Agenda of Ordinary Meeting - 19 December 2017

Ordinary Meeting

Meeting Date: Tuesday, 19 December, 2017

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

Membership (Quorum - 7)

All Councillors

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

Agenda

1. Acknowledgement of Traditional Custodians

2. Opening Prayer

3. Australian National Anthem

4. Apologies / Leave of Absence

5. Confirmation of Minutes

· Ordinary Meeting - 28 November 2017

6. Declarations of Interest

7. Presentation of Petitions

8. Mayoral Minute

9. Deputations and Presentations

10. Notices of Motion / Questions on Notice

CL17.328..... Notice of Motion - Lessons for the Shoalhaven from the Californian Bushfires 1

CL17.329..... Notice of Motion - Review of the Bomaderry Sporting Precinct Masterplan. 2

CL17.330..... Notice of Motion - Shoalhaven Heads New Years Eve Fireworks................ 3

11. Committee Reports

CL17.331..... Report of the Strategy & Assets Committee - 12 December 2017................ 4

SA17.308.... Proposed Lease - 39 Holloway Road, Nowra - Illawarra Shoalhaven Local Health District

SA17.309.... Proposed Licence from Crown Lands - Admiralty Cr, Huskisson Jetty

SA17.310.... Right of Carriage Way - Closed Section of North Street, Berry

SA17.311.... Acquisition of Part Lot 2 DP1170503 - 124 Princes Highway, South Nowra

SA17.312.... Acquisition 333 Illaroo Road North Nowra

SA17.317.... Acquisition and sale of land at Huskisson

SA17.318.... Payment of Dividend from Shoalhaven Water 2016-17

CL17.332..... Report of the Shoalhaven Access Advisory Committee - 20 November 2017 7

SAA17.41.... Applications for Membership - Chris Mitchell and Kylie Knight

CL17.333..... Report of the Shoalhaven Heads Estuary Taskforce - 20 November 2017.. 8

SH17.7........ Shoalhaven Heads Estuary Task Force recommendations - report on financial and resourcing implications

CL17.334..... Report of the Shoalhaven Natural Resources & Floodplain Management Committee - 23 November 2017......................................................................................... 9

SN17.23...... Currarong Coastal Erosion Remediation
Detailed Design Progress Report November 2017

CL17.335..... Report of the Homelessness Taskforce Shoalhaven - 27 November 2017 10

HT17.4........ Homelessness Policy

HT17.5........ Frankston Council - Homelessness in Australia

CL17.336..... Report of the Shoalhaven Arts Board - 7 December 2017.......................... 14

AB17.23...... Draft Shoalhaven Libraries Strategic Plan 2017 - 2021

AB17.25...... Shoalhaven Regional Gallery Additional Resources Allocation

CL17.337..... Report of the Shoalhaven Traffic Committee - 12 December 2017............ 15

TC17.82...... Intersection Upgrade - The Wool Road, Walterhood Parade– Coastal Waters - Worrowing Heights (PN 1797)

TC17.84...... Proposed No Stopping Zone - Beach Street - Huskisson (PN 3441)

TC17.85...... Proposed Raised Pedestrian Crossing - Brereton Street - Nowra (PN 3442)

TC17.86...... Proposed No Stopping Zone - Ritchie Street – Bomaderry (PN 3443)

TC17.87...... Extension No Stopping Zone - Illaroo Rd - North Nowra (PN 3444)

TC17.88...... Regulatory Line Marking - Sutton St – Vincentia (PN 3445)

TC17.89...... No Stopping Zone - Intersection Croobyar Road & Woodstock Road - Milton (PN 3446)

TC17.90...... Car Park Service Agreement – Aldi - Boree Street - Ulladulla (PN 3450)

TC17.91...... Regulatory Signage and Line Marking – Indoor Sporting Facility - Cambewarra Rd – Bomaderry (PN 3451)

TC17.92...... Line Marking - Nowra Anglican College - Upper & Lower Carpark (PN 3454)

TC17.93...... Proposed temporary occupancy of off street public parking – Wason Street Car Park - Ulladulla

TC17.94...... Yellow Line Marking - No Stopping Zones - Shoalhaven City Roads (PN 3455)

TC17.97...... Additional Item - Request for Proposed North Street "Keep Clear" Markings - Nowra Chamber of Commerce

12. Reports

CL17.338..... Local Government Amendment (Regional Joint Organisations) Bill 2017.. 19

CL17.339..... Update on progress of preparing a Development Application for a motor sports facility....................................................................................................................... 21

CL17.340..... Shoalhaven River Festival............................................................................ 23

CL17.341..... Southern Water Services Pty Ltd................................................................. 27

CL17.342..... Investment Report - November 2017........................................................... 28

CL17.343..... Acquisition of Easement for Water Supply over Nos 352 & 420 Parma Road, Parma...................................................................................................................... 32

CL17.344..... Sustainable Economic Growth for Regional Australia (SEGRA) Conference 2017...................................................................................................................... 35

CL17.345..... NSW Coastal Conference............................................................................ 45

