Ordinary Meeting

 

 

Meeting Date:     Tuesday, 22 May, 2018

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

Time:                   5.00pm

 

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 - 24 April 2018

·      Extra Ordinary Meeting - 15 May 2018

6.    Declarations of Interest

7.    Presentation of Petitions

8.    Mayoral Minute

9.    Deputations and Presentations

10.  Notices of Motion / Questions on Notice

CL18.107..... Rescission Motion - CL18.95 - Request for Funding Support - Broughton Vale / Berry Rural Fire Station - Site Works....................................................................... 1

CL18.108..... Notice of Motion - Request for Funding Support - Broughton Vale / Berry Rural Fire Station - Site Works........................................................................................ 2

11.  Committee Reports

CL18.110..... Report of the Strategy & Assets Committee - 15 May 2018.......................... 3

SA18.99...... Notice of Motion - Beach Access Warrain Beach, Currarong

SA18.103.... Requests for Donations - SeeChange Festival and Nowra Waterdragons Dragonboat and Outrigger Canoe Club

SA18.104.... March 2018 Quarterly Budget Review

SA18.107.... Shoalhaven River Pontoons

SA18.108.... Positive Covenant - Asset Protection Zone - Over Part Council Road - Park Way, Old Erowal Bay

SA18.109.... Establishment of Feral Animal Control All Areas Parkcare Group and Waratah Park Parkcare Group

SA18.110.... Compulsory Acquisition of Right of Access for Bushfire Vehicles at Jerberra Estate - Lot 57 DP11629, Invermay Ave, Tomerong

SA18.111.... Land Classification Lot 159 DP 11629 - Rolfe Street, Tomerong

SA18.112.... Proposed Sale - 76 Bridge Road Nowra

SA18.113.... Proposed Licence - R & B Packer Pty Limited - Mt Cambewarra Lookout Tearooms & Residence

SA18.114.... Proposed Retail Lease of Shop 37a/43 Kinghorne Street Nowra

SA18.118.... Potential site for the Sanctuary Point Library

SA18.122.... Milestone 6 Offer - REMS 1B - WP2.1: Transfer Main from Bomaderry to Nowra

CL18.111..... Report of the Shoalhaven Natural Resources & Floodplain Management Committee - 18 April 2018................................................................................................... 7

SN18.3........ Safe Navigation Action Group (SNAG) - Sussex Inlet Dredging Plan 2017

SN18.9........ Technical peer review of the River Road Foreshore Shoalhaven Heads: Assessment of the Coastal Management Options Report by MHL.

SN18.10...... Undertaking a Scientific Analysis of the Shoalhaven Dredging Program

SN18.5........ Citizen Science - Utilising Technology to Monitor the Coast

SN18.11...... Proposed Millards Creek and Currarong Creek Flood Study Projects

CL18.112..... Report of the Aboriginal Advisory Committee - 7 May 2018.......................... 9

AA18.14...... Review of Australian Aboriginal Flag Protocol

CL18.113..... Report of the Shoalhaven Traffic Committee - 8 May 2018........................ 11

TC18.47...... No Stopping Zone - Corner of Bunberra & Barwon Streets, Bomaderry (PN 3480)

TC18.48...... Centre Line Marking - Quinns Lane - Old Southern Rd to Princes Highway, South Nowra (PN 3481)

TC18.49...... Centre line marking - Chisholm St - Callala Bay (PN 3482)

TC18.50...... No Stopping Zone - Wells Pl Shoalhaven Heads (PN 3483)

TC18.51...... No Parking zone, Allerton Lane, Culburra Beach (PN 3484)

TC18.52...... No Parking - Electric - Albany Street, Berry (PN 3486)

TC18.53...... No Stopping Zone - Quinns Lane, South Nowra (PN 3488)

TC18.54...... No Stopping zone - 28 Central Avenue - South Nowra (PN 3469)

12.  Reports

CL18.114..... Draft Integrated Strategic Plan Chapter 1 (CSP) and Chapter 2 (DPOP)- Public Exhibition...................................................................................................... 22

CL18.115..... Growing Local Economies............................................................................ 25

CL18.116..... Shoalhaven Family Day Care - Advice of Successful Funding Application 42

CL18.117..... Australian Local Government Association - National Local Roads & Transport Congress 2018............................................................................................. 45

CL18.118..... Investment Report - April 2018.................................................................... 47

CL18.119..... Tenders - Shoalhaven Indoor Sports Centre - Trade Package No. 20 Internal Wall and Ceiling Linings....................................................................................... 51

CL18.120..... Coastal Zone Management Plan for the Shoalhaven Coastline 2018 - public exhibition...................................................................................................................... 53

CL18.121..... DA17/2242 – 160 Kinghorne Street, Nowra – Lot 2 DP 566370................. 57

CL18.122..... Tenders - Management and Operation - Shoalhaven Animal Shelter........ 62    

13.  Confidential Reports     

Committee Reports

CCL18.9...... Report of the Strategy & Assets Committee - 15 May 2018

CSA18.10.... Potential site for the Sanctuary Point Library

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.

 

CSA18.11.... Milestone 6 Offer - REMS 1B - WP2.1: Transfer Main from Bomaderry to 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.


 

 

Reports

CCL18.10.... Tenders - Shoalhaven Indoor Sports Centre - Trade Package No. 20 - Internal Wall and Ceiling Linings

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

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

 

CCL18.11.... Tenders – Management & Operation of the Shoalhaven Animal Shelter

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

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

        

 

 

 


 

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CL18.107   Rescission Motion - CL18.95 - Request for Funding Support - Broughton Vale / Berry Rural Fire Station - Site Works

 

HPERM Ref:       D18/141350

 

Submitted by:    Clr Mitchell Pakes

Clr Greg Watson

Clr Andrew Guile   

 

This item was deferred from the Extra Ordinary Meeting held Tuesday 15 May 2018.

Purpose / Summary

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

 

Recommendation

That Council rescind the Motion relating to Item CL18.95 of the Council Meeting held on Tuesday 24 April 2018.

 

 

Background

The following resolution was adopted at the Council Meeting held Tuesday 24 April 2018 (MIN18.314).

That Council advises the District Manager, Shoalhaven RFS that Council is unable to fund the estimated $400,000 (exc GST) additional cost of the Berry & Broughton Vale Rural Fire Service Station.

 

 


 

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CL18.108   Notice of Motion - Request for Funding Support - Broughton Vale / Berry Rural Fire Station - Site Works

 

HPERM Ref:       D18/141366

 

Submitted by:    Clr Mitchell Pakes

Clr Greg Watson

Clr Andrew Guile   

 

This item was deferred from the Extra Ordinary Meeting held Tuesday 15 May 2018.

Purpose / Summary

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

 

Recommendation

That Council advises the District Manager, Shoalhaven RFS that Council will fund the estimated $400,000 (exc GST) additional cost of the Berry & Broughton Vale Rural Fire Service Station, via a specific allocation in the 2018-2019 financial year.

 

 

 

Note by the General Manager

This Notice of Motion will be dealt with if the preseding Rescission Motion is carried.

  


 

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CL18.110   Report of the Strategy & Assets Committee - 15 May 2018

 

HPERM Ref:       D18/164774

 

SA18.99     Notice of Motion - Beach Access Warrain Beach, Currarong

HPERM Ref: D18/138448

Recommendation

That Council

1.    Urgently fund the upgrade or replacement of two access points to Warrain Beach, Currarong (making the total of 5 beach access points).

