customer service and asset maintenance.

Previous experience with external operators managing Council aquatic and recreation facilities has also shown a deterioration in asset condition with these not being maintained to a satisfactory standard. This has resulted in Council injecting substantial funds to rectify building maintenance items at the cessation of management contracts.

If the operator is not a Shoalhaven based entity, monies generated through the operation of the facility may flow out of the region.

Option 4 – Council Operate the Shoalhaven Indoor Sports Centre in-house.

Council can determine to operate the facility through the engagement of Council staff who would directly manage this facility in-house. This could become part of the Swim and Fitness portfolio without the need to put out to a public request for tender or expression of interest.

Council has a proven track record and considerable expertise in the management and delivery of services across a broad range of service areas. There is staff expertise and skills within the existing Swim and Fitness Unit to manage and operate the Shoalhaven Indoor Sports Centre and provide Council will both the confidence and assurance that customer service and asset management will be a high priority to ensure the growth of the facility operations and the longevity of the asset for the community.

This would optimise the use of the facility as a multi-purpose indoor facility. Providing greater equity and access to a wide range of user groups. It would provide for the development of a range of public programs to build casual and regular usage, and offer targeted programs to vulnerable, at risk and marginalised groups under Councils community service obligations that may not otherwise be offered.

This option also provides Council with greater control and oversight, with flexibility to accommodate requests that may benefit the broader community interest such as events, supporting emerging sports or offering services to targeted groups or organisations.

Council is well placed to continue working collaboratively with the existing stakeholder groups. The design of the facility would allow office space to be provided to key stakeholder groups such as the Shoalhaven Basketball Association. In-house management would also be supportive of establishing partnerships with a range of other potential user groups and service organisations to enable them to have access to the facility as well as developing a range of public programs to build casual use.

The Tamworth Dome Sports Centre is managed by Tamworth Regional Council, they have entered into agreements with both the Basketball Association and Netball Association for them to have office space in the facility, and to block book courts for use by their association.

This Option would also enable a seamless transition to a management structure covering the whole of the proposed Shoalhaven community and Recreational Precinct in the future.

The option also ensures a smooth transition from construction, Practical Completion, issuing of Construction Certificate through to Commissioning Hand Over Training & Operation (CHOTO) Fit-Out and soft opening.

Community Engagement

Should Council determine to proceed with a Request for Tender for the management and operation of the Shoalhaven Indoor Sports Centre, this will be publicly advertised with submissions being made via Tenderlink.

A RFT will offer opportunities for commercial entities, not for profit organisations and an in-house team to submit a tender and enable these to be assessed and evaluated against the criteria articulated in the RFT in an open, objective and transparent process.

Should Council determine to proceed with an RFT, a stakeholder workshop could be held prior to the development of the tender documentation to enable the stakeholder group to contribute. Council would need to ensure that any potential for conflicts of interest were managed in accordance with its Procurement framework and Probity Plans.

As part of the RFT a pre-tender meeting could be scheduled – this has occurred in previous RFT and provides an opportunity for prospective tenderers to ask questions and seek clarification on the RFT prior to committing and submitting a tender.

Financial Implications

Costs associated with development of any RFT process, advertising and review of submissions will be funded from within existing budgets.

Staff resources and work plans within the Recreation, Community and Culture, and Business and Property Units would be reviewed and re-prioritised. This would allow staff time to be dedicated to the development of the required documentation and management of the process in accordance with Council’s procurement policy and procedures.

Any funding requirements for the management and operation of the Shoalhaven indoor Sports Centre arising from the outcome of these processes would be reported to Council along with recommendations arising from and RFT process.

