Strategy and Assets Committee

 

 

Meeting Date:     Tuesday, 15 May, 2018

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

Time:                   At the conclusion of the Extra Ordinary Council Meeting (which commences
                            at 4.30pm)

 

Membership (Quorum - 5)

Clr Bob Proudfoot

All Councillors

General Manager or nominee

 

 

 

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

 

 

 

Agenda

 

1.    Apologies / Leave of Absence

2.    Confirmation of Minutes

·      Strategy and Assets Committee - 17 April 2018.......................................................... 1

3.    Declarations of Interest

4.    Mayoral Minute

5.    Deputations and Presentations

6.    Notices of Motion / Questions on Notice

SA18.99...... Notice of Motion - Beach Access Warrain Beach, Currarong..................... 18

SA18.100.... Notice of Motion - Footpath Construction - Osborne Street Nowra - Incomplete Section.......................................................................................................... 21

7.    Committee Reports

SA18.101.... Report of the Shoalhaven Arts Board - 9 May 2018.................................... 22

AB18.11...... Policy Changes - Shoalhaven City Art Collection - Acquisition & Management

AB18.12...... Art Acquisition Subcommittee - Formation - Membership

8.    Reports

SA18.102.... Review of Council policies............................................................................ 31

SA18.103.... Requests for Donations - SeeChange Festival and Nowra Waterdragons Dragonboat and Outrigger Canoe Club........................................................................... 48

SA18.104.... March 2018 Quarterly Budget Review......................................................... 55

SA18.105.... 2018 Future of Local Government National Summit - The Game Has Changed 79

SA18.106.... Waste Reduction Management Strategy..................................................... 87

SA18.107.... Shoalhaven River Pontoons......................................................................... 95

SA18.108.... Positive Covenant - Asset Protection Zone - Over Part Council Road - Park Way, Old Erowal Bay.................................................................................................... 98

SA18.109.... Establishment of Feral Animal Control All Areas Parkcare Group and Waratah Park Parkcare Group.......................................................................................... 101

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

SA18.111.... Land Classification Lot 159 DP 11629 - Rolfe Street, Tomerong.............. 114

SA18.112.... Proposed Sale - 76 Bridge Road Nowra.................................................... 117

SA18.113.... Proposed Licence - R & B Packer Pty Limited - Mt Cambewarra Lookout Tearooms & Residence................................................................................................... 121

SA18.114.... Proposed Retail Lease of Shop 37a/43 Kinghorne Street Nowra............. 125

SA18.115.... Tenders - Holiday Haven Tourist Parks - Management & Operation - Ulladulla Headland Holiday Park............................................................................... 127

SA18.116.... Tenders - Management & Operation of the Shoalhaven Heads Holiday Park 129

SA18.117.... Tenders - Management & Operation of the Bendalong Point Holiday Park 131

SA18.118.... Potential site for the Sanctuary Point Library............................................. 133

SA18.119.... Operations - Tomerong Quarry - Lot 4 DP 775296 Parnell Rd Tomerong 134

SA18.120.... REMS Stage 1B Review of Environmental Factors - Proposed Modifications to Project Scope - Bomaderry to Nowra Transfer Main............................................. 141

SA18.121.... Request for Connection to Town Water Supply - 230A Tannery Road, Cambewarra.................................................................................................................... 144

SA18.122.... Milestone 6 Offer - REMS 1B - WP2.1: Transfer Main from Bomaderry to Nowra.................................................................................................................... 148     

9.    Confidential Reports     

Reports

CSA18.7...... Tenders - Holiday Haven Tourist Parks - Management & Operation - Ulladulla Headland Holiday Park

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.

 

CSA18.8...... Tenders – Management & Operation Shoalhaven Heads Holiday Park

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.

 

CSA18.9...... Tenders – Management & Operation of the Bendalong Point Holiday Park

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.

 

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.

               


 

 Strategy and Assets Committee – Tuesday 15 May 2018

Page  

 

Strategy and Assets Committee

 

Delegation:

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

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

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

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

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

 

Schedule:

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

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

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

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

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

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

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

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

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

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

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

a)      The sale prices of land in connection with residential and industrial Council subdivisions;

b)      The sale of Council property or the purchase or resumption of land;

c)      The compensation to be offered in respect of land resumed by Council; and

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

12.     To determine and accept all tenders with a value of $1 Million or more, except those tenders required by law to be determined by full Council (MIN17.334).

 


 

 

 

 

Minutes of the Strategy and Assets Committee

 

 

Meeting Date:     Tuesday, 17 April 2018

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

Time:                   5.00pm

 

 

The following members were present:

 

Clr John Wells - Chairperson

Clr Joanna Gash

Clr Amanda Findley

Clr Patricia White

Clr Kaye Gartner

Clr Nina Cheyne

Clr John Levett

Clr Andrew Guile

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot

Mr Russ Pigg - General Manager

 

 

 

 

Apologies / Leave of Absence

 

Note: A leave of absence was previously granted to Clr Alldrick for this meeting (see MIN18.255).

 

 

Confirmation of the Minutes

RESOLVED (Clr Gash / Clr White)                                                                                       MIN18.265

That the Minutes of the Strategy and Assets Committee held on Tuesday 20 March 2018 be confirmed.

CARRIED

 

 

 

Declarations of Interest

 

Nil.

 

 

Mayoral Minutes

 

MMS18.3   Mayoral Minute - Salt Ministries - Homeless Services

HPERM Ref: D18/124656

Recommendation

That Council:

1.    Delegate authority to the the General Manager to finalise the details of a lease agreement with Salt Ministries in relation to the former Shoalhaven Neighbourhood Services premises at 134 Kinghorne Street Nowra for the establishment and operation of a transitional group home on and within the premises.

2.    Prepare a Planning Proposal to change the zoning of the property at 134 Kinghorne Street Nowra from RE1 Public Recreation to B4 Mixed Use, to permit the establishment and operation of a transitional group home on the site, and submit to the Department of Planning & Environment for Gateway determination.

 

RECOMMENDATION (Clr Findley / Clr Proudfoot)

That Council:

1.    Delegate authority to the the General Manager to finalise the details of a lease agreement with Salt Ministries in relation to the former Shoalhaven Neighbourhood Services premises at 134 Kinghorne Street Nowra for the establishment and operation of a transitional group home on and within the premises.

2.    Prepare a Planning Proposal to change the zoning of the property at 134 Kinghorne Street Nowra from RE1 Public Recreation to B4 Mixed Use, to permit the establishment and operation of a transitional group home on the site, and submit to the Department of Planning & Environment for Gateway determination.

3.   Continue to keep open the line of communication with State Government about this initiative and correspond with the two local Members of Parliament.

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

Against:           Clr Guile

CARRIED

 

 

 

Deputations and Presentations

 

Presentation of Petitions

 Clr Watson presented a petition containing 412 signatures which states: “We, the undersigned, request the Shoalhaven City Council honour its commitment to repair or replace the existing stairway access at southern end of Nelson Beach.”

 

 

SA18.72 - Notice of Motion - Nelson Beach Stairway Access Southern End

Mr Mark Emerson spoke for the recommendation.

 

SA18.91 - Comerong Island Ferry - Service Review

Mr Brian Peadon spoke against the recommendation.

 

Notices of Motion / Questions on Notice

 

SA18.72     Notice of Motion - Nelson Beach Stairway Access Southern End

HPERM Ref: D18/116110

Recommendation (Item to be determined under delegated authority)

That Council honour a promise made by Staff to reconstruct or repair the beach access stairway located at the southern end of Nelson Beach Vincentia and if necessary Council include the work as a budget item in the operational plan.

 

RESOLVED (Clr Watson / Clr Pakes)                                                                                  MIN18.266

That Council honour a promise made by Staff to reconstruct or repair the beach access stairway located at the southern end of Nelson Beach Vincentia and if necessary Council include the work as a budget item in the operational plan.

CARRIED

 

 

Procedural Motion - Bring Item Forward

RESOLVED (Clr Pakes / Clr Gartner)                                                                                  MIN18.267

That the matters of items SA18.91 and SA18.78 be brought forward for consideration.

CARRIED

 

 

SA18.91     Comerong Island Ferry - Service Review

HPERM Ref: D18/84821

Recommendation

That Council:

1.    Adopts the following policy objectives for the Comerong Island Ferry:

a.    The service operates between 6am and 10pm, 7 days a week.

b.    The service remains at no cost to Island residents and landowners, with provision of a permit system (for two-way travel) to allow resident’s visitors and contractors to access the island.

c.    The vessel has a maximum 20t load capacity.

2.    The General Manager (Director Assets & Works):

a.    Liaise with the island residents and landowners to develop a formal permit system to recognise the ‘no cost’ arrangements.

b.    Progress investigations of a new vessel to replace the Cormorant for consideration in future budgets. Procurement process to consider various vessel configurations to assess the cost (capital and ongoing) for different sizes.

 

RESOLVED (Clr Wells / Clr Pakes)                                                                                      MIN18.268

That:

1.    Council retain the current services to Comerong Island.

2.    Council defer the replacement of the ferry until a councillor briefing has been held.

3.    A Councillor familiarisation tour to Comerong Island be organised.

4.    The National Parks and Wildlife Service and Rural Fire Service be invited to the councillor briefing for comment.

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

Against:    Clr Findley

CARRIED

 

 

SA18.78     Shoalhaven Family Day Care Update

HPERM Ref: D18/24260

Recommendation (Item to be determined under delegated authority)

That Council

1.    Receive the report for information on current progress towards achieving performance targets set to build capacity and continue to work towards meeting performance targets, amendment of the Service Approval, the introduction of PRODA, and the outcome of the recent compliance visit.

2.    Receive a further report when the outcome of Community Child Care Funding Application is announced.

3.    That Council support Shoalhaven Family Day Care to take on Educators from outside the Shoalhaven LGA to improve financial viability.

 

RESOLVED (Clr Guile / Clr Gartner)                                                                                    MIN18.269

That Council

1.    Receive the report for information on current progress towards achieving performance targets set to build capacity and continue to work towards meeting performance targets, amendment of the Service Approval, the introduction of PRODA, and the outcome of the recent compliance visit.

2.    Receive a further report when the outcome of Community Child Care Funding Application is announced.

3.    That Council support Shoalhaven Family Day Care to take on Educators from outside the Shoalhaven LGA to improve financial viability.

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

Against:    Nil

CARRIED

 

 

SA18.73     Notice of Motion - Public Toilets - Tomerong

HPERM Ref: D18/116928

Recommendation

That Council enter into negotiations with the Tomerong Community to identify a suitable site and design for the construction of a public toilet facility for the village. Also that Council fully fund the project in the 2018/19 Budget, possibly through the reallocation of existing S94 funds.

 

Motion (Clr Levett / Clr Cheyne)

That Council enter into negotiations with the Tomerong Community to identify a suitable site and design for the construction of a public toilet facility for the village. Also that Council fully fund the project in the 2018/19 Budget, possibly through the reallocation of existing S94 funds.

 

(AMENDMENT) RECOMMENDATION (Clr Proudfoot / Clr Gash)

That Council

1.    Negotiate with the Trustees of the Tomerong School of Arts to procure a site within the grounds of the School of Arts to build a public toilet.

2.    Investigate the use of section 94 contributions for the construction of the public toilet.

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

Against:    Russ Pigg

carried

 

The AMENDMENT became the MOTION and was carried.

 

 

Procedural Motion - Matters of Urgency

RESOLVED (Clr Pakes / Clr White)                                                                                     MIN18.270

That an additional item of floodlight levy invoices sent to Shoalhaven Football Clubs be introduced as a matter of urgency.

CARRIED

 

The Chairperson ruled the matter as urgent as it refers to invoices that are due to be paid.

 

 

SA18.98     Additional item - Council invoices issued to Shoalhaven Football Clubs

RESOLVED (Clr Pakes / Clr White)                                                                                     MIN18.271

That Council:

1.    Withdraw the invoices submitted to Shoalhaven sporting clubs with respect to floodlighting.

2.    Review any policies associated with the floodlighting charges.

3.    Hold an urgent Councillor briefing in relation to the matter of floodlighting charges.

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

Against:    Russ Pigg

CARRIED

 

 


 

 

Report of the Children’s Services Reference Group - 12 March 2018

 

CS18.2       Applications for Membership - Loretta Walton and Christina Barrett

HPERM Ref: D18/2683

Recommendation (Item to be determined under delegated authority)

That Loretta Walton and Christina Barrett be appointed as community members on the Children’s Services Reference Group.

RESOLVED (Clr Cheyne / Clr White)                                                                                   MIN18.272

That Loretta Walton and Christina Barrett be appointed as community members on the Children’s Services Reference Group.

CARRIED

 

 

 

Report of the Shoalhaven Sports Board - 28 March 2018

 

SB18.2       Review of Councils Policies - Sportsgrounds Management and Grants Program

HPERM Ref: D17/342122

Recommendation (Item to be determined under delegated authority)

That Council adopt:

1.    The Sportsgrounds Management Policy with the changes highlighted.

2.    The Sports Grants Program (Capital Works) Policy with the changes highlighted and amend part 3.16 to read: Hirer and/or User.

 

RESOLVED (Clr Pakes / Clr White)                                                                                     MIN18.273

That Council:

1.    Defer adoption of the amended Sportsgrounds Management Policy until the councillor briefing on floodlight invoices has been held (see MIN18.271).

2.    Adopt the Sports Grants Program (Capital Works) Policy with the changes highlighted and amend part 3.16 to read: Hirer and/or User.

CARRIED

 

 


 

 

Reports

 

SA18.76     Illawarra Shoalhaven Joint Organisation (ISJO) Organisational Strategic Plan 2017-2020

HPERM Ref: D18/99778

Recommendation (Item to be determined under delegated authority)

That the report on the Illawarra Shoalhaven Joint Organisation Strategic Plan 2017-2020 be received for information.

 

RESOLVED (Clr Findley / Clr Gash)                                                                                    MIN18.274

That the report on the Illawarra Shoalhaven Joint Organisation Strategic Plan 2017-2020 be received for information.

CARRIED

 

 

SA18.77     Sale of Council Employment Land - Lot 119 DP 1124258, 10 Trim St, South Nowra

HPERM Ref: D18/109512

Recommendation

That:

1.    Council employment land (Lot 119 DP 1124258, 10 Trim Street, South Nowra) be sold for $255,000 (plus GST) to JW & J Schumann Pty Ltd;

2.    The General Manager be authorised to sign the Contracts for Sale; and

3.    The Transfer to complete the Contracts for Sale be executed under the Seal of Council.

RECOMMENDATION (Clr Proudfoot / Clr White)

That:

1.    Council employment land (Lot 119 DP 1124258, 10 Trim Street, South Nowra) be sold for $255,000 (plus GST) to JW & J Schumann Pty Ltd;

2.    The General Manager be authorised to sign the Contracts for Sale; and

3.    The Transfer to complete the Contracts for Sale be executed under the Seal of Council.

CARRIED

 

 

SA18.78     Shoalhaven Family Day Care Update

HPERM Ref: D18/24260

 

Item dealt with earlier in the meeting see MIN18.269.

 

 


 

 

SA18.79     Acceptance of NSW Public Libraries Association Scholarship - IFLA Conference Attendance - Sarah Taylor

HPERM Ref: D18/104301

Recommendation (Item to be determined under delegated authority)

That Council accept the scholarship awarded to Sarah Taylor to attend the World Library and Information Congress.

RESOLVED (Clr Gartner / Clr Findley)                                                                                 MIN18.275

That Council accept the scholarship awarded to Sarah Taylor to attend the World Library and Information Congress and pass on Council’s congratulations.

CARRIED

 

 

SA18.80     Acceptance of Bursary Funding - Regional Public Galleries NSW - $500 - Bridget Macleod Conference Attendance

HPERM Ref: D18/101233

Recommendation (Item to be determined under delegated authority)

That Council accept the Bursary of $500 to offset the cost of registation and travel for Bridget Macleod to attend the Art and Artist Conference.

RESOLVED (Clr Gartner / Clr Findley)                                                                                 MIN18.276

That Council accept the Bursary of $500 to offset the cost of registation and travel for Bridget Macleod to attend the Art and Artist Conference and pass on Council’s congratulations.

CARRIED

 

 

SA18.81     Acceptance of Bursary Funding - Museums Galleries Australia - $790 - Fiona McFadyen - Conference Attendance

HPERM Ref: D18/102366

Recommendation (Item to be determined under delegated authority)

That Council accept the Bursary of $790 to cover the conference registration fee for Fiona McFadyen to attend the Museums Galleries Australia Conference in June.

RESOLVED (Clr Gartner / Clr Findley)                                                                                 MIN18.277

That Council accept the Bursary of $790 to cover the conference registration fee for Fiona McFadyen to attend the Museums Galleries Australia Conference in June and pass on Council’s congratulations.

CARRIED

 

 


 

 

SA18.82     Acceptance of Bursary Funding - Performance Arts Acceptance Australia - $480 - Karen Patterson - Conference Attendance

HPERM Ref: D18/118473

Recommendation (Item to be determined under delegated authority)

That Council accept the travel subsidy of $480 to assist Shoalhaven Entertainment Centre manager Karen Patterson in covering travel costs to attend the PAC Australia Performing Arts Exchange and Making Space Conference in Karratha.

RESOLVED (Clr Gartner / Clr Findley)                                                                                 MIN18.278

That Council accept the travel subsidy of $480 to assist Shoalhaven Entertainment Centre manager Karen Patterson in covering travel costs to attend the PAC Australia Performing Arts Exchange and Making Space Conference in Karratha and pass on Council’s congratulations.

