Agenda of Strategy and Assets Committee

Minutes of the Strategy and Assets Committee

Meeting Date: Tuesday, 15 August 2017

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

Time: 5.04pm

The following members were present:

Clr Amanda Findley - Chairperson

Clr Joanna Gash – left during adjournment 7.58pm

Clr John Wells

Clr Patricia White

Clr Kaye Gartner

Clr Nina Cheyne

Clr Annette Alldrick – arrived 5.06pm

Clr John Levett

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot

Mr Russ Pigg - General Manager

Apologies / Leave of Absence

Apologies were received from Clr Guile

Confirmation of the Minutes

RESOLVED (Clr White / Clr Cheyne) MIN17.687

That the Minutes of the Strategy and Assets Committee held on Tuesday 18 July 2017 be confirmed.

CARRIED

Declarations of Interest

Clr Pakes – SA17.198 – Waiving & Discounting of Fees for Open Space & Community Facilities – Less than significant non pecuniary interest declaration – will remain in the room and will take part in discussion or vote – he is the president of the Nowra-Culburra SLSC.

Mayoral Minutes

Note: Clr Alldrick arrived at the meeting at 5.06pm

MMS17.4 Mayoral Minute - Burrill Lake

HPERM Ref: D17/263506

Recommendation (Item to be determined under delegated authority)

That Council:

1. Write to the RMS outlining the outcomes of the community engagement process for the Burrill Lake bridge and include all submissions received by Council.

2. Within the Letter to RMS clearly outline that it is Council’s position that the bridge retains the name Burrill Lake Bridge.

3. Thank the community members and The Hon Shelly Hancock, Member for South Coast for their participation in the consultation process and for providing Council with a clear indication of the wishes of the community in relation to the name of the bridge.

RESOLVED (Clr Findley / Clr Proudfoot) MIN17.688

That Council:

1. Write to the RMS outlining the outcomes of the community engagement process for the Burrill Lake bridge and include all submissions received by Council.

2. Within the Letter to RMS clearly outline that it is Council’s position that the bridge retains the name Burrill Lake Bridge.

CARRIED

MMS17.5 Mayoral Minute - Waste Management & Cost to Residents & Business

HPERM Ref: D17/263536

Recommendation (Item to be determined under delegated authority)

That Council continue to make representations to the NSW State Government to:

1. Return more of the Waste Levy funds collected back to regions it was collected from; and

2. Have Shoalhaven City Council excluded from the levy collection or at the very least reduce the levy applicable in Shoalhaven to the same level as other regional areas such as the Blue Mountains.

RESOLVED (Clr Findley / Clr Proudfoot) MIN17.689

That Council continue to make representations to the NSW State Government to:

1. Return more of the Waste Levy funds collected back to regions it was collected from; and

2. Have Shoalhaven City Council excluded from the levy collection or at the very least reduce the levy applicable in Shoalhaven to the same level as other regional areas such as the Blue Mountains.

3. Remind the Government of the commitments made by NSW local members and the previous premier to return these funds to where they were taken from.

CARRIED

Procedural Motion - Bring Deputations Forward

RESOLVED (Clr White / Clr Gash) MIN17.690

That the Deputations be brought forward.

CARRIED

Deputations and Presentations

MMS17.6 – Mayoral Minute - The 355 Management Committee Proposal for Nowra Showground

Wendy Woodward addressed the Committee to speak for the recommendation.

SA17.196 – Notice of Motion - Jervis Bay Lions Park Proposal

Bob Hanlon –addressed the Committee to speak for the recommendation

SA17.198 - Waiving & Discounting of Fees for Open Space & Community Facilities 2016/2017

Bohdan Brumerskyj (Vice President of the Albatross Musical Theatre Company) – addressed the Committee to speak against the recommendation

SA17.217 – Crown Lands Negotiation

Bob Pullinger addressed the Committee to speak for the recommendation

SA17.223 – Policy Review - Compliance Policy POL16/223 – Compliance and Enforcement Policy

Alanna Baker-Bennett addressed the Committee to speak against the recommendation

MMS17.6 Mayoral Minute - The 355 Management Committee Proposal for Nowra Showground

HPERM Ref: D17/263892

Recommendation (Item to be determined under delegated authority)

That Council rescind the motion made to impose a 355 Management Committee for Nowra Showground.

RESOLVED (Clr Findley / Clr Gash) MIN17.691

That Council rescind the motion (MIN17.502) made to impose a 355 Management Committee for Nowra Showground.

CARRIED

Procedural Motion - Bring Item Forward

RESOLVED (Clr Pakes / Clr White) MIN17.692

That the following matters be brought forward for consideration:

SA17.196 – Notice of Motion - Jervis Bay Lions Park Proposal
SA17.198 – Waiving & Discounting of Fees for Open Space & Community Facilities 2016/2017
SA17.211 – June 2017 Quarterly Budget Review
SA17.217 – Crown Lands Negotiation Program
SA17.218 – Better Boating Now - Round Two Projects
SA17.221 – Policy review - Council Policy POL16/236 - Demolition & Renovation of Buildings Containing Asbestos
SA17.222 – Policy review - Council Policy POL16/251 - Swimming Pools - Barrier Inspection Policy
SA17.223 – Policy review - Council Policy POL16/233 - Compliance and Enforcement Policy
SA17.199 – Shoalhaven Indoor Sporting Centre - Management Options
SA17.210 – Review of Council Policies - Finance
SA17.219 – Relief for Homelessness in Shoalhaven - Temporary Housing Solutions as Pathways to Formalised Housing - Tiny Homes and Temporary Emergency Housing
SA17.220 – Endorsement for Exhibition - Draft Local Approvals Policy

CARRIED

Notices of Motion / Questions on Notice

SA17.196 Notice of Motion - Jervis Bay Lions Park Proposal

HPERM Ref: D17/255933

Recommendation (Item to be determined under delegated authority)

That

1. Council agree in principal to the renaming of the Park adjacent to the Jervis Bay Lions Club Rooms to Lions Park.

2. The General Manager liaise with the Lions Club Executive on the level of maintenance/upgrade of the Park to be undertaken by Jervis Bay Lions, and then report back to Council for final adoption of the proposal.

RESOLVED (Clr Watson / Clr Pakes) MIN17.693

That:

1. Council agree in principal to the renaming of the Park adjacent to the Jervis Bay Lions Club Rooms to Lions Park Erowal Bay.

2. The General Manager:

a. Liaise with the Lions Club Executive on the level of maintenance/upgrade of the Park to be undertaken by Jervis Bay Lions,

b. Advertise the proposal to rename the park for 21 days,

c. Then report back to Council for final adoption of the proposal.

CARRIED

SA17.198 Waiving & Discounting of Fees for Open Space & Community Facilities 2016/2017	HPERM Ref: D17/220265
Clr Pakes – Less than significant non pecuniary interest declaration – will remain in the room and will take part in discussion or vote – “he is the president of the Nowra-Culburra SLSC and the Club receives a waiver of fees for proficiency training.
Recommendation (Item to be determined under delegated authority) That Council note that a total of $118,426.61 of fees were waived or discounted during the period of 1 July 2016 to 30 June 2017 for the use of Council’s open space and community facilities.
RESOLVED (Clr Gash / Clr Findley) MIN17.694 That: 1. Council note that a total of $118,426.61 of fees were waived or discounted during the period of 1 July 2016 to 30 June 2017 for the use of Council’s open space and community facilities. 2. A report be provided to the Council on Councils subsidies in general in relation to open space and community facilities 3. This matter be included on the agenda for the Clr workshop on the Budget (31 August 2017) CARRIED

SA17.211 June 2017 Quarterly Budget Review

HPERM Ref: D17/258582

Recommendation

That Council

1. Receive and endorse the June Quarterly Budget Review Report and budget “Carry Forwards”;

2. Adopt the Revotes, as recommended in the June Quarterly Budget Review document

Recommendation (Clr Wells / Clr Gartner)

That Council:

1. Receive and endorse the June Quarterly Budget Review Report and budget “Carry Forwards”;

2. Adopt the Revotes, as recommended in the June Quarterly Budget Review document

CARRIED

SA17.217 Crown Lands Negotiation Program

HPERM Ref: D17/244525

Recommendation (Item to be determined under delegated authority)

That the report be received for information.

RESOLVED (Clr Wells / Clr Gartner) MIN17.695

That the report be received for information.

CARRIED

SA17.218 Better Boating Now - Round Two Projects

HPERM Ref: D17/254020

Recommendation (Item to be determined under delegated authority)

That the following projects (in priority order) be submitted for Round Two of the Better Boating Now Program:

Priority	Description	Estimated Cost
Completion of uncompleted Round One projects due to budget shortfall
1	Woollamia Regional Boat Ramp – additional 3rd ramp and dividing finger pontoon	$730,000
Projects identified and unfunded in Round One of the Regional Boating Plan
2	Shoalhaven Heads - Wharf Road Boat Ramp upgrade and provision of a dividing pontoon	$750,000
3	Callala Bay Boat Ramp (Ramp widening plus dividing walkway)	$500,000
4	Myola Boat Ramp (Ramp widening plus dividing pontoon plus carpark sealing	$600,000
Projects that are shovel ready (design completed)
5	Berringer Lake Foreshore Reserve	$200,000
6	New facility Havilland Street Lake Conjola (Stage One)	$1,909,979
7	Greenwell Point Effluent Pump out facility & floating pontoon	$200,000
Total		$5,359,979

RESOLVED (Clr Cheyne / Clr Pakes) MIN17.696

That the following projects (in priority order) be submitted for Round Two of the Better Boating Now Program:

Priority	Description	Estimated Cost
Completion of uncompleted Round One projects due to budget shortfall
1	Woollamia Regional Boat Ramp – additional 3rd ramp and dividing finger pontoon	$730,000
Projects identified and unfunded in Round One of the Regional Boating Plan
2	Shoalhaven Heads - Wharf Road Boat Ramp upgrade and provision of a dividing pontoon	$750,000
3	Callala Bay Boat Ramp (Ramp widening plus dividing walkway)	$500,000
4	Myola Boat Ramp (Ramp widening plus dividing pontoon plus carpark sealing	$600,000
Projects that are shovel ready (design completed)
5	Berringer Lake Foreshore Reserve	$200,000
6	New facility Havilland Street Lake Conjola (Stage One)	$1,909,979
7	Greenwell Point Effluent Pump out facility & floating pontoon	$200,000
Total		$5,359,979

CARRIED

Note: Clr Pakes left the meeting at 6.59pm

Note: Russ Pigg left the meeting at 7.00pm

SA17.221 Policy review - Council Policy POL16/236 - Demolition & Renovation of Buildings Containing Asbestos

HPERM Ref: D17/215487

Recommendation (Item to be determined under delegated authority)

That Council affirm the reviewed policy for the demolition and renovation of buildings containing asbestos policy with the minor adjustments as attached to this report.

RESOLVED (Clr Gash / Clr Gartner) MIN17.697

That Council affirm the reviewed policy for the demolition and renovation of buildings containing asbestos policy with the minor adjustments as attached to this report.

CARRIED

SA17.222 Policy review - Council Policy POL16/251 - Swimming Pools - Barrier Inspection Policy

HPERM Ref: D17/215503

Recommendation (Item to be determined under delegated authority)

That Council affirm the reviewed policy for the Swimming Pools – Barrier Inspection Policy with the minor adjustments as attached to this report.

RESOLVED (Clr Gash / Clr Gartner) MIN17.698

That Council affirm the reviewed policy for the Swimming Pools – Barrier Inspection Policy with the minor adjustments as attached to this report.

