Agenda of Strategy and Assets Committee

Strategy and Assets Committee

Meeting Date: Tuesday, 21 November, 2017

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

Time: 5.00pm

Membership (Quorum - 5)

Clr John Wells - Chairperson

Clr Bob Proudfoot – Deputy Chairperson

All Councillors

General Manager or nominee

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

Agenda

1. Apologies / Leave of Absence

2. Confirmation of Minutes

· Strategy and Assets Committee - 17 October 2017.................................................... 1

3. Declarations of Interest

4. Mayoral Minute

5. Deputations and Presentations

6. Notices of Motion / Questions on Notice

SA17.271.... Notice of Motion - Illegal Camping - Red Head Villages Beaches................ 9

SA17.272.... Question on Notice - Container Deposit Scheme........................................ 11

7. Committee Reports

SA17.273.... Report of the Shoalhaven Traffic Committee - 3 November 2017.............. 12

TC17.81...... Regulatory Signage and Line Marking - Plunkett Street and Haigh Avenue, Nowra (PN 3404)

8. Reports

SA17.274.... Update with External Organisations............................................................. 14

SA17.275.... Community Led Strategic Plans .................................................................. 17

SA17.276.... Code of Conduct Complaints - Annual Statistics Report - 1 September 2016 - 31 August 2017.................................................................................................. 23

SA17.277.... Review of Council Policy - Fee Waivers, Subsidies and Support .............. 27

SA17.278.... Grant Funding - Staying Active Program - Shoalhaven Swim & Fitness.... 28

SA17.279.... Donation Request - Shoalhaven Heads Chamber of Commerce & Tourism - New Years Eve Fireworks.................................................................................... 50

SA17.280.... 2018 Australian Coastal Councils Conference ........................................... 54

SA17.281.... Council Representatives of other Committees or Organisations Outside of Council - Australian Coastal Councils Association Inc................................................ 40

SA17.282.... September 2017 - Quarterly Budget Review............................................... 41

SA17.283.... Proposed Lease to Kids Korner 23 -25 Park Road Nowra.......................... 61

SA17.284.... Telecommunications Lease - NBN Co Limited - Shoalhaven Heads.......... 64

SA17.285.... Reservation of unformed roads by National Parks and Wildlife Service - Roads South of The Wool Road, Vincentia........................................................................ 68

SA17.286.... Release of Restriction on the use of land - 124 - 126 Jacobs Drive Sussex Inlet...................................................................................................................... 71

SA17.287.... Objection- Sale of Council Land - 10 Jopejija Cres, Culburra Beach.......... 73

SA17.288.... Acquisition - Drainage Easement - Woollamia - Pt Lot 196 DP 15266 - 10 Pritchard Ave................................................................................................................ 82

SA17.289.... Water Quality in Harry Sawkins Park & Marriott Park................................. 84

SA17.290.... Biodiversity Conservation Act - Resource Recovery Park - Retiring Credits 87

SA17.291.... Statement of Expectations - Roads to Recovery Program.......................... 94

SA17.292.... Drainage Options - 2 to 28 Prince Edward Ave Culburra Beach............... 103

SA17.293.... Policy Review - POL16/233 - Compliance and Enforcement Policy......... 105

SA17.294.... Council options for reducing impacts of wood smoke............................... 116

SA17.295.... Improving Your Parks and Environment - Shoalhaven River Bank Restoration 123

SA17.296.... CL17.225 - Collingwood Beach Dune Vegetation Management - Deferred from August Ordinary - Ministers Response...................................................... 125

SA17.297.... Shoalhaven River Levee Flood Damage Restoration 2017 project - Department of Industry - Lands & Forestry Offer of Licence to work at Crown Lands property 135

SA17.298.... Acquisition of Sewerage Easement at 300 Kings Point Drive Ulladulla.... 147

SA17.299.... Grant of electricity easement over Council land at Terara........................ 150

SA17.300.... NSW Local Government Aboriginal Network Conference 2017................ 153

9. Confidential Reports

Reports

CSA17.16.... Request to Waive Fees for Approval to Operate a System of Sewage Management

Local Government Act - Section 10A(2)(a) - Personnel matters concerning particular individuals (other than Councillors).

Local Government Act - Section 10A(2)(b) - Discussion in relation to the personal hardship of a resident or ratepayer.

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal an individual’s personal information or contravene an information protection principle under the Privacy and Personal Information Protection Act 1998 or a Health Privacy Principle under the Health Records and Information Privacy Act 2002.

Minutes of the Strategy and Assets Committee

Meeting Date: Tuesday, 17 October 2017

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

Time: 5.05pm

The following members were present:

Clr John Wells - Chairperson

Clr Joanna Gash

Clr Patricia White

Clr Nina Cheyne – arrived 5.06pm

Clr Annette Alldrick – arrived 5.10pm

Clr Amanda Findley – arrived 5.08pm

Clr John Levett – arrived 5.08pm

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 and Clr Gartner

Confirmation of the Minutes

Note: Clr Cheyne arrived at the meeting 5.06pm

RESOLVED (Clr White / Clr Pakes) MIN17.903

That the Minutes of the Strategy and Assets Committee held on Tuesday 19 September 2017 be confirmed.

CARRIED

Declarations of Interest

Nil

Notices of Motion / Questions on Notice

SA17.258 Notice of Motion - Climate Leadership Conference

HPERM Ref: D17/327364

Note: Clr Findley and Clr Levett arrived at the meeting 5.08pm

Note: Clr Alldrick arrived at the meeting 5.10pm

Note: Clr Gartner has submitted a late apology.

Recommendation (Item to be determined under delegated authority)

That the Climate Leadership Conference, (http://climateleadership2018.com.au/) to be held in Sydney 15-16 March 2018, be added to conferences available for councillor attendance.

RESOLVED (Clr Findley / Clr Levett) MIN17.904

That Council:

1. Notes the details of the Climate Leadership Conference scheduled for 15-16 March 2018 in the Dockside Convention Centre, Sydney.

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

SA17.259 Notice of Motion - Shoalhaven Neighbourhood Services - Solar Panels

HPERM Ref: D17/332439

Recommendation (Item to be determined under delegated authority)

That Council;

1. Acknowledge the grant of $10,000.00 from Powershop Pty Ltd to Shoalhaven Neighbourhood Services for installation of solar PVC panels.

2. Support the installation of solar PVC panels on council property 81 Osborne St Nowra, currently leased for 10 years to Shoalhaven Neighbourhood Services.

3. Keep the panels in situ for their useable life, generally 20 -25 years.

RESOLVED (Clr Wells / Clr Gash) MIN17.905

That Council:

1. Acknowledge the grant of $10,000.00 from Powershop Pty Ltd to Shoalhaven Neighbourhood Services for installation of solar PVC panels.

2. Support the installation of solar PVC panels on council property 81 Osborne St Nowra, currently leased for 10 years to Shoalhaven Neighbourhood Services, subject to compliance with SEPP (Infrastructure) 2007.

3. Keep the panels in situ for their useable life, generally 20 -25 years.

CARRIED

SA17.260 Notice of Motion - Callala Beach Shared Pathways

HPERM Ref: D17/332618

Recommendation

That Council:

1. Provide $25,000 to the Callala Beach Progress Association for the completion of the Callala Beach to Myola share pathway prior to Christmas 2017.

2. Funding to be allocated from:

a. $10,000 project allocation 2017/18 Community pathway funding

b. $10,000 project allocation 2018/19 Community pathway funding

c. $ 5,000 Quarterly review September

d. Or an alternative revenue source

3. Council to assist with the survey of the centre line of the path for the construction purposes.

4. Council thank and congratulate the Callala Beach Progress Association for going above and beyond in making this project a success, with the end result being a truly unique piece of community infrastructure.

Recommendation (Clr White / Clr Pakes)

That Council:

1. Provide $25,000 to the Callala Beach Progress Association for the completion of the Callala Beach to Myola share pathway prior to Christmas 2017.

2. Funding to be allocated from:

a. $10,000 project allocation 2017/18 Community pathway funding

b. $10,000 project allocation 2018/19 Community pathway funding

c. $ 5,000 Quarterly review September

d. Or an alternative revenue source

3. Council to assist with the survey of the centre line of the path for the construction purposes.

CARRIED

Reports

SA17.261 State Emergency Services Support - Funding Sources / costs - Report Request - staged approach - 2017 Floodplain Management Australia National Conference

HPERM Ref: D17/332897

Recommendation (Item to be determined under delegated authority)

That:

1. That Council receive the report for information;

2. That council acknowledge that the SES is the combat agency for flood events;

3. That council will continue to work with SES to improve services, capacity and community education through various means and within council budgets as set out in this report

RESOLVED (Clr Gash / Clr Kitchener) MIN17.906

That Council:

1. Receive the report for information;

2. Acknowledge that the SES is the combat agency for flood events;

3. Will continue to work with SES to improve services, capacity and community education through various means and within council budgets as set out in this report

CARRIED

SA17.262 Public Policy for Review - Councillor & Staff Interaction Policy

HPERM Ref: D17/334124

Recommendation (Item to be determined under delegated authority)

That the public policy, Councillor & Staff Interaction Policy, be adopted with minor changes as indicated in Attachment 1.

RESOLVED (Clr Findley / Clr Gash) MIN17.907

That the public policy, Councillor & Staff Interaction Policy, be adopted with minor changes as indicated in Attachment 1, and revision of the 2^nd point at Section 2 to read “staff understanding the decision making processes of the Council”

CARRIED

SA17.263 NSW Coastal Conference 2017 - Port Stephens

HPERM Ref: D17/332793

Recommendation (Item to be determined under delegated authority)

That Council:

1. Notes the details of the NSW Coastal Conference scheduled for 8-10 November 2017 in Port Stephens, 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.

RESOLVED (Clr Findley / Clr Wells) MIN17.908

That Council:

1. Notes the details of the NSW Coastal Conference scheduled for 8-10 November 2017 in Port Stephens, NSW.

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

3. Meet the Travel, registration fees, accommodation and all reasonable out-of-pocket expenses 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

SA17.264 Acquisition - Drainage Easement - Woollamia - Pt Lot 196 DP15266 -10 Pritchard Avenue

HPERM Ref: D17/300498

Recommendation

That Council:

1. Resolve to acquire a 6 metre wide by 150 metre length Easement for Drainage over part of Lot 159 DP15266 at 10 Pritchard Avenue, Woollamia, as shown in Attachment 1;

2. Pay compensation of $29,000 plus GST (if applicable) including all ancillary and reasonable legal costs associated with the acquisition, in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, from job number 85001; and

3. Grant authority to affix the Common Seal of the Council of the City of Shoalhaven to any documents required to be sealed and the General Manager be authorised to sign any documentation necessary to give effect to the resolution.

Recommendation (Clr Proudfoot / Clr White)

That Council:

1. Resolve to acquire a 6 metre wide by 150 metre length Easement for Drainage over part of Lot 159 DP15266 at 10 Pritchard Avenue, Woollamia, as shown in Attachment 1;

CARRIED

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

SA17.265 Classification of Land - Lot 310 DP1234415 Kooyonga Close Mollymook Beach

HPERM Ref: D17/304290

Recommendation* (Clr Watson / Clr Pakes)

That Council resolve to classify the land described as Lot 310 DP1234415 Kooyonga Close Mollymook Beach as Operational Land.

CARRIED

SA17.266 Adoption of Town Street Tree Planting Strategy Policy

HPERM Ref: D17/290194

RESOLVED* (Clr Watson / Clr Pakes) MIN17.909

That Council adopt the minor changes in the Town Street Tree Planting Strategy as set out in this report.

CARRIED

SA17.267 Indian (Common) Myna Bird Programme

HPERM Ref: D17/242470

RESOLVED* (Clr Watson / Clr Pakes) MIN17.910

That the Committee

1. receive the report for information and note that council’s website will be uploaded with information & links as time & resources permit;

2. Utilise available options to distribute and promote the ‘Grow me Instead’ brochure.

CARRIED

SA17.268 External Request - Support/Consent to declare Shoalhaven as a Fossicking District

HPERM Ref: D17/297765

RESOLVED* (Clr Watson / Clr Pakes) MIN17.911

That Council writes to NSW Department of Industry to advise that Council consents to the Shoalhaven Local Government Area being declared as a fossicking district.