13. Confidential Reports

Committee Reports

CCL17.44.... Report of the Strategy & Assets Committee - 12 December 2017

CSA17.17.... Acquisition 333 Illaroo Road North Nowra

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

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

Ordinary Meeting – Tuesday 19 December 2017

Page 1

CL17.328 Notice of Motion - Lessons for the Shoalhaven from the Californian Bushfires

HPERM Ref: D17/414320

Submitted by: Clr Bob Proudfoot

Purpose / Summary

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

Recommendation

That with the Californian bushfires in mind, Council receive an evaluation report detailing the lessons that can learnt from such a catastrophic event. The Report would need to include, but not be restricted to the following:

1. That impact of global warming and climate change:

2. The possible dangers of creating urban forests:

3. The danger areas in the Shoalhaven

4. The identification of suitable “fire resistant” vegetation; and

5. Ways of encouraging input from local and suitably qualified experts within the Shoalhaven community.

Note by the General Manager

Much of the science related to bushfire is done through or by the Bushfire & Natural Hazards Cooperative Research Centre. Recommendations from results are fed through to relevant government agencies to inform changes and amendments to their legislation, policies and plans. For example, research results into grass fires has led to new guidelines for Bushfire Prone Land Maps that introduce a third category of vegetation, Category 3, grasslands. This in turn is reflected through amendments to AS3959 - Construction of buildings in bushfire-prone areas and Planning for Bushfire Protection 2006.

Other current and/or recent changes include the development of (draft) Guidelines for Existing Developments, a modelling tool for short fire runs and the recent Rural Fires Amendment (Fire Trails) Act 2016 No. 41.

The NSW Rural Fire Service is not only the lead combat agency for bush fires in NSW; it also has the aim of reducing the likelihood and consequence of fires occurring through comprehensive risk management programs, ignition management and the development of regulations for bushfire prone areas. District Bush Fire Risk Management Plans are used to develop appropriate hazard reduction strategies and actions based on assets identified as important by our local communities. These risk management plans are themselves provided as a state-wide template that has evolved in response to new or expanded knowledge.

Some types of plants and landscaping have properties that mean they can be more resistant to fires. This information can be found at http://anpsa.org.au/fire.html and in Appendix 5 of planning for bushfire protection.

More information can also be found on the Rural Fires website https://www.rfs.nsw.gov.au/

Ordinary Meeting – Tuesday 19 December 2017

Page 3

CL17.330 Notice of Motion - Shoalhaven Heads New Years Eve Fireworks

HPERM Ref: D17/417339

Submitted by: Clr Greg Watson

Clr Bob Proudfoot

Clr Mark Kitchener

Clr Mitchell Pakes

Purpose / Summary

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

Recommendation

That Council donate $5000 for fireworks at Shoalhaven Heads.

Note by the General Manager

The Strategy and Assets Committee held on 21 November 2017 considered item SA17.279. That Report recommended a $1500 donation, the amount was proposed by staff given that the request did not specify an amount and there was limited funding remaining in the unallocated donation budget. At that meeting a, deputation was provided by Mr Col Waller who advised that the amount sought from Council was $5000. The Strategy and Assets Committee resolved under Delegated Authority that this matter was deferred until a Clr Briefing on Donations (MIN17.980)

A rescission motion was received and was dealt with at the Ordinary Meeting 28 November 2017 (CL17.299). The rescission motion was lost (MIN17.1000).

The requested Councillor Briefing was held Thursday 7 December 2017.

A Notice of Motion (SA17.303) which proposed a review of firework donations and a contribution of $5000 towards New Year’s Eve Fireworks for Shoalhaven Heads was considered the Strategy & Assets Committee Meeting of 12 December 2017. The Notice of Motion was LOST and no replacement Motion was carried. As this item was not listed to be dealt with under delegation by the Committee, it is not considered that the Council has resolved in the negative with respect to the donation at this stage.

A rescission motion & subsequent Notice of Motion was submitted during the S&A meeting by Clr’s Watson, Proudfoot, Kitchener & Pakes.

The rescission motion is considered invalid as there is no decision to rescind, however in accordance with Clause 4.8(3) of the Code of Meeting Practice, the content of the proposed replacement Motion has been included in this report as a Notice of Motion for consideration of the Council.

Ordinary Meeting – Tuesday 19 December 2017

Page 4

CL17.331 Report of the Strategy & Assets Committee - 12 December 2017

HPERM Ref: D17/418352

SA17.308 Proposed Lease - 39 Holloway Road, Nowra - Illawarra Shoalhaven Local Health District

HPERM Ref: D17/375143

Recommendation

That Council:

1. Enter into a lease agreement in accordance with Council’s Occupation of Council Owned and Managed Land Policy (POL16/150) with Illawarra Shoalhaven Local Health District for the use and occupation of 39 Holloway Road, Nowra for a term of five (5) years at a commencing rental of $13,850.00 per annum plus GST;

2. List the subsidies applied of $18,572 plus GST, as assessed using the Rental Assessment Framework with annual CPI increases as a recognised donation in Council’s Annual Report each year for the term of the lease agreement;

3. Authorise the General Manager to finalise the lease terms that may not yet be determined and to sign any documentation necessary to give effect to this resolution.