CARRIED

SA17.223 Policy review - Council Policy POL16/233 - Compliance and Enforcement Policy	HPERM Ref: D17/215665
Note: Russ Pigg returned to the meeting at 7.05pm
Recommendation (Item to be determined under delegated authority) That Council affirm the reviewed policy for Compliance and Enforcement with the adjustments as attached to this report and the policy be made available on Council’s website.
RESOLVED (Clr White / Clr Gash) MIN17.699 That this matter be deferred to a Clr Briefing. CARRIED

SA17.199 Shoalhaven Indoor Sporting Centre - Management Options

HPERM Ref: D17/244920

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

Motion (Clr Watson / Clr Proudfoot)

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 tender itself;

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

For: Clr Alldrick, Clr Watson, Clr Kitchener, Clr Proudfoot and Russ Pigg

Against: Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Cheyne, Clr Findley and Clr Levett

LOST

RESOLVED (Clr Wells / Clr Levett) MIN17.700

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/stake holders 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

For: Clr Gash, Clr Wells, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick, Clr Findley, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Russ Pigg

Against: Nil

CARRIED

SA17.210 Review of Council Policies - Finance

HPERM Ref: D17/250184

Recommendation (Item to be determined under delegated authority)

That Council

1. Adopt the following policies, as amended

a. POL16/119 Revenue – Debt Recovery Policy

b. POL16/165 Acceptance of Tenders – Reports to Council

c. POL16/186 Investment Policy

d. POL16/187 Jerberra Payment Relief Policy

e. POL16/199 Rates and Other Monies – Delegation of Authority to Write Off

f. POL16/200 Revenue – Hardship Policy

g. POL16/201 Revenue – Overdue Interest Rate

h. POL16/202 Revenue – Pensioner Rates and Charges – Arrears and Interest

i. POL16/203 Revenue – Stormwater Management

j. POL16/206 Sale of Land to Recover Unpaid Rates and Charges

k. POL16/265 Local Preference Policy

2. Rescind the following policy and list it as a Corporate Procedure for internal use by staff:

a. POL 16/153 Plant Replacement Reserve

Note: Clr Wells left the meeting at 7.34pm

Note: Clr White left the meeting at 7.34pm

RESOLVED (Clr Gartner / Clr Cheyne) MIN17.701

That Council:

1. Adopt the following policies, as amended

a. POL16/119 Revenue – Debt Recovery Policy

b. POL16/165 Acceptance of Tenders – Reports to Council

c. POL16/186 Investment Policy (amended version dated 11 August 2017)

d. POL16/187 Jerberra Payment Relief Policy

e. POL16/199 Rates and Other Monies – Delegation of Authority to Write Off

f. POL16/200 Revenue – Hardship Policy

g. POL16/201 Revenue – Overdue Interest Rate

h. POL16/202 Revenue – Pensioner Rates and Charges – Arrears and Interest

i. POL16/203 Revenue – Stormwater Management

j. POL16/206 Sale of Land to Recover Unpaid Rates and Charges

k. POL16/265 Local Preference Policy

2. Rescind the following policy and list it as a Corporate Procedure for internal use by staff:

a. POL 16/153 Plant Replacement Reserve

CARRIED

SA17.219 Relief for Homelessness in Shoalhaven - Temporary Housing Solutions as Pathways to Formalised Housing - Tiny Homes and Temporary Emergency Housing

HPERM Ref: D17/174358

Note: Clr Wells returned to the meeting at 7.37pm

Note: Clr White returned to the meeting at 7.37pm

Note: Clr Kitchener left the meeting at 7.37pm

Recommendation (Item to be determined under delegated authority)

That:

1. With respect to Tiny Homes:

a. In association with relevant State Members, approach the RMS regarding the lease of their properties at 95 to 99 East Street, Nowra to facilitate a Tiny Homes approach.

b. Further investigate the contamination issues associated with the Council owned land at 60 Worrigee Street, Nowra and take the necessary steps to determine its ability to actually be developed for the use.

c. Approach relevant private landowners to ascertain their willingness to be involved in a Tiny Homes approach, with the initial focus being 42 to 48 North Street and 36 & 38 Osborne Street, Nowra.

2. With respect to temporary emergency housing:

a. Not proceed further with the Flinders Estate site due to its isolated nature.

b. Collaborate with relevant not for profit organisations (community housing providers, churches and others) to identify suitable land in the vicinity of Nowra for the provision and operation of a permanent homelessness shelter.

3. The actions in this regard be advanced and reported back through the Homelessness Taskforce Shoalhaven

RESOLVED (Clr Cheyne / Clr Alldrick) MIN17.702

That:

1. With respect to Tiny Homes:

a. In association with relevant State Members, approach the RMS regarding the lease of their properties at 95 to 99 East Street, Nowra to facilitate a Tiny Homes approach.

c. Approach relevant private landowners to ascertain their willingness to be involved in a Tiny Homes approach, with the initial focus being 42 to 48 North Street and 36 & 38 Osborne Street, Nowra.

2. With respect to temporary emergency housing:

a. Not proceed further with the Flinders Estate site due to its isolated nature.

3. The actions in this regard be advanced and reported back through the Homelessness Taskforce Shoalhaven.

CARRIED

SA17.220 Endorsement for Exhibition - Draft Local Approvals Policy

HPERM Ref: D17/218117

Recommendation (Item to be determined under delegated authority)

That Council:

1. Endorse the draft Local Approvals Policy at Attachment 1 for public exhibition.

2. Publicly exhibit the draft Local Approvals Policy for 28 days and receive comments for 42 days from the commencement of the exhibition period in accordance with Section 160 of the Local Government Act 1993.

3. Receive a future report following public exhibition to enable any submissions to be fully considered and any changes made prior to:

· Council adoption; and

· Subsequent process to obtain consent of the Chief Executive of the Office of Local Government for Part 1 of the Local Approvals Policy prior to finalisation.

RESOLVED (Clr Wells / Clr Gartner) MIN17.703

That Council:

1. Endorse the draft Local Approvals Policy at Attachment 1 for public exhibition.

3. Receive a future report following public exhibition to enable any submissions to be fully considered and any changes made prior to:

· Council adoption; and

· Subsequent process to obtain consent of the Chief Executive of the Office of Local Government for Part 1 of the Local Approvals Policy prior to finalisation.

CARRIED

Procedural Motion - Adjournment of Meeting

Motion (Clr Findley)

That the meeting be adjourned for 10 minutes at 7.47pm

CARRIED

The meeting reconvened the time being 8.00pm

The following members were present:

Clr Amanda Findley - Chairperson

Clr John Wells

Clr Patricia White

Clr Kaye Gartner

Clr Nina Cheyne

Clr Annette Alldrick

Clr John Levett

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot

Mr Russ Pigg - General Manager

Note: Clr Kitchener returned to the meeting during the adjournment.

Note: Clr Gash left the meeting during the adjournment.

Reports

SA17.197 Six Monthly Delivery Program and Operational Plan Report - 1 January 2017 to 30 June 2017

HPERM Ref: D17/255292

Recommendation (Item to be determined under delegated authority)

That the report of the General Manager (Executive Strategy) regarding progress to 30 June 2017 on the 2015/2017 Delivery Program and 2016/2017 Operational Plan be received for information, endorsed and published on Council’s website.

RESOLVED (Clr Wells / Clr Gartner) MIN17.704

CARRIED

SA17.198 Waiving & Discounting of Fees For Open Space & Community Facilities 2016/2017

HPERM Ref: D17/220265

Item dealt with earlier in the meeting see MIN17.694

SA17.199 Shoalhaven Indoor Sporting Centre - Management Options

HPERM Ref: D17/244920

Item dealt with earlier in the meeting see MIN17.700

SA17.200 Community Infrastructure Guidelines

HPERM Ref: D17/231536

Recommendation (Item to be determined under delegated authority)

That Council notes the Community Infrastructure Grant Guidelines report for information.

RESOLVED (Clr Gartner / Clr White) MIN17.705

That Council notes the Community Infrastructure Grant Guidelines report for information.

CARRIED

SA17.201 Policy Review - Management Committees

HPERM Ref: D17/238473

Recommendation (Item to be determined under delegated authority)

That Council re adopt the public policy, Management Committees, without changes.

RESOLVED (Clr Alldrick / Clr Cheyne) MIN17.706

That Council re adopt the public policy, Management Committees, without changes.

CARRIED

SA17.202 Loans (Advances) to Community Groups Policy

HPERM Ref: D17/243647

Recommendation (Item to be determined under delegated authority)

That Council

1. Council Endorse the Draft Loans (Advances) to Community Groups Policy

2. Place the Draft Loans (Advances) to Community Groups Policy on public exhibition for a period of 28 days

3. If no submissions are received the policy be adopted and if submissions are received a further report be presented to Council after the public exhibition of the Draft Loans (Advances) to Community Groups Policy

RESOLVED (Clr Gartner / Clr Cheyne) MIN17.707

That Council:

1. Council Endorse the Draft Loans (Advances) to Community Groups Policy

2. Place the Draft Loans (Advances) to Community Groups Policy on public exhibition for a period of 28 days

CARRIED

SA17.203 Successful Grant Funding - Festivals Australia - Shoalhaven River Festival Art Precinct

HPERM Ref: D17/235391

Recommendation (Item to be determined under delegated authority)

That Council

1. Accept the funding offer and vote the funds of $20,000 to the Flood Marker sculptures project.

2. Write to Senator the Hon Mitch Fifield, Minister for the Arts accepting and thanking him for the grant funding.

RESOLVED (Clr Gartner / Clr White) MIN17.708

That Council:

1. Accept the funding offer and vote the funds of $20,000 to the Flood Marker sculptures project.

2. Write to Senator the Hon Mitch Fifield, Minister for the Arts accepting and thanking him for the grant funding.

CARRIED

SA17.204 Panel of Conduct Reviewers - Code of Conduct

HPERM Ref: D17/229143

Recommendation

That Council appoint the members of the Regional Panel of Conduct Reviews for a period of four (4) years, those being:

· Centium Group Pty Ltd

· O’Connell Workplace Relations Pty Ltd

· O’Connor Marsden & Associates Pty Ltd

· SINC Solutions Pty Ltd

· TressCox Lawyers

· Williams Love & Nichol Pty Ltd T/as Bradley Allen Love Lawyers

· Workplace Investigations Services P/L ices (T/A Wise Workplace)

Recommendation (Clr Wells / Clr Cheyne)

That Council appoint the members of the Regional Panel of Conduct Reviews for a period of four (4) years, those being:

· Centium Group Pty Ltd

· O’Connell Workplace Relations Pty Ltd

· O’Connor Marsden & Associates Pty Ltd

· SINC Solutions Pty Ltd

· TressCox Lawyers

· Williams Love & Nichol Pty Ltd T/as Bradley Allen Love Lawyers

· Workplace Investigations Services P/L ices (T/A Wise Workplace)

CARRIED

SA17.205 Readoption - Code Of Meeting Practice - Code of Conduct and Code of Conduct Procedures

HPERM Ref: D17/239173

Recommendation (Item to be determined under delegated authority)

That Council

1. Reaffirm without amendment the following policies for a period of 12 months:

a. Code of Conduct

b. Code of Conduct Procedures

2. That the proposal to adopt the Code of Meeting Practice be advertised for 28 days in accordance with the requirements under Section 361 of the Local Government Act, 1993, and a report be provided back to the Council if any submissions are received otherwise adopt the Code at the conclusion of the exhibition period.

3. That policies be amended on the release of the Model Codes and Procedures and be provided to the Council for adoption.

Clr Gartner raised a Point of Order against Clr Proudfoot regarding his comments pertaining to complaints being as fragile people. Clr Proudfoot was asked if he would withdraw his comments.

Clr Proudfoot did not withdraw as he advised it had already been said.

RESOLVED (Clr Alldrick / Clr Cheyne) MIN17.709

That Council:

1. Reaffirm without amendment the following policies for a period of 12 months:

a. Code of Conduct

b. Code of Conduct Procedures

3. That policies be amended on the release of the Model Codes and Procedures and be provided to the Council for adoption.

For: Clr Wells, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick, Clr Findley, Clr Levett, Clr Watson, Clr Kitchener and Russ Pigg

Against: Clr Proudfoot

CARRIED

Items marked with an * were resolved ‘en block’.

