Ordinary Meeting

 

 

Meeting Date:     Tuesday, 26 February, 2019

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

Time:                   5.00pm

 

Membership (Quorum - 7)

All Councillors

 

 

 

Please note: The proceedings of this meeting (including presentations, deputations and debate) will be webcast and may be recorded and broadcast under the provisions of the Code of Meeting Practice.  Your attendance at this meeting is taken as consent to the possibility that your image and/or voice may be recorded and broadcast to the public.

 

 

Agenda

 

1.    Acknowledgement of Traditional Custodians

2.    Opening Prayer

3.    Australian National Anthem

4.    Apologies / Leave of Absence

5.    Confirmation of Minutes

·      Ordinary Meeting - 29 January 2019

6.    Declarations of Interest

7.    Presentation of Petitions

8.    Mayoral Minute

Mayoral Minute

MM19.2....... Mayoral Minute - Recruitment of General Manager....................................... 1

9.    Deputations and Presentations

10.  Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

CL19.25....... Notice of Motion - Australia Day Formal Endorsement as Council Policy..... 5

CL19.26....... Notice of Motion - Bomaderry Aquatic Centre Car Park Maintenance.......... 6

CL19.27....... Notice of Motion - Shower Facilities - Ulladulla............................................. 7

CL19.28....... Notice of Motion - Community Service Work Partnerships - Corrective Services 8

CL19.29....... Notice of Motion - Drainage Issues - Waratah Cres, Sanctuary Point........ 11

CL19.30....... Notice of Motion - Growth Management Strategy - Industrial Land - Sussex Inlet...................................................................................................................... 12

CL19.31....... Notice of Motion - Francis Ryan Reserve Sanctuary Point......................... 13

CL19.32....... Notice of Motion - Woodridge Estate Bangalee........................................... 14

CL19.33....... Notice of Motion - Improving Ordinary Meetings......................................... 16

CL19.34....... Question on Notice - Disbandment - Sustainable Futures Committee - Natural Resource & Floodplain Management Committee........................................ 18

11.  Committee Reports

CL19.35....... Report of the Strategy & Assets Committee - 12 February 2019................ 19

SA19.8........ Notice of Motion - “The Blockstars”!  -  FIRST Lego League

SA19.12...... December 2018 - Quarterly Budget Review

SA19.15...... Proposed Lease of Part Lot 702 DP 1024852 - West Street Nowra - Nowra Tennis Clubhouse and Courts

SA19.16...... Ratepayer Advance - 29 - 33 Elizabeth Drive Vincentia

SA19.18...... Grant of Electricity Easements - Bomaderry Sewerage Treatment Plant

CL19.36....... Report of the Nowra CBD Revitalisation Strategy Committee - 6 February 2019...................................................................................................................... 21

CBD19.6..... Bannerconda Banner Systems - Policy and Management Strategy - Southern Side Shoalhaven Bridge to Moss Street

CBD19.8..... Parking Infringements in the Shoalhaven - Parking Fine Concessions for Constituents

CL19.37....... Report of the Shoalhaven Traffic Committee - 12 February 2019............... 23

TC19.6........ Proposed Multi-Storey Carpark - Shoalhaven Hospital - Scenic Drive, Nowra (PN 3487)

TC19.7........ Proposed BB line marking and signage upgrades - Upper Kangaroo River Road, Upper Kangaroo River (PN 3532)

12.  Reports

General Manager

CL19.38....... Bi-Annual Delivery Program and Operational Plan Report - 1 July 2018 to 31 December 2018............................................................................................ 28

Finance Corporate & Community Services

CL19.39....... 2020 Local Government (Council) Elections................................................ 29

CL19.13....... Kangaroo Valley Netball Court - Relocation and Upgrade of Infrastructure 39

CL19.40....... Investment Report - January 2019............................................................... 46

CL19.41....... 2018/19 Council Borrowings - Loan Agreement.......................................... 52

CL19.42....... Authority for Cheque and Electronic Banking Signatories........................... 54

CL19.43....... 9th Australian Small Bridges Conference.................................................... 56

 

Assets & Works

CL19.44....... Roads to Recovery Program - Funding Allocation - 2019 - 2024................ 58

CL19.45....... Coffs Harbour Waste Processing Inspection............................................... 59

CL19.46....... Proposed Acquisition of land required for the Moss Vale Road South Urban Release Area Open Space......................................................................................... 61

CL19.47....... UPDATE - Shoalhaven Affordable Housing Strategy - Property Acquisition Matters...................................................................................................................... 62

CL19.48....... Proposed Purchase of Vacant Land, Nowra................................................ 63

Planning Environment & Development

CL19.49....... Development Application 18/1815 – 270 Back Forest Road, Back Forest – Lot 2231 DP 1034774.................................................................................................. 64

CL19.50....... Quarterly Update on Compliance Matters.................................................... 78

CL19.51....... Update on the Shoalhaven Animal Shelter.................................................. 86    

13.  Confidential Reports     

Reports

CCL19.2...... Proposed Acquisition of land required for the Moss Vale Road South Urban Release Area Open Space

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

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

 

CCL19.3...... UPDATE - Shoalhaven Affordable Housing Strategy - Property Acquisition Matters

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

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

 

CCL19.4...... Proposed Purchase of Vacant Land - Nowra

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

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

        

 

 

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

MM19.2      Mayoral Minute - Recruitment of General Manager

 

HPERM Ref:       D19/32046

Attachments:     1.  Proposal Local Government NSW (Confidential - councillors information folder)  

2.  Proposal McArthur (Confidential - councillors information folder)  

3.  Proposal Blackadder Associates (Confidential - councillors information folder)  

4.  Division of Local Government Guidelines for the Appointment & Oversight of General Managers (under separate cover)   

Recommendation

That:

1.      With respect to the recruitment of the position of the General Manager Council note the Mayoral Minute on the Recruitment of the General Manager and the Division of Local Government ‘Guidelines for the Appointment & Oversight of General Managers’ (July 2011).

2.    Council appoint a recruitment consultant from the following submissions received:

·    Macarthur

·    Blackadder Associates

·    LGNSW

3.    Council retain the services of the consultant to assist in the first year for performance assessment and review.

4.    Council constitute a selection panel as follows, with the appointment of the independent member to be made after Council discusses with the recruitment consultant a process for selecting an independent member.

·    Mayor

·    Deputy Mayor

·    Councillor

·    Independent Member

5.    Council work immediately (as soon as practical) with the selected recruitment consultant in a facilitated workshop to provide background information on the needs and challenges facing Shoalhaven City Council to inform the position description. At this session Councillors also agree on a process for the selection of an independent member.

6.    A further briefing be scheduled for a report back from the consultant on the position description and process for selection of an independent member.

7.    Council call for expressions of interest from interested applicants for the position of Acting General Manager.

8.    Report back to Senior Staff Contractual Matters Committee on the Acting General Manager Expressions of Interest process and appoint a candidate by 15 March 2019.

 

Details

The General Manager, Russ Pigg, has submitted in writing his intention to retire and as such terminate his employment with Council effective 10 August 2019. It is the General Manager’s intention to take approved leave from 8 April 2019. I believe I speak for everyone at Council in thanking Mr Pigg for his immense contribution to Council and the Shoalhaven community over many years.

Given this notice, in accordance with Section 334 of the Local Government Act 1993 (‘the Act’) it is necessary that Council give consideration to arranging the recruitment process for the position of General Manager.

The Office of Local Government (formerly Division of Local Government) has issued ‘Guidelines for the Appointment & Oversight of General Managers’ July 2011 (‘the Guidelines’). A copy is attached for information.

As with the appointment of any staff, Council must ensure that the appointment of the General Manager is made based on merit selection (s349 of the Act) and equal employment opportunity principles.

In accordance with the Guidelines, the Council should delegate the task of recruitment to a selection panel and approve the recruitment process.

The Guidelines stipulate the following in relation to the recruitment selection panel:

(i)       should consist of at least the mayor, deputy mayor, another councillor and a suitably qualified person independent of the council

(ii)       must have at least one male and one female member

(iii)      the membership should remain the same throughout the recruitment process

The Council needs to determine the composition of the selection panel and this report suggests that selection should occur after initial consultation with the recruitment consultant. To ensure the independence of the independent member, a discussion needs to take place with the Council members and the facilitator about a process that will ensure an independent member and therefore be reported back to council at the same time as the position description.

In addition, the Guidelines state the Council should delegate to one person (usually the Mayor) the task of ensuring:

·    the selection panel is established

·    the General Manager position description is current and evaluated in terms of salary to reflect the responsibilities of the position

·    the proposed salary range reflects the responsibilities and duties of the position

·    the position is advertised according to the requirements of the Act

·    information packages are prepared

·    applicants selected for interview are notified.

To ensure the recruitment process is as efficient as possible and attracts high quality candidates it is recommended that Council engages a suitably qualified and experienced recruitment consultant to assist with the recruitment process.

Proposals have been received from McArthur, Blackadder associates & Local Government NSW.  For the purpose of openness and transparency it is suggested that the whole Council participate in the selection of a recruitment consultant.  The whole Council is generally involved in financial matters such as contract letting, and it is considered that this process is no different.

Copies of the proposals are provided in Councillors Information Folder. These proposals be treated as Confidential in accordance with Section 10A(2)(d) of the Local Government Act 1993, because the proposals contain commercial information, the disclosure of which would be likely to prejudice the commercial position of the recruitment consultants if it was provided.

The indicative schedule for the recruitment process is as follows:

Appoint recruitment Consultant

26 February 2019

Open Expression of Interest for Acting GM

27 February 2019

Close Expression of Interest for Acting GM

7 March 2019

Consideration of EOI’s and Appoint Acting GM -

via a Senior Staff Contractual Matters Committee Meeting

12 March 2019

Workshop with consultant and Councillors

15 March 2019

Ratify position description and appoint selection panel

22 March 2019

Advertising of the position (4 weeks or as recommended by consultant)

 

Shortlisting, interviews and checks undertaken

by end of May 2019

Report to Council

June 2019

The delegation of the recruitment process to the selection panel is not intended to fetter the function of Council as a whole to appoint the next General Manager. It is proposed that the selection panel provides a confidential report to the June Ordinary Meeting that:

·    outlines the selection process

·    recommends the most meritorious applicant with reason

·    recommends an eligibility list if appropriate

·    or recommends that no appointment is made if the outcome of interviews is that there are no suitable applicants

It is proposed that the Mayor acts as the chair of the selection panel and a term of reference is established for the selection panel. All decisions of the selection panel are to be on a consensus basis and if consensus cannot be reached during any stage of the recruitment process then the matter is to be referred to Council to be resolved.

Section 336 of the Act requires that if a vacancy occurs in the position of General Manager, the Council appoints a person to the vacant position or appoints a person to act in the vacant position. Given Mr Russ Pigg has provided notice that he will retire effective of 10 August 2019 and will commence leave from 5 April 2019 Council needs to appoint an Acting General Manager for the period of 5 April 2019 until the commencement date of the new General Manager. 

The Council has a number of options that it can consider in appointing an Acting General Manager.

1.   To seek a candidate from outside of the organisation to fill the ‘vacancy’.

2.   To make an internal ‘directed’ appointment.

3.   To seek expressions of interest from interested staff within the organisation and make an appointment from those interested.

This report seeks the support of Council to undertake an expression of interest process that encourages a candidate from within the organisation who would like the opportunity to act in this substantial role. Candidates that are not intending to apply for the position are to be encouraged to express an interest, this will encourage all perspective candidates to apply and not just limit to those who will be applying for the permanent position. In adopting this approach, it will assist Council in understanding where talent and ambition are within the organisation that can be fostered into the future. In running an expression of interest process Council embarks on a more accountable pathway that doesn’t necessarily favour a prospective candidate for the position. 

Upon appointment of the Acting General Manager and in accordance with the Act, Council will delegate the authorities of the General Manager following Mr Pigg’s departure until such time the position is filled on a permanent basis.  


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.25     Notice of Motion - Australia Day Formal Endorsement as Council Policy

 

HPERM Ref:       D19/30708

 

Submitted by:    Clr Greg Watson

Clr Mitchell Pakes

Clr Andrew Guile   

Purpose / Summary

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

 

Recommendation

That

1.    Council adopt a formal policy of strongly supporting the celebration of Australia Day being held on the 26th of January.