CARRIED

SA17.269 Request - Refund DA Fees - Berry Chamber of Commerce & Tourism Associated - DA17/1732 & DA17/1733 - 2 Berry Township Information Signs

HPERM Ref: D17/323477

Recommendation (Item to be determined under delegated authority)

That in accordance with the Committee’s delegated authority from Council, the Committee vary Policy POL17/10 and refund the development application and associated fees identified in the report for the Berry township information signage.

RESOLVED (Clr Wells / Clr Proudfoot) MIN17.912

That Council reimburse the Berry Chamber of Commerce and Tourism the Development application and associated fees totalling $1,802.45 for the Berry Township Information Signs (DA17/1732 and DA7/1723), and that the reimbursement be funded from the Unallocated Donations budget.

CARRIED

Procedural Motion - Matters of Urgency

PROCEDURAL Motion (Clr Cheyne / Clr Findley)

That an additional item regarding Sporting Field Fees be introduced as a matter of urgency.

CARRIED

The Chairperson ruled the matter as urgent as there is a wide concern from residents and sporting groups.

SA17.270 Additional Item - Shoalhaven Sporting Fees

Motion (Clr Cheyne / Clr Findley)

That Council:

1. Abandon the current proposal to charge additional fees to Shoalhaven Sporting groups.

2. Use the current draft to continue discussions with ALL sporting codes as a conversation starter on how we can all work together to improve sports facilities for the benefit of all Shoalhaven residents.

3. Include from the rates increase $500k to the upgrade of our sporting fields

Amendment (Clr Watson / Clr Kitchener)

That Council:

1. Abandon any consideration of the imposition sporting field user fees and the General Manager not place this on the Agenda for the next 10 years

2. Include from the rates increase $500,000pa to the upgrade of our sporting fields

AMENDMENT carried

For: Clr Wells, , Clr Gash, Clr White, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot

Against: Clr Cheyne, Clr Alldrick, Clr Findley, Clr Levett and Russ Pigg

PROCEDURAL Motion (Clr Watson / Clr Proudfoot)

That the FURTHER AMENDMENT be PUT to the MOTION.

carried

Recommendation (Clr Watson / Clr Proudfoot)

That Council:

1. Abandon any consideration of the imposition sporting field user fees and the General Manager not place this on the Agenda for the next 10 years

2. Include from the rates increase $500,000pa to the upgrade of our sporting fields

CARRIED

For: Clr Wells, Clr Gash, Clr White, Clr Cheyne, Clr Alldrick, Clr Findley, Clr Levett, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot

Against: Russ Pigg

There being no further business, the meeting concluded, the time being 6.07pm.

Clr Wells

CHAIRPERSON

Strategy and Assets Committee – Tuesday 21 November 2017

Page 14

SA17.274 Update with External Organisations

HPERM Ref: D17/376056

Group: General Manager's Group

Purpose / Summary

To report to Council the proceedings from the Country Mayors Association meeting held on 3/11/2017.

Recommendation (Item to be determined under delegated authority)

That Council receive the report regarding the proceedings from the Country Mayors Association meeting held on 3/11/2017, for information.

Options

1. As recommended.

2. Council may wish to take additional actions.

Background

The most recent meeting (AGM & Ordinary) of the Country Mayors Association was held on 3/11/2017.

The Mayor & General Manager were in attendance.

Katrina Humphries (Mayor Moree Plains Council) was re-elected Chairperson.

Speakers at the Ordinary Meeting were:

· Hon John Barilaro, MP, Deputy Premier, Minister for Regional NSW, Minister for Skills & Minister for Small Business:

o wants to rebuild relationships with local government;

o talked about the State Surplus budgets;

o spoke of significant infrastructure works & tenders;

o spoke about the “Growing local economies” Program and REDS; and

o indicated membership of JOs will be voluntary and a Bill will be introduced shortly.

o Answered questions about:

§ “chain of responsibility” / overloading of livestock transport;

§ mobile blackspots;

§ grant funding needs;

§ need for Youth employment coordinator for Shoalhaven;

§ cross-borders issue;

§ policing; and

§ PPPs.

· The Hon Melinda Pavey, MP, Minister for Roads, Maritime & Freight, spoke about:

o “Transport Plans” (just released) & Road Safety;

o public transport and autonomous vehicle trials;

o “chain of responsibility” - fines for overloading;

o red light speed cameras (none in NSW);

o various highways; and

o “betterment” will be allowed under Natural Disaster Relief Funds provided Council pays for the difference between reinstatement and betterment.

Questions from Mayor concerning:

§ access to RMS surplus land for temporary housing; and

§ future of the “old” Shoalhaven River bridge - Minister seemed to indicate the community wanted it kept?

· Margaret Crawford, Auditor-General of NSW. Presented the role of the Audit Office & spoke about:

o recent performance audits tabled in Parliament:

§ “Report on sharing school and community facilities”; and

§ “Energy rebates for low income households”.

http://www.audit.nsw.gov.au/publications/performance-audit-reports/2017-reports

o report to Parliament on local government audits will be tabled March 2018.

Questions raised re:

§ the high increase in audit fees as a result of the government legislating the NSW Audit Office as auditor;

§ treatment of RFS assets in Council financial statements; and

§ special schedule 7 & consistency across the State.

· Mark Smethurst - NSW SES Commissioner:

Basically spoke about his strategic planning to lead SES into the future, particularly relating to his volunteers reimagined program, providing more flexibility for volunteers with membership & training requirements and aims at increasing volunteers from 8,000 to 20,000 in 2 years.

He also referred to the 12 month trial of a new flood monitoring technology called DipStik - https://www.nrma.com.au/dipstik-flood-trial

The Association also passed the following resolutions:

(a) Minister for Local Government

· RESOLVED That the Premier be requested to recognise Local Government through the appointment of a Minister for Local Government that only has Local Government responsibilities (Yass Valley Council / Singleton Council).

(b) National Parks and Wildlife

· RESOLVED That the Association write to the Minister for Regional New South Wales outlining the unnecessary practice of the NPWS to purchase whole properties of large productive lands that contains some ecologically important land considered for purchase and the Minister be asked to reinforce the Upper House Enquiry into the use of Productive Land and the issue of buyer security offsets of mining land (Carrathool Shire Council / Tenterfield Shire Council).

(c) Truck Washes

· RESOLVED That the Country Mayors Association of NSW requests the State Government to provide additional funding to fund Truck wash facilities around the State of NSW that will allow these much needed developments to occur in the best interest of bio-security, the environment and traffic safety (Goulburn Mulwaree Council / Yass Valley Council).

(d) Red Gum Forestry Industry

· That NSW Country Mayors Association lobby the State and Federal Governments to make the legislative and regulatory amendments as are necessary to enable the re-establishment of a sustainable red gum forestry industry in the recently proclaimed National Park forests especially in the Murray River Council and adjacent Council areas. (Murray River Council / Carrathool Shire Council).

(e) Recycling

· RESOLVED That the Association seek urgent advice from the Minister for Local Government to the suggested emerging market crisis for the recycling industry that China is not an option for buying recycled products and the issues for NSW (Singleton Council / Gilgandra Shire Council).

(f) Transport Strategy 2056

· RESOLVED That the Association request the Minister for Transport and Infrastructure to extend to February 18 2018 the closing date for the Transport Strategy 2056 as there has been minimal consultation and there is a need for input from associated plans such as the Ports Plan and Tourism Plan (Yass Valley Council / Parkes Shire Council).

(g) FAG Grants

· Lithgow City Council would like listed at the next meeting the reduction in the per capita component of the grant being reduced from 30% to 14%.

(h) Forestry Corp Unrateable Land

· A meeting of rural mayors are meeting in collaboration with LGNSW with the State Government this afternoon. Oberon Shire Council will report back to the next meeting.

Strategy and Assets Committee – Tuesday 21 November 2017

Page 17

SA17.275 Community Led Strategic Plans

HPERM Ref: D17/363920

Group: General Manager's Group

Section: Executive Strategy

Attachments: 1. Conjola District Strategic Action Plan 2014-2030 (under separate cover) ⇨

2. Sussex Inlet & District Strategic Action Plan 2015-2030 (under separate cover) ⇨

Purpose / Summary

Provide details of the existing Community Led Strategic Plans that have been received by Council, from the community. Enable Council to recognise these plans as part of Council’s overall community engagement strategy for Council’s corporate planning framework process.

Recommendation (Item to be determined under delegated authority)

That:

1. Council recognise the following Community Led Strategic Plans:

· Shoalhaven Heads Community Strategic Plan

· Berry Community Strategic Plan

· Lake Conjola Strategic Plan

· Sussex Inlet Resilience Plan

2. Council develop a Community Led Strategic Planning framework and guide (including templates) to assist in the development of community led plans

3. As part of this framework and guide Council clearly communicate the expectations of Council in relation to the planning process.

4. This communication process explains what can and cannot be achieved through plans including Council recognition, resource allocation, limitations, clarification of support or agreement with actions and that plans do not guarantee funding.

5. Council use Community Led Strategic Plans to assist in determining community priorities and community needs as part of its overall community engagement strategy particularly for the corporate process carried out each year.

6. All Community Led Strategic Plans be provided on Council’s website and to relevant staff within Council.

Options

1. Adopt the recommendation as printed

Implications: This will support the work that has already been carried out by the community and provide a consistent approach for any future community plans that may be received by Council. The community expects that their plans be received and considered by Council. A number within this list have already been endorsed by Council and in some cases provided funding.

It is important that the community understands how these plans fit within Council’s existing corporate planning system and have a guide on how such plans can be created.

It also needs to be communicated to the community the role these plans play and the expectations that can and cannot be met. Adopting an alternative recommendation that does not include these components may create false expectations that cannot be met by Council.

2. Adopt a different recommendation

Background

Community Led Planning is a community engagement and strategic planning technique where the community undertake a discussion and consultation with their own community and develop a plan. Community Led Planning is popular in the UK where regional councils utilise community networks to develop plans for their own communities. The technique has also been used in New Zealand and to a lesser degree in Victoria, Australia.

Shoalhaven City Council is one of a few Councils that recognises and supports this type of process and one of a few Councils in NSW with such an active Community Consultative Body network.

Several Shoalhaven communities have undertaken various forms of community led planning, which has resulted in the development of community strategic plans for particular towns and villages. Each plan has been carried out in a different way and contains different, themes, actions and focus. Most have used consultant or other external facilitator to assist in the community engagement process and development of the plan. All plans have demonstrated detailed community engagement has been undertaken. Not all plans have had complete community agreement, but most of community have supported the outcome of the final plans.

Plans that have been finalised and provided to Council include:

· Shoalhaven Heads Community Strategic Plan: The first strategic plan in the LGA. Created by the community with the assistance of a local consultant (Locale). This plan sets out a number of themes and actions are to be carried out by the community. It also contains some actions that could be carried out by Council and other government departments. This plan has already been endorsed by Council and received an allocation of $80,000 for implementation. The focus of this plan is on infrastructure, tourism, planning, community development, streetscape, heritage and the riverfront. Council staff were involved in the implementation of the plan and provided some support to the implementation working group (organised through the CCB). A number of actions within this plan are now complete. The plan is being implemented through the Shoalhaven Heads CCB.

· Berry Community Strategic Plan: This plan was created by the community with the assistance of a consultant (Locale). The plan was created as a result of the bypass and received joint funding from both the RMS and Council. This plan has already been endorsed by Council. The plan is being implemented by the community through working committees of the Berry Forum. Technical advice has been sought from staff within Council in relation to specific council related projects. No specific funding has been provided for implementation. Some funding that was remaining from the development process was reallocated to projects within the plan.

· Conjola District Strategic Action Plan 2014-2030 (Attachment 1): This plan was created through a research process undertaken by Griffith University in conjunction with Council. The researchers assisted the community through the provision of a framework and assistance with workshops and other advice to develop a draft plan which was then exhibited to the community. The CCB took carriage of the process once the University was no longer involved. This plan focuses on community resilience particularly in emergency management and climate adaptation. The plan has several actions within it which may not be supported by Council however the plan sets a good framework for the community to work on and actions that they can achieve/advocate for. The implementation of this plan is being carried out by the Lake Conjola CCB through project working groups. This plan has been received by Council but has not yet been officially recognised. Part of the purpose of this report is to gain recognition of this plan by Council.