SA17.206 NSW Local Government Aboriginal Network Conference 2017

HPERM Ref: D17/229843

Recommendation (Item to be determined under delegated authority)

That Council:

1. Notes the details of the NSW Local Government Aboriginal Network Conference 2017 scheduled for 13 – 15 September 2017 in Albury NSW.

2. Authorises available Councillors to attend the conference and such attendance be deemed Council Business.

3. Travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with its adopted policy.

4. Request Councillors attending the conference to provide a written report within 30 days of returning from the conference.

CARRIED

RESOLVED* (Clr Wells / Clr Cheyne) MIN17.710

That Council:

1. Notes the details of the NSW Local Government Aboriginal Network Conference 2017 scheduled for 13 – 15 September 2017 in Albury NSW.

2. Authorises available Councillors to attend the conference and such attendance be deemed Council Business.

3. Travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with its adopted policy.

4. Request Councillors attending the conference to provide a written report within 30 days of returning from the conference.

CARRIED

SA17.207 LGNSW Water Management Conference

HPERM Ref: D17/250699

Recommendation (Item to be determined under delegated authority)

That Council

1. Notes the details of the LGNSW Water Management Conference scheduled for 4-6 September 2017 in Dubbo.

2. Authorises available Councillors to attend the conference and such attendance be deemed Council Business.

3. Travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with its adopted policy.

4. Request Councillors attending the conference to provide a written report within 30 days of returning from the conference.

RESOLVED* (Clr Wells / Clr Cheyne) MIN17.711

That Council:

1. Notes the details of the LGNSW Water Management Conference scheduled for 4-6 September 2017 in Dubbo.

2. Authorises available Councillors to attend the conference and such attendance be deemed Council Business.

3. Travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with its adopted policy.

4. Request Councillors attending the conference to provide a written report within 30 days of returning from the conference.

CARRIED

SA17.208 National Local Roads & Transport Congress

HPERM Ref: D17/250795

Recommendation (Item to be determined under delegated authority)

That Council

1. Notes the details of the National Local Roads & Transport Congress scheduled for 6-8 November 2017 in Albany, WA.

2. Authorises available Councillors to attend the conference and such attendance be deemed Council Business.

3. Travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with its adopted policy.

4. Request Councillors attending the conference to provide a written report within 30 days of returning from the conference.

RESOLVED* (Clr Wells / Clr Cheyne) MIN17.712

That Council:

1. Notes the details of the National Local Roads & Transport Congress scheduled for 6-8 November 2017 in Albany, WA.

2. Authorises available Councillors to attend the conference and such attendance be deemed Council Business.

3. Travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with its adopted policy.

4. Request Councillors attending the conference to provide a written report within 30 days of returning from the conference.

CARRIED

SA17.209 Adoption of Membership - Homelessness Taskforce Shoalhaven

HPERM Ref: D17/239175

Recommendation (Item to be determined under delegated authority)

That:

1. The name of the Taskforce be changed to Homelessness Taskforce Shoalhaven (HTS).

2. The Terms of Reference be adopted with amendments as outlined in the report attachment.

3. Council appoint all 18 applicants, as detailed in the report, as taskforce community and organisation members for a period of four (4) years.

RESOLVED (Clr Cheyne / Clr Gartner) MIN17.713

That:

1. The name of the Taskforce be changed to Homelessness Taskforce Shoalhaven (HTS).

2. The Terms of Reference be adopted with amendments as outlined in the report attachment and with the removal of a limit to number of community members

3. Council appoint 18 applicants, as detailed in the report, as taskforce community and organisation members for a period of four (4) years.

4. The appointment of Penni Wildi be as a representative of Waminda

For: Clr Wells, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick, Clr Findley, Clr Levett, Clr Watson, Clr Proudfoot and Russ Pigg

Against: Clr Kitchener

CARRIED

SA17.210 Review of Council Policies - Finance

HPERM Ref: D17/250184

Item dealt with earlier in the meeting see MIN17.701

SA17.211 June 2017 Quarterly Budget Review

HPERM Ref: D17/258582

Item dealt with earlier in the meeting

SA17.212 Proposed Sale of Land - Lot 2 DP1217124 - Wire Lane, Berry

HPERM Ref: D17/220985

Recommendation

That Council:

1. Advertise its intention to sell Lot 2 DP1217124 Wire Lane, Berry to the adjoining land owner, Merveilleux Pty Ltd, on the condition that land is consolidated with its adjoining land in Lot 14 DP253806; and

2. Receive a further report in due course regarding the sale and finalisation of the sale terms and conditions.

Recommendation (Clr Wells / Clr White)

That Council:

2. Receive a further report in due course regarding the sale and finalisation of the sale terms and conditions.

CARRIED

SA17.213 Update on Cambewarra Road properties acquired for the Shoalhaven Community & Recreational Precinct

HPERM Ref: D17/226920

Recommendation

That Council:

1. Lease, at a market rental, determined by valuation in accordance with the residential tenancy Act 2010:

a. 109 Cambewarra Road, Bomaderry

b. 111 Cambewarra Road, Bomaderry

c. 111a Cambewarra Road, Bomaderry

d. 113 Cambewarra Road, Bomaderry

2. Grant authority to the General Manager to sign any documents necessary to give effect to this resolution; and

3. Engage Integrity Real Estate to manage the properties on behalf of Council.

Recommendation (Clr Wells / Clr Cheyne)

That Council:

1. Lease, at a market rental, determined by valuation in accordance with the residential tenancy Act 2010:

a. 109 Cambewarra Road, Bomaderry

b. 111 Cambewarra Road, Bomaderry

c. 111a Cambewarra Road, Bomaderry

d. 113 Cambewarra Road, Bomaderry

2. Grant authority to the General Manager to sign any documents necessary to give effect to this resolution; and

3. Engage Integrity Real Estate to manage the properties on behalf of Council.

CARRIED

SA17.214 Classification of Shared Cycleway / Footpath - Lot 8 DP1214563 - Matron Porter Drive, Narrawallee

HPERM Ref: D17/240096

Recommendation

That Council resolve to classify the land described as Lot 8 DP1214563 at Matron Porter Drive, Narrawallee as Operational Land.

Recommendation (Clr White / Clr Kitchener)

That Council resolve to classify the land described as Lot 8 DP1214563 at Matron Porter Drive, Narrawallee as Operational Land.

CARRIED

SA17.215 Council Policy Review - Property Services

HPERM Ref: D17/243337

Recommendation (Item to be determined under delegated authority)

That Council adopt the “Acquisition of Land by Shoalhaven City Council” (POL16/113) as a public policy with minor amendments.

RESOLVED (Clr Wells / Clr White) MIN17.714

That Council adopt the “Acquisition of Land by Shoalhaven City Council” (POL16/113) as a public policy with minor amendments.

CARRIED

SA17.216 Proposed Sale of Land - 10 Jopejija Crescent, Culburra Beach

HPERM Ref: D17/244040

Recommendation

That Council:

1. Advertise its intention to dispose of 10 Jopejija Crescent, Culburra Beach (Lot 1 DP579906) in accordance with Policy 16/256 (Development and/or Disposal of Council Lands), and if no objections are received, authorise the sale of the property by public auction;

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

3. Fund all costs associated with the sale of 10 Jopejija Crescent, Culburra Beach from Job Number 88823 and the net income from the sale be placed in the Strategic Property Reserve;

4. Resolve to extinguish the easement for water supply 2 wide and 4 wide over Lot 10 DP261880 at Culburra Beach;

5. Fund all costs associated with pipe removal and easement extinguishment of Lot 10 DP261880 from Job Number 18850; and

6. Authorise the General Manager to sign all documents 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.

Recommendation (Clr Wells / Clr White)

That Council:

3. Fund all costs associated with the sale of 10 Jopejija Crescent, Culburra Beach from Job Number 88823 and the net income from the sale be placed in the Strategic Property Reserve;

4. Resolve to extinguish the easement for water supply 2 wide and 4 wide over Lot 10 DP261880 at Culburra Beach;

5. Fund all costs associated with pipe removal and easement extinguishment of Lot 10 DP261880 from Job Number 18850; and

CARRIED

SA17.217 Crown Lands Negotiation Program

HPERM Ref: D17/244525

Item dealt with earlier in the meeting see MIN17.695

SA17.218 Better Boating Now - Round Two Projects

HPERM Ref: D17/254020

Item dealt with earlier in the meeting see MIN17.696

SA17.219 Relief For Homelessness In Shoalhaven - Temporary Housing Solutions As Pathways To Formalised Housing - Tiny Homes And Temporary Emergency Housing

HPERM Ref: D17/174358

Item dealt with earlier in the meeting see MIN17.702

SA17.220 Endorsement For Exhibition - Draft Local Approvals Policy

HPERM Ref: D17/218117

Item dealt with earlier in the meeting see MIN17.703

SA17.221 Policy Review - Council Policy POL16/236 - Demolition & Renovation Of Buildings Containing Asbestos

HPERM Ref: D17/215487

Item dealt with earlier in the meeting see MIN17.697

SA17.222 Policy Review - Council Policy POL16/251 - Swimming Pools - Barrier Inspection Policy

HPERM Ref: D17/215503

Item dealt with earlier in the meeting see MIN17.698

SA17.223 Policy Review - Council Policy POL16/233 - Compliance And Enforcement Policy

HPERM Ref: D17/215665

Item dealt with earlier in the meeting see MIN17.699

Items marked with an * were resolved ‘en block’.

SA17.224 Acquisition of Easement for Water Supply at Parma Road, Parma

HPERM Ref: D17/215611

Recommendation

That:

1. Council resolve to acquire an Easement for Water Supply 3 metres wide over Lot 3 DP612512, No 352 Parma Road Parma, as shown hatching on plan marked Attachment

2. Council pay compensation of $2,000 and reasonable legal costs associated with the acquisition, in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, from Council’s Water Fund.

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

Recommendation (Clr Wells / Clr Gartner)

That:

1. Council resolve to acquire an Easement for Water Supply 3 metres wide over Lot 3 DP612512, No 352 Parma Road Parma, as shown hatching on plan marked Attachment

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

CARRIED

SA17.225 Review of Shoalhaven Water Group Policies

HPERM Ref: D17/224090

Recommendation (Item to be determined under delegated authority)

That Council

1. Change from a Local Approval Policy to a Public Policy and reaffirm with minor changes the following policies

a. POL16/97, Backflow Prevention and Cross-Connection Control

b. POL17/27, Water and Sewer – Minor Mains Extension

2. Reaffirm the following Public Policies with minor changes

a. POL16/81, Building Over Sewers Policy

b. POL17/29, Communications Site Rental – Licenced Community Radio Stations

c. POL16/82, Communication Site Charging Policy

3. Adopt the proposed policy POL17/1 – Shoalhaven Water Debtor Management Policy

RESOLVED* (Clr Wells / Clr Gartner) MIN17.715

That Council:

1. Change from a Local Approval Policy to a Public Policy and reaffirm with minor changes the following policies

a. POL16/97, Backflow Prevention and Cross-Connection Control

b. POL17/27, Water and Sewer – Minor Mains Extension

2. Reaffirm the following Public Policies with minor changes

a. POL16/81, Building Over Sewers Policy

b. POL17/29, Communications Site Rental – Licenced Community Radio Stations

c. POL16/82, Communication Site Charging Policy

3. Adopt the proposed policy POL17/1 – Shoalhaven Water Debtor Management Policy

CARRIED

SA17.226 TM74 Sussex Inlet Watermain Replacement Jacobs Drive and River Road

HPERM Ref: D17/247604

Recommendation (Item to be determined under delegated authority)

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

RESOLVED* (Clr Wells / Clr Gartner) MIN17.716

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

CARRIED

SA17.227 Acquisition of Easement for Water Supply - Sungrove Lane Milton

HPERM Ref: D17/225054

Recommendation

That

1. Council resolve to acquire an Easement for Water Supply 6 metres wide over Lot 12 DP807589, No. 13 Sungrove Lane Milton, as shown by hatching on plan marked Attachment 1.