2.    Consider funding the project from the 2018/19 Operational Budget, Holiday Haven.

3.    Consider some sand / beach nourishment to Currarong Beach if necessary.

 

 

SA18.103   Requests for Donations - SeeChange Festival and Nowra Waterdragons Dragonboat and Outrigger Canoe Club

HPERM Ref: D18/142247

Recommendation

That Council declines the following requests for donations to:

1.    Jervis Bay & Basin Arts Inc. for the SeeChange Festival, on the grounds that they will receive $15,000 from Shoalhaven Tourism and $20,000 from the NSW Government, the donations budget for 2017/2018 is in deficit and the request does not meet the requirements of Council’s Donations Policy; and

2.    Nowra Waterdragons Dragonboat & Outrigger Canoe Club Inc, on the grounds that the donations budget for 2017/2018 is in deficit and the request does not meet the requirements of Council’s Donations Policy.

 

 

SA18.104   March 2018 Quarterly Budget Review

HPERM Ref: D18/149865

Recommendation

That Council:

1.    Receive the March Quarterly Budget Review information

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

3.    That Councillors be provided with a list of revoted projects/ funding from the 2017-18 to 2018-19 Budget.

 

 


 

 

SA18.107   Shoalhaven River Pontoons

HPERM Ref: D18/141315

Recommendation

That Council

1.    Not proceed with the additional pontoon project at Greys Beach.

2.    Proceed with the Shoalhaven River special event pontoon project minimising costs by using flexible anchorage. This will require approximately $63,000 (exc GST) in additional funding and that budget shortfall is to be addressed as part of the June 2018 budget quarterly review.

 

 

SA18.108   Positive Covenant - Asset Protection Zone - Over Part Council Road - Park Way, Old Erowal Bay

HPERM Ref: D18/66652

Recommendation

That Council:

1.    Resolve to approve the creation of a 3 metre wide by 47 metre length Asset Protection Zone over part of Council unmade road at Park Way, Old Erowal Bay adjoining the common north/eastern boundary of Lot 1 Sec C DP 12958 by way of Section 88E, Positive Covenant;

2.    Require the adjoining land owner of Lot 1 Sec C DP12958, Mark Bentley and Emily Crosthwaite, to pay compensation to Council in the amount of $3,375.00 plus GST (if applicable);

3.    Require that all costs associated with the creation of the positive covenant be met by Mark Bentley and Emily Crosthwaite; and

4.    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.

 

 

SA18.109   Establishment of Feral Animal Control All Areas Parkcare Group and Waratah Park Parkcare Group

HPERM Ref: D18/102063

Recommendation

That Council endorse ‘Parkcare’ Plans for Feral Animal Control (All Areas) and Waratah Park and allocate ongoing annual funding of $400 (CPI adjusted and exc GST) per plan to cover safety PPE, miscellaneous materials, waste disposal, purchase of minor tools commencing in Financial Year 2018/19.

 

 

SA18.110   Compulsory Acquisition of Right of Access for Bushfire Vehicles at Jerberra Estate - Lot 57 DP11629, Invermay Ave, Tomerong

HPERM Ref: D18/110179

Recommendation

That Council:

1.    Resolve to compulsorily acquire a right of access for bushfire vehicles over part of Lot 57 DP 11629, known as Lot 57 Invermay Ave, Tomerong (Jerberra Estate).

2.    Pay compensation for the acquisition including all ancillary costs, in accordance with the determination of the Valuer General under the terms and conditions of the Land Acquisition (Just Terms) Compensation Act 1991 from job number 85291;

3.    Approve the making of the necessary applications to the Minister for Local Government and the Governor; and

4.    Approve that the Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed and that otherwise the General Manager is authorised to sign any documentation necessary to give effect to the resolution.

 

 

SA18.111   Land Classification Lot 159 DP 11629 - Rolfe Street, Tomerong

HPERM Ref: D18/122156

Recommendation

That Council resolve to classify the land described as Lot 159 DP 11629 - Rolfe Street, Tomerong as Operational Land.

 

 

SA18.112   Proposed Sale - 76 Bridge Road Nowra

HPERM Ref: D18/126506

Recommendation

That Council

1.    Advertise its intention to dispose of Lot E DP 39320 known as 76 Bridge Road, Nowra in accordance with Policy 16/256 and if no objections received, authorise the sale of the property by way of public auction;

2.    Fund all costs associated with the sale from Job No 88809 and the net income be placed in the Strategic Property Reserve;

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

4.    Authorise the Common Seal of the Council of the City of Shoalhaven be affixed to any documentation requiring to be sealed and delegate to the General Manager authority to sign any documentation necessary to give effect to this Resolution.

 

 

SA18.113   Proposed Licence - R & B Packer Pty Limited - Mt Cambewarra Lookout Tearooms & Residence

HPERM Ref: D18/125929

Recommendation

That Council:

1.    Enter into a licence agreement with R & B Packer Pty Limited for the use and occupation of Part Lot 2 in Deposited Plan 849185 known as 182 Cambewarra Lookout Rd, Beaumont for an initial term of three (3) years with two (2) option periods of three (3) years each (i.e. 3 + 3 + 3 year licence) with gross rent for the first three years as follows:

a.    Year 1 - $21,635.37 + GST;

b.    Year 2 - $33,757.00 + CPI + GST;

c.    Year 3 – ($33,757.00 + CPI) + CPI + GST;

and with market rent review at end of year 3 and year 6, and with CPI increases annually from the commencement of the option period;

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

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

 

 

SA18.114   Proposed Retail Lease of Shop 37a/43 Kinghorne Street Nowra

HPERM Ref: D18/129736

Recommendation

That Council:

1.    Enter into a lease with Amie Gibson (trading as Beloved Scents and Beloved Boho) for two (2) years with a two (2) year option at a commencing gross rent of $21,000 (including outgoings) per annum, plus GST, with annual 3% fixed increases; and

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.

 

 

SA18.118   Potential site for the Sanctuary Point Library

HPERM Ref: D18/137306

Recommendation

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

 

 

SA18.122   Milestone 6 Offer - REMS 1B - WP2.1: Transfer Main from Bomaderry to Nowra

HPERM Ref: D18/146579

Recommendation

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

 

 

 


 

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CL18.111   Report of the Shoalhaven Natural Resources & Floodplain Management Committee - 18 April 2018

 

HPERM Ref:       D18/141564

 

SN18.3       Safe Navigation Action Group (SNAG) - Sussex Inlet Dredging Plan 2017

HPERM Ref: D18/13156

Recommendation

That:

1.    The Committee receive the report on the Safe Navigation Action Group’s Sussex Inlet Dredging Plan 2017 for information.

2.    Further engagement between Council staff and SNAG take place.

3.    Following the consultation between SNAG and SCC, that a further report be brought back to this Committee.

a.    The Committee notes that any future dredging program needs to be strategically considered within Council’s coastal management program.

 

 

 

SN18.5       Citizen Science - Utilising Technology to Monitor the Coast

HPERM Ref: D18/80832

Recommendation

That:

1.    Council endorse the opportunity to engage in a citizen science project by taking up the three-month free trial offered for the Photomon App;

2.    Council seek an expression of interest through the Shoalhaven Natural Resources & Floodplain Management Committee, Community Consultative Bodies and Shoalhaven Bushcare Groups for volunteers to be involved in the citizen science project via the Photomon App; and

3.    A further report be provided to the Shoalhaven Natural Resources & Floodplain Committee and Council on the outcomes of the trial in order to determine whether to proceed with a full subscription for future coastal monitoring.

 

 

 

SN18.9       Technical peer review of the River Road Foreshore Shoalhaven Heads: Assessment of the Coastal Management Options Report by MHL.

HPERM Ref: D18/75302

Recommendation

That Council

1.    Receive the Manly Hydraulics Laboratory technical review of the WRL River Road Coastal Option Report titled MHL2595 – Review of River Road Foreshore, Shoalhaven Heads: Assessment of Coastal Management Options Report dated February 2018, for information; and

2.    Subject to availability of funding, incorporate the following technical information in the detailed design of any future coastal erosion remediation control structure at the River Road foreshore precinct:

a.    Coastal erosion remediation structure be designed for a more conservative large river entrance opening to reduce the risk of failure.

b.    A minimum design life of 25 years for coastal erosion remediation structure be adopted.