· Sussex Inlet & District Strategic Action Plan 2015-2030 (Attachment 2): This plan was also created by the community with the support of Griffith University and Council. The process involved the Sussex Inlet CCB and representatives from many of the other community groups and service providers within the Sussex Inlet area and surrounds. The plan sets out actions that the community can implement and provides guidance for Council in some areas. This plan is being implemented by a working party consisting of representatives of the CCB and other community groups. This plan has not yet been officially recognised by Council and part of the process of this report is to ensure this now occurs.

Many CCBs and some communities without an official CCB have identified a desire to undertake community led strategic planning processes. There are several plans that are nearing completion, in draft form or starting to commence. These include:

· Hyams Beach Strategic Plan – draft completed, awaiting comments from Council staff and community

· Tomerong- draft completed some time ago but unsure of status at this time

· Basin Villages- request for information about planning process. Council staff to provide presentation at next CCB meeting. CCB are keen to commence plan

· Vincentia- community engagement was undertaken by the former Vincentia CCB Committee. Plan is awaiting resolution of a number of considerations within the Vincentia township and community. Council staff have advised both groups within Vincentia to ensure everyone is involved in any process that occurs and for issues to be resolved prior to recommitment of the planning process.

· Kangaroo Valley- initial discussions around strategic planning process being undertaken. Council staff attending forum to answer questions.

· Bawley Point – initial discussions and planning occurring

Role within Council Policy and Strategic Planning Framework

The role of these plans within Council’s planning framework, resource allocation and level of input these plans will have into Council’s decision-making process, needs to be clarified with the community. Some level of consistency and a clear message to the community also needs to be provided.

Community Led Planning is an excellent community engagement process and encourages and motivates communities to be active, inclusive and participate in activities within their neighbourhoods. However, it is important that the expectations of both the community and Council are clear before the use of this engagement method is adopted more broadly across the City.

It is recommended that Community Led Strategic Plans fit into Councils overall community engagement strategy and form part of Councils overall engagement with our community. It is also recommended that the plans be seen by Council as part of the overall community engagement process that is carried out each year for our corporate planning process (ISP). These plans would be considered along with other feedback, including the community satisfaction survey received during this process and be considered when developing objectives, activities and priorities for the ISP. Diagram 1 below shows how these plans can be integrated through the community engagement section within the corporate planning process.

Diagram One-

The plans provide an important insight into the community priorities and future direction. Many of the community plans are well into implementation stage and some actions within some plans have been completed. There is also a level of expectation from the community that many the actions within the plans will be undertaken by Council, at some time in the future.

It is recommended that further information be provided to communities undertaking or considering to undertake plans including that:

· The plans are an excellent community engagement process and tool to help communities to take ownership of their towns and villages

· The plans provide an opportunity for communities to focus on their own future directions and to clearly articulate their needs

· The plans provide a great opportunity to advocate for the needs of communities and for grant funding opportunities

· That the implementation of the plan needs to be driven by the community.

· Council will not automatically provide funding to the implementation of the plan and any actions contained within the plans need to be considered as part of Council’s ISP development.

· Individual staff members may be identified for particular issues or actions and provide input into these as required, for existing and adopted Council projects.

· The plans do not allow communities to jump ahead of other communities that may have greater need.

· The actions included in the plan may not be supported by Council.

Council does not currently have the resources to actively participate in the development of the community plans or implement all the actions contained within plans. Councils community engagement staff will continue to provide support to CCBs through the provision of advice, examples, contacts, grants opportunities and template suggestions. Council staff should not sit on the working party or be actively involved in the planning process as it needs to be community led. Advice from Council staff should be provided at the commencement of the planning project, a review of the draft undertaken and during the delivery of the plan to Council by the community.

Council has generally encouraged the development of such plans and supported the community (in kind) with development. Given the current level of community interest it is expected that the development of these plans will continue. It is therefore important that a number of considerations are undertaken by Council and a framework put in place to assist communities and also establish clear expectations and outcomes of such processes.

Community Engagement

The Community Led Strategic Planning process is an excellent community engagement method and sits within the empower level of the IAP2 Framework. This form of community engagement can build community resilience, inclusiveness, help to provide communities with goals and assist them in implementing their own plans and projects. The plans fit into Councils community engagement framework along with other methods and broader community engagement processes.

Policy Implications

The level of recognition applied to these plans will directly impact on existing Council policy and strategic planning frameworks. The recommended approach acknowledges that existing frameworks are in place including legislative requirements and that these plans best fit into the community engagement component of the corporate planning process. Adopting an alternative approach may have a number of implications for Council policy and procedures and would need careful consideration.

Financial Implications

Currently no specific funding exists for the development or implementation of the Community Led Strategic Plans. There is no allocated resource to assist in the development or implementation of the plans within Council. Assistance is currently being provided to the community as part of existing roles. Adding additional expectations, additional plans and providing communities with financial assistance for these processes would have a direct financial impact on Council.

Risk Implications

Some possible risks of the community led planning process include:

· Increased community expectations and as a result community dissatisfaction with Council

· Reputational damage

· Negative financial impacts

· Insurance considerations

· Community dissatisfaction with process or community leaders of the process

· Communities “jumping queue” a head of those with more need

Conclusion

The Community Led Strategic Planning process is an excellent community engagement tool for the community and for Council. The plans that have been produced by communities to date have been considered, well developed, involved a large number of community members and even been award winning.

The plans provide the community with direction and a “plan of action”. They are an important instrument for seeking grants, advocacy and developing community projects. Council encourages the development of these plans especially given the evidence of positive and fruitful outcomes for the community.

It remains important that considerations of the impact on resource allocation, financial assistance, future plan development, consistency, clear communication and impacts are undertaken. Each of these factors need to be more clearly articulated and developed for and with the community to ensure that this form of engagement continues positively into the future.

Strategy and Assets Committee – Tuesday 21 November 2017

Page 23

SA17.276 Code of Conduct Complaints - Annual Statistics Report - 1 September 2016 - 31 August 2017

HPERM Ref: D17/376237

Group: Finance Corporate & Community Services Group

Section: Human Resources, Governance & Customer Service

Purpose / Summary

This report is submitted in accordance with Clause 12.1 of the Procedures for the Administration of the Code of Conduct which requires that statistics concerning complaints made about Councillors and the General Manager be reported to Council within 3 months of the end of September each year.

Recommendation (Item to be determined under delegated authority)

That the report of the General Manager concerning complaints under the Code of Conduct for the period 1 September 2016 to 31 August 2017, be received for information.

Options

1. That the Report be received for information as recommended.

Implications: This would meet the requirements under the Local Government Act.

2. The report be accepted in accordance with the Code of Conduct Procedures and additional recommendations made.

Implications: Any further recommendations would need to be in accordance with the provisions of the Local Government Act and the Procedures for the Administration of Code of Conduct Complaints.

Background

Fourteen (14) complaints about Councillors under the Code of Conduct were received in the reporting period. One (1) complaint which was received in the previous period (1 September 2015 to 31 August 2016) was also finalised within this reporting period.

Statistics of the complaints received in accordance with Clause 12.1 and provided in the format required by the Office of Local Government are as follows:

		Model Code of Conduct Complaints Statistics
		Shoalhaven City Council
Number of Complaints
1	a	The total number of complaints received in the period about councillors and the General Manager (GM) under the code of conduct	14
	b	The total number of complaints finalised in the period about councillors and the GM under the code of conduct	15
Overview of Complaints and Cost
2	a	The number of complaints finalised at the outset by alternative means by the GM or Mayor	5
	b	The number of complaints referred to the Office of Local Government under a special complaints management arrangement	0
	c	The number of code of conduct complaints referred to a conduct reviewer	9
	d	The number of code of conduct complaints finalised at preliminary assessment by conduct reviewer	1
	e	The number of code of conduct complaints referred back to GM or Mayor for resolution after preliminary assessment by conduct reviewer	0
	f	The number of finalised code of conduct complaints investigated by a conduct reviewer	9
	g	The number of finalised code of conduct complaints investigated by a conduct review committee	0
	h	The number of finalised complaints investigated where there was found to be no breach	0
	i	The number of finalised complaints investigated where there was found to be a breach	3
	j	The number of complaints referred by the GM or Mayor to another agency or body such as the ICAC, the NSW Ombudsman, the Office or the Police	0
	k	The number of complaints being investigated that are not yet finalised	0
	l	The total cost of dealing with code of conduct complaints within the period made about councillors and the GM including staff costs	$57,970
Preliminary Assessment Statistics
3	The number of complaints determined by the conduct reviewer at the preliminary assessment stage by each of the following actions:
	a	To take no action	1
	b	To resolve the complaint by alternative and appropriate strategies	0
	c	To refer the matter back to the GM or the Mayor, for resolution by alternative and appropriate strategies	0
	d	To refer the matter to another agency or body such as the ICAC, the NSW Ombudsman, the Office or the Police	0
	e	To investigate the matter	9
	f	To recommend that the complaints coordinator convene a conduct review committee to investigate the matter	0
Investigation Statistics
4	The number of investigated complaints resulting in a determination that there was no breach, in which the following recommendations were made:
	a	That the council revise its policies or procedures	0
	b	That a person or persons undertake training or other education	0
5	The number of investigated complaints resulting in a determination that there was a breach in which the following recommendations were made:
	a	That the council revise any of its policies or procedures	2
	b	That the subject person undertake any training or other education relevant to the conduct giving rise to the breach	2
	c	That the subject person be counselled for their conduct	2
	d	That the subject person apologise to any person or organisation affected by the breach	2
	e	That findings of inappropriate conduct be made public	0
	f	In the case of a breach by the GM, that action be taken under the GM’s contract for the breach	0
	g	In the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the Local Government Act 1993	1
	h	In the case of a breach by a councillor, that the matter be referred to the Office for further action	0
6		Matter referred or resolved after commencement of an investigation under clause 8.20 of the Procedures	6
Categories of misconduct
7	The number of investigated complaints resulting in a determination that there was a breach with respect to each of the following categories of conduct:
	a	General conduct (Part 3)	3
	b	Conflict of interest (Part 4)	0
	c	Personal benefit (Part 5)	0
	d	Relationship between council officials (Part 6)	0
	e	Access to information and resources (Part 7)	1
Outcome of determinations
8	The number of investigated complaints resulting in a determination that there was a breach in which the council failed to adopt the conduct reviewers recommendation		3
9	The number of investigated complaints resulting in a determination that there was a breach in which the council's decision was overturned following a review by the Office		0

The total cost of dealing with Code of Conduct complaints received in the reporting period, including staff costs, was approximately $ 56,970. This includes as required the estimated cost of staff time in dealing with this matter to date and Conduct Reviewer’s costs.

Council is required to provide the statistics as outlined in this report to the Office of Local Government in accordance with clause 12.2 of the Procedures for the Administration of the Code of Conduct.

Community Engagement

No specific community engagement is required other than advising the public of Code of Conduct complaints via this annual reporting requirement of the Code of Conduct Procedures. The Office of Local Government publishes the statistics once

Policy Implications

Financial Implications

As a general rule, the costs involved with handling complaints involving Councillors which are resolved by the General Manager by alternative means, are estimated at approximately $900 each, but that can increase if the resolution involves greater complexity or multiple Councillors or if the matter is referred to a Conduct Reviewer.

In this reporting period, Council had a number of Code of Conduct Complaints, which were issued to Conduct Reviewers and the expenses incurred by the Conduct Reviewers are included here with an estimated amount for the time incurred by staff to deal with these matters.

Strategy and Assets Committee – Tuesday 21 November 2017

Page 42

SA17.282 September 2017 - Quarterly Budget Review

HPERM Ref: D17/375179

Group: Finance Corporate & Community Services Group

Section: Finance

Attachments: 1. Quarterly Budget Review Statement - September 2017 (under separate cover) ⇨

including Purpose / Summary

In accordance with Regulation 203(1) of the Local Government (General) Regulation (2005), the responsible accounting officer must prepare and submit to Council a budget review statement after the end of each quarter. This has been carried out for the first quarter of the 2017/18 financial year.