2. Council pay compensation of $16,250 and reasonable legal costs associated with the acquisition, in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, from Council’s Water Fund.

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

Recommendation (Clr Wells / Clr Gartner)

That:

1. Council resolve to acquire an Easement for Water Supply 6 metres wide over Lot 12 DP807589, No. 13 Sungrove Lane Milton, as shown by hatching on plan marked Attachment 1.

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

CARRIED

SA17.228 Request Connection to Town Sewerage System - 4 Reservoir Lane Cambewarra (DA17/1731)

HPERM Ref: D17/249018

Recommendation (Item to be determined under delegated authority)

That Council approve the connection of Lot 1 DP 859479, 4 Reservoir Lane, Cambewarra to its sewerage system, by pressure sewer, subject to the applicant complying with all conditions specified on a Shoalhaven Water Development Application Notice for DA17/1731.

RESOLVED* (Clr Wells / Clr Gartner) MIN17.717

CARRIED

Confidential Reports

Pursuant to Section 10A(4) the public were invited to make representation to the meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed.

No members of the public made representations.

RESOLVED (Clr Wells / Clr Proudfoot)

That the press and public be excluded from the Meeting, pursuant to section 10A(1)(a) of the Local Government Act, 1993, to consider the following items of a confidential nature.

CSA17.14 TM74 Sussex Inlet Watermain Replacement Jacobs Drive and River Road

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

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

CARRIED

The meeting moved into confidential the time being 8.40.

The meeting moved into open session, the time being 8.41.

Report from confidential session

The following resolutions of the meeting, whilst closed to the public, were made public.

CSA17.14 TM74 Sussex Inlet Watermain Replacement Jacobs Drive and River Road

HPERM Ref: D17/247721

RESOLVED MIN17.718C

That:

1. Council accept the Tender from Select Civil for the TM74 Sussex Inlet Watermain Replacement Jacobs Drive and River Road at a total cost of $1,156,010.99 (excluding GST).

2. The contract documents and any other associated documents be executed on behalf of the Council in accordance with cl165 of the Local Government Regulation by the General Manager (Director Shoalhaven Water).

3. The recommendation remain Confidential in accordance with Section 10(A)(2)(d)(i) of the Local Government Act until Tenders are determined by Council.

4. Authorise the General Manager (Director Shoalhaven Water) to adjust the contract for variations for components under the contract.

CARRIED

There being no further business, the meeting concluded, the time being 8.41pm.

Clr Findley

CHAIRPERSON

Strategy and Assets Committee – Tuesday 19 September 2017

Page 34

SA17.232 Fees and Charges Review

HPERM Ref: D17/115929

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Attachments: 1. Draft Sportsgrounds and Community Facilities Fees Policy (under separate cover) ⇨

2. LKSQ - Fees and Charges Review Draft - May 2017 (under separate cover) ⇨

3. Fee Waivers, Subsidies and Support Policy (under separate cover) ⇨

4. Changes to Management Committee Guidelines for new Sportsground Fee Policy - extract of key areas (under separate cover) ⇨

5. Sportsgrounds Management Policy (under separate cover) ⇨

6. Sports Grants Program (Capital Works) (under separate cover) ⇨

7. Comparison of Fees for Halls and Tennis Courts (under separate cover) ⇨

8. Communication Strategy (under separate cover) ⇨

Purpose / Summary

To seek Council endorsement for amendment to Council’s Fees and Charges for Sportsgrounds and Community Facilities Fees in line with the principles of equity and income redistribution, in addition to making funds available for the minor improvements program and the Capital works program. To also gain support for simplification and standardisation of Fees and Charges across Tennis Courts and Community Halls.

Recommendation (Item to be determined under delegated authority)

That in accordance with the Committee’s delegated authority from Council, that:

1. Council endorse public exhibition of the Draft Sportsgrounds and Community Facilities Fees Policy (Attachment 1) for a period of 28 days

2. Council note the LKSQ Fees and Charges review document (Attachment 2) for reference only.

3. Council endorse public exhibition of the amended Fee Waivers, Subsidies and Support Policy (Attachment 3)

4. Notification of the Draft documents be advertised in the local newspapers, Council website and notification to the Sports Board, sporting groups, management committees and any other relevant bodies as identified during the early consultation with regard to this review.

5. A post exhibition report for the Draft Sportgrounds and Community Facilities Fees Policy (Attachment 1) and amended Fee Waivers, Subsidy and Support Policy (Attachment 3) be presented to a future Strategy and Assets Committee Meeting.

6. Council approve the simplification of fees and charges to align to any Point of Sale, Finance or booking systems.

7. Council endorse the changes to the Management Committee Guidelines (Attachment 4)

8. Council endorse the changes to the Sportsground Management Policy (Attachment 5)

9. Council endorse the changes to the Sports Grants Program (Capital Works) (Attachment 6)

10. Council endorse standardisation of Fees across Tennis Courts and Halls (currently managed by 355 Management Committees) (Attachment 7)

11. Council endorse standardisation of Fee charging methodology across sportsgrounds managed by Council and 355 Management Committees

12. Council approve the governance structure, including the review committee and the role of Liaison and Pricing Officer, to be funded in future years by sportsground revenue if model adopted.

13. Council support the introduction of fees for all Sportgrounds over the next 2 year period from 1 July 2018.

14. Council approve charging for any additional ad hoc requests by Sporting Groups at a $/hour rate to recover costs.

15. Council support the change to charging for floodlighting and electricity to be aligned to current energy prices per kw/hour ie on a cost recovery basis.

Options

1. Council adopt the recommendations

Implications: The community will have opportunity to comment on draft policies while on exhibition. Council will continue to provide sporting facilities to sporting groups within the local government area, however will recover some costs in relation to operating these facilities and therefore will make more funds available for the Sports Grants Program and the Minor Improvements Program, as well as funding the new Liaison and Pricing Officer position to assist sporting groups and management committees.

2. Council not adopt the recommendations and provide alternate options

Implications: Council will continue to provide sporting facilities to sporting groups within the local government area, however will continue to provide these at no cost, which will result in no additional funding towards improvements to these facilities.

Background

In 2013 Council approved a Transformation Taskforce project to review Fees and Charges. The objectives of this project team were to complete a review of fees and charges to ensure:

· Compliance with and consistency of current policies, including delegations and authorities, along with effectiveness

· Appropriate return on investment is being realised

· Analytical review of the costs of providing sporting grounds, facilities and Community Halls

· Identification, level and reporting of subsidies

· Anomalies with regard to hiring subsidies are highlighted, and consensus reached on the process moving forward

· Council’s financial capacity to support those hiring Council facilities.

This project, undertaken internally by staff, resulted in a number of recommendations. Below are those relevant to this review:

3.1.1 – Review all Policy documentation

3.5.5 – Review Pricing methodology and principles

3.2.1 – Set out financial requirements for setting fees and charges including overhead allocation methods

3.5.6 & 7 – Prepare a procedure document on service costing and the principles of cost recovery, incorporating cost allocation methodology

3.6.2 – Review leases on sporting fields to recover “notional” annual fee and utility costs

3.6.3 – Review leases to ensure that sublets are not allowable

3.1.4 – Add all financials to annual report to council, capturing all subsidies provided.

3.3.4 – The introduction of a season fee or fee per player for use of amenities and sporting fields by sporting clubs and for reimbursement to be made to Council for the cost of utility accounts at these fields/facilities, alternatively where grounds are used exclusively by a sporting organisation, establish a lease arrangement and cover off expenses, maintenance etc under the lease agreement.

As a result of these recommendations Council sought quotes in October 2015 for work to be progressed to a more detailed investigation and analysis, with LKS Quaero (LKSQ) selected as the successful vendor.

The aim of the work was to undertake a full review of Council’s Fees and Charges, and make recommendations to simplify and standardise their structure, to improve cost recovery (with a staged approach where necessary) and contribute to the sustainability of services, whilst providing clear information on the levels of financial support provided by Council. A copy of the LKSQ report is at Attachment 2. Although Council worked with LKSQ to obtain a report which could be placed on Public Exhibition, it was decided that this report only be used as background material for internal use, with staff recommendations taking a simpler more practical and affordable approach.

To date staff have been trained by LG NSW on setting Fees and Charges. A Pricing framework has been introduced to assist staff with determining the best pricing method. There has been a drive to change the focus from merely adding CPI annually to fully assessing the cost of doing business and alternate pricing options. This has resulted in a 21% or $6.4m increase across all fees from 2013 to 2016, but some inequities remain.

Key Findings

Current state and comparative analysis showed that there was limited transparency and a lack of an observable overriding rationale in how fees and charges are calculated. The development of an acceptable rationale requires community consultation, detailed modelling and a long term implementation period to convert existing agreements into more structured user pay agreements.

Council encourages the utilisation of sports grounds and facilities from groups which actively seek local participation in their activities and aims to ensure equity across all sporting and user groups. Currently there are many inequities across a number of sports, with some eg tennis, basketball, hockey, croquet and aquatics where users pay to help offset the capital debt on the facility or to defray maintenance costs. But there are many other sports where Council receives no income for use of facilities. From an equity point of view all sporting users should be charged on an “even playing field”. The new transparent framework for calculating fees and charges will remove inequities and ensure there is an objective, fair approach to the same.

The current arrangement where there is no charge for use of sportsgounds by sporting groups is unsustainable and inequitable when other sporting codes pay a fee for use or lease of facilities. This arrangement also means that Council supports Sportsgrounds, Parks and Gardens to the tune of $6.45m annually (based on 2015/16 Annual Financial Statements) and has insufficient funds to maintain and upgrade facilities to the standard required.

The introduction of fees will need to be carried out over a two year period to phase in the changes and to ensure that sporting groups can budget accordingly. For any additional requests for work at sporting fields, Council will charge at an hourly rate to ensure costs are fully recovered. Full details of the subsidies Council currently provides to maintain facilities will also be reported to Council quarterly.

Council recognises that participation in recreation activities results in positive social, cultural and economic benefits for communities and individual health and well-being benefits. Sporting clubs and associations are instrumental in building social capital and developing community leaders and therefore participation levels factor in the level of benefit to the community.

Although the LKSQ model results in consistency and transparency of fees calculated, the model is overly complicated, opens up opportunities for poor allocation of costs and results in fees of a magnitude, which would require significant subsidies and therefore defeats the purpose of the detailed process.

After review of the LKSQ Fees and Charges report and the subsequent calculations for full cost recovery plus a contribution for depreciation and land rental, staff have determined that a far simpler and more affordable model will be more effective and easier understood and managed by staff and sporting groups. It should however be recognised that had Council modelled fees based on the LSKQ model the impact would have been as shown below. Therefore the difference between what Council are proposing to charge compared to the LKSQ model should be recognised as a subsidy of significant proportion.