2.    The General Manager write to the Prime Minister and the Leader of the Opposition outlining Council’s strong support for the retention of Australia Day, and associated celebrations being held on the 26th January

 

 

 

Note by the General Manager

Currently, Council financially supports various community groups with their Australia Day functions held on 26th January. The Mayor and some councillors attend some functions. The Council Awards event is held on an evening prior to Australia Day, which is a common practice, and allows the Award recipients to celebrate with family and friends on Australia Day to their choosing.

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.26     Notice of Motion - Bomaderry Aquatic Centre Car Park Maintenance

 

HPERM Ref:       D19/51549

 

Submitted by:    Clr Greg Watson   

Purpose / Summary

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

 

Recommendation

That Council carry out urgent maintenance on the Bomaderry Aquatic Centre Car Park and place the carpark on the Works Programme for reconstruction and sealing.

 

 

Note by the General Manager

The carpark will be inspected to assess the extent of urgent maintenance required and work undertaken as needed.

At present, the Bomaderry Aquatic Centre has 25 sealed and line marked parking bays, including two (2) designated accessible parking spaces adjacent to the Centre.  The northern area of the car park, which is currently unsealed, is utilised as overflow by patrons during busy periods and is maintained / graded on an annual basis. 

Additional sealing is not currently listed in the capital works programme but cost estimates will be prepared and noted for future budget consideration.


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.27     Notice of Motion - Shower Facilities - Ulladulla

 

HPERM Ref:       D19/42948

 

Submitted by:    Clr Mark Kitchener   

Purpose / Summary

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

 

Recommendation

That Council install two self-regulated cold water showers, one in the Council car park in Rennies Beach Close Ulladulla, where plumbing infrastructure already exists and the other in the Council car park in Deering Street Ulladulla, known locally as the Bombie car park, where plumbing infrastructure is 200 meters away at Light House oval.

 

 

Background

These are two highly frequented locations in the middle of Ulladulla but beach goers are unable to wash the sand and salt from their bodies after a swim.

 

Note by the General Manager

Cost estimates may be available at the meeting.

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.28     Notice of Motion - Community Service Work Partnerships - Corrective Services

 

HPERM Ref:       D19/43791

 

Submitted by:    Clr Joanna Gash   

Purpose / Summary

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

 

Recommendation

That Council through the GM and Mayor instigate a meeting at the earliest opportunity with the following to discuss the way forward in activating programs for those offenders who are eligible to work outside on community programs:

1.    Mr Mick Reid (Governor of South Coast Correctional Centre)

2.    Mr Darren Hill (Correction Services Operation Manager)

3.    Ms Donna Hume (Manager of Offenders Services Programs)

4.    Ms Cathy Bland (Community Correction Manager)

5.    Clr Gash

6.    Clr Watson

7.    Director of Assets & Works

8.    Economic Development Officer

 

 

Background

In November of last year at my first meeting as Rep. to the correction centre the above matter was discussed and interest was expressed. At the recent meeting on 30 January a further detailed discussion took place whereby I agreed to request Council to arrange such a meeting of the relevant parties to progress this initiative.

I understand some work has already been done with Council’s Parks Operations Unit regarding the offenders program.

 

Note by the General Manager

At the Ordinary Meeting 29 January 2019 Council resolved (MIN19.17):

That a report be provided to Council on additional operational areas in which Council, as a community service work partner, can work with Corrective Services NSW Community Corrections Agency to provide opportunities for offenders to contribute to improving assets in the community, as well as providing effective cost savings to Council.

 

The Corrective Services NSW Operations Procedures Manual Section 8.30 Charter for Community Consultative Committees, can be found at the following link:

https://www.correctiveservices.justice.nsw.gov.au/Documents/custodial-op-proc-manual

 

The following has been extracted from the manual for Councillors’ convenience:

Policy Overview

Corrective Services NSW is committed to maintaining Correctional Centre Community Consultative Committees and developing government and community agency partnerships to build mutually beneficial alliances with local communities.

Purpose

To outline the procedures for the establishment and operation of voluntary Community Consultative Committees at each correctional centre.

To establish the role of the committee which is:

•        to assist in the development and maintenance of a positive relationship with the local community

•        to provide a forum for local community consultation and comment on correctional programs and procedures

•        to facilitate the involvement of the local community in correctional centres programs

•        to provide a mechanism to identify appropriate programs in which the correctional centre can participate and assist in the local community

•        to assist in the establishment of worthwhile community partnerships.

8.30.2 Composition of the Committee

The committee shall comprise a minimum of five members and a maximum of nine members, including the General Manager (GM) of the correctional centre.

Committee membership should seek to be representative of the local community and be balanced in terms of the groups represented.  Where practicable the committee should include a representative from at least two of the following areas:

•        the magistracy

•        courts administration

•        local government

•        the police

•        Community Offender Services

•        local agencies and organisations providing services to offenders

•        local residents

•        the council

•        local hospitals

•        local industry.

Efforts should also be made to recruit committee members from Aboriginal and culturally and linguistically diverse groups where these groups comprise a significant part of the inmate population.

 

The South Coast Correctional Centre Community Consultative Committee meets on the last Wednesday of every 2 month(s) effective 31/01/2018 until 31/12/2018 from 2:00pm to 3:00pm.

 

The committee consists of the following members;

Mr. Mick Reid, Governor, South Coast Cluster

Mr Darren Hill, Acting Corrective Services Industries Operations Manager, South Coast Correctional Centre

Ms. Ms Donna Hume, Manager of Offender Services & Programs, South Coast Correctional Centre

Mr. Paul Goodwin, Managing District Officer, District Operations, South Coast TAFE

Ms Fiona Sneath – Deputy Commander HMAS Albatross

Ms. Robbie Collins, Head Shoalhaven Campus, University of Wollongong

Ms Robyn Edwards, Business Manager, South Coast Correctional Centre

Ms. Judy Harper, Regional Manager Southern, Australian Red Cross

Mr. Stuart Emslie, Acting Ops Manager/Deputy Director of Nursing, Shoalhaven District Memorial Hospital

Mr Sean Doolan Station Officer, Shoalhaven Fire Station

Ms Jade Heng, Principal Engagement Officer Prison Bed Programming, NSW Department of Justice

Ms Amanda Buck, Project Officer Prison Bed Capacity Program – Corrective Services NSW

Mr Gary Pudney, Senior Solicitor, Aboriginal Legal Service

Clr Jo Gash

Clr Greg Watson

So far this year the Director Assets and Works has been inadvertently excluded from meeting invites; this has now been rectified. The Director will invite along Council staff as appropriate.


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.29     Notice of Motion - Drainage Issues - Waratah Cres, Sanctuary Point

 

HPERM Ref:       D19/51519

 

Submitted by:    Clr Bob Proudfoot   

Purpose / Summary

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

 

Recommendation

That the drainage issue regarding ‘flash flooding’ at 153-157 Waratah Crescent Sanctuary Point be addressed urgently, and at no cost to the residents, by implementing the following measures:

1.    Raise the crest of the nature strip by around 200mm at the said location.

2.    Construct essential kerb and guttering, and minor road surface rehabilitation, adjacent to the three properties in question.

3.    Ensure that the nearby open drain (creek) is included in a regular maintenance programme which includes the removal of rubbish, silt, tree roots and dead vegetation.

 

 

Background

This particular invasive flood water location is a direct result of a local Sanctuary Point stormwater management plan, which enables the urban run-off from many properties and road networks to the west, to drain through the nearby golf course to the flooding flashpoint, as well as floodwaters making their way across many residential properties to the inundated sites. Council did assist with this crisis issue by improving the quality of the drainage system downstream, and part of the commitment was to include the points in the Notice of Motion as part of the stormwater catchment plan. The cost of funding the Notice of Motion is minimal and can be paid for from either the existing drainage budget or from other savings that have occurred in similar projects.

 

Note by the General Manager

Cost estimates may be available at the meeting.


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.30     Notice of Motion - Growth Management Strategy - Industrial Land - Sussex Inlet

 

HPERM Ref:       D19/52259

 

Submitted by:    Clr Bob Proudfoot   

Purpose / Summary

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

 

Recommendation

That as part of the Growth Management Strategy process a full review of the supply of industrial land at Sussex Inlet take place. The review would focus on, but not be restricted:

1.    More viable short-term uses leading to greater investment and employment opportunities.

2.    The likelihood of industrial development occurring in the short to medium term, or in fact occurring at all.

 

 

Background

There is a view in the community that the supply of industrial land in Sussex Inlet far outstrips future needs, and by changing to a more appropriate use far greater business opportunities will flow.

Employment opportunities in the present time should not be sacrificed for the speculation that industry may choose to set up some time in the future.

 

Note by the General Manager

The Growth Management Strategy review process is underway, with the exhibition of an initial Discussion Paper concluding in January 2019. The next steps in this review process will be discussed with Council shortly. The GMS review does provide the opportunity to consider and review whether there is sufficient employment land (including industrial) for the future. The Discussion Paper contains a specific section on the ‘Supply of employment land’ and posed a number of questions in this regard. As such the GMS is the appropriate strategic vehicle to consider industrial land demand/supply at Sussex Inlet. However, in this regard it is noted that there are specific NSW Government plans/polices in place that seek to protect existing zoned industrial land, much of the existing industrial zoned land at Sussex Inlet is within the buffers to the existing sewerage treatment plant/former rubbish depot, and there are existing underutilised commercial zones in the Sussex Inlet CBD.

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.31     Notice of Motion - Francis Ryan Reserve Sanctuary Point

 

HPERM Ref:       D19/52270

 

Submitted by:    Clr Bob Proudfoot   

Purpose / Summary

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

 

Recommendation

That the double-gate entry for large vehicles on the south-western end of Francis Ryan be widened by a sufficient margin to allow for comfortable access to the playing fields.

 

 

Background

The current situation is most unsatisfactory with emergency service vehicles struggling to negotiate their way through the opening. Last year, at the Spring into Sanctuary Point, a horse-float became wedged in the gateway as it attempted to exit the reserve. It took quite some time to free the float, which was damaged in the process.

 

Note by the General Manager

Council staff will attend to widening of the gate as an operational matter.

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.32     Notice of Motion - Woodridge Estate Bangalee

 

HPERM Ref:       D19/51831

 

Submitted by:    Clr Andrew Guile   

Purpose / Summary

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

 

Recommendation

To assist land owners in the Woodridge Estate Bangalee wherever possible upon the recent changes to the Biodiversity Act, that

1.    Council accept the position put forward by OEH in regard to multiple Development applications for an individual property, being that each application will generate its own individual threshold for clearing when the application is being assessed as the only outstanding application for an individual property.

2.    Each individual test of significance will be the principal determinant in regard to potential cumulative impact until such time as firm direction is provided in this regard by the Office of Environment and Heritage or other relevant agency.

3.    The General Manager investigate the potential with the Department of Planning for upsizing the minimum lot size given the effect of the recent legislative change and, if appropriate, prepare a planning proposal to bring about this change and request a Gateway determination.

 

 

Background

You purchase your dream block of land in Bangalee and with little or no notice, the law changes and all of a sudden you are hit with extra costs of compliance with that legislation – even to the point of wondering if it is at all possible to comply and whether it was all worthwhile or not.

Prior to purchase, as part of the contract of sale, owners received the ‘Planning certification under section 149 Environmental planning and assessment act 1979’ from Shoalhaven City Council that stated:

•    Section 9a, the land is not biodiversity certified land.

•    From the EMP, it was noted that:

•    Section 1.3.5 'there are no endangered ecological communities currently listed in lot 1433'

•    Section 1.4.1 'No threatened flora species have been recorded during any of the targeted or general surveys'

•    Section 1.8 'Most of the project area has been significantly disturbed through logging, haul track creation, clearing and under scrubbing. This has reduced the vegetation structure, complexity, age and hence habitat values'

Then, the new Act took hold.

Biodiversity studies and credits can cost many thousands of dollars.  Money that families wanting to move to the Shoalhaven just do not have.

So where do these problems originate?  A vendor who sells the land?  Council whose job it is to approve development applications?  Or is it the State Government who introduced this legislation?

Ultimately, it is every member of the NSW Parliament that votes for these laws who must be held responsible.  It is all very well for Ministers to intimate that Councils have powers and are responsible to their constituents.  Reality is that we are governed by the laws put in place by the State.  In this case, they seem to have little regard for the aspiring residents of the Woodridge Estate.