SA17.309 Proposed Licence from Crown Lands - Admiralty Cr, Huskisson Jetty

HPERM Ref: D17/386961

Recommendation

That Council:

1. Enter into a licence agreement with the Department of Industry – Lands & Forestry for the Admiralty Cr, Huskisson jetty, for an indefinite term with an initial annual rent of $524.70 (Including GST) with annual CPI increases and a market review period at 3 years;

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

SA17.310 Right of Carriage Way - Closed Section of North Street, Berry

HPERM Ref: D17/389070

Recommendation

That Council:

1. Approve the creation of a right of carriage way over proposed Lot 1 being the section of North Street, Berry to be closed in accordance with MIN17.143 to benefit Lot 202 DP1115404;

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

SA17.311 Acquisition of Part Lot 2 DP1170503 - 124 Princes Highway, South Nowra

HPERM Ref: D17/395531

Recommendation

That Council:

1. Acquire part of Lot 2 DP1170503 at South Nowra consisting of 582.4m²for the agreed sum of $52,000 exc GST and pay reasonable costs incurred by the owner as a result of this acquisition in accordance with the Land Acquisition (Just Terms) Compensation Act (1991);

2. Funds to cover the cost of this acquisition be voted from S94 Project 01ROAD2143 ($21,375.88) with the balance of $35,000 voted from the Strategic Property Reserve;

3. The Strategic Property Reserve be reimbursed by future Section 94 contributions from Project 01ROAD2143;

4. Dedicate the acquired land as road pursuant to S10 of the Roads Act 1993;

5. Affix the Common Seal of the Council of the City of Shoalhaven to any documentation requiring the Seal to be affixed, otherwise the General Manager be given delegated authority to sign any documentation necessary to give effect to this resolution.

SA17.312 Acquisition 333 Illaroo Road North Nowra

HPERM Ref: D17/397823

Recommendation

That Council in accordance with Section 10A(2) (c) of the Local Government Act 1993, consider a separate confidential report on this matter.

SA17.317 Acquisition and sale of land at Huskisson

HPERM Ref: D17/371168

Recommendation

That Council resolve to:

1. Acquire part of Lot 100 DP1222232 at Huskisson, shown highlighted yellow on the attached draft survey plan, for an amount of $19,500 plus GST.

2. Sell part of Lot 5 DP544758 at Huskisson, shown highlighted blue on the attached draft survey plan, for an amount of $2,500 plus GST.

3. Reimburse the owner’s reasonable legal costs in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, from Council’s Sewer Fund. Proceeds from the sale of the Council land are to be paid to that fund to partially offset the acquisition costs.

4. Classify the acquired land as Operational land in accordance with Section 31(2) of the Local Government Act.

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

SA17.318 Payment of Dividend from Shoalhaven Water 2016-17

HPERM Ref: D17/389075

Recommendation

That Council determines that “substantial compliance” of the criteria in the Best Practice Management of Water Supply and Sewerage Guidelines has been achieved and a dividend will be paid from the water fund to the general fund for the 2016/2017 budget year.

Ordinary Meeting – Tuesday 19 December 2017

Page 14

CL17.336 Report of the Shoalhaven Arts Board - 7 December 2017

HPERM Ref: D17/418265

Attachments: 1. AB17.23 - Shoalhaven Libraries Strategic Plan 2017-2021 (under separate cover) ⇨

AB17.23 Draft Shoalhaven Libraries Strategic Plan 2017 - 2021

HPERM Ref: D17/324683

Recommendation

That:

1. Council place the Draft Shoalhaven Libraries Strategic Plan 2017 – 2021 on public exhibition for a period of 28 days

2. If no significant adverse comments are received at the close of the public exhibition period, the Draft Shoalhaven Libraries Strategic Plan 2017 – 2021 be deemed adopted.

AB17.25 Shoalhaven Regional Gallery Additional Resources Allocation

HPERM Ref: D17/391923

Recommendation

That the Shoalhaven Arts Board

1. Endorses Shoalhaven Regional Galleries request for additional budget and resources to be allocated to enable consolidation of the facilities success and continual growth of the galleries services for the Shoalhaven community and CBD.

2. Champions the integral role Shoalhaven Regional Gallery can take in the revitalisation of Nowra CBD

Note by the General Manager:

The request for additional budget and resources is noted however increasing gallery services has not been identified as a high priority compared to other demands across the organisation. The annual Community Survey undertaken in 2017 shows “Shoalhaven Regional Gallery, Nowra” as “High Performance” and “Very low derived Importance”. On this basis Council would not be advised to provide additional resources at this time.