LKSQ Pricing Model compared to the Council proposed model is shown below. (This is per Sportsground, allocation to Sporting groups will be based on the cyclical maintenance schedule)

				Council Proposal			LKSQ Model
Sportsground	Size	Replacement cost	Cyclical Ground Maint Cost	Differential Cost – Sports to Reserve	Land Rental – 2%	Building Rental (depreciation)	Annual Fee per Sports ground
Berry Sporting Complex	24,000	$912,000	$21,866	$16,586	$18,240	$16,867	$51,693
Berry Showground	8,000	$304,000	$7,289	$5,529	$6,080	$63,833	$75,442
Bomaderry Soccer Field	7,094	$269,572	$10,776	$9,215	$5,391	$16,904	$31,511
Artie Smith Oval	16,000	$608,000	$17,403	$13,883	$12,160	$15,480	$41,523
Bomaderry Sporting Complex	24,789	$941,982	$16,945	$11,491	$18,840	$14,030	$44,361
Bomaderry oval	11,497	$436,886	$11,680	$9,151	$8,738	$6,507	$24,395
Burrill Lake Sportsground	8,000	$304,000	$4,809	$3,049	$6,080	$6,210	$15,339
Callala Bay Sporting Complex	16,000	$608,000	$9,603	$6,083	$12,160	$5,542	$23,785
Cambewarra Abood Village Green	8,000	$304,000	$17,137	$15,377	$6,080	$1,717	$23,174
Crookhaven Sporting Complex	24,000	$912,000	$15,863	$10,583	$18,240	$25,790	$54,613
Greenwell Point Playing Field	7307	$277,666	$9,019	$7,411	$5,553	$7,030	$19,995
Huskisson Sportsground	21091	$801,458	$19,964	$15,324	$16,029	$28,841	$60,194
North Nowra Drexell Park	7000	$266,000	$11,902	$10,362	$5,320	$5,851	$21,533
Sharman Park North Nowra	8000	$304,000	$8,589	$6,829	$6,080	$4,491	$17,400
Bernie Regan Sports Complex	32000	$1,216,000	$29,252	$22,212	$24,320	$43,131	$89,663
Lyrebird Park Nowra	30285	$1,150,830	$24,569	$17,906	$23,017	$23,085	$64,008
Ratcliffe Park Nowra	8000	$304,000	$10,734	$8,974	$6,080	$12,194	$27,248
Nowra Recreation Ground – Netball Courts	8000	$304,000	$11,275	$9,515	$6,080	$11,866	$27,461
West St Oval Nowra	8000	$304,000	$11,277	$9,517	$6,080	$1,160	$16,757
Nowra Showground	16000	$608,000	$29,345	$25,825	$12,160	$76,519	$114,504
Francis Ryan Reserve	16000	$608,000	$15,040	$11,520	$12,160	$19,639	$43,319
Sanctuary Point Oval	16000	$608,000	$16,164	$12,644	$12,160	$5,486	$30,290
Sanctuary Point Sporting Complex	16000	$608,000	$10,989	$7,469	$12,160	$5,486	$25,115
Sout Nowra Soccer Fields	51500	$1,957,000	$36,893	$20,549	$39,140	$27,974	$87,663
South Nowra Rugby Park	24000	$912,000	$15,090	$9,810	$18,240	$25,982	$54,032
South Nowra Baseball Field	8100	$307,800		$3,232	$6,156	$4,400	$13,788
St Georges Basin Sporting complex	24000	$912,000	$14,793	$9,513	$18,240	$11,201	$38,954
Finkernagal Reserve	16021	$608,798	$6,153	$2,628	$12,176	$4,005	$18,809
Ulladulla Lighthouse Sporting Complex	15000	$570,000	$21,514	$18,214	$11,400	$15,194	$44,808
West Ulladulla Sporting Complex	52458	$1,993,404	$24,770	$13,229	$39,868	$28,119	$81,216
Vincentia Sportsfield	14302	$543,476	$11,764	$8,618	$10,870	$13,037	$32,524

An alternate model suggested by staff as shown below is currently limited by the capability of existing systems, so may develop over time as new management information systems are transitioned in:

1. Calculate the direct cost of sportsgrounds. (converted to a m2 rate)

2. Calculate the cost to maintain public reserves (converted to a m2 rate)

3. Take the difference between the sportsground and public reserve rate and multiply by the m2 used for the individual sportsground.

4. Total this differential maintenance cost and divide by the total number of players (in the ratio of seniors and juniors, with a pricing differential of 65% of the senior rate for junior players) to arrive at a cost per player per season for juniors and seniors

The introduction of pricing arrangements across all sporting groups and the resultant fee structures will assist with:

· Ensuring equities across all sporting groups, currently some organisations pay for the ability to play their respective sport e.g. basketball, swimming, tennis, whereas other groups do not pay,

· Making funds available for the Sports Grants Program,

· Increasing funding for the minor improvements program; for activities such as aeration, fertilizer, top dressing, drainage, irrigation and floodlighting,

· Providing a resource to work with community groups and management committees as well as internally with staff to assist with pricing, grant applications, communications etc.

With the review of any fees in the future, consideration will be also given to simplifying and standardising fees where ever possible and incorporating this consistently across any new Point of Sale, Council wide finance or booking systems implemented. This should reduce staff administration and overhead costs and reduce reliance on financing from General Fund. The customer experience should also be improved with a more transparent and equitable rate of fees across all sporting grounds, facilities, tennis courts etc.

Currently there are some current inequities with charging for floodlighting where those who pay for their accounts directly are charged at the current market rate and those who are charged by Council are charged with an overhead included. It is proposed to standardise the charging to be the current energy rate per kw/hour ie on a cost recovery basis exclusive of overhead. This will be updated in the fees and charges for 2018/19.

One other concern with the LKSQ review was the inconsistency of fees across management committees, the aim would be to bring these into line and obtain consistent pricing across all like facilities. This will also be introduced for the 2018/19 fees and charges. See Attachment 7 for a comparison of current Tennis Courts and Halls fees with the recommended approach to charging.

Due to the inconsistent approach to setting of fees and authorisation of any fee waivers there is a requirement to put in place a new governance structure to ensure all the above recommendations are carried out and for future consistency

Governance

As part of the commissioned report there is a recommendation to ensure Council provides adequate recreation staff resources to implement the new framework. LKSQ also recommended that operational leadership in this area needed to be supplemented to ensure adequate probity. Given the current staffing levels and high workloads it is not possible for existing staff to focus on this project fully, hence the introduction of a new role is recommended to govern the project and implement the recommendations. This role would ultimately be self-funding by the capture of increased revenue. Over the last 3 years with an increased focus, fees and charges have increased by over $6.3m ($2.1m on average annually) or an average of 7% annually.

The introduction of a Liaison and Pricing Officer role into the organisation is fundamental to ensuring that the process and underlying rationale can be progressed, that probity issues are covered off and Council can reduce any risks in relation to setting, charging and collection of fees and charges. The Liaison and Pricing Officer role would be multi-faceted, it will be the conduit between sporting groups, management committees and Council and will cover pricing and subsidies but more specifically would include:

a) Moving the project forward to completion,

b) Liaising with Management Committee’s re. fees and charges – standardising where possible,

c) Assistance with Grant applications through community sporting bodies,

d) Ensuring Management Committees and Sporting Groups adhere to reporting requirements,

e) Capturing utilisation data, such as who uses the field, the frequency of use, length of use and the intensity during that use,

f) Setting prices for all fees and charges on a cyclical basis for review annually (this would cover the proper costing and pricing of all fees and charges at least once annually, ensuring consistency across all groups.),

g) Ensuring simple and easy to update pricing matrixes are set up for capture in receipting, booking and financial systems,

h) Calculating and reporting subsidies by user type with consistency,

i) Ensuring subsidies are accounted for correctly across all areas of Council, including donations and sponsorships,

j) Ensuring consistency of categories/units/concessions etc.,

k) Ensuring compliance systems are in place,

l) Ensuring communication with all relevant sections of Council,

m) Reporting fees and charges to Council,

n) Maintaining fee registers,

o) Reporting on fees and charges (longer term requirement when systems in place),

p) Continual review of fee collections, tightening controls re charging/deposits etc,

q) Involvement in any system implementation in relation to fees from a pricing/facility use perspective,

r) Investigation of new revenue opportunities ie NDIS (National Disability Insurance Scheme – Exercise physiology and Personal Well-being activities through Leisure Centres and other Council facilities, would increase revenue but also provide a community benefit).

A review committee will also be established to consider each application for subsidy or waiver, full details of this committee are shown within the Policy document. (POL17/47 at Attachment 1).

As a consequence of the introduction of this new Policy, the existing Fee Waivers, Subsidy and Support Policy also requires amendments to incorporate a flow chart for decision making and further definitions around terms used, along with other changes to separate out procedure from policy details.

In addition minor changes are required to the Management Committee Guidelines, the Sportsground Management Policy and Sports Grants Program documents.

Community Engagement

In the course of this project, three community workshops were held at Nowra Showground, the Bay and Basin Leisure Centre, and the Ulladulla Civic Centre. Approximately 50 people attended these workshops, representing either community sporting groups or facility management committees. Further consultation was also held with Council employees, the Shoalhaven Sports Board and community groups. In addition to this 70 Council Owned facilities were visited. Meetings have been held internally with the General Manager and Group Directors, and a briefing of the Sports Board and Councillors was held on 6^th September.

A communication plan has been developed for the next stage of community engagement, which is shown at Attachment 8. Key components of this pan are:-

· A letter will be forwarded to all sporting groups to inform them of the changes.

· The documents will be placed on Exhibition for a period of 28 days at the following locations:

o Nowra Admin Building

o Libraries

o Aquatic Centres

· Advertisements will be placed in the local papers, on councils website, forwarded to CCB’s and all community groups and stakeholders identified as part of the development of the report and policy.

Policy Implications

A New Policy for setting Fees for Sporting Groups and Community Clubs will be introduced, Attachment 1.

Amendments to the Fee Waivers, Subsidies and Support Policy will also be required, as per Attachment 3.

The Management Committee Guidelines will require some minor changes in relation to Council assisting with developing fees, user charges and maintenance agreements, as per Attachment 4.

Sportsground Management Policy requires some changes with regard to responsibilities and usage of facilities, as per Attachment 5

Sports Grants Program document requires some changes in relation to Capital improvement criteria, supporting documentation for applications and further guidance around Procurement guidelines, as per Attachment 6.

Financial Implications

The exhibition of the draft report and Policy will be undertaken out of existing budgets. The new Liason and Pricing Officer role will be funded by additional revenue from Fees and charges in subsequent financial years and the appointment to this role will be aligned to the 2018/19 budget, enabling the role to be fully funded at this time.

Risk Implications

There are no significant risks to Council assets or finances from this report.

Strategy and Assets Committee – Tuesday 19 September 2017

Page 42

SA17.233 Shoalhaven Indoor Sports Centre - Fitout

HPERM Ref: D17/284486

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Purpose / Summary

This responds to Council MIN15.651 – Part F and provides Council with information regarding:

· Fit-Out requirements, costs and implications for current construction and operational management scenarios and

· Seeks funding to undertake the Fit-Out of the Shoalhaven Indoor Sports Centre.

Recommendation

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.

Options

1. Council accept the recommendation as written and allocate $2,919,895 in the 2018/19 budget for the fit out works

Implications: This will commit funding to complete the project and allow forward planning of the works. This option will eliminate the need for loan borrowings but will affect the capital budget in 2018/19. The community is provided with a facility, which is ‘fit for purpose’.

2. Council take a loan for $2,919,895 in 2018/19 over 10 years.

Implications: The community is provided with a facility which is ‘fit for purpose’ and will have additional operational costs associated with the loan repayments.

Background

At its Ordinary Meeting held on 27 October 2015, Council made the following resolution (Min15.651 – Part F) with regard to Fit-Out Requirements and associated costs for the Shoalhaven Indoor Sports Centre:

That Council:

…

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

The table below provides Council with a summary of the required Furniture Fixtures Equipment (FFE) Costs to Council. It has been developed by Council staff, in consultation with identified project stakeholders, with the following criteria taken into account:

1 Industry Practice – indicates that Fit-Out Costs will be in the vicinity of 20% of the Construction Budget. Based on the present Shoalhaven Indoor Sports Centre Construction Budget, this estimates that the Fit-Out Cost to be approximately $2.5m - $3m.

2 Consultation was conducted with comparable facility operators throughout NSW. Feedback received indicated that, again, in order to realise the full potential of the facility, including consideration of operational programs, the Fit-Out Budget would be in the vicinity of 20% of the Construction Budget.

3 Council staff undertook a recent workshop based on their previous experiences in the delivery and fitting out of Sussex Inlet Aquatic Centre, Bay & Basin Leisure Centre, Nowra Aquatic Park and Ulladulla Civic Centre over recent years. The following table identifies all components and estimated costs. The list has been reviewed and endorsed by external stakeholders and user groups.