CARRIED

 

 

SA18.83     Crown Lands Management Act 2016

HPERM Ref: D18/110481

Recommendation (Item to be determined under delegated authority)

That the report about the current status of Crown Land Management Act 2016 be received for information.

 

RESOLVED (Clr Wells / Clr Cheyne)                                                                                   MIN18.279

That the report about the current status of Crown Land Management Act 2016 be received for information.

CARRIED

 

 

Procedural Motion - Adjournment of Meeting

Motion (Clr Pakes / Clr Proudfoot)

That the meeting be adjourned for 10 minutes until 7.33pm.

For:             Clr Gash, Clr White, Clr Guile, Clr Pakes, Clr Kitchener and Clr Proudfoot

Against:    Clr Wells, Clr Findley, Clr Gartner, Clr Cheyne, Clr Levett, Clr Watson and Russ Pigg

lost

 

 

SA18.84     Proposed Lease - Milton Ulladulla Preschool - 22 Dowling St, Ulladulla

HPERM Ref: D18/69945

Recommendation

That Council:

1.    Enter into a 5 + 5 year lease agreement with a commencement rent of $6,218.69 + GST and annual CPI increases commencing 1 May 2018 with Milton Ulladulla Preschool Association for the continued use and occupation of 22 Dowling St, Ulladulla as a preschool.

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

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

 

RECOMMENDATION (Clr Gartner / Clr Cheyne)

That Council:

1.    Enter into a 5 + 5 year lease agreement with a commencement rent of $6,218.69 + GST and annual CPI increases commencing 1 May 2018 with Milton Ulladulla Preschool Association for the continued use and occupation of 22 Dowling St, Ulladulla as a preschool.

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

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

CARRIED

 

 

SA18.85     Grant of Easement for Underground Cables to Endeavour Energy - Various Sites - North Nowra

HPERM Ref: D18/78260

Recommendation

That:

1.    Council grant an Easement in favour of Endeavour Energy for Underground Cables 3 metres wide over Lot 47 DP264082, Lot 15 DP241820, Lot 22 DP1024489, Lot 20 DP262851 and Lot 41 DP707414 at Gordon Cook Apex Park, North Nowra and accept compensation of $10,000 plus GST provided that all costs associated with the granting of the easement, including valuation, survey and legal costs are met by Endeavour Energy; and

2.    Authority be granted 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 this resolution.

 

RECOMMENDATION (Clr Gartner / Clr White)

That:

1.    Council grant an Easement in favour of Endeavour Energy for Underground Cables 3 metres wide over Lot 47 DP264082, Lot 15 DP241820, Lot 22 DP1024489, Lot 20 DP262851 and Lot 41 DP707414 at Gordon Cook Apex Park, North Nowra and accept compensation of $10,000 plus GST provided that all costs associated with the granting of the easement, including valuation, survey and legal costs are met by Endeavour Energy; and

2.    Authority be granted 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 this resolution.

 CARRIED

 

 


 

 

SA18.86     Proposed New Leases - Marine Rescue NSW - Huskisson, Kioloa & Crookhaven Heads

HPERM Ref: D18/82557

Recommendation

That Council:

1.    Enter into a 20 year lease agreement commencing 01 January 2018 with Marine Rescue NSW for the continued use and occupation of:

a.    Part Reserve R64558 – Part Lot 7010 DP 1076858, Part Lot 7012 DP 1021163 and Part Lot 1 DP 209436, being Voyager Memorial Park, Huskisson with an annual rent of $490 (plus GST) with annual CPI increases; and

b.    Part Reserve R75773 - Part Lot 34 DP 755941, Part Lot 7009 DP 1020455 and Part Lot 7304 DP 1143028, being O’Hara Head Reserve, Kioloa with an annual rent of $490 (plus GST) with annual CPI increases.

2.    Enter into a 5 year lease agreement commencing 01 January 2018 with Marine Rescue NSW for the continued use and occupation of:

a.    Part Reserve R180073 – Part Lot 34 DP 755971, being Crookhaven Heads Pilot Cottage Reserve, Crookhaven Heads with an annual rent of $490 (plus GST) with annual CPI increases.

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.

RECOMMENDATION (Clr Gartner / Clr White)

That Council:

1.    Enter into a 20 year lease agreement commencing 01 January 2018 with Marine Rescue NSW for the continued use and occupation of:

a.    Part Reserve R64558 – Part Lot 7010 DP 1076858, Part Lot 7012 DP 1021163 and Part Lot 1 DP 209436, being Voyager Memorial Park, Huskisson with an annual rent of $490 (plus GST) with annual CPI increases; and

b.    Part Reserve R75773 - Part Lot 34 DP 755941, Part Lot 7009 DP 1020455 and Part Lot 7304 DP 1143028, being O’Hara Head Reserve, Kioloa with an annual rent of $490 (plus GST) with annual CPI increases.

2.    Enter into a 5 year lease agreement commencing 01 January 2018 with Marine Rescue NSW for the continued use and occupation of:

a.    Part Reserve R180073 – Part Lot 34 DP 755971, being Crookhaven Heads Pilot Cottage Reserve, Crookhaven Heads with an annual rent of $490 (plus GST) with annual CPI increases.

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.

CARRIED

 


 

 

SA18.87     Land Acquisition - Easement for Drainage - Lot 102 DP 179622 Forest Meadows Way, Worrigee

HPERM Ref: D18/103228

Recommendation

That Council:

1.    Acquire easements to drain water 5 and 6 metres wide and variable width over part of Lot 102 DP 1179622 Forest Meadows Way, Worrigee as shown on Attachment 1.

2.    Agree to pay compensation in the amount of $20,037 plus reasonable legal costs associated with these acquisitions from Job No 85001 Land Acquisition Fund.

3.    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.

RECOMMENDATION (Clr Gash / Clr Gartner)

That Council:

1.    Acquire easements to drain water 5 and 6 metres wide and variable width over part of Lot 102 DP 1179622 Forest Meadows Way, Worrigee as shown on Attachment 1.

2.    Agree to pay compensation in the amount of $20,037 plus reasonable legal costs associated with these acquisitions from Job No 85001 Land Acquisition Fund.

3.    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.

CARRIED

 

SA18.88     Abandonment of Debt - Holiday Haven Outstanding Occupancy Fees

HPERM Ref: D18/103681

Recommendation (Item to be determined under delegated authority)

That Council, in accordance with Section 10A(2)(b) of the Local Government Act 1993, consider a separate confidential report to consider writing off debts incurred by customers at Shoalhaven Heads and Lake Conjola Tourist Parks.

RESOLVED (Clr Pakes / Clr White)                                                                                     MIN18.280

That Council, in accordance with Section 10A(2)(b) of the Local Government Act 1993, consider a separate confidential report to consider writing off debts incurred by customers at Shoalhaven Heads and Lake Conjola Tourist Parks.

CARRIED

 

 


 

 

SA18.89     Proposed Lease - Shoalhaven Trophies - 1 Stewart Place, Nowra

HPERM Ref: D18/107255

Recommendation

That Council resolve:

1.    To enter into a one (1) plus one (1) year lease with Alfred & Roslyn Parker (trading as Shoalhaven Trophies) over part lot 1 DP 115782 and part lot 1 DP 434714 known as 1 Stewart Place, Nowra commencing at an annual rent of $18,353.52 plus GST with annual CPI increases; and

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

RECOMMENDATION (Clr Pakes / Clr Gash)

That Council:

1.    Enter into a one (1) plus one (1) year lease with Alfred & Roslyn Parker (trading as Shoalhaven Trophies) over part lot 1 DP 115782 and part lot 1 DP 434714 known as 1 Stewart Place, Nowra commencing at an annual rent of $18,353.52 plus GST with annual CPI increases; and

2.    Affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed and to delegate authority to the General Manager to sign all documentation required to effect to this resolution.

CARRIED

 

SA18.90     Tree Management Policy - Public Land

HPERM Ref: D17/300343

Recommendation (Item to be determined under delegated authority)

That Council adopt changes to the decision-making process in the Tree Management Policy – Public Land to provide options (the ‘45 degree rule’) upfront for residents to undertake tree works in road reserves at their cost, when works are not undertaken by Council.

 

RESOLVED (Clr Findley / Clr Gartner)                                                                                 MIN18.281

That Council adopt changes to the decision-making process in the Tree Management Policy – Public Land to provide options (the ‘45 degree rule’) upfront for residents to undertake tree works in road reserves at their cost, when works are not undertaken by Council.

For:             Clr Wells, Clr Gash, Clr Findley, Clr White, Clr Gartner, Clr Cheyne, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Russ Pigg

Against:       Clr Levett and Clr Proudfoot

CARRIED

 

 

SA18.91     Comerong Island Ferry - Service Review

HPERM Ref: D18/84821

Item dealt with earlier in the meeting.

 

 


 

 

SA18.92     Waste Services Facilities Resourcing Model

HPERM Ref: D18/58861

Recommendation (Item to be determined under delegated authority)

That Council endorses an internal resourcing model for the provision of Waste Services, including management and staffing all 10 waste transfer stations, recycling centres, buy back centres and landfills.

 

RESOLVED (Clr Findley / Clr White)                                                                                    MIN18.282

That Council endorses an internal resourcing model for the provision of Waste Services, including management and staffing all 10 waste transfer stations, recycling centres, buy back centres and landfills, and that staff be commended for their work.

CARRIED

 

 

SA18.93     Energy from Waste Inquiry

HPERM Ref: D18/111672

Recommendation (Item to be determined under delegated authority)

That Council:

1.    Accept and note the report on the NSW State Government’s Inquiry into ‘Energy from Waste’, completed on 28 March 2018; and

2.    Continue to make representations to the State Government through local MP’s in both Houses, to have Shoalhaven reclassified as per the Inquiry recommendation.

 

RESOLVED (Clr Findley / Clr Cheyne)                                                                                MIN18.283

That Council:

1.    Note the report on the NSW State Government’s Inquiry into ‘Energy from Waste’, completed on 28 March 2018; and

2.    Continue to make representations to the State Government through local Members of Parliament to have Shoalhaven reclassified as per the Inquiry recommendation.

CARRIED

 

 

SA18.94     Crookhaven River Bridge Upgrade - Round 3 - Bridge Renewal Program

HPERM Ref: D18/103142

Recommendation (Item to be determined under delegated authority)

That

1.    Council accepts grant funding offer under the Australian Government’s Bridge Renewal Programme – Round 3 – for the upgrade of Crookhaven River Bridge (Archgate Bridge) in order to strengthen bridge to 166 tonne load and, to lift the weight restriction; speed restriction; and, heavy vehicle restrictions currently imposed on bridge traffic on Culburra Rd.

a.    Federal funding is up to $396,000 and, up to 50% of the total project cost;

b.    Council to fund $397,000, in accordance with the funding agreement. To be funded from Council’s Bridge Renewal Program.

RESOLVED (Clr Pakes / Clr Gash)                                                                                      MIN18.284

That:

1.    Council accepts grant funding offer under the Australian Government’s Bridge Renewal Programme – Round 3 – for the upgrade of Crookhaven River Bridge (Archgate Bridge) in order to strengthen bridge to 166 tonne load and, to lift the weight restriction; speed restriction; and, heavy vehicle restrictions currently imposed on bridge traffic on Culburra Rd.

a.    Federal funding is up to $396,000 and, up to 50% of the total project cost;

b.    Council to fund $397,000, in accordance with the funding agreement. To be funded from Council’s Bridge Renewal Program.

2. Council conduct an extensive media campaign to educate residents on the bridge upgrade.

CARRIED

 

 

SA18.95     Acquisition of Land and Easement - Sewer Purposes - Sussex Inlet

HPERM Ref: D18/92003

Recommendation

That Council:

1.    Acquire part of Lot 2442 DP1074478 at River Rd, Sussex Inlet, shown as proposed Lot 101 on the attached draft survey plan.

2.    Acquire an Easement to Drain Sewage variable width over part of Lot 2442 DP1074478 at River Rd, Sussex Inlet, marked (S) on the attached draft survey plan.

3.    Pay compensation of $2,000 (plus GST) and reasonable legal costs associated with the acquisition in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer fund.

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

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

RECOMMENDATION (Clr Proudfoot / Clr White)

That Council:

1.    Acquire part of Lot 2442 DP1074478 at River Rd, Sussex Inlet, shown as proposed Lot 101 on the attached draft survey plan.

2.    Acquire an Easement to Drain Sewage variable width over part of Lot 2442 DP1074478 at River Rd, Sussex Inlet, marked (S) on the attached draft survey plan.

3.    Pay compensation of $2,000 (plus GST) and reasonable legal costs associated with the acquisition in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer fund.

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

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

CARRIED

 


 

 

SA18.96     Bomaderry Sewerage Treatment Plant - Property Matters

HPERM Ref: D18/111433

Recommendation (Item to be dealt with under delegated authority)

That Council enter into negotiations for the purchase of Lot J DP385161 and Lot K DP389887, No 74 Railway Street Bomaderry.

 

RESOLVED (Clr Guile / Clr White)                                                                                       MIN18.285

That Council enter into negotiations for the purchase of Lot J DP385161 and Lot K DP389887, No 74 Railway Street Bomaderry.

CARRIED

 

 

SA18.97     Request for Connection to Town Water Supply - 285 Tannery Road, Cambewarra

HPERM Ref: D18/111402

Recommendation

That Council:

1.    Approve the connection to the town water supply, subject to the property owner:

a.    Paying the Separate System Connection fee for water supply ($6,578.00/ET (2017/18)), and

b.    Paying the 20mm metered service fee ($847.00 (2017/18)), and

c.    Extension of the water supply system in 100mm Nominal Size pipeline at the property owners cost (estimated in the order of $100,000).

RECOMMENDATION (Clr Pakes / Clr Cheyne)

That Council:

1.    Approve the connection to the town water supply, subject to the property owner:

a.    Paying the Separate System Connection fee for water supply ($6,578.00/ET (2017/18)), and

b.    Paying the 20mm metered service fee ($847.00 (2017/18)), and

c.    Extension of the water supply system in 100mm Nominal Size pipeline at the property owners cost (estimated in the order of $100,000).

CARRIED

 


 

 

Confidential Reports

 

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

 

No members of the public made representations.

 

RESOLVED (Clr Pakes / Clr Levett)                                                                                     MIN18.286

 

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

                       

CSA18.6         Abandonment of Debt - Holiday Haven Unpaid Occupancy Fees

Discussion in relation to the personal hardship of a resident or ratepayer.10(A)(2)(b)

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

CARRIED

 

 

The meeting moved into confidential the time being 8.16pm.

 

The meeting moved into open session, the time being 8.17pm.

 

 

There being no further business, the meeting concluded, the time being 8.18pm.

 

 

Clr Wells

CHAIRPERSON

 

 

 

 


 

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

 

HPERM Ref:       D18/138448

 

Submitted by:    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

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

2.    Possible funding options, 2018/19 Operational Budget, Holiday Haven.

 

 

Background

·     Prior to the East Coast Low in 2016 there were eight beach access points at the southern end of Warrain Beach. Warrain Beach runs along Warrain Cres and in front of the Currarong Beach Side Holiday Park (Council Owned Park).

·     I have been made aware by community members that there are now only three access points and the remaining five have not been repaired and closed by Council.

·     The community have raised many concerns about the closure of the walkways / access points.

·     Many visitors are making their own tracks to gain access to the beach damaging vegetation and the dunes.

·     Over the Christmas and Easter periods the village of Currarong triples the village population and many community members are concerned of more damage if council doesn’t replace the access points

 

Note by the General Manager

Background

The June 2016 East Coast Low (ECL) was a significant event resulting in the largest waves ever recorded on the NSW Coast, with the Eden wave rider buoy recording a maximum wave height of 17.7m on 6 June 2016 before the wave buoy broke from its moorings.

The direction of this ECL was unusual in that it come from the ENE direction, and heavily impacted NE facing beaches such as Currarong/Warrain Beach.

As stated, Warrain Beach has been serviced by 8 beach access points, 7 of which have been elevated stairs, at a cost of $15,000 per stairs each to construct from treated pine. This meant the total value of the beach access loss was $105,000.

Council is also aware that the Federal/State Government Natural Disaster funding does not cover damage to these type of structures.

In the short-term Council has replaced three (3) beach access points along Warrain beach at the following locations.

·    Peel St (far western end of the beach)

·    Mid beach between Worrigee St and Cambewarra Rd

·    Eastern end opposite boat ramp

(see map below)

 

Location of existing beach accessways 2017/18 
Figure 1:	     Location of proposed beach accessways 2018/19 
 

 

 

 

 


Current Situation

Currently the distance between beach access-ways is 400m, and feedback from the community is that this is unacceptable, and they have requested an additional 2 beach access-ways to reduce the distance that beach goers need to walk to access the beach safely. During the Councillor tour on Friday 4 May, Councillors and staff met community representatives on site to discuss options. Currently residents/visitors are constructing their own structure, such as timber steps and sand bags to facilitate access down the steep dune scarp. This raises some serious public risk implications for Council (see attached photos).

As part of the larger Currarong Erosion Remediation Project, an additional two beach access-ways are proposed for construction. These are planned to be constructed at the corner of Cambewarra St & Warrain Crescent, where a lookout is currently situated and opposite No. 38 Warrain Crescent (see figure 1). This will bring the total of 5 beach access-ways along Warrain beach, with the total distance between beach access ways being no greater than 250m. However at the inspection on 4 May it was suggested that the 5th access point could be at the intersection of Warrain Cr and Worrigee Rd rather than opposite #38.

