Extra Ordinary Meeting

 

 

Meeting Date:     Thursday, 28 June, 2018

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

Time:                   4.00pm

 

Membership (Quorum - 7)

All Councillors

 

 

 

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

 

 

Agenda

 

1.    Apologies / Leave of Absence

2.    Declarations of Interest

3.    Committee Reports

CL18.162..... Report of the Strategy & Assets Committee - 12 June 2018......................... 1

SA18.134.... Local Government Remuneration Tribunal - Determination - Councillor and Mayoral Fees - 2018/2019

SA18.140.... Australian Government Blackspot Program 2018-19 - Approved Projects

SA18.142.... Far North Collector Road – Grant Funding Approved by the Australian Government

SA18.143.... Outdoor Dining on Public Footpaths - Review of Fee Waiver

SA18.144.... Anzac Day Traffic Control – Costs

SA18.145.... Footpaths – three year works program 2018/19 – 2020/21

SA18.146.... Land Dedication as Public Road - Adjoining Naval College Road, Vincentia

SA18.147.... Australian Government Blackspot Program 2017-18 – Variations Approved

SA18.148.... Proposed Lease - Kangaroo Valley Tennis Club Incorporated - Part Lot 1 DP775132 Moss Vale Road, Kangaroo Valley

SA18.149.... Opportunity to join Federal Court Proceedings - South Coast People Native Title Claim

 

CL18.136..... Report of the Inclusion & Access Advisory Group - 4 June 2018.................. 5

IA18.6.......... Community Infrastructure Grant Applications - Inclusivity and DIAP Compliance

CL18.137..... Report of the Shoalhaven Traffic Committee - 12 June 2018....................... 6

TC18.61...... Parking  Restrictions- Motorcycle parking - Owen Street - Huskisson (PN 3495)

TC18.62...... Parking Restrictions – Bus Parking - Bowen Street - Huskisson (PN 3493)

TC18.63...... Parking Restrictions - Car Parks - Owen Street – Huskisson (PN 3494)

TC18.64...... Bridge Load Limit – Lamonds Farm Bridge. Lamonds Drain, Lamonds Farm Entrance, Terara (PN 3489)

TC18.65...... Bridge Load Limit – Tumblebar Bridge, Brooman Road, Brooman (PN 3491)

TC18.66...... Bridge Load Limit - School Creek Bridge - Bugong Road – Budgong (PN 3497)

TC18.67...... Line Marking - Sydney Street – Huskisson (PN 3492)

TC18.68...... Line Marking - Parson Street, Ulladulla (PN 3490)

TC18.69...... Line Marking - Intersection Tahnee Street and Nadine Street, Sanctuary Point (PN 3502)

TC18.70...... Intersection Upgrade – CHR (S) / BAL– Veron Estate - Sussex Inlet Road and Mokau Road, Sussex Inlet (PN 3501)

TC18.71...... Additional item - Parking Restrictions – Time restricted 2 hour (2P) - Shoalhaven District Memorial Hospital - Scenic Drive, Nowra (PN 2540)

4.    Reports

CL18.143..... LGNSW Water Management Conference 2018............................................ 9

CL18.144..... Requests for Donations - Milton Ulladulla Men's Shed and Currarong Community Association................................................................................................... 11

CL18.145..... Revised Public Access to Council Information Policy.................................. 25

CL18.146..... Nomination of Voting Delegates - Election - Office of Vice President (Rural/Regional Councils) - Board of the Local Government and Shires Association of New South Wales............................................................................................................ 27

CL18.147..... Introduction of Webcasting - Proposed amendments to the Code of Meeting Practice...................................................................................................................... 33

CL18.148..... Investment Report - May 2018..................................................................... 36

CL18.158..... NSW Local Government Aboriginal Network Conference 2018.................. 40

CL18.150..... Cattle Loading Ramp Works - 120 Millbank Road Terrara for KW Turner.. 42

CL18.152..... Report On Flinders Rd South Nowra - Route Upgrade & Roundabout Construction...................................................................................................................... 45

CL18.159..... Objection - Lease to Salt Ministries - 134 Kinghorne Street, Nowra........... 51

CL18.154..... Review of the Bushcare/Parkcare Policy..................................................... 56

CL18.160..... Addendum Report - Integrated Strategic Plan - Low Cost Loan Initiative - Provision of Local Infrastructure to Accelerate New Housing Supply............................. 59

CL18.156..... OzWater 18 Conference............................................................................... 62

CL18.157..... Waste 2018 Conference............................................................................... 71                    

 

 


 

 Extra Ordinary Meeting – Thursday 28 June 2018

Page 1

 

 

CL18.162   Report of the Strategy & Assets Committee - 12 June 2018

 

HPERM Ref:       D18/216173

 

These items have been deferred from Ordinary Meeting 26 June 2018.

 

SA18.134   Local Government Remuneration Tribunal - Determination - Councillor and Mayoral Fees - 2018/2019

HPERM Ref: D18/169815

Recommendation

That Council

1.    Notes the Local Government Remuneration Tribunal’s Annual Report and Determination dated 17 April 2018

2.    Agrees to adjust the Councillor Fee to $19,790 and the Additional Mayoral Fee to $43,170 for the 2018/19 financial year.

 

 

SA18.140   Australian Government Blackspot Program 2018-19 - Approved Projects

HPERM Ref: D18/135606

Recommendation

That

1.    Council accepts the grant funding offers under the Australian Government Blackspot Program as follows:

a.    $60,000 for the profile line marking (edge and centre lines) on Braidwood Road (between Albatross Road, Nowra Hill and Wugun Street, Yerriyong), and authorises the expenditure on job number 85041;

b.    $260,000 for traffic/pedestrian signals at the intersection of North Street and Kinghorne Street, Nowra, and authorises the expenditure on job number 85163; and

c.    $120,000 for a median island stop treatment, pedestrian refuge, and upgraded street lighting on Yurunga Drive (at the intersection of Illaroo Road), and authorises the expenditure on job number 86678.

2.    Council vote these funds to the 2018/19 budget.

3.    The General Manager (Director Assets & Works) writes to the NSW Roads & Maritime Services, and the Federal Member for Gilmore, thanking them for their ongoing support of the Shoalhaven Community through the Australian Government Blackspot Program and for the support of RMS staff in reviewing and supporting Council’s nominations for these important local road safety improvements.

 

 


 

 

SA18.142   Far North Collector Road – Grant Funding Approved by the Australian Government

HPERM Ref: D18/135648

Recommendation

That

1.    Council accepts the $13,800,000 grant funding offer from the Australian Government for the Far North Collector Road project, and authorises the expenditure on job numbers #85979 (land acquisitions) and #85080 (design and construction) in accordance with the approved funding profile (provided below in the report)

2.    The General Manager (Director Assets & Works) writes to the Honourable Michael McCormack MP, Deputy Prime Minister and Minister for Infrastructure and Transport, and Member for Gilmore, Ann Sudmalis, thanking them for his support of the Shoalhaven Community through the Australian Government’s Infrastructure Investment Program.

3.    A further report be provided to Council on whether the timetable can be brought forward.

4.    Council ask Ann Sudmalis, Member for Gilmore, to attend a Councillor Briefing to explain the grant funding for the Far North Collector Road project.

5.    The General Manager (Assets & Works) consider expediting this project.

 

 

SA18.143   Outdoor Dining on Public Footpaths - Review of Fee Waiver

HPERM Ref: D18/142091

Recommendation

That Council

1.    Continue to not charge annual fees for Outdoor Dining on public footpaths until 1 July 2019 and that a fee of $0 be adopted as Council Fee for the 2018/2019 financial year with the fee being set each year after that as part of Council annual review of fees and charges process.

2.    Continue to not charge the annual fee for the remainder of this Council term.

 

 

SA18.144   Anzac Day Traffic Control – Costs

HPERM Ref: D18/143977

Recommendation

That

1.    Council receives the report (on Anzac Day traffic control costs) for information

2.    Council continues to provide support to the local RSL sub-branches in the planning and implementation of local Anzac Day ceremonies in the Shoalhaven

3.    Council initially establishes a 2018-19 budget of $15,000 to support local Anzac Day ceremonies (currently estimated to be 50% of the likely total budget required)

4.    The General Manager (Director Assets & Works) writes to local members of parliament seeking “at least” 50% grant funding assistance ($15,000) to reduce the ongoing cost burden on Council in support of local ANZAC Day ceremonies.

 

 


 

 

SA18.145   Footpaths – three year works program 2018/19 – 2020/21

HPERM Ref: D18/152918

Recommendation

That Council adopt the following priority list for footpath works to address missing links from the PAMP strategy as follows (noting that funding for works on this list is subject to budget deliberations):

 

2018-19   $164,000

·    Osborne Street, Nowra $90,000

·    Corner of Bridge Road and North Street, Nowra $15,000

·    Village Drive, Ulladulla $15,000

·    Berry Street, Nowra $44,000

 

2019-20   $167,300

·    South Street, Ulladulla $60,000

·    Cyrus Street, Hyams Beach $107,300

 

2020-21   $170,600

·    Bunberra Street, Bomaderry $35,000

·    Cambewarra Road, Bomaderry $15,000

·    Bolong Road, Bomaderry $30,000

·    Hyam Street, Nowra $90,600

 

The above list is separate to both the community paths program and the shared user path strategy. The shared user path strategy was adopted by Council in 2017 (and has separate Council matching funds to successfully attract grant funding). The community paths program is currently being determined for 2018-19, and among other projects will include the Kalinga Street Cambewarra footpath.