Council staff have undertaken some benchmarking with comparable indoor sports facilities in regional areas. Centre financial performance is linked to a number of variables, which include:

· Size of facility,

· Complexity of facility such as specialist flooring, heating, ventilation and air conditioning systems

· Facility mix – number of courts, crèche, café, meeting & multi-use spaces etc., whether the facilities form part of a larger complex – e.g. with outdoor courts and sports fields or linked with an indoor leisure centre including pools and gyms,

· Number of days of operations, and length of opening hours,

· Visitation,

· Pricing methodology for fees and charges, appetite to apply user pays principles and consideration for community service obligations,

· Overheads – such as electricity, water, insurance, maintenance, security, telephone charges etc.,

Some aspects of the centre will be under a 12-month defect liability period or a 12-month warranty period, some of servicing costs may be covered, hence it will be difficult to establish some maintenance and operating costs in the initial period of operation. Similarly, electricity charges will be based on usage and will be difficult to forecast in the initial start-up period. Staff costs will be dependent on the number of days of operation, the length of opening hours and the types of bookings, events and programs offered.

Review of available information indicates a subsidy of between $40,000 and $60,000 per court per annum is required for an established / mature operation. This assumes that all four (4) would be available for use, however at the Shoalhaven Indoor Sports Centre the show court would not be routinely available for casual bookings and may therefore impact on this estimate.

Until the centre has been fully operational for a period of 2 – 3 years it is difficult to forecast the level of subsidy with some certainty, hence a potential subsidy of between $200,000 - $300,000 should be anticipated. Once a pattern of use and operation is established this information can be used to develop the business potential further and forecast budget performance more accurately.

Risk Implications

Transition Period – Practical Completion – Commissioning Hand Over Training & Operation (CHOTO) – Opening

Option 2 may lead to an extended transition period from building Practical Completion to operation. This transition will need to be carefully managed to ensure there are no undue delays in opening the venue.

Defect Liability Period, Warranties and Fit-Out Timeline

Once Practical Completion is achieved, a 12-month Defect Liability period commences. It is essential that the Project Manager and building contractor are kept formally informed of defects and performance issues with the building. There is the risk that with an external operator these will not be communicated expediently enabling them to be rectified which may have a longer-term effect on the building.

Similar a number of plant and equipment items will be under a 12-month warranty and servicing period and it is essential that an external operator has in place a scheduled planned and preventive maintenance program to ensure warranties on plant and equipment are not compromised.

Compliance

The Council may not achieve Practical Completion status in terms of compliance. For example, the Food Premises Policy in relation to kitchen fit-out may not be issued until this area is complete. This may be subject to the operator funding the fit-out of these areas prior to operations; however, this will not be aligned to Practical Completion and may delay the issuing of an Occupation Certificate.

Accessibility

With such a substantial investment from Council into the project, the community will be expecting a shared use of the facility and equal access to the benefits it will provide. An external operations model may result in disappointment among community members where access is either not attainable and / or affordable as access will be at the discretion of the external operator. This will need to be considered in any Management Agreement. The requirement to ensure higher levels of community access will result in higher operational costs.

Management Experience

Appointing an appropriately experienced operator with the capability and proven track record in managing facilities will maximise the potential of the centre and minimise Council’s financial risks, comply with legislative requirements, particularly related to WHS, Award provisions and Industrial requirements.

Financial Risk

By putting the management and operation of the centre out to the market, Council is able to evaluate submissions, and any management fee implications for Council.

Ordinary Meeting – Tuesday 26 September 2017

Page 110

CL17.263 Section 355 Management Committees

HPERM Ref: D17/286229

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Purpose / Summary

To confirm Council’s Section 355 Management Committee’s delegated responsibility and their authority to expend up to an amount of $5,000.

To inform Council of the proposal to transition to occupancy agreements for the Former Pyree School, and Milton Pony Club, and Council management for the Cudmirrah Berrara Community Hall and Tennis Courts.

Recommendation

That:

1. The Section 355 Management Committees listed in this report, retain their delegated responsibility pursuant to Section 377 – LG Act for the care control and management of their facilities with authority to expend up to an amount of $5,000 consistent with the delegation; and

2. The authorisation to the General Manager to appoint members as required be confirmed.

3. The following Section 355 Management Committee be renewed, however discussions commence to transition this Committee to an occupancy agreement within 2 years:

a. Former Pyree School (Family History Society & pottery shed),

b. The management and operation of the facility transition to an occupancy agreement.