One of the two proposed beach access tracks is located over an Aboriginal Heritage item (middens). As per the NSW NPWS Act 1979 and the NSW Office Environment and Heritage (OEH) Due Diligence Code, Council has prepared an Aboriginal Cultural Heritage Assessment Report and requires approval to undertake the work from NSW OEH.

Both these proposed beach access-ways will be constructed as part of the larger erosion remediation control works (construction of the geotextile groyne and sand nourishment). As the beach access-ways will rely on sand nourishment in order to be built.

Currently Council is at detailed design stage for the erosion remediation project and have prepared a draft Review of Environmental Factors (REF) for the project. Staff are currently in consultation with the Jervis Bay Marine Park Authority, NSW Crown Lands, NSW OEH and Currarong Progress Association & Community, with a public meeting scheduled for May 26, 2018. The estimated timeframe for commencement of works on the project is September – October 2018.

 

Future Plans

The two-proposed beach access-ways will cost approximately $90,000 each, if constructed of Fibre Reinforced Polymer, however a cost benefit assessment can be made including other shorter life materials. The cost of the two-additional beach access-ways has not been budgeted into the overall erosion remediation project, which has a total cost of $884,660.

Currently Council has $400,000 allocated from the 2017/18 coastal reserve budget and will be allocating an additional $350,000 from the 2018/19 allocation. Council will still require $134,660 just to complete the geotextile groyne/sand nourishment project – a matter noted for budget considerations.

If Council’s CZMP is certified by the Minister this year, Council will be eligible to apply for grant funding from NSW OEH Coast and Estuary Program for partial funding. The funds for the additional two beach access ways will need to be drawn from existing capital budget, such as the Coastal Foreshore Access Strategy

However, cost sharing with Holiday Haven Tourist Parks for the construction of the additional two access ways will be pursued, for works to be undertaken in 2018/19.

 


 

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SA18.100   Notice of Motion - Footpath Construction - Osborne Street Nowra - Incomplete Section

 

HPERM Ref:       D18/141066

 

Submitted by:    Clr Greg Watson   

Purpose / Summary

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

 

Recommendation (Item to be determined under delegated authority)

That Council include the remaining section of unpaved footpath in Osborne St Nowra, located between Hyam St and North St (Western side) in the operation plan for paving.

 

 

Background

The Northern end of Osborne St Nowra is used by increasing numbers of pedestrians from the local area to gain access to the CBD and the Department of Housing estate and Pool. Because of the increasing commercialisation of this section of Osborne St the street parking is at saturation point which forces pedestrians on to the road pavement used by cars creating a particularly hazardous situation for those using mobility devices, wheel chairs etc.

 

Note by the General Manager

Next year’s draft budget currently has the following budgets related to footpaths:

85145 – Footpath forward investigation $13K

85805 – Footpaths replace (renewal) $57K

85328 – Footpaths new $164K

85362 – Community Sponsored paths $110K

The completion of the footpath network on Osborne Street Nowra is currently one of the highest priority in PAMP (Pedestrian Access and Mobility Plan) on the local road network (there are other higher priorities on the Highway).

The cost of the footpath as requested by in the Motion is in the order of $50,000.

The cost of the remaining missing links in the Osborne Street footpath network is in the order of $40,000 (combined that will complete continuous footpath along Osborne Street between North Street and Plunkett Street).

Completion of the Osborne Street footpath works is supported in 18/19.

That will leave $74,000 left to spend on other footpath works citywide which will be allocated on the highest priority projects in PAMP (primarily this is addressing the numerous other “missing links” in the footpath network city wide).

The Director Assets & Works and Traffic Unit Manager are preparing to bring the PAMP “list” for the next 3 years to Council for consideration in the coming weeks.

 

  


 

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SA18.101   Report of the Shoalhaven Arts Board - 9 May 2018

 

HPERM Ref:       D18/154574

Attachments:     1.  Art - Shoalhaven City Council Art Collection - Acquisition & Management - Recommended Changes - May 2018  

 

AB18.11     Policy Changes - Shoalhaven City Art Collection - Acquisition & Management

HPERM Ref: D18/144102

That Council reaffirm the Shoalhaven City Art Collection – Acquisition and Management Policy (POL18/23) with the proposed changes as outlined in the attachment.

1.    Delete the requirement for the Acquisition Sub-Committee to include the Shoalhaven Arts Board Executive Officer as Convenor,

2.    Amend the position title within the Acquisition Sub-Committee members from Shoalhaven Arts Manager to Manager – Arts and Culture, Shoalhaven City Council.

CARRIED

 

 

AB18.12     Art Acquisition Subcommittee - Formation - Membership

HPERM Ref: D18/141858

1.    That the Art Acquisition Subcommittee of the Shoalhaven Arts Board be established as per the Shoalhaven City Council Art Collection – Acquisition and Management Policy (POL18/23) with the following members:

i.     Clr John Wells (as Councillor member nominated by Council),

ii.     Alison Chiam (Arts Board representative as nominated by the Board),

iii.    Barbara Dawson (Arts board representative as nominated by the Board),

iv.   Manager – Arts and Culture as Convenor,

v.    An invited / co-opted member of the arts community.

CARRIED

 

 

 

 


 

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SA18.102   Review of Council policies

 

HPERM Ref:       D18/124273

 

Group:                Finance Corporate & Community Services Group 

Section:              Finance 

Attachments:     1.  Revenue_StormwaterPolicy_Updated

2.  Amendment to POL18/19 Fees - Waiving of Development Application and Other Fees for Charitable Organisations and Community Groups

3.  Amendment to POL16/183   

Purpose / Summary

To review and update Council policy POL18/12 Revenue – Stormwater Management Policy and make slight amendments to two Council policies dealing with fee waivers (POL17/10 Waiving of Development Application Fees and Other Fees for Charitable Organisations and Community Groups and POL16/183 Fee Waivers, Subsidies and Support Policy).

Recommendation (Item to be determined under delegated authority)

That Council adopt the following policies, as amended:

1.    POL18/12 Revenue – Stormwater Management Policy

2.    POL18/19 Waiving of Development Application Fees and Other Fees for Charitable Organisations and Community Groups

3.    POL16/183 Fee Waivers, Subsidies and Support Policy

 

 

Options

1.    Adopt the recommendations as written.

Implications: Nil

 

2.    Not adopt the recommendations and give further instruction to staff.

Implications: Staff will need to redraft the affected policies.

 

Background

Tracked changes have been made to the following policies:

a.    POL18/12 Revenue – Stormwater Management Policy

b.    POL17/10 Waiving of Development Application Fees and Other Fees for Charitable Organisations and Community Groups

c.    POL16/183 Fee Waivers, Subsidies and Support Policy

These are shown in the attachments.

POL18/12 Revenue – Stormwater Management Policy is due for review and has been updated to show the latest stormwater management charges set under Local Government (General) Regulation 2005, Section 125AA and to correct some typographical issues.

Reference to listing on the Community Directory has been removed from both POL17/10 Waiving of Development Application Fees and Other Fees for Charitable Organisations and Community Groups and POL16/183 Fee Waivers, Subsidies and Support Policy. Among the issues identified when the Community Directory was recently reviewed was the finding that some organisations/people are only requesting to be added to the Directory due to a mistaken belief that they then qualify for the waiving of DA fees or to receive fee support for the use and hire of Council managed public reserves and facilities. The amendment is intended to clarify that non-profit status is the key eligibility criterion.

 

Community Engagement

There is no statutory requirement to publicly exhibit any of the policies contained in this report. Council may choose to do so should they consider any changes of significance.


 

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

 

HPERM Ref:       D18/142247

 

Group:                Finance Corporate & Community Services Group 

Section:              Governance 

Attachments:     1.  Request from Jervis Bay & Basin Arts Inc. re: SeeChange Festival

2.  Request from Nowra Waterdragons Dragonboat & Outrigger Canoe Club   

Purpose / Summary

To consider requests for donations for the SeeChange Jervis Bay Arts Festival (SeeChange Festival) and Nowra Waterdragons Dragonboat & Outrigger Canoe Club Inc.

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.

 

 

Options

1.    As recommended.

Implications: Nil.

The SeeChange Festival will receive $15,000 from Shoalhaven Tourism and $20,000 from the NSW Government’s 2018 Flagship Event Fund.

The Nowra Waterdragons Dragonboat & Outrigger Canoe Club Inc will be required to conduct alternative fundraising activities and/or self-fund their campaign to compete in Hungary.

 

2.    To donate to the Nowra Waterdragons Dragonboat & Outrigger Canoe Club Inc and give additional funds to the SeeChange Festival.

Implications: Council would need to identify what other funding source the donations would be taken from as Council’s donations budget is already in deficit.

The SeeChange Festival would receive funding from Shoalhaven Tourism, the NSW Government’s 2018 Flagship Event Fund and the unallocated donations budget.

 

3.    An alternative recommendation.

Implications: Unknown.

 

Background

SeeChange Festival

The Jervis Bay & Basin Arts Inc wrote to the Council on 24 April 2018 (Refer report attachment 1) seeking “any financial assistance SSC is able to offer” to support the delivery of their event.

The SeeChange Festival is an annual arts festival run by Jervis Bay & Basin Arts Inc. 2018 is the Festival’s 10th year.

Shoalhaven Tourism offered sponsorship to the SeeChange Festival of $15,000 towards its 2018 opening event – Path of Light. The application for funding was assessed based on the following criteria:

·    Regional Capability and Brand Fit;

·    Return on Investment/Economic Development;

·    Long Term Sustainability; and

·    Marketing Leverage.

Jervis Bay & Basin Arts Inc. were also successful in obtaining a $20,000 grant from the NSW Government’s 2018 Flagship Event Fund to assist with promotion of the event.

Shoalhaven Tourism granted the Shoalhaven Winter Wine Festival $5,000. When the Shoalhaven Winter Wine Festival was cancelled the organisers of SeeChange requested that the funding for the Winter Wine Festival be redirected to the SeeChange Festival to support Pocket Performances with Bamboozled Productions – a live music component of the Festival. The Manager - Tourism declined this request because they are already providing significant funding to SeeChange.

 

Nowra Waterdragons Dragonboat & Outrigger Canoe Club Inc

Council received correspondence from Nowra Waterdragons Dragonboat & Outrigger Canoe Club Inc. on 30 April 2018. (Refer Attachment 2)

The Nowra Waterdragons Dragonboat & Outrigger Canoe Club Inc. have requested financial support to attend the 11th International Dragonboat Federation World Club Crew Championships in Szegreg, Hungary from 17-22 July 2018. The Championships are held every two years.

The forecasted cost for the team of 22 to attend is $68,156. In previous competitions the team has self-funded.  The request does not specify the amount of funding sought.

 

Policy Implications

Council’s Donations Policy (POL12/299) states that:

The objectives of the policy are:

·    To consider financial assistance by way of donation, sponsorship and subsidies to local service, cultural, sporting, charitable or non-profit organisations who operate within or provide benefit to the residents of Shoalhaven City or conduct quality cultural, sporting and community service programs and activities and who cannot attract sufficient funds from other sources;

·    To address targets specified within the Community Strategy Plan or other Strategic Documents as well as objectives including access and usage of community resources, services and facilities, and equity of access for special needs groups;

·    To consider funding to encourage and enable broad community participation in cultural, sporting and community service activities…

In addition, Part 3 of the Policy states that:

Applications for financial assistance will generally not be considered where the application also meets the criteria for grants/donations provided by the Shoalhaven Arts Board, the Shoalhaven Tourism Board and/or the Shoalhaven Sports Board. In these cases, applications will be sent directly to the appropriate Board.

Under the Guidelines and Procedures for Financial Assistance, the Policy also states that events NOT eligible for funding include where a more applicable funding source is available.

Accordingly, the request for additional funds for the SeeChange Festival is not eligible under Council’s Donations Policy.

The Nowra Waterdragons request does not fall within one of the established categories under part 2.2 of the Donations Policy.

Council has resolved to undertake a review of the Donations Policy.

 

Financial Implications

There are no remaining funds in the unallocated donations budget for the 2017/2018 financial year. The 2017/2018 budget has already been overspent by $4,295.77. If Council considers option 2 or an alternative option, it would need to identify what other funding source the donation would be taken from.

 


 

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 Strategy and Assets Committee – Tuesday 15 May 2018

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 Strategy and Assets Committee – Tuesday 15 May 2018

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SA18.104   March 2018 Quarterly Budget Review

 

HPERM Ref:       D18/149865

 

Group:                Finance Corporate & Community Services Group 

Section:              Finance 

Attachments:     1.  Quarterly Budget Review Statement March 2018 (under separate cover)   

Purpose / Summary

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

 

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.

 

 

Options

1.    Adopt the recommendation

Implications: Nil

 

2.    Not adopt the recommendation and make an alternative resolution

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

 

Background

The budget review involves an analysis of Council’s annual budget for each Group to determine whether any changes in votes are required for the period.  This process has been undertaken for the period to 31 March 2018 and any changes have been reported in the Quarterly Budget Review Document. This report also analyses the progress of each group in achieving its financial objectives.

 

Council’s Funds

General Fund

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

 

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

 

 

Income

As at 31 March, General Fund income has achieved 79% of the revised budget. This is primarily due to the raising of rates revenue in full. Excluding rate income, General Fund has achieved 70% of the revised budget. The March Quarterly Budget Review Statement recommends a decrease of $111K. The major adjustments (offset by a corresponding adjustment in expenditure, unless otherwise stated) in the review are:

 

Category

Amount $’000

Reason

Rates & Annual Charges

152

·    Additional rating income received from part year rating

User Charges & Fees

(510)

·    Reduce expectation on drainage certificate income ($135K)

·    Reduce expectation on building certificate income ($190K)

·    Holiday Haven (HH) – Reduction of $569K due to transfer to Internal Revenue area to match receipts

·    Increase of $195K due to proponent funded works

·    Increase of $54K for Environmental Management

·    Increase of $65K for Roads and Transport

·    Increase of $17K for Recreation receipts

·    Increase $16K for Visitors Centre

·    Increase of $35K for Subdivision and Development fees

Interest & Investment Revenue

(94)

·    Reduction in dividend received from Southern Phone, offset reduction to Economic Projects reserve

Other Revenues

403

·    Visitors Information Centre $50K to match revenue received to date and forecast revenue to end of financial year

·    Building compliance unit $120K to match revenue received to date and forecast revenue to end of financial year

·    Tourism – Unspoilt Campaign #2 $250K contribution from other Councils

·    Community and Culture – increase of $15K to match revenue received to date

·    Industry Promotion $14K to match revenue received to date and forecast revenue to end of financial year

·    Property Unit ($45K) realignment of revenue expectation, offset by internal expenses

Internal Revenue

690

·    Business units (various) net increase of $71K, offset by employee costs

·    Holiday Haven – increase of $569K due to transfer from User Fees and Charges

·    Contribution from Shoalhaven Water $50K for Sustainable Futures

Grants & Contributions - Operating

(306)

·    Reduction in Family Day Care ($190K) due to fewer educators

·    Reforecast grant receipts associated with Ulladulla Harbour Berthing Facility ($37K)

·    Receive grants Local Priority (Library) +$30K, Sand Spurge +$8K, Seniors Festival +$4K

·    EPA grants – milestone payments received totalling +$62K, offset by employee & materials costs

·    Rural Fire Service grant reduction ($104K) as advised by RFS, offset by expenditure reduction

·    Amend timing of grants receivable ($255K)

·    Receive contribution from RFS for IEMC Padmount $165K

·    Additional contributions received for roads and parks $12K

Grants & Contributions – Capital

(446)

·    Reforecast grant receipts associated with Ulladulla Harbour Berthing Facility ($750K)

·    Recognise additional RRRP funding $51K

·    Recognise contributions towards Mollymook all access playground $69K

·    Developer contributions received, offset to reserve $184K

 

Operating Expenditure

General Fund is on target with operating expenditure at 72% of the revised budget. The March Quarterly Budget Review Statement recommends a decrease of $573K, part of which is outlined above. The balance is made up of:

Category

Amount $’000

Reason

Employee Benefits & Oncost

(117)

·    Industry Promotion – increase of $4K, offset by revenue

·    Internal Business units – net decrease of $75K, with corresponding revenue reductions

·    Reduction in estimated Drainage Assessment salaries ($110K), offset by revenue reductions

·    EPA grants reimbursement received for RID costs $62K

Materials & Contracts

(22)

·    Transfer to capital Roads -$322K, Entertainment Centre -$59K, Drainage -$17K

·    Movement offset by income, Family Day Care -$190K, Economic Development -$126K, planning proponent funding +$190K, library +$15k, tourism +$300K, corporate buildings +$120K

·    Financial Services +$30K for auditor fees and $24K for data audit

·    Insurance event costs $18K

Other Expenses

(501)

·    Self funding reductions in Property ($130K)

·    Self funding reductions to RFS ($88K)

·    Transfers to capital for Roads expenses ($313K)

·    Additional funding for valuations $40K

·    Transfer to materials for governance

Internal Expenses

67

·    Contribution from Shoalhaven Water for Sustainable Futures +$50K

·    Self funding reductions to RFS ($17K)

·    Self funding increases to Property $25K

·    Self funding increases to Waterways $15K

 

Non-Operating Expenditure

Capital Expenditure as at 31st March is 50% of the revised budget (excluding commitments). The March Quarterly Budget Review Statement recommends a budget decrease of $3.2M This decrease consists of:

Program

Amount $’000

Reason

Economic Development

(3,241)

·    Align to new forecast of spend, full details in the report

Buildings & Property

443

 

·    Transfer from Libraries for Ulladulla Civic Centre toilet refurbishment to match grant $55K

·    $361K Assets and Works – contribution for IEMC Padmount and category transfers as detailed in the report

·    $27K expenditure funded from Property Reserve

Commercial Undertakings

59

·    Shoalhaven Entertainment Centre – transfer from operational budgets for a range of capital improvements (carpeting, elevated work platform, new POS system)

Internal Corporate Services

(171)

·    Transfer to 18/19 for printing equipment and VOIP upgrades ($200K)

·    Transfer from operational for Zipporah Booking system $29K

Open Space

(7)

·    FCCS - Combination of reforecast of spend and additional funds received, full details in the report ($21K)

·    Assets and Works $14K – Tennis Restricted account users, fund expenditure from reserve

Roads and Transport

433

·    Transfers from operating expenditure to fund projects

Waste and Recycling Program

(778)

·    Transfer to 18/19 for continuing projects

 

 

Asset Sales

Asset sales are at 71% of the March Adjusted Budget. The recommended adjustment is an increase of $348K, resulting from proceeds from sale of Industrial Land assets $500K and a reduction of Property sales estimate of $152K.