 

 

SA18.146   Land Dedication as Public Road - Adjoining Naval College Road, Vincentia

HPERM Ref: D18/159319

Recommendation

That Council

1.    Dedicate Lot 6001 DP 1195858 and Lot 74 DP 874040 as public road (to form part of the Naval College Road Reserve at Vincentia) in accordance with the provisions of Section 10 of the Roads Act 1993; and

2.    Affix the Common Seal of the Council of the City of Shoalhaven to any documents required to be sealed otherwise the General Manager be authorised to sign any documentation necessary to give effect to the resolution.

 

 


 

 

SA18.147   Australian Government Blackspot Program 2017-18 – Variations Approved

HPERM Ref: D18/154551

Recommendation

That Council:

1.    Accepts the grant funding variations approved under the Australian Government Blackspot Program as follows:

a.    an additional $64,000 for the Flinders Road South Nowra (full length widening) project, originally $440,000, making total revised budget for this blackspot component of the Flinders Road project $504,000 and authorises the expenditure on job number 86618

b.    an additional $162,000 for the Flinders Road South Nowra (Roundabouts at Albatross Road and adjacent service road) project, originally $360,000, making total revised budget for this blackspot component of the Flinders Road project $522,000 and authorises the expenditure on job number 86618

c.    an additional $50,000 for the Paradise Beach Road/ Kingsford Smith Crescent (Sanctuary Point) roundabout project, originally $190,000, making total revised budget $240,000 and authorises the expenditure on job number 86669

d.    an additional $100,000 for the Wheelbarrow Road, Woodburn road sealing project (CH2.0 to 3.2km east of Woodburn Road), originally $210,000, making total revised budget $310,000 and authorises the expenditure on job number 86671

e.    an additional $100,000 for The Wool Road (Worrowing Heights) road widening project (from 140m to 780m west of Naval College Road), originally $295,000, making total revised budget $395,000 and authorises the expenditure on job number 85829

2.    Accepts the grant funding variations approved under the NSW Safer Roads Program as follows:

a.    $45,000 for the Currarong Road road widening project (from chainage 7.7 to 11.5) east of Coonemia Road, originally submitted as an Australian Government Blackspot Project, to recoup Council’s costs for survey and design to date, originally $1,000,000 in 2017-18 and $450,000 in 2018-19 for construction, and authorises the expenditure on job number 86642

3.    Acknowledge the hard work of staff in obtaining this funding.

 

 

SA18.148   Proposed Lease - Kangaroo Valley Tennis Club Incorporated - Part Lot 1 DP775132 Moss Vale Road, Kangaroo Valley

HPERM Ref: D18/170800

Recommendation

That Council:

1.    Resolve to enter into a lease agreement with Kangaroo Valley Tennis Club Inc. for the use and occupation of the Kangaroo Valley Tennis Courts located on Part Lot 1 DP775132 corner of Moss Vale Road and Broughton Street, Kangaroo Valley for a term of five (5) years at an annual rental of $7,210.67 plus GST;

2.    Rent received to be paid to a Restricted Asset Account established for this facility and to be used for capital improvements and major maintenance; 

 

3.    Authorise the General Manager to finalise the lease terms that may not yet be determined; 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 this resolution.

 

 

SA18.149   Opportunity to join Federal Court Proceedings - South Coast People Native Title Claim

HPERM Ref: D18/173662

Recommendation

That Council resolves to:

1.    Make application to become a party to Federal Court Application No NSD1331/2017 for a determination of native title lodged by the South Coast People; and

2.    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 be authorised to sign any documentation necessary to give effect to the resolution.

 

 


 

 Extra Ordinary Meeting – Thursday 28 June 2018

Page 6

 

 

CL18.136   Report of the Inclusion & Access Advisory Group - 4 June 2018

 

HPERM Ref:       D18/195582

 

This items has been deferred from Ordinary Meeting 26 June 2018.

 

IA18.6        Community Infrastructure Grant Applications - Inclusivity and DIAP Compliance

HPERM Ref: D18/169616

Recommendation

That Council consults the Inclusion and Access Advisory Group or a member of the Group in a meaningful and inclusive manner to:

1.    Assist with and vet community infrastructure grant applications to ensure they are inclusive and representative of community need.

2.    Assist with the planning and design of Council-built community infrastructure to ensure they are inclusive and representative of community need.

 

Note by the General Manager:

Every endeavour can be made to comply with this level of consultation however there may be odd occassions where timelimits in respect to grant applications may be a challenge.

 

 

 


 

 Extra Ordinary Meeting – Thursday 28 June 2018

Page 9

 

 

CL18.137   Report of the Shoalhaven Traffic Committee - 12 June 2018

 

HPERM Ref:       D18/198925

Attachments:     1.  TRAF2018/36 (under separate cover)

2.  TRAF2018/37 (under separate cover)

3.  TRAF2018/38 (under separate cover)

4.  TRAF2018/41 (under separate cover)

5.  TRAF2018/42 (under separate cover)

6.  TRAF2018/43 (under separate cover)

7.  TRAF2018/44 (under separate cover)

8.  TRAF2018/46 (under separate cover)

9.  TRAF2018/45 (under separate cover)

10.   TRAF2018/47 (under separate cover)

11.   TRAF2018/40 (under separate cover)  

 

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

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

IMPORTANT NOTE:

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

1.   Adopt the Traffic Committee recommendation;

2.   Not Adopt the Traffic Committee recommendation; or

3.   Request the Traffic Committee reconsider the issue.

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

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

 

These items have been deferred from Ordinary Meeting 26 June 2018.

 

 

TC18.61     Parking  Restrictions- Motorcycle parking - Owen Street - Huskisson (PN 3495)

HPERM Ref: D18/191730

Recommendation

That the General Manager (Director Assets & Works) be requested to arrange for the installation of six (6) motorcycle  parking spaces, time restricted to 2 hour (2P) between 8:30 am to 6:30 pm on Owen Street, Huskisson as detailed in the attached plan TRAF2018/36.

 

 


 

 

TC18.62     Parking Restrictions – Bus Parking - Bowen Street - Huskisson (PN 3493)

HPERM Ref: D18/191764

Recommendation

That the General Manager (Director Assets & Works) be requested to arrange for the installation of a 50m (approx.) No Parking zone buses excepted, on the northern side of Bowen Street between Currambene Street and the Huskisson Anglican Church driveway access, and the associated bus parking guide signage in Huskisson, as detailed in the attached plan TRAF2018/37.

 

 

TC18.63     Parking Restrictions - Car Parks - Owen Street – Huskisson (PN 3494)

HPERM Ref: D18/191774

Recommendation

That the General Manager (Director Assets & Works) be requested to arrange for the installation  of a 10m (approx.) no parking zone on the southern side of the Council managed car park adjacent to the Huskisson Hotel, Huskisson, as detailed in the attached plan TRAF2018/38.

 

 

TC18.64     Bridge Load Limit – Lamonds Farm Bridge. Lamonds Drain, Lamonds Farm Entrance, Terara (PN 3489)

HPERM Ref: D18/191842

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the installation of a 12 tonne gross bridge load limit on the Lamonds Farm Entrance Road, Lamonds Drain, Terara as detailed in the attached plan TRAF 2018/41.

 

 

TC18.65     Bridge Load Limit – Tumblebar Bridge, Brooman Road, Brooman (PN 3491)

HPERM Ref: D18/191850

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the installation of a 2 tonne gross bridge load limit on the Tumblebar Creek Bridge, Brooman Road, Brooman as detailed in the attached plan TRAF 2018/42.

 

 

TC18.66     Bridge Load Limit - School Creek Bridge - Bugong Road – Budgong (PN 3497)

HPERM Ref: D18/191869

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the installation of a 15 tonne gross bridge load limit on the School Creek Bridge, Bugong Road, Budgong as detailed in the attached plan TRAF 2018/43.

 

 

TC18.67     Line Marking - Sydney Street – Huskisson (PN 3492)

HPERM Ref: D18/191880

Recommendation

That the General Manager (Director Assets & Works) be requested to arrange for the installation of white edge (E1) line marking to delineate the parking lane from the travel lane, and yellow edge (C3) line marking to reinforce existing no stopping zones along Sydney Street, between the intersections of Watt Street and Admiralty Crescent, Huskisson as detailed in the attached plan TRAF2018/44.

 

 

TC18.68     Line Marking - Parson Street, Ulladulla (PN 3490)

HPERM Ref: D18/191894

Recommendation

That the General Manager (Director Assets & Works) be requested to arrange for the installation of double barrier (BB) centre line marking and edge (E1) line marking for the length of Parson Street, between the Princes Highway and St Vincent Street, Ulladulla, as detailed in the attached plan.

 

 

TC18.69     Line Marking - Intersection Tahnee Street and Nadine Street, Sanctuary Point (PN 3502)

HPERM Ref: D18/191911

Recommendation

That the General Manager (Director Assets & Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed 30m (approx.) of double barrier (BB) centre line marking and Give-way controls at the intersection of Tahnee Street and Nadine Street, Sanctuary Point, detailed in the attached plan TRAF2018/45.

 

 

TC18.70     Intersection Upgrade – CHR (S) / BAL– Veron Estate - Sussex Inlet Road and Mokau Road, Sussex Inlet (PN 3501)

HPERM Ref: D18/191919

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed CHR(S)/BAL treatment and associated signage and line marking improvements at the intersection of Sussex Inlet Road and Mokau Road, Sussex Inlet as part of the Verons Estate road works as detailed in the attached plan TRAF 2018/47.

 

 

TC18.71     Additional item - Parking Restrictions – Time restricted 2 hour (2P) - Shoalhaven District Memorial Hospital - Scenic Drive, Nowra (PN 2540)

Recommendation

That the General Manager (Director Assets & Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed regulatory signage and line marking proposed to be installed as part of the parking management during construction of the off-street car park associated with the Shoalhaven District Memorial Hospital, Scenic Drive, Nowra as detailed in the attached plan TRAF2018/40.