4 The key stakeholders and future user groups have provided detailed feedback on their requirements and FFE requirements based on their expertise, experience and knowledge of their sports requirements.

This list has been used to seek grant funding for these FFE items, however, to date, no grant applications have been successful. This list has also been sent to local State members of Parliament in both the upper and lower houses who have a keen interest in the project and are advocating for funds.

Furniture Fixtures Equipment (FFE) - Fit-Out Item
	Stage 1 Items to be installed during construction phase	Stage 2 Items to be procured concurrently with construction & installed during CHOTO
Sports Floor - Protection Matting		120,000
Sporting Equipment - Fixtures	494,000
Sports Equipment Operational		70,000
Cleaning Supplies / Store Room		108,500
Crèche		54,150
Main Hall	100,000	80,500
Control Room		3,700
Amenities & Lockers	200,000
Drug Testing Room		2,500
Referees Room		5,000
First Aid Room		50,000
Staff Office 1 & 2		48,000
Main Reception	134,500
Reception 2	33,100
Kitchen / Café Equipment (loose items)		150,000
Kitchen Benches & Furniture (benches, range hood, finishes etc.)	150,000
Outdoor Café Area		50,000
Mezzanine Multi-Purpose Space		60,500
Joinery Receptions & Kitchenettes	200,000
Communications	200,000
Audio Visual / PA		90,000
Computers		150,000
Signage		100,000

Sub Total	$1,511,600	$1,142,850
Contingency & Project Management (10%)	151,160	114,285
Total Fit-Out Cost at each stage / option	$1,662,760	$1,257,135
Grand Total	$2,919,895

The total cost of the Fit-Out is $2,919,895.

Fit-Out Budget and Management Scenarios

Council has the option to:

· Fund the Fit-Out in its entirety,

· Partially fund the Fit-Out with the core inclusions and require the operator to complete the Fit-Out at their expense commensurate with their program and service requirements.

Whilst the governance model for the management and operation of the centre is yet to be determined, it may appear that, if Council appointed an external operator, this may reduce the funding commitment from Council.

From staff experience, these costs would ultimately be borne by Council as an external operator would pass these onto Council through a management fee or seek to recoup any outlay through reimbursement of costs. Further, the level of funding required by the operator may be cost prohibitive and preclude prospective operators or an external operator may seek to have an extended term of tenure to manage and operate the facility to ensure a return on their investment.

Moreover, an external operator may seek to Fit-Out the facility with items that differ from the stakeholder group preferences and substitute with alternate items. This may be due to lower costs of alternate equipment, or a decision not to provide this equipment as the activity is seen as low commercial value and not cost effective to provide as it offers a low return on investment. This may potentially marginalise or exclude users.

As with all management agreements, particularly those relating to facilities where public programs are conducted, the operator will have its own priorities for the operation of that facility. Therefore, there is potential for the operator to favour one facility hirer or sporting group over another and fail to provide adequate or appropriate equipment, fixtures and fittings for a broad range of user.

Council could also be exposed to the costs, at the conclusion of any agreement with an external operator, as they would remove any items of FFE they have funded at the end of the contract term. Further, Council may be liable to make good the facility, if it is damaged during this process dependent on the type of management model agreed upon by Council. Previous contracts with lessees of facilities have left Council with significant maintenance and retrofitting costs post contract.

The Fit-Out inclusions listed above are planned to make the facility inclusive to all users. Any reductions in the scope of these inclusions will have an impact on reducing income streams and, therefore, potential increased cost to Council over the mid to long term.

It is proposed that Council should fund the Fit-Out of the facility in its entirety to achieve a fully functioning centre commensurate with stakeholder and community needs and expectations.

Council, by committing to fund the Fit-Out, will ensure equipment is provided for a broad range of user groups, provide greater equity and access to meet the needs of the community and provide support which is reflective of Council’s overall investment in the whole facility and activating the venue.

FFE Items Required during Construction

The FFE items listed in the table above are currently not funded, however, Council will need to fund the above items in order to provide a fully functional and ‘fit for purpose’ Sports Centre, complete in all respects. The list includes fixtures which are required to be integrated into the facility prior to completion of construction. Such items include:

· Backboards, Rings, Scoreboards,

· Goals, Post and Nets, including floor sockets and fixings,

· Main Hall Ceiling Fans,

· Lockers, hand dryers, and items to achieve construction certificate,

· Kitchen benches, extraction hood, finishes,

· Communications equipment – security system, CCTV, PA,

· Main Reception and Reception 2.

Failure to allocate funding for these items will result in an incomplete facility, unable to achieve full Occupational Status. The retro-fitting of these items at a later stage will be more costly and will require ‘re-working’ to already finished surfaces. From the communities perspective, once the construction of the building is completed the expectation will be to open and operate the building as soon as possible. Generally, post construction FFE will include items of furniture, computers etc.; however, if Stage 1 FFE is not brought forward and integrated with construction, it will significantly delay the opening of the facility.

There are certain item of equipment included in stage 1 FFE, such as floor sockets, ceiling fans, CCTV, communication and data racks for example, that will need to be built into the building fabric and will require other trade services in installing and connecting these to be fully operational and functional. Integration and installation of these services into the building fabric will give a higher standard of finish without having surface mounted conduits, block outs in floors, wall mounted cabling.

Similarly there are kitchenettes and the main kitchen benches which need to fabricated and installed during construction phase along with electrical and hydraulic services (such as floor drains and plumbing) to meet kitchen design and layout requirements. This approach enables this work to be undertaken rather than added at a later date and thus causing damage to internal finished and having surface mounted cabling.

Including these as part of Stage 1 FFE ensures these items will not be imposed upon an external contractor at a later phase of project, therefore there are time and cost efficiencies in funding and integrating these works early through the head contractor and associated sub-contractors who are already on site.

The ultimate benefit to Council will be realised upon the completion of works where the community’s expectation for a fully complete and operational facility will be met when the building is officially opened.

FFE Items Required during Commissioning, Hand Over, Training & operation (CHOTO)

Stage 2 Fit-Out includes installation of point of sale systems, office furniture, crèche and first aid equipment, café furniture and equipment, kitchen appliances, portable sports equipment, the equipment for mezzanine, foyer, referee rooms and cleaning, along with installation of audio visual and public address systems, and centre signage.

Council funded Fit-Out will ensure that the equipment is new and of an appropriate standard and quality, commensurate with stated stakeholder needs and requirements and to complement the overall amenity and quality finish of the Centre.

Ideally this would occur concurrently with the commissioning of the centre and hand over to the appointed management team. During this time, training and testing of systems would occur with the staff who will be operating the facility in readiness for a soft opening ahead of an official opening.

Community Engagement

Throughout the Design and Fit-Out phases of this project, Council Officers (Project Delivery and Recreational Community & Culture) have been in regular contact with external sports stakeholders.

The stakeholder group have been consulted on their requirements and the specifications for FFE items which have been included and costed in this Fit-Out program.

Financial Implications

The Fit-Out items listed above are currently not funded. Council will need to fund the items in order to provide a fully functional and ‘fit for purpose’ sports centre, complete in all respects. The total Fit-Out funding requirement is $2,919,895.

There are not sufficient funds in Council’s General Fund Reserves to meet the Fit-Out requirements for the Shoalhaven Indoor Sports Centre in 2017/18 and 2018/19.

Should Council decide to borrow to cover the Fit-Out cost, it can do so up-front using a loan term of 10 years, with two repayments a year, the expected impact is:

$‘000s	2018/19	2019/20	2020/21	2021/22	2022/23	2023/24	2024/25	2025/26	2026/27	2027/28	2028/29	Total
Borrowing	+$2,920
Repayment (cash flow)		-$349	-$349	-$349	-$349	-$349	-$349	-$349	-$349	-$349	-$349	-$3,486
Interest expense		-$100	-$91	-$82	-$72	-$63	-$52	-$42	-$32	-$21	-$9	-$566

The sensitivity of total repayments to interest rate is approximately $85,000 for each half a percent (0.5%) movement from the assumed 3.5% rate.

It is proposed that Council commit to funding the Shoalhaven Indoor Sports Centre Furniture Fixture Equipment (FFE) Fit-Out Requirements in the amount of totalling $2,919,895. Council staff will continue to seek grant funding to assist with Fit-Out of the centre and will work with the Stakeholder Group to support any funding applications they submit.

Risk Implications

· Failure to fully fund the Fit-Out of the Shoalhaven Indoor Sports Centre will not deliver to Council a ‘fit for purpose’, fully compliant, functional and complete indoor sports centre,

· Failure to fund items may have an impact on achieving facility compliance / Occupation Certificate – the development consent precludes the issuing of a n Interim Occupation Certificate, such items include fixtures and fittings in amenities, toilets and food preparation / kitchen areas, crèche,

· Failure to provide a complete Fit-Out budget may impact on an efficient transition between construction completion and operation resulting in a negative perception from user groups, stakeholders and community, unable to fully utilise the facility by a broad range of users,

· Appointment of an operator who lacks experience and ability to provide a smooth transition between Practical Completion through Commissioning, Handover, Operations Training and Opening (CHOTO), including the critical Fit-Out stage 2,

· Appointment of an operator who lacks experience in Fit-Out may cause delays in moving from practical completion, through CHOTO to soft opening,

· Inexperienced operator and inadequate communication systems and collaboration with building contractor for:

o Monitoring and reporting of problems and concerns during the 12 months defects liability period

o Monitoring and reporting of problems and concerns during the first 12 months operation with plant and equipment under a 12 months warranty period

may impact / void warranties and compromise the long term life of the plant and FFE items, and impact on asset replacement and renewal costs that would be met by Council.

Strategy and Assets Committee – Tuesday 19 September 2017

Page 48

SA17.234 Milton Ulladulla Croquet Club Inc - Relocate from Milton Showground to Ulladulla Sports Park

HPERM Ref: D17/261728

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Attachments: 1. Letter - Milton Ulladulla Croquet Club ⇩

2. Preliminary Costings ⇩

Purpose / Summary

To update Council on the process to relocate Milton Ulladulla Croquet Club Inc. Milton Ulladulla Croquet Club Inc. having indicated there preference to relocate the croquet facilities from the Milton Showground to Ulladulla Sports Park for construction of two courts with space for four courts in total in the future.

Recommendation (Item to be determined under delegated authority)

That

1. Council endorse the relocation of Milton Ulladulla Croquet Club Inc. from Milton Showground to Ulladulla Sports Park in line with Croquets requirements and Council MIN17.323

2. Council allocate $350,000 in the 2018/19 budget to undertake the relocation of the stockpile from Ulladulla Sports Park to the Ulladulla Council Depot once assessment is completed

3. Council allocate $765,000.00 to undertake a detailed design ($15,000) in the 2017/18 budget and development of two Croquet Courts at Ulladulla Sports Park ($750,000) in the 2018/19 budget.

4. Staff seek grant funding to assist in the delivery of this project.

5. If Council is not in a position to fund some or all of the project, that the timeline be reconsidered.

Options

1. Adopt the recommendations

Implications: This will ensure Council can proceed to deliver the project in line with MIN17.323.

2. Not adopt the recommendations and provide an alternative resolution with direction for staff.

Implications: This may result in the project not proceeding or the timeframe being revised and extended to enable funding to be allocated by Council in future years of the budget. The would necessitate the Milton Ulladulla Croquet Club remaining at the Milton Showground until such time as funding to deliver the entire project can be allocated.

Background

Council resolved on 18 April 2017 and adopted MIN17.323.

“That Council:

1. Decline the opportunity to construct a second croquet court at Milton Showground.

2. Actively work with Milton Ulladulla Croquet Club to relocate the croquet facilities to suitable venue within 18 months. The new location is to contain sufficient land for construction of two courts and four courts in the future, a suitably sized club house, fencing of an area for four courts; car parking spaces, landscaping and other comparable facilities to those that the Club already has at the Milton Ulladulla Showground.