 

Reserve Movements

The March Quarterly Budget Review recommends $4.1M being put to the General Fund Reserves. Below is a summary of the movements to General Fund Reserves recommended in the review:

Reserve

Amount $’000

Reason

Committed Capital

716

·    VOIP Upgrades +20K

·    Printing Equipment +25K

·    Disk Storage +75K

·    Frogs Holla +95K due to project delays

·    Pedestrian signals Princes Highway +200K

·    Bridge Programme +300K

With the exception of Frogs Holla, all transfers are due to realignment of expected cash outflows

Economic Projects

659

·    Reduction of dividend received -94K

·    Realignment of spend, funds used as matching for 2 grants next year (previously reported to Council)

Industrial Land

2,700

·    Expected land settlements this year higher than original forecast, plus reforecast of spend on Woollamia development to 18/19

General Insurance

-13

·    Net cost of insurable events

Developer Contributions

184

·    Developer contributions received offset to reserve

Loans

100

·    McGrath Avenue parking deferred to 18/19

Property Reserve

-1,115

·    Reduction to forecast receipts 133K

·    Fund property purchase +982K

Sporting Facilities

-14

·    Fund expenditure by Tennis Associations that contributed to the restricted account

Waste Disposal

778

·    Realign spend as outlined in program report

 

Water Fund

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

 

 

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

Income

As at 31 March, Water Fund has achieved 80% of the revised budget and there is an adjustment of $1,890K. This mainly relates to an increase in water usage due to the unseasonably dry weather.

Category

Amount $’000

Reason

User Charges & Fees

1,745

·    Increased water usage due to dry weather conditions $1,600K

·    Increased water meter installations $140K

Other Revenues

(5)

·    Reduction in income

Grants & Contributions – Capital

150

·    Increase in Sec 64 contributions received $150K

 

Operating Expenditure

Water Fund is on target with operating expenditure at 73% of the revised budget. The March Quarterly Budget Review Statement recommends a decrease of $240K. This relates to the reallocation of resources to capital projects of $240K.

Category

Amount $’000

Reason

Employee Benefits & Oncost

(194)

·    Reallocation of resources to capital projects of ($194K)

Materials and Contracts

(26)

·    Reallocation of resources to capital projects of ($26K)

Other Expenses

(20)

·    Reallocation of resources to capital projects of ($20K)

 

Non-Operating Expenditure

Capital Expenditure as at 31 March is 53% of the revised budget (excluding commitments). A reduction of $2,592K is recommended after reviewing the timing of a number of key projects and expected outflow of payments.

 

Asset Sales

Asset sales is at 92% of the revised budget. No adjustments are recommended.

 

Sewer Fund

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

 

 

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

 

Income

As at 31st March, Sewer Fund has achieved 77% of the revised budget, an adjustment of $1,075K is recommended. The changes consist of:

Category

Amount $’000

Reason

User Charges & Fees

420

·    Increased wastewater usage $300K

·    Increased chargeable private works $120K

Other Revenues

5

·    Additional income

Grants & Contributions – Capital

650

·    Increase in Sec 64 contributions received $650K

 

Operating Expenditure

Sewer Fund is slightly below target with operating expenditure at 71% of the revised budget. The March Quarterly Budget Review Statement recommends a decrease of $810K. The major adjustments include:

Category

Amount $’000

Reason

Employee Benefits & Oncost

(80)

·    Increased chargeable private works, offset by income

·    Reduced operational budget to reflect current spend

Materials and Contracts

(620)

·    Increased chargeable private works $50K, offset by income

·    Reduced operational budget to reflect current spend

Internal Expenses

(110)

·    Realign internal maintenance budget with actuals

 

Non-Operating Expenditure

Capital Expenditure as at 31 March is 53% of the revised budget (excluding commitments). A decrease of $25.735M is recommended after reviewing the timing of a number of key projects and expected outflow of payments. This mainly relates to reforecasting of the REMS1B cashflow.

 

Asset Sales

Asset sales is at 78% of the revised budget. No adjustments are recommended.

 

Key Performance Indicators

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

 

Operating performance ratio

 

 

The improvement in this ratio is due to adjustments recognising additional income and a reduction in operating expenditure.

 

Unrestricted current ratio

 

 

The improvement in this ratio is due to adjustments recognising additional income and reducing operating expenditure that results in additional cash (current assets).

 

Cash expense ratio

 

 

The improvement in this ratio is due to adjustment in reducing expenditure.

 

Cash expense ratio

 

 

This ratio has declined due to the timing of renewal projects being cash flowed into 2018/19.

 

Council’s Groups

General Manager’s Group

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

 

 

General Manager’s Comments:

Revenue received to date is tracking lower than 75%, mainly due to the timing of revenue claims associated with the UOW Mind the Gap project. It is anticipated that the full claim will be lodged by end of financial year. Due to delays with the Ulladulla Harbour Berthing Project, both the project revenue and expenditure has been reforecast into the 18/19 financial year.

Whilst Capital Expenditure is tracking low, subdivision construction works will commence at Woollamia Industrial Estate during the 4th quarter and continue into next financial year. An allowance for the continuation of works at the Ulladulla Harbour has also been made.

Asset sales have been increased and will be achieved for the full year.

 

Finance, Corporate and Community Services

 

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

 

Group Director’s Comments:

Both revenue and operating expenditure are in line with projections, with the revenue appearing higher due to the full year recognition of rates income and additional rates receipts due to new subdivisions. Developer contributions received are in reserves for future expenditure. Shoalhaven City Council is the coordinating Council for the Unspoilt campaigns and receipts of $250K have been received for the next campaign. Changes in the Visitors Centre have resulted in slightly higher than anticipated sales, with a commensurate increase in expenses. Family Day Care has decreased its revenue and expenditure projections, due to a decreased number of carers.

There are a number of capital projects at various stages of completion. Two main projects in Swim and Fitness are related to the filtration system at Ulladulla (purchase order raised during the 4th quarter); and a new point of sale system, which is expected to be 80% expended by the end of financial year. Libraries infrastructure is expected to be fully expended by end of financial year. Funds initially set aside for the café refurbishment at the SEC have now been reallocated to higher priority projects after the café quotes received exceeded the funds available for the current year. Funds for Frogs Holla have been reforecast to the draft 18/19 budget.

An online booking system for sports grounds, parks and a range of community facilities is in development with an implementation plan currently being prepared. Subject to successful system testing, the first stage roll-out for facilities directly managed by Council is anticipated to be operational prior to the end of the year with roll-out to facilities with management committees to follow.

There are a number of other IT projects marked for transfer to the draft 18/19 budget. These projects have been unable to be delivered during the current year, predominantly due to resourcing constraints.

There are some projects likely to be a carry-forward at the end of financial year. These projects are: Voyager Playground, due to some delays in the quoting and delivery of equipment; Milton Croquet (which will require additional funds in order to complete the project as scoped); Northern Indoor Sports Centre, which is currently under construction; compliance works at SEC (under project management by Project Delivery) and the Bay & Basin Community Hub.


 

 

Planning, Environment and Development Services

 

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

 

 

Group Director’s Comments:

Revenue projection has been increased overall by $190K. Proponent funds of $195K have been provided to our Group, with a corresponding increase to expenditure for those specific projects. Compliance Unit has an increase of $62K for receipt of milestone payments from the EPA for works already completed. The adjustments in Environmental Regulation have been budget neutral. Revenue decreases, predominantly in the Building & Drainage certificate area are mostly offset by increases in Building Compliance unit revenue and expenditure decreases in Drainage Assessment. Changes in legislation which created the drainage certification area came into effect late in September 2017. The initial budget was a best estimate against unknown factors. The amended budget as reflected in this review is expected to be very close to the full-year result. The Building area has been hit hard and this is most likely due to the impact of private certification.

The main grant funded project is the Flood Levee Repairs, which has now been let to a contractor. This is the other main driver behind both the operating revenue and expenditure being behind the 75% mark, as this is a $1.1M project. Claims will be made as expenditure reaches milestones.

Shoalhaven Water have also provided funding to Planning, Environment & Development Services of $50K for the Sustainable Futures project.

Capital is tracking lower than expected. Currarong Coastal Erosion Remediation is at the design stage, following extensive community consultation. It now appears as though this project will continue into 18/19. Entrance Plans implementation now has geotech reports, and it is anticated that contracts will be entered into prior to the end of financial year.

 

Small Lot Rural Subdivision

 

   

Nebraska Estate: $69,110 remains for progressing rezoning investigations.

 

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

 

Road investigations and construction: The balance of the roadwork design budget for Nebraska Estate for 2017/2018 is $10,646. The balance of the construction budgets for Jerberra, Verons and Nebraska Estates for 2017/2018 are $5.3M, $2.1M and $13,519 respectively.

 


 

Assets and Works

 

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

Group Director’s Comments:

Operating expenditure is tracking slightly below the 75% mark, as is operating revenue. Property unit has had a cost neutral realignment of both revenue and expenses. The Rural Fire Service has also advised council of changes to their budget, which is also cost neutral.

Selected projects in carparking, pedestrian facilities, bridges and waste have been reforecast to the draft 18/19 budget and these are detailed in the attachment to the report. Carparking works in Collins Way is scheduled to commence in May and will be completed by the end of financial year, weather permitting.

Works in Jerberra Estate are continuing. There have been some delays related to Electricity, and the final outage is booked for late May. A report will be submitted to Council in May related to compulsory acquisition for the last fire trail lot. Verons Estate is with Project Delivery. Issues have been encountered with endangered species orchids; with a survey pending in May to record any locations. Upon completion of this and the hollow bearing tree survey, documentation for tender will be advanced.

A number of key road projects on Bolong Road have encountered poor soil conditions resulting in significant additional earthworks and pavement works. To meet these funding requirements, Worrigee Road and Woodhill Mountain Road repair projects have been deferred and savings from complete projects have been reallocated. Jindy Andy Lane, Bendalong Road and Greenwell Point Road (Pyree) are currently in progress and due to be completed in the fourth quarter.

The Wool Road Rehabilitation and shoulder widening project requires additional budget to meet the pre-construction estimate. This project will be tendered shortly to span two financial years for additional funding to be allocated in the FY18/19 budget. Wheelbarrow Road sealing and Prince Edwards Ave rehabilitation will be issued for tender in the fourth quarter and are expected to be in progress at the end of the financial year.

 

 

Stormwater Levy

Spending against the Stormwater Levy is 53% of budget.

 

Group Director’s Comments:

The delays at Greville Ave drainage were detailed in the December Review. Greville Avenue will receive additional funding next financial year once a new project plan has been established.

Bolong Road culvert project was a project spanning 2 stages as detailed in the December Review. All costs relating to the project have now been accounted for.

A subsequent resolution (April) will reallocate $350,000 of Stormwater Levy funds to the Shoalhaven River Road Foreshore Precinct, and this will be reflected in the Quarter 4 report.

 


 

Special Rate Variations

 

Spending against the Special Rate Variation from 2013/14 is 77% of budget.

 

 

Group Director’s Comments:

Bendalong Road works have commenced, with the contract scheduled for completion in April. The proportion of special rate funds allocated to Bendalong Road has been expended.  Warden Street Ulladulla is scheduled to commence in April (Quarter 4). There are delays with the commencement of The Wool Road and this project will need to carry forward into the 18/19 financial year.

Spending against the Special Rate Variation from 2017/18 is 57% of budget.

 

Group Director’s Comments:

Public Halls are 92% spent at the end of March and are on track to be fully expended this financial year.

Parks are 40% expended at present. Quotes are being sourced for bollard replacements across the Shoalhaven, which are part of the special rate expenditure. Subject to suitable quotes, the programme is on track for full expenditure by end of the financial year.

The roads maintenance and resurfacing projects are tracking well. Works on Milbank Road have been completed. Final costs will be reflected during the June Review. Works on Jindy Andy are under way and expected to be completed by mid May. This spend will also be reflected in the June Quarterly Review report, with both line items to be 100% expended.

Jacobs Drive streetscape works have now been negotiated and will be delivered in full by late June / early July 2018.

 


 

Shoalhaven Water

 

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

 

 

Group Director’s Comments:

The Shoalhaven Water General Group is operating on target, with revenue at 73% of budget and operational expenditure at 71% of budget. The increase in operating expenditure relates to depreciation.

 


 

Water Fund

 

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

 

Group Director’s Comments:

The Water Fund is operating on target, with operational expenditure at 73% and revenue slightly higher than current budget. The adjustment to revenue relates mainly to the increase in water usage due to the unseasonably dry weather experienced over the summer months. In addition, section 64 income is tracking slightly higher than expected with increasing developer activity. The capital program is at 53% of budget and requires an adjustment of $2,592K this quarter. These adjustments mainly relate to the reforecasting of cashflow on a number of capital projects.

 


 

Sewer Fund

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

 

 

Group Director’s Comments:

The Sewer Fund is operating on target, with operational expenditure at 71% and revenue slightly higher than current budget. The adjustments to revenue relate mainly to the increases in usage. In addition, section 64 income is tracking higher than expected with increasing developer activity. The capital program is at 53% of budget and requires an adjustment of $25.735M. This adjustment is mainly due to reforecasting the cash flow for the REMS 1B project.

 

Financial Implications

Whilst adjustments made in the March Quarterly Budget Review have been cost neutral, Council is still in a budget negative position for General Fund. Council will need to be remain mindful of this situation and should not introduce new works or services in General Fund, unless a funding source is clearly identified.

 


 

 Strategy and Assets Committee – Tuesday 15 May 2018

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SA18.105   2018 Future of Local Government National Summit - The Game Has Changed

 

HPERM Ref:       D18/152524

 

Group:                Finance Corporate & Community Services Group 

Section:              Human Resources, Governance & Customer Service 

Attachments:     1.  Conference program   

Purpose / Summary

To consider Councillor attendance at the 2018 Future of Local Government National Summit - The Game Has Changed scheduled for 30-31 May 2018 in Melbourne, VIC.

 

Recommendation (Item to be determined under delegated authority)

That Council

1.    Notes the details of the 2018 Future of Local Government National Summit scheduled for 30-31 May 2018 in Melbourne, VIC.

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

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

3.    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 2018 Future of Local Government National Summit is considered relevant to local government, Information in relation to the conference is attached to this report

Costs associated with the conference are estimated as follows:

·     registration: $594

·     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 Conference commences at 9.10am Wednesday 30 May 2018 and concludes at 3.15pm Thursday 31 May 2018 and following Council Business is scheduled within the period of the conference:

·     Tuesday 29 May – Public Consultation – Community Strategy Plan – Delivery Plan/Operational Plan - Nowra.

·     Thursday 31 May – Public Consultation – Community Strategy Plan – Delivery Plan/Operational Plan - Ulladulla.

 

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.

 

Financial Implications:

Funds are available for Councillors to attend this conference.

 


 

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SA18.106   Waste Reduction Management Strategy

 

HPERM Ref:       D17/276381

 

Group:                Assets & Works Group 

Section:              Works & Services

 

Attachments:     1.  SCC Waste Strategy 2017/18 to 2020/21 (under separate cover)

2.  Benefit cost analysis

3.  Assumptions - Benefit cost analysis   

    

Purpose / Summary

To review and endorse the Waste Reduction Management Strategy for public exhibition.

 

Recommendation (Item to be determined under delegated authority)

That Council:

1.    Endorse the draft Waste Reduction Management Strategy 2015/16 to 2020/21 and it be publicly exhibited for 28 days;

2.    Review the feedback and submissions from the public exhibition in a further report. [Note: Adopting this strategy does not specifically commit any funding to the initiatives within. If the budget allocation is not in line with the strategy then the strategy will be reviewed to reflect this.]

 

 

Options

1.    Adopt the recommendation.

Implications: This will provide for community input into the Strategy.

 

2.    Amend the strategy.

Implications: A further report may be required to provide an assessment of the impact of any strategy amendments.

 

3.    Not accept the recommendation.

Implications: Not recommended as Council has previously resolved to proceed with some of the strategies within the plan.

 

Background

The draft Waste Reduction Management Strategy 2015/16 to 2020/21 was initially prepared in 2016 and has now been updated following the Service Review in June 2017. The document collates current activities and relevant Council resolutions, strategies in progress and future programs.

This Strategy focuses on reducing domestic waste to landfill, increasing the recycling rate and improving resource recovery across the region. The intent is for actions to be evaluated and / or measured each year and be subsequently adjusted, omitted or intensified. In this way, the Strategy becomes a “living” document that evolves year on year and works to achieve the strategic objectives within the five year timeframe, from 2016/17 to 2020/21.