Some owners made it through under the old rules.  Neither is there a moral justification for the shifting of the goal posts or is there any discretion, power or influence that our Council can invoke to dramatically alter the outcomes however we might try.

At the moment, all we can really do is tinker around the edges which is effectively what this resolution seeks to do.

There is no way to turn off the Biodiversity Act, with suggestions from our staff to OEH being met with a negative response.

The issue is that the development footprint for most dwellings/access driveway and waste disposal area is above the 2500m2 threshold, thus generating offset calculation. A typical size for development envelope is 3500-4000m2. On the positive side, if the original dwelling development footprint is below 2500m2, then any subsequent applications will benefit by having its allocation for calculating threshold.

Should we just try and change the minimum lot sizes?  The challenge is that these Lots are created, are now in different ownership and a fair percentage have been developed.  To support a Planning Proposal for an increase in minimum lot size, Council must address a number of Ministerial considerations, one of the primary ones being strategic merit and demonstrated strategic policy supporting the proposal.  Further, there are some larger, 2 hectare allotments in the subdivision that would have development potential taken away if the minimum lot size was increased.

Therefore, we should be cautious in how we approach this, hence the suggestion to investigate this with Planning NSW.

 

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.33     Notice of Motion - Improving Ordinary Meetings

 

HPERM Ref:       D19/52552

 

Submitted by:    Clr Andrew Guile   

Purpose / Summary

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

 

Recommendation

That

1.    The code of meeting practice be amended to include a procedural motion to prioritize the business of the meeting within the adopted Code of Meeting Practice.

2.    This procedural motion be termed a ‘Call over’ of the business paper

3.    It occur immediately after declarations of interest

 

 

Background

The purpose of a ‘call over’ is to allow the Council to prioritize matters on the agenda within the adopted policy for the conduct of meetings.

Councillors would be invited by the Mayor to nominate those items to be extracted for questions, discussion, debate and decision.

Numerous matters of interest to members of the public (present in the Gallery or viewing online), staff and Councillors are uncontroversial and are carried without debate.  By indicating early in the meeting which matters will be examined and discussed in more detail, it assists people to manage their time effectively.  The same procedural motion should also bring forward those items that are the subject of deputations.  In the interests of further creating expectations as to the procedure of the meeting, Councillors might also be invited to indicate if they will be moving matters of urgency later in the meeting.  This should not be the time to flag what those matters might be.

The remaining items that are not brought forward in the procedural motion should be moved together after the Mayoral Minute and Councillor Notices of Motion.  This gives Councillors a chance to extract further items should it be necessary.

 

Note by the General Manager

There is no legal impediment to a ‘Call Over’ of items being dealt with procedurally at a meeting.

The Council can either alter the Order of Business procedurally during a meeting or by amending its resolved Order of Business for all meetings.

The current Order of Business adopted by the Council on 25 September 2018 is as follows:

“1.Acknowledgement of Traditional Custodians

2.Opening Prayer

3.Australian National Anthem

4.Apologies/Leave of Absence

5.Confirmation of Minutes 

6.Declarations of Interest

7.Presentation of Petitions

8.Mayoral Minutes

9.Deputations & Presentations

10.Notices of Motion and Questions on Notice

11.Report of Committees (** matters requiring council resolution)

12.Report of the Shoalhaven Traffic Committee

13.Officers Reports 

14.Addendum Reports

15.Confidential Report of the General Manager

*If any items of business require attendance of specialist staff (e.g. Legal, Insurance, Property) then Council will generally consider those items following the Deputations

**Any matters from Committee Reports that can be dealt with by delegation at either Development or Strategy & Assets Committee will be referred to those committees.”

The Model Code of Meeting Practice at Part 13. Dealing with Items by Exception’ provides Non – Mandatory Provisions for Council to consider for inclusion in the New Code of Meeting Practice with respect to dealing with items ‘en block’ or ‘en globo’.

A Draft Code of Meeting Practice will be provided to the Council for consideration in March 2019.

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.34     Question on Notice - Disbandment - Sustainable Futures Committee - Natural Resource & Floodplain Management Committee

 

HPERM Ref:       D19/52443

 

Submitted by:    Clr Kaye Gartner   

Question

At Ordinary Meeting September 2018, Council voted to disband the Sustainable Futures Committee and the NRFMC, absorbing the functions of the NRFMC into the S&A committee.

Could staff provide information on the level of community response to these decisions please.

1.         How much correspondence was received?

2.         How many letters opposed the decision?

3.         How many supported the decision?

4.         How many letters were from individuals?

5.         How many were form Community groups?

 

Response

1.       173 submissions were received

2.       All opposed the decision

3.       Nil supported the decision

4.       161 submissions were from individuals

5.       12 submissions were from Community Groups

  


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.35     Report of the Strategy & Assets Committee - 12 February 2019

 

HPERM Ref:       D19/46779

 

SA19.8       Notice of Motion - “The Blockstars”!  -  FIRST Lego League

HPERM Ref: D19/33603

Recommendation

That Council

1.    Provide the Blockstar students with a donation of $5,000.00 from Council’s unallocated donations to assist with costs to attend and complete in the USA Open International Tournament in California in May 2019.

2.    Write to the Blockstar students and congratulate them on their success in the FIRST Lego League during 2018.

3.    Request the Blockstar Students to make a presentation to Council following their participation in the US Open International Tournament.

 

 

SA19.12     December 2018 - Quarterly Budget Review

HPERM Ref: D19/29638

Recommendation

That Council

1.    Receive the December Quarterly Budget Review information

2.    Adopt the adjustments, as outlined in the December Quarterly Budget Review document.

 

 

SA19.15     Proposed Lease of Part Lot 702 DP 1024852 - West Street Nowra - Nowra Tennis Clubhouse and Courts

HPERM Ref: D19/15632

Recommendation

That Council resolve to:

1.    Enter into a one (1) year lease agreement over Part Lot 702 DP 1024852, West Street Nowra, with a three (3) year option period with Schizophrenia Fellowship NSW Ltd trading as One Door Mental Health at a commencing rent of $3,904.40 pa plus GST with annual CPI increases, and a court resurface contribution (2 tennis courts) of $3,090.00 pa.

3.    Approve the allocation of court resurface contribution (2 courts) of $3,090.00 under the lease agreement into the Restricted Asset Account for this facility.

4.    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 this resolution.

 

Note by the General Manager:

Users of the four northern tennis courts will only be able to access toilets within the “Tennis Club House” during office hours, when One Door are there. Outside of these hours (i.e. weekends etc.) users will need to access the public toilets in the Showground. This has been the ongoing practice since early 2017 without issue.

Wheelchair Sport NSW relocated its NSW wheelchair tennis tournament to Canberra in 2017. Council is not aware of any other wheelchair organisation currently using the courts. The arrangement as proposed does not affect the ability for patrons in wheelchairs to continue to access and/or utilise the four northern courts.

 

 

SA19.16     Ratepayer Advance - 29 - 33 Elizabeth Drive Vincentia

HPERM Ref: D19/25613

Recommendation

That

1.    Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council, with:

a.    D J Talbert, 29 Vincentia Drive, Vincentia in respect of Kerb and Gutter construction to the value of $5,852.16 (advance) of which $1,859.28 is the contribution, $3,992.88 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $4,991.10.

b.    A R & S L Smith, 31 Vincentia Drive, Vincentia in respect of Kerb and Gutter construction to the value of $5,852.16 (advance) of which $1,859.28 is the contribution, $3,992.88 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $4,991.10.

c.    F L Camm, 33 Vincentia Drive, Vincentia in respect of Kerb and Gutter construction to the value of $5,852.16 (advance) of which $1,859.28 is the contribution, $3,992.88 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $4,991.10.

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

 

 

 

SA19.18     Grant of Electricity Easements - Bomaderry Sewerage Treatment Plant

HPERM Ref: D19/15911

Recommendation

That:

1.    Council resolve to grant the following easements for electricity purposes over Council land Lot 1 DP572583 at Railway Street, Bomaderry:

·   An Easement for Underground Cables 3 wide, marked (E) on the attached plan.

·   An Easement for Padmount Substation 2.75 wide, marked (P) on the attached plan.

·   A Restriction on the use of land variable width, marked (R) on the attached plan.

The easements are also highlighted yellow on the attached plan.

2.    Costs associated with the transaction be met from Council’s Sewer Fund. The Easement and Restriction are to be granted at $nil consideration.

3.    The Common Seal of the Council of the City of Shoalhaven be fixed to any document required to be sealed.

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.36     Report of the Nowra CBD Revitalisation Strategy Committee - 6 February 2019

 

HPERM Ref:       D19/47813

 

CBD19.6    Bannerconda Banner Systems - Policy and Management Strategy - Southern Side Shoalhaven Bridge to Moss Street

HPERM Ref: D19/23187

Recommendation

That:

1.    The Nowra CBD Revitalisation Strategy Committee not proceed with purchase and installation of the Bannerconda system for the Princes Highway from the Shoalhaven River Bridge to Moss Street, Nowra.

2.    Council write to the RMS requesting that the Shoalhaven River Bridge Upgrade Project include the installation of Banners (such as or similar to a Bannerconda® system) on the highway, both north and south of the Bridge, with Council being prepared to be involved in the ongoing management of the Banners.

3.    Council amend the Nowra CBD Banner Policy (POL16/243) Clause under Part 4 which reads:

Advertising of tobacco products, alcohol or drugs will not be permitted.

To read as follows:

Advertising of tobacco products, alcohol and ‘political materials’ will not be permitted.

 

 

CBD19.8    Parking Infringements in the Shoalhaven - Parking Fine Concessions for Constituents

HPERM Ref: D18/434301

Recommendation

That Council reduce penalty notice charges for overtime carparking, overtime street parking and not stand vehicle within marked space by 25% as suggested by the State Government.

 

Note by the General Manager:

The NSW Government has suggested Councils may be able to reduce the following parking fines by up to 25%:

1.   Park continuously for longer than permitted ($112)

2.   Park without current ticket displayed

3.   Park after ticket expired

4.   Stand vehicle in area longer than allowed ($112)

5.   Stop in restricted parking area ($112)

6.   Park after meter expired

7.   Not stand vehicle in marked parking space ($112)

8.   Remain in ticket-operated loading zone after ticket expired

9.   Park without current loading zone ticket

10. Park without paying meter fee

Of the 10 penalties put up by the Minister for possible reduction, only three of these apply in the Shoalhaven (Items 1, 4 and 7 in the above list). We have no paid parking in the Shoalhaven nor are we considering such a proposal at this point in time.

The penalties under consideration for review relate mainly to timed parking. The following areas are implicated within the city:

(a)  Nowra: In Nowra CBD it relates to the Council-managed parking areas (Stewart Place and Egans Lane) which provide 2-3 hours of free parking. Council staff also monitor some of the private carparks at the request of the owners (i.e. Stockland Nowra, Nowra Mall, Aldi etc). There is also timed street parking, and this varies from 15 minutes up to 1 hour. 

(b)  Berry: In Berry it relates to the Council-managed parking areas (Albert Court and Princess Street) which provide 3 hour free parking. There is also timed street parking, and this varies from 15 minutes up to 3 hours.

(c)  Huskisson: In Huskisson it only relates to timed street parking and this varies from 30 minutes up to 2 hours. The Council-managed car parks in Owen Street, Currambene Street and White Sands are all day parking with no restrictions.

(d)  Ulladulla and Milton: In Ulladulla and Milton it relates to the Council-managed parking areas (Boree Street East, Boree Street West, South Street, Wason Street, etc) which provide 1-3 hours of free parking. Council staff also monitor some of the private carparks at the request of the owners (i.e. Aldi and Coles car parks). There is also timed street parking, and this varies from 15 minutes up to 2 hours. 

The purpose of timed parking is to turn over spaces so that business in the town centres can benefit. The current fine for overstays is $112.00 and this does act as a deterrent. This results in people being more likely to move their vehicles, freeing up space for others to do their business in town.  Reducing the fee by 25% (i.e. to $84.00) does reduce the deterrent effect and it should be noted that a vehicle can only be booked once a day in a given space.  Fines are only issued to vehicle owners who overstay the time having regard to a “grace” period of at least 10 minutes.

Based on the 2017/2018 financial year, these penalties provided $228,704 in income and this represented 26.8% of the total income from parking infringements. If Council reduces the fines from $112.00 to $84.00, this will result in a $57,176 reduction in revenue (i.e. 2,042 x $28.00 = $57,176).