Ordinary Meeting – Tuesday 19 December 2017

Page 15

CL17.337 Report of the Shoalhaven Traffic Committee - 12 December 2017

HPERM Ref: D17/418076

Attachments: 1. TRAF 2017-82 (under separate cover) ⇨

2. TRAF 2017-84 (under separate cover) ⇨

3. TRAF 2017-85 (under separate cover) ⇨

4. TRAF 2017-86 (under separate cover) ⇨

5. TRAF 2017-87 (under separate cover) ⇨

6. TRAF 2017-88 (under separate cover) ⇨

7. TRAF 2017-89 (under separate cover) ⇨

8. TRAF 2017-90 (under separate cover) ⇨

9. TRAF 2017-91 (under separate cover) ⇨

10. TRAF 2017-92 (under separate cover) ⇨

11. TRAF 2017-93 (under separate cover) ⇨

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

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

IMPORTANT NOTE:

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

1. Adopt the Traffic Committee recommendation;

2. Not Adopt the Traffic Committee recommendation; or

3. Request the Traffic Committee reconsider the issue.

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

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

TC17.82 Intersection Upgrade - The Wool Road, Walterhood Parade– Coastal Waters - Worrowing Heights (PN 1797)

HPERM Ref: D17/408815

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the installation of a channelised right turn treatment (CHR), auxilary left turn (AUL) in, basic auxilary left (BAL) out and the associated signage and line marking at the intersecton of The Wool Road and Walterhood Parade, Worrowing Heights, as part of the Coastal Waters development as detailed in the attached plan TRAF2017/82.

TC17.84 Proposed No Stopping Zone - Beach Street - Huskisson (PN 3441)

HPERM Ref: D17/408952

Recommendation

That the General Manager (Director Assets and Works) be requested to arrange for the installation of an 85m (approx.) No Stopping zone including signage and yellow No Stopping edge line marking on the eastern side of Beach Street, from approximately 10m north of the White Sands Holiday Park access to the formal 90-degree angled parking on Beach Street, Huskisson, as detailed in the attached plan TRAF 2017/84.

TC17.85 Proposed Raised Pedestrian Crossing - Brereton Street - Nowra (PN 3442)

HPERM Ref: D17/409002

Recommendation

That the General Manager (Assets & Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed raised pedestrian crossing and associated signage and line marking on Brereton Street, Nowra as detailed in the attached plan TRAF2017/85(a & b) subject to the installation of zigzag advance pavement markings on the approaches.

TC17.86 Proposed No Stopping Zone - Ritchie Street – Bomaderry (PN 3443)

HPERM Ref: D17/409035

Recommendation

That the General Manager (Director Assets and Works) be requested to arrange for the installation of a 30m (approx.) No Stopping zone on the northern and southern sides of the bend adjacent to properties #5, #7, #12 & #14 Ritchie Street, Bomaderry as detailed in the attached plan TRAF2017/86.

TC17.87 Extension No Stopping Zone - Illaroo Rd - North Nowra (PN 3444)

HPERM Ref: D17/409050

Recommendation

That the General Manager (Director Assets and Works) be requested to arrange for the extension of the No Stopping zone 20m (approx.) south to the southern side of the Clelland Lodge driveway access, as detailed in the attached plan TRAF 2017/87.

TC17.88 Regulatory Line Marking - Sutton St – Vincentia (PN 3445)

HPERM Ref: D17/409071

Recommendation

That Council rescind the previous motion (MIN 16.194) and that the General Manager (Director Assets and Works) be requested to arrange for the installation of following as detailed in the attached plan TRAF2017/88:

1. 100m (approx.) of double barrier centre line marking

2. ‘No Through Road’ signage at the intersection of Elizabeth Drive and Sutton Street.

TC17.89 No Stopping Zone - Intersection Croobyar Road & Woodstock Road - Milton (PN 3446)

HPERM Ref: D17/409092

Recommendation

That the General Manager (Director Assets and Works) be requested to arrange for the installation of a 10m (approx.) No Stopping zone 'Emergency Vehicles Excepted' adjacent to the hydrant and drying rack in the reserve, as detailed in the attached plan TRAF 2017/89.

TC17.90 Car Park Service Agreement – Aldi - Boree Street - Ulladulla (PN 3450)

HPERM Ref: D17/409173

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the Aldi carpark regulatory signage plan to time restrict parking to 2 hour (2P) between the times of 8am and 4pm Monday to Friday and between the times of 8am to 4pm Saturday to Sunday, Boree Street, Ulladulla as detailed in the attached plan TRAF 2017/90.

TC17.91 Regulatory Signage and Line Marking – Indoor Sporting Facility - Cambewarra Rd – Bomaderry (PN 3451)

HPERM Ref: D17/409192

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed signage and line marking associated with the Indoor Sporting facility, Cambewarra Road, Bomaderry as detailed in the attached plan TRAF2017/91 (a – g), subject to:

1. All No Stopping signage being NSW R5-400 series standard signage.

TC17.92 Line Marking - Nowra Anglican College - Upper & Lower Carpark (PN 3454)

HPERM Ref: D17/409259

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed signage and line marking associated with the internal car park changes at the Nowra Anglican College, 94 Bunberra Street, Bomaderry as detailed in the attached plan TRAF2017/92 (a – c).