4. The following Section 355 Management Committee be acknowledged to have dissolved:

a. Milton Pony Club grounds,

b. The management and operation of the facility transition to an occupancy agreement.

5. The following Section 355 Management Committee be acknowledged to have dissolved and management of the facility has reverted to Council.

a. Cudmirrah Berrara Community Hall & Tennis Courts.

Options

1. As recommended.

Implications: Will result in improved management of Council’s community facilities as the more appropriate model of management is applied to the different types of facility.

2. Council change the delegated responsibility for the care control and management of its facilities with authority to expend up to a different amount consistent with the delegation.

Implications: Increasing the amount will increase the risk of inappropriate expenditure of funds by the Management Committee. Decreasing the amount will restrict the ability of the Management Committee to manage the finances without ongoing input from Council’s officers.

3. Council determine to not accept the recommendation and provide alternative direction

Implications: This could affect the efficient running of Council’s public facilities.

Background

Council has previously delegated responsibility for the care, control and management of the facilities operated by Management Committees on behalf of Council, with authority to expend up to an amount of $5,000, to the Management Committees listed below. The delegation allows community groups to take greater ownership and value add to Council facilities while at the same time reducing resource requirements from Council. This delegation is overseen by Council’s Management Committee Guidelines.

Council also previously confirmed the authorisation to the General Manager to appoint members as required. The authorisation reduces the operational workload for both Councillors and staff.

It is proposed that the following Section 355 Management Committees be retained.

Social & Infrastructure Planning Unit:

· Berry Showgrounds (Hazel & David Berry Parks)

· Bill Andriske Mollymook Oval

· Bomaderry Community Centre

· Burrill Lake Community Hall

· Callala Bay Community Centre

· Callala Bay Progress Hall

· Callala Beach Community Centre

· Culburra Beach Community Centre

· Culburra Tennis Courts

· Currarong Tennis Courts

· Frogs Holla Sporting Complex

· Greenwell Point Memorial Community Hall

· Huskisson Community Centre

· Huskisson Tennis Courts

· Kangaroo Valley Showground (Osborne Park)

· Kioloa-Bawley Point Community Centre

· Milton Showground

· North Nowra Community Centre

· Shoalhaven Heads Community Centre

· Shoalhaven Heads Tennis Courts

· Shoalhaven Rugby Park

· St Georges Basin Community Centre

· Sussex Inlet Thompson Street Community Facilities

· Vic Zealand Oval

· Wandandian Recreation Reserve

· Worrigee Equestrian Common

· Yulunga Reserve

Shoalhaven Libraries Unit:

· Friends of Milton Library

Assets Unit:

· Huskisson Wharves

· Ulladulla Slipway

It is proposed that the following existing Management Committees are not to be renewed in the future. These facilities operate primarily as a single use and the occupying organisations do not function as 355 Management Committees, or report in accordance with the Management Committee Guidelines. Instead, they operate as independent organisations, not open for general community use. These facilities should be managed consistently by Council with lease agreements across the Shoalhaven.

It is therefore proposed to transition them to an occupancy agreement within 2 years for the following reasons:

Management Committee

Reason

Former Pyree School (Family History Society & pottery shed)

This facility is comprised of two old schoolhouses in the block of land adjacent to the Pyree Hall (which is privately owned). Each building is occupied by a single user group: Pyree Pottery Group and Family History Society. The groups both have a large amount of specialised equipment stored in the buildings, which constitute a WHS hazard for unsupervised members of the public, and prohibit use of the facilities for anything other than the resident user-groups’ current use.
For these reasons both buildings should be transitioned to an occupancy agreement, legitimising exclusive use of the facilities and addressing WHS concerns.