If Council considers a reduction in fine income of this magnitude it needs to be acknowledged that the general ratepayers of the City will cover this decrease, otherwise Council would need to also reduce staff hours to reduce expenditure.

 

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.37     Report of the Shoalhaven Traffic Committee - 12 February 2019

 

HPERM Ref:       D19/45002

Attachments:     1.  TC19.6 - Proposed Multi-Storey Carpark - Shoalhaven Hospital

2.  TC19.7 - Proposed BB line marking and signage upgrades - Upper Kangaroo River Road, Upper Kangaroo River  

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

 

 

TC19.6       Proposed Multi-Storey Carpark - Shoalhaven Hospital - Scenic Drive, Nowra (PN 3487)

HPERM Ref: D19/39597

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the following modifications to the proposed interim parking arrangements 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 shown on the attached plans:

·    Removing 2 proposed on-street disabled parking spaces west of the proposed construction access

·    Removing 3 existing on-street parallel parking spaces east of the proposed construction access

 

TC19.7       Proposed BB line marking and signage upgrades - Upper Kangaroo River Road, Upper Kangaroo River (PN 3532)

HPERM Ref: D19/39611

Recommendation

That the General Manager (Director Assets and Works) requested to arrange for the installation of approximately 365m of BB centreline marking and associated curve warning signage on Upper Kangaroo River Road approximately 100m from Moss Vale Road, as detailed in the attached plan.

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 


 


 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

PDF Creator 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.38     Bi-Annual Delivery Program and Operational Plan Report - 1 July 2018 to 31 December 2018

 

HPERM Ref:       D19/33974

 

Group:                General Manager's Group 

Section:              Executive Strategy 

Attachments:     1.  First Bi-Annual Report - July to Dec 2018 (under separate cover)   

Purpose / Summary

The purpose of this report is to provide information on how the organisation has performed against targets in the Delivery Program and Operational Plan during the last six months of the 2018/19 financial year commencing 1 July 2018.

 

Recommendation

That the report of the General Manager (Executive Strategy) regarding progress to 31 December 2018 on the 2017/2021 Delivery Program and 2018/2019 Operational Plan be received for information, endorsed and published on Council’s website.

 

 

Options

1.    As recommended

Implications: Council will meet its legislative requirements under the Local Government Act and inform the community of progress towards Community Strategic Plan Key Priorities.

 

2.    Adopt the recommendation and seek a further report on specific aspects of the six monthly report

Implications: Additional staff resources required to produce additional information

 

Background

Attached (Attachment 1) is the six-monthly progress report on the Delivery Program and Operational Plan. The Bi-annual Report provides a snapshot of how the organisation has performed against targets during the first six months of the 2018/2019 financial year. Most Goals are ‘on’ target and have associated comments describing the work completed over the past two quarters. Three of the 57 four-year Goals require attention; comments have been provided to address what will be done in the next quarter to help bring these Goals back on target. Highlights for each Key Priority have been provided to document the range and depth of work currently being completed.

 

Community Engagement

Community engagement on the development of the Delivery Program and Operational Plan is maintained through the feedback mechanism provided by this report.

 

  


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.39     2020 Local Government (Council) Elections

 

HPERM Ref:       D19/17660

 

Group:                Finance Corporate & Community Services Group 

Section:              Human Resources, Governance & Customer Service 

Attachments:     1.  OLG Circular 18-43 - Council decisions on the administration of the September 2020 elections

2.  Frequently asked Questions -  Administration of the September 2020 elections (under separate cover)

3.  OLG Circular 19-02 - IPART review of the costs of conducting Local Government Elections   

Purpose / Summary

To seek a Council Resolution by the required date of 11 March 2019 on how the 2020 Local Government Elections in the Shoalhaven will be administered.

 

Recommendation

That Council resolve that:

 1.      Pursuant to s.296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2.       Pursuant to s.296(2) and (3) of the Act, as applied and modified by s.18, that a Council poll arrangement be entered into by contract for the Electoral Commissioner to administer all Council polls of the Council.

3.       Pursuant to s.296(2) and (3) of the Act, as applied and modified by s.18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

4.       That the contract be finalised by 11 June 2019 (15 months before the scheduled election) subject to:

a.    The cost estimate from Electoral Commission NSW being presented to, and accepted by the Council, and

b.    Any alternative requirements enacted by legislation passed or directives from the Office of Local Government received before that time (as foreshadowed in Office of Local Government Circular 19-02).

 

 

Options

1.    Engage the Electoral Commission NSW (NSWEC) to conduct the Election (as recommended) with contractual negotiations being subject to a cost estimate being accepted by the Council and any legislative amendments arising from the announcement of an IPART review of the NSWEC Election charges.

Implications: This would result in the continuation of the successful arrangement in 2016 to outsource the Local Government Election. This option will not require additional internal resourcing and provides the least risk for Council. A decision before 11 March 2019 will meet the current legislative requirements; however, the recommendation as proposed will allow flexibility for the Council to reconsider its options depending on cost estimates and changes to legislation.

 

2.    The General Manager administers and conducts the election by one of the following methods detailed in the report.

a.    The General Manager to administer the election personally

b.    The General Manager will engage an electoral services provider

Implications: Either option would require the engagement of additional internal resources for the Council and holds a greater risk for the Council. At the time of the report the Council has not been approached by any election services provider other than the NSWEC.

 

3.    That the Council not make a decision on the election at this time and await further advice from the Office of Local Government (OLG).

Implications: This would not comply with current legislative provisions.

 

Background

The current provisions (Section 296AA) of the Local Government Act, 1993 (LGA), outlines that

·    Councils must resolve, by 11 March 2019, how their September 2020 Ordinary Elections are to be administered.

·    The options for the administration of the Council’s elections, polls and referenda are to either:

engage the NSWEC, or

resolve that the Council’s elections are to be administered by the General Manager of the Council.

·    Councils who choose to engage the NSWEC must enter into a contract for the provision of election management services by 11 June 2019.

·    If a Council fails to make a decision on the administration of its elections, polls and referenda by 11 March 2019, it will not be able to engage the NSWEC to administer its ordinary election and it will be required to make its own arrangements for the administration of its elections.

Further details of the engagement of the conduct of elections are outlined in the OLG Circular 18-43 – ‘Council decisions on the administration of the September 2020 Elections’  (Attachment 1) and ‘Administration of the 2020 Elections - Frequently Asked Questions’ (Attachment 2).

On 8 February 2019 OLG released Circular 19-02 IPART review of the costs of conducting Local Government elections and extension of the deadline for Councils to make a decision on the administration of their elections’ (Attachment 3)

Circular 19-02 advises that the Government has approved a review by the Independent Pricing and Regulatory Tribunal (IPART) of the costs of conducting Local Government elections in NSW. The terms of reference for the review are outlined in the Circular. It further advises: “As the outcomes of the IPART review may impact on the administration of the September 2020 Council elections, it is proposed to introduce legislation in the first parliamentary sitting period of 2019 following the NSW State Election to amend the Local Government Act 1993 (the LGA) to extend the deadline for councils to make a decision on the administration of their elections under sections 296AA and 296. This deadline will be extended to 1 January 2020.”

It is noted the intention is to introduce legislation after the 23 March 2019 NSW State Government Elections. Regardless of this intention, it is considered that the Council remains obliged to comply with current legislation and make a decision by 11 March 2019. In order to address this unusual situation, the recommendation proposes qualifications to the decision prior to entering into a contract. A further report will be provided to Council once the estimate is received and/or legislative change is introduced, to allow the Council to consider all available options at that time.

The Local Government Amendment (Elections) Act 2011 was passed by the NSW Parliament and commenced on 27 June 2011. The amendments removed the mandate of the NSWEC to run local government elections, and instead returned the responsibility to councils (section 296).

In 2012 Council resolved to conduct their own election and the firm Australian Election Company was engaged to provide electoral services. The final cost for the election was $375,173. 

In 2016 the NSWEC was engaged to conduct the election for Shoalhaven City Council and the costs for the election were $515,562 ex GST. This was $67,624 less that the estimated cost of $583,186.

The options available to Council for the administration of the election are as follows:

 

1.         Engage the Electoral Commission NSW

Advice from OLG is that Council should only resolve to administer its own elections if it is confident that it has the capacity to do so. Most Councils use the NSWEC as they have the expertise, resources and experience to administer Local Government elections.

This would be the simplest approach and separates responsibilities from the Council and Council staff, as the NSWEC engagement is to manage and conduct the complete election process and is the lowest risk option to Council.

Under this option, NSWEC would also manage complaints or protests arising from the elections, rather than the General Manager and staff, as would be required under other options.

Council has yet to receive a preliminary estimate from the NSWEC and for that reason the proposed report recommendation makes it conditional on the acceptance of the estimate once received.

The Local Government Act exempts the need to call tenders if the NSWEC is engaged.

 

2.         The General Manager administers the election by engaging a third-party company

Council has not received any correspondence, offers or quotations from private companies who have the capacity to run a Local Government election.

The legislation states that if Council decided to conduct their own election, then the General Manager has the responsibility for administering the elections even if a private company is engaged.

The cost to conduct an election for the Shoalhaven Local Government Area exceeds the $150,000 tender limit and therefore Council will need to call for tenders prior to officially engaging any private company to conduct the elections on Council's behalf. This is not required if the NSWEC is engaged. To avoid calling tenders Council would have to resolve, using the provisions of the Act & Regulations, that tenders would not be called because of extenuating circumstances or on the basis of unavailability of competitive or reliable tenderers.

Since 2012 when Council last administered the election, there has been structural change within the organisation, and as part of this the previous role of Executive Support Manager has now been amalgamated with the position of Public Officer to form the position of Unit Manager – Governance. The amalgamation of these roles has achieved anticipated efficiencies for Council but has removed the capacity for this role to replicate the level of support provided by the previous Executive Support Manager to the election in 2012, which included coordinating Returning Officer facilities and venues for pre-polling and polling booths and general support to the Returning Officer for the running of the election.

For the 2016 Local Government Elections the Unit Manager – Governance provided support and assistance to the General Manager in the administrative tasks that were required despite the engagement of the NSWEC which included:

-     Assistance with the location of suitable premises for the Returning Officer, Pre- Poll and Polling venues

-     Advertising

-     Non–Residential Roll Management

-     Providing information for staff and the public, including website updates.

-     Responding to enquiries from the public and candidates

-     Liaison with the NSWEC

Should Council determine that the 2020 Elections will be administered by the General Manager and engage a third-party company to conduct an election, additional staff resourcing will be required.

 

3.         The General Manager administers the election without engaging a third-party company

It is an option for Council to conduct the election with the General Manager assuming responsibility for its conduct. Implicit in this provision is the expectation that the General Manager would need to be aware of legislation and ensure the adequacy of all mechanisms to facilitate compliance with the Local Government Act. As indicated previously, the NSWEC has indicated that it would provide limited assistance, and the Returning Officer would be responsible for the development of all manuals, forms, training programs, and appointment of polling officials. 

In considering this matter, Council should be aware that it does not have the resources available for the development of the necessary Group Voting software required for the count.   A further factor that needs to be considered is that since Council staff last conducted an election in 1991, a significant amount of in-house election knowledge and experience is no longer available given the retirement of many experienced staff. In addition, Council no longer retains equipment such as ballot boxes, voting screens and other equipment necessary for the conduct of an election.

If Council were to resolve to have the General Manager administer the 2020 Election, it should be noted that additional staffing would be required and the staff involved would be required to contribute significant time to re-establishing the resources required within the organisation to successfully undertake such a venture. Other projects and services that these staff are currently employed to carry out would no doubt suffer as a result of this additional workload, and this issue should be carefully considered by Council.

There are a significant number of disadvantages to conducting an Election in house and these include:

-     Access to Group Vote Counting software

-     Significant diversion of staff resources

-     Need to develop manuals, forms and processes

-     Knowledge and experience of staff has been lost over time

-     Possible loss of reputation if procedural problems arise

-     Staff will be required to deal with complaints, media etc.

-     Need to appoint Polling Officials

-     No support service or training provided to staff from the Electoral Commission

-     Additional demand on HR staff for appointing polling officials, payroll and creditors

 

Additional Information and Election Statistics

To assist Councillors in understanding the impact of the Election the following information is provided.