 

 

SN18.10     Undertaking a Scientific Analysis of the Shoalhaven Dredging Program

HPERM Ref: D18/80719

Recommendation

That Council receive the report for information.

 

 

SN18.11     Proposed Millards Creek and Currarong Creek Flood Study Projects

HPERM Ref: D18/68633

Recommendation

That Council:

1.    Accept the OEH grant of $88,666 toward the cost of the flood study for Millards Creek;

2.    Allocate $44,333 from the 2017/18 Flood Programme budget (Job Number 15706) as Council’s contribution to the Millards Creek Flood Study;

3.    Accept the OEH grant of $77,000 toward the cost of the flood study for Currarong Creek; and

4.    Allocate $38,500 from the 2017/18 Flood Programme budget (Job Number 15706) as Council’s contribution to the Currarong Creek Flood Study.

 

 

 


 

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CL18.112   Report of the Aboriginal Advisory Committee - 7 May 2018

 

HPERM Ref:       D18/160514

Attachments:     1.  POL16/145 - Australian Aboriginal Flag Protocol

2.  The Protocols for the Appropriate Use and Flying of the Flag (under separate cover)  

 

 

AA18.14     Review of Australian Aboriginal Flag Protocol

HPERM Ref: D18/88310

Recommendation

That Council re-adopt the existing Australian Aboriginal Flag Protocol Policy POL16/145 (Attached) without amendment.

 

 

 


 

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CL18.113   Report of the Shoalhaven Traffic Committee - 8 May 2018

 

HPERM Ref:       D18/153944

Attachments:     1.  TRAF 2018-28 - No Stopping zone - Central Ave South Nowra

2.  TRAF 2018-29 - No Stopping zone - Cnr Bunberra & Barwon Sts Bomaderry

3.  TRAF 2018-30 - Centre line marking - Quinns Ln South Nowra

4.  TRAF 2018-31 - Centre line marking - Chisholm St Callala Bay

5.  TRAF 2018-32 - Yellow No Stopping zone - Wells Place Shoalhaven Heads

6.  TRAF 2018-33 - No Parking zone - Allerton Ln Culburra Beach

7.  TRAF 2018-34 - No Parking - Electric - Albany St Berry

8.  TRAF 2018-35 - No Stopping zone - Quinns Lane South Nowra  

 

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 as 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

 

 

TC18.47     No Stopping Zone - Corner of Bunberra & Barwon Streets, Bomaderry (PN 3480)

HPERM Ref: D18/143421

Recommendation

That the General Manager (Director Assets & Works) be requested to arrange for the installation of a 30m (approx.) No Stopping zone in the form of yellow line marking on the eastern corner, extending 15m (approx.) north and 15m (approx.) east of the corner of Bunberra Street and Barwon Street, Bomaderry, as detailed in the attached plan TRAF2018/29.

 

 

TC18.48     Centre Line Marking - Quinns Lane - Old Southern Rd to Princes Highway, South Nowra (PN 3481)

HPERM Ref: D18/143445

Recommendation

That the General Manager (Director Assets & works) be requested to arrange for the installation of double barrier (BB), double one-way barrier (BS) and single (S1) centre line marking along Quinns Lane, South Nowra, between its intersections with the Princes Highway and Old Southern Road, as detailed in the attached plan TRAF2018/30.

 

 

TC18.49     Centre line marking - Chisholm St - Callala Bay (PN 3482)

HPERM Ref: D18/143452

Recommendation

That the General Manager (Director Assets & Works) be requested to arrange for the installation of 20m (approx.) double barrier (BB) centre line marking along Chisholm Street, at its intersection with Emmett Street, Callala Bay, as detailed in the attached plan TRAF2018/31.

 

 

TC18.50     No Stopping Zone - Wells Pl Shoalhaven Heads (PN 3483)

HPERM Ref: D18/143460

Recommendation

That the General Manger (Director Assets and Works) be requested to arrange for the installation of 20m (approx.) No Stopping yellow line marking in the default No Stopping zone at the intersection of Wells Place and Explorer Boulevard, Shoalhaven Heads, to reinforce the existing parking restrictions at this location, as detailed in the attached plan TRAF2018/32.

 

 

TC18.51     No Parking zone, Allerton Lane, Culburra Beach (PN 3484)

HPERM Ref: D18/143469

Recommendation

That the General Manager (Director Assets & Works) be requested to arrange for the installation of a No Parking zone for the length of Allerton Lane, Culburra Beach, as detailed in the attached plan TRAF2018/33.

 

 

TC18.52     No Parking - Electric - Albany Street, Berry (PN 3486)

HPERM Ref: D18/143476

Recommendation

That the General Manager (Director Assets & Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed regulatory signage and line marking including the use of No Parking ‘Electric vehicles excepted only while charging’ restriction on Albany Street, Berry, in conjunction with the vehicle charging station as detailed in the attached plan TRAF2018/34, subject to consultation with relevant stakeholders.

 

 

TC18.53     No Stopping Zone - Quinns Lane, South Nowra (PN 3488)

HPERM Ref: D18/143489

Recommendation

That the General Manager (Director Assets & Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed No Stopping zone signage on Quinns Lane, South Nowra as part of the ongoing Green Orchids Subdivision, as detailed in the attached plan TRAF2018/35.

 

 

TC18.54     No Stopping zone - 28 Central Avenue - South Nowra (PN 3469)

HPERM Ref: D18/143610

Recommendation

That the General Manager (Director Assets & Works) be requested to arrange for the installation of Yellow No stopping linemarking across the commercial car park accesses, extending 6m either side of the access driveways and extending to the Princes Highway roundabout to the east along Central Avenue between the Princes Highway and Bellevue Street, South Nowra, as detailed in the attached plan TRAF2018/28.

 

 

 


 

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CL18.114   Draft Integrated Strategic Plan Chapter 1 (CSP) and Chapter 2 (DPOP)- Public Exhibition 

 

HPERM Ref:       D18/156417

 

Group:                General Manager's Group 

Section:              Executive Strategy 

Attachments:     1.  Chapter 1- Community Strategic Plan (under separate cover)

2.  Chapter 2 - Delivery Program & Operational  Plan 2018-19 (under separate cover)   

Purpose / Summary

To seek Council support for the adoption of the draft Integrated Strategic Plan (Chapter 1 and Chapter 2) for exhibition, in accordance with the requirements of the Integrated Planning and Reporting framework.

 

Recommendation

That Council:

1.    Adopt the proposed changes to the draft Integrated Strategic Plan Chapter 1 and Chapter 2 for exhibition purposes;

2.    Publish the updated document and proceed with exhibition and consultation to inform the community about the proposed document changes and updates.

 

 

Options

1.    Adopt the draft Integrated Strategic Plan for exhibition

Implications: This will enable Council to meet the requirements set by the Office of Local Government and within the Integrated Planning and Reporting framework

 

2.    Make additional changes to the draft Integrated Strategic Plan

Implications: There is a very limited timeframe in which Council must meet the requirements of the Office of Local Government. Any delay in publishing the document will result in Council not meeting the requirements set for it by the State Government.

 

Background

The Integrated Strategic Plan is Council’s primary strategic planning document that outlines the community’s aspirations and long-term vision for the City. It is prepared by Council in collaboration with and on behalf of residents, businesses, all levels of government and local agencies, to help build and maintain a vibrant and sustainable future for the local community.

 

The Integrated Startegic Plan was most recently exhibited in October/November of 2017. This exhibition period occurred as part of the consultation process undertaken for the Special Rate Variation (SRV). At this time the documents allowed Council to explain to the community the proposed impacts of the SRV. The documents also outlined the way in which the proposed additional SRV funds would be expended if Council was successful in its application to the Independent Pricing and Regulatory Tribunal (IPART). 