The Committee has identified that all current members intend to resign at the AGM on 12/09/2017. No expressions of interest have so far been received in assuming the Executive Positions on the committee. Hence, little resistance is anticipated in moving to a building occupancy agreement for the use of the site.

It is recommended that the site be transitioned to two occupancy agreements with Council.

Transitional arrangements for the above committee

Subject to Council adopting the above resolution, Council staff will commence more formal discussions with the above Committee. The transitional period of 2 years recognises that available Council staffing resources are limited and this is an achievable time frame to undertake this.

Should the Former Pyree School Hall Management Committee disband, Council staff will proceed to transition to occupancy agreements by direct liaison with user groups.

Disbanded Management Committees

All members of these 355 Management Committees have resigned and there is no interest from user groups in taking up executive positions. Recommendations are explained below:

Management Committee

Reason

Milton Pony Club

All members of the Milton Pony Club Management Committee have resigned their positions and there is no interest from user groups in taking up executive positions.

The site previously provided for 2 user groups: The Milton Pony Club and the Mollymook Pony Club. The
Mollymook Pony Club has not used the site for five months, having only one member, and uses private property for recreation. The Club has not been active on the Management Committee for a few years. The chairperson of the club has indicated to the Milton Pony Club that he would direct any future interested parties to them.

This facility now being used by only one community group who are happy to maintain and manage the site, as they have been doing for two/three years now. It is recommended that the site be transitioned to an occupancy agreement with Council.

Cudmirrah Berrara Community Hall & Tennis Courts

All members of the Cudmirrah Berrara Community Hall & Tennis Courts Management Committee have resigned their positions and there is no interest from user groups in taking up executive positions.

The hall currently has only two regular user groups. 1. The Rural Fire Service uses the hall once/month - the outgoing committee has advised this group is likely to disband at their next meeting. 2. A craft group meets for 2 hours/fortnight.
The keys for the hall are being kept at the SCC Tourist Park in Cudmirrah, and bookings can currently be made through the Social & Infrastructure Planning Unit.

The tennis court has an unsafe, uneven playing surface. Due to low usage, resurfacing is not recommended, and the court has been closed for approximately 6 months, pending feedback from the community. No feedback has been received.

Community Engagement

Council supports the Management Committee volunteers with advice, in kind assistance and budget provisions where appropriate.

Volunteerism is a delivery method encouraged and supported by Council.

Though providing the above information, Council staff have been in ongoing discussions with the above Committees.

Subject to Council adopting the above resolution, further discussion will occur with the Committees identified for transition to an occupancy agreement.

Should an occupancy agreement be the agreed outcome, this will involve a further process of entering into leases / licences, which will likely require public advertising and / or community engagement.

Financial Implications

Having community based Management Committees take responsibility for the care, control and management of local facilities is an extremely cost effective delivery method.

Currently user groups at the two sites recommended to transition to occupancy agreements pay hire fees relative to each facility. Should a lease / licence be determined as the most appropriate occupancy agreement from the above discussion, this will involve implementing appropriate fees as per Council’s adopted Fees & Charges for the issuing of a lease or licence.

Ordinary Meeting – Tuesday 26 September 2017

Page 117

CL17.265 2017 Local Government NSW Annual Conference - Motions

HPERM Ref: D17/304815

Group: Finance Corporate & Community Services Group

Section: Human Resources, Governance & Customer Service

Purpose / Summary

For the Council to consider the proposed Motions for submission to the 2017 Local Government NSW Annual Conference to be held at the Hyatt Regency Sydney from 4 to 6 December 2017.

Recommendation

That Council consider the Motions, as printed in the report and, if accepted, the Motions be submitted to Local Government NSW for inclusion in the Conference Agenda.

Options

1. As per the recommendation.

Implications: none

2. That Council not accept the motions as outlined in the report and propose alternatives.

Implications: The Council is required to approve Motions by resolution, so the complete wording of the motions will need to be provided and agreed prior to the submission date of 9 October 2017.

Background

Local Government NSW (LG NSW) has called for the submission of Motions, and Councils are encouraged to formulate motions submitted in terms of the current policy statements.