The Shoalhaven City Council provides a number of waste and recycling facilities to service the region, incorporating:

·    Centralised landfill operations at West Nowra, which is a well-engineered landfill inclusive of gas extraction and leachate management;

·    An inert landfill located at Huskisson;

·    Satellite Transfer Stations for self-haul waste and recyclables disposal inclusive of several buy back centres for resource recovery. Waste dropped off at the transfer stations is transported to the West Nowra landfill for disposal;

·    Council managed contracted weekly domestic mixed waste and fortnightly recycling kerbside collections;

·    An ‘on-request’ pick up service exists for disposal of bulky or green waste;

·    Issuance of vouchers for disposal to landfill; and

·    A number of recycling programs.

The strategies outlined in the plan further include:

Summary of Infrastructure Actions:

Item

Action

Status

Construct ‘Alternative Waste Treatment’ technology

Award of tender and construction of AWT technology to commence in 2018

Tender advertisement closed on 14 February 2018. A report on the tender assessment will be available shortly.

Undertake review of management options for the ‘Buy Back Centres’

Undertake review of management options including but not limited to social enterprise, Council operated, contractor operated for the ‘Buy Back Centres’

Council called for tenders in April 2016, but due to the high cost opted to operate “in house”

Construct ‘Transfer Station’

at the West Nowra landfill

 Construction of transfer station at the West Nowra landfill to maximise resource recovery and mitigate risks associated with public access on an operational site

 The shed and drop off area has been constructed, with only the access roads to be completed in March 2018.

Construct ‘Community Recycling Centre’ (CRC)

 Construction of 10 undercover permanent facilities for the collection of household hazardous waste, and waste from SMEs located at SCC landfills and depots.

 CRCs have been constructed at all 10 recycling and waste transfer facilities on a hub and spokes system whereby all materials collected at the 9 sites are transferred to West Nowra, prior to collection for recycling.

Develop ‘Waste Minimisation Learning Hubs’

 Develop transportable ‘Waste Minimisation Learning Hubs’ at selected SCC library facilities and expanding to selected community centres. The hubs will be open to community groups, adult education and schools.

 The Illawarra Shoalhaven Joint Organisation (ISJO) has recently purchased a mobile recycling education trailer. Council will assess the effectiveness of this to inform the planning for the “learning hubs”

Create a “Recycle Wall” at the proposed CRC

 Utilise wall space at the proposed CRC to inform and educate about recycling and resource recovery in the Shoalhaven

The information wall has been installed at West Nowra, and smaller versions are planned to be rolled out to the remaining 9 facilities

 

The key element of the strategy is the Alternative Waste Treatment technology, which is in the tender review phase. Council resolved (MIN15.213) to proceed with the tender following approval from the State Planning Department for the facility to progress.

Background to this project is provided below.

Alternative Waste Processing Technology (AWT)

There are various alternative technologies available to process mixed waste (the red bin contents) to reduce the amount of waste disposed of at the landfill.

Council invited tenders for specialist waste processing companies to process all waste materials currently available in the red lid landfill bin, including options to separate the waste at home into different bins.

The average composition of the Shoalhaven red lidded bin is:

Food

27.0%

Residual (non-recyclable glass, metal, and plastic, inert waste, electrical, hazardous and other)

22.2%

Garden

20.6%

Organic residual (nappies, textiles, timber, contaminated cardboard)

17.8%

Recycling (yellow lid bin recycling)

12.4%

 

The AWT will process this waste, converting the organic components of the waste into a compost product and recover recyclables. The tender objectives included the diversion of more than 60% of this waste from landfill, to bring Council total diversion, including the yellow bin processing, to greater than 70%. This would exceed the NSW State government target of 70%.

If ‘Energy from Waste’ markets develop in the future, the total possible diversion is estimated to be between 80% and 90%. This will allow Refuse Derived Fuel (RDF) to be processed from the waste stream, which includes plastics, paper and cardboard, wood and textiles to be used as a fuel for energy production.

The financial cost and benefits of introducing a processing facility for the red lidded bin and including commercial and other drop off waste from the transfer facilities needs to be viewed from two different aspects:

1.   Domestic waste and the annual domestic waste management charge (DWC). The DWC covers the cost of collection, processing, landfill, green and bulky pick ups, vouchers and administration. The gate fee currently charged at the landfill gate will be replaced by the gate fee charged at the AWT processing facility. It is likely to be in the same price range and therefore unlikely to impact on the cost of the service. However, the benefit will be that between 60% and 80% of the domestic waste will be recovered for beneficial use.

2.   Recycling and waste transfer and landfill facilities. The landfill will reduce its income by the amount being paid directly to the AWT, although the reduced costs of operating the landfill and the other 9 transfer facilities will not reduce proportionately. However, the benefits include an increased landfill life (which reduces the urgency to purchase land for a future landfill) and the disposal of a lower risk (inert) waste.

A benefit cost analysis has been undertaken using two possible AWT gate charges - a high and low value and associated possible landfill diversion rates for each scenario. The non-financial benefits for each scenario are based on the NSW EPA external cost of landfill spreadsheet and includes greenhouse gas emissions reduction, other gaseous emissions reduction and externalities related to commercial and industrial waste only, with a cost per tonne provided in order to complete a benefit cost analysis.

The outcome provides a financial benefit cost ratio 0.97 and economic and social benefit cost ratios of 1.04. This BC ratio is taken from the perspective of the ongoing landfill operation at West Nowra.

Further benefits that have not been costed include:

·    More inert and homogenous waste to landfill, which results in lower environmental risk

·    A net increase in local employment through job opportunities at the AWT

·    Indirect benefits to service industries such as transport, maintenance and consulting

·    Carbon being returned to the soil through the organic product

·    Diversion of waste from landfill which will result in a longer landfill life

·    Deferred need to acquire land in the long term

·    Kudos to the Shoalhaven for implementing best practice

The cost benefit analysis and associated assumptions are included at Attachments 2 & 3.

 

Community Engagement

The draft Strategy will be publicly exhibited prior to being adopting. Community feedback can be considered before finalising the document.

For the ATW, extensive community engagement took place following the Expressions of Interest in late 2013 and during the concept planning approval process in 2016.

 

Financial Implications

The draft Strategy can be funded by the Waste Reserve, including funding for capital works, except the AWT.

The successful AWT provider will recover their costs and capital development of the project over the term of the contract (draft term is 20 years). In line with the original business model for the project, Council is to provide an initial $10m capital contribution (linked to the provider’s performance milestones). This may need to be partly loan funded if insufficient balance is available in the Waste Reserve at the time it is drawn down. Based on current forecast the loan amount is estimated at $6 million. A financial analysis will be undertaken as part of the tender evaluation processes.

There will be a financially negative effect on the 10 Recycling and Waste transfer facilities through reduced revenue from the gate fee as waste is diverted to AWT. Currently, the operation of all transfer stations is financially subsidised by the gate fee received at West Nowra. Modelling shows the current subsidy to be approximately $1.5 million per year. This cross-subsidy will need to be mitigated by further reviews of operating hours or identifying other funding sources.

Grant funding opportunities will be pursued to advance the capital and education programs.

 

Waste Levy – Implication of Changes

Council has long advocated for a reduction in the State Government Waste Levy from the current ‘Metropolitan’ rate to a ‘Regional’ or no levy classification. Based on current waste management (i.e. no AWT facility), if changes to the levy occurred, the gate fee customers pay for drop off at a waste facility and the Domestic Waste Charge (DWC) would reduce.

If the AWT facility was operating, only the gate fee would reduce substantially. In the AWT model, the DWC will mostly be influenced by payments to the provider under the contract.

 

Policy Implications

Based on previous investigations and the tender process into the AWT, the highest diversion and most economical way to process the Shoalhaven’s waste is in the current red and yellow bin system, without a separate green bin.

The processing of waste is viable in large quantities and diverting content currently in the red bin (20.6% garden waste) into an additional bin will reduce the viability of processing the red bin. This will mean the food (27%), organics (17.8%) and recycling (12.4%) may end up in landfill. In addition, there will be an additional charge approximately $100-150 per rateable property to provide a green bin service.

The AWT processing is flexible to accommodate a three bin system (red, yellow and green), but the impact on costs and diversion rates will need to be assessed based on the type of processing technology implemented.

The introduction of a green bin is not part of the draft Waste Reduction Management Strategy.

 


 

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SA18.107   Shoalhaven River Pontoons

 

HPERM Ref:       D18/141315

 

Group:                Assets & Works Group  

Section:              Asset Management   

Purpose / Summary

To consider the budget shortfall for construction of the Shoalhaven River pontoon projects.

 

Recommendation

That Council proceeds with the Shoalhaven River special event pontoon project and the Greys Beach Boat launching ramp pontoon project minimising costs by using flexible anchorage. This will require approximately $178,000 (exc GST) in additional funding and that budget shortfall is to be addressed as part of the June 2018 budget quarterly review.

 

 

Options

1.   As recommended

Implications:

a) Whilst a flexible anchoring system will be designed and certified by a qualified maritime engineer, the risk remains that the anchoring system will not be as robust as a rigid piled anchoring system. The risk of failure is elevated during flood events.

b) The asset life of a flexible anchoring system is expected to be approximately 20 years, which is less than a rigid piled system (40 years); however, piles could be retrospectively fitted if funding was available.

 

2.   Proceed with the current designed higher cost engineered rigid pile system.

Implications: Not affordable within current budget and Council would need to identify an additional funding source.

 

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

       Implications: Will free up the remaining budget ($107K) on this project that could be part used to fund anchor supports for the special event pontoons on the south side of the River. Provision of an upgraded heavy-duty pontoon at Greys Beach was identified by Council in 2012 (MIN12.1058). An upgraded pontoon will allow the Shoalhaven River ferry (and other commercial users) to use this facility instead of Nowra Wharf which is more restrictive in terms of parking and pedestrian accessibility. This project has strong support from aged and disability groups.

 

Background

This report relates to two separately funded projects. These are:

1)   Greys Beach Boating Upgrade/Pontoon – part funded from the NSW Boating Now Program.

Stage One of the project has been completed that incorporated design works for the foreshore/carpark (construction not funded) and upgrading of the boat ramp manoeuvring area.

Stage Two relates to provision of a pontoon system on the upstream side of the existing Greys Beach ramp that will be suitable for use by both recreational and larger commercial boats such as the Shoalhaven River ferry.

2)   Shoalhaven River Special Event Pontoons to support the Shoalhaven River Festival and other special events.

Second hand pontoons were purchased in 2016 and were used for the river festival in 2016 and 2017 using temporary anchorage.

Detailed design and environmental approval have been completed for both projects.

Council sought targeted quotations in 2017 for installation of rigid piles to support both projects. Only one response was received that significantly exceeded budget. To minimise project costs, Council staff have since been exploring alternative low-cost design solutions for both projects including:

·    Lower cost/higher risk pontoon anchoring systems.

·    Incorporation of the special event pontoons into the Greys Beach project to minimise both pontoon and mooring requirements.

 

Community Engagement

The projects were advertised in 2017 and no negative comments were received, both projects have relevant environmental approvals in place and are ready for construction.

 

Financial Implications

$107,000 balance is remaining in the Greys Beach Project (Job 82700) from a budget of $400,000 that has been part funded with a $295,000 grant from the NSW Boating Now Program, and a Council contribution of $105,000.

There is no funding remaining in the Shoalhaven River Special Event Pontoons Project.

Budget required to complete both project (using flexible anchoring) is estimated as follows:

 

Item

Greys Beach Pontoon

Special Events Pontoons

Lower cost flexible anchor design and certification

$5,000

$5,000

Pontoon

$80,000

existing

Piles (including mobilisation)

$70,000

Not used (Note B)

Walkway/gangplank

$68,400

$18,000 (Note A)

Flexible anchoring

 

$40,000

Total

$178,000

$63,000

Budget available

$107,000

$Nil

Estimated Budget Shortfall

$116,400

$63,000

 

Discussions have been had with the CFO and although a specific saving cannot be identified at the moment the finance section is confident that this funding can be covered in the June quarterly review.

Note:

A)  Nowra Sailing Club was successful in obtaining a grant of $17,760 for the NSW Sports grants for provision of one walkway at Nowra Wharf. An additional walkway needs to be funded at the second pontoon location adjacent Nowra Rowing Club ($18,000 allowed).

B)  Rigid piling (if utilised) would incur an additional cost of $50,000, plus mobilisation / demobilisation which can be variable upon market demands.

 

Risk Implications

Minimising damage to pontoons and preventing the assets from floating downstream during major flood events is the largest risk. To mitigate the risk, it is proposed that safety lines be provided similar to what is provided on the current light duty floating pontoon facility located on the downstream side of the existing Greys Beach boat ramp.

 


 

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

 

HPERM Ref:       D18/66652

 

Group:                Assets & Works Group 

Section:              Business & Property

 

Attachments:     1.  Proposed Positive Covenant - APZ - 32 McGowen St OLD EROWAL BAY - Lot 1 DP 12958 Sec C   

  

Purpose / Summary

This report provides Council with an opportunity to consider approval for the creation of a Positive Covenant by way of a Section 88E Instrument for an Asset Protection Zone (APZ) over part of Council’s unmade road located at Park Way, Old Erowal Bay to the benefit of the adjoining owner of Lot 1 Sec C DP12958 as shown in Attachment 1.

 

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.

 

 

Options

1.    Resolve as recommended.

Implications: Creation of the positive covenant will reduce the determined construction standard required from BAL-Flame Zone to BAL-29.

 

2.    Not resolve as recommended and consider adoption of the following alternative resolution:

“That Council:

Refuse the application for 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.”

Implications: Refusing the APZ application will not stop the development from happening but rather retain the construction standard at BAL-Flame Zone. This will require Bentley and Crosthwaite to meet the additional costs of construction to a standard required to protect their development.

 

3.    Propose an alternative and provide further direction to staff.

 

Background

Council has received an application for consent (DA16/1372) to erect a dwelling on 32 McGowen Street, Old Erowal Bay (Lot 1 Sec C DP12958). The assessment of the DA has determined the Bushfire Construction level as Flame Zone. This Bushfire construction level requires the use of building materials that are highly flame resistant which carries a higher building cost compared to materials permissible if the Bushfire construction level was lower.

The Bushfire construction level Flame Zone is mainly attributed to the unmade Council road adjoining the site to the north-east. The vegetation on that adjoining land has been disturbed and presents as having a grassland influence rather than a forest.

To reduce the Bushfire construction level, the owners of 32 McGowen Street, Old Erowal Bay have made an application to Council for the creation of an Asset Protection Zone over the adjoining Council unmade road. Development Staff have advised the maintenance of a 3.0 metre strip of Council’s adjoining unmade road would reduce the Bushfire impact to BAL-29, therefore changing the types of materials used to construct the dwelling and providing significant savings on construction costs (in this case estimated to be $130,000).

The owners of 32 McGowen Street will be required to create a positive covenant over their property, Lot 1 Sec C DP12958, which is to provide for maintenance of the adjoining Council unmade road for as long as the covenant exists. If the road is eventually constructed the positive covenant can be released, varied or modified by Council only. All costs and maintenance associated with the APZ will be the responsibility of the owner of 32 McGowen Street, Old Erowal Bay.

A valuation undertaken on behalf of Council by Walsh & Monaghan Pty Ltd has assessed compensation for the positive covenant at $3,375.00 (excluding GST) for an area of 141m2.

It should be noted that a refusal to grant the APZ will not stop the development from occurring provided Bentley and Crosthwaite pay for the construction costs that affords their development protection to BAL – Flame Zone.

 

Community Engagement

This matter is considered to be a local area low impact issue as outlined in Council’s Community Engagement Policy and Handbook and therefore no community engagement has taken place.

 


 

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

 

HPERM Ref:       D18/102063

 

Group:                Assets & Works Group  

Section:              Works & Services  

Attachments:     1.  All Areas Feral Animal Control Parkcare Group

2.  Waratah Park Parkcare Group   

Purpose / Summary

To present for consideration two draft Parkcare Action Plans, being Feral Animal Control (All Areas) Parkcare Group and Waratah Park Parkcare Group, that have been prepared by Parkcare Groups and Council staff.

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.

 

 

Options

1.    Approve establishment of Feral Animal Control All Areas Parkcare Group and Waratah Park Parkcare Group and adopt the draft Action Plans.

Implications: Annual cost of $800 allocated for support of Parkcare objectives offset by the free resource offered to Council.

 

2.    Reject the establishment of Feral Animal Control All Areas Parkcare Group and Waratah Park Parkcare Group pending changes to the Action Plans.

Implications: Lost opportunity to establish additional volunteer group at Waratah Park in Bomaderry and a group of volunteers with qualifications for feral animal control in all areas of the Shoalhaven. Lose potential improvements in maintenance and community engagement with Parks.

 


 

Background

Feral Animal Control All Areas

All public land managers, including Councils, have an obligation to manage declared pests on land they own, occupy or manage. Community groups assist Council with baiting programs to control rabbits and foxes.

Establishing a Feral Animal Control (All Areas) Parkcare Group Council will provide a coordinated and consistent approach to support the community. All control operations are carried out fully in accordance with the NSW and Federal Government regulations in regard to training and qualifications, bait placement and risk management.

 

Waratah Park

Council at its meeting of 23 May 2017, resolved to enter into a licence with the owners of Waratah Park at 49 Meroo Street, Bomaderry (MIN17.409) for the ongoing public use of the land and requested that the Pride of Bomaderry Community Consultative Body form a parkcare group for the ongoing maintenance of the park.

 

Community Engagement

Participation and involvement in the groups are open to all community members.

 

Financial Implications

Each new Parkcare Group requires funding of $400 per annum to cover safety PPE, miscellaneous materials, waste disposal, purchase of minor tools, a total of $800 per annum and increases on an annual basis in line with the CPI.