TC17.93 Proposed temporary occupancy of off street public parking – Wason Street Car Park - Ulladulla

HPERM Ref: D17/409356

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objections of a technical nature to the temporary loss of 22 parking spaces in the off-street public car park of South Street during the 12 month construction phase as required by DA06/2236 and CC17/2407 at #26 - #32 Wason Street, Ulladulla as detailed in the attached plan TRAF 2017/93, subject to broader public consultation, the payment of associated fees and Section 138 approval.

TC17.94 Yellow Line Marking - No Stopping Zones - Shoalhaven City Roads (PN 3455)

HPERM Ref: D17/409386

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objections in principle in the application of yellow No Stopping edge line marking on Shoalhaven city roads, subject to a merit (case by case) review by the Shoalhaven Traffic Committee and subsequent recommendation to Council.

TC17.97 Additional Item - Request for Proposed North Street "Keep Clear" Markings - Nowra Chamber of Commerce

Recommendation

That:

1. The Shoalhaven Traffic Committee not support the request for “KEEP CLEAR” pavement marking on North Street, Nowra.

2. The matter be referred to Council’s Traffic Unit to investigate potential options, including but not limited to realigning the road, removal or relocation of the pedestrian crossing for this vicinity to report the matter to Council.

Ordinary Meeting – Tuesday 19 December 2017

Page 19

CL17.338 Local Government Amendment (Regional Joint Organisations) Bill 2017

HPERM Ref: D17/417499

Group: General Manager's Group

Attachments: 1. LG Amendment Bill (under separate cover) ⇨

2. Frequently Asked Questions (under separate cover) ⇨

Purpose / Summary

To report on the implications of the new legislation and have Council formally resolve to join a Joint Organisation (JO).

Recommendation

That in accordance with Part 7 of Chapter 12 of the Local Government Act 1993 (Act), the Shoalhaven City Council (Council) resolves:

1. That the Council inform the Minister for Local Government, The Hon Gabrielle Upton, of the Council’s endorsement of the Minister recommending to the Governor the establishment of a Joint Organisation (Illawarra-Shoalhaven Joint Organisation) in accordance with this resolution;

2. To approve the inclusion of the Council’s area in the Joint Organisation’s area;

3. That the Joint Organisation be established to cover the Council’s area and any one or more of the following council areas:

a. Wollongong City Council

b. Shellharbour City Council

c. Kiama Municipal Council

d. Shoalhaven City Council

4. That before 28 February 2018, the General Manager provide the Minister with a copy of this resolution including the date on which Council made this resolution; and

5. That, on the expiry of a period of 28 days from the making of this resolution, the General Manager inform the Minister that this resolution has not been rescinded.

Options

1. As recommended.

Implications: Council will continue to participate in the Illawarra-Shoalhaven Joint Organisation (ISJO).

2. Resolve not to join the ISJO.

Implications: Council will not benefit from the regional focus & collaboration work of the JO.

Background

Council has had a long history of participation in a regional group, originally the Illawarra Regional Organisation of Councils (IROC), then the Southern Councils Group and more recently the Illawarra Pilot JO renamed the Illawarra-Shoalhaven JO. Over these years Council has been involved in regional lobbying campaigns (phocus), regional planning, joint projects & services (RID, Waste) & joint procurement. There are also established staff networks between the member councils relating to economic development, planning, finance & asset management.

The new legislation gives the required legal framework to strengthen the Joint Organisation and creates a better platform to expand and grow its role, value and relevance in coming years.

The Office of Local Government have provided a suggested Council resolution (as per recommendation) and it is necessary to advise the Minister for Local Government before 28 February 2018 of Council’s decision.

Membership of a JO is voluntary. The JO would formally commence from 1 July 2018 under the new legislation.

Community Engagement

Council has participated in a regional organisation for many years. It is not considered any Community Engagement is necessary.

Financial Implications

Council currently pays a contribution to the current JO based on an agreed formula. The current contribution is $57,784.10 (GST Inc).

Council has made savings on its join procurements and accrues other benefits in a regional context.

Ordinary Meeting – Tuesday 19 December 2017

Page 21

CL17.339 Update on progress of preparing a Development Application for a motor sports facility.

HPERM Ref: D17/415819

Group: General Manager's Group

Section: Economic Development

Purpose / Summary

This is an update of work undertaken to date to deliver on various Council resolutions to prepare a Development Application for a motor sports facility.

Recommendation

That Council accept the report on progress of preparing a development application for a motor sports facility for information

Options

1. Accept the recommendation as written

2. Propose an alternate recommendation

Background

Council has resolved (17th October 2017) to prepare a Development Application for a motor sports facility (MIN17.915).

RESOLVED

That:

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

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

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

4. That initial costs associated with the review and DA submission be funded through the economic development budget

5. Recoupment of all costs be factored into any future lease arrangements

6. The General Manager provide a detailed report on how “serious and irreversible impacts” have been addressed in similar situations, and what precedents have been established in that regard.

Part 1 has been actioned - Locale Consulting has been engaged to provide planning and project management advice to the EDO during the preparation of the DA. This engagement will be undertaken in stages with the first stage to review the previous DA and obtain other consultancy advice regarding the project and the new Biodiversity legislation.