LG NSW has requested that Councils submit motions by Monday 9 October 2017 to allow printing and distribution of the Business Paper before the Conference. In line with the LG NSW rules, the latest date motions can be accepted for inclusion in the Conference Business Paper is 12 midnight on Monday 6 November 2017. All motions must be adopted by Council before submission.

The following motions were proposed at the Councillor briefing held on 14 September 2017:

MOTION 1 : Water and Sewer Pensioner Rebates

That the State Government review the difference between pensioner rebates for water and sewer services in regional NSW compared to Sydney Water to ensure greater fairness across the state.

Background:

There has been a long history of inequities of pensioner rebates for water and sewer between customers of Sydney Water and those of other service providers in regional NSW.

The Council Rebate for water and sewer is a fixed concession for eligible pensioners jointly funded by the NSW State Government and Local Councils. The rebate that a pensioner residing in a regional area not serviced by Sydney Water or Hunter Water is based on the following as contained within the Local Government Act:

· 50% of a water charge up to a maximum $87.50 concession

· 50% of a sewerage charge up to a maximum $87.50 concession

Therefore, an eligible pensioner in these areas can receive a maximum of $175 off their total water and sewer charges. These maximum available concessions have been in place for many years, without any adjustments. Therefore, as water and sewerage bills have increased in real terms over time, pensioner rebates decline in value relative to the total water and sewerage bills.

Councils contribute 45% of these concession costs, through lost income to the water and sewer funds. The pensioner rebates for eligible Sydney Water customers are calculated in a different way, and are far greater. Those rebates are 100% of the water access charge and 80% of the sewer access charge. This equates to $568.74 for the 2017/18 financial year (i.e. $393.74 more per annum than equivalent pensioners in regional areas do). These pensioner rebates for Sydney Water are fully funded by the State government - they are fully recovered from NSW Treasury as a Community Service Obligation.

MOTION 2: Sustainability of buildings

That the State Government be called upon to strengthen the implementation of the requirements of BASIX with regards to the application of the Thermal Comfort Index to sustainable buildings . In addition to addressing these issues in private development, the government should focus on ensuring that retrofitting and maintenance of NSW Housing stock is to BASIX standards.

Background:

Increasing reliance on air-conditioning to improve summertime comfort in dwellings results in higher energy bills, peak electricity demand and environmental issues. In pursuit of social equity, society needs to develop ways of improving cooling that are less reliant on air-conditioning. Designing homes to emphasise adaptive thermal comfort can reduce this reliance, particularly when combined with improved dwelling thermal performance. The current targets are in line with national sustainable building standards and recognise current industry best practice. Proposed targets will encourage building professionals to adopt more sustainable technologies and improve design. The targets may also increase demand for business that offer sustainable building products and services. The difficulty in applying BASIX is that it applies to new works. There needs to be consideration given to updating older housing stock that did not benefit from the application of BASIX.

MOTION 3: Definition of Physical Commencement - Environmental Planning and Assessment Act, 1979

That the Minister reconsider the definition of Physical Commencement; with a view to ensuring that development consents are secured by substantial physical commencement of development.

Background:

"A development consent is a valuable asset. It is a statutory permission that authorises the carrying out of development on land, mostly for economic gain... It adds value to the land. Hence the prospect of a consent lapsing is apt to engender dismay in the holder of the consent." CJ Preston in para 1 Kinder Investments Pty Ltd v Sydney City Council [2005] NSWLEC 737

A leading case involving "physical commencement" is: Richard & Ors v Shoalhaven City Council [2002] NSW LEC 11, which related to a consent for subdivision of land. The question determined in this case was whether the survey work carried out was an essential part of the engineering work required for the approved subdivision. The Judge found that "the taking of levels, placing pegs, the removal of vegetation and the establishment of marks, including the centre point of a road" were "part of the engineering work required for the establishment and construction of the subdivision". As that survey work had taken place before the lapsing date, the consent had not lapsed.