 

 


 

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

 

HPERM Ref:       D18/110179

 

Group:                Assets & Works Group 

Section:              Business & Property 

Attachments:     1.  Plan of Right of Access for Bushfire Vehicles   

Purpose / Summary

Council has previously resolved to negotiate the acquisition of a right of access for bushfire vehicles over Lot 57 DP 11629, known as Lot 57 Invermay Ave, Tomerong (Jerberra Estate).

This report provides Council with an opportunity to consider the compulsory acquisition of the access under the Land Acquisition (Just Terms) Compensation Act 1991 as the negotiation process has failed to reach agreement.

The right of access for bushfire vehicles will be 6 metres wide and variable over Lots 55-62 DP11629. Refer Attachment 1 – Plan of Right of Access for Bushfire Vehicles.

 

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.

 

 

Options

1.    Proceed in accordance with the recommendation.

Implications: Council will be able to complete the project objective of securing a right of access for bushfire vehicles across all properties at Lots 55 to 62 inclusive in Invermay Avenue, Jerberra Estate.

2.    Resolve not to proceed with the acquisition of the right access.

Implications: The fire trail will not be completed and adjoining property owners will not be able to obtain development consent for the erection of a dwelling on their individual property.

3.    Propose an alternative and provide direction to staff.

 

Background

Council at its Ordinary meeting held on 19 May 2015 (MIN15.314) resolved to:

a)     Approve the acquisition of a fire trail approximately 6 metres wide and variable under the Land Acquisition Act 1991 in favour of the Rural Fire Service, over Lots 56 to 60 DP11629, Invermay Avenue, Jerberra Estate, Tomerong for nil compensation.

b)      Agree to pay the affected land owners of Lots 56 to 60 DP 11629 reasonable legal costs and any other reasonable ancillary costs associated with the acquisition from job no. 85286; and

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

Set out below, in chronological date order, is an account of Council’s attempts to obtain a mutually agreeable resolution to acquiring the Right of Access by agreement:

a.           March 2014. The owners of the subject Lots were provided with documentation explaining the new planning controls for Jerberra Estate, outlining that the properties north of Invermay Avenue cannot be developed until the perimeter fire trails had been established. At this time, the property owners were requested to complete and return a response sheet accepting Council’s offer to co-ordinate the establishment of the fire trail easement over their land.

b.           August 2016. Instructions were provided to RMB Lawyers to proceed with the acquisition of the fire trail easement at nil compensation.

c.           May 2017. RMB Lawyers advised that numerous letters had been sent to Lot 57 owner’s solicitors following up the return of the Transfer documentation, to no avail. A response was eventually received from the owner’s solicitors stating they had been unable to make contact and that all future correspondence should be forwarded directly to the owner. At this time, the owner’s contact address details were provided to RMB Lawyers.

d.           June 2017. RMB Lawyers provided an update advising no response had been received from the owner. RMB Lawyers continued to attempt to contact the owner by mail as there were no other contact details.

e.           July 2017. An adjoining neighbour contacted Council advising he had spoken with the owner of Lot 57 who advised Marriott Oliver was now representing him. This information was forwarded to RMB Lawyers.

f.            December 2017. Council sent a letter to Marriott Oliver requesting confirmation they were acting on behalf of the owner. No response was received.

Given the above, it is clear that Council’s efforts to obtain the agreement of all affected property owners have been thwarted by the absence of a response from one property owner (Lot 57) for greater than six months (the stipulated minimum negotiation time frame in the Land Acquisition (Just Terms) Compensation Act) and Council is therefore justified in seeking to progress to compulsory acquisition.

Notwithstanding, it is always Council’s first option to acquire interests in land by agreement. By doing so, it can result in a protracted time frame, which is the case in this instance. The time frame associated with this particular acquisition has been uncharacteristically long, mainly due to the owner not responding to correspondence. Moving to compulsory acquisition allows Council to complete the establishment of the right of access without the owner’s consent. Any compensation determined by the Valuer General’s Office will be placed in trust until such time contact with the owner is made.

 

Community Engagement

The matter is considered to be a local area low impact issue as outlined in Council’s Community Engagement Policy and Handbook. The affected land owners only have been consulted with in relation to the land matters.

 

Financial Implications

By undertaking the acquisition via the compulsory acquisition process, compensation will be determined in accordance with the Land Acquisition (Just Terms) Compensation Act 1991 by the Valuer General. The costs associated with the fire trail project are sourced from Job Number 85291, Jerberra Estate Fire Trails, which the Project Manager has advised contains sufficient funds to cover this acquisition.

 


 

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

 

HPERM Ref:       D18/122156

 

Group:                Assets & Works Group  

Section:              Business & Property  

Attachments:     1.  Site Plan   

Purpose / Summary

To consider classifying the land described as Lot 159 DP 11629, Rolfe Street, Tomerong, as Operational Land.

 

Recommendation

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

 

 

Options

1.   Resolve as recommended.

Implications: Classification of the land as “operational” gives Council flexibility in management of and/or dealing with the land into the future. Should any objections be received prior to the close of submissions on Friday 25 May 2018, Council will be notified at its meeting on 12 June 2018.

2.   Not resolve as recommended.

Implications: The land will default to Community Land and be subject to the Community Land provisions as outlined in the Local Government Act 1993 (LGA93).

 

Background

It is intended to accept the transfer of Lot 159 DP 11629 - Rolfe Street, Tomerong to Council in lieu of unpaid rates and charges in accordance with Council’s resolution made at its Ordinary Council meeting dated 27th February 2007 (MIN07.283) in part to:

“a)   Council accept the transfer of land in accordance with Section 570 of the LGA 1993 within the Heritage Estates COI investigation areas in lieu of unpaid rates and charges or accrued interest, if requested to do so by landowners and/or their representatives.”

The property owner has provided Council with an executed transfer and once executed by Council the transfer will be lodged at the Land Titles Office. This is expected to be in late April 2018.

Given the pending transfer, Section 31(2) of the Local Government Act, 1993 (LGA93) provides that before Council acquires land, or within 3 months after it acquires land, Council may resolve to classify it.

There are two classifications available:

1.   Operational Land – land which Council owns as a business entity and upon which it conducts Council business, and

2.   Community Land – land in Council’s ownership which is held for and on behalf of the Community subject to the Community Land provisions of the LGA93.

Land will automatically be classified community land if it is acquired or dedicated (under Section 94 of the EPA Act 1979) being “subject to a trust for public purposes”, i.e. land intended for public access or use. The advantage of community land is it will restrict the alienation and use of the land, thereby protecting the public interest.

Operational land on the other hand has no special restrictions other than those that may apply to any parcel of land. The advantage of operational land is to afford Council flexibility in its use and any future dealings.

A resolution of Council, within the time frame prescribed in the LGA93, is required to finalise the classification of land as Operational. Should the classification process not be completed, the land will default to Community Land.

Land incorrectly classified (via resolution or by default) that subsequently requires an ability to be dealt with will require a reclassification to operational land that involves the making of an LEP amendment under the EPA Act 1979. This is a timely and costly exercise with no budget having been provided.

 

Community Engagement

In accordance with Section 34 of the LGA93, a public notice of Council’s intention to classify the land as Operational was placed in the local press 25 April 2018 allowing 28 days for written submissions, closing Friday 25 May 2018. At the time of writing this report no submissions have been received and any submissions received prior to the closing time will be advised at the Committee meeting.

 

 

 


 

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SA18.112   Proposed Sale - 76 Bridge Road Nowra

 

HPERM Ref:       D18/126506

 

Group:                Assets & Works Group 

Section:              Business & Property  

Purpose / Summary

This Report provides Council with an opportunity to consider authorising the sale of the property at 76 Bridge Road Nowra, being Lot E DP 39320.

 

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.

 

 

Options

1          Adopt the recommendations.

Implications. The proposed sale will be advertised and if no objections to the sale of the property are received, it will go to auction. The proposed sale will generate additional income for Council and dispose of a property asset that does not support community needs. If objections are received, a further report to Council will be provided.

 

2          Not adopt the recommendations and provide further direction to staff.

Implications. Council will be responsible for ongoing maintenance costs and potential future demolition and remediation costs to the property which could be substantial.

 


 

Background

The property at 76 Bridge Road, Nowra was purchased by Council in December 2014 at a cost of $500,000 including compensation after the property was identified as being contaminated by material from the gasworks formerly located directly opposite on the western side of Bridge Road.

At the time of purchase, the property was occupied (residential) however, the tenant vacated in January 2015 and the property has remained vacant since that time. The property is classified as operational, has an area of approximately 775 sqm and is zoned B4 Mixed Use Business.

Prior to and following its purchase numerous studies and reports had been carried out on the property including but not limited to:

·    URS Health and Environmental Risk Assessment for land surrounding the former Nowra Gasworks Site dated November 2013

·    WSP Detailed Site Investigation dated June 2013

·    URS Remedial Action Plan dated June 2015

In summary, the above studies found:

·    “Demolition of the current building will be necessary in order to access, excavate and remove the potentially ash impacted soils lying below the building structures.”

·    Concentration of carcinogenic Polycyclic Aromatic Hydrocarbons (PAHs) located at the property have the potential to cause an unacceptable risk if the 20cm of topsoil cover is disturbed such that the fill material is exposed.

·    Carcinogenic PAHs have the potential to represent an unacceptable risk to the health of residents via direct contact at 76 Bridge Road.”

It appears URS based its assessments and comments as indicated above on the most sensitive, permissible use (childcare) under the B4 Mixed Use zoning. Based on this, remediation of the site would be required at significant cost (potentially upwards of $600k) especially if the contaminated material is to be removed and disposed of to landfill. This would make any development of the land financially unviable.

However, as the EPA’s Health Investigation Levels (HILs) (which are national health-based levels set by the EPA in the National Environmental Protection Measures for Site Contamination) fall far below the thresholds for commercial use, there may also be an option to sell as is, without the need for remediation.

At the moment an owner could develop the land for commercial purposes, e.g. a development consisting of single or multi-storey building/s where work areas are on the ground floor (constructed on a ground level slab) or above sub-surface structures (such as basement carparks or storage areas). The outdoor areas could generally be covered by hardstand, with some limited areas of landscaping with imported clean fill built up from the original ground surface to limit direct access to the existing soil by employees.

Although the zoning allows for dwellings and more sensitive uses such as childcare centre to be developed, they could only be developed with consent and there are processes (e.g. SEPP 55 – Remediation of Land and Council’s Contaminated Land Policy) that would prevent such developments until the land has been remediated to that level. Council could include advice in the Section 10.7 planning certificate in respect of the contamination and its suitability for commercial use only and/or a restriction to the use of the land through a Section 88B Instrument noted on title.

This is consistent with how Council has treated the adjoining 65/69 Graham Street property, which has the same zone and potential contamination, under the development consent for the 32 Units nearing commencement of construction.

 

Recent sales with B4 zoning in close proximity to 76 Bridge Road are shown in the table below:

 

Address

Sale Price

Date

Comments

Contamination

49 Bridge Rd Nowra

 

$710,000

March 2018

Superior Property  Professional Offices

Nil

24 Shoalhaven St

$610,000

December 2017

Superior Property Residential/ Offices

Nil

32 Shoalhaven St

$515,000

October 2016

Superior

Nil

20 Osborne St

$565,000

August 2016

 

Nil

22 Osborne St

$406, 000

June 2015

Comparable

Potential

24 Osborne St

$460,000

June 2015

Comparable

Potential

82 Bridge Rd

$380,000

April 2014

Comparable

Potential

65/69 Graham St

$1,250,000

Feb 2016

Superior Development site

Potential

59 Graham St

$490,000

June 2014

Comparable

Potential

 

The above table provides evidence that “potentially contaminated” properties in close proximity of the former Gas Works remain sellable with the resultant sales prices more reflective of the improvements located on the land rather than with any concern for contamination or associated remediation costs.

 

Current Situation

Council has recently received three separate unsolicited approaches by private individuals to purchase the site with all three parties cognisant of the history of the site and the potential for contamination and/or remediation. Given this renewed interest, and uncertainty about Council future use and occupation of the property, Council can benefit from putting the property to the market via auction and letting the market determine its future use and therefore value in light of any contamination/remediation.

Legal advice indicates Council can condition any contracts for the sale of the land so that any purchaser is cognisant of any latent defects (i.e. contamination) and therefore liability associated with any contamination is transferred with the sale.

 

Community Engagement

This matter is considered to be a Local Area Low Impact issue as detailed in Council’s Community Engagement Policy and Handbook and no community engagement has taken place.

 

Financial Implications

The full disclosure of the potential contamination of the site during the disposal process and notation of same on any planning certificates attached to sale contracts will serve to ensure that the market is aware of all relevant matters associated with this property.

Sale of the property makes it possible for Council to sell a “lazy” asset, and transfer responsibility for remediation costs to an end-purchaser in conjunction with any proposed redevelopment. The level of remediation required, and costs associated with it are dependent on the intended use of the site.

Funds generated from the sale of this property will be added to Council’s Strategic Property Acquisition reserve.


 

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

 

HPERM Ref:       D18/125929

 

Group:                Assets & Works Group 

Section:              Business & Property 

Attachments:     1.  Plan- Licence Area   

Purpose / Summary

This report provides Council with an opportunity to consider an approval to enter into a licence agreement with R & B Packer Pty Limited for the continued use and occupation of the premises at 182 Cambewarra Lookout Rd, Beaumont as a café and residence.

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.

 

 

Options

1.    Resolve as recommended.

Implications: R & B Packer Pty Limited will continue to occupy and trade from 182 Cambewarra Lookout Rd, Beaumont and operate the Lookout Café and occupy the adjoining residence.

 

2.    Not adopt the recommendation, provide further direction to staff and propose an alternative.

Implications: R & B Packer Pty Limited will be required to vacate 182 Cambewarra Lookout Rd, Beaumont resulting in them having to find alternative premises for both their business and residential home.

 

Background

The Mt Cambewarra Lookout Tearooms and attached residence are located at 182 Cambewarra Lookout Rd, Beaumont (see Attachment 1) comprising Reserve No R246 for Trigonometrical and Recreation Purposes notified in the Government Gazette 25 November 1885 (an additional Purpose of Communications Facilities was notified to facilitate the construction of the new telecommunications tower), the affairs of which are managed by the Council of the City of Shoalhaven as Reserve Trust Manager.

 

Existing Agreement

R & B Packer Pty Limited first commenced occupation of the tearooms and residence at Mt Cambewarra Lookout in January 2013 and have been in occupation of the tearooms and residence on licence agreements since that time; the Packers have proved to be good tenants over the life of the agreements.

In January 2018, staff obtained in principle approval from Crown Lands to directly negotiate a new tenure agreement with the Packers in recognition of the contribution that the tenants had made to the improvement of the overall amenity of this Crown Reserve.

Council has been in licence negotiations with the Packers since late 2017 and an agreement has now been reached as follows:

 

Rent

Council obtained a market rental valuation for the property from Walsh & Monaghan who assessed the net current market rent ($30,500pa +GST). The proposed gross rent of $33,757.00 is the net market rent plus the outgoings as detailed below:

·        Rates

·        Insurance and

·        Fire Safety requirements

 

Rent Rebate for Year One (1) only

Since 2013, the tenant has upgraded the fixtures in the commercial kitchen at a cost of approximately $12,121.63. The rent rebate proposed in year one (1) recognises this fit out cost with ownership of the fixtures transferred to Council.


 

Outgoings not included in the Gross Rent - Water & Septic Services

The site is not connected to town water or sewer; alternately, water tanks and a septic system service both the tenancy and the public toilets located on the Reserve.

It is proposed, and the tenant is agreeable to this, that the tenant make a 50% contribution to the annual costs for water and septic services; this to be recovered from then on an annual basis.

 

Term

The proposed term of 3 + 3 + 3 years is in line with commercial tenancy agreements.

 

Community Engagement

The Department of Industry - Lands has approved Council negotiating directly with R & B Packer Pty Limited so that they can remain in occupation and accordingly, there is no requirement for any public notification of this licence proposal.

 

Policy Implications

The proposed licence terms are in accordance with Council’s Occupation of Council Owned or Managed Land Policy.

 

Financial Implications

Entering into the licence agreement, as recommended, will increase Council’s revenue, which will assist Council in maintaining this asset into the future.

 


 

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

 

HPERM Ref:       D18/129736

 

Group:                Assets & Works Group 

Section:              Business & Property  

Purpose / Summary

To provide Council with an opportunity to consider approval of a new two (2), plus two (2) year lease with Amie Gibson (trading as Beloved Scents and Beloved Boho) for the shop premises known as Shop 37a/43 Kinghorne Street Nowra.

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.

 

 

Options

1.    Resolve as recommended.

Implications: The retail lease of the premises allows the proposed lessee to occupy and commence trading from the premises with Council receiving rental payments.

 

2.    Not resolve as recommended.

Implications: The shop will remain vacant.

 

3.    Provide further direction to staff and proposed an alternative.

 

Background

43 Kinghorne Street, Nowra, is one of six (6) shops (in a line under one title) owned by Council and occupied under various retail lease agreements.  The various occupants include a travel agent, dress shop, cake shop, pie shop & two vacant shops.

The subject shop was vacated by the previous tenant (European Hair Design) on the 12th February 2018. Since this time Integrity Real Estate as Council’s Managing Agent for commercial/retail property has pursued a new occupant on behalf of Council.

The proposed tenant currently produces candles and has retail sales of candles and gifts. The proposed tenant currently occupies a commercial space as a joint tenant with other small business operators and the business has grown to a point where the proposed tenant is able to seek a sole occupancy location.