 

  


 

 Extra Ordinary Meeting – Thursday 28 June 2018

Page 11

 

 

CL18.143   LGNSW Water Management Conference 2018

 

HPERM Ref:       D18/146142

 

Group:                Finance Corporate & Community Services Group 

Section:              Human Resources, Governance & Customer Service  

 

This item has been deferred from the Ordinary Meeting 26 June 2018.

Purpose / Summary

To consider Councillor attendance at the LGNSW Water Management Conference scheduled for 3-5 September 2108 in Armidale, NSW.

 

Recommendation

That Council

1.    Notes the details of the LGNSW Water Management Conference scheduled for 3-5 September 2018 in Armidale.

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

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

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

 

 

Options

1.    As per the recommendation.

 

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

 

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

 

Background

The LGNSW Water Management Conference is considered relevant to local government. The program for this conference has not been released at this time. Further information relating to the conference can be found on the Local Government NSW website https://www.lgnsw.org.au/events-training/lgnsw-water-management-conference

Costs associated with the conference are estimated as follows:

·     registration: $547.80 (by Friday 13 July 2018)

                     $647.80 (after Friday 13 July 2018)

                     $286.00 – Single day

·     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. 

The Conference commences at 3.00pm Monday 3 September 2018 and concludes at 3.45pm Wednesday 5 September 2018 and following Council Business is scheduled within the period of the conference:

·     Inclusion & Access Advisory Group – Monday 3 September 2018.

·     Nowra CBD Revitalisation Strategy Committee – Wednesday 5 September 2018.

 

Policy Implications

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

 

Financial Implications:

Funds are available for Councillors to attend this conference.


 

 Extra Ordinary Meeting – Thursday 28 June 2018

Page 15

 

 

CL18.144   Requests for Donations - Milton Ulladulla Men's Shed and Currarong Community Association

 

HPERM Ref:       D18/155384

 

Group:                Finance Corporate & Community Services Group 

Section:              Governance

 

This item has been deferred from the Ordinary Meeting 26 June 2018.

Purpose / Summary

To consider requests for financial assistance from:

1.   The Milton Ulladulla Men’s Shed, to effectively reduce their required annual rental amount payment from $472 to $1 per annum, and:

2.   The Currarong Community Association for $5,000, to stage fireworks displays on New Year’s Eve 2018.

 

Recommendation

That Council:

1.    Declines the request from the Milton Ulladulla Men’s Shed for a donation of $471 as a deduction to reduce their rent payment commitments to $1 per annum, as such a deduction is not in accordance with the Council Owned and Managed Land Policy (POL16/150).

2.    Make a donation of $5,000 from the 2017/2018 unallocated donations budget to the Currarong Community Association, towards a New Year’s Eve fireworks display for 31 December 2018.

 

 

Options

1.    As recommended.

Implications:

Men’s Shed: This would result the Milton Ulladulla Men’s Shed being liable for the full rental figure of $472 per annum, which the group has previously indicated is within its financial capacity to pay.

Currarong: The total amount of Unallocated Donations being spent on New Year’s Eve fireworks would increase to $41,000 for the 2017/2018 financial year and may set a precedent/expectation for future years.

2.    Provide an annual donation of $471 to Milton Ulladulla Men’s Shed for the purpose of paying their annual rental to Council for the term of the licence and decline the request for a donation of up to $5,000 for Currarong Community Association towards a New Year’s Eve fireworks display.

Implications:

Men’s Shed: The variation in funds donation would be required to be paid from the Unallocated Donations fund. Council should be aware that this would set a precedent for similar requests from the other five men’s sheds who have not sought further concession to what is already provided.

Currarong: The Currarong Community Association will be required to conduct alternative fundraising activities, to cover the full costs of the fireworks. 

 

Background

Milton Ulladulla Men’s Shed

At the Ordinary Meeting of the Council held on 26 September 2017, Council considered report CL17.213 ‘Request for Donation - Reduction of Annual Rent - Milton Ulladulla Men’s Shed’ and resolved (MIN17.871) as follows:

“That the matter of - Request for Donation - Reduction of Annual Rent - Milton Ulladulla Men's Shed, be deferred to a briefing of all Councillors with respect to donations”

 

Given the resolution of the Strategy and Assets Committee under Delegation on 12 June 2018 to continue the policy review in the next financial year, the matter is again brought to the Council for determination.

The September 2017 report to the Council (provided as Attachment 1 to this report) outlined the following:

·    On 10 July 2017, Council provided a draft licence (rental agreement) to the Milton Ulladulla Men’s Shed for the use of the building at “Part 188 Camden Street, Ulladulla”.  The licence document has not yet been executed and returned.

·    The licence period is for 5 years from 17 July 2017 to 16 July 2022 and the licence fee is set at $472 plus GST per annum, payable yearly in advance which equates to $9.07 per week.

·    Council has since received a request from Mr Tim Jamison, President of the Milton Ulladulla Men’s Shed to “make a donation of all but the annual rental fee of one dollar”.

·    Mr Jamison states in his request that a precedent has been set where other Men’s Sheds have had the amount of rental payable by the occupant reduced to one dollar following receipt of an annual donation.  He also notes that the Milton Ulladulla Men’s Shed is a not for profit organisation with limited financial resources and a reduction in the rental amount would constitute financial relief.

·    In accordance with Section 3.7 of the Policy, prior to the lease being granted, the Ulladulla Men’s Shed demonstrated their capacity to meet their commitments under the agreement.

·    Previous approvals for donations for this purpose via Council’s Donations Budget have been moved off the floor at Council meetings.

There are eight (8) men’s sheds that lease premises from Council.

All of Council’s community tenants pay rent in accordance with the Policy, except the following:

·    Clifton Park Community Garden – Recommendation Alteration (MIN14.273);

·    Culburra Men’s Shed (Culburra Progress Association) – Notice of Motion (MIN15.31);

·    Greenwell Point Men’s Shed – Notice of Motion (MIN16.1007).

The above three (3) community groups receive an annual donation to cover the rent payable under their current licence agreements.


 

Currarong Community Association – New Year’s Eve Fireworks

Council received correspondence from Currarong Community Association on 15 March 2018 (refer Attachment 2).

The Group has been fundraising for Fireworks on New Year’s Eve at Currarong for the past two (2) years.

In 2017 the village raised $10,000 for fireworks displays at 9pm (10 minutes) and Midnight (2 minutes).  The event was reportedly well-received by the estimated 7,000 to 8,000 residents and visitors.

The application seeks funding of $5,000 being 50% of the estimated costs for the event and notes the difficulty for Currarong residents and visitors to attend fireworks at other locations due to the relative isolation.

Currarong Community Association receives a donation of $500 annually for their work in the capacity of a Community Consultative Body of the Council.

At the Council Meeting held on 21 September 2010, Council resolved (MIN10.1128) to contribute $30,000 in total towards New Year’s Eve Events.  These funds were distributed between events held at Berry, Huskisson, Nowra and Ulladulla who received $7,500 each.

In 2017 this was varied slightly and an additional $1,000 being provided to Ulladulla Business Chamber for their event, and Council resolved 19 December 2017 (MIN17.1073) to donate $5,000 for fireworks at Shoalhaven Heads.

The following donations totaling $36,000 were provided for 2017 and will continue for 2018 from Council New Year’s Eve Celebrations/ fireworks:

·    Rotary Club of Berry (MIN10.1128)                                                   $7,500;

·    Huskisson Chamber of Commerce (MIN10.1128)                            $7,500;

·    Shoalhaven Turf Club (MIN10.1128)                                                 $7,500;

·    Milton Ulladulla Business Chamber (MIN10.1128)                            $8,500; and

·    Shoalhaven Heads Chamber of Commerce (MIN17.1073)              $5,000.

With the addition of the Currarong Community Association Fireworks at $5,000 the total amount of donations towards 2018 New Years Eve Events will be $41,000.

In proposing the new donations policy of the Council, consideration will be given to how Council will determine the allocation and proportion of the donations budget for these events and criteria of events to be funded. 

 

Policy Implications

Council’s Donations Policy is currently being reviewed. It is anticipated that any changes to the policy will be implemented from the 2019/2020 financial year. At the Meeting of the Strategy and Assets Meeting held on 12 June 2018 it was resolved:

That Council:

1.    Receive the report on the Update - Council Donations Policy Review for information.

2.    Continue with the current donations program for the 2018/2019 financial year.

3.    Receive a report providing a new Draft Donations Policy in the second half of 2018, with features as outlined in the report for 2019/2020 onwards.”

Therefore, any donations from the Council arising from this report would be best limited to the 2018/2019 Financial Year only, so to clearly indicate to recipients that the model of funding may change.

 

Milton Ulladulla Men’s Shed

Council’s policy, Occupation of Council Owned and Managed Land (POL16/150), first adopted in 2009, changed the way in which Shoalhaven City Council’s properties were managed.  This was borne by a need outlined in Council’s Community Strategic Plan to enhance the Shoalhaven’s community, economy and environment through good governance, public involvement and innovative use of our resources.

The policy helps Council to achieve best value service delivery and efficiency.  The previous “peppercorn” rental arrangements were abolished, and this has been implemented by most Councils within NSW.

 

Financial Implications

Allocated donations for the 2017/2018 financial year were lower than budgeted due to some events not running and hall hire fees for some recipient organisations being less than anticipated. The balance of unspent allocated donations has been transferred to the unallocated donations budget. Accordingly, the remaining funds in the unallocated donations budget for the 2017/2018 financial year at the time of the writing of this report is $6,929.53.