Recommendation

That Council:

1. Receive the September Quarterly Budget Review information

2. Adopt the adjustments, including movements to and from Reserves as outlined in the September Quarterly Budget Review Statement.

Options

1. Adopt the recommendation

Implications: Nil

2. Not adopt the recommendation and make an alternative resolution

Implications: Staff will need to rework the quarterly budget review in accordance with the alternative resolution.

Background

The budget review involves an analysis of Council’s annual budget for each Group to determine whether any changes in votes are required for the period. This process has been undertaken for the period to 30th September 2017, and any changes have been reported in the Quarterly Budget Review Statement. This report also analyses the progress of each group in achieving its financial objectives.

Council’s Funds

General Fund

The budget adopted by Council produced an operating profit of $4.4M after capital grants, an operating loss before Capital Grants and Contributions of $2.6M, a reduction in our cash and investments of $15M and an unrestricted cash deficit of $138K. The revotes carried forward and adjustments made in this quarterly review have resulted in the following:

The September Quarterly Budget Review Statement details the recommended budget adjustments with comments on these adjustments and any significant variances. Below is a summary of the adjustments and results to date.

Income

As at 30th September, General Fund has achieved 50% of the revised budget. This is primarily due to the raising of rates revenue in full. Excluding rate income, General Fund has achieved 23% of the revised budget. The September Quarterly Budget Review Statement recommends a decrease of $2.969M. The major adjustments (offset by a corresponding adjustment in expenditure, unless otherwise stated) in the review are:

Category	Amount ($’000)	Reason
Rates and Annual Charges	605	· Additional rate revenue received due to a reduction in pensioner concession brought about by a change by the federal government. There will be small reversal occurring in the last two quarters due to another change in the assessment criteria. Also, there were additional properties compared to when the budget was formulated: $600K to general revenue · Additional Stormwater levy received: $5K to stormwater reserve
User Charges & Fees	1,859	· Mind The Gap facility at the University of Wollongong Shoalhaven Campus (Council is holding the funds on behalf of UOW): $1,117K · Drainage diagram fee increase: $409K · Bulk waste collection: $100K to waste reserve · Proponent funded works: $97K · Storage retrieval fees: $60K · Additional Sewer Mgmt Fees: $40K · Private works: $35K
Interest & Investment Revenue	(50)	· Reduction in anticipated dividend receipt from Southern Phone; from Economic Development Reserve
Other Revenues	14	· Property – leases & road closures: $15K · Property Conference Revenue: $39K · Compliance revenue additional: $34K · Funds received from Emergency Events: $5K · Other: $11K · Burrill Lake Toilet Construction from general revenue: ($88K)
Internal Revenue	(91)	· Realignment of internal income bins: ($190K) · Additional private works Noxious Weeds: $50K · Additional private works Legal Services: $49K
Grants & Contributions - Operating	(4,657)	· Reversal of the Financial Assistance Grant prepayment ($5,911K), funded from FAG reserve and an increase in 2017/18 FAG $352K, to general revenue · Flood Damage funds received for the August 2015 event: $297K to general revenue · Commonwealth Grant for Riverbank restoration: $260K · RFS operations allocation $169K, used to fund additional expenditure on station construction · Waste Management grant received: $129K · Defence Contribution to Roads: $48K
Grants & Contributions – Capital	(649)	· Huskisson Pedestrian grant unsuccessful: ($130K) · RFS station construction – no funding in 2017/18 allocation: ($600K) · Ray Abood playground contribution: $45K · NBBSP grants cashflowed forward for survey & design: $20K · Kerb & Gutter contributions: $16K

Operating Expenditure

General Fund is on target with operating expenditure at 24% of the revised budget. The September Quarterly Budget Review Statement recommends an increase of $3.412M, made up of:

Category	Amount ($’000)	Reason
Employee Benefits & Oncost	1,158	· Planning & Development budget correction, these were included in the original budget, but not in the DPOP documents, therefore, a quarterly review adjustment is required, funded from general revenue: $548K · Drainage staffing additional: $367K · Internal staffing: $83K · Continuing expenses of the Emergency Services Property Levy: $78K · Compliance staffing: $34K · Sewer Management staffing: $31K · Property Conference Expense: $17K
Materials & Contracts	2,444	· UOW Mind the Gap: $1,117K · Economic Projects funding from reserve $590K: $320K for Yerriyong, $200K for implementation of the Economic Development Strategy relating to transport, business development, CBD promotion and marketing and $70K to match a grant for marketing · Riverbank grant: $260K · MIN17.738 Moss Vale Rd: $165K · Waste Management grant received: $129K · Proponent funded works: $97K · Storage retrieval expense: $60K · Private works: $55K · Comerong Ferry additional mtce: $10K · Shoalhaven River pontoon mtce: $10K · Noxious Weeds chemical cost: $9K · Property Conference Expense: $4K · Realignment from capital to operating ($62K)
Other Expenses	14	· Net impact of transfers between operational and capital budgets
Internal Expenses	(204)	· Internal expense realignment: ($190K) Public Liability reduction: ($53K) Noxious Weeds fleet costs: $8K Sewer Mgmt fleet costs: $4K Drainage staffing fleet costs: $14K Property Conference Expense: $13K

Non-Operating Expenditure

Capital Expenditure as at 30th September is 16% of the revised budget (excluding commitments). The September Quarterly Budget Review Statement recommends a budget increase of $2.59M. This increase consists of:

Program	Amount ($’000)	Reason
Buildings and Property	2,496	· New property acquisitions funded from Strategic Property Reserve: $2,505K · Return unallocated property expenditure to reserve, not required: ($78K) · Transfer to store site works: ($40K) · Transfer from buildings operating $109K, Ulladulla Civic Centre smoke vents, fire compliance issue $60K, Nowra Showground Pavillion trade waste, the management committee secured a grant to upgrade the kitchen facilities to a commercial kitchen and a trade waste system is now required $19K, Manyana Hall roof replacement $21K, electrical upgrade at Shoalhaven Basketball Stadium $9K
Commercial Undertakings	27	· Transfer from Ulladulla Leisure Centre operating expenditure
Community and Culture	(30)	· Transfer from library equipment to operating
Fire Protection and Emergency Services	(425)	· Reduction in grant funds for station construction: ($600K) · Fund additional expenditure on station construction from additional RFS operations funds in 2017/18 allocation: $169K · Funds received from attending emergency events: $5K
Internal Corporate Services	(155)	· Reduction in asset planning for the removal of the purchase of two water carts, returned to Plant and Fleet Reserve: ($330K) · Increase in Plant and Fleet for multi function device replacement: $100K · Store area site works, from works depot operations and capital: $59K · Holiday Haven office capital from HH operations: $15K
Open Space, Sport and Recreation	454	· Treatment of Asbestos/waste at Shoalhaven Indoor Sporting Complex site, from Land Decontamination Reserve ($430K) · Ray Abood contributions received: $45K · Transfer to operating for Parks Tree Planting: ($21K)
Regulatory Services	28	· Purchase of a new vehicle, from additional drainage diagram income
Roads and Transport	(75)	· Huskisson Pedestrian grant unsuccessful: ($130K) · From operating expenditure: $7K · From S94 for Ulladulla Traffic Improvements: $40K · From K&G contributions and rate payer advances: $8K
Waste and Recycling Program	271	· Additional expenditure for capital projects, from waste reserve

Asset Sales

Asset sales are at 20% of the September Adjusted Budget. The recommended adjustment is an increase of $81K for expenses relating to the sale of assets ($73K) and $8K to general revenue.

Reserve Movements

The September Quarterly Budget Review recommends $9,064K being used from the General Fund Reserves. Below is a summary of the movements to General Fund Reserves recommended in the review:

Reserve	Amount ($’000)	Reason
Economic Development Projects	(640)	· Yerriyong investigations: ($320K) · Implement Economic Development Strategy: ($200K) · CBD promotion and marketing: ($70K) · Reduction in expected Southern Phone Dividend: ($50K)
Financial Assistance Grant	(5,911)	· To general revenue, due to receiving half the financial assistance grant in June 2017
Land Decontamination	(430)	· To fund asbestos/waste at the Shoalhaven Indoor Sporting Complex site.
Plant Replacement	599	· From general revenue to replace previous plant reserve funding on the Nowra administration building air conditioner chiller: $400K · Remove the purchase of two water carts: $330K · Replacement of Multi Function Devices: ($100K) · Operating costs of MFDs: ($300K) · New fleet software: ($1K)
Property Reserve	(2,350)	· Purchase of properties: ($2,505K) · Return of unallocated property development: $78K · Additional income from rentals: $77K
S94 Matching Funds	274	· Transfer between S94 recoupment on the Vincentia Community Centre / Library Project
S94 Recoupment	(396)	· Transfer between S94 Matching Funds on the Vincentia Community Centre / Library Project ($274) · Correction of budget, transferred to General Revenue ($122)
Section 94 (Developer Contributions – General Fund)	(40)	· Additional funding for Ulladulla traffic improvements ($40)
Domestic Waste Reserve	(171)	· Additional funds required for capital projects ($271) · Additional income for Bulky Waste $100

Water Fund

The budget adopted by Council produced an operating profit of $2.1M, an operating profit before Capital Grants and Contributions of $607K and a reduction in cash and investments of $5.9M. The revotes carried forward and adjustments made in this quarterly review have resulted in the following:

Income

As at 30 September, Water Fund has achieved 23% of the revised budget.

The September Quarterly Budget Review Statement recommends an increase of $88K. This adjustment relates to the reallocation of resources to capital projects.

Operating Expenditure

Water Fund is on target with operating expenditure at 23% of the revised budget.

An increase of $54K is recommended for this review. This increase relates to an adjustment to public liability insurance $54k.

Non-Operating Expenditure

Capital Expenditure as at 30th September is 16% of the revised budget (excluding commitments).

An increase of $120k is recommended to complete the digital radio network project.

Asset Sales

Asset sales is at 21% of the revised budget, there are no adjustments recommended.

Sewer Fund

The budget adopted by Council produced an operating profit of $11.9M, an operating profit before Capital Grants and Contributions of $10.4M and a reduction in cash and investments of $43M. The revotes carried forward and adjustments made in this quarterly review have resulted in the following:

Income

As at 30 September, Sewer Fund has achieved 26% of the revised budget.

The September Quarterly Budget Review Statement recommends an increase of $70K. This adjustment relates to income received from chargeable private works.

Operating Expenditure

Operating Expenditure as at 30 September is 22% of the revised budget; there are no recommended adjustments.

Non-Operating Expenditure

Capital Expenditure as at 30th September is 9% of the revised budget (excluding commitments); there are no adjustments recommended.

Asset Sales

Asset sales are at 0% of the revised budget; there are no adjustments recommended.

Key Performance Indicators

The impact of the variations highlighted above has led to a deterioration in a number of Council’s key performance indicators:

Operating performance ratio

For General Fund, the ratio decreased from -1.4% to -4.1% due to the reversal of the Financial Assistance Grant prepayment that was originally budgeted for receipt in 2017/18: ($5,911K); this has a differentially greater impact on the Net operating result component of the ratio than the Total operating revenue component, leading to a projected decrease in the ratio. Most of the other adjustments have corresponding impacts on revenue and expenditure.

Unrestricted current ratio

For General Fund, when comparing the Current Budget to the Projected Budget, the unrestricted current ratio is impacted by a reduced projected balance for current assets due to reduction in investments ($9,000K) so the cash can be used to fund the Financial Assistance Grant shortfall and the purchase of properties.. The ratio is expected to improve during the year pending the sale of Council properties. However, due to the uncertainty of sale prices, these receipts have not been included in the projected year end results. When comparing the Original Budget to the Projected Budget ratio, the advance part payment of the Financial Assistance Grant doesn’t impact on the comparison; what does impact is how the 2016/17 year finished with the mix between current and non-current assets and the additional properties purchased.

For Sewer Fund, the ratio is impacted by the large borrowings for REMs, causing the current liabilities to increase with the current assets remaining at a normal operating level. This will improve in future years as the cash balance is planned to increase to cover the additional loan repayments.

Cash expense ratio

For General Fund, the projected decrease in this ratio, when compared to the Current Budget, is driven by:

· Reduction in the end of year cash balance, largely due to the purchase of properties and the reversal of the Financial Assistance Grant;

· Greater than expected cash flow payments for operating activities associated with grants.