 

Each year, as part of the planning for the future financial year, Council reviews the Integrated Strategic Planning documents (DPOP, Budget, Fees and Charges, Financial) and sets the budget for the new financial year. The Operational Plan Actions are reviewed as part of this process, to set out the proposed actions that will be undertaken over the 2018/19 financial year, in accordance with the proposed budget.

 

This review is now complete and is provided to Council for consideration and adoption to allow for information about the proposed changes to be outlined to the community.

 

Proposed Changes – Chapter 1 Community Strategic Plan

 

Under the requirements of the Integrated Strategic Planning Framework the Community Strategic Plan is set for a 10-year period. The development of Chapter 1 – Our Priorities Community Strategic Plan, was undertaken through an extensive consultation process which occurred in 2016. Further consultation was also undertaken in 2017.

 

In accordance with the Integrated Strategic Plan Framework Council’s should only make limited changes to this document over the four-year term of Council. As such, only minor amendments to descriptive text have been made to Chapter 1 in the annual review process. The Themes and Priorities contained within the document remain unchanged.

 

Proposed Changes – Chapter 2 – Delivery Program and Operational Plan Actions

 

Actions contained within Chapter 2 (DPOP) cover every Group of Council. All Council staff have an action within the draft ISP, that they refer to as part of their core duties. Key projects have also been outlined within the actions including key capital works projects, roads projects and other infrastructure delivery.

 

The intention is to clearly show the strategic direction of Council for the next financial year and into the remaining years of this term of Council. Additional actions and goals have therefore been added to Chapter 2 to more clearly articulate the work that Council will be doing over the next year.

 

The key changes that have been made to the document include:

 

·    Additional detail including descriptive and introductory comments

·    Additional Delivery Program Goals

·    Review and addition of new Operational Plan Actions

 

Key Highlights Operational Plan Actions

 

The Operational Plan actions that have been included within this years program are focused on showing to the community the key actions that will be undertaken by staff in the coming year. Some key areas for highlight include:

 

·    Delivery of a comprehensive capital works program

·    Completion of the Local Road Repair Program

·    Prepare and maintain strategies and plans outlined in the Strategic Planning works program

·    Enhance digital services for our customers \

·    Deliver services through our business units

·    Commence site investigations for Artie Smith Oval and Shoalhaven Athletics track

·    Complete detailed design for Berry District Park and Croquet Courts at Ulladulla

·    Deliver programs and events for the community

·    Continue to grow our local economy

·    Support tourism growth and management

·    Deliver the Shoalhaven indoor sports centre

·    Deliver the 18/19 Blackspot program and Active transport program

·    Develop the Water and Sewerage Capital Works Portfolio

·    Review our Community Engagement Strategy

·    Delivery of projects highlighted through the SRV application

·    Continue with day to day business of Council

 

There are many other actions that are further detailed in the attachments. It is also important to note that sitting behind these actions are individual tasks and work plans which further articulate the projects and tasks that will be undertaken by each group of Council. The actions within the DPOP are in no way a reflection of everything that Council is doing, rather they are a high level snapshot of the key focus areas for the year.

 

Document Display

 

A text version of Chapter 1 and Chapter 2 is provided as an Attachment to the business paper. This text version will be used as part of the community exhibition process. This approach will be used to enable to community to feel that they can provide suggested changes to the actions and that the document is in draft form. Additional graphic design elements will be incorporated into the document once the exhibition period is competed. This is a more efficient approach given the limited timeframe that has been provided following the announcement of the Special Rate Variation.

 

Community Engagement

An information and exhibition process will be undertaken to explain the proposed changes in the document the community. This year the traditional public meetings will be replaced with Community Information Nights where a range of Council projects will be exhibited. Information will be available to the community and the opportunity to speak with councillors and staff provided.

Copies of the document will also be made available on Council’s Website, Get Involved Page and at Council’s Administration Centres.

 

 

 


 

 Ordinary Meeting – Tuesday 22 May 2018

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CL18.115   Growing Local Economies

 

HPERM Ref:       D18/161808

 

Group:                General Manager's Group 

Section:              Economic Development 

Attachments:     1.  Council Report - Planning for Current and Future Funding Opportunities

2.  Councillor presentation - Growing Local Economies 10/5/2018  

Purpose / Summary

This is a follow on report to a report on Planning for Current and Future Funding Opportunities that was submitted to Council in March 2018. It also follows a Councillor briefing on 10th May.

Recommendation

That Council:

1.    Endorse the following projects to proceed to Expression of Interest under the Growing Local Economies Fund:

a.    Employment Lands Project to the value of $17.15m, seeking grant funding of $7.5m with the Council contribution of $9.85m coming from the Industrial Lands Development Reserve over the period 2018/9 to 2021/2.

b.    Marine Infrastructure Project to the value of $6.99m, seeking $3.03m with the Council contribution of $1.85m coming from the Economic Development Reserve and the Industrial Land Development Reserve over the period 2018/9 to 2021/2 (Note that Council has already been granted $2.11m from other government funding sources).

c.    Nowra Key Road Project (ENSA) to the value of $25.0m, seeking grant funding of $20.0m with the Council contribution of $5.0m coming from the Strategic Projects Reserve over the period 2018/9 to 2021/2.

2.    Endorse the following projects to be worked up to Expression of Interest as reserve projects under Growing Local Economies Fund if needed, as outlined in this and preceding reports:

a.    Nowra CBD.

b.    Nowra Waterfront.

c.    Vincentia Plaza makeover.

 

 

Options

1.    The recommendation be accepted as written.

2.    An alternative recommendation be determined.

 

Background

In April it was reported to Council that funding opportunities were available to Council under the NSW Regional Growth Fund through the “Growing Local Economies” program.

https://www.nsw.gov.au/improving-nsw/regional-nsw/regional-growth-fund/growing-local-economies/

This program was announced in late 2017 and a councillor/stakeholder workshop was held with consultants engaged by the State to prepare a Regional Economic Development Strategy.

Growing Local Economies (GLE) is to develop the enabling infrastructure to grow regional centres. This fund will invest in the crucial projects needed to support job creation and economic growth in regional NSW.

Growing Local Economies fund will run over four years to turbocharge new regional economic opportunities and enliven local economies.

Growing Local Economies is designed to unlock growth in regional NSW by delivering the infrastructure that supports projects of economic significance.

The Criteria was reported to Council in April and again in the Councillor briefing – see attachments.

The Growing Local Economies fund is open to projects that:

·    have the capacity to deliver jobs and economic growth

·    help regional communities capitalise on their strengths or broaden and reposition their industry base

·    demonstrate benefits beyond one organisation

·    have a minimum project size of $1 million

·    align with state and regional priorities and achieve Benefit to Cost Ratio greater than 1.0

GLE Application Process

Applications are open NOW.

The first stage is an Expression of Interest that will be assessed by the Office of Regional Development to establish eligibility, a BCR >1.0, financial viability and deliverability.

If approved, the applicant will be invited to submit a full business case.

Projects

As outlined in the previous report and presentation, the following projects fit the criteria and can deliver the desired outcomes:

1.   Employment Land Expansion

·    Sth Nowra; Huskisson; Yerriyong; Ulladulla STP

·    $17.15m project - 4 year delivery

61 new industrial lots

Firefighting water to AATP

·    1,124 FTE ongoing jobs over 10 years (1500 FTE Indirect)

o 6,843 man years of direct job outcomes after 10th year

2.   Marine Industry Infrastructure & Support

·    Ulladulla; Woollamia; Greenwell Point

·    $6.99m Project – 3 year delivery

·    31 new berths; Boat maintenance base -7

·    56 FTE ongoing jobs over 5 years

3.   Nowra Key Road Projects

·    ENSA; Kalandar St; Yalwal Rd;

·    $25m project – 2-3 year delivery

4.   Urban Revitalisation

·    Stewart Place – mixed devt

·    Nowra Waterfront – mixed devt

·    Vincentia – Plaza makeover

·    Each of these projects require an initial investigative stage before they can be “development ready” and as such are not eligible in their current form. Once the investigative work is completed the next stage of utility rationalisation and repositioning could be eligible

Need for a Decision

There has been a deal of consultation on these and other projects across a range of funding programs. These projects fit the criteria and can be progressed quickly to an application once a Council decision is made. The NSW Government are keen to have projects underway in the Shoalhaven that create long term employment opportunities.