 

Risk Implications

Milton Ulladulla Men’s Shed

Reducing the rental amount from $472 to $1 per annum for the Milton Ulladulla Men’s Shed follows the precedents previously set by Council with respect to the Greenwell Point and Culburra Men’s sheds.

As Council is aware, there is a limited Donations Budget and there are currently eight (8) men’s sheds in the Shoalhaven which lease premises from Council.

 


 

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 Extra Ordinary Meeting – Thursday 28 June 2018

Page 27

 

 

CL18.145   Revised Public Access to Council Information Policy

 

HPERM Ref:       D18/185565

 

Group:                Finance Corporate & Community Services Group 

Section:              Human Resources, Governance & Customer Service 

Attachments:     1.  Draft Public Access to Council Information Policy (under separate cover)   

This item has been deferred from the Ordinary Meeting 26 June 2018.

Purpose / Summary

To provide a revised Public Access to Council Information Policy for adoption by the Council.

 

Recommendation

That Council:

1.    Adopt the revised Public Access to Council Information Policy as attached to the report

2.    Repeal POL10/107 ‘Public Register Access by Community Consultative Bodies and other Community Groups’

 

 

Options

1.    As recommended

Implications: The revised policy will incorporate amendments as outlined in the report to reflect currency and compliance with Council’s Privacy Management Plan

 

2.    The revised policy is amended by the Council prior to adoption

Implications: Not known

 

3.    The Council not adopt the revised policy or repeal of the related policy as recommended

Implications: The current policies will remain in place. These will not reflect current information and will not comply with the Council’s Privacy requirements.

 

Background

Council adopted a Public Access to Council Information Policy in 2006. This policy provides information on how members of the public can access the information held by Council.

The policy review included update of relevant information, cross checking compliance with policy requirements under the Government Information (Public Access) Act and guidelines from the Office of Information Commissioner, and review and inclusion of other Council policy documents related to the release of information to the public.

A summary of the changes made to the Revised Public Access to Council Information Policy (Attachment 1 to the report) are outlined below:

§ References to out-dated or superseded legislation, agencies and other titles were updated throughout the policy.

§ General grammatical and formatting changes were made and sections of the guide which referred to information on Council’s website were provided with HTML hyperlinks throughout.

§ Information advising that in some cases directly contacting a Council staff member to request advice or opinion (rather than lodging an application under the Government Information (Public Access) (GIPA) Act) was an appropriate way to access information was included at (3.3).

§ More specific information on the types of documents able to be requested via a Records Search Application was included to assist in differentiating between different types of requests (4.1).

§ External links to websites of agencies able to review GIPA decisions were included (4.6).

§ Removed a number of situations previously listed where Council would consider releasing information (contact details, ownership information) from a public register in response to a request. These were removed to ensure Council is only providing information in response to requests in accordance with Privacy Legislation and the Council’s adopted Privacy Management Plan (4.8);

§ The policy review incorporated all policy direction in relation to release of information and therefore the current policy POL10/107 Public Register Access By Community Consultative Bodies And Other Community Groups has been recommended to be repealed.

§ Provisions relating to the providing of bulk ratepayer information from rate registers upon request by Community Consultative Committees (CCBs) were removed. Personal information about residents should not be provided to CCBs or any other group without the prior approval of those residents, as to do otherwise would not be compliant with Council’s adopted Privacy Management Plan or Privacy legislation. CCBs maintain membership lists for information sharing from those who have directly requested information and Council will consider requests from CCBs for assistance to share information with their wider communities in ways other than releasing the personal information of residents.  This information has not been frequently requested in recent years.

§ Provisions remain for the Rural Fire Service to access records as outlined in the current Service Agreement with Council.

§ Application forms included in the appendix were updated to current versions.

 

Financial Implications

None

 

Risk Implications

The revised policy updates previous policy provisions to improve compliance with Privacy Management requirements.

 


 

 Extra Ordinary Meeting – Thursday 28 June 2018

Page 29

 

 

CL18.146   Nomination of Voting Delegates - Election - Office of Vice President (Rural/Regional Councils) - Board of the Local Government and Shires Association of New South Wales

 

HPERM Ref:       D18/185888

 

Group:                Finance Corporate & Community Services Group 

Section:              Human Resources, Governance & Customer Service 

Attachments:     1.  Letter from President - Local Government and Shires Association NSW - Election - Office of Vice President (Rural/ Regional Councils)  

This item has been deferred from the Ordinary Meeting 26 June 2018.

Purpose / Summary

To nominate voting members on behalf of the Council in the Election to fill a Vacancy of Vice President (Rural/ Regional Councils) on the board of the Local Government and Shires Association of NSW.

 

Recommendation

That Council

1.    Receive the report for information

2.    Nominates the following five (5) Councillors as Voting Delegates in the Election for the office of Vice-President (Rural/Regional Councils):

·    Clr

·    Clr

·    Clr

·    Clr

·    Clr

 

Options

1.    As recommended

Implications: Council’s nominations will be submitted prior to the closing date to allow representation of the Council in the voting of this position

 

2.    That Council not appoint voting delegates

Implications: Council will not be represented in the voting process.

 

Background

On 25 May 2018 President of the Local Government and Shires Association (NSW) wrote to the Council to advise that on 6 April 2018 the former Vice President (Regional/Rural councils) resigned from the Board.  This resulted in a casual vacancy which is required to be filled by secret postal ballot in accordance with the provisions appropriate to the election for the vacant office. (refer Attachment 1)

 

The timetable for the election is as follows:

 

1. Friday 6 July 2018,12 noon (AEST) - Ordinary members of the Association entitled to vote in the election must provide the names and postal addresses of their nominated voting delegates to the Association by this date/time (including, for each person - a street address or PO Box number, suburb, state, postcode, and whether the address is a workplace address). No changes to the names of voting delegates (Roll of Voters) will be accepted after this date/time.

 

2. Friday13 July 2018 - The AEC will issue an Election Notice inviting nominations for the office of Vice President (Rural/Regional councils) to be published in the Association's official journal, the LGNSW Weekly, and sent to each member entitled to vote in the election, by post, on this date.

 

Further details about the election, including the date that nominations close and the date that the ballot opens/closes will be contained in the Election Notice.

 

Shoalhaven City Council is an Ordinary member of the Association in the ‘Rural/Regional councils’ category. The Council and has five (5) Voting entitlements for the election to fill a casual vacancy in the office of Vice President (Rural/Regional councils) on the Board of the Association.  Voting delegates must be a Councillor of a Council which is an Ordinary member of the Association in the ‘Rural/Regional councils’ category or member of the Board in the ‘Rural/Regional councils’ category under the Association’s rules.

 

 


 

 Extra Ordinary Meeting – Thursday 28 June 2018

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CL18.147   Introduction of Webcasting - Proposed amendments to the Code of Meeting Practice

 

HPERM Ref:       D18/196221

 

Group:                Finance Corporate & Community Services Group 

Section:              Human Resources, Governance & Customer Service 

Attachments:     1.  Proposed Amended Code of Meeting Practice (under separate cover)   

This item has been deferred from the Ordinary Meeting 26 June 2018.

Purpose / Summary

To outline proposed changes to the Code of Meeting Practice and other measures in preparation for the Webcasting of Council Meetings

Recommendation

That Council

1.    Accept the report for information.

2.    Endorse the amendments proposed to the Code of Meeting Practice as outlined in the Report attachment for advertisement for public comment in accordance with the requirements under Section 361 of the Local Government Act, 1993.

3.    Adopt the amended policy should no comments be received, otherwise receive a further report for consideration.

4.    Consider the arrangements of Council and Core Committee Meetings outside the Council Chambers given that webcasting will only be available for meetings held in the Chambers.

 

Options

1.    As recommended

Implications: This will implement the provisions considered appropriate for the introduction of webcasting, and allow the requisite public consultation before adoption

 

2.    The Council makes other or aditional amendments to the Code of Meeting Practice.

Implications: Not known

 

3.    That Council does not accept the amendments to the Code of Meeting Practice

Implications: This would mean that the current Code would remain and the Council would not have a policy framework around the webcasting of Council Meetings


 

 

Background

Council at its Ordinary Meeting of 30 January 2018 (MIN18.44) resolved as follows:

          “That Council:

1.    Begin Webcasting of Council Meetings from July 2018.

2.    Webcast Ordinary Meeting, Development Committee and Strategy & Assets Committee meetings.”

 

In preparation for the introduction of the webcasting service, amendments are proposed to the Code of Meeting Practice. A draft of the proposed amendments is provided as an attachment to this report.

In summary, the changes that are required are highlighted in the attachment and are as follows:

-     A new Section on Webcasting of Meetings (Clause 9.12) which outlines:

Which meetings are webcast (Cl. 9.12.1)

That confidential meetings will not be webcast (Cl. 9.12.2)

Privacy Statements relating to those in attendance, including inclusion in the Agenda, signage and announcements to be made at the commencement of a webcast meeting. (Cl. 9.12.3 - 6)

Circumstances in which webcasting may be terminated or edits or modifications made to the recordings (Cl 9.12.6)

The maintenance of an online library of 2 years of meeting webcasts on Council’s website (Cl. 9.12.7)

That the failure to Webcast does not impact on the validity of the decisions of the meeting (Cl. 12.9.8)

Warnings about defamatory or offensive statements during meetings (Cl. 12.9. 9)

Copyright provisions (Cl. 12.9.10)

Transcripts of the meetings will not be available (Cl12.9.11)

 

-     Inclusion of the impact of webcasting on the Deputations by amendments at (Cl. 8.1.9)

 

Amendments have not been made with respect to the recording of meetings as those still apply to meetings whether they are webcast or not.