When comparing Projected against Original budget, the change is driven by additional operating expenses with $4m from revotes, $665K from previous votes and $3.4m in this quarter review. Also, the expected total year end cash has decreased due to additional expenditure.

Council’s Groups

General Manager’s Group

The recommended budget changes, revised budget and result to date for the General Manager’s Group are summarised below, details of the adjustments and variances are included in the September Quarterly Budget Review Statement.

General Manager’s Comments:

The Revenue adjustment of $1.121M is, primarily, to bring to account the CAPEX grant funds for the Mind the Gap project on the UOW Shoalhaven campus ($1.1M), which is under construction.

The Expenditure adjustment is $1.1M for Mind the Gap project; $320,000 for the Yerriyong Motor Sports DA; and $200,000 for Implementing the ED Strategy actions. These are funded from the ED Reserve.

Finance, Corporate and Community Services

The recommended budget changes, revised budget and result to date for the Finance, Corporate and Community Services Group are summarised below, details of the adjustments and variances are included in the September Quarterly Budget Review Statement.

Group Director’s Comments:

The adjustment to the Group’s revenue target relates to the Financial Assistance Grant. 50% of the grant ($5.911M) was received in advance (2016/17 year, not the 2017/18 year). Additional rate income ($600K) was levied above the budget due to changes in the pensioner concession criteria. The only other revenue adjustment of $45K was from a community contribution for a playground at Ray Abood Oval. Rates have been levied for the full year, and the high percentage of revenue is reflective of this.

Operating expenditure is tracking higher than the expected 25%. This is due to the timing of marketing campaigns (more planned spend in Q1 especially with the successful Unspoilt campaign), as well as wages in the Governance Unit tracking higher than forecast due to staffing required for Council Meetings. The donations budget also lives within our Group, and the timing of disbursements is not linear.

In relation to non-operating expenditure (Capital), three projects make up the bulk of these funds. The Shoalhaven Indoor Sports Centre has a budget of $13,665,000 and expenditure was at $1,038,427 at the end of the quarter; the Ulladulla Leisure Centre Filter Replacement has a budget allocation of $615,000 and this will be expended following appropriate procurement procedures have secured the necessary products and services; the Corporate Business Systems and Services area has a budget of $3,019,236, expenditure to date has been $169,627, with the contract finalised with Technology One at the end of September.

Two other significant projects are the Ison Park Amenities ($1,192,747) and the Mollymook all-inclusive playground ($1,201,808). The Ison Park amenities are now complete and the Mollymook playground is nearing completion.

Planning, Environment and Development Services

The recommended budget changes, revised budget and result to date for the Planning, Environment and Development Services Group are summarised below, details of the adjustments and variances are included in the September Quarterly Budget Review Statement.

Group Director’s Comments:

Additional income generated from changes to Conveyancing Act (September) requiring drainage diagrams with contracts for sale, also additional activity in sector. Additional resourcing offset by increased income levels.

Small Lot Rural Subdivision

Nebraska Estate: $69,333 remains for progressing rezoning investigations.

Verons Estate: The $150,000 borrowed in 2006 to fund the rezoning investigations has been fully spent. A total of $25,000 has now been transferred from the Strategic Planning Consultants budget. This will need to be recouped from the landowners at a later date. $1,413 has also been transferred from road construction to rezoning investigations. Further transfer(s) may be necessary to complete the project.

Road investigations and construction: The balance of the roadwork design budget for Nebraska Estate for 2017/2018 is $10,646. The balance of the construction budgets for Jerberra, Verons and Nebraska Estates for 2017/2018 are $5.5M, $2.1M and $13,519 respectively.

Assets and Works

The recommended budget changes, revised budget and result to date for the Assets and Works Group are summarised below, details of the adjustments and variances are included in the September Quarterly Budget Review Statement.

Group Director’s Comments:

Each Section of the Assets and Works Group operated on budget within the 1st Quarter, with operational expenditure being on target at 22%.

Non operating expenditure will increase in quarters 2 to 4 as construction works increase. A key project currently under construction is the Shoalhaven Indoor Sports Centre. Construction. Asbestos containing material has been discovered on a significant area of the site. It is recommended to fund the management of the asbestos containing material from the contaminated lands fund.

Flinders Rd heavy vehicle route upgrade and Albatross Rd intersection works are progressing to program. Holiday Haven have a new team at Huskisson Beach Holiday Park. Construction of a new in-ground pool at Lake Tabourie Holiday Park has commenced.

The acquisition of four properties in Cambewarra Road for the Shoalhaven Community & Recreational Precinct has been completed. A rural home site in Wire Lane sold for $760,000. The property at 125 Moss Vale Road has been acquired for $1.25M for the Far North Collector Road project.

Bereavement Services have completed Pergola extensions to the east and west wings of the chapel, the shade pergola and the installation of the air curtain to Reflections Café.

Stormwater Levy

Spending against the Stormwater Levy is 17% of budget.

Group Director’s Comments:

Drainage works are complete at 802 Sussex Inlet Rd and Dacres St Vincentia. The Bolong Rd (Thurgate Oval) culvert replacement works and Waratah Crescent works are well advanced.

Special Rate Variations

Spending against the Special Rate Variation from 2013/14 is 22% of budget.

Group Director’s Comments:

Coolangatta Road works are almost complete. Coonemia Rd works are deferred pending blackspot funding for next financial year. Jacob’s Drive streetscape works are under negotiation after an unsuccessful tender.

Spending against the Special Rate Variation from 2017/18 is 9% of budget.

Group Director’s Comments:

Callalla Beach Rd works are complete. Parks maintenance, local road repairs, resurfacing and maintenance works will occur in quarters two and three with warmer weather. Jacobs Drive streetscape works are under negotiation after an unsuccessful tender. .

Shoalhaven Water

The recommended budget changes, revised budget and result to date for the Shoalhaven Water (General Fund) Group are summarised below, details of the adjustments and variances are included in the September Quarterly Budget Review Statement.

Group Director’s Comments:

The Shoalhaven Water General Group is operating on target, with revenue at 21.1% of budget and operational expenditure at 26.1% of budget. No adjustments are recommended in this review.

Water Fund

The recommended budget changes, revised budget and result to date for the Shoalhaven Water (Water Fund) Group are summarised below, details of the adjustments and variances are included in the September Quarterly Budget Review Statement.

Group Director’s Comments:

The Water Fund is operating on target, with operational expenditure at 23.1% and revenue at 22.8% of budget. The adjustment recommended for revenue relates to the reallocation of resources to capital projects $88K; while the adjustment to operational expenditure relates to an increase in public liability insurance $54K. The capital program is progressing at 16.4% of budget and requires an adjustment of $120K this quarter. This adjustment relates to the digital radio network that requires an additional budget allocation of $120K. These additional funds are required due to the fact that additional assets were required to complete the project. This will be funded from the water fund reserves.

Sewer Fund

The recommended budget changes, revised budget and result to date for the Shoalhaven Water (Sewer Fund) Group are summarised below, details of the adjustments and variances are included in the September Quarterly Budget Review Statement.

Group Director’s Comments:

The Sewer Fund is operating on target, with operating expenditure at 22.8% of budget and revenue at 26.4%. The adjustment to revenue relates to income from chargeable private works $70K. The capital program is at 8.6% of the budget.

Financial Implications

Adjustments made in the September quarter budget review have resulted in a projected cash deficit budget. Council will need to be mindful of the situation and not introduce new works or services unless a funding source is clearly identified.

Strategy and Assets Committee – Tuesday 21 November 2017

Page 74

SA17.287 Objection- Sale of Council Land - 10 Jopejija Cres, Culburra Beach

HPERM Ref: D17/369390

Group: Assets & Works Group

Attachments: 1. Plan ⇩

2. Letter to Adjoining Owners ⇩

3. Objections (councillors information folder) ⇨

Purpose / Summary

To obtain Council’s direction in relation to the proposed sale of vacant land at Lot 1 DP579906, 10 Jopejija Cres, Culburra Beach (as shown in Attachment 1) in light of submissions received as a result of public advertising and written notification to adjoining owners.

Recommendation

That Council:

1. Resolve to dispose of 10 Jopejija Crescent, Culburra Beach (Lot 1 DP579906) by way of public auction in accordance with Policy 16/256 (Development and/or Disposal of Council Lands);

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.

Options

1. Resolve as recommended.

Implications: The property is surplus to operational needs and the disposal will generate additional income for Council and reduce Council’s ongoing maintenance burden.

2. Not resolve as recommended and provide further direction to staff.

Background

At the Ordinary Council Meeting on 22 August 2017 it was resolved that (MIN17.745):

“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;

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

In accordance with the Resolution, all adjoining land owners were notified in writing of the proposed sale (see Attachment 2) and a Public Notice advertised in local newspapers.

History of 10 Jopejija Cres, Culburra Beach

Several concerns raised in the submissions received relate to the history of the Lot, a summary of ownership and title matters is as follows:

· The subject Lot and the Right of Carriageway (for access) was created as part of a subdivision of a large parcel of land in 1975.

· The land was purchased by Council from a private land owner on 6 December 1976 for the purpose of constructing a water reservoir.

· At the time of acquisition, the Lot only had two adjoining residential Lots; 25 and 27 Broadview Ave.

· In 1981 the subdivision of the remainder of the large surrounding Lot created Jopejija Cres as well as 27A and 27B Broadview Ave.

· In 2006 the land was rezoned from Special Use 5 (a) to residential Zone 2 (a 1) – under Shoalhaven LEP 2014, this zoning is now described as R2 – Low Density Residential.

Submissions

At the close of submissions, two (2) objections were received from adjoining and nearby land owners (see Attachment 3). Their objections and staff comments are summarised below:

Issue:	Acquisition purpose (water tower) has not been fulfilled.
Staff Comments:	In 2006, the land was rezoned and earmarked for disposal upon the advice of the Director of Shoalwater : “Lot 1 DP579906, as per the attached plan, was acquired for a water reservoir many years ago. This land is no longer required and is proposed to be sold off as a residential allotment. The land is zoned 5(a) Special Use, however is caught up in the SEPP 71 and cannot be used as for the adjacent 2(a 1) residential zone. Could you please proceed with a rezoning of this land in due course so that it can be sold as a residential allotment?” Shoalwater confirms that the land continues to be surplus to need and that the construction of a water tower is not warranted.
Issue:	Access to the Property Submission 1: “I also understood that… there was a Right of Carriageway and an Easement for Services, the Right of Carriageway being intended to give the owners of 27A Broadview Avenue the right to access their lot through 27 Broadview Avenue’s land, and to similarly provide Shoalhaven Water with access to the lot described as 10 Jopejija Crescent. “
Staff Comments:	· 27A Broadview Ave is a battle-axe block, the driveway being the handle. This driveway is wholly part of this Lot, the owners’ use of the driveway is not predicated on any neighbour providing them an easement for access. This Lot formation is unchanged from the original subdivision, created in August 1981. · Access to 10 Jopejija Cres is via a Right of Carriageway over the driveway of 27A Broadview Ave. This easement was created in 1975, prior to the creation of 27A Broadview and the Jopejija Cres development. · Part of the driveway also provides a rear yard access to 27 Broadview Ave (Easement for Access created in 1981). The owner of 27A Broadview Ave has not objected to the sale.
Issue:	Potential increase in volume of traffic: “there will in all likelihood be a marked increase in the volume of traffic using the Right of Carriageway…. The problem will be exacerbated should the new owner of 10 Jopejija Crescent be approved to construct a duplex, as it would seem the Zoning would allow… Knowledge of such a possibility at the time of my purchasing… would most probably have resulted in my deciding to not go ahead with the purchase, and to seek a quieter location elsewhere.”
Staff Comments:	This respondant purchased their property in 2012, at which time the Zoning of 10 Jopejija Cres had been Residential Use since 2006. The access arrangements for 10 Jopejija Cres had been in existence since 1975 and back yard access for 27 Broadview Ave since 1981. The land is proposed to be sold in it’s current undeveloped condition. Any Development Application by future owners would be subject to Council’s usual development process and Council makes no assertion about the nature of approved future development.
Issue:	Request to create alternate access via Jopejija Cres
Staff Comments:	Submission 1 requested Council consider creating an alternate access to 10 Jopejija Cres (across private land) via Jopejija Cres instead of via Broadview Ave. This request is not a feasible option- the only route wide enough to accommodate this would be through the neighbour’s in-ground pool.
Issue:	Request to Construct water tower: Submission 1’s first preferred option (instead of disposal) is: “construct a water reservoir tank upon the said lot as was apparently originally intended, to provide improved water pressure to my property… and to other ratepayers in the immediate area similarly afflicted by low water pressure”
Staff Comments:	Shoalwater have provided the following comment: The standard of water supply pressure to the respondent’s property is already within Shoalwater’s standards of supply (i.e. 15-90 metres of head). No complaint of pressure issues have been recorded at the respondent’s address.
Issue:	Status of land as at 1986: Submission 2 states: “we purchased our block of land…in 1986. And were told at the time that the block was crown land and had been reserved for a water tower and would never be built upon.”
Staff Comments:	The land has been privately owned since prior to 1900, sold to Council in 1975. The decision not to construct a water tower is an operational one- see comments from Shoalwater above. The land has been Zoned Residential since 2006 in order to make the land able to be sold for residential use.
Issue:	Objection to the Management of the Process: Submission 2 states: “We were told by the council that we would receive notification prior to the meeting which would be held to approve or reject the sale of the land so that we could attend and voice our concerns.”
Staff Comments:	Council staff provided advice to interested parties, including the respondent of Submission 2, that the due process to approve the sale of the land included an opportunity to table objections or concerns at an Ordinary Council Meeting. The call for submissions through direct mail-out to adjoining land owners and via public advertising has created this opportunity. These concerns are tabled herein, meeting Council’s commitment to an open and transparent process.
Issue:	Objection to the proposed timeframe to disposal “We were then told that it would take at least 6 months until the land would be listed for sale.. we recently received a letter saying the sale could occur in as little as a month.”
Staff Comments:	Council has been in consultation with this land owner since the land was surveyed in May 2017. The letter to adjoining land owners makes no reference to time frames in which the land is proposed to be sold. (see Attachment 2)
Issue:	Request for Threatened Species Assessment: Submission 2 states: “There is significant native flora on the block” and “(we) request a copy of the assessment of impact report”
Staff Comments:	Council’s Tree Management Officer advises that the 12 + mature conifers on the land are introduced species and have been planted. The management of the 5-6 mature Eucalypts on the land will be required to be addressed in any future Development Application. This is in accordance with the NSW Threatened Species Conservation Act 1995 and Council Policy.

Summary:

Council staff believe that the objections raised have been addressed and that the property should proceed to disposal.

Strategy and Assets Committee – Tuesday 21 November 2017

Page 117

SA17.294 Council options for reducing impacts of wood smoke

HPERM Ref: D17/334828

Group: Planning Environment & Development Group

Section: Environmental Services

Attachments: 1. Wood burning heaters and your health (NSW Health) ⇩

Purpose / Summary

This report aims to set out options for Council to help address the impacts of wood smoke pollution on the community. This report proposes to prohibit the approval of second hand solid fuel heaters unless they meet new emision standards as well as providing options to Council on the control of back yard burning of waste.

Recommendation (Item to be determined under delegated authority)

That existing policy be amended to tighten controls on the production of wood smoke by:

1. Prior to finalising amend the Draft Local Approval Policy to:

a. prohibit the installation of second hand heaters not having a compliance plate stating compliance with the emission requirements of AS/NZS 4013:2014 & AS/NZS 4012:2014.

b. Require a timber storage area that is out of the weather so that timber used in solid fuel heaters has a maximum moisture content of 20%.

2. The NSW EPA be notified to change the Shoalhaven City Council’s listing under Schedule 8 of the Protection of the Environment Operations (clean Air) regulation 2010 from Part 3 - Areas in which all burning (other than burning of vegetation) is prohibited except with approval or in relation to certain domestic waste to:

a. Schedule 8 Part 1 – Areas in which all burning (including burning of vegetation and domestic waste) is prohibited except with approval.

Options

1. As recommended

Implications: This would assist in addressing some of the impacts of wood smoke pollution on the community.

2. Do not amend the Draft Local Approval Policy to prohibit the installation of old solid fuel heaters.

Implications: the community will continue to have the option to install second hand wood fired heaters potentially increasing the cummulative effects of wood smoke pollution on the community into the future as these heaters further deteriorate.

3. Do not change the council listing under Schedule 8 Part 3 - Areas in which all burning (other than burning of vegetation) is prohibited except with approval or in relation to certain domestic waste

Implications: The community will continnue to be able to burn dry vegetaion and domestic rubbish (where a waste service is not provided) across the city. This increases the potential for the community to be impacted by smoke pollution and decreased air quality across the region.

4. Change the Council listing under Schedule 8 Part 2 - Areas in which burning of vegetation is prohibited except with approval

Implications: The community will not be allowed to burn dry vegetaion. The burning of domestic rubbish (where a waste service is not provided) across the city would be permissible.

5. Other direction as Council decide.

Background

Council resolution (MIN17.731 – Notice of Motion – Wood Smoke Compliance/Education) discussed the merits of enhancing education for the community around the health impacts of wood smoke and make available policy on wood smoke.

It was also resolved to provide information to people causing smoke nuisance and take compliance action, such as fines for serial offenders.

The attached fact sheet from NSW Ministry of Health outlines the detrimental health impacts of woodmoke.

This report outlines three areas where restrictions will go some way to improving regional air quality by reducing the impacts of burning. These recommendations are in the areas of:

1. Prohibiting the installation of second hand wood heaters not complying with AS/NZS 4013 and ensuring people installing wood fires have weatherproof areas to store timber.

2. Control of back yard burning of waste.

3. Fines for burning prohibited articles.

Solid Fuel Heaters

Shoalhaven City Council’s Local Approvals Policy is currently being exhibited and details, among other things the criteria for assessment for solid fuel heaters. This currently states that:

· the proposed solid or oil fuelled heater must comply with AS/NZS 2918:2001 Domestic solid fuel burning appliances – Installation and the heater must be marked in accordance with AS/NZS 4013:2014 Domestic Solid Fuel Burning Appliances – Method for determination of flue gas emission and have a certificate of compliance for that model of heater.

· The flue or chimney is to comply with the Environmental Protection Authority document Selecting, installing and operating domestic solid fuel heaters. This document recommends:

o The minimum discharge height of the chimney (flue) is to be 1m above any

structures within a 15m horizontal radius.

o The flue height shall not exceed 2m above the roof cladding.

o The assessment of the application will include consideration of the location of the chimney (flue) in relation to the surrounding structures, topography and trees.

If supported, it is proposed to amend the Draft LAP to not allow the installation of second hand solid fuel heaters unless they comply with the latest emission standards. All applications to install a solid fuel heater will require a compliance plate indicating compliance with AS/NZS 4013:2014 - Domestic solid fuel burning appliances - Method for determination of flue gas emission and AS/NZS 4012:2014 Domestic solid fuel burning appliances—Method for determination of power output and efficiency.

The purpose of prohibiting solid fuel heaters that do not comply with new emision standards is to ensure that older models of wood heater are not installed. Not only do such heaters not meet new emision standards but more often then not have rusted out baffles that circumvent flue gases being reburnt. It is often these heaters that also have the ability to be damped down restricting the air flow to the the fire box which is a well known cause of a lot of smoke nuisance concerns.

Another consideration when assessing the installation of solid fuel heaters is whether people have the ability to store their firewood out of the weather. If timber is exposed to the elements the moisture content of the fuel can be quite high. It is proposed to include a requirement for those installing solid fuel heaters to have a weatherproof area for wood storage to ensure that wood being used is seasoned with a moisture content no greater than 20%. This significantly reduces the smoke generated when burning the fuel whilst also increasing the efficiency and heat output of the heater.

Back Yard Burning

Under the Protection of the Environment Operations (Clean Air) regulation 2010 local government can nominate whether or not to allow backyard burning. There are three categories applicable:

Part 1 – Areas in which all burning (including burning of vegetation and domestic waste) is prohibited except with approval.

Part 2 - Areas in which burning of vegetation is prohibited except with approval.

Part 3 - Areas in which all burning (other than burning of vegetation) is prohibited except with approval or in relation to certain domestic waste.

Shoalhaven City Council is currently listed in Part 3 where all burning (other than burning of vegetation) is prohibited except with approval or in relation to certain domestic waste. This means that people can undertake back yard burns to dispose of dry vegetation and may also burn off their domestic rubbish in areas where a waste collection service is not available.

The increasing community concerns about poor air quality has given rise to the general expectation that people should reuse, recycle, mulch or use other means of disposal such as Councils green waste collection service, disposal at licensed waste depots and composting.

Council may consider changing from Part 3 to Part 1 whereby all back yard burning is prohibited except with approval, or consider Part 2 and choose to prohibit burning of vegetation except with approval, thereby allowing domestic waste disposal in areas without a waste service.

If Council choose to nominate for Part 1 or Part 2 then it is likely that permission to burn would be generally be restricted to rural areas and in nominated circumstances. This would assist in supporting the overall intent of such listing ie the restriction the burning of such materials rather that make people undertake a bureaucratic process to obtain approval.

The matters for consideration if issuing approvals to burn must take into consideration:

The impact on local and regional air quality and amenity,

Whether alternative means of disposal are available, and

Likely impacts to the public

It is important to remember that under the Rural Fires Act people can still apply to the NSW Rural Fire Service for hazard reduction certificates to reduce fuel loads from vegetation or to undertake pile burns. The resolutions of Council will not impact on the ability to undertake fire hazard reduction.

Mandatory fines for burning prohibited articles

Under the Protection of the Environment Operations (Clean Air) regulation 2010 it is an offence to burn certain items. These are called ‘prohibited articles’ and include:

(a) tyres,

(b) coated wire,

(d) solvent containers and residues,

(e) timber treated with copper chromium arsenate (CCA) or pentachlorophenol (PCP).

The reason there is a prohibition on burning of such items is due to the toxic nature of emisions. As such authorised Officers may issue on the spot fines for burning these items. These fines are $500 for individuals and $1000 for Corporations.

It is recommended that where people are found to be burning prohibited articles that mandatory fines are issued in the first instance.

Policy Implications

The Local Approval Policy is currently on exhibition and a report to Council will be prepared in coming months detailing submissions. If supported, the content of recommendation 1 will be included as a submission.

Financial Implications

There is the potential for some additional income from fines however it is not expected that this will make any significant impact.

Should Council resolves to introduce approvals to burn off. Then it would be expected that there will be an impact on staff resourcing where there has not been in the past but at this time it is an unknown quantity.

Strategy and Assets Committee – Tuesday 21 November 2017

Page 126

SA17.296 CL17.225 - Collingwood Beach Dune Vegetation Management - Deferred from August Ordinary - Ministers Response

HPERM Ref: D17/368902

Group: Planning Environment & Development Group

Section: Environmental Services

Attachments: 1. Outcome of public exhibition - report to Strategy & Assets Committee (under separate cover) ⇨

2. Manly Hydraulics Laboratory (MHL) report (under separate cover) ⇨

3. NSW Office of Environment & Heritage (OEH) advice (under separate cover) ⇨

4. DPI Fisheries - Jervis Bay Marine Park advice (under separate cover) ⇨

5. Confidential Report - Legal Advice - Dune Vegetation Managment at Collingwood Beach - outcomes of public exhibition and petitions - Strategy & Assets Committee 15 November 2016 (councillors information folder) ⇨

6. Confidential Report Updated Attachment - Internal Legal Advice - Councillors' Liability - Collingwood Beach Draft Vegetation Management Plan - Strategy & Assets Committee 15 November 2016 (councillors information folder) ⇨

7. Letter from Minister of Environment Gabrielle Upton - Draft Dune Vegetation Management Plan - Collingwood Beach (under separate cover) ⇨

Purpose / Summary

Report back to Council, following advice from Minister Upton’s Office, for consideration and allow Council to further consider the previous report that was deferred. The purpose of the previous report, which is contained below, was to inform Council on progress on the development of the revised draft Collingwood Beach Dune Vegetation Management Plan.