Number of Enrolled Voters for 2016 Local Government Election:

Ward 1 – 24,592
Ward 2 – 26,377
Ward 3 – 27,085

Total Enrolled Voters - 70,754

The total number of ballot papers counted was 124,138 (Including 62,030 Mayoral ballots) from 49 polling booths in the Shoalhaven and adjoining Local Government Area areas.  

At 22 January 2019 there was 79,838 enrolled voters in the Shoalhaven Local Government Area.

 

Policy Implications

The Local Government Act (s.296(2) and (3) of the Local Government Act 1993 (NSW)) is definitive in the requirement to resolve to enter into an arrangement with the NSWEC by the specified date or conduct its own elections. Council needs to be assured that the election is conducted professionally and transparently and still be cost effective.

 

Financial Implications

The cost estimate for the NSWEC to administer Council's 2020 Election has not yet been provided by the NSWEC. This will be provided to Council when it is received.

The estimate for the 2020 Election will be provided for in the 19/20 and 20/21 Operational Plan and budget.

 

Risk Implications

The option to have the General Manager administer the election rather than the engagement of the NSWEC holds additional operational, reputation and legal risks for the organisation.

Council needs to be assured that the election is conducted professionally and transparently and still be cost effective.


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

PDF Creator


 

PDF Creator

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

PDF Creator


 

PDF Creator


 

PDF Creator

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.13     Kangaroo Valley Netball Court - Relocation and Upgrade of Infrastructure

 

HPERM Ref:       D18/396060

 

Group:                Finance Corporate & Community Services Group 

Section:              Recreation Community & Culture 

Attachments:     1.  Lighting Design Notes   

This item was deferred from the Ordinary Meeting 29 January 2019.

Purpose / Summary

To seek funding of $37,411 for the replacement and installation of infrastructure at Kangaroo Valley Netball Court, including provision of an allowance for removal of existing infrastructure if required.

 

Recommendation

That Council

1.    Allocate $37,411 for the rectification works to Kangaroo Valley Netball Court;

2.    Staff arrange for the erection of fencing on boundaries shared with private landowner;

3.    Staff continue to seek contribution towards the fencing costs from neighbouring landowner;

4.    Staff lodge Application to Modify Development Consent for the floodlight infrastructure, and install new floodlighting upon consent;

5.    Staff arrange for removal of existing floodlight infrastructure if requested and approved by neighbouring landowner.

 

 

Options

1.    Council accept the recommendation as written and allocate the funding to progress.

Implications: This will ensure that Council is providing lighting and fencing infrastructure on its land to the appropriate standard and allow for the netball courts to be used at night.

 

2.    Installation of fencing be delayed pending legislated contribution of funds from neighbouring landowner.

Implications: There is a high risk that netballs will leave the public land and roll onto the private land adjacent to the netball court, particularly on southern boundary. Members of the public may be unaware that the land adjacent to the netball court is private land and inadvertently trespass in order to recover netballs. Liability for members of the public in this circumstance falls to the landowner, placing a high level of responsibility on that entity.

 

3.    Relocate existing floodlights at the fence-line. 

Implications: This is a less safe-option. No Application to Modify Development Consent is required as the existing Development Consent approves placement of the poles mid-way along the sideline at the boundary. However, only a very small clearance buffers the court from the boundary at the north and south sidelines. This places the poles within 1.5m of play at the sidelines.

Australian standards recommend a 3.05m buffer between the court and other infrastructure. Although the fence will also fall close to the court sidelines, this is constructed of lighter and thinner materials than the floodlight poles, which minimises effects of impact by players.

A safer option is the new, recommended lighting design, that situates the floodlights at the ends of the court so that more clearance protects players from impact with the floodlight poles.

 

4.    Staff arrange for removal of existing floodlight infrastructure, if requested and approved by neighbouring landowner.

Implications: This is not a legal requirement and the option may add time to the delivery of the project. Funding to undertake the works is estimated to be $5,000 and has been identified in this funding request. However this option does not address the requirement for floodlighting and fencing at the netball court.

 

5.    Staff do not arrange for removal of existing floodlight infrastructure from private land, and this be left to the landowner who owns the infrastructure as it is a fixture located on his land.

Implications: This will not have an impact on Council's works program or funding, as this will not require any input from Council. However this option does not address the requirement for floodlighting and fencing at the netball court.

 

Background

Council has been made aware of an encroachment issue with Council infrastructure on private land. Land ownership of the private land adjoining Kangaroo Valley Netball Court has recently changed hands. The new owner has brought to Council’s attention that the floodlighting infrastructure at the courts is located on their adjoining private property. 

 

Council netball court identified in blue

 

Floodlights

Council obtained a Development Consent (DA) in 2004 for the construction of the netball courts and floodlighting. The DA identified that the floodlights should be constructed at the boundary of Council land, however installation occurred on the private land adjoining Council’s facility. 

Staff have requested access to remove the existing infrastructure and relocate it onto the public land. This request was denied by the landowner. The power supply was disconnected at the request of the landowner in August 2018. The lights are currently not operational. The Kangaroo Valley Netball Club has temporarily moved their summer competition games from 6, 7 and 8pm to 5, 6 and 7pm pending reconnection of floodlighting at the court. 

When the construction error was initially identified, staff obtained quotations to move the floodlights onto the public land. This intention was deferred when the private landowner declined to provide access to enable this to occur.

Staff commissioned a new floodlighting lighting design and quotation to Australian Standards, with very tight spill control requirements on the boundaries to ensure minimal spill onto private land. The quotes received for installation of same lux lighting levels on the court are affected by the spill constraints but remain compliant with Australian Standards. The following quote includes installation and requires a lead-time of approximately 10 weeks from receipt of the order for delivery of new lighting poles.

 

New Poles                                                    $16,750 + GST

IWE-PL16F-1000 – Shielded x 2                 $  4,920 + GST

Freight                                                          $     113 + GST 

                                               

Total                                                             $21,783 + GST

 

Council has also obtained a quotation for the relocation of the existing poles, installation of new LED globes and remove old footings is $12,500 + GST This was obtained prior to the land owner’s decision to not allow Council access to their land.

As the boundary of the land aligns almost exactly with the bitumen area of the court, it is possible that further excavation works will be required to trench cabling for the new electrical infrastructure. A 10% contingency amount of $2,946 + GST is therefore added to the total funding request in this report to cover this.

If the landowner requests Council to remove the existing infrastructure and if Council resolves to do so, the cost is estimated to be $5,000 for the removal of the existing poles and lights. These funds have been incorporated into the requested funding.

 

Fencing

In discussion with the landowner it was further identified that it is preferable that fencing be constructed to demarcate the boundary between public and private lands and prevent access to the private land. As there is a very small buffer zone between the netball facility and private land this fence should ideally be constructed to a height to contain balls within the public space. Staff have obtained quotes to remove the existing northern fence and install a 2.1 metre high chainmesh fence along the northern, eastern and southern boundaries. The lowest quote received was $7,682 + GST.

Under the dividing fences Act it is a requirement that neighbouring landowners meet 50% of the costs of fencing to adjoining boundaries. The neighbouring property is a rural allotment, and the 50% contribution amount would apply to fencing appropriate to the rural context.  Staff have obtained a quotation to install 5 strand barbed wire fence (rural fencing), including strainer assemblies and tractor floats, for $3,720 + GST. 50% of this cost = $1,860 + GST. This amount can be requested from the adjacent landowner as a contribution to the works.

Total Funding Required for relocation and upgrade works without input from adjoining land owner.

$21,783 + GST           floodlights

$  7,682 + GST           fencing

$29,465 + GST           total

$  2,946 + GST           contingency

$  5,000 + GST    Removal of existing infrastructure on neighbouring property

$37,411 + GST           FUNDING REQUEST

This amount could be reduced by $1,860.00 if the adjoining land owner contributes 50% of rural fencing costs.

 

Community Engagement

The netball court is used twice-weekly for a local netball competition, with 3 games running up to 9pm over the summer season. The club has requested to keep floodlighting available for these games.

In the past the community has used the private land to the south of the court for spectating.  The general perception was that this was public land. Council has informed the club of the boundary, and the club has been requested to use the public land and not to trespass upon the adjacent private land.

Council have informed the parks maintenance crews of the error in land ownership and, on the owner’s request, they have been advised to cease mowing and maintenance activities on the adjoining land owner’s property.

 

Financial Implications

A new budget allocation of $37,411 + GST is sought to undertake this works which will address and resolve this situation. The Community and Recreation Unit budget has no available funding as monies are being used to co-fund a number of successful grant funding applications, meeting grant funding criteria obligations. As this work is urgent and allocation of funding by Council will expedite these works. 

Ongoing maintenance of the infrastructure will be met utilising the existing active recreation operational budget. 

The new floodlighting infrastructure will reduce operational and maintenance expenses, as the new LED technology has lower maintenance and power consumption costs.

Maintenance costs for the fencing are expected to be minimal and will be addressed through the existing active recreation operational budget.

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 


 

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.40     Investment Report - January 2019

 

HPERM Ref:       D19/48054

 

Group:                Finance Corporate & Community Services Group 

Section:              Finance 

Attachments:     1.  January 2019 Monthly Investment Report (under separate cover)   

Purpose / Summary

In accordance with section 625 of the Local Government Act 1993 and Clause 212 of the Local Government (General) Regulation, a written report is provided to Council setting out the details of all money it has invested.

Recommendation

That the report of the General Manager (Finance, Corporate & Community Services Group) on the Record of Investments for the period to 31 January 2019 be received for information.

 

 

Options

1.    The report on the Record of Investments for the period to 31 January 2019 be received for information.

Implications: Nil

 

2.    Further information regarding the Record of Investments for the period to 31 January 2019 be requested.

Implications: Nil

 

3.    The report of the Record of Investments for the period to 31 January 2019 be received for information with any changes requested for the Record of Investments to be reflected in the report for the period to 28 February 2019.

Implications: Nil

 

Background

Please refer to the attached monthly report provided by Council’s Investment Advisor, CPG Research and Advisory Pty Ltd. The investment advisors specifically comment this month on issues relating to Council’s inability to increase investments with non-fossil fuel institutions. The majority of non-fossil fuel institutions are in the BBB category and Council’s policy limits our investment in this category to 30%; we are currently at 26%. There are two institutions in the higher A category and we invest with them whenever we can, in accordance with the investment policy.

Even though there are policy restrictions limiting an increase in non-fossil fuel investments, the current practise of keeping within our policy limitations and not investing too highly with a single institution demonstrates prudent control of Council’s funds. The two non-fossil fuel institutions (Suncorp and Rabobank) in the A+ category each have 7% ($14m each) of our total investments; these could be increased to 15% each (within the policy limits) but having $30m in a single institution increases the risk and lack of diversification. Our current level of non-fossil fuel investments has probably reached its maximum, in the absence of investing in complying green bonds, with a suitable tenor, as they become available. These offerings are reviewed as and when they appear.

A Councillor Briefing with CPG will be arranged shortly to explore these issues in more detail.

Council’s investment portfolio returned a strong 3.11% for the month of January 2019, exceeding the benchmark AusBond Bank Bill Index (2.14% pa) by 97 basis points (0.97%).

The following graph shows the performance of Council’s investment portfolio against the benchmark on a rolling twelve (12) month basis. As can be seen, performance has consistently exceeded benchmark.

 

The interest earned to the month of January was $3,648,533; 90.71% of the current full year budget. Spending against loan funds for the REMS 1B project is on track but slightly behind estimated project cash flows, resulting in continued higher than expected interest earnings. General Fund interest is higher due to more cash being on hand than predicted; however, future returns are expected to slow during the year as capital expenditure increases and higher earning investments mature.

A budget adjustment for interest on investments is recommended in the December quarterly budget review; the table below shows the effect.

 

 

The interest earned for the month of January was $538,765, which was $197,170 above the current budget.

 

 

The graphs below illustrate the cumulative interest earned for the year for each fund against budget.

 

 

 

 

 

 

 

 

The table below lists the major movements:

 

Total Cash and Investments

-$5,761,467

 

Strategic Projects

-$109,722

This reserve currently has a zero balance; this will be rectified when the dividend from Shoalhaven Water is received.

Waste Disposal

-$1,145,354

Not a rates instalment month, expenditure on projects

Sewer Fund

-$1,540,009

Expenditure on projects, REMS1B

Water Fund

+$978,597

Normal operating cycle

Unrestricted General Fund

-$5,167,224

Not a rates instalment month, expenditure on projects

 

 

 

 

Financial Implications

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

 

 

 

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 POL18/57.