This funding will bring forward parts of the above projects that could be 5 or more years away without grant funds. In the case of the decommissioning and decontamination of the former Ulladulla STP site and a firefighting water supply system at the AATP they will not proceed without grant funding.

 

Community Engagement

Consultation amongst business, Council’s Business & Employment Committee, government agencies has been held over the last 6 months or so. Council previously received a report and a presentation to Councillors (attached).

 

Policy Implications

Council has a commitment to Economic Development and has a long history of developing employment land to support business. Marine infrastructure to support agribusiness and commercial tourism businesses is also consistent with the Shoalhaven Economic Strategy 2017-2026 and other regional and local strategies.

The improvement to the road network within Nowra was adopted as part of the Nowra Key Projects document in May 2017.

 

Financial Implications

Whilst dependent of consistent future land sales, the employment lands project is affordable and viable and will unlock industrial land in Ulladulla and at the AATP provide a firefighting water supply to meet the Dept of Defence requirement without large onsite water storage reservoirs.

The marine infrastructure upgrades have been based on a business model that will generate income to Council to provide for ongoing maintenance and provision of other similar assets.

The ENSA project is required to alleviate the Kalandar St intersection issues. The Council contribution of around $5m will need to be provided.

 

Risk Implications

The effort in preparing and submitting applications is a minimal cost to bear given the funding available. There will be project risks however these will be managed as part of each project.

Once the project works through the contract and design issues at the commencement and the projects physically commence, the deliverables are what Council does on a daily basis and form part of its project management challenges.

 


 

 Ordinary Meeting – Tuesday 22 May 2018

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 Ordinary Meeting – Tuesday 22 May 2018

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 Ordinary Meeting – Tuesday 22 May 2018

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CL18.116   Shoalhaven Family Day Care - Advice of Successful Funding Application

 

HPERM Ref:       D18/140883

 

Group:                Finance Corporate & Community Services Group 

Section:              Recreation Community & Culture  

Purpose / Summary

To advise Council of Shoalhaven Family Day Care’s (SFDC) successful funding application to the Department of Education and Training for the Community Child Care Fund (CCCF) and ask that Council accept the funding offered.

 

Recommendation

That Council:

1.    Accepts the funding from the Department of Education and Training CCCF Sustainability Support when the Grant Agreement is received in May 2018.

2.    Writes to the Minister for the Department of Education and Training to thank them for the funding.

 

 

Options

3.    That Council accepts the funding from the Department of Education and Training CCCF when the Grant Agreement is received in May 2018, subject to approval of the funding agreement.

Implications:  That SFDC achieves financial sustainability for the next three financial years and mitigates the need for financial input from Council.

 

4.    That Council does not accept the funding from the Department of Education and Training CCCF and provides further direction to staff.

Implications:  Financial input would be required from Council to sustain the SFDC service.

 

Background

SFDC currently receives Community Support Programme (CSP) Funding that supplements the income raised by the service. The current funding is capped at $136,000 per annum, this ceases at the end of the 2017/18 financial year.

In April 2018 staff reported to the Strategy & Assets Committee to inform Council that the current funding would cease and that an application for funding through the Department of Education and Training CCCF Element: Sustainability Support had been applied for.

The funding application is only available to services losing CSP Funding and was sought over a period of (5) five years to help meet the financial shortfall when the funding ceases from July 2018. Notwithstanding the offer of grant funding, the SFDC goal remains to increase Educator numbers over this period and continue to improve efficiencies.

Funding sought from the Community Support Programme:

2018-19

2019-20

2020-21

2021-22

2022-23

Total

$112,390

$82,651

$68,725

$50,261

$32,246

$346,273

 

On Tuesday 24th April 2018 SFDC received an email from Community Grants Hub advising that the application for funding under the CCCF Sustainability Support element had been successful, however the funding awarded has been issued only for the years 2018/19, 2019/20 and 2020/21. 

 

Funding provided is:

 

2018-19

2019-20

2020-21

2021-22

2022-23

$112,390

$82,651

$68,725

No Funding

No Funding

 

Staff have contacted the funding body requesting information on whether there is any possibility of applying for the further 2 years funding at a later date. No advice has been received to date.

 

The Grant Agreement is expected in May 2018. This will be reviewed and any concerns / clarifications raised with the funding body prior to the agreement being accepted and signed.

 

Financial Implications

The CCCF Sustainability Support funding is currently available until 2021 and SFDC is continuing to focus on increasing Educator numbers and improving efficiencies. 

 

A report to the Strategy and Assets Committee Tuesday 17 April 2018 presented a number of financial implications assuming that funding was awarded.  (D18/24260)

 

Table 1, below shows the 2018/19 budget forecast, showing that with this grant funding the service should not require any additional funding from Council.

 

Based on the budget modelling provided, along with increased efficiencies tabled in the previous report to this Committee, staff believe that SFDC are well placed financially to continue the service for the next 3 years. 

 

 

 

 

 

 

 

 


 

 

Table 1. Shoalhaven Family Day Care Budget 2018/19 with CCCF funding

 

Budget 2018/19
With Funding

REVENUE

Educators Levy

33,600

Administration Levy

245,797

CCCF (funding)

112,390

Smalls Office rent

10,660

Meeting and Playroom Hire

4,200

Childcare Assistance

1,182,000

Sundry income

6,525

Total

$1,595,172

 

EXPENSES

 

Wages & on costs

331,692

Casual Wages

0

Childcare Assistance

1,182,000

Other expenses

55,000

Total

$1,568,692

 

NET RETURN

$26,480

 

Assumptions

 

Number of children per educator cap

4.0

Utilisation

93%

Number of children per educator

3.8

Number of Educators

35

Worked hours per educator

36

Av. Weeks Worked per Educator

48

Number of families enrolling

110

No of New Educators training

8

Family Enrolment Fee

 $27.00

Educator Registration Fee pa

 $33.00

Educators Levy per educator

 $20.00

Educator Training Fees

 $300.00

Administration levy per hour

 $1.15

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Risk Implications

Financial risk implications were outlined in the previous report to Council, (D18/24260).

Further to this advice, there is a risk to the continuity of the service after the 3 years funding agreement is reached and expired should no new funding opportunities become available. 

Council staff will report on this matter further as required.  


 

 Ordinary Meeting – Tuesday 22 May 2018

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CL18.117   Australian Local Government Association - National Local Roads & Transport Congress 2018

 

HPERM Ref:       D18/144988

 

Group:                Finance Corporate & Community Services Group 

Section:              Human Resources, Governance & Customer Service  

Purpose / Summary

To consider Councillor attendance at the National Local Roads & Transport Congress scheduled for 20-22 November 2018 in Alice Springs, Northern Territory.

 

Recommendation

That Council

1.    Notes the details of the National Local Roads & Transport Congress scheduled for 20-22 November 2018 in Alice Springs, Northern Territory.

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.

 

 

Options

1.    As per the recommendation.

 

2.    That Council limit the number of Councillors attending the Conference and such attendance be deemed Council Business.

 

3.    That Council not approve Councillor attendance at the Conference as Council Business.

 

Background

The National Local Roads & Transport Congress is considered relevant to local government. The program for the congress has not been released at this time. Further information relating to the congress can be found on the Australian Local Government Association website https://alga.asn.au/?ID=16584.