Recommendation (Item to be determined under delegated authority)

That Council

1. Consider the advice received from the Office of the Hon. Gabrielle Upton MP, Minister for the Environment, Minister for local Government, Minister for Heritage.

2. In view of advice from Manly Hydraulics Laboratory (MHL), Government agencies and NGH Environmental and the objectives of the Coastal Management Act, Council engage NGH Environmental to prepare a revised draft Collingwood Beach Dune Vegetation Management Plan that addresses this advice, the objectives of the Act and:

a. Removes all zones and actions relating to vegetation pruning and removal;

b. Includes a revegetation plan in accordance with MHL’s report;

c. Identifies locations for 2 viewing platforms in accordance with MHL’s report; and

d. Includes a monitoring and evaluation program during the 5-year trial implementation period.

3. Receive a future report containing the revised draft Collingwood Beach Dune Vegetation Management Plan for adoption.

4. The anti-vandalism strategy as outlined in this report be adopted and implemented immediately to mitigate against continuing vandalism.

5. Update the Foreshore Reserves Policy and Compliance Policy to include the adopted anti-vandalism strategy so this becomes a city-wide approach to managing and deterring vegetation vandalism.

Options

1. As recommended.

Implications: The recommended action complies with the Coastal Management Act, advice from NSW government agencies and MHL. The outcomes from all investigations and advice from government agencies, consultants and legal services leads to the conclusion that Council cannot remove or prune vegetation without compromising the integrity of the dune.

2. Council adopt an alternative draft revised plan that includes removal and/or continual pruning of vegetation, which is not strictly in accordance with the Coastal Management Act, advice from NSW government agencies and MHL.

Implications: This action will unlikely comply with the objectives of the Coastal Management Act and is likely to reduce the resilience of the sand dune and therefore place greater risk to public and private assets from coastal hazards. The legal ability to remove vegetation would also need to be established under Biodiversity Conservation legislation. If council did consider that some form of minimal vegetation management was appropriate it needs to be convinced that the integrity of the dune system was not compromised.

3. Alternative recommendation.

Implications: Unknown.

Background

At the Ordinary meeting of Council on 22 August 2017, Council resolved:

That the report be deferred for a month to allow for further discussion and a briefing with staff and the Minister the Hon Gabrielle Upton MP.

A copy of the advice from the Minister’s Office is contained in attachment 7 for Council’s consideration.

Deferred report

At its meeting on 15 December 2016, the Strategy & Assets Committee received the report contained in attachment 1, which detailed the results of the public exhibition of Council’s draft Collingwood Beach Dune Vegetation Management Plan (DVMP) and the Collingwood Beach Preservation Group (CBPG) Alternative Approach. In response to this report the Committee resolved that:

1. Council receive the petitions on this matter for information.

2. Council thank all petitioners and people who made a submissions for their input and careful consideration of this matter.

3. In view of the petitions and submissions received, Council not adopt either of the two plans that were placed on public exhibition.

4. In view of the submissions received and position of relevant Government agencies, Council engage NGH and a coastal expert to review the draft management plan and current approach and to work with and gain endorsement of, key government agencies.

a. The new revised approach should reflect the new Coastal Management Act hierarchy of management objectives established in section 10.3 of the Act. A further report to council would follow this review.

b. As part of the review a reasonable balance (as assessed by the consultant) between appropriate vegetation and the vista of Jervis Bay from the cycleway be considered.

c. Councillors be invited to participate with the consultant in a workshop in order to better understand the dunal environment, and in so doing address the concerns raised by the community in their submissions.

d. That a report be provided to Council in relation to the draft vegetation management plan for Collingwood Beach by July 2017.

e. In its consideration Council consider including a revegetation plan for the dune and a strong policy that responds to vandalism

Workshops

On the 16^th of February 2017, Council convened two workshops to discuss the way forward in relation to the draft management plans for dune restoration at Collingwood Beach in accordance with the Council resolution. The workshops were held at the Council offices in Nowra, and designed and facilitated by Danielle Annells, of Danielle Annells Consulting.

Conclusions drawn from the State Government agency workshop were (Danielle Annells Consulting 2017):

· The State Agencies represented at this workshop raised concerns about actions to modify vegetation within Council’s draft DVMP and the CBPG alternative approach.

· A greater level of vegetation retention would be seen more favourably, as it will enhance dune stability and defence against major weather events.

· Council can adopt its own plan irrespective.

· To get State Government funding (in the event of damage from a major weather event) Council would have to be able to justify that its management plan complied with the manuals and policy guidelines (such as the Dune Coastal Management Act, Crown Lands Act and Dune Management Manual).

· It would be useful to have the proposed actions in the revised draft DVMP reviewed by a coastal engineering expert to ensure the coastal hazard and erosion risk is not increased.

· As a general principle, State Government funding is available for vegetation regeneration work, but not for vegetation removal.

Councillor workshop

After reviewing the situation, consultation feedback and the advice from State Government agencies, Councillors were asked to review the following possible options for action. This was in order to reach agreement on the preferred approach and clarify the important issues to address. The following table summarises the options and Councillor decision (Danielle Annells Consulting 2017):

Option	Council decision
1. Do nothing	Unacceptable to the community
2. Adopt Council’s draft Management Plan	Unacceptable to the community
3. Adopt Collingwood Beach Preservation Group plan	Unacceptable to the community
4. Modify Council’s draft Management plan back to original NGH plan. i.e. reinstate the pruning height to 1.5 metres (not 1 metre) in zone 5, 50% of the dune.	Insufficient to meet State Government Agency requirements (vegetation rehabilitation work also needed)
5. Modify Council draft Management Plan further than option 4 to address a wider range of issues	Preferred approach – details of modifications to be made below
6. New approach entirely (e.g. viewing platforms and planting, reserves, a more generic plan that would be applicable to whole of region)	Impractical to meet the June/July deadline for a revised plan, and does not utilise the investment in expertise already present in the current draft Management Plan.

Councillors agreed that the following plan modifications be included as part of Option 5 above (Danielle Annells Consulting 2017).

· Include vegetation rehabilitation work. Taller species to be planted in zone 5, those with a higher crown that do not block lower views.

· Include specific viewing areas at the end of streets perpendicular to the beach and ensure the provision of disabled access.

· Research if any funding is available for disabled access.

· Have the plan assessed by a coastal engineer to determine if it will increase the coastal hazard and erosion risk. It may be necessary to make further modifications to the plan based on this feedback.

· Give further consideration to how the implementation costs of the plan can be funded. Determine, can Council afford this plan, and how?

· Rationalise the use of zones in the plan to see if costs can be reduced by applying the zones more broadly.

· Create a strong policy position, and response to vandalism e.g. signage is not to be removed and surveillance to be installed.

· Consider further if the plan could/should be rolled out first via a trial.

Draft revised approach

Based on the outcome of the workshops, staff proceeded to work through the list of actions and the Council resolution. NGH Environmental was engaged and provided with the outcomes of the workshops and Council resolution and asked to prepare a revised draft DVMP.

The revised approach reduced the number of zones, included a rehabilitation (planting) plan, and included removal of tall shrubs and under-pruning of trees in some zones to create viewing windows.

Review of revised draft plan by State Government agencies

NGH Environmental developed a revised draft DVMP and this was provided to State Government agencies for comment. During this period Council sought to engage a coastal engineering consultancy to review the revised draft DVMP. The revised draft DVMP, State government agency feedback and Council’s revised coastal hazard assessment and mapping was provided to the coastal engineer for review.

The feedback from State Government agencies on the revised draft DVMP is summarised below. A copy of NSW Office of Environment & Heritage’s (OEH) advice is contained in attachment 3 and DPI Fisheries – Jervis Bay Marine Park is contained in attachment 4.

NSW Office of Environment & Heritage (OEH)

The following is an extract from OEH’s advice date June 2017.

· OEH acknowledges the extensive work that Council has undertaken in preparing and revising this Plan, including collaboratively working with the community. Whilst there have been improvements to the Plan, the intent of some of the management responses still do not meet the objectives or principles of the NSW Government’s coastal reforms including the Coastal Management Act, Coastal Management State Environmental Planning Policy and the Coastal Management Manual.

· The clearing and modification of dune vegetation, to enhance visual amenity/views, as detailed in the revised Plan is not supported

· The clearing of dune vegetation has the potential to increase the risk of coastal hazards to public and private infrastructure and compromise the long-term viability of dune vegetation. The coastal hazard risk for Collingwood Beach is well documented and identified as significant within Council’s Coastal Zone Management Plan (CZMP) and coastal hazard and risk assessments.

· The management responses proposed for management zones 2 within the Plan will not contribute to maintaining the resilience and natural function of the dune system. The key objectives of this management zone are to modify and remove vegetation to enhance visual amenity/views. The proposed management activities for this zone would compromise the viability of dune vegetation and stability and are not supported. The Plan does not clearly highlight any potential impacts to dune vegetation or stability associated with this management approach.

· The management approaches proposed for management zones 1, 4 and 5 are considered to be more appropriate to sustainably manage dune vegetation. For management zone 4, in locations where targeted illegal vegetation clearing has occurred, the primary objective is highlighted as being to “re-establish a vegetation structure that increases the ability of the dune to resist coastal hazards.” The management activities to achieve this objective are supported, though, the longer-term objective to manage the vegetation similarly to the management objectives and activities proposed for zones 2 are not supported.

· The Plan is not consistent with the strategies and actions for the location within Council’s CZMP.

· The plan does not meet the objectives of the Coastal Management Grant Program and therefore could not attract subsidised funding for implementation.

· The outcomes of the Our Coast Our Lifestyle report regarding community views on the importance of dune management are not entirely reflected in the Plan.

· The proposal to install appropriately positioned and designed public viewing platforms is appropriate to enhance scenic values & provide the visual amenity/views sought by the community.

· The Plan should identify actions to address the issue of illegal clearing including regulation, monitoring and community awareness etc.”

Crown Land

· Improvement on previous draft DVMP.

· Needs anti-vandalism strategy that includes replanting of vandalised vegetation and consideration given to installation of man-made anti vandalism barriers or devices.

DPI Fisheries - Jervis Bay Marine Park

· Acknowledged the extensive work and community consultation Council has undertaken and changes made in an attempt to address previous concerns raised.

· A review of environmental factors (REF) for the prosed activities within the revised draft DVMP would require consultation with DPI Fisheries - Jervis Bay Marine Park and consideration of advice provided.

· Altering dune vegetation has the potential to change the functioning of the dune system, and either directly or indirectly (through the subsequent need to beach scrape and sand nourish) impact on habitat within the marine park.

· The plan would benefit from including further detail on how any detected vandalism will be addressed and how it will influence future vegetation management at the site.

· It is noted on page 28 that " ... felling tall shrubs that occur underneath the canopy of under-pruned trees is unlikely to compromise dune stability as the trees will fulfill the role of the tall shrub species ...". The plan would benefit from including a strategy for maintaining appropriate dune vegetation when an under-pruned tree dies and there are no emergent tall shrubs or trees beneath the canopy to take its place because they have been cleared.

· Page 44 - "... remedial action would be considered including potential importation of sand or (emphasis added) planting of additional vegetation ...". It seems unlikely that importing additional sand would have any lasting impact if it is not also stabilised with additional planting. I also refer to my previous comments in relation to beach scraping and sand nourishment of Collingwood Beach as a result of inadequate vegetation management.

Review of revised draft plan by coastal engineer

NSW Government’s Manly Hydraulics Laboratory (MHL) were engaged by Council to undertake a review of the revised draft DVMP (NGH Environmental, Draft v4, April 2017) to assess whether or not the proposed actions within the plan would be likely to compromise the integrity of the dune from a coastal protection perspective and/or increase the risk of coastal erosion. MHL’s review included a site visit to understand the scope and extent of the proposed actions within the management plan, while the management plan review included consideration of previous coastal hazard assessments carried out for Collingwood Beach.

A copy of the full report is contained in attachment 2. In summary, the main findings of the review are as follows:

· The public shared pathway and private properties behind the dune are subject to risks related to coastal hazards which are projected to increase over time with ongoing sea level rise

· Maintaining a well vegetated dune system is important for coastal protection primarily via the vegetation’s role of trapping sediment to increase the volume of the dune system, allowing for a degree of mitigation against short term storm erosion demand and providing a buffer against long term beach recession

· A number of proposed actions within the plan have been identified as likely to have an adverse impact on the stability of the dune coastal hazards are projected to increase as a result of sea level rise making the long term stability and resilience of the dune system paramount as a means of protecting both public and private property and beach amenity.