What this means is that consents can be valid in theory, indefinitely. Over the passage of time, circumstances change and it may not be desirable to have some of these older consents acted upon. By way of example, the character of an area may have changed, environmental constraints and considerations altered and so on. With respect to the motion 2, this could also mean that new technologies or energy targets for development cannot be achieved which are commensurate with modern expectations or standards.

MOTION 4: Waste Levy Boundaries

That the State Government review the regulated boundary for the Waste levy, including reassessment of which Local Government Areas are classified as ‘regional’ or ‘metropolitan’. The assessment needs to consider factors such as distance to recycling processors, quantum of waste produced in the LGA and affordability (level of socio economic disadvantage in the community).

Background:

The intent of the levy “to encourage recycling and divert waste away from landfill” should be applauded. However, the practical application is inconsistent with some regional Council’s regarded as ‘metropolitan’ and paying the highest rate of the levy. Regional areas are challenged by the relatively higher cost of hauling recyclable materials to the downstream processors, which are typically in Sydney. Communities in many regional areas are at a socio economic disadvantage compared to city areas, having less capacity to pay.

In addition, only a small percentage of the levy is returned to Council’s as grants for waste minimisation activities and projects.

MOTION 5: Ban on single use plastic bags

That LGNSW calls upon the NSW Minister for the Environment, Gabrielle Upton MP act on banning the use of single - use plastic bags in NSW. Further, that the ban include all identified ‘biodegradable and degradable’ bags up to 70 microns.

Background:

Plastic Bag bans already exist in South Australia, Tasmania, the Northern Territory and the Australian Capital Territory.

Plastic bags are one of the more deadly and unsightly rubbish items in our environment.. Single use plastic bags are made from fossil fuels, they are energy intensive to produce, and one bag is used for an average of 12 minutes but persists in the environment for over 1,000 years. It is lightweight, thus easily blown around or carried around in water, causing a variety of problems for the natural environment. A Clean Up Australia Day report estimates that over 10 million single use plastic bags are used in Australia every single day.

Our communities have led the way in their attempts to ban these plastic bags locally, however, without state legislation community efforts are piecemeal. LGNSW should join with Clean Up Australia and a large coalition of environmental and concerned citizens with a view to bringing into place legislative change in NSW banning single use plastic bags.

Ordinary Meeting – Tuesday 26 September 2017

Page 128

CL17.269 Rezoning Request - Parma Yerriyong Community Association Inc.

HPERM Ref: D17/291664

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Rezoning Request - Parma Yerriyong Community Assoc. Inc. ⇩

Purpose / Summary

To present a request received from the Parma Yerriyong Community Association Inc. that requests the rezoning of land in the Yerriyong area to E2 Environmental Conservation under Shoalhaven Local Environmental Plan (LEP) 2014.

Recommendation

That Council decide which of the four options outlined in the report they wish to pursue in regard to the request received from the Parma Yerriyong Community Association Inc. to rezone land in the Yerriyong area to E2 Environmental Conservation.

Options

1. No change - Receive the report for information and retain the existing zoning and planning provisions outlined in Shoalhaven LEP2014

Implications: This would see the existing planning provisions that apply over the land retained. It would also potentially enable a future proposal for a motor sports facility to be considered within the provisions of existing legislation.

2. Pursue a rezoning of the subject land, subject to landowner agreement, to E2 Environmental Conservation and retain the existing Schedule 1 provision that applies over part of the subject land.

Implications: This would see the larger area covered by the request rezoned to E2, but still enable the specific development of a motor sports facility to be considered in the area covered by the current Schedule 1 provision and occupied by the existing motorcycle facility.

3. Pursue a rezoning of the subject land, subject to landowner agreement, to E2 Environmental Conservation and also remove the existing Schedule 1 provision that applies over part of the subject land.

Implications: This would see the requested area rezoned to E2 and also the specific Schedule 1 provision for a motor sports facility that applies over part of the area removed. This would effectively prohibit any future proposal for a motor sports facility under the LEP.