 

 

Michael Pennisi

Chief Financial Officer

 

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.41     2018/19 Council Borrowings - Loan Agreement

 

HPERM Ref:       D19/48217

 

Group:                Finance Corporate & Community Services Group 

Section:              Finance 

Attachments:     1.  TCorp Loan Agreement (under separate cover)   

Purpose / Summary

To seek Council approval to enter into a loan agreement with TCorp for General Fund borrowing requirements.

Recommendation

That Council enter into a loan agreement, executed under the seal of Council, with New South Wales Treasury Corporation for the following loans:

1.    Loan 1: $6,370,000 (repayment over 10 years) – Land acquisition at Moss Vale Road south for provision of open space.

2.    Loan 2: $1,783,000 (repayment over 10 years) – $1,545,000 for Huskisson Service Lanes and $238,000 for Worrigee cemetery memorial gardens expansion

 

 

Options

1.    Adopt the recommendation in the report.

Implications: Nil

 

2.    Not adopt the recommendation and make an alternative resolution.

Implications: Need to seek borrowings from other financial institutions

 

Background

As part of Fit for the Future reforms, the NSW Government announced that councils who were declared “Fit” would be able to borrow funds from TCorp at reduced interest rates.  Given that Shoalhaven City Council was deemed “Fit” in October 2015, it is eligible to utilise TCorp for borrowing funds at reduced rates for approved purposes.

Accordingly, Council applied to TCorp for approval to borrow $8,153,000 to cover General Fund (excluding Holiday Haven) borrowing requirements. The application included $6,370,000 for Land Acquisition at Moss Vale Road south. This project has also been approved for a 50% interest subsidy under the NSW Government’s Low Cost Loans Initiative Program. The loan repayments for this loan will be funded from developer contributions. There was also $1,545,000 for service lanes in Huskisson (to be repaid from developer contributions) and $238,000 for the expansion of Worrigee cemetery memorial gardens.

The remainder of the 2018/19 proposed borrowings for Holiday Haven, $1,647,500, will need to be sourced from other financial institutions as TCorp’s loan facilities are not available for a Council-run business in competition with existing privately run businesses.

The current indicative interest rate is 3.08%; TCorp will provide an updated interest rate when the drawdown date has been confirmed.

 

Community Engagement

This agreement does not require consultation with the community as Council’s required borrowings have been reported in the Operational Plan and any changes have been reported through Council minutes.

 

Financial Implications

It is important for Council to gain the best interest rates on loan funding and locking this agreement in place will confirm a much lower rate for the full term of the loan agreement.

 

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.42     Authority for Cheque and Electronic Banking Signatories

 

HPERM Ref:       D19/48242

 

Group:                Finance Corporate & Community Services Group 

Section:              Finance  

Purpose / Summary

To update the list of Council’s authorised cheque and electronic banking signatories to reflect recent staff changes within the Finance, Corporate and Community Services Group.

Recommendation

That:

1.    Council authorise any two of the following persons:

Russell Desmond PIGG              General Manager

Stephen DUNSHEA                    Group Director – Finance, Corporate and Community                                                                  Services

Michael Joseph PENNISI            Chief Financial Officer

Vanessa Jane PHELAN              Finance Manager

Angele TAYLOR                          Team Coordinator - Financial Accounting

Stephanie Jane MOORLEY        Team Supervisor – Management Accountant

Craig Robert GILFILLAN             Assistant Financial Accountant

Graham David LONGFIELD       Accounting Officer

a.    to operate on any account(s) now opened or to be opened by the Shoalhaven City Council with Financial Institutions, so long as the account(s) shall be in credit or, at the Financial Institutions’ discretion, notwithstanding that they shall become thereby or be already overdrawn;

b.    to open accounts with Council’s contracted transactional bank for daily transactional banking purposes;

c.    to sign, draw, make, accept and negotiate cheques and electronic fund transfers on behalf of Shoalhaven City Council.

2.    This authority will cancel and supersede all previous authorities except in respect of cheques and other instruments dated prior to this authority

 

 

Options

1.    The proposed account signatory amendments are accepted to reflect changes in staff in the Finance, Corporate and Community Services Group

Implications: Nil

2.    The proposed account signatory amendments are not accepted and Council’s existing signatories are maintained.

Implications: May cause limitations on Council’s ability to manage its finances in a timely manner

 

Background

There have been staffing changes within the Finance, Corporate and Community Services Group. As staff have left the organisation, they were removed as a signatory with the bank. Following the appointment of new staff, a revised list of signatories is required.

The signatories will have the authority to operate on any account(s) now opened, or to be opened, by the Shoalhaven City Council with Financial Institutions, so long as the account(s) shall be in credit or, at the Financial Institutions’ discretion, notwithstanding that they shall become thereby or be already overdrawn. The signatories will be able to open accounts with Council’s contracted transactional bank for daily transactional banking purposes.

Authority is given for staff to sign, draw, make, accept and negotiate cheques on behalf of the Shoalhaven City Council.

The above list of authorised cheque signatories does not serve as authority to negotiate fixed deposits, bills of exchange, promissory notes or any other negotiable instruments. These instruments can only be acted upon by staff with the General Manager’s Delegated Authority under Section 378 of Local Government Act 1993.

 

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.43     9th Australian Small Bridges Conference

 

HPERM Ref:       D19/49724

 

Group:                Finance Corporate & Community Services Group 

Section:              Human Resources, Governance & Customer Service  

Purpose / Summary

To consider Councillor attendance at the 9th Australian Small Bridges Conference scheduled for 1-2 April 2019 in Surfers Paradise, Queensland.

 

Recommendation

That Council

1.    Notes the details of the 9th Australian Small Bridges Conference scheduled for 1-2 April 2019 in Surfers Paradise, QLD.

2.    Authorise 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 9th Australian Small Bridges Conference is considered relevant to Local Government and information relating to the conference may be found at the following website:

https://www.eiseverywhere.com/ehome/index.php?eventid=351700&

Costs associated with the conference are estimated as follows:

·    Registration:

Full 2 day registration $1090.00
(delegate 2 & 3: $1000.00, 4th or more: $900.00)

Day One ticket $650.00

Day Two ticket $600.00

·    official functions, (optional):

Conference Dinner $140.00

·    travel, accommodation and
out of pocket expenses:

not yet determined

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

The Conference commences at 8.00am Monday 1 April 2019 and concludes at 4.00pm Tuesday 2 April 2019 and the following Council Business is scheduled within the period of the conference:

·     Development & Environment Committee – Tuesday 2 April 2019.

 

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.  


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.44     Roads to Recovery Program - Funding Allocation - 2019 - 2024

 

HPERM Ref:       D19/47603

 

Group:                Assets & Works Group 

Section:              Works & Services  

Purpose / Summary

To report to Council on ministerial advice relating to the Roads to Recovery Program.

 

Recommendation

That Council note that the Hon Michael McCormack MP, Deputy Prime Minister & Federal Minister for Infrastructure, Transport & Regional Development, has issued a Roads to Recovery life of program allocation for the period 1 July 2019 to 30 June 2024 of $8,567,375 for the Sholhaven.

 

 

Options

1.    Receive the report for information.

 

Background

The Hon Michael McCormack MP, Deputy Prime Minister & Federal Minister for Infrastructure, Transport & Regional Development, has issued a Roads to Recovery life of program allocation for the period 1 July 2019 to 30 June 2024 of $8,567,375.

The program will continue to run under simple administrative arrangements with councils free to decide the projects to be funded. As per the current arrangements, projects funded under Roads to Recovery can be delivered as early as needed in the 5-year program life, subject to councils proactively identifying projects in line with their local priorities.

The total alloction for the 2014-2105 to 2018-2019 financial years was $13,521,739

(Source: https://investment.infrastructure.gov.au/infrastructure_investment/roads_to_recovery/)

The report is provided for the information of Council.

 

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.45     Coffs Harbour Waste Processing Inspection

 

HPERM Ref:       D19/53223

 

Group:                Assets & Works Group    

Purpose / Summary

The purpose of this report is to allow Councillors to consider the benefit of sending the Alternative Waste Tender Delegation to Coffs Harbour to discover and discuss the finer points associated with constructing and operating an autoclave waste processing plant.

Recommendation

That Council authorise the Alternative Waste Tender Delegation (Cr Pakes, Cr Wells, and staff determined by the General Manager) to visit the Autoclave based Waste Processing Plant at Coffs Harbour to discover the lessons learnt with respect to the specific resources and cost structures to oversee the construction and operation of a high-tech waste processing plant, and thus ensure that the Shoalhaven Team who oversees this work is adequately experienced and supported right from the start of the Bioelektra project.

 

 

Options

1.    As recommended

Implications: as outlined in the recommendation. If this option is not supported it either fails to be moved or is defeated

 

Background

The Alternative Waste Tender Delegation was formed to assist Council to make a decision in relation to Tender 55454E.

The Delegation consisted of

Clr Mitchell Pakes

Clr John Wells

Paul Keech (Director – Assets & Works)

David Hojem (Unit Manager – Waste Services)

On 22 January 2019 Council held a press conference to announce that Bioelektra will be engaged to construct and operate a Waste Processing plant which consists of various of mechanical sorting processes after size-reduced waste is dried and sterilised in an innovative autoclaving process.

This process is unique in that the interim product yielded from previously attempted autoclave processes was a wet, or very moist, “waste soup”. The Bioelektra autoclave process delivers a drier mass, more readily separated into recyclable components and much less prone to biological activity that produces odour.

Coffs Harbour constructed an autoclave plant that has processed mixed waste since around 2010. The main points about this plant are:

·         At one stage, about 4-5 years ago, the plant was out of action for 10 months due to a fire

·         The process, like Bioelektra’s, sterilizes and separates a biomass, recyclables and inert residuals from the municipal solid waste

·         The household waste feed is the red-lid bin waste from 3-bin FOGO collection setups for the Nambucca, Bellingen and Coffs Harbour LGAs

·         Materials reside in one of 2 vessels, in batches for 2-3 hrs

·         Until 26 October 2018 diversion from landfill was around 70%, with the resultant biomass being composted (reinvigorated with biological activity) and used for rehabilitation and agricultural purposes, and about 20% being diverted as recyclables

·         From 26 October 2018, the overall diversion dropped overnight to 20-25% when the EPA announced that organic outputs from mixed waste were no longer to be applied to land

-     Back in 2010 a proposed future use for the biomass was to be as a renewable fuel.

Although the autoclaves are different in their output (i.e. wet verses dry) the lessons learnt in the construction and operation of the Coffs Harbour Facility could be valuable in developing the Supervision Processes and Quality Control Documentation for construction and operation of the Bioelektra process.

The delegation is currently well positioned to consider the benefit of lessons learnt by Coffs Harbour, given the recent and thorough study tour in Europe and Australia and an in-depth knowledge of the Bioelektra process, and an ability to report back on what changes are being considered and implemented for the biomass product further to the EPA decision on land application.

The main objective of the tour will be to:

“Allow Senior Management and Councillors (via the representative delegation) to understand some of the lessons learnt with respect to the specific resources and cost structures to oversee the construction and operation of a high-tech waste processing plant, and thus ensure that the Shoalhaven Team that oversees this work is adequately experienced and supported right from the start of the project”

 

Financial Implications

Direct Costs to visit Coffs Harbour for including flights and one night’s accommodation is estimated to be approximately $2,500.

The value of this contract is estimated at $321,000,000 over 22 years.

The visit to Coffs Harbour can be funded from the existing Waste Services budget.

 

Risk Implications

Not leveraging off lessons learn by others.

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.46     Proposed Acquisition of Land required for the Moss Vale Road South Urban Release Area Open Space

 

HPERM Ref:       D19/39178

 

Group:                Assets & Works Group 

Section:              Business & Property  

Purpose / Summary

To provide Council with the opportunity to consider a confidential report on acquiring land for open space within the Moss vale Road South Urban Release Area.

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

 

Recommendation

That Council in accordance with Section 10A(2)(c) of the Local Government Act 1993, consider a separate confidential report in relation to property acquisition matters associated with the Moss Vale Road South Urban Release Area Open Space.

 

 

Options

1.    Council accept the recommendation

Implications: Property acquisition matters will be considered by Council.