A suitably qualified consultant (GHD) has also been engaged to undertake an initial assessment of the site at Yerriyong with respect to the new Biodiversity legislation and provide the EDO with guidance for a way forward. Onsite field work has commenced and a report is expected early in 2018.

Meetings have also been held with staff from Development & Environmental Services regarding the previous application and requirements for the new application.

Part 2 has been actioned - A working group comprising staff from the Economic Development Office (EDO) and members of South Coast Motor Sports Club Inc. has been formed and two meetings have been held to establish the working group and discuss the way forward. It is proposed to schedule monthly meetings throughout 2018 where matters can be tabled and discussed.

Parts 3 and 5 will not require actioning in the immediate future.

Part 4 was addressed in the report to council as part of the September Quarterly Budget report.

Part 6 was actioned and a report submitted to Development Committee on 14^th November 2017 by the Planning, Environment & Development Group.

Community Engagement

This will occur in the normal manner as part of any DA notification process once a DA is submitted.

Financial Implications

To date expenditure in the order of $20,000 has been committed.

Risk Implications

The risk issues relate primarily to the environmental constraints of the site and any cost implications arising or risk that approval cannot be obtained.

Ordinary Meeting – Tuesday 19 December 2017

Page 23

CL17.340 Shoalhaven River Festival

HPERM Ref: D17/404842

Group: Finance Corporate & Community Services Group

Purpose / Summary

To provide Council with an update on the 2017 Shoalhaven River Festival

Recommendation

That Council

1. Note the report on the 2017 Shoalhaven River Festival

2. Thank all the volunteers involved in running another very successful event

3. Council vote an additional $15,500 in the December budget review to cover the events budget over runs

4. That Lynn Locke and Chance Hanlon be thanked for their commitment and work in assisting in growing the Shoalhaven River Festival since its inception.

Options

1. Adopt the recommendations as stated

Implications: The Shoalhaven River Festival report will be received and funding will be provided to address budget over runs

2. Provide alternate recommendations

Implications: The implications will be dependent on what for the recommendation/s could take.

Background

The following information has been provided by the Committee for Council’s consideration. This year, the Committee believe was the most successful Festival with an average of 10,000 to 15,000 in attendance. The comments from the community and businesses has been nothing but positive.

The crowd watching the evening entertainment and especially the fireworks was much bigger than previous years and the fireworks display, is one of the best at any regional event. The fireworks are also the pinnacle of the Festival and something that the community embrace and love.

This year the Committee experienced a shortfall in funding and have forwarded to Council the invoices that need to be paid and we are requesting Council to assist.

It is acknowledged that this Festival is run by volunteers who receive no payment for the many hours they expend in putting together such an event. The committee is appointed under s355 of the LG Act and hence are acting as the council when it makes decisions. The expertise and passion these people bring to this Committee is what ensures the River Festival is so successful and continues to grow.

The reasons for the shortfall are varied and outlined below.

It should be noted that there was only a small increase ($1000) in the cost of the fireworks. This is due to the relationship the Committee has built with Fireworks Australia since the beginning of the Festival and they provide a display that well exceeds the investment.

Traffic Management - an increase of over $3000 from last year. The Committee is exploring the possibility of sourcing an alternate supplier at a much more reasonable rate. It is difficult to justify this expense except to say it is a necessity and essential service.

Stage and entertainment - the increase in this area was significant and considered by the Committee to be well worth the expenditure. Rather than using a truck, which was donated in previous years, along with a much cheaper make shift stage, this year the Committee invested in a special mobile stage that was a much more professional option. The comments regarding the stage and its new location were all very positive and complimentary and the Committee do not think the event can afford in the future to go back from this. Even the local performers revelled in being on such a stage when they were performing and all that attended commented about how great the stage was.

Having the Eurogliders was also an extra expense nearly double what the Committee paid for Dragon the previous year. Bear in mind as some of Dragon members are local they were willing to reduce their rate for our free community event. Obviously, this is not something that will happen every year and we have been fortunate in the past. Once again, the community engagement with the Eurogliders cemented our belief that this was a well worthwhile expense.

Marquee used for the ‘Event Office’. Although Shoalhaven Party Hire reduced the cost, by way of part sponsorship, there was a charge involved that in previous years had not occurred. In the past, we had free access to facilities to the rooms now used by The Dish and Spoon. Last year we still used part of the cafe area but this year we were unable to access this area. This will be an ongoing expense.

Portable toilets - once again in past years these were part of a Sponsorship arrangement with Coates Hire which unfortunately they could not continue this year. The cost therefore doubled from previous years. However, like Traffic Management, this falls under an essential service.

Marina – the festival did not have the same number of boats on the pontoons this year for various reasons. However, should the pylons be installed prior to next year the Festival is looking at a boat show, which has talked about for a number of years. This will increase income and add another dimension to the Festival.

Sponsorship - there was a slight drop in sponsorship this year. Many businesses have been sponsors since the beginning of the Festival and it is probably safe to assume that some of these businesses may drop their sponsorship contribution or move their money to other activities. There are lots of events seeking sponsorship in the Shoalhaven and this is something that Council needs to bear in mind for the future.

The extra costs outlined above and the drop in sponsorship have all contributed to this year's shortfall.