4. Before making any decision commence initial consultation with the NSW Government (as landowners to see whether they support a rezoning), the relevant Aboriginal Land Council (who may have an interest in the land) and the Department of Defence (given the nature of the existing zoning).

Implications: This will establish the views of other key stakeholders before council makes a definitive decision.

Background

Rezoning Submission Overview

Representatives of the Parma Yerriyong Community Association Inc. met with the Mayor and General Manager in late August 2017. At this meeting, they presented a submission (copy provided as Attachment 1) that requests that an area of land at Yerriyong be rezoned to E2 Environmental Conservation under Shoalhaven LEP2014. The area of land in question is shown in a ‘blue’ outline on the map that is part of their submission.

The request appears to cover all or substantially all of the four (4) parcels of Crown Land that are located off Braidwood Road at Yerriyong.

The parcels and their current zoning under Shoalhaven LEP2014 are noted below:

Property: Current zoning:

Lot 3 DP1029731 RU2 Rural Landscape

Lots 7308 & 7309 DP1148878 RU2 Rural Landscape & SP2 Infrastructure (airfield proposes)

Lot 7313 DP1148878 RU2 Rural Landscape

The submission comments on the zoning decisions made during the preparation of the Shoalhaven LEP2014, suggests that the biodiversity significance of the land was not given due consideration, quotes from relevant NSW State Government/NSW Office of Environment & Heritage (OEH) documents and highlights the findings of flora and fauna assessments undertaken between 2014 and 2016.

The submission concludes by recommending that given the acknowledged high conservation value of the area that resulted in the proposed motorsports development not proceeding, that the Crown Land in question be rezoned E2 to ensure its ongoing conservation and ensure they are not threatened by future developments.

Comments

The submission questions the appropriateness of the zoning of the broader area and appears to be related to the development application (RA14/1000) for a motor sports facility that was proposed to be located on part of the subject lands. This application was withdrawn by the applicant (Motorcycling NSW) in May 2017.

The withdrawal of the application followed its initial consideration by the Joint Regional Planning Panel (JRPP) and issues that required further consideration. This included the presence of a threatened orchid on the site - Cryptostylis hunteriana. At the time of the withdrawal this orchid was listed as Vulnerable under both the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and the then NSW Threatened Species Conservation Act 1995 (TSC Act).

It is noted that in regard to the current zoning of the subject land, that it does essentially reflect a “best fit” transfer from the previous Shoalhaven LEP1985.

Under Shoalhaven LEP1985, the subject land was zoned Rural 1(d) and Special Uses 5(a)(public and airfield purposes). It was also identified as “land of ecological sensitivity” and was affected by the “airport buffer” associated with HMAS Albatross. The zoning of the area under the Shoalhaven LEP1985 is shown on the following map:

Extract – Shoalhaven LEP1985

Under the current Shoalhaven LEP2014, the subject land is zoned RU2 General Rural and SP2 Infrastructure (airfield purposes). It is also identified on the following maps that form part of the LEP - “terrestrial biodiversity” map as “biodiversity-significant vegetation” and Biodiversity-habitat corridor” and “buffers” map also partially affected by the “HMAS Albatross Buffer” The zoning of the area under the Shoalhaven LEP2014 is shown on the following map:

Extract – Shoalhaven LEP2014 Zoning Map

Thus, the actual zoning of the subject land is consistent with the “best fit” transfer approach, which was the basis for much of the current LEP. It is also noted that the conservation value of the land was recognised through the current LEP given that it is identified on the “terrestrial biodiversity” map as significant vegetation and habitat corridor. This mapping was informed by the mapping associated with the former South Coast Regional Strategy.

The SP2 zoning in this location provides an opportunity for uses or activities associated with the airfield, acknowledging the attributes of the area – adjacent to a gas pipeline, main road access, within a noise buffer and relatively isolated.