Costs associated with the conference are estimated as follows:

·     registration: $890 (Prior to 12 October 2018)

           $990 (After 12 October 2018)

 

·     travel, accommodation and out of pocket expenses: not yet determined.

An option available to Council is to define the number of Councillors attending the conference and for Council to determine the appropriate Councillors authorised to attend.  This option is presented having regard to the increase in Councillor expenses in recent years, so that Council may pro-actively control this area of expenses when appropriate.

The following Council Business is scheduled within the period of the conference:

·     Risk & Audit Committee 19 November 2018.

·     Business & Employment Development Committee 21 November 2018.

 

Policy Implications

The Council Members – Payment of Expenses and Provision of Facilities Policy limits attendance at conferences to three per annum per councillor exclusive of any conference arranged by either the State or National Local Government Associations. This conference is arranged by the Australian Local Government Association.

 

Financial Implications:

Funds are available for Councillors to attend this conference.


 

 Ordinary Meeting – Tuesday 22 May 2018

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CL18.118   Investment Report - April 2018

 

HPERM Ref:       D18/153316

 

Group:                Finance Corporate & Community Services Group 

Section:              Finance 

Attachments:     1.  Monthly Report - Shoalhaven City Council - April 2018 (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.

 

Recommendation

That the report of the General Manager (Finance, Corporate and Community Services Group) on the Record of Investments for the period to 30 April 2018 be received for information.

 

 

Options

1.    The Report on the Record of Investments for the period to 30 April 2018 be received for information.

Implications: Nil.

 

2.    Further information regarding the Record of Investments for the period to 30 April 2018 be requested.

Implications: Nil.

 

3.    The report on the Record of Investments for the period to 30 April 2018 be received for information with any changes requested for the Record of Investments to be reflected in the report for the period to 31 May 2018.

Implications: Nil.

 

Background

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

CPG Research and Advisory Pty Ltd includes a section on Council’s investment in institutions who fund the fossil fuel industry (see page 12). There was an increase in Council’s fossil fuels exposure due to the drawdown of loans into the TCorp fund; this will drop as the loan funds are spent on the REMS project.

 

The investment interest earned to the month of April was $4,549,743 which represents 86.5% of the full year budget though it should be noted that General Fund is tracking slightly under budget.

 

 

 

 

 

The investment interest earned for the month of April was $493,102, which was $60,769 above budget.

 

 

The table below lists the major movements

Total Cash and Investments

-$6,527,230

 

Unrestricted cash

-$4,743,056

Not a rates instalment month

Loans – General Fund

+$2,056,839

Drawdown of Veron’s Estate Loan

Sewer Fund

-$6,338,267

Payment of REMS invoices

 

 

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 POL18/8.

 

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 interests forms a vital part of Council’s revenue stream.

 

 

  


 

 Ordinary Meeting – Tuesday 22 May 2018

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CL18.119   Tenders - Shoalhaven Indoor Sports Centre - Trade Package No. 20 Internal Wall and Ceiling Linings

 

HPERM Ref:       D18/150429

 

Group:                Assets & Works Group 

Section:              Project Delivery & Contract  

Purpose / Summary

To inform Council of the tender process for the Shoalhaven Indoor Sports Centre – Internal Wall and Ceiling Linings sub contract managed by Zauner Construction.

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

 

Recommendation

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

 

 

Options

1.    Council accept the recommendation as presented.

Implications: A separate report will consider commercial information.

 

2.    Council amend the recommendation.

Implications: This may delay these important works.

 

Details

Shoalhaven Indoor Sports Centre – Internal Wall & Ceiling Linings sub contract package tenders were called by Zauner on 3 April 2018 and closed at 10:00am on 24 April 2018.  The package was advertised in both local and metropolitan newspapers, and tenderers were directed to access the tender documents using the Zauner portal on Tenderlink. Two (2) conforming and two (2) non-conforming tenders were received.

 

Tenders Received

Tenders were received from the following:

Tenderer

Location

ACT Interiors

Canberra

DLC Interiors

Sydney

I Stevens Plastering

Towradgi

Kirk Interiors

Sydney

 

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

 

Community Engagement:

The effect on the public during construction is managed by the project communication plan through written notification, electronic media and provision of contact details for any concerns during the construction phase; these works will not impede the existing basketball stadium operations.

 

Regional Development Consent (RA15/1001) is approved for the Shoalhaven Indoor Sports Centre; community consultation consistent with that process has been undertaken.

 

Financial Implications:

Sufficient funds have been allocated in the Shoalhaven Indoor Sports Centre Capital Project budget for the years 2017/18 and 2018/19.  Funding is available to cover the recommended amount including other project costs for civil works.  


 

 Ordinary Meeting – Tuesday 22 May 2018

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CL18.120   Coastal Zone Management Plan for the Shoalhaven Coastline 2018 - public exhibition

 

HPERM Ref:       D18/156006

 

Group:                Planning Environment & Development Group 

Section:              Environmental Services  

Purpose / Summary

To seek endorsement from Council to place the revised Coastal Zone Management Plan (CZMP) for the Shoalhaven Coastline 2018 on public exhibition.

 

Recommendation

That Council:

1.    Endorse the subject draft Coastal Zone Management Plan (CZMP) for the Shoalhaven Coastline 2018 for public exhibition, for a minimum period of 21 days, in accordance with the Guidelines for preparing a CZMP.

2.    Endorse the referral of the draft Coastal Zone Management Plan for the Shoalhaven Coastline 2018 to government agencies, including Crown Lands, and to seek letters of support from these agencies.

3.    The matter be reported back to Council following exhibition for consideration of any submissions and to seek endorsement of the Plan by Council for certification by the Minister for Environment, The Hon Gabrielle Upton MP.

 

 

Options

1.    Proceed to public exhibition.

Implications: proceeding to public exhibition will allow time for staff to report the matter back to Council following exhibition, adjust the draft CZMP following consideration of submissions and forward the document to the NSW Government for certification within the requested time frame. OEH have advised Council that Council must obtain letters of support from relevant government agencies, in particular Crown Lands, since coastal management actions are often undertaken by Council’s on Crown Land, before the Minister will certify the Plan. The draft Plan will be sent to agencies during the exhibition period to seek comment and letters of support. Due to time constraints and requirements of OEH, the Plan relates to the open coast, including Jervis Bay beaches, but does not include estuaries.

 

2.    Not proceed to public exhibition.

Implications: a public exhibition period, prior to submitting the CZMP 2018 for certification, is an OEH requirement. Without public exhibition the NSW Government would not certify the document.

 

3.    Defer consideration pending further modifications to the draft Plan.

Implications: Council has a limited timeframe to comply with the State Government’s requirements; deferring consideration could jeopardise Council’s ability to undertake the required public exhibition and have sufficient time to refer the document to State Government for certification.

 

Background

In order to apply for the full range of grants available under NSW Coastal & Estuary Grants Program, Council is required to have a certified coastal zone management plan (CZMP). At the time of its completion, the original draft 2012 CZMP was not submitted to the NSW Government for certification, because the Stage 2 Coastal Reforms were announced and certification of CZMPs was put on hold until the Reforms were implemented.

In 2016, without any changes being made to the original document, Council resolved to submit the draft CZMP to the NSW Government for certification. Certification was not granted and OEH subsequently provided Council with a comprehensive list of changes that needed to be made before re-submission. A number of these requirements have required the engagement of external consultants to undertake additional investigations.

Due to the requirements of OEH, in particular, that Council’s Estuary Management Plans have not been prepared in accordance with the requirements for preparing CZMP’s (at the time of preparation they were not required to be prepared as a CZMP) and time constraints, the draft CZMP for the Shoalhaven Coastline 2018 only incudes the ‘open coast’, this includes Jervis Bay, but does not include estuaries. It is envisaged that Council’s future Coastal Management Program (CMP) will include 2 estuaries and funding will be sought to develop a separate CMP for the Shoalhaven River estuary due to the size of this catchment.