· MHL recommended that SCC seek to further revise the draft management with an increased emphasis on dune stability and coastal hazard mitigation in keeping with the principles and requirements of the NSW Coastal Management reforms.

In zones 2 and 3, the revised draft DVMP proposed to -

· Under-prune Norfolk Island Pine trees

· Under-prune mature trees (those over 4 m)

· Fell all tall shrubs and young tree less than 3 m tall where they occur underneath the

canopy of under-pruned trees

In section 3.2 of the report, MHL state that these “actions would adversely impact the ability of the dune vegetation to influence the wind field over the beach which promotes dune building and maintenance, reducing the overall resilience of the dune in these areas. Furthermore, the felling of tall shrubs and replacement with low shrubs would be expected to reduce the penetration of root systems into the dune and hence reduce the shear strength within the dune structure which presently acts to resist or slow the rate of erosion occurring during wave attack. The stated objective of “maximising low level views by lifting the canopy on mature trees to a height of 3m” is directly opposed to the promotion of a resilient dune system.”

MHL go on to state that “by creating a “viewing window” the effect of the secondary and tertiary vegetation in deflecting the wind field upwards may be reduced, negatively impacting the capacity for further dune growth or regrowth following erosion events. Based on the current dune height and existing coastal hazards, the Dune Vegetation Management Plan should aim to increase the height of the dunes to reduce hazards related to wave runup and overtopping of the dune, and increase the volume of the dune to mitigate against projected beach recession as a result of sea level rise. Localised areas where the dune height can presently be found to be lower than the average are ipso facto at greater risk. The current actions as proposed in the plan for Zone 2 and Zone 3 are likely to detrimentally affect the long term stability of the dune and hence would reduce the dunes effectiveness as a means of coastal protection.”

Where planting of vegetation has been included in the plan, the recommended spacing of 5m “is considered to be too great to result in any significant improvements in dune stability” (MHL). Further MHL go on to state that “from a coastal protection perspective, to achieve the stated objective “to re-establish a vegetation structure that increases the ability of the dune to resist coastal hazards while maintaining filtered views”, the spacing of plantings will need to be sufficiently close to allow the dune vegetation to modify the wind field to a sufficient extent to promote dune building or re-building following erosion.”.

Conclusions and recommendations

Based on the advice provided by MHL and State Government agencies and the requirement for Council to comply with the Coastal Management Act and coastal reforms, further revisions of the plan have ceased until all of this information and report findings were reported back to Council, and future direction confirmed.

The extensive community engagement process indicated a desire from some sectors of the community for viewing windows and opportunities along the length of the dune from private properties and the shared pathway. The technical advice collated indicates that this is not an option that can be achieved without compromising the safety and long-term integrity of the public and private assets along this strip. Council has also received advice in relation to managing these risks which was contained in a confidential report to Council’s Strategy & Assets Committee meeting 15 December 2016. A copy of this confidential report is provided in the Councillor Information Folder.

Based on all of this information and the extensive community engagement process, these investigations have exhausted all options for modification of dune vegetation to provide for views, other than viewing platforms located in accordance with the MHL report. The outcome of the process and investigation and all advice to date from government agencies, consultants and legal services leads to the conclusion that Council cannot remove or prune vegetation without compromising the integrity of the dune and increasing the risk to private and public assets.

In consideration of all of this information and advice, it is recommended that Council engage NGH Environmental to revise the draft DVMP to remove actions relating to modification of dune vegetation and include a planting schedule as well as recommended locations for at least 2 viewing platforms. It is recommended that this revised draft plan be reported to council for adoption.

It is also recommended that the anti-vandalism strategy as outlined below be implemented immediately to mitigate against continuing vandalism. Council’s Foreshore Reserves Policy and Compliance Policy should be updated to include the anti-vandalism strategy and be reported back to Council for adoption.

Anti-vandalism strategy

Council’s RID squad have developed a successful compliance strategy to regulate and minimise illegal waste dumping. It is recommended that a similar model be implemented with the aim of reducing the frequency, extent and severity of vegetation vandalism along Collingwood Beach and other foreshore locations.

Actions would include both tactical and strategic responses as listed below as part of an all of Council approach.

These actions include:

· Compliance investigation where vandalism is identified.

· A hierarchy of compliance response where the offender is identified including fines, court action and restoration orders, depending upon the severity of the vandalism and environmental harm caused and whether or not it is a first offence.

· Signage - encouraging reporting of vegetation vandalism with a hotline number and/or email address

· Investigate Council being able to offer rewards to witnesses of tree vandalism

· Remote motion detection surveillance cameras

· Regular Ranger patrols

· Replanting and restoration of the dune where vandalism of vegetation occurs

· Installation of larger signs and/or barriers or in the location where vegetation has been vandalised

· Community education and awareness campaign

The strategy is to be referenced in Council’s Compliance Policy and Foreshore Reserve Policy to support Council officers in the implementation of the strategy as well as way to communicate and educate the community on Council’s response to vegetation vandalism.

This strategy should be implemented immediately to mitigate against continuing vandalism. As vegetation vandalism has continued since the draft DVMP was placed on public exhibition last year.

Community Engagement

Council exhibited the draft Council Dune Vegetation Management Plan for Collingwood Beach and the Collingwood Beach Preservation Group (CBPG) alternative approach from 21^st September to 19^th October 2016. A report detailing the outcome of the public exhibition is contained in attachment 1.

In summary, 522 submissions and 2 petitions were received during the exhibition period, 74% opposed the Council draft DVMP and 68% opposed the CBPG alternative approach.

These submissions included:

· 3 submissions from State Government Agencies- NSW DPI, NSW Lands and NSW OEH (these submissions are reported separately and are not included in the diagrams shown below)

· 1 submission on behalf of people who signed a petition on change.org with 946 signatories opposing strongly any lopping of vegetation (refer attachment 12 for full wording of petition)

· 1 submission on behalf of 1500 Vincentia residents and other users of Collingwood Beach requesting Council ‘NOT proceed with the Plans currently on exhibition’ (refer Attachment 13 for full wording of petition.

· 7 submissions from Community groups: Birdlife Shoalhaven, National Parks Association (Illawarra branch), Nature Conservation Council of NSW Inc., Lake Wollumboola Protection Association Inc., Collingwood Beach Preservation Group (CBPG), Vincentia Matters Inc. and Save Collingwood Beach. All submissions but one from the CBPG are strongly objecting to Council’s draft plan and CBPG alternative approach.

· 511 individual submissions. These include multiple submissions from same family members (the highest number recorded was for a foreshore resident family with 11 submissions). Individual submissions also include postcards produced by the Greens with individual comments

· Multiple submissions received from the same person were counted as one submission.

Council resolved to investigate an alternative approach due to the number and content of submissions as well as advice from NSW government agencies.

Policy Implications

In order to address vandalism and minimise future vandalism of dune vegetation and the associated risks as a consequence, it is recommended that Council adopt the anti-vandalism strategy as described above and amend its Compliance Policy and Foreshore Reserves Policy to include this strategy.

Financial Implications

The cost of implementing the draft DVMP as publically exhibited was evaluated at approximately $160,000 initially with annual maintenance cost of approximately $60,000. The cost of implementing the CBPG alternative approach was evaluated at $92,000 initially with on-going annual maintenance cost of approximately $90,000.

The potential decline of Bushcare volunteers who contribute approximately $256,000 a year of Bushcare work is significant. Currently Council has 3,101 foreshore and bushland reserves to manage, which is 33% of all Council managed land. This amount of land could significantly increase as a result of the current State Government Crown Lands review. Council relies upon Bushcare workers to manage these areas to meet its obligations under the Crown Land Act and Local Government Act.

The cost to manage coastal erosion because of decreased dune resilience due to vegetation management activities could vary depending on the scale of the storm and its associated impacts. Erosion remediation strategies vary and could include beach scraping and revegetation of the dune, estimated cost of $300,000, escalating up to the possible construction of a seawall structure (worst case scenario) if severe erosion occurred, which has an estimated cost of $30 million.

Risk Implications

The risk to Council if a DVMP that included vegetation modification (pruning and removal) is adopted and implemented warrants careful consideration, as Council would have to demonstrate it has acted in good faith. OEH has advised that the draft plans do not comply with coastal legislation and the coastal management manual. Therefore, Council should consider carefully the exemption from liability under section 733 of the Local Government Act. A separate confidential report to Council’s Strategy & Assets Committee meeting 15 December 2016, provided more detailed advice on this matter.

Some owners of beach front residences in their submission during the public exhibition of the draft DVMP, clearly opposed the removal of vegetation in front of their property and warned Council of potential litigation should their house be impacted by future storms, others have not raised this concern.

Council is aware through its coastal hazard studies that the area is at risk from coastal storms. Clearing of vegetation has the potential to increase the risks to public and private assets from coastal hazards. Council’s significant community engagement program on Coastal Management (Our Coast Our Lifestyle) identified that the community ‘strongly value the natural environment’, ‘expect Council to take a long-term cost effective approach to managing the risk of coastal erosion, based on scientific evidence and expert advice’, ‘supports soft protection options, and particularly dune management, over hard options, to protect existing assets except in specific circumstances’

REGISTRATION FEES (incl. GST)	Payment due	Delegates from ACCA LGAs	Non ACCA members
Special Discount Offer – Pre-Conference Forum	30/11/2017	$220
Special Discount Offer – Conference	30/11/2017	$990
Early Bird Pre-Conference Forum AND Conference 20 to 23 March 2018	22/12/2017	$1,375	$1,650
Early Bird Conference ONLY 21 to 23 March 2018	22/12/2017	$1,155	$1,320
Early Bird Pre-Conference Forum ONLY 20 March 2018	22/12/2017	$440	$550
Standard Pre-Conference Forum AND Conference 20 to 23 March 2018	28/02/2018	$1,716	$2,101
Standard Conference ONLY 21 to 23 March 2018	28/02/2018	$1,386	$1,661
Standard Pre-Conference Forum ONLY 20 March 2018	28/02/2018	$550	$660
One Day – WEDNESDAY 21 OR THURSDAY 22 March 2018	28/02/2018	$550	$660
One Day – FRIDAY 23 March 2018	28/02/2018	$385	$495

Lessee	Kids Korner Combined Occasional Care Centre Inc
Lessor	Shoalhaven City Council
Premises	Lot 19 & Lot 20 DP 245773 at 23-25 Park Road Nowra
Term	5 years
Assessed Market Rent	$63,422 plus GST per annum
Rent Payable	$7,220.60 inc GST per annum, payable monthly in advance
Application of Rent Assessment Policy	Rental subsidy = 90%
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)

Lessor	Shoalhaven City Council
Lessee	NBN Co Limited
Land	Gerroa Road Shoalhaven Heads( Wastewater Treatment Plant)
Folio Identifier	Part 1/615003
Access to Premises	Unrestricted Access.
Term	four (4) consecutive five (5) year lease agreements
Lease Fee	$15,771.00 plus GST
Lease Fee Review	Increase of 3% per annum
Lease Fee Review Date	Each anniversary of the commencement date
Permitted Use	Installation, de-installation, testing, maintenance, repair, variation, modification, operation and removal of the equipment as part of the Network. The Network being “the telecommunications network and telecommunications services operated by the tenant in Australia pursuant to the Telecommunications Act 1997 (Cth)” as stipulated in the lease agreement.
Public Liability Amount	$20 Million
Legal and Other Costs	NBN Co Limited will pay all Council’s legal expenses for Lease negotiations and preparation capped at $3,000; NBN Co Limited will pay any registration fees payable in relation to the Lease agreement;
Administrative Expenses	NBN Co Limited will pay all expenses reasonably incurred by Council in the process of agreeing to Lease this site. These expenses may include: a. Site Management Fees; b. Initial site set up / Application Fee; and c. Amend Site Setup Fee; As published in Council’s adopted Schedule of Fees and Charges.
GST	Unless otherwise stated all amounts quoted are exclusive of GST.