 

2.    Not adopt the recommendation

Implications: The opportunity to purchase land for open space will be missed

 

Background

Council sought and was given approval for a low interest loan through the NSW Department of Planning & Environment’s Low-Cost Loan Initiative to accelerate the provision of infrastructure (open space) for new housing.

The purchase of land for open space using funds from the above loan forms part of a separate confidential report to Council.

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.47     UPDATE - Shoalhaven Affordable Housing Strategy - Property Acquisition Matters

 

HPERM Ref:       D19/30004

 

Group:                Assets & Works Group 

Section:              Business & Property  

Purpose / Summary

The purpose of this report is to provide Council with an update in relation to negotiations with property owners in Bomaderry in association with the Shoalhaven Affordable Housing Strategy.

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

 

Recommendation

That Council in accordance with Section 10A(2)(c) of the Local Government Act 1993, consider a separate confidential report in relation to property acquisition matters associated with the Shoalhaven Affordable Housing Strategy.

 

 

Options

1.    Council accept the recommendation as presented.

Implications: Consider a separate confidential report on property acquisition matters associated with the Shoalhaven Affordable Housing Strategy.

 

2.    Not adopt the recommendation.

Implications: Property acquisition matters will not be considered.

 

Background

Council resolved at its Ordinary meeting on 30 October 2018 (MIN 18.887C) to enter into negotiations with property owners in Bomaderry to facilitate the Shoalhaven Affordable Housing Strategy.

A separate confidential report details the outcome of those negotiations.

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.48     Proposed Purchase of Vacant Land, Nowra

 

HPERM Ref:       D19/34091

 

Group:                Assets & Works Group 

Section:              Business & Property  

Purpose / Summary

This report notifies Council of a confidential report to acquire vacant land in Nowra, to compensate for land acquired by RMS for the Nowra Bridge Project.

 

Recommendation

That Council in accordance with Section 10(a)(2)(c) of the Local Government Act 1993 consider a separate confidential report on the proposed purchase of vacant land in Nowra.

 

 

Options

1.       Council accept the recommendation as presented.

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

 

2.      Not adopt the recommendation.

Implications: Proposed property acquisition will not commence.

 

Background

The proposed purchase of vacant land identified in the confidential report can be used as a temporary parking area for Council staff during the RMS Bridge Project construction, prior to allowing some future development opportunity.  


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.49     Development Application 18/1815 – 270 Back Forest Road, Back Forest – Lot 2231 DP 1034774

 

DA. No:               DA18/1815/4

 

HPERM Ref:       D19/26923

 

Group:                Planning Environment & Development Group  

Section:              Development Services  

Attachments:     1.  Recommended Conditions of Consent   

Description of Development: Consent sought for the construction of a rural dwelling and change of use of an existing dwelling to a rural worker’s dwelling.

Owner: Peter Harold Watts

Applicant: Andrew Gordon

 

Notification Dates: Between 8 August 2018 and 23 August 2018

 

No. of Submissions:  Nil

 

Purpose / Reason for consideration by Council

On 21 January 2019 the Development and Environment Committee resolved to approve Development Application No.18/1815 and that a further report be provided to the Council outlining appropriate conditions for consent.

 

Recommendation

That Development Application No.18/1815, being for the construction of a dwelling and change of use of the existing dwelling to a rural worker’s dwelling, be determined by way of approval as resolved by the Development and Environment Committee on 21 January 2019 in accordance with the recommended conditions at Attachment 1.

 

 

Options

1.    Approve the Development Application (DA) in accordance with the recommendation.

Implications: Approving the DA will enable the development of the property in accordance with the applicant’s submission and Council’s resolution.

 

2.    Approve the Development Application (DA) subject to amended or additional conditions of consent.

Implications: Council will have to indicate the conditions to be amended and / or conditions to be inserted.

 

 

Background

Proposed Development

An application has been lodged with Council seeking consent for the construction of a rural dwelling and the change of use of an existing dwelling to a rural worker’s dwelling. The proposed dwelling will contain the following features:

• 4 bedrooms, main with ensuite bathroom;

• Combined living/dining/kitchen;

• Laundry;

• Separate w.c. and main bathroom; and

• Timber deck.

Upon the completion of the new dwelling, and the issue of an Occupation Certificate, it is proposed that the existing 3 bedroom dwelling be used as a rural worker’s dwelling. No physical works are proposed to facilitate the change of use.

 

History

On 21 January 2019 the Development and Environment Committee resolved to approve Development Application No.18/1815 and that a further report be provided to the Council outlining appropriate conditions for consent.

 

Planning Assessment

The DA has been assessed under s4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979) and previously reported to Council. The conclusion of that report was not to support the development; however, Council considered the matter on 21 January 2019 and determined that the proposal was capable of approval. Discussion at the meeting centred around the economic viability of the future business, amongst other things. The Council was ultimately satisfied that the farming activities could sustain a rural worker living on site.

Recommended conditions of consent have been provided as part of this report and can be found in Attachment 1. They have been drafted in accordance with section 4.17 of the EP&A Act 1979. Conditions of consent have been imposed to:

·    Ensure the proposed development:

a) achieves the objects of the Environmental Planning and Assessment Act, 1979;

b) complies with the provisions of all relevant environmental planning instruments;

c) is consistent with the aims and objectives of Council’s Development Control Plans, Codes and Policies.

·    Ensure that the relevant public authorities and the water supply authority have been consulted and their requirements met, or arrangements made for the provision of services to the satisfaction of those authorities.

·    Meet the increased demand for public amenities and services attributable to the development in accordance with Section 7.11 of the Environmental Planning and Assessment Act, 1979.

·    Ensure the protection of the amenity and character of land adjoining and in the locality of the proposed development.

·    Minimise any potential adverse environmental, social or economic impacts of the proposed development.

·    Ensure the development does not conflict with the public interest.

 

Summary and Conclusion

The Development and Environment Committee has resolved to approve Development Application No.18/1815 being for the construction of a dwelling and change of use of the existing dwelling to a rural worker’s dwelling. Conditions of consent have been recommended as per the resolution

.  


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.50     Quarterly Update on Compliance Matters

 

HPERM Ref:       D19/7186

 

Group:                Planning Environment & Development Group 

Section:              Building & Compliance Services 

Attachments:     1.  Statistics for penalties issued 1 October 2018 to 31 December 2018   

Purpose / Summary

At Council’s Ordinary meeting held on 13 November 2018 it was resolved to receive a detailed quarterly report on compliance activities (MIN18.907). The resolution specifically requested information on the fines issued and the reasons why. 

The report expands on the information requested to provide a broader view of Council’s compliance actions within the various teams in the Planning, Environment and Development Group. 

This is the first report since the Council resolution and it provides information on the period October – December 2018 (second quarter). 

Recommendation

That Council receive the Quarterly Update on Compliance Matters report for information.

 

 

Options

1.    Council receive the report for information

Implications: Nil

 

2.    Council receives the report and provides additional direction for future reports

Implications:  As this is the first report to update Councillors, any changes or additional matters can be added to future reports.

 

Report

Compliance activities are completed by the following Teams within the Planning, Environment and Development Group:

(a)  Compliance Team: Development compliance matters including unauthorised development, development not in accordance with development consent, land and water pollution incidents (including building sites), land use management issues and swimming pool safety issues.

(b)  Environmental Health: Pollution incidents (noise and water), environmental incidents, food shops and the operation of on-site sewage waste management facilities.

(c)  Parking: All parking offences

(d)  Rangers: Animal control, littering, unauthorised camping, rubbish dumping and other environmental offences.

This report provides Councillors with an update on the penalties issued (number, type and ticket value), penalty reviews dealt with by the panel, any Local or Land and Environment Court matters determined or progressing, ongoing compliance actions and other compliance matters that may be of interest to Councillors. 

This report relates to October – December 2018 (second quarter).

Penalties issued during the period

A combined total of 1459 penalty notices were issued by the Teams during the period.  These penalties have a face value of $384,187. Historically Council stands to receive approximately 70% of this ticketed figure. Attachment 1 to this report provides a breakdown of the penalties issued. 

The following is a summary of the penalties issued during the period for each team within the Planning, Environment and Development Group. 

Team

Number Issued

Total Amount

% of total amount

Compliance

9

$36,500.00

9.5%

Compliance – Pools

5

$2,750.00

0.7%

Environmental Health

6

$36,000.00

9.4%

Rangers – Animal issues

70

$26,965.00

7.0%

Rangers – Environmental issues

24

$18,570.00

4.8%

Parking

1,342

$258,572.00

67.3%

Sewer Management Facility

3

$4,830.00

1.3%

Totals

1459

$384,187.00

100%

 

Penalty infringement panel reviews

During the period, the review panel met on 4 October 2018, 10 October 2018 and 7 November 2018. A total of 6 penalty infringement appeals were considered at these three meetings. The following results were recorded:

(a)  Development without Development Consent ($6000). 

The offence related to the removal of vegetation from the site without consideration of the development consent conditions requiring suitably qualified consultants be present to supervise the clearing. 

It was identified that the penalty had been issued in error as the incorrect offence code was used. The penalty was withdrawn and a formal caution was issued.

(b)  Development not in Accordance with Consent ($1500). 

The offence related to undertaking construction works on ANZAC Day 2018. The offence was committed by a sub-contractor.

The penalty was withdrawn and a formal caution was issued. A caution was also issued to Builder in charge of the site.

(c)  Development without Consent ($6000). 

This offence related to the construction of structures without the prior consent from Council issued to the Developer. The developer was aware of the requirements to have development consent before commencing work as an application was awaiting Council’s determination. 

The panel resolved that the penalty was to stand.

(d)  Development without Consent ($6000). 

This offence related to the construction of structures outlined in (c) above issued in this case to the Builder. In their submissions the Builder advised this was their first breach and there were pressures to have the works completed.

The penalty was withdrawn and a formal caution was issued.

(e)  Development without Development Consent ($6000)

This relates to the commencement of a secondary dwelling without the issue of a construction certificate. The piers and footings had been commenced prior to Council becoming aware of the breach. 

The penalty had been issued in error as the incorrect offence code was used. The penalty was withdrawn and a formal caution was issued.

(f)  Development not in Accordance with Consent ($1500)

This relates to the brick enclosure of an approved attached carport without prior approval from Council issued to the owner. The submission identified a misunderstanding between the builder and the owner. New information also identified some hardship issues for the owner. 

The penalty was withdrawn and a formal caution was issued.

 

Local or Land and Environment Court matters

(a)  Gary Knight (L&E Court): this matter relates to unauthorised works at Lot 57 Invermay Avenue, Tomerong (Jerberra Estate). This is contempt of Court proceedings against Mr Knight who has failed to comply with the Courts order to clean up the premises. 

The matter has been set down for hearing on 25 February 2019. If a decision is made by the court on this day, Councillors will be updated at the meeting. 

(b)  David DeBattista (Local Court): this relates to the prosecution of Mr David DeBattista for the removal of trees at Anson Street, St Georges Basin. 

The matter has been called over to 4 April 2019 where a question of law is to be discussed before the prosecution can proceed. This matter will be heard in Kiama Local Court due to the fact Nowra Local Court is fully booked.

(c)  Philip Vella (Local Court): this matter relates to an appeal against Council’s notice for non-compliance with the pollution prevention notice. The prevention notice had required Mr Vella to fence his land to prevent cattle entering the SEPP14 Wetlands and Crown Land that adjoin the Shoalhaven River. 

This matter was heard in the Nowra Local Court on 13 February 2019. Mr Vella was found guilty of the offence and fined $2000 and ordered to pay $1800 in court costs.

(d)  Tokyo Sushi Vincentia (Local Court): this matter relates to providing false information to an authorised officer. 

The person has pleaded guilty and is awaiting sentencing on 15 February 2019.  Councillors will be updated at the meeting.

(e)  Australian Hotel Nowra: this matter relates to an appeal against Council’s penalty notice for non-compliance with the Food Standards Code concerning the cleanliness of the premises. 

The matter is listed for mention on 1 March 2019 and Councillors will be advised on the outcome in the next quarterly report.

 

Ongoing major issues

(a)  Tomerong quarry: Councillors were updated on the progress of this matter at a briefing in December 2018. 

Tests have been received from the EPA and from Council’s independent Occupational Hygienist. Both test results indicate there are no impacts on the health of the community as a result of transporting fly ash to the site. This is good news and it addresses one of the major concerns identified by the community and reported in the media.