It is acknowledged that during the preparation and finalisation of the current LEP that Council did specifically include a provision in Schedule 1 – Additional Permitted Uses in the LEP that reads as follows:

16 Use of certain land at Braidwood Road and Yerriyong Road, Yerriyong

(1) This clause applies to the land identified as “Sch 1.16” on the Clauses Map, being Lot 7309, DP 1148878, Braidwood Road, Yerriyong, and Lot 7308, DP 1147573 that is in Zone SP2 Infrastructure at Yerriyong Road, Yerriyong.

(2) Development for the purpose of recreation facilities (major), being a motor sports facility, is permitted with development consent.

This provision applies to the area of land coloured green (southern one) and notated ‘Sch 1.16’ on the following map:

Extract Shoalhaven LEP2014 – Clauses Map

This provision was included to provide the opportunity for a potential motor sports facility to be considered in this location, with development consent.

It is noted that the NSW Government’s new Biodiversity Conservation Act 2016 recently commenced on 25 August 2017. This is relevant in this regard given that this Act replaces the previous NSW TSC Act under which, particularly, the Cryptostylis hunteriana orchid, which is known to exist on the site, was listed as vulnerable. This new Act changes the biodiversity conservation framework markedly and as such, its impact on this site and the species that are present still requires detailed consideration.

Outside of the more major reviews of the LEP, the rezoning of land is normally initiated via the submission of a proponent Planning Proposal (PP). These require landowner consent. In this case, if Council wishes to pursue a change to the zoning of this land then contact should be made with the NSW Government to see whether they agree given that subject land is currently in the ownership of the Crown. Most of the land in question is also subject to Aboriginal Land Claims (ALC’s). The status of these claims would need to be checked and consultation may also be required with the relevant Aboriginal Land Council if a rezoning is to be considered.

Similarly, consultation would also most likely be required with the Department of Defence, this is common practice where special purpose zones (SP2) exist and there is a proposal to change the zoning. In this case, the specific notation related to the zone is ‘airfield purposes’. As such, advice would be sought on whether the identified use was still relevant and whether it was surplus to requirements and as such can be rezoned.

Conclusion

Council can if it wishes consider a rezoning of the subject land and there are a number of options in this regard. These are detailed earlier in the report.

However, it is proposed to pursue a rezoning, at a minimum, early consultation should be undertaken with the NSW Government (as landowners to see whether they agree), the relevant Aboriginal Land Council (who may have an interest in the land) and the Department of Defence (given the nature of the existing zoning).

Community Engagement

If Council decides to pursue a rezoning of the subject land to E2 consistent with the request then community engagement will be undertaken as required by the PP process and specified in any Gateway determination, which will need to be issued by the NSW Department of Planning & Environment at the commencement of the process.

Policy Implications

If Council decides to pursue a rezoning of the subject land the priority that this project is given under the adopted Strategic Planning Works Program should also be considered.

Financial Implications

There are no direct financial implications at present.

Ordinary Meeting – Tuesday 26 September 2017

Page 138

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.

Meetings per year – One (1) & others as required Commencement time – 4.00pm	Quorum – Three (3) – One (1) Councillor and Two (2) Community Members
	Terms of Reference: Nil
Purpose · Examine options for pursuing a partial or complete opening of Shoalhaven Heads · Review Councils current Entrance and Estuary Management Plans for Shoalhaven Heads · Report directly to Council
Delegation – NIL
Chairperson – Appointed by the Committee
2016-2017 Councillor/Staff Membership Ward 1 Councillors: Clr Guile (Chairperson) Clr Wells Clr Cheyne Clr Alldrick
Community Representatives State Member – Gareth Ward MP (Nominee – Paul Ell); Barry/Brian Allen; Gerald Groom; Phil Guy; Mike James; David Lamb; Craig Peters; Graeme Philpott; Stephen Short; Bob Williamson; Jessica Zealand, 1 vacant position Organisational Representatives Robyn Flack – Shoalhaven Heads Community Forum