The Stage 2 Coastal Reforms are contained within the 2016 Coastal Management Act which came into effect on April 3, 2018. From that date Council had 6 months to have the draft CZMP certified by the Minister (ie.by 3 October 2018). The Office of Environment & Heritage (OEH) advised Council officers that the Department will need the CZMP for at least 2 months to properly undertake the certification process, so Council has less than 4 months to complete the review, place the document on public exhibition, prepare the final plan and submit the draft Plan to OEH.

To facilitate the required processing OEH have requested the finalised plan be submitted to the Department in June.

OEH have advised Council that Council must obtain letters of support from relevant government agencies, in particular Crown Lands since coastal management actions are often undertaken by Council’s on Crown Land, before the Minister will certify the Plan. The draft Plan will be sent to agencies during the exhibition period to seek comment and letters of support.

Throughout the revision process Council officers have sought comment and feedback from OEH, Crown Lands, DPI Fisheries and Jervis Bay Marine Park Authority. This has included site visits with Crown Lands, meetings with OEH to work through revisions of the draft Plan and making adjustments to the Plan following feedback.

Staff began reviewing and editing the draft document last year and in January 2018, Tim Fletcher (former Group Director) was engaged to assist with the review. Coastal Engineering consultants Advisian and Royal Haskoning DHV were also engaged to update the coastal risk assessments, a required component of a CZMP, and other technical components of the document. Consultants Locale have also been engaged to assist with the review.

Fundamentally, the document needs to read and look like a new 2018 plan. However, given the scale and complexity of the CZMP document and the limited time available, the project team have had to largely work with the original 2012 material, supplemented and updated where applicable but not completely re-written.

Concurrently, staff are implementing a process to engage consultants to prepare the new Coastal Management Program (CMP), in a completely new format as required under the Coastal Management Act 2016. It’s expected that the new CMP will be completed in 2021. The new Program must also be certified by the NSW Government.

Until that time Council will be reliant on the certified CZMP to continue to apply for grants and implement necessary coastal management works.

A Councillor briefing was held on 19th April and Councillor workshop held on 10th May to review the draft Plan, revised risk assessment and action tables.

 

Summary of Modifications

The main changes to the original 2012 draft CZMP can be summarised as follows:

·      Document updated to reflect Council’s adopted sea level rise (SLR) projections as opposed to those originally used which were based on the State Government’s previous policy position.

·      Document updated to include new coastal hazard maps and other cliff stability requirements following study undertaken by Advisian in 2016 and 2018; and Royal Haskoning DHV in 2018.

·      Document updated to reflect additional site-specific studies and other technical material obtained since 2012.

·      Document updated following consideration of submissions made in 2012 and 2016.

·      Structure of the document revised to provide a more logical, simplified format that is more user friendly.

·      Rationalisation of the text, to reduce repetition and technical language.

·      Document updated to reflect current legislative framework and legal references.

·      Tables and Figures revised to improve comprehension and reflect current legislative and Council policy frameworks.

·      Layout of the document revised to provide a more contemporary presentation.

 

Community Engagement

Council’s Communications and Media team is assisting Environmental Services to prepare an engagement plan which will include a “Get Involved” web page for information and feedback, a video explaining the what and why of the CZMP and FAQs. A formal 21-day public exhibition will also be undertaken.

 

Policy Implications

Without a certified CZMP, Council is only eligible to apply for a very limited range of grant categories in the Coastal and Estuary Grants Program. This significantly reduces the range of coastal maintenance and capital works Council can implement.

A certified CZMP will act as an overarching strategic policy, which facilitates and integrates work programs undertaken by partner State Agencies and Council as well as giving direction to implementation mechanisms such as Council’s Foreshore and Bushcare Policies.

 

Financial Implications

The NSW Government Coastal and Estuary Grants Program, provides 50% of project funds. Without a certified CZMP, and the resultant eligibility for the full range of grant categories, Council would need to substantially reduce its current coastal works program or fully fund the many projects that become necessary over the next 3-5 years, while the new CMP is being prepared and certified.

There are significant cost implications for Council in managing infrastructure along the coastline into the future. The draft CZMP 2018 contains implementation tables which set out priority actions for managing risks. During the first few years of implementation costs are estimated at more than $3 million. This will need to be further prioritised to an achievable delivery cost for Council and co-funding sought from grants to leverage Council budget allocation.

 

Risk Implications

There is a risk that Council may not obtain letters of support from relevant government agencies during the exhibition period. This could delay the certification process.

With ongoing climate change and the predicted increase in coastal storm activity, it is likely there will be more significant coastal projects required to mitigate local impacts. On-going plan implementation to manage risk, repair infrastructure and maintain coastal assets to a safe and acceptable standard will be required. If grant funds cannot be accessed, public safety and asset protection will be at risk.

 


 

 Ordinary Meeting – Tuesday 22 May 2018

Page 0

 

 

CL18.121   DA17/2242 – 160 Kinghorne Street, Nowra – Lot 2 DP 566370

 

DA. No:               RD18/1002/4

 

HPERM Ref:       D18/157864

 

Group:                Planning Environment & Development Group 

Section:              Development Services 

Attachments:     1.  DRAFT DEVELOPMENT CONSENT CONDITIONS (under separate cover)   

Description of Development: Demolition of Existing Dwelling and Ancillary Outbuildings and Construction of Multi Dwelling Housing – Six (6) Dwellings

 

Owner: CJM Capital Pty Ltd

Applicant: Helen Menegakis

 

Notification Dates: 1 November 2017 to 16 November 2017

 

6 April 2018 to 21 April 2018 as part of section 8.2 application RD18/1002

 

No. of Submissions:  One (1) in objection

 

Purpose / Reason for consideration by Council

Councillors called in the section 8.2 application (application to review a determination or decision of a consent authority under the Environmental Planning and Assessment Act 1979, being Development Application DA17/2242) due to “significant public interest” on 10 April 2018.

The matter was reported to Council on 8 May 2018. At that meeting, Council resolved to support the application in its current form and for the DA to be reported to this meeting for determination.

Recommendation

That determination of Development Application DA17/2242 to demolish the existing dwelling and ancillary outbuildings and construct multi dwelling housing comprising six (6) dwellings at Lot 2 DP 566370, 160 Kinghorne Street, Nowra be reviewed by granting approval subject to the recommended conditions of consent contained in Attachment 1 of this report.

 

 

Options

1.    Approve the development application (DA) in accordance with the recommendation of this report.

 

Implications: This would allow the applicant to pursue construction of the development.

 

2.    Refuse the application.

 

Implications: Council would need to determine the grounds on which the application is refused, having regard to section 4.15 (formerly 79C) considerations.

 

3.    Alternative recommendation.

 

Implications: Council will need to specify an alternative recommendation and advise staff accordingly.

 

Figure 1 – Location Map

http://cortez.scc.shoalhaven.nsw.gov.au/Geocortex/Essentials/gxe490/REST/TempFiles/Export.jpg?guid=8c720c04-1587-4208-b634-f4c51c0b63c1&contentType=image%2Fjpeg

 

Background

Proposed Development

DA17/2242 sought approval for the demolition of the existing dwelling and ancillary outbuildings and construction of multi dwelling housing – six (6) dwellings with:

§ 6 x 3 bedrooms; and

§ 8 car spaces.

 

Division 8.2 Reviews, Environmental Planning and Assessment Act 1979

A section 8.2 application allows an applicant to request a consent authority review a determination or decision made by them. After conducting its review, the consent authority (in this instance Council) may confirm or change the determination or decision.