It is proposed that the new lease terms include the following:

Premises

Shop 37a/43 Kinghorne Street, Nowra

Commencing Date

1 June 2018 (subject to confirmation and execution of the lease)

Term

Two (2) years

Option Period

Two (2) years

Gross Rent

$21,000.00 including outgoings per annum, plus GST

Rent Free period

4 weeks

Rent Review Mechanism

Fixed 3% annually

Outgoings

Nil – included in the gross rent above

 

Community Engagement

Not required as the land is Operational.

 

Financial Implications

Council will receive $21,000 (less outgoings) per annum plus GST, and increased 3% annually for the term of the lease.

Each party is responsible for their own legal costs.  


 

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SA18.115   Tenders - Holiday Haven Tourist Parks - Management & Operation - Ulladulla Headland Holiday Park

 

HPERM Ref:       D18/103178

 

Group:                Assets & Works Group 

Section:              Business & Property  

Purpose / Summary

To inform Council of the tender process for the management and operation of Council’s Ulladulla Headland Holiday Park to be considered in the confidential report.

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 (Item to be determined under delegated authority)

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

 

 

Options

1.    Committee accept the recommendation as presented.

Implications: Consider a separate confidential report on the matter.

 

2.    Provide further direction to staff and propose an alternative.

 

Details

Tenders for the management and operation of the Ulladulla Headland Holiday Park were advertised 3 February 2018, closing on 28 February 2018.

At the closing date, five (5) tenders had been received and were then assessed, the outcome of the evaluation is in the confidential report.

 

Tenders Received

Tenders were received from the following:

Tenderer

Location

B Buckley & D Seaton

CM & PA Easdown Pty Ltd

Julie & Patrick Harrington

Kangaroo Valley Painting & Decorating –
Jacqui & Ian Szymoniczek

P & M Harrod

Lightning Ridge

Evans Head

Moama

Kangaroo Valley


Fairy Meadow

 

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

 

Community Engagement:

The tender process for the appointment of a management contractor to Council’s Holiday Haven Tourist Park at Ulladulla has been followed within the requirements of the provisions of the Local Government Act.

 

Financial Implications:

Financial aspects of the management contracts for Council’s commercially operated Tourist Parks are a balance between sufficient funds for the contractor to provide a prudent level of staffing and equipment to effectively operate these complex properties, and the need for Council to obtain the best value for money. Holiday Haven considers the cost of operating these properties carefully in order to maintain an adequate business benefit to Council and a return to the Contractor that ensures the properties are operated and maintained for Council to the required industry standards.


 

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SA18.116   Tenders - Management & Operation of the Shoalhaven Heads Holiday Park

 

HPERM Ref:       D18/135394

 

Group:                Assets & Works Group 

Section:              Business & Property  

Purpose / Summary

To inform Council of the tender process for the management and operation of the Shoalhaven Heads Holiday Park.

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 (Item to be determined under delegated authority)

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

 

 

Options

1.    Committee accept the recommendation as presented.

Implications: Consider a separate confidential report on the matter.

 

2.    Provide further direction to staff and propose an alternative.

 

Details

Tenders for the management and operation of the Shoalhaven Heads Holiday Park were advertised 20 March 2018, closing on 11 April 2018.

At the closing date, three (3) tenders had been received and were then assessed, the outcome of the evaluation is in the confidential report.


 

 

Tenders Received

Tenders were received from the following:

Tenderer

Current Location

Davann Pty Ltd

Shoalhaven Heads

Kevin Chilver & Kylie Pickett

Shoalhaven Heads

JS & IS Management Pty Ltd

Kangaroo Valley

 

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

 

Community Engagement:

The tender process for the appointment of a contractor to manage Council’s Holiday Haven Tourist Park at Shoalhaven Heads has been followed within the provisions of the Local Government Act.

 

Financial Implications:

Financial aspects of the management contracts for Council’s commercially operated Tourist Parks is a balance between sufficient funds for the contractor to provide a prudent level of staffing and equipment to effectively operate these complex properties and the need for Council to obtain the best value for money.  Holiday Haven considers the cost of operating these properties carefully in order to maintain an adequate business benefit to Council and a return to the contractor that ensures the properties are operated and maintained for Council to the required industry standards.


 

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SA18.117   Tenders - Management & Operation of the Bendalong Point Holiday Park

 

HPERM Ref:       D18/140433

 

Group:                Assets & Works Group 

Section:              Business & Property  

Purpose / Summary

To inform Council of the tender process for Management & Operation of Council’s Bendalong Point Holiday Park to be considered in the confidential report.

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 (Item to be determined under delegated authority)

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

 

 

Options

1.    Committee accept the recommendation as presented.

Implications: Consider a separate confidential report on the matter.

 

2.    Provide further direction to staff and propose an alternative.

 

Details

Tenders for the mangement and operation of the Bendalong Point Holiday Park were advertised 20 March 2018, closing on 11 April 2018.

At the closing date, five (5) tenders had been received and were then assessed, the outcome of the evaluation is in the confidential report.

 

 

Tenders Received

Tenders were received from the following:

Tenderer

Current Location

Chris & Reut Profke

Currarong

B Buckley & D Seaton

Lightning Ridge

JS & IS Management Pty Ltd

Kangaroo Valley

Paul & Michelle Windshuttle

Ulladulla

Rod & Liz Barry

Comba Park

 

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

 

Community Engagement:

The tender process for the appointment of a contractor to manage Council’s Holiday Haven Tourist Park at Bendalong has been followed within the provisions of the Local Government Act.

 

Financial Implications:

Financial aspects of the management contracts for Council’s commercially operated Tourist Parks are a balance between sufficient funds for the contractor to provide a prudent level of staffing and equipment to effectively operate these complex properties, and the need for Council to obtain the best value for money. Holiday Haven considers the cost of operating these properties carefully in order to maintain an adequate business benefit to Council and a return to the Contractor that ensures the properties are operated and maintained for Council to the required industry standards.

 


 

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SA18.118   Potential site for the Sanctuary Point Library

 

HPERM Ref:       D18/137306

 

Group:                Assets & Works Group 

Section:              Business & Property  

Purpose / Summary

The purpose of this report is to inform Council that information about an investigation of land holdings at Sanctuary Point has been provided in a separate confidential report.

Further information is provided in a separate confidential report in accordance with Section10A(2)(c) of the Local Government Act 1993; if the information was disclosed this would confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

Recommendation

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

 

 

Options

1.    Council accept the recommendation as presented.

Implications: Consider a separate confidential report outlining the results of the investigation.

2.    Provide further direction to staff and propose an alternative.

 

Background

Council resolved at its Strategy and Assets Committee meeting on 20th February 2018 (MIN 18.104C) to investigate land holdings at Sanctuary Point which may be suitable for the future expansion of the Sanctuary Point Library.

A separate confidential report details the outcome of the investigation.

 

  


 

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SA18.119   Operations - Tomerong Quarry - Lot 4 DP 775296 Parnell Rd Tomerong

 

HPERM Ref:       D18/25617

 

Group:                Planning Environment & Development Group 

Section:              Building & Compliance Services

 

Attachments:     1.  Development Consent DA90/1912 (including amendments) (under separate cover)

2.  Normans Plant Hire Pty Limited & (2) Ors v South Coast Concrete Crushing & Recycling Pty Limited & Anor [2006] NSWLEC 390 (under separate cover)

3.  Shoalhaven City Council v South Coast Concrete Crushing & Recycling Pty Ltd [2009] NSWLEC 197 (under separate cover)

4.  Community meeting notes concerning Tomerong Quarry - 18/04/2018 (under separate cover)   

  

Purpose / Summary

To provide Council with the detailed report on the operations of Tomerong Quarry as resolved at the Strategy & Assets Committee meeting of 23 January 2018.

 

 

Recommendation (Item to be determined under delegated authority)

That Council receive the report and information.

 

 

 

Background

At the Strategy and Assets Committee meeting on 23 January 2018, Council resolved to do the following in respect of the operations at the Tomerong Quarry:

That the General Manager provide a detailed report to the Council with respect to the operations of Tomerong Quarry at Lot 4 DP775296, Parnell Rd Tomerong. The report is to include explanations, answers and assurances on the following points:

1.    Details of enforcement action and the issuing of infringements for breach of consent conditions since the commencement of Quarry operations, including reasons as to why the issue of infringements:

a.    Were determined under delegated authority and with minimal community consultation thereby attracting concerns from the Community about the transparency of the decision making;

b.    Were not applied to each individual breach; and

c.    Did not amount to the greatest possible financial penalty available.

2.    Assurance to the Community that Council has applied the same standard of scrutiny to the Tomerong Quarry as it has to similar operations such as the SCCCR Quarry at South Nowra.

3.    Assurance that the following consent conditions in relation to DA90/1912 have been adhered to:

a.    (6b) Base level quarrying is to keep pace with overburden stripping;

b.    (6c) Overburden to be used to revegetate the quarry walls; and

c.    (6d) Revegetation and rehabilitation to keep pace with quarrying activities.

4.    Details of any instances Council is aware of where significant tonnage of overburden set aside for rehabilitation has been sold off for profit by the proprietors of the Quarry and if this material has been purchased by the Council.

5.    Assurance that Quarry rehabilitation that occurs on the site:

a.    Will require a Development Application to allow for Community consultation and will consider the impact on local residents, and

b.    Will not be at the expense of Shoalhaven Ratepayers.

6.    An explanation as to why after 14 months the Council has not determined the Section 96 Amendment Application (DS16/1532) for the site.

7.    An explanation as to why the Mining Operation Plan D13MOP has still not been assessed by the Council, despite being lodged over 5 years ago.

8.    Advice as to whether the record of non-compliance of the current Quarry Operators will be taken into account by Council when it assesses any future Development Applications submitted for the site.

9.    Details of any plan known to the Council of the NSW Government transporting stockpiled excavation material from the M5 WestConnex Project from the old Marrickville Tip to the Tomerong Quarry for disposal.

 

Report

The following comments are made with respect to the questions asked:

1.    Details of enforcement action and the issuing of infringements for breach of consent conditions since the commencement of Quarry operations, including reasons as to why the issue of infringements:

a.    Were determined under delegated authority and with minimal community consultation thereby attracting concerns from the Community about the transparency of the decision making;

b.    Were not applied to each individual breach; and

c.    Did not amount to the greatest possible financial penalty available.

Prior to the 2017 compliance action on the site, there had not been any penalties issued to the Quarry operator. There are several questions relating to the development consent and this has been attached to this report to assist with interpretation of the issues raised (Refer Attachment 1). From the development consent perspective, the main issues are as follows:

·    The consent only relates to the quarrying and processing of shale (Condition 2). It does not relate to the importation of material.

·    Rehabilitation of the site (Condition 6)

·    Hours of operation (Condition 11(c) and (f))

·    Daily transportation off site not to exceed 1000 tonnes (Condition 14(h)).

Council staff have completed a search of the electronic documents located on various files and have identified complaints from the public and the Tomerong Community Forum with respect to the operations of the quarry. Council has responded to the complaints submitted and the complainants were updated once a position had been reached.

Like many Councils of the time, the compliance issues at Shoalhaven were dealt with in a conciliatory fashion. Discussions were had with the operator to change behaviour and there were instances where short term success was obtained, e.g. after Notices of Intention to serve an Order were sent. The operator generally complied with formal responses but unfortunately, the same issues were raised by the public on several occasions and this highlights that the operator fell back into old habits.

The compliance and complaint matters were reported to council on occasions e.g. June and July 2011.

Regular update reports were provided to the Tomerong Community Forum in 2011, 2012 and 2013.

There is no denying that a conciliatory approach towards compliance will work in some instances. In fact this approach is still used as the first option in compliance action today. However, the conciliatory approach is generally a very time-consuming method for dealing with compliance issues and different options need to be explored if it is unsuccessful. 

Up until 2014 when Council’s Compliance Team were formed council’s development planners were also charged with compliance responsibilities on top of their primary roles of application assessment. The compliance team first became involved in the Tomerong Quarry following a formal submission to a Section 96 application in late 2016 (DS16/1532). The Compliance Team were advised of the concerns in an email on 10/01/2017 and this commenced the investigation. The investigation took six months to complete and it involved the following:

·   a complete file search,

·   early morning surveillance of the site to verify that trucks were entering the site fully loaded; and

·   the interview of a number of residents.

Once sufficient background information and evidence was obtained, the EPA were advised of the issues and in particular the air, noise and water pollution components of the investigation. As the EPA were the appropriate regulatory authority (ARA) for this site, a joint inspection was carried out with the EPA as part of the investigation.

Following the joint inspection, Council formally requested the operator of the quarry to supply documents including weighbridge dockets and information on the materials being imported to the quarry. These directions were given under Section 119J of the Environmental Planning and Assessment Act. It is an offence not to respond to these directions.

There were legal challenges on Council’s ability to ask for this information. Council’s legal representative responded on our behalf and the documents were submitted shortly thereafter.

Council’s investigation concluded in August 2017 and it resulted in the issue of 19 penalty notices to the operator in October 2017. The penalty notices totalled $114,000 and this is quite a significant sum.

The penalty notices were issued under delegated authority and in accordance with Council’s Compliance & Enforcement Policy (POL16-233). Community engagement is not required for Council to take appropriate enforcement action.

Given the number of breaches identified, Council officers met with the General Manager, the Mayor and the Group Director to discuss possible options for this enforcement action. These options included the issue of penalty notices or criminal prosecutions in either the Land and Environment Court or the Local Court.

As there were no prior court appearances for the operator of the quarry, the extent of success in any court action was considered; including the likelihood of a caution or reduced fines for a first offence. Staff were also mindful that the quarry had operated for many years and the breaches were not adequately resolved because of the previous conciliatory approach. To act now in the Local Court or the Land and Environment Court may be excessive.

It was agreed Council needed to send a message and the possibility of a caution was not the desired outcome. The issue of penalty notices was therefore considered the most appropriate course of action in this matter.

It is important for Council to act as a model litigant and not be seen as issuing a penalty more than what a Court is likely to impose. It was therefore decided to group like offences together and advise the operator on the actual number of breaches. This approach sent a clear message that discretion had been exercised and it would be looked upon favourably by the Court in the event of an appeal.

The operator had the opportunity to appeal each of the 19 penalty notices. As Council had acted fairly, the quarry operator accepted the penalty and all have been paid in full. Council has not had to spend additional time and resources in the preparation of court documents nor was there any need to engage legal representation.

 

2.    Assurance to the Community that Council has applied the same standard of scrutiny to the Tomerong Quarry as it has to similar operations such as the SCCCR Quarry at South Nowra.

Both Tomerong Quarry and South Coast Concrete Crushing and Recycling (SCCCR) are EPA licensed premises. Both properties are regarded the same and any potential non-compliances are dealt with by the Appropriate Regulatory Authority (ARA). The EPA deal with land, air, water and noise pollution incidents and Council deal with matters relating to the development consent.

With respect to legal action taken against SCCCR, it is confirmed that in 2006 action was taken against SCCCR by Normans Plant Hire Pty Limited, Tomerong Quarry Pty Limited and South Coast resources Pty Limited (Refer Normans Plant Hire Pty Limited & 2 Ors v South Coast Concrete Crushing & Recycling Pty Limited & Anor [2006] NSWLEC 390) (Refer attachment No.2).

Council was not party to this action and it was brought before the court due to a long-standing dispute with other operators concerning the validity of the mineral lease licenses.

The SCCCR operation was subject to 2 mineral lease licenses identified as 5087 (ML1) and 6322 (ML2). The Court found that ML1 was subject to immunity under section 74 of the Mining Act 1992 and was lawful. The operation of ML2 was not subject to the immunity and was therefore unlawful. The immunity for ML1 expired on 16 December 2007.

In response to the L&E Court decision, SCCCR submitted a Part 3A application with the Department of Planning seeking approval for the operation of ML1 and ML2 as designated development. The Department of Planning granted approval for the following on 1 December 2009.

 

(a)  The staged extraction of up to 350,000 tonnes per annum of unweathered shale material using drill and blast methods;

(b)  Importation and stockpiling of up to 50,000 tonnes per annum of recycled material; and

(c)  Importation and stockpiling of up to 125,000 tonnes per annum of blending materials.

Applications were submitted to and approved by Council for the following:

·    The crushing and recycling of waste products for ML1 and ML2 (DA02/3807);

·    The use of a portable weighbridge in association with quarry activities for ML1 (DA07/1230);

·    Stockpiling and storage of materials on ML2 (DA07/1321); and

·    The provision of earthen bunds around the perimeter of ML2 (DA07/1322).

DA02/3807 was approved by Council on 12 July 2003 and the latter three applications were approved on 24 May 2007.

Shortly after 16 December 2007 Council put SCCCR on notice of its inability to continue lawful supply of road base material under its contract with Council. This resulted in an argument over existing use rights which was subsequently upheld and accepted by Council following independent legal advice.

Council received complaints about the increased output at the SCCCR quarry. In 2009, Council commenced Class 4 proceedings in the Land and Environment Court against SCCCR in relation to the operation of the quarry [2009-NSWLEC 197]. The hearing was held on 1 and 2 September 2009 before Justice Lloyd. The decision of the Court was handed down on 14 December 2009 and this is attached to the report (Refer attachment No.3).

In answer to the question put, two court actions were taken against the operators of SCCCR. Council was only party to the second action which related to the increased output activity at the quarry. In contrast, there have been no actual court cases for Tomerong Quarry even though there was previous evidence of complaints to Council about increased activity. These complaints had been dealt with by the issuing of Notices of Intention to serve an Order which modified operations for a time.