The provisions proposed reflect those which were outlined in the Consultation Draft of the Model Code of Meeting Practice for Local Councils in NSW, which was released by the Office of Local Government in December 2017.

Due to the physical set up of the Council Chambers, the introduction of webcasting of the Development and Strategy and Assets Committee meetings will require the Chairperson and General Manager to sit at those seats occupied by the Mayor and General Manager at the Ordinary Meetings of the Council.

A briefing session will be held for Councillors in July 2018, prior to the first webcast.

Council has in place a decision to hold two (2) Ordinary Meetings of the Council in locations other than Nowra.  Given the Webcasting equipment will be fixed in the Council Chambers and meetings at other locations will not be Webcast, Council should consider whether this will continue after the introduction of Webcasting. The costs associated with the setup of the two (2) meetings held in other locations are approximately $4,000 each, exclusive of additional costs for venue rental and catering. 

           

Community Engagement

The amendments proposed to the Code of Meeting Practice will be advertised for public comment in accordance with the requirements under Section 361 of the Local Government Act, 1993. The inclusion of the information about Webcasting will clarify for the community the existance and impacts of Webcasting on the meetings.

Audio Recording of Council and Committee Meetings are currently made by 2UUU Community Radio and are broadcast on that Station. The introduction of the Webcasting will not preclude this arrangement continuing, however staff will discuss this and ongoing arrangements  with the Radio Station.

 

Policy Implications

It is considered that the Code of Meeting Practice is the most appropriate place to record policy direction with respect to Webcasting of Meetings.

The commencement of Webcasting will prompt notifications to staff in accordance with the Counci’s Workplace Surveillance Policy.

 

Risk Implications

The webcasting of Council meetings does increase the risk for the Council with respect to defamation or other action arising from statements during meetings which are broadcast by the Council by this mechanism. The proposed additional provisions and amendments to the Code of Meeting practice seek to address this.

 

 

 


 

 Extra Ordinary Meeting – Thursday 28 June 2018

Page 40

 

 

CL18.148   Investment Report - May 2018

 

HPERM Ref:       D18/196597

 

Group:                Finance Corporate & Community Services Group 

Section:              Finance 

Attachments:     1.  Monthly Investment Report - Shoalhaven City (under separate cover)   

This item has been deferred from the Ordinary Meeting 26 June 2018.

Purpose / Summary

Under Section 625 of the Local Government Act 1993 and Clause 212 of the Local Government (General) Regulation, it is a requirement to provide a written report to Council.

 

Recommendation

That the report of the General Manager (Finance, Corporate and Community Services Group) on the Record of Investments for the period to 31 May 2018 be received for information.

 

 

Options

1.    The Report on the Record of Investments for the period to 31 May 2018 be received for information.

Implications: Nil.

 

2.    Further information regarding the Record of Investments for the period to 31 May 2018 be requested.

Implications: Nil.

 

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

Implications: Nil.

 

Background

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

CPG Research and Advisory Pty Ltd includes a section on Council’s investment in institutions who fund the fossil fuel industry (see page 5). There was an increase in Council’s fossil fuels exposure due to the drawdown of loans into the TCorp fund in March; this will drop as the loan funds are spent on the REMS project. A further increase in exposure in May is due to the placement of investments with highly rated institutions offering higher interest rates than those institutions who don’t lend to the fossil fuel industry.

 

 

 

The interest earned to the month of May was $5,126,632, 97.46% of the full year budget though it should be noted that General Fund is tracking slightly under budget.

 

 

The interest earned for the month of May was $576,016, which was $129,271 above budget.

 

 

 

 

 

 

 

The table below lists the major movements

Total Cash and Investments

+$3,427,095

 

Unrestricted cash

-$5,305,407

May was a rates instalment month

Financial Assistance Grant

-$1,477,804

Not received in May

Sewer Fund

-$1,125,644

Spending on REMS

 

 

Financial Implications

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

 

Certification – Responsible Accounting Officer:

I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulations 2005 and Council’s Investments Policy number POL18/8.

 

 

 

Vanessa Phelan

Acting Chief Financial Officer

 

 


 

 Extra Ordinary Meeting – Thursday 28 June 2018

Page 42

 

 

CL18.158   NSW Local Government Aboriginal Network Conference 2018

 

HPERM Ref:       D18/208018

 

Group:                Finance Corporate & Community Services Group 

Section:              Human Resources, Governance & Customer Service  

 

This item has been deferred from the Ordinary Meeting 26 June 2018.

Purpose / Summary

To consider Councillor attendance at the NSW Local Government Aboriginal Network Conference scheduled for 12-14 September 2018 in Narrabri NSW.

 

Recommendation

That Council

1.    Notes the details of the NSW Local Government Aboriginal Network Conference scheduled for 12-14 September 2018 in Narrabri NSW.

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

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

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

 

 

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 NSW Local Government Aboriginal Network Conference is considered relevant to local government. Further information regarding this conference can be found via this link: http://lgan2018.com.au/

Costs associated with the conference are estimated as follows:

·     registration :    $680 Earlybird prior 22 July 2018

                        $780 Standard

                        $600 Group (4+ people)

                        $400 Single day

·     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. 

The Conference commences at 8.20am Wednesday 12 September 2018 and concludes at 1.00pm Friday 14 September 2018 and following Council Business is scheduled within the period of the conference:

·     Development Committee - 11 September 2018.

·     Councillor briefing - Thursday 13 September 2018.

 

Policy Implications

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

 

Financial Implications:

Funds are available for Councillors to attend this conference.

 


 

 Extra Ordinary Meeting – Thursday 28 June 2018

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CL18.150   Cattle Loading Ramp Works - 120 Millbank Road Terrara for KW Turner

 

HPERM Ref:       D18/190995

 

Group:                Assets & Works Group 

Section:              Works & Services  

 

This item has been deferred from the Ordinary Meeting 26 June 2018.

Purpose / Summary

To allow Council to consider a proposal to carry out works on private land at 120 Millbank Road, Terara, to provide an alternate cattle loading facility to the one that is unable to be used due to recent widening of Millbank Road. This report is required to gain approval for private works at no cost in accordance with Section 67 of the Local Government Act.

Recommendation

That, in accordance with Section 67 of the Local Government Act,:

1.    Council undertake work to provide an alternate cattle loading facility at 120 Millbank Road, Terara for K W Turner, at an estimated cost of $7,900 and at no cost to the owner; and

2.    On completion of the works, Council receive a further report outlining the final costs of the rectification works.

 

 

Options

1.    Council accept the recommendation as presented.

Implications: The widening of Millbank Road has rendered the existing cattle loading ramp unusable due to the width between the road edge line and fence line being too small to fit a cattle truck. The proposed works are necessary to allow the property owner to safely load the cattle currently on the property.

 

2.    Council not or only partly contribute to the relocation of the loading ramp

Implications: Council could request the owners undertake works and hire or purchase a cattle loading ramp to enable cattle to be safely transported to and from the property, but this would be unreasonable given the reason the existing ramp is unable to be used is due to road improvements undertaken by Council.

 

 

 

Background

A reconstruction and upgrade of Millbank Road, Terara, was completed by Council contractors in March 2018. The upgrade included widening of the road and shoulders.

This widening has rendered the existing cattle loading ramp to be unusable due to the lack of available width for a cattle truck to fit between the edge of the road and fenceline. See picture below.

 

 

Approximate width of cattle truckApproximate boundary lineExisting cattle loading ramp20180419_152103_1524206437612_resized

 

If the existing ramped was used, the truck would be on the edge of the travel lane, which would present a safety issue for the truck and passing vehicles. In addition, works would be required to extend the height of the loading ramp to work in with the new road level.

To provide for continued safe and practical loading of cattle for this property, it is proposed to shift the loading point into the property. This work will include:

·    Replace the existing single gate with a double gate;

·    Extent the gravel verge to the property boundary and into the paddock;

·    Construct a gravel pad in the paddock in front of the existing cattle crush, to provide a stable platform for a new ramp and the truck; and

·    Install a new ramp.

 

The cost of the works within private property are $7,900, including all plant, labour and materials.

 

LOCAL GOVERNMENT ACT 1993 - SECT 67

Private works

67 Private works

(1) A council may, by agreement with the owner or occupier of any private land, carry out on the land any kind of work that may lawfully be carried out on the land.

Examples of the kind of work that a council might carry out under this section include:

• paving and roadmaking

• kerbing and guttering

• fencing and ditching

• tree planting and tree maintenance

• demolition and excavation

• land clearing and tree felling

• water, sewerage and drainage connections

• gas and electricity connections.

(2) A council must not carry out work under this section unless:

(a) it proposes to charge an approved fee for carrying out the work as determined by the council in accordance with Division 2 of Part 10 of Chapter 15, or

(b) if it proposes to charge an amount less than the approved fee, the decision to carry out the work is made, and the proposed fee to be charged is determined, by resolution of the council at an open meeting before the work is carried out.

(3) A council must include details or a summary of any resolutions made under this section and of work carried out under subsection (2) (b) in its next annual report.

(4) A report of work to which subsection (2) (b) applies must be given to the next meeting of the council after the work is carried out specifying:

• the person for whom the work was carried out

• the nature of the work

• the type and quantity of materials used

• the charge made for those materials

• the total of the number of hours taken by each person who carried out the work

• the total amount charged for carrying out the work (including the charge made for materials)

• the reason for carrying out the work.

(5) This section does not apply to work carried out by a council, or by two or more councils jointly, for another council or for a public authority.

(6) This section does not apply to any graffiti removal work carried out by a council in accordance with Part 4 of the Graffiti Control Act 2008 .