 

Subject Land

The development site comprises Lot 2 DP 566370 (160 Kinghorne Street, Nowra). Refer to Figure 1.

 

Site & Context

The development site:

§ Contains an existing dwelling with two (2) detached outbuildings and minimal established vegetation and slopes downhill from Kinghorne Street;

§ Is zoned R3 Medium Density Residential and 1,382sqm in area;

§ Has existing access from Kinghorne Street; and

§ Adjoins land zoned R3 Medium Density Residential under the Shoalhaven Local Environmental Plan 2014 (SLEP 2014) as illustrated in Figure 2.

 

Figure 2 – Zoning Extract

http://cortez.scc.shoalhaven.nsw.gov.au/Geocortex/Essentials/gxe490/REST/TempFiles/Export.jpg?guid=25d0c252-c7fe-4a68-9208-cc352b799dbe&contentType=image%2Fjpeg

 

History

The following provides details on post-lodgement actions and general site history for context:

§ The DA was determined by refusal on 15 December 2017 for the following reasons:

“1.     The development has not adequately addressed the provisions of Control 5 (of Chapter G7) of Shoalhaven Development Control Plan 2014. No waste minimisation and management plan has been submitted with the development application, particularly with regard to required demolition works, and reference to any asbestos or hazardous material that may be transported to any of the Council waste facilities. (Section 79C(1)(a)(iii) of Environmental Planning and Assessment Act, 1979).

2.       The development is inconsistent with the provisions of Controls 5.2.1, 5.2.2, 5.2.4, 5.2.5, 5.2.9 and 5.2.11 (of Chapter G14) of Shoalhaven Development Control Plan 2014. The proposed development will not integrate into the existing streetscape nor make a positive contribution to the character of the existing and desired future streetscape of the locality. The development is deficient in the provision of private open space with respect to the area, dimensions and amenity for future residents. There are multiple departures proposed to this Chapter which suggests an overdevelopment of the site. (Section 79C(1)(a)(iii) of Environmental Planning and Assessment Act, 1979).

3.       The development is inconsistent with the provisions of Controls 5.1, 5.4 and 5.7 (of Chapter G21) of Shoalhaven Development Control Plan 2014. The number of proposed onsite car parking spaces is deficient, the site is located outside of the 200m parking discount area and no discount for parking is available. (Section 79C(1)(a)(iii) of Environmental Planning and Assessment Act, 1979).

4.       The development application has not adequately demonstrated that the proposal will not have adverse environmental impacts on the built environment and social impacts on the locality. (Section 79C(1)(b) of Environmental Planning and Assessment Act, 1979.)

5.       The information submitted with the development application does not satisfactorily demonstrate that the site is suitable for the proposed use. (Section 79C(1)(c) of Environmental Planning and Assessment Act, 1979).

6.       Having regard to the information being submitted with the development application to address the relevant provisions of Shoalhaven Development Control Plan 2014, the granting of development consent is not considered to be in the public interest. (Section 79C(1)(e) of Environmental Planning and Assessment Act, 1979).”

§ The section 8.2 application to review this determination was lodged on 29 March 2018, disagreeing with the determination and offering up the following as addressing the reasons for refusal:

“1)     A detailed WMMP is not required at DA stage. Council should refer to its own waste management guidelines which form part of Chapter G7 of the SDCP 2014. The guidelines clearly state at Section 4.1 that for development where a Construction Certificate is required, a WP shall be submitted at the Construction Certificate Stage. This is not a valid reason for refusal. Additionally, it is not a document Council requires as part of an application for development consent, pursuant to Schedule 1 of the Environmental Planning and Assessment Regulation 2000.

2)      As Council would know, the Shoalhaven DCP 2014 is a performance based document. Section 4.15 (3A) of the EPA Act clearly states that where a DCP contains provisions that relate to the development that is the subject of a development application the consent authority [emphasis added]:

(a)     if those provisions set standards with respect to an aspect of the development and the development application complies with those standards—is not to require more onerous standards with respect to that aspect of the development, and

(b)     if those provisions set standards with respect to an aspect of the development and the development application does not comply with those standards—is to be flexible in applying those provisions and allow reasonable alternative solutions that achieve the objects of those standards for dealing with that aspect of the development, and

(c)     may consider those provisions only in connection with the assessment of that development application.

In this subsection, standards include performance criteria.

The parts of the DCP referred to within reason 2 of the Refusal were addressed by the applicant and we stand by the assessment and subsequent additional information supplied to Council.

We refute the suggestion that the development would not be compatible with streetscape. The design of the development is sound, and to illustrate this, we have produced photomontages. These demonstrate, along with all other information provided to Council with the development application that it fits comfortably within the streetscape. We stand by the commentary already provided to Council with respect to streetscape and the character of the area.

Further, we refute the suggestion that what is proposed represents an overdevelopment of the site. Sound justification for the proposal has been provided in this regard.

3)      We provided detailed reasons and justification for the car parking arrangements proposed. We stand by this justification.

4)      The proposal will have only positive impacts on the built environment and the suggestion that this proposal may have negative social impacts on the locality is simply fanciful and is not supported on either legal or planning grounds. The proposal involves construction of what we believe to be much needed medium density housing within a designated medium density zone and within walking distance to the Nowra CBD.

5)      We have supplied ample information to the Council which clearly demonstrates the site is suitable for the proposed use. The Council came to the conclusion that the site was suitable for the proposed use 5 years ago when it approved the same plan set. This opinion was then later reaffirmed when the Council zoned the site R3 Medium Density in 2014.

6)      The proposal is clearly within the public interest. The proposal is consistent with the objectives of the R3 zone and permissible. The proposal in our view is consistent with Council’s DCP 2014 – a performance based document that must be applied flexibly by the Council. Further to this, we note that there was no submission from members of the public or neighbouring property owners in response to the proposal.

§ The application was reported to the Development Committee Meeting on 8 May 2018, in which Council resolved that:

“1.   The proposal is considered capable of approval on the basis that the development will provide variety and increase in housing supply in Nowra; and

2.    A further report be provided to the May Ordinary Council meeting attaching conditions of consent.”

Planning Assessment

The DA has been assessed under s4.15 of the Environmental Planning and Assessment Act 1979.

Financial Implications:

There are potential cost implications for Council in the event of a refusal of the application. Such costs would be associated with defending any appeal in the Land and Environment Court of NSW.

Legal Implications

An appeal with the Land and Environment Court is possible in the event of a refusal of the application.

Summary and Conclusion

This application has been assessed by Council  having regard for section 4.15(1) (Matters for consideration) under the Environmental Planning and Assessment Act 1979 and as highlighted by resolution of Councils Develpoment Committee on 8 May 2018.


 

 Ordinary Meeting – Tuesday 22 May 2018

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CL18.122   Tenders - Management and Operation - Shoalhaven Animal Shelter

 

HPERM Ref:       D18/160804

 

Group:                Planning Environment & Development Group 

Section:              Building & Compliance Services  

Purpose / Summary

To inform Council of the tender process for the Management & Operation of the Shoalhaven Animal Shelter.

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

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

Recommendation

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

 

 

Options

1.    Council accept the recommendation as presented (preferred option). Further details are provided in the confidential report.

2.    Council adopt an alternative recommendation.

 

Background

The tender for the provision of the management and operation of the Shoalhaven Animal Shelter was advertised on the 18 November 2017, with the closing date 14 December 2017. 

 

Tenders Received

No tenders were received during the second round of advertising.  The report deals with Council’s Ranger Services Unit temporarily managing the service.

Details relating to the costs associated with running this service are contained in the confidential report.

   


 

 Ordinary Meeting – Tuesday 22 May 2018

Page 0

 

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.

(c)     Councils should consider the long term and cumulative effects of actions on future generations.

(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.

(c)   Councils should develop activities, and prioritise actions, to work towards the strategic goals.

(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.