Council did have a Class 1 appeal for Tomerong Quarry based on an order it had issued to the operator with respect to the completion of the Tomerong Creek Crossing. This was settled by consent orders between the parties with both parties paying their own costs.

The most recent complaints to Council occurred in January 2017 following the submission of the Section 96 application in December 2016.

The Compliance Team have acted on these complaints and completed a full investigation. This resulted in the issue of penalty notices to the operators. The operators have also been put on notice that should the breaches continue, then further penalties will apply. Continued breaches may also result in Class 4 action in the Land and Environment Court to seek Court orders for the operator to comply with the terms of the consent.

 

3.    Assurance that the following consent conditions in relation to DA90/1912 have been adhered to:

a.    (6b) Base level quarrying is to keep pace with overburden stripping;

b.    (6c) Overburden to be used to revegetate the quarry walls; and

c.    (6d) Revegetation and rehabilitation to keep pace with quarrying activities.

These conditions were not specifically addressed in the 2017 investigation of the Tomerong Quarry by the Compliance Team.

These matters have been included in the current investigation to ascertain the level of the quarry floor and whether the quarry has reached or is near reaching practical completion. This practical completion will trigger the need for a rehabilitation plan for the site (Refer condition 6 of DA90/1912 – Attachment No.1).

Following a meeting with representatives of the EPA and Department of Health on 18/04/2018, a site inspection will take place soon. All the matters listed above will be raised as part of this inspection and investigation. A copy of the minutes relating to the meeting held at Council on 18/04/2018 has been distributed to Councillors separately and they are also attached to this report (Refer attachment No.4).

 

4.    Details of any instances Council is aware of where significant tonnage of overburden set aside for rehabilitation has been sold off for profit by the proprietors of the Quarry and if this material has been purchased by the Council.

It is possible that Council purchased materials other than road base and aggregates from the site in the past, but these details have not been specifically identified in the file search nor in discussions with current staff.

Council has certainly purchased road pavement and aggregates from the site as it has done with other quarries in the area.

Advice from Council’s Works and Services section has identified that our current construction and maintenance activities generate surplus topsoil and fill material. Council therefore meets its own needs in this area and we have no need to purchase it from other sources.

 

5.    Assurance that Quarry rehabilitation that occurs on the site:

a.    Will require a Development Application to allow for Community consultation and will consider the impact on local residents, and

b.    Will not be at the expense of Shoalhaven Ratepayers.

Conditions of Development Consent DA90/1912 require the remediation of the quarry. It is considered a separate development application will not be required. The impact on the community will be considered in Council’s assessment of the rehabilitation plan and community consultation will form part of the assessment.

The rehabilitation of the quarry is a requirement of the development consent and it is invoked once quarrying operations have ceased. If the operator or owner fail to submit a rehabilitation plan at the completion of quarrying operations, Council has the option to issue a notice and order on them to comply with the development consent. This will effectively force them to prepare and submit a rehabilitation plan. Council will then issue further orders for them to complete the works. Court action is also an option available to Council.

The aspect of rehabilitation will be raised as part of the future inspection of the site with the EPA and the Department of Health (Refer attachment No.4).

 

6.    An explanation as to why after 14 months the Council has not determined the Section 96 Amendment Application (DS16/1532) for the site.

The section 96 application was formally refused by Council at the development committee meeting held on 10/04/2018.

The determination of the section 96 modification was a lengthy process for several reasons. This includes public interest in the application and ‘threats’ of legal action from the applicant based on a deemed refusal. The applicant still has a right of appeal against Council’s decision.

 

7.    An explanation as to why the Mining Operation Plan D13MOP has still not been assessed by the Council, despite being lodged over 5 years ago.

Rehabilitation cannot go ahead without an approved plan. The plan submitted in 2012 was deficient and the applicant was advised accordingly.

 

8.    Advice as to whether the record of non-compliance of the current Quarry Operators will be taken into account by Council when it assesses any future Development Applications submitted for the site.

Council will review any relevant non-compliances in future applications however DA assessment and compliance matters are generally two separate processes.

 

9.    Details of any plan known to the Council of the NSW Government transporting stockpiled excavation material from the M5 WestConnex Project from the old Marrickville Tip to the Tomerong Quarry for disposal.

Council is not aware of any plans to use the stockpiled spoil from the M5 WestConnex project at the Tomerong Quarry.

 

  


 

 Strategy and Assets Committee – Tuesday 15 May 2018

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SA18.120   REMS Stage 1B Review of Environmental Factors - Proposed Modifications to Project Scope - Bomaderry to Nowra Transfer Main

 

HPERM Ref:       D18/80717

 

Group:                Shoalhaven Water Group 

Section:              Shoalwater Operations & Maintenance

 

Attachments:     1.  REMS 1B - Proposed Modification to Scope - Bomaderry to Nowra Transfer Main (under separate cover)   

   

Purpose / Summary

The purpose of this report is to inform Council of the Review of Environmental Factors, (REF), Proposed Modifications to Project Scope, March 2018, Transfer Main from Bomaderry To Nowra.

 

This report also informs council of the specific differences between the original REMS 1B REF endorsed by Council at the Ordinary meeting held 21 April 2015 and the Addendum REF dated March 2018.

 

 

Recommendation (Item to be determined under delegated authority)

That

1.    After consideration of the REF for the REMS Stage 1B works, Proposed Modifications to Project Scope, March 2018, Council determine that it is unlikely that there will be any significant environmental impact as a result of the proposed work and an Environmental Impact Statement is therefore not required for the proposed activity.

2.    The proposed mitigation measures and controls outlined in the REF addendum (and summarised in Sections  6.2, 7.2, 8.2, 9.2, 10.2, 11.2, 12.2, 13.2, 14.2 and 15.2 ) be adopted and implemented.

 

 

Options

1.    Adopt the recommendation.

 

2.    Council could determine not to proceed with the proposed transfer main modifications as a result of the REF recommendations.

1.        Implications: This is not recommended as the feedback from government agencies and the community would suggest that the REMS 1B project is generally supported. It would also impact Council’s ability to recycle water produced at the Bomaderry wastewater treatment plant in line with community preferences.

 

Background

Council endorsed the REF for the REMS Stage 1B at its Ordinary Meeting in April 2015 including the construction of a reclaimed water transfer main between the Bomaderry and Nowra wastewater treatment plants. Following approval of the original REF, detailed consultation was conducted with affected landowners, which resulted in proposed modifications in the alignment of the proposed REMS Stage 1B transfer main. Further the Contractors undertaking the proposed transfer main works have requested that the hours of construction be altered to reduce construction risks associated with the horizontal directional drilling (HDD) component of the transfer main construction.

Key changes proposed to the REMS 1B transfer main include:

·     Changes to the alignment of the transfer main on the northern side of the Shoalhaven River to mitigate risks identified with HDD pipeline construction within the Manildra Group lands.

·     Changes to the alignment of the transfer main on the southern side of the Shoalhaven River after consultation with the affected landowner.

·     Changes to the entry and exit points of the HDD operations.

·     Changes (increase) to working hours during critical drilling stages to minimise risks of adverse outcomes.

These proposed changes represent a substantial modification to the proposed activity and described in the original REF and, as such, an addendum environmental assessment is required under NSW planning legislation.

Council is requested to consider endorsing the proposed modifications to the transfer main works. A Review of Environmental Factors (March 2018) was prepared and issued for community and stakeholder consultation (attached).

Key impact mitigation measures proposed in the REF include:

·     Construction of noise walls adjacent to residential areas

·     Notification of neighboring residents prior to works commencing

·     Erosion, sediment and air quality control measures.

The transfer main REF concluded that the proposed modifications would address landowner concerns regarding pipeline alignment and that the modifications are unlikely to have any significant impacts on the environment.

 

Community Engagement

The REMS project has had a long history within the Shoalhaven, and was a visionary strategy developed through extensive community input.

The project has been included in Council’s DPOP for many years, and has been included in the long term financial plan since its inception 20 years ago.

At the commencement of the project extensive consultation was undertaken with Regulatory Authorities, Government Agencies, other key stakeholders and the community. A Community and Stakeholder Engagement Plan was developed in April 2014 to guide the engagement and consultation process through the environmental assessment phase of the project. The main focus for this phase was to liaise with Regulatory Authorities to gauge requirements and ensure statutory compliance moving forward.

Shoalhaven Water has engaged with key stakeholders and the general community throughout the development and construction of the REMS 1B project. A Community and Stakeholder Engagement Plan was developed and implemented in regards to the transfer main project. Key engagement activities included:

·     Direct discussions and development of works agreements with properties directly affected by construction of the proposed transfer main.

·     Door knocking and provision of project information to residents immediately adjacent to the proposed transfer main route, including the Shoalhaven Caravan Village.

·     Distribution of a project newsletter to Nowra and Bomaderry residents and businesses in the vicinity of the works sites.

·     Information about the proposed transfer main was placed on the Council and Shoalhaven Water websites.

The REF was placed on public exhibition from 8 to 23 February 2018. This included displays at the Nowra and Ulladulla Adminstration Centres.

Only one submission was received on the REF. This related to the flying fox colony in Bomaderry. This submission was addressed in the attached REF.

In accordance with the Community and Stakeholder Engagement Plan the contractor will be required to undertake further consultation as the project proceeds. This includes direct contact, door knocking and newsletters  includes engagement activities for pre-construction, construction and post-construction phases.

 

Policy Implications

The construction of the REMS 1B transfer main is an integral part of the project. Construction of the transfer main will allow reclaimed water produced by the upgraded Bomaderry wastewater treatment plant to be beneficially reused by farms and sporting grounds on the southern side of the Shoalhaven River. Construction of the transfer main will assist in achieving the community’s preference to maximise beneficial reuse of reclaimed water produced through the REMS.

 

Financial Implications

A separate confidential report has been prepared for consideration by Council in regards to the costs and technical options to proceed with the REMS 1B project transfer main.

 

Risk Implications

A construction environmental management plan will be produced by the contractor to address environmental risks including those identified in the REF.

 


 

 Strategy and Assets Committee – Tuesday 15 May 2018

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SA18.121   Request for Connection to Town Water Supply - 230A Tannery Road, Cambewarra

 

HPERM Ref:       D18/127259

 

Group:                Shoalhaven Water Group 

Section:              Water Asset Planning & Development  

Purpose / Summary

Council has received a request from the property owner of 230A Tannery Road, Cambewarra, to connect their property to the town water supply. Council recently approved the extension of the town water supply along Tannery Road to overcome a historical issue which has come to light. That historical issue related to a former raw water supply system serving those other properties.

The above property owner is seeking for their property to be connected to the town water supply system. This property was not served by the historical water supply system and therefore represents a different scenario.

 

Recommendation (Item to be determined under delegated authority)

That Council approve the connection to the town water supply, subject to the property owner:

1.    Paying the Separate System Connection fee for water supply ($6,578.00/ET (2017/18)), and

2.    Paying the 20mm metered service fee ($847.00 (2017/18)), and

3.    Carrying out a backflow assessment and where required installing an approved backflow device, and

4.    Providing an internal pressurised system to provide adequate flow and pressure to support the development upon the property at their own cost, and

5.    Placing a Restriction As To User on the property (Lot 1 DP 719118) for water supply servicing as follows:

Connection to the town water supply shall be by the installation of a private internal pressurised water supply system.

Such private internal pressurised system (or part of the system) shall be inspected and approved by Council.”

 

 

Options

1.    As recommended

Implications: This allows the property to be connected at the landowners cost. However, the property does not comply with the criterion set in Council’s Rural Water Supply Policy and it may set a precedent that may result in other applications where compliance is not achieved.

 

2.    Not approve the connection to the town water supply.

Implications: No implications to the existing status of the property or water supply system.

 

Background

No. 230A Tannery Road is located north of Cambewarra Village and is near the end of Tannery Rd. The property is split into two parcels by a Council road reserve. The main parcel of land contains the dwelling house and machinery/farm shed.

As a result of the water main extension to the town water supply the property owner has made application to connect to the new water main. The assessment below is based on providing water supply to the main parcel of land.

230A Tannery Rd, Cambewarra 


Existing/Operating 100mm uPVC watermainApproved Water Main Extension under Construction

 

Community Engagement

No community engagement has been undertaken or is required.

 

Policy Implications

Assessment under the Rural Water Supply Policy

The property in question is zoned Primary Production (RU1) and Environmental Conservation (E2). As such Shoalhaven Water has accepted the application to connect under the Rural Water Supply Policy (POL 16/96).

The property is approximately 95m from the nearest operating water main (refer to above site plan) and cannot be supplied to the current levels of service. As such the property is not levied the water availability charge.

Therefore, in accordance with the policy the application needs to comply with Section 2.1 and comply with the following criteria:

-     Where capacity exists in the existing system, and

-     Where the current levels of service can be provided, and

-     Where it can be demonstrated that the rural water supply will be of positive economic benefit (at the time of application) to the city by applying the following formula:

Benefit = (Income from usage + Availability Charge) – Operating cost

The compliance with these criteria is discussed below.

 

Capacity in the existing system

The property has a dwelling upon it including a machinery farm shed. The property is expected to use in the range of 150 – 200kL/annum. The Cambewarra water supply has adequate capacity to support an additional lot.

 

Current levels of service can be provided

Council’s current levels of service is to provide between 15 metres to 90 metres of water pressure at the water main where the metered is located.

The water main under construction will pass by No. 230A (refer to above plan). A connection at the south-west corner of the property could be made.  The minimum pressure at this location is approximately 8m (~78 kPa). This is well below the minimum level of service (minimum pressure of 15m). The maximum and minimum static pressures are as follows:

- Maximum static pressure is approximately 12.0m (118 kPa) (reservoir full), and

- Minimum static pressure is approximately 4.5m (44 kPa) (reservoir empty).

The current levels of service at the connection of the metered service cannot be achieved.

It is noted that the dwelling (floor level greater than 140m Australia Height Datum (AHD) – based on contours from Council’s GIS) is above the top water level of the serving reservoir. As such the property owner will need to install a private pressurised internal system to properly service the dwelling. This internal pressurised system would be located near the south-west corner of the property and it is owned and maintained by the property owner.

The private internal system would comprise a buffer tank sized to support the needs of the property and a pumping unit to pressurise and maintain the pressure at more suitable levels (say 30m – 45m) and pipework connecting the dwelling and other parts of the property. Water would gravitate in from the metered service into the buffer tank.

It may be prudent to consider the placement of a Restriction As To User over the property so that future property owners are aware that the property cannot be served by standard (gravity) means.

The wording of the Restriction As To User would be as follows:

Connection to the town water supply shall be by the installation of a private internal pressurised water supply system after the water meter.

Such private internal pressurised system (or part thereof) shall be inspected and approved by Council.”

Where it can be demonstrated that the rural water supply will be of positive economic benefit (at the time of application) to the city by applying the following formula:

Benefit = (Income from usage + Availability Charge) – Operating cost

As there is no water main extension involved, there is no operating cost and as such the property demonstrates positive economic benefit to the city by the income Council will receive.

Usage – 200kL/annum (design allowance)

Usage Charge - $1.70/kL (2017/18)

Water Availability Charge - $82.00 (for a 20mm metered service for 2017/18)

Operating Cost for water mains - $1.56/m

Benefit = [(200kL x $1.70/kL) + $82.00] – ($1.56/m x 0m)

Benefit = $340.00 + $82.00 - $0.00

Benefit = +$423.00

 

Financial Implications

There is no financial implication to Council in relation to this application.

 

Risk Implications

As the application does not achieve compliance with all three criteria there is a possibilty that Council may receive other applications from rural properties to connect to the water supply system which do not comply with the policy which may erode the intent of the policy over time.

 


 

 Strategy and Assets Committee – Tuesday 15 May 2018

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

 

HPERM Ref:       D18/146579

 

Group:                Shoalhaven Water Group 

Section:              Water Asset Planning & Development  

Purpose / Summary

To inform Council of the Milestone 6 (WP2.1) Offer received by the REMS 1B Works Contractor under the existing REMS 1B Works Contract in relation to the Reclaimed Water Management Scheme (REMS 1B) Works Project.

 

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.

 

 

Options

1.    Council accept the recommendation to consider the report confidentially (recommended as it contains confidential contract implications).

Implications: This provides Council an opportunity to fully consider the commercial implications of the contract offer.

 

2.    Council not accept the recommendation and provide an alternative proposal.

Implications: Not recommended as Council will not be able to consider the offer within the contract framework.

 

Background

REMS 1B is a complex engineering project with multiple objectives including:

·    Upgrade of Bomaderry and Nowra sewage treatment plants to meet EPA licence requirements

·    Improve environmental water quality in the Shoalhaven River

·    Beneficially reuse the effluent produced from these plants

·    Allow capacity for urban growth in the Nowra/Bomaderry area

The project has been divided into different work packages (WP) as follows:

·    WP1.1 - Upgrades to Bomaderry WwTP

·    WP1.2 - Upgrades to Nowra WwTP

·    WP2.1 - New pipeline to transfer reclaimed water from Bomaderry WwTP to Nowra WwTP for connection into WP2.2 pipeline.

·    WP2.2 - New pipeline to transfer reclaimed water from Nowra WwTP to the existing REMS transfer and distribution system, including associated pump station

·    WP3.1 - Retrofit UV systems to existing REMS 1A plants at Culburra, Callala and Vincentia WwTP

WP 2.1 is the subject of this report as it is being procured in a different contractual manner to the other work packages (i.e. it was included in the original tender with a combined design and construct procurement package). The design and pricing proposal has been received and evaluated.

A separate confidential report provides Councillors with a consideration of the proposal received.

     


 

 Strategy and Assets Committee – Tuesday 15 May 2018

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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.