The River Festival is a fantastic event for the Shoalhaven and in particular those that live in the Nowra area who over the years have taken ownership of this event. The growth over the years and the interest of different activities wanting to be involved has grown. The NSW Ski Association is a prime example. They came along last year and never stopped raving about our river, the Festival itself and how next year they would like a much bigger involvement.

The boost to tourism is just another element. The Committee are waiting the results from this year's survey.

Asking Council for assistance is an investment in the community and in an event that stimulates pride in the Shoalhaven and boosts tourism.

Lynn Lock has announced that she will be standing down as Chair of the Committee and Chance Hanlon has announced that he is standing down from the Committee altogether. Staff will work with the committee to ensure there is sufficient expertise across its membership and will advertise for additional members if required.

The Council staff work closely with the Committee to provide advice and support to the as well as approvals for the event. Two staff members also supplied on the ground support for this year’s event during set-up and pack-down.

The staff have provided a list of suggestions for future events to help save money and strengthen out of region visitation.

Financial Implications

Council has already contributed $20,000 to the committee. The committee is essentially acting as council being a s355 committee. There is need for council to recognise the expenditure and provide additional funding of $15,500 for the 2017 Shoalhaven River Festival. Actions will be taken to work more closely with the Committee next year to ensure there is no overrun.

INCOME	AMOUNT
Festival Australia	$20,000.00
SPONSORSHIP	$70,430.00
PARADE	$270.00
MARKETS	$16,784.00
Petty Cash Balance	$216.25
GST Reimbursement	$2,659.35
FIREWORKS DINNER	$7,772.00

TOTAL	$118,131.60




EXPENSES	AMOUNT
Accommodation	$375.00
Publicity	$6,320.73
Artzone	$14,583.00
Food Vouchers	$422.00
Electrical	$1,063.17
Entertainment	$12,590.00
Fireworks Dinner	$6,200.00
First Aid	$1,000.00
Green Room	$1,337.18
Markets	$390.98
Photography	$1,000.00
Printing	$2,280.58
Splash Down	$15,800.00
Security	$4,576.00
Sponsors Night	$2,328.10
Stage	$15,296.00
Hire/ toilets/misc.	$4,054.96
Traffic Control	$17,017.00
Waste Management	$2,506.34
Fireworks	$11,500.00
Marina	$194.00
Petty Cash	$2,000.00
Wreck Bay Aboriginal Community - Flood markers	$3,190.00
Kerrina Sword - Art Zone - Artist Fees	$640.50
Family Spencer Band	$700.00
South Coast Tablelands Broadcasting	$6,325.00
TOTAL EXPENSES	$133,690.54

Balance	-$15,558.94
Red Denotes Outstanding amounts to be paid

Ordinary Meeting – Tuesday 19 December 2017

Page 27

CL17.341 Southern Water Services Pty Ltd

HPERM Ref: D17/412860

Group: Finance Corporate & Community Services Group

Section: Finance

Purpose / Summary

Southern Water Services is a propriety limited company wholly owned by Council. The purpose of this report is to appoint directors to the company.

Recommendation

That Council appoints five Councillors to be directors of Southern Water Services Pty Ltd.

Options

1. Appoint five directors.

Implications: The company will exist.

2. Appoint less then five but at least one director.

Implications: The company will exist.

3. Not appoint any directors and resolve to close the company.

Implications: The company will no longer exist.

Background

Southern Water Services Pty Ltd is a Council-owned company formed in 1998 with permission from the Minister of the day. Its constitution states that the Company was formed to “undertake the provision of water, sewerage and related services”. The Company was formed to operate in a commercial way under the Companies Act, on a similar basis to any other trading Company. It currently has no relationship with Shoalhaven Water operations or staff.

In the past, the company has been involved with the operations of the tea tree plantation and communication towers; these are now wholly operated by Council itself within Shoalhaven Water operations. The Company currently doesn’t have any business activities.

Should Council decide that it would like the Company to continue, at least one director is required to be appointed, but five is preferred to ensure any decisions are made appropriately.

Ordinary Meeting – Tuesday 19 December 2017

Page 28

CL17.342 Investment Report - November 2017

HPERM Ref: D17/413314

Group: Finance Corporate & Community Services Group

Section: Finance

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

Purpose / Summary

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

Recommendation

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

Options

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

Implications: Nil

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

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

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

Implications: Nil

Background

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

CPG Research and Advisory Pty Ltd includes a section on Council’s investment in institutions who lend to fossil fuels (see page 12).

The report also discloses that Council is immaterially over our capacity with the Members Equity Bank by $290k, due to the purchase of a new issue floating rate note with a good return margin. In December, Council has rectified this position by selling the ME Bank FRN that was to mature in April 2018. There are also term deposits maturing in February and March that will ensure our compliance with the policy is met for this institution (see page 9).

The investment interest earned to the month of November is $2,309,176, 46.37% of the total budget.

The investment interest earned for the month of November was $391,003, which was $24,002 below budget.

Due to the projected decrease in cash and investments during the year, budget movements are not recommended.