 

Community Engagement

The property owners of 120 Millbank Road have had input into the proposed solution.

 

Financial Implications

The works will be funded by the local road repair program budget.

 

 


 

 Extra Ordinary Meeting – Thursday 28 June 2018

Page 49

 

 

CL18.152   Report On Flinders Rd South Nowra - Route Upgrade & Roundabout Construction

 

HPERM Ref:       D18/200206

 

Group:                Assets & Works Group 

Section:              Project Delivery & Contract 

Attachments:     1.  Existing Pavement Plans   

This item has been deferred from the Ordinary Meeting 26 June 2018.

Purpose / Summary

Project update for the Flinders Rd South Nowra - Route Upgrade & Roundabout Construction.

 

Recommendation

That Council receive the report on the Flinders Rd South Nowra - Route Upgrade & Roundabout Construction for information.

 

 

Options

1.    Receive the report as recommended.

Implications: The information is accepted.

 

2.    Council could choose not to accept the recommendation

Implications: Council would not be updated on the project.

 

Background

The Flinders Rd South Nowra - Route Upgrade & Roundabout Construction project is funded through Australian Government’s Black Spot, Roads to Recovery and Heavy Vehicle Safety and Productivity Programs, and the NSW Government’s Rural and Regional Roads Fund, with Council also contributing funds. Works have been in progress since June 2017 and are being undertaken by Cleary Bros (Bombo) Pty Ltd.

Considerable delays have been experienced due to outstanding service relocations. Given the delays in obtaining final approval to commence the electrical works, the site will likely be shut down at the end of June, and reopened when the electrical works and subsequent road works can be completed.

 

Details

The purpose of the works is to improve transport efficiency and to increase productivity and safety for heavy vehicles entering and leaving the South Nowra Industrial Area. The works involve:

·    Construction of roundabouts at the Flinders Road and Albatross Road intersections

·    The upgrade and widening of the full length of Flinders Road to 13 metres including the upgrade of all intersections

·    Rehabilitation of the failing pavement on Flinders Road between Norfolk Avenue and Albatross Road

·    Provision of a shared user path for the full length of Flinders Road to separate heavy vehicles and cyclists/pedestrians

·    Provision of street lighting along Flinders Road and at the new Albatross Road roundabouts

·    Relocation of services such as Telstra, gas, NBN, and electrical infrastructure.

 

The works commenced in June 2017 with the original completion date by December 2017. There have been minor delays experienced through wet weather, additional works requested, gas relocations, and Christmas shutdowns, totalling 38 days.

The principal delay has been in obtaining approvals from Endeavour Energy for asset relocations and street lighting installations, totalling 155 days to date.

A summary of the electrical works process is as follows:

·    OPUS International Consultants from Canberra engaged late 2015 to design the Flinders Road upgrade and roundabouts at Albatross Road

·    Part of the project involved electrical asset relocation, for the design of which OPUS engaged John Raineri & Associates (JRA) of Canberra

·    Most designs for Flinders Road and street lighting were approved by Endeavour Energy (EE), and completed by an electrical contractor, by the end of 2017.

·    The remaining works involve the relocation of electrical assets and removal of poles at the intersection of Flinders Road and Albatross Road to allow construction of two roundabouts (existing power poles are located such that removal is required before the roundabouts can be completed), and completion of the roundabout street lighting.

 

 

·    Liaison for the asset relocation between JRA and EE for the design has been ongoing since early 2017

·    Initial problem area from the design submitted was the location of a high voltage switching station at the corner of Flinders Road and the Albatross Service Road (from April 2017). This was finally resolved with a dispensation for the location approved 15 February 2018

·    EE then reviewed the asset relocation design plans with several iterations between EE and JRA on design issues

·    The asset relocation design was certified by EE on 4 May 2018

·    The Letter to Proceed was issued by EE on 21 May 2018

·    EE raised several issues with the design at a site meeting 24 May with the electrical contractor engaged to construct the electrical works

·    The additional issues were reviewed by JRA and comments provided to EE that indicated that the issues could be resolved during the construction phase and captured in the work as executed drawings

·    EE responded with comments on the design suggesting that no access to the network should be provided until the design is amended and recertified

·    EE have now advised that they want the design for asset relocation (certified 4 May 2018) and the street lighting design (certified 14 September 2017 and predominantly completed) consolidated into one design, and resubmitted for recertification.

 

Representatives of the Department of Premier and Cabinet, Regional Infrastructure, have been making representations to Endeavour Energy senior staff since November 2017 seeking assistance in bringing the project to an end.

The office of The Hon Shelley Hancock MP, Member for South Coast, has also received complaints on the delay in completion of the works. Information has been provided on the reasons for the delay.

Given the unknown timeframe for going through the additional design and approval process (noting the extended timeframe of over 12 months to get to this point) discussions have been held with Cleary Bros on a possible shut down of works. Works that can be undertaken now are:

·    Completion of the shared user path along Flinders Road

·    Final AC wearing surface on the Albatross Road roundabout (previously being held for completion with the secondary roundabout)

·    Final AC wearing surface on the partially constructed south side of the secondary roundabout

·    Reconstruction of the Flinders Road pavement to intermediate AC layer, with a temporary AC layer beneath the future unconstructed roundabout ring, on the north side.

 

The project will then be shut down until such time as the final approval to commence the remaining electrical works is received. Outstanding roadworks for the northern side of the secondary roundabout following the electrical works will be the kerb and gutter, footpaths and pavement, and completion of the north side of the roundabout ring and medians.

It should be noted that the outstanding works do not include further works on Flinders Road. Some comments have been received on the ride quality of the completed works. Irregularities remaining predominantly relate to the locations of the existing pavement that was not included in the new construction scope, being between Norfolk Avenue and Angus Avenue (see attached plans showing the existing pavement in grey). The existing surface was uneven as well as containing several defects from old road crossings.

Initially, no works were planned for the existing pavement. However, the appearance of the existing pavement was considered unacceptable given the new works surrounding it. The decision was made to reseal the existing pavement to give a more “complete” project. Prior to the reseal, the major defects were corrected as much as possible, however the existing surface contained multiple dips/humps that could not be easily or economically addressed (an asphalt correction course of the existing pavement would cost over $200,000 and would not have eliminated some of the longer surface irregularities). Funding was not available for an overlay, or a reconstruction, of the existing pavement.

 

Community Engagement

Consultation was undertaken with the community and relevant groups prior to the commencement of works. Further consultation has been undertaken throughout the project with updates on the progress and the current construction schedule placed on Council’s website, and through updates provided to an email group.

 

Financial Implications

The total project budget is $7,379,000. Additional costs will be charged by Cleary Bros for shutdown and re-establishment of the site works. At present, the completion of all works is expected to be within the available funding limits.

 

 


 

 Extra Ordinary Meeting – Thursday 28 June 2018

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CL18.159   Objection - Lease to Salt Ministries - 134 Kinghorne Street, Nowra

 

HPERM Ref:       D18/192775

 

Group:                Assets & Works Group 

Section:              Business & Property 

Attachments:     1.  Salt Ministries - Policies and Procedures (under separate cover)   

This item has been deferred from the Ordinary Meeting 26 June 2018.

Purpose / Summary

This report provides Council with an opportunity to consider submissions in relation to the proposed lease of Lot 2 DP329271 at 134 Kinghorne Street, Nowra to Salt Ministries for the purpose of a transitional group home following public notification of the proposal including notification to the Nowra Youth Centre and Quest Apartments.

Recommendation

That Council delegate authority to the General Manager to finalise the details of a lease agreement with Salt Care Limited ABN 66 625 075 890 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.

 

 

Options

1.    Adopt the recommendation.

That Council note the submissions received in relation to this matter and resolve to confirm resolution MIN18.302C with the following amendment:

Insert Salt Care Limited ABN 66 625 075 890 in lieu of Salt Ministries.

Implications: The lease will allow Salt Ministries to provide necessary assistance to the homeless by providing overnight accommodation.

 

2.    Not adopt the recommendation and resolve along the following lines:

“That Council not proceed with the lease to Salt Care Limited (Salt Ministries) and that the General Manager (Group Director, Assets and Works) hold a Councillor workshop to explore other possible options for the location of the group home.”

Implications: Salt Ministries will not be in a position to offer shelter to the homeless during the impending winter period.

 

Background

Council at its Strategy and Assets Committee meeting on 17 April 2018 resolved in part to (MIN18.302C):

1.     Delegate authority to 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.”

Pursuant to S47A of the Local Government Act 1993, Council advertised in the local newspaper for a period of 28 days its intent to lease the premises at 134 Kinghorne Street, Nowra to Salt Ministries. Nearby landowners Nowra Youth Centre, Quest Apartments, Shoalhaven Historical Society and Werninck Cottage were also directly notified in writing. The closing date for submissions was the 14 June 2018.

 

Submissions:

As at the closing date for submissions, two (2) responses were received, being from Nowra Youth Centre and Quest Nowra.

 

Submission – Nowra Youth Centre

A meeting was held with the Centre Manager of the Nowra Youth Centre, Salt Ministries and Council staff to address their concerns; results of which are detailed in the table below:

Issue:

What policy and procedures will be put in place to address the needs and issues of the guests?

 

Staff Comments:

Salt Ministries have robust procedures and policies around matters such as substance abuse, weapons, violent behaviour and critical incidents (Attachment 1).

A copy of the policies and procedures were provided to Nowra Youth Centre at the meeting for consideration and comment.

Issue:

What is the process for guests exhibiting behaviours such as substance abuse, domestic violence, physical or sexual abuse, mental health, poor physical health issues, or gambling addiction?