3. Establish a working group of available Councillors, Executive of Milton Ulladulla Croquet Club and Council staff to facilitate the relocation.

4. Allocate funding for project planning in 2017/2018; and construction of two croquet courts to commence in the first quarter of 2018/2019, with the courts and facilities completed by the end of the third quarter of 2018/2019.

5. Continue to work with the Showground Management Committee and owners adjacent to Milton Ulladulla Showground to formalise offsite parking options via a licence agreement to increase capacity for future large events at the Showground.

6. Review the Milton Ulladulla Showground Management Plan within 12 months, in consultation with the Showground Management Committee.

7. Advise both the Milton Ulladulla Croquet Club & Milton Ulladulla Showground Management Committee of the above Council resolution.

8. Receive a further report on the financing options for the new facility.”

In relation to parts 2 and 3 Council established a working party which identified three potential sites for the relocation of the Croquet Lawns, site visits were organised with the working party for the Ulladulla Sports Park, Milton Pony Club and the subdivision at Leo Drive Narrawallee.

In relation to parts 4 and 8 the report present the options and funding required to deliver this project within the timeline identified. It should be noted that at present no funding has been allocated by Council in 2017/18 or beyond to construct the croquet courts which makes achieving this timeline very difficult and proposes that if Council is not in a position to fund some or all of the project that the timeline be reconsidered and / or the status quo remains – i.e. the Croquet Club remain at Milton Showground.

The Milton Ulladulla Croquet Club have indicated as per the attached letter that the Ulladulla Sports Park would be their preferred site.

The Ulladulla Sports Park site has an existing Council stockpile located on the site. This is an operational stockpile and is used for the short term management and storage of materials between projects. There is an on-going need to continue to provide a stockpile site. Council has consulted with relevant staff regarding the relocation of the stockpile, it is noted that stockpile sites are hard to find and be approved. It was determined that we should seek to relocated the stockpile site to the existing Council depot site.

Staff contacted Ulladulla staff to identify where the existing stockpile site at Ulladulla Sports Park could be relocated and were informed that the existing Ulladulla Depot would be a potential option. To move the stockpile to Ulladulla Depot requires a flora and fauna study to be undertaken due to environmental constraints of the land at Ulladulla Depot.

Council staff have requested an environmental survey and assessment to be undertaken on the subject land at a cost of $6,000 which is being funded from SIP budgets to commence this process. This process takes 12 months to investigate the site through all growing seasons. If this investigation identifies that vegetation cannot be moved a new stockpile site will need to be negotiated.

Council resolved that the old sewerage treatment site would not be an extension to the Ulladulla Sports Park, instead it be developed as Industrial land. The need to relocate the stockpile site has become more imperative due to this resolution as this is the only growth area for the Ulladulla Sports Park into the future.

The size of the proposed site meets the requirements for development of four courts in accordance with the Croquet Association Standards. Power, water and sewer are existing at the Ulladulla Sports Park and will just need to be located to the proposed croquet site. No Development Application is required for the construction of the croquet courts the construction will be undertaken under the Infrastructure SEPP and a Review of Environment Factors will be undertaken.

Social Infrastructure and Planning staff are in discussions with Holiday Haven regarding the purchase of an obsolete cabin to be relocated to the proposed site once the courts have been built. This is in line with their existing facilities at the Milton Showground.

Parking is existing and more than adequate for the croquet club’s needs, the croquet will essentially be using the site outside of peak times. The Croquet Committee identified that floodlights would be required for night and social games and this site would be a suitable as there are no residents close by.

There may also be the opportunity for the Croquet Club to gain new membership through awareness of other sports grounds user becoming aware of their club at the Ulladulla Sports Park. The Ulladulla Sports Park has more users and traffic than their existing site at the Milton Showground

The map below indicates the area the Croquet Club would relocate to at Ulladulla Sports Park.

Relocation of the Stockpile site

Council staff have provided a cost estimate for the relocation of the stockpile site which is broken down in the attached spreadsheet. As previously noted Council staff have started the process of an environmental survey and assessment of the proposed new stockpile site at Ulladulla Depot (as identified in map below). This is required due to the site being habitat for the threatened Eastern Pygmy Possum as well as threatened orchids Cryptostylis hunteriana and Caladenia tessellata. And therefore if we propose to clear the site – these species need to be surveyed. Unfortunately they can’t be surveyed until spring and summer as they are dormant.

If the Council depot cannot be developed to incorporate the stockpile site another location will need to be investigated.

Estimated Costs

Relocation of Depot

· $6,000.00 for a Flora & Fauna Survey and Assessment (currently being undertaken out of existing SIP budget)

· $350,000 estimate to relocate stockpile from Ulladulla Sports Park to Council Depot at Ulladulla as per preliminary cost estimate in the above attachments which includes clearing of the site, sediment and erosion control, earthworks, drainage, access roads, fencing, stockpile material bays, signage and markings and relocation.

Development of Croquet

· $15,000.00 - detailed design

· $240,000.00 - 2 Croquet Courts (based on Milton estimate for one at $120,000.00)

· $500,000.00 - building – cabin, installation, connection to services and fit out

· $10,000.00 - Landscaping

Estimated Total Cost $1,115,000

Community Engagement

Ongoing community engagement has been occurring with Milton Ulladulla Croquet Club with a site meeting on 12 July at Milton Showground Croquet Clubhouse with Council staff, Clr White, Clr Gash and members of the Milton Ulladulla Croquet Club. Further meeting on 20 July at Council with Clr White and Council Staff.

The latest meeting occurred as a site visit of the three sites at Ulladulla Sports Park, Pony Club Site and Leo Drive Amaroo Subdivision on 9 August with Clr White, relevant staff and members of the Milton Ulladulla Croquet Club to discuss pros and cons of all three site.

Council staff have written to the Ulladulla Sports Ground Committee members/users on 14 August informing them that the Sports Park has been identified as possible site for the relocation of the Croquet Courts. The Milton Ulladulla Croquet Club have indicated as per the attached letter that the Ulladulla Sports Park would be their preferred site.

Financial Implications

Council will need to allocate $1,115,000 to progress this project and to deliver within the timeline determined by Council in MIN17.323.

· Relocation of the Operational Stockpile site - $350,000

· Development of Croquet Facility - $765,000

Council staff will seek grant funding to assist with delivery of the project. To enable grant applications to be made funding will need to be allocated for staff to complete the detailed design stage prior to any funding submissions being made.

Risk Implications

Funding - If Council does not allocate the funds this project cannot proceed.

Environmental - If the flora and fauna study identifies restrictions at the Ulladulla depot site an alternative stockpile site will need to be found.

Timeline - In relation to part 4 of MIN17.323 funding is required to deliver this project within the timeline identified, otherwise Council will need to reconsider the timeline and / or the status quo remains – i.e. the Croquet Club remain at Milton Showground.

Strategy and Assets Committee – Tuesday 19 September 2017

Page 109

SA17.253 Hoarding and Domestic Squalor

HPERM Ref: D16/314344

Group: Planning Environment & Development Group

Section: Environmental Services

Attachments: 1. Procedure for Handling Cases of Hoarding And Squalor ⇩

2. Case Study 1 (Confidential - councillors information folder)

3. Case Study 2 (Confidential - councillors information folder)

4. Case Study 3 (Confidential - councillors information folder)

5. Case Study 4 (Confidential - councillors information folder)

Purpose / Summary

To inform Council of

· the increased number of Hoarding and Squalor complaints being received;

· the issues being faced by Council Officers in resolving these complaints; and

· to seek Council’s endorsement of a procedure to guide Council’s response.

Recommendation (Item to be determined under delegated authority)

That the Committee:

1. Adopt the attached procedure for dealing with complaints concerning hoarding and/or squalor.

2. Support in principle the formation of a local inter-agency forum on hoarding and squalor.

3. Consider allocating a budget of $50,000 per annum in future financial years, to be used for emergency clean-up of hoarding and squalor, pollution incidents including water and land pollution, orphan waste and the like.

Options

1. As recommended.

Implications: This will supprt Council officers in responding to complaints. Allocation of a budget will mean that Council can implment clean-up action where necessary.

2. No change by Council in dealing with these complaints, i.e. utilising punitive measures only, against the property owners or occupants, in attempting to resolve the problem.

Implications: These intractable complaints are likely to be long term, consume considerable resources and potentially remain unresolved, where Council does not have a budget to implement clean-up works where required. In some instances it is probable that adverse health outcomes and dissatisfaction on behalf of complainants is likely because the situation remains unresolved.

3. Council adopt recommendations 1 and 2 above which will lead to a more positive outcome for the complainants and hopefully the offender(s).

Implications: A cost to Council which it may well not be able to recover.

There is a distinct possibility that the conditions will recur and the process may need to be repeated.

Executive Summary

All property owners have an obligation to maintain their land and premises in a safe and healthy condition, although as indicated in this report the challenges and complexity increases significantly where hoarding behaviour is the reason for the poor condition of a premises.

It is important to understand the limitations and definitions relevant to the difference between storing and hoarding of materials on a property, and the circumstances in which Council may become involved. There are no specific guidelines that address the amount of materials or the manner in which they are stored at a domestic residential property. Council may become involved if the storage activity is associated with the operation of a business, or if the volume of material and manner in which it is stored impacts on public health, safety or amenity. Extreme examples of the accumulation of materials at residential premises is generally described as hoarding.

This report focuses on domestic hoarding by individuals on a residential premises and not the accumulation of material associated with the operation of a business or commercial activity. Recent, ongoing cases of hoarding and / or squaller and the background relating to them have been provided in the Councillors Information Folder. These case studies give different examples of cases Environmental Health Officers are currently working on and the nature of hoarding commonly experienced in the community.

Background

When an individual acquires and fails to discard large numbers of possessions, which appear to be of very little value, this is often described as hoarding. The accumulation can result in cluttered living areas which prohibits the use of areas of the home or property. The individual affected will often experience significant distress at the thought of removing the items.

The most severe cases whereby hoarding impacts upon the adjoining neighbourhood are generally described as squalor. Squalor can be defined as the situation in which an individual’s home is unclean and unhygienic. This is often due to the accumulation of useless items, rubbish, dirt or putrescible matter, resulting in unacceptable living conditions.

The relevant legislative framework available to address hoarding was considered by the NSW Parliamentary Committee on Environment and Regulation Inquiry into the Management and Disposal of Waste on Private Lands in 2014. The terms for reference for the Inquiry included a focus on:

(a) The health and safety risks posed by inadequate management and disposal of waste, overgrowth and excess vegetation, pests and odour;

(b) The effectiveness of current regulatory arrangements and powers to compel clean-ups on private land and manage derelict buildings;

(d) Possible measures to improve the management of waste on private land;

(e) The extent of illegal, dumping and the impact on local government authorities of requirements to remove dumped waste; and

(f) Any other related matters

The following extracts from the Chair’s Forward highlight the challenges and complexity of domestic hoarding and squalor.

“…as our inquiry progressed it became clear that one aspect of private land management over which there has been considerable debate about the need for greater regulation may not be amenable to regulation in the first instance or at all. I am referring to domestic hoarding and squalor which is the result of a landowner’s incapacity, whether mental, physical, aged or financial, to manage their own property in their own best interests, let alone those of their neighbours.”

“The domestic hoarding and squalor cases which were brought to the attention of the

Committee, by both affected neighbours and by advocates for landowners whose activities had come to the attention of regulators, were in the end so personal and potentially distressing that we resolved to redact from published submissions any information which identified private property…”

“… the local governments who made submissions and gave evidence generally made concerted bids for more effective and streamlined regulatory powers to govern waste on private lands. The Committee detected a significant level of frustration amongst councils caught between the competing demands of some landowners for their neighbours to clean up their land and other landowners resistant to any level of outside interference in the way they enjoy their private properties.”

“Councils felt that their discretion regarding different approaches to private land management questions is detracted from a lack of legislative clarity. They felt that clear legislative definitions and guidelines would assist them and the public to better implement and understand waste management with the objective of producing quicker and less costly results.”