The table below lists the major movements:

Total Cash and Investments	+ $3,615,789
Unrestricted General Fund Cash	+ $11,845,965	Rates instalment month, transfer funds from Financial Assistance Grant reserve, funding of property purchases from Property Reserve, previously paid by General Fund.
Strategic Projects	- $936,772	Expenditure on projects e.g., Worrigee St footpath and the corporate business systems
Financial Assistance Grant	- $1,477,806	Transfer to general fund in line with the quarterly instalments.
Property Reserve	- $2,526,789	Funding in the quarterly budget review for the purchase of properties on Cambewarra Road Bomaderry
Loans	- $524,218	Expenditure on projects
Section 94	+ $1,082,801	Receipt of s94 contributions for a large development
Waste Disposal	+ $481,986	Rates instalment month
Sewer Fund	- $4,301,788	Expenditure on REMS
Water Fund	+ $699,056	Normal operating cycle

Certification – Responsible Accounting Officer:

I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulations 2005 and Council’s Investments Policy number POL16/186.

Michael Pennisi

Chief Financial Officer

Financial Implications

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

Ordinary Meeting – Tuesday 19 December 2017

Page 32

CL17.343 Acquisition of Easement for Water Supply over Nos 352 & 420 Parma Road, Parma

HPERM Ref: D17/409384

Group: Shoalhaven Water Group

Section: Water Asset Planning & Development

Attachments: 1. Easement Plan DP1235014 ⇩

Purpose / Summary

This report is submitted to seek Council approval to:

a. Acquire an Easement for Water Supply 3m wide over Lot 5 DP625968, No 430 Road Parma, from TD Pryce and CM Mladin for compensation of $3,500 and

b. Vary MIN17.746 to acquire and Easement for Water Supply 3m wide over Lot 3 DP612512, No 352 Parma Road Parma, DFA & LA Nile by increasing the compensation from $2,000 to $3,500.

Recommendation

That

1. Council resolve to acquire an Easement from Water Supply 3m wide over Lot 5 DP625968 No 430 Parma Road Parma, marked (E) and highlighted pink on easement plan DP1235014, attached.

2. Council pay compensation of $3,500 and reasonable legal costs associated with the acquisition, in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 from Council’s Water Fund.

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

4. Council resolve to vary MIN17.746 to acquire an Easement for Water Supply 3m wide over Lot 3 DP612512 No 352 Parma Road Parma, marked (E) and highlighted yellow on easement plan DP1235014, attached by increasing the compensation from $2,000 to $3,500.

Options

1. Resolve as recommended. The easement is required to formalise tenure over an existing pipeline on the subject properties.

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

Background

An Easement for Water Supply is to be acquired for an existing water main located on two adjoining private properties at Nos 352 and 430 Parma Road, Parma. The extent of the easement and affect on the properties is almost identical.

Compensation was assessed by Walsh & Monaghan P/L at nominal $2,000 for each acquisition. Conditional offers at that amount were made to the owners of both properties.

The offer was accepted by the owners of No 352 Parma Road (David & Leonie Nile) and approved by MIN17.746, file 52614E. The Transfer Granting Easement to be signed by the owners has not yet been issued.

The offer was not accepted by the owners of No 430 Parma Road (Terry Pryce & Carol Mladin). The owners submitted a claim of $25,000 based on an offer received for a communication tower site on their land. They were requested to obtain a valuation, the cost of which was estimated at $1,500 to be met by Council. Negotiations have resulted in Mr Pryce advising he would be prepared to accept compensation of $3,500 for the easement, in lieu of obtaining the valuation.

Walsh & Monaghan was requested to review the valuations. The valuer advised that an amount of $3,500 was considered reasonable and that it would be reasonable to also increase the compensation for No 352 Parma Rd to $3,500.

It is recommended that Council resolve to acquire the easement over No 430 Parma Road at compensation of $3,500 to obtain a negotiated settlement. Further action would most likely result in Council incurring further costs in excess of the increase of $1,500 from the original offer.

It is also recommended that Council resolve to increase the compensation for the easement over No 352 Parma Road to $3,500, as a reasonable approach by Council to maintain equity between adjoining land owners.

Financial Implications

The compensation and reasonable legal costs associated with the acquisition are to be funded from Council’s Water Fund.

Risk Implications

The acquisitions are necessary to secure Shoalhaven Water’s access for the operation and maintenance of essential public infrastructure.

The proposed action is administrative and has no environmental impact.

Ordinary Meeting – Tuesday 19 December 2017

Page 50

Local Government Amendment (governance & planning) act 2016

Chapter 3, Section 8A Guiding principles for councils

(1) Exercise of functions generally

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

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

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

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

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

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

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

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

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

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

(2) Decision-making

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

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

(b) Councils should consider social justice principles.

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

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

(3) Community participation

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

Chapter 3, Section 8B Principles of sound financial management

The following principles of sound financial management apply to councils:

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

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

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

(i) performance management and reporting,

(ii) asset maintenance and enhancement,

(iii) funding decisions,

(iv) risk management practices.

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

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

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

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

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

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

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

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

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

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

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

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

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