 

Staff Comments:

Contained within Salt Ministries policies is the framework for dealing with the above issues. A guest exhibiting signs of any of the above behaviours may be asked to leave any common areas or remain in their appropriate sleeping quarters. Should any issue escalate, Salt Ministries staff have the option to call a security company, police or activate their duress alarm.

A policy of Salt Ministries is to not release guests back into the community to cause harm and to assist in sourcing alternate accommodation for that person.

Issue:

What is the screening process for intake of guests?

Staff Comments:

The screening process is outlined in the policies and procedures.

The Homeless Hub will undertake the admission process during their opening hours Tuesday – Friday 10am – 3pm; outside of these hours Salt Ministries will conduct their own admissions which will be accepted up until 10pm any night.


 

Issue:

Will guests be permitted to come and go or will there be a curfew, and if so what time.

 

Staff Comments:

The service will be open from 5pm.

Guests booked into the service for the night will be able to access the service from 5pm. Salt Ministries do not provide “pass outs”, to allow transient behaviour, and therefore, once inside the premises guests will not be entitled to leave until the 8am the following morning.

Issue:

Will there be suitably qualified (both clinical & non clinical), and trained staff on site during opening hours.

 

Staff Comments:

There will be 2 trained staff members (case workers and centre management) on-site at all times including overnight. Staff shifts will be 5pm – 10pm and 10pm – 8am, along with volunteers working variable hours.

Issue:

What will be the number of on sight staff at any one time, and ratio of staff to guests?

 

Staff Comments:

Council’s development consent permits a maximum of 12 people.

There will be 2 staff members and 10 guests at any one time, therefore the ratio will be 1 staff member to 5 guests.

Issue:

What procedures will be in place for incidents?

Staff Comments:

Incidents will be recorded as per the appropriate policy and procedure.

All staff will have access to duress alarms. If the duress alarm is activated, Salt Ministries have an agreement with a local security company that security personnel will be on site within 5 minutes.

This security will be a 24 hour service. The security personnel will remain on-site until police arrive.

Issue:

What will be the capacity of guests at any one time?

Staff Comments:

A maximum of 12 people including any staff.

Issue:

The Nowra Youth Centre has vulnerable young people aged 12 to 18 years old who attend the Youth Centre from 5pm to 8:30pm on Friday & Saturday afternoons/evenings each week.

Young people utilise the area out the front and side of the youth centre and spend time in our rear basketball area and frequent the public space and park at the back of the Youth Centre and play on the swings as well as play hide and seek; making them easily accessible to engage with and for coercion into unfavourable behaviour.

Our clients come from varied backgrounds and can present with very challenging behaviours toward each other and the general public.

How do you propose to deal with any issues that arise?

 

Staff Comment:

Salt Ministries wants to work collaboratively with other organisations, and to be provided with feedback, both (good and bad), in order for them to improve on their service not only to the users but to lessen any perceived impact on surrounding businesses.

In the event of issues, guests will not be removed “out the door” of the premises onto the street. Salt Ministries will facilitate any necessary removal of guests to another service, or taken by police or ambulance to receive assistance.

 

Issue:

Response time from police & ambulance.

In the past the response time from both the Ambulance and Nowra Police even though they are straight across the road from the Youth Centre has been approximately 30 minutes, as officers are not permitted to leave the station and instead traffic police will be called to any incidents and depending on their work load, if they are currently obtained depends on their arrival.

Are there any processes in place to address this issue?

 

Staff Comment:

Salt Ministries staff will have access to duress alarms as outlined above. If the alarm is activated a local security company will be on-site within 5 minutes to offer assistance until police arrive.

 

Issue:

Nowra Youth Centre have an all-female staff. There are concerns that they may feel unsafe when leaving work to walk to their car.

Are there any processes in place to address this issue?

 

Staff Comment:

Salt Ministries provided assurance to Nowra Youth Centre that any person turned away from the service will be transitioned to another emergency accommodation service or suitable location. In the event that aggression or mental health issues are apparent, Salt Ministries will call police and ambulance for assistance and direction.

Salt Ministries will further investigate the necessity for additional external lighting and the use of camera both internally in public space areas and externally on the building for increased security.

 

 

Following the meeting, the Executive Committee of the Nowra Youth Centre advised Council staff in writing that responses received from Salt Ministries in relation to the concerns outlined above are not sufficient and their objection to the lease of the premises to Salt Ministries as a transitional group home stands.

 

Submission – Quest Nowra

Issue:

People at risk of homelessness are at a far greater risk of suffering a high degree of mental health issues and other drug and crime related crime. Concentrating them in a single area will naturally bring problems of increased crime, drug-dealing and undesirable behaviour.

 

Staff Comment:

As previously discussed above, the development consent permits a maximum of 12 occupants in the premises, consisting of 2 Salt Ministries trained staff and 10 guests. Salt Ministries will have access to a 24 hour security service.

Any guest either denied access to the service or required to be removed will be done so by either accessing alternate accommodation, removal by police or by ambulance. No person denied by the service will be left to wander or seek refuge in nearby businesses or the CBD.

In addition, the premises is appropriately located close to wrap-around services which will be essential for assisting persons who are homeless or at risk of homelessness.

Issue:

The subject site is located 230m from Nowra Public School with children at risk of anti-social behaviour.

 

 

It is noted that a similar services already exist in the locality, being John Purcell House, which is located at 11 Lawrence Avenue, Nowra.  This shelter provides crisis accommodation for men at risk of homelessness, and is located approximately 140m from Quest Nowra and approximately 100m from Nowra Public School.

The Homeless Hub is located in Junction Street surrounded by businesses and a school with no evident direct impact from either service.

 

Issue:

Guests at Quest Nowra have raised concerns about their perception of lack of safety in Nowra, and the transitional group home is in the vicinity of Quest Nowra and will likely worsen this perception.

 

Staff Comment:

As previously discussed above, all staff will have access to duress alarms. If the duress alarm is activated, Salt Ministries have an agreement with a local security company that security personnel will be on site within 5 minutes.

This security will be a 24 hour service. The security personnel will remain on-site until police arrive.

In addition, upon the guest being booked into the service, they will be required to remain within the premises until 8am the next morning, there is no transient access to the service.

 

 

Summary:

Based on the responses and documentation (policies and procedures) provided by Salt Ministries, Council staff do not believe the objections warrant rejecting the lease to Salt Ministries as there is wider community support for this service.

 

Community Engagement

The matter is considered to be a local area low impact issue as outlined in Council’s Community Engagement Policy and appropriate community consultation occurred, including newspaper advertising and written notification to adjoining land owners as required by legislation.

  


 

 Extra Ordinary Meeting – Thursday 28 June 2018

Page 59

 

 

CL18.154   Review of the Bushcare/Parkcare Policy

 

HPERM Ref:       D18/188637

 

Group:                Planning Environment & Development Group 

Section:              Environmental Services 

Attachments:     1.  Shoalhaven Bushcare/Parkcare Policy - Review 2018 (under separate cover)   

This item has been deferred from the Ordinary Meeting 26 June 2018.

Purpose / Summary

Report the updated Bushcare/Parkcare policy to Council for adoption.

 

Recommendation

That Council adopt the reviewed Bushcare/Parkcare Policy.

 

 

Options

1.    Adopt the recommendation

Implications: Council Bushcare/Parkcare Policy has been updated to comply with current legislative, Council Community Strategic Plan and other local and regional plans and policies. The Policy has also undergone extensive consultation with Staff, Bushcare Groups, Council’s Bushcare Representative Group and Councillors.

 

2.    Not adopt the reviewed Bushcare/Parkcare Policy and seek further changes or consultation

Implications: The review of Bushcare/Parkcare Policy is 12 months overdue already, further delays in adoption of the policy, resulting in the policy not meeting legislative requirement or being current.

3.    Adopt an alternative recommendation.

Implications: Unkown.

 

Background

The Bushcare program consists of over 65 groups and 700 registered volunteers. An efficient and effective volunteer Bushcare/Parkcare program requires that the guiding principles, aims, objectives and provisions of the program are clearly defined for volunteers, Council officers, Councillors, State Government agencies and other organisations.

The Bushcare and Parkcare Policy has been separated from procedures in the revised document, so it is easy to read, and stands alone as a higher-level guiding document. This also provides the ability to readily update operational procedures to continue to deliver best practice.

On 18 July 2017 Council reported the reviewed Shoalhaven Bushcare/Parkcare Policy for adoption, with amendments to the Strategy and Assets Committee meeting, and the following was resolved:

That this matter be deferred to a Councillor Briefing Workshop to allow for further review and reported back to Council.

 

The Councillor briefing was held in on 21 September 2017 at which Councillor White requested that, rather than running the briefing, that staff should meet Councillors, to go over the details of the changes required to the policy.

This meeting was held on 02/11/2017 at which Councillor Patricia White, Kelie Clarke, Environmental Services Manager and Alasdair Stratton, Natural Resources and Floodplain Unit Manager attended. At this meeting it was agreed that the following broad changes should be made to the document:

1.   Separate the procedures from the policy, so that it is a stand-alone policy and the procedures become an operational document.

2.   Simplify the policy to include an easy to read table format which is divided into the following categories:

a.   Purpose

b.   Statement

c.   Aim

d.   Objective

e.   Provisions

f.    Implementation

3.   Include a clear statement in the Policy that Bushcare/Parkcare Group Action Plans are a requirement to guide the work of each Group. Currently this statement is contained within the Procedures.

4.   Make reference to the procedures in the policy.

The policy was re-drafted and presented to the Bushcare reference Group on 21 February 2018. Following much discussion, it was resolved at that meeting that:

1.         The Council Bushcare Representative Group agreed to have the Policy and the Procedures document split into separate documents.