“…the Committee heard from councils, the community sector and private citizens that where hoarding and squalor was evident, regulatory interventions often had a negative impact on the problem, and that a social approach with state-wide application was required. The Committee has recommended that protocols be developed to achieve this state-wide and potentially national approach.”

Domestic hoarding and squalor was identified through the Inquiry as a particular problem that requires a more holistic approach to finding a solution rather than legislative reform. Evidence provided to the Inquiry came from representatives of local government, social and clinical services. The Committee found domestic hoarding and squalor is a significant and complex issue for householders, neighbours, Councils, government agencies and other organisations across NSW, which requires a sophisticated and holistic interagency response in a broader social context rather than just a regulatory one.

The 2014 Parliamentary Committee’s findings have not resulted in any change to the legislation. This may occur if and when changes are made to the current Local Government Act.

Responding to Complaints about Hoarding

Council officers generally become involved with hoarding and squalor matters when the condition of a premises is considered to pose a risk to public health or safety or is regarded as being unsightly.

Council can deal with requests about the condition of properties under the section 124 Orders provisions of the Local Government Act in the following ways:

Order no.10 of this section of the Act can be issued “To remove or stack articles or matter, to cover articles or matter, to erect fences or screens or to plant trees, this applies when,” Land is in the immediate vicinity of a public place and is used for the storage of articles or matter so as to create or be likely to create unsightly conditions”.

Order no.11 can be issued “To do or to refrain from doing such things as are specified in the order to prevent environmental damage, to repair environmental damage or to prevent further environmental damage”. This applies when, “Work carried out on land has caused or is likely to cause environmental damage, being damage to the physical environment that is caused by:

(a) drainage, or

(b) drainage works, or

(c) obstructing a natural watercourse other than by a work constructed or used under a water management work approval granted under the Water Management Act 2000,”

Order no. 21 can be issued to, “To do or refrain from doing such things as are specified in the order to ensure that land is, or premises are, placed or kept in a safe or healthy condition”. This applies when, “The land or premises are not in a safe or healthy condition”.

Order 21A can be issued to, “To remove or dispose of waste that is on any residential premises or to refrain from keeping waste on those premises”. This applies when,” The waste is causing or is likely to cause a threat to public health or the health of any individual”.

Unfortunately, the ability or capacity for owners or occupiers to comply, or pay the costs associated with a clean-up direction is limited when hoarding behaviour or squalor is a factor. Officers do their best to manage the sensitivities and challenges arising from social factors and in most situations Council may need to undertake works with the hope of recovering these costs in the future. In addition, if property owners or occupiers do not receive any assistance or support in relation to hoarding behaviour, the problem will continue and Council will receive continuing requests from affected neighbours to take action.

Clean-up costs can range from a few thousand dollars to tens of thousands of dollars. In a recent hoarding example, Council expended $12,000 for the clean-up of accumulated materials external to a dwelling. Approximately thirty-nine (39) tonnes of matter was removed from the site with a majority of the materials being able to be recycled which kept disposal costs to a minimum. The cost was subsequently recouped from the occupier. Regrettably, as can be seen from the attached report, the situation has since recurred.

If Council proceeds to undertake works necessary to make a premise safe and healthy (because an owner or occupier does not have the capacity or willingness to do so), it is unlikely costs will be recovered in the short term. Costs can be charged against a property but are not likely to be recovered until the property is sold. This can be a significant financial burden on both the property owner and Council.

There are currently several cases of domestic hoarding and squalor being actively investigated by Council Officers, with some cases extending over years. Some of the cases involve residences where a problem has been previously addressed, only to see it return to the previous state over time. In all these circumstances it is important to consider the frustration of adjoining neighbours who have to endure potential odour and vermin problems generally which can be associated with hoarding or squalor cases.

Council’s Community Development team will provide assistance to Environmental Health Officers in the hope of connecting individuals to support services which may be able to provide assistance. A resource information kit is also available, listing welfare and government agencies able to assist. It is hoped that this resource and assistance options can be provided to property owners either prior to or as part of a regulatory response. The challenge for Council officers is that even if assistance is offered the services generally cannot be provided unless the property owner or occupier requests or agrees to the assistance.

External organisations that may become involved in issues relating to hoarding and squalor include:

Family and Community Services

NSW Health

NSW Fire brigade

RSPCA NSW

Non-Government Organisations such as Catholic Community Services.

Internally the Waste Services Unit, Community Development team and the Environmental Health Unit all play a role in responding to complaints about the condition of premises resulting from domestic hoarding issues and are well aware of the need to respond in a coordinated way. Notwithstanding these efforts, it is a challenge as to how these cases can best be resourced. It is also arguable that Council Officers are not best placed to assist with matters relating to hoarding behaviours and that the State Government should take a leading role in these cases.

Conclusion

All property owners have an obligation to maintain their land and premises in a safe and healthy condition, although as indicated in this report the challenges and complexity increase significantly where hoarding behaviour is the reason for the poor condition of a premises.

Council Officers generally become involved with hoarding and squalor matters when the condition of a premises is considered to pose a risk to public health or safety. Unfortunately, the ability or capacity for owners or occupiers to comply with a clean-up direction is limited when hoarding behaviour or squalor is a factor.

Council Officers do their best to manage the sensitivities and challenges arising from these complaints. In most situations Council may need to undertake works with the hope of recovering these costs in the future. In addition, if property owners or occupiers do not receive any assistance or support in relation to hoarding behaviour Council will likely receive continuing requests from affected neighbours to take action.

The NSW Parliamentary Committee on Environment and Regulation Inquiry into the Management and Disposal of Waste on Private Lands reported its findings in June 2014. The Committee recommended that the NSW Government provide a response by the end of 2014 but to date there has been no development in this area by the NSW Government. It was envisaged that the Government would provide further clarity in relation to the role of Councils and other agencies, and the non-regulatory options proposed to manage hoarding and squalor cases in a more holistic manner.

A specific process for responding to hoarding and squalor including a multi-agency approach to individual case management is required. Some regions have already established reference groups to bring key agencies together to try and resolve such cases however results are hindered by the lack of clear inter-agency guidelines, protection of privacy, lack of resources, lack of a lead agency.

It is therefore recommended that Council seek to establish a local inter-agency forum or reference group on hoarding and squalor to improve assistance that can be offered to property owners/occupiers and improve the effectiveness of Council’s repsonse.

Emergency Funding

Hoarding and squalor is only one area where properties, whether private or public may need to be cleaned up in the first instance and the costs associated with doing so recovered from offenders in due course.

Other examples are the dumping of asbestos in public places, demolition of derelict buildings where the owners are not contactable, water pollution incidents where it is imperative to act quickly to limit environmental harm or land pollution where dumping occurs and due to the nature of the waste, clean-up needs to be conducted quickly to prevent the spread of the waste or to limit the spread of the contamination.

Recent examples of these works include:

· Ulladulla Headland landslip on public land, Asbestos Clean-up Costs - $10,000

· Demolition of two derelict asbestos clad buildings Huskisson - $30,000 each

· Clean up of hoarding property Sanctuary point - $15,000

It has long been recognised that a budget needs to be created to allow Council to respond as the need arises. It is recommended that Council consider allocating $50,000 per annum to the Planning Environment and Development Group in future budgets.

Community Engagement

N/A

Policy Implications

Council Environmental Health Officers have been utilising the attached procedure to guide Council’s response to complaints of hoarding and squalor.

Financial Implications

Funds to be made available to cover the cost of cleaning up properties, whether private or public. This funding also needs to cover the costs incurred for disposal of waste.

Such charges will subsequently be recovered, albeit over the long term from property owners by either charges against the property, recovery under the Protection of the Environment Operations Act, Environmental Trusts orphan waste fund, litigation or debt recovery.

Risk Implications

If Council takes no action, complainants will be dissatisfied, also there may be associated ongoing public health risks.

Researchers Forum	Tuesday 24 October	$325
Industry Forum	Tuesday 24 October	$325
Disruption & Innovation	Wednesday 25 October	$650
Catalysing Change	Thursday 26 October	$650
Study Tour – Flinders Range	Friday 27 October – Saturday 28 October	$675
Study Tour – Clare Valley	Friday 27 October – Saturday 28 October	$475

Forum (24 Oct) + Disruption & Innovation (25 Oct)	$900
Disruption & Innovation (25 Oct) + Catalysing Change (26 Oct)	$1,095
Forum (24 Oct) + Disruption & Innovation (25 Oct) + Catalysing Change (26 Oct)	$1,295

Mayoral Welcome Cocktail Function	Tuesday 24 October	$10
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Lessee	Shoalhaven Community Pre-School
Lessor	Shoalhaven Street (R1003208) Reserve Trust
Premises	Lot 7034 in DP1031852, 39 Shoalhaven Street, Nowra
Term	5 years
Option	5 years
Assessed Market Rent	$68,520 plus GST per annum
Subsidised Rent Payable	Year 1 = $2,127.54 plus GST (30% of 90% subsidy) Year 2 = $4,255.09 plus GST Year 3 = $7,091.82 plus GST With CPI increases from the end of Year 3 to expiration of initial term, payable monthly in advance
Application of Rent Assessment Policy	Rental subsidy = 90% (from Year 3 onwards)
Rent Review	Annually by CPI
Percentage of Outgoings	100%, outgoings refers to all charges for gas, electricity, telephone and any water usage, garbage or sanitary rates or user charges relating to the Lessee’s use of the Premises.
Permitted Use	The operation of a Community Based Preschool and all activities incidental thereto
Public Risk Insurance	Twenty million dollars ($20,000,000.00)

Lessee	Lyrebird Preschool Kindergarten Incorporated
Lessor	Shoalhaven City Council
Premises	Lot 2 in Deposited Plan 545375 at 101 Jervis Street, Nowra
Term	5 years
Option	5 years
Assessed Market Rent	$54,600 plus GST per annum
Subsidised Rent Payable	Year 1 = $1,695.30 plus GST (30% of 90% subsidy) Year 2 = $3,390.60 plus GST Year 3 = $5,651.00 plus GST With CPI increases from the end of Year 3 to expiration of initial term, payable monthly in advance
Application of Rent Assessment Policy	Rental subsidy = 90% (from Year 3 onwards)
Rent Review	Annually by CPI
Percentage of Outgoings	100%, outgoings refers to all charges for gas, electricity, telephone and any water rates and usage, garbage or sanitary rates or user charges relating to the Lessee’s use of the Premises.
Permitted Use	The operation of a Community Based Preschool and all activities incidental thereto
Public Risk Insurance	Twenty million dollars ($20,000,000.00)

Issue:	Why no consultation was undertaken when the Scout Hall was handed over to the Culburra Beach Orient Point Men’s Shed
Staff Comments:	No DA was required as it was an exisiting building with a continued general community use. The intent to lease to the Culburra Beach Orient Point Men’s Shed was advertised in May 2015 following a resolution of Council and placed on notice boards in the area. No objections were received.
Issue:	The first shipping container has changed existing use rights
Staff Comments:	No, the first shipping container was approved via a DA in mid 2014
Issue:	“..allowed to escape the necessary toilet facilities…”
Staff Comments:	It is an exisiting building and has not been renovated triggering a requirement to bring the building up to current BCA requirements.
Issue:	Taken over under the pretext of repairing the original shed
Staff Comments:	Following the folding of the Scouts an EOI for the occupation of the property was run in March 2015 with only one application, that being the Culburra Beach Orient Point Men’s Shed
Issue:	Poor stormwater controls with severe erosion problems
Staff Comments:	Council’s Environmental Services Section has no evidence of erosion concerns ever being raised for this location

Tenderer	Location
COLAS	Cameilla NSW
Downer Edi	Mogo NSW
Fulton Hogan	Campbelltown NSW
Roadworx	Unanderra NSW
Rural Bitumen Services	Nowra NSW
State Asphalt Services	Hoxton Park NSW