Council staff are now moving on the rehabilitation of the quarry site. Council will require the submission and approval of a detailed rehabilitation plan before any works commence. Once the plan is received, it will be advertised to the community because there are likely to be noise and traffic movement impacts. 

Council will also need to have the building waste site dumps and the 800 metre long soil berm tested to determine if they contain any contaminants. If the tests come back positive, then Council will move on having the site(s) appropriately remediated. 

(b)  Vincentia Marketplace noise issue: Council is working with the complainant concerning excessive noise from an alarm sounding in the Woolworths loading dock area of the Vincentia Marketplace. 

This nuisance has been ongoing for a number of months and Council has been in contact with the Supermarket Manager. In late January 2019, Council’s Compliance Officers spoke again with the Manager and head office concerning this noise nuisance. 

Woolworths have been issued with a Noise Control Notice under the Protection of the Environment Operations Act. As the alarm automatically resets and there are reports of several soundings per night, it is breach of clause 42 of the Protection of the Environment Operations (Noise Control) Regulation 2017. This Noise Control Notice stipulates that noise from the alarm is not permitted to be heard from within any residential premises. 

The notice will stay active until formally withdrawn from Council. Penalties will follow should the matter not be adequately resolved.  Council also has an option of Class 4 action in the event of persistent breaches.

(c)  Mixed use development at Huskisson: Council has received several complaints from the neighbour to this development. Most of the complaints concern noise from the development and working out of approved hours. Council’s Compliance Officers and Rangers have attended the property on several occasions and have confirmed a number of breaches. These have been remedied with the issue of penalty notices. 

This project is now reaching practical completion; however, the most recent complaint relates to stormwater from newly constructed balconies. These balconies were not on the original approval and this would constitute development without consent. 

Council has received a Section 4.55 application to regularise several anomalies at the site and this is currently under assessment. The balconies were not identified in this amendment nor were other prominent departures. 

Compliance Officers have inspected the site with Town Planning staff responsible for the Section 4.55 application and identified all outstanding matters. The applicant has been requested to amend the application to include all departures.

 

Other compliance matters of interest

(a)  Council’s Swimming Pool Compliance Team have worked with Council’s Media Team and completed an advertising campaign for swimming pool barrier fencing. A 30 second commercial was run on WIN television during November and December 2018. The same advertisement has been uploaded to Council’s Facebook page.  Posters have also been prepared and distributed. 

The result of this program has seen additional collaboration with swimming pool owners and Council’s Swimming Pool Compliance staff. This education program has been positive and given credence to running similar campaigns in fire safety awareness, on-site sedimentation and erosion control measures and the storage of waste on building sites. 

(b)  Council’s Rangers have identified an issue with shore nesting birds and dogs on beaches. Discussions with NPWS representatives commenced in late November 2018 to consider an education program to coincide with the 2019 breeding season for these endangered species. Council’s brochure entitled “Birds on Beaches – Dogs on Leashes” has been distributed to beach goers during routine Ranger patrols.

(c)  Council’s Rangers have increased patrols of beaches commencing on the summer shift change (i.e. 1 October 2018). The aim has been to educate the community on the importance of taking their litter with them, having their dogs on a leash and not starting fires on the beach. Rangers have also dealt with several unauthorised camping incidents during the period. 

(d)  Council’s Rangers have increased patrols of Collingwood Beach foreshore to deter “would-be” tree vandals. Brochures have been given out to the community during the increased foot patrols. These brochures advise the community on the importance of foreshore vegetation and to report any suspected vandalism to Council’s Ranger Services Section.

(e)  Fencing has been provided to 529B Culburra Road, Wollumboola. Cattle are now prevented from accessing the adjacent foreshore, Coastal Wetlands and crown land.  Council’s Environmental Health Officers will continue to monitor this situation for compliance.

(f)  A total of 55 non-compliant on-site sewage management systems were repaired or upgraded during the period. These are now operating satisfactorily resulting in less pollution incidents.

(g)  Environmental Health Officers have attended a Ranger Services Team brief and discussed several natural area reserve compliance issues. These include the removal of vegetation and the construction of unauthorised structures. 

It is proposed to undertake an audit of these areas in the future with the view of having the sites remediated. Councillors will be updated as this progresses.


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

PDF Creator


 

PDF Creator


 

PDF Creator

 


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

 

CL19.51     Update on the Shoalhaven Animal Shelter

 

HPERM Ref:       D19/13802

 

Group:                Planning Environment & Development Group 

Section:              Building & Compliance Services  

Purpose / Summary

At Council’s Ordinary meeting on 22 May 2018, it was resolved that the Ranger Services Unit would temporarily manage and operate the Shoalhaven Animal Shelter to 1 August 2019. It was also resolved to seek tenders for the management and operation of the service in March 2019. 

The RSPCA discontinued their animal service contract on 31 May 2018. In the 7 months of Council’s temporary management and operation of the service, the Animal Shelter has achieved some great results and it is anticipated that the service will come in under budget. 

This report recommends that Council opt to retain its management and operation of the Animal Shelter rather than seek tenders to outsource this service.

Recommendation

That Council rescind MIN18.415C and resolve for the Ranger Services Unit to continue with the management and operation of the Shoalhaven Animal Shelter on a permanent basis.

 

 

Options

1.    Council approve the recommendation as submitted.

Implications:  Council will retain the management and operation of the Shoalhaven Animal Shelter.  This will allow for the permanent appointment of staff to the positions and the ability to seek out cost saving opportunities to further reduce the overall cost of the service to Council.

 

2.    Council resolve to continue with the previous resolution in MIN18.415C and seek tenders for the management and operation of the Animal Shelter in March 2019.

Implications: Tenders would be called for the management and operation of the Shoalhaven Animal Shelter.  The results of the tender process would then be reported back to Council once the tenders have been fully assessed.

 

Background

At its Ordinary meeting of 22 May 2018, Council resolved to do the following (MIN18.415C):

1.    Postpone the appointment of a tender until 1 August 2019 as no suitable tender has been received. 

2.    Temporarily undertake the management and operations of the Shoalhaven Animal Shelter via the Ranger Services Unit until 1 August 2019 with an approved financial allocation of $600,000 (net).

3.    Seek new tenders to undertake the management and operations of the Shoalhaven Animal Shelter in March 2019.  A report will be submitted back to Council shortly following this tender period regarding any tenders submitted or other available options.

The Shoalhaven Animal Shelter has been managed and operated by the Ranger Services Unit since the RSPCA vacated the service on 31 May 2018. In the 7 months of operation from 1 July 2018 to 31 January 2019, the Ranger Services Unit has achieved great results and they would like to continue with this service on a permanent basis.

Report

The Animal Shelter was officially opened on 08 July 2018. This facility has 22 dog kennels, 24 cat enclosures, livestock yards and pocket pet and fowl enclosures. The Animal Shelter was purpose built and is identified as a state of the art facility.

The Animal Shelter is open 7 days per week and there are 9 staff members including: 1 Supervisor, 1 Administration Officer, 2 Animal Attendants, 2 part time Animal Attendants and 3 casual staff. There are also 15 to 20 volunteers at the shelter. 

The temporary management and operation of the Animal Shelter has confirmed that these staff numbers are adequate, and no additional permanent staff are required.

All staff members are on a contract arrangement that will expire on 01/08/2019 to coincide with the potential for an acceptable tender.

Statistics

On 1 July 2018, there were 25 animals in the shelter. From 1 July 2018 to 31 January 2019, the following statistics have been recorded:

a)   A total of 620 animals have entered the Animal Shelter. 

b)   A total of 220 animals have been reclaimed or transferred to other rescue groups.

c)   A total of 304 animals have been adopted.

d)   No animals that could have been re-homed have been euthanised. 

The only animals that have been euthanised have been 39 feral cats, 4 medically unfit animals and 22 dangerous or behaviour failure animals. There have also been 6 unassisted deaths (young and unexplained).

The Animal Shelter’s zero euthanasia rate for fit and healthy re-homeable animals is the best result in the state. This has certainly removed the previous perception that a Council-run animal shelter would be nothing more than a “kill centre”. 

Media and advertising

The Facebook page has over 4000 likes and followers. Some posts have reached nearly 30,000 people and the page is trending upwards. The majority of the posts promote animals for adoptions and the great result is testament to the effectiveness of this program.

The Animal Shelter also has a regular spot on local radio where the pets of the week are promoted for adoption. Staff have also used this opportunity to encourage people to come and visit the friendly staff at the shelter and see how it is run. Joint initiatives with Ranger Services such as “Paws and think” are likewise promoted.

Further community engagement has been used to share the message to the public. Staff have recently attended the Berry Show promoting the animals that are available for adoption.  Staff similarly used this opportunity to provide free advice on responsible pet ownership.

The working of the Shoalhaven Animal Shelter is a positive news story for Council. It has been well received by the public and there has been no negative feedback to date. 

Financial

The report to the Ordinary meeting (CCL18.11 Tenders – Management & Operations of the Shoalhaven Animal Shelter) outlined the amount submitted by the sole tenderer. The Budget was set to a comparative figure.

The 2018-2019 budget for this service was set with a projected income of $39,474 and expenditure of $539,022 (Note: Council’s minute was for 13 months and therefore the financial year is less than $600,000). It was predicted that the overall cost for the financial year would be $499,548 (i.e. $539,022 - $39,474 = $499,548). 

In the first 7 months of operation, the Animal Shelter had an income of $61,356 and an expenditure of $391,821. Based on these figures, it is expected that the final expenditure would be $550,000 and an income of $110,000. It is therefore estimated that the overall cost of the service will be in the order of $440,000 (i.e. $550,000 - $110,000 = $440,000).

It was expected that the initial start-up costs for the Animal Shelter would be expensive. This included the rental of a vehicle for animal transfers, computers, printers, telephones, office equipment and animal need items including bedding, bowls, blankets and the like. Taking this into account, it is possible that the final expenditure for 2018-2019 will be less than $550,000 providing an even better result for Council.

Opportunities

Staff have recognised there are several opportunities to further lower costs at the Animal Shelter and these include the following:

·     Supporters of Shoalhaven Animal Shelter (SOSAS): if Council ran the shelter full time, SOSAS would be set up as a not for profit organisation. SOSAS would be modelled on a similar program currently run at Wingecarribee Council and it would be able to gain business sponsorship and arrange fund raising activities. 

SOSAS would then release funds to the Animal Shelter to pay for services and other expenses.  For example, they may be able to pay for the veterinary bills. 

·     Business sponsorship: It would be possible for business to sponsor a kennel, cat enclosure, stock yards, etc. This would be an annual fee and the name of the business would appear on the enclosure.

·     Merchandising: The Animal Shelter could provide toys, bowls, bedding, dog and cat wash, flea and tick guard and food for sale at the office. These items could be sold to people adopting pets at a modest profit.

·     Working with Nowra Correctional Centre: There is an opportunity to work with the Nowra Correctional Centre to allow pets to visit the residents. There may also be an opportunity for the residents to visit the Shelter and complete work release such as tidying the yards and cages and walking the animals. 

Conclusion

The first 7 months of the Animal Shelter has returned some great results for Council. It is a good news story, and this is mainly due to the dedicated staff and volunteers. 

The increased income and projected expenditure is trending towards a significant reduction in overall operating costs to Council. It is expected that the overall costs of the Animal Shelter will be approximately $440,000 in the 2018-2019 financial year and this will be under budget by about $60,000. It is also well under the previous tender.

Given the current and projected savings for the Animal Shelter, it is considered reasonable for the Ranger Services Unit to permanently retain its management and operation of the service. This would allow for the permanent appointment of staff to the positions, for staff to seek out further opportunities to reduce overall operating costs and for the ongoing care and support for animals in the Shoalhaven.

   


 

 Ordinary Meeting – Tuesday 26 February 2019

Page 0

 

Local Government Amendment (governance & planning) act 2016

Chapter 3, Section 8A  Guiding principles for councils

(1)       Exercise of functions generally

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

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

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

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

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

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

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

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

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

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

(2)     Decision-making

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

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

(b)     Councils should consider social justice principles.

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

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

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

(3)     Community participation

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

 

Chapter 3, Section 8B  Principles of sound financial management

The following principles of sound financial management apply to councils:

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

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

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

(i)      performance management and reporting,

(ii)      asset maintenance and enhancement,

(iii)     funding decisions,

(iv)     risk management practices.

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

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

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

 

 

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

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

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

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

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

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

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

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

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

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

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