2.         This matter be deferred pending further review of the Policy document.

Additional feedback was sought from the Bushcare Reference Group, which was incorporated into a revised draft. This draft was forwarded to group members and a further workshop involving the Bushcare Reference Group members was held on 16 May 2018. Further amendments were made and the revised Policy was circulated for final review prior to seeking Council adoption.

 

Other feedback was grammatical or minor and has been included in the revised Policy.

 

Community Engagement

Previously, the reviewed Bushcare/Parkcare Policy and Procedures had been circulated to all Bushcare and Parkcare Groups for feedback in early 2017. Council received six (6) submissions which resulted in minor changes to the procedures and not the policy.

Since that time, based on feedback from the Bushcare Reference Group at, or following its February meeting and a workshop in May, the Policy has been revised, maintaining and building upon the content of the February 2018 draft.

 

Policy Implications

The reviewed Bushcare/Parkcare Policy will be current and comply with all of Council Community Strategic Plan and State and Federal legislative requirements.

 

Financial Implications

The Shoalhaven Bushcare/Parkcare Program provides a financial benefit to the residents/ratepayers of the Shoalhaven. This is achieved through the in-kind labour contribution that the volunteers provide for restoring and maintaining the ecological assets on public land in the Shoalhaven.

From 1st July 2005 to 5th June 2018 Bushcare volunteers spent 104,634 hours restoring and maintaining natural areas in public ownership. This equates to financial contribution of $3,139,020, at current Volunteering Australia rates, towards the management of our city’s public natural area reserves.

 


 

 Extra Ordinary Meeting – Thursday 28 June 2018

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CL18.160   Addendum Report - Integrated Strategic Plan - Low Cost Loan Initiative - Provision of Local Infrastructure to Accelerate New Housing Supply

 

HPERM Ref:       D18/208641

 

Group:                Planning Environment & Development Group 

Section:              Strategic Planning  

 

This item has been deferred from the Ordinary Meeting 26 June 2018.

Purpose / Summary

The NSW Department of Planning and Environment (DP&E) has announced a Low-Cost Loan Initiative (LCLI) to accelerate the provision of infrastructure for new housing. The LCLI will provide councils with a 50% reduction in the interest paid on eligible infrastructure loans.

 

Note: This matter is submitted as an addendum to enable Council to consider taking up this opportunity by the nominated deadline of 1 July 2018.

 

Recommendation

That Council

1.    Amend the draft Integrated Strategic Plan 2018/19 – to include the additional borrowings of $6.37 million, with the future repayments of this loan to be funded from Developer Contributions and the low-cost loan initiative interest subsidy.

2.    Submit an application to the NSW Department of Planning and Environment Low Cost Loan Initiative by 1 July 2018 for the provision of Public Open Space areas in Moss Vale Road South Urban Release Area, and

a.    In making the application, the Mayor and General Manager sign the declaration.

3.    Commit to funding the upfront costs for the acquisition of land for the purpose of Public Open Space in the Moss Vale Road South Urban Release Area using loan funds of $6.37 million to take advantage of the discounted interest rate through the LCLI and to accelerate the delivery of Public Open Space in the Moss Vale Road South Urban Release Area.

 

 

Options

1.    Adopt the recommendation.

Implications: This is preferred as it will enable the submission of an application under the LCLI to acquire land in the Moss Vale Road South Urban Release Area and the provision of public open space early in the development. The initiative provides an approximate cost savings of $617,331 in interest repayments.

The amount of $6.37 million matches the land acquisition value for open space as per the draft Contributions Plan for Moss Vale Road South Urban Release Area. Should the acquisition of land be less than this total, the surplus funds may be used to undertake the embellishment of the open space to deliver a mix of activity nodes, shared paths, gardens, furniture, etc.

 

2.    Adopt an alternative recommendation.

Implications: Council could opt to apply for a lesser amount or not to make an application at all. This could mean that an opportunity to fund the up-front acquisition of the required open space will not be taken up or there may not be sufficient funding to complete the overall acquisitions.

 

Background

The DP&E has announced a LCLI to accelerate the provision of infrastructure for new housing. The LCLI will provide Councils with a 50% reduction in the interest paid on eligible infrastructure loans. The LCLI is a joint initiative of the DP&E, the NSW Office of Local Government (OLG) and the Treasury Corporation (TCorp).

Council is currently in the process of progressing/finalising the work involved with latest Urban Release Area (URA) at Moss Vale Road South (MVRS) where a significant amount of new infrastructure is required for the greenfield development. The infrastructure solely for one URA has a potential cost of at least $15.65M in local infrastructure items including roads, open space and drainage facilities. This does not account for all the internal roads, or additional levies that developers will be required to pay towards State infrastructure and utility infrastructure such as water, sewer, electricity and gas.

Enabling early delivery of the infrastructure has the potential to accelerate the release of land in Shoalhaven by reducing costs to developers. These costs are typically passed on to future buyers, therefore this initiative may also provide savings for future buyers. The initiative also allows Council to get in early with infrastructure delivery. This will provide an opportunity for community facilities to be delivered early in the development of the release areas, which will make it an attractive place for the future community to buy into and enjoy from an early stage.

On review of the LCLI guidelines and application requirements, Council staff have identified that the upfront acquisition of proposed public open space in MVRS URA is the most suitable project for this application.

The guidelines require that Council must have in place current or draft planning controls which are applicable to a Council area in order to be eligible. This is essentially why the MVRS URA has been identified as a candidate for this opportunity as the draft planning package has been prepared and was recently public exhibited. As such is substantially advanced.

A total area of 9.8 hectares is identified for future Public Open Space in the draft Development Control Plan (DCP) and Contribution Plan (CP) for the URA. Based on land valuation estimates in the draft CP, an amount of $6.37 million in loan funds will be sufficient for the acquisition of majority of the Public Open Space land in the MVRS URA. The recoupment of funds will occur through future Section 7.11 (previously Section 94) Developer Contributions as the development occurs.

As part of the public exhibition, several submissions received raised concerns with respect to delayed community infrastructure provision. Council has also been notified of representations made to the Member for Kiama, Gareth Ward, by a land owner requesting the acquisition of their land on the basis that the land is subject to substantial acquisition for the purposes of open space under the draft CP for MVRS URA.

If Council is successful in its LCLI application and borrows $6.37 million, there is the potential for approximately $617,331 in interest to be saved based on a loan repayment schedule with 20 payments over 10 years and an estimated annual interest rate of 3.5%.

The first round of applications closes at 5pm on 1 July 2018.

 

Community Engagement

The Draft DCP and CP for MVRS URA have been publicly exhibited for a period of 11 weeks between 20 December 2017 and 2 March 2018 (inclusive). Council staff are currently finalising the post-exhibition review and will report the matter back to Council soon.

As part of the post-exhibition review, several submissions raise concerns in relation to the delayed delivery of community infrastructure and the potential impact that it may have on existing community infrastructure in nearby areas including Cambewarra Village.

In addition, a landowner within MVRS URA has made representations to the Member for Kiama, Gareth Ward, requesting the early acquisition of their land under the Land Acquisition (Just Terms Compensation) Act 1991. The request is on the basis that the land is subject to acquisition for the purposes of open space under the draft CP for MVRS URA.

 

Financial Implications

If Council does not commence project construction within 12 months after signing the agreement, the LCLI reimbursement may be withdrawn.

Interest reimbursement will be paid twice a year in the first and third quarters of each financial year.

As the local infrastructure is identified in the draft Contributions Plan, once adopted, contributions will be paid per Equivalent Tenement. Developer contributions paid for open space will be utilised for loan repayments.

  


 

 Extra Ordinary Meeting – Thursday 28 June 2018

Page 63

 

 

CL18.156   OzWater 18 Conference

 

HPERM Ref:       D18/190076

 

Submitted by:    Clr John Wells 

Attachments:     1.  Conference Report & Annexure   

This item has been deferred from the Ordinary Meeting 26 June 2018.

Purpose / Summary

To provide a report (Attachment 1) from Clr John Wells on the OzWater 18 Conference held in Brisbane 8-10 May 2018 in accordance with Clause 3.3(e) of the Council Members – Payment of Expenses and Provision of Facilities Policy.

 

Recommendation

That Council receive the report from Clr John Wells on the OzWater 18 Conference for information.

 

 

Options

1.    Receive the report for information

2.    Request further information on the conference

 

 


 

 Extra Ordinary Meeting – Thursday 28 June 2018

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 Extra Ordinary Meeting – Thursday 28 June 2018

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CL18.157   Waste 2018 Conference

 

HPERM Ref:       D18/192954

 

Submitted by:    Clr Mark Kitchener 

Attachments:     1.  Conference report (under separate cover)   

This item has been deferred from the Ordinary Meeting 26 June 2018.

Purpose / Summary

To provide a report (Attachment 1) from Clr Mark Kitchener on the Waste 2018 Conference held in Coffs Harbour 8-10 May 2018 in accordance with Clause 3.3(e) of the Council Members – Payment of Expenses and Provision of Facilities Policy.

 

Recommendation

That Council

1.    receive the report from Clr Mark Kitchener on the Waste 2018 Conference for information.

2.    organizes a familiarization tour of Kimbriki Monavale and the West Nowra Landfill for councillors and key council personnel, to compare Kimbriki to the Shoalhaven’s landfill and gather innovative technologies, products and services to be incorporated in the proposed AWT facility and the Shoalhaven’s seven Buy Back Centres.

 

 

Options

1.    Receive the report for information

2.    Request further information on the conference

 

   


 

 Extra Ordinary Meeting – Thursday 28 June 2018

Page 74

 

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.