Agenda of Ordinary Meeting

Ordinary Meeting

Meeting Date: Tuesday, 26 March, 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 - 26 February 2019

6. Declarations of Interest

7. Call Over of the Business Paper

8. Presentation of Petitions

9. Mayoral Minute

Mayoral Minute

MM19.4....... Mayoral Minute - Lake Conjola...................................................................... 1

MM19.5....... Mayoral Minute - Council acknowledge the services of General Manager Russ Pigg........................................................................................................................ 2

MM19.6....... Mayoral Minute - Condolences to New Zealand............................................ 3

MM19.7....... Mayoral Minute - Students Global Strike for Climate Change....................... 4

MM19.8....... Mayoral Minute - Jerrinja Community - Proposed Memorial to recognise history of Roseby Park and historic sites....................................................................... 6

10. Deputations and Presentations

11. Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

CL19.52....... Rescission Motion - CBD19.8 - Parking Infringements in the Shoalhaven - Parking Fine Concessions for Constituents................................................................ 7

CL19.53....... Notice of Motion - CBD19.8 - Parking Infringements in the Shoalhaven - Parking Fine Concessions for Constituents......................................................................... 8

CL19.54....... Notice of Motion - Driving Learner Program.................................................. 9

CL19.55....... Notice of Motion - Policy on the Australian Flag and Other Flags............... 13

CL19.56....... Notice of Motion - West Culburra Concept Plan.......................................... 14

CL19.57....... Notice of Motion - Ulladulla Boardwalk........................................................ 15

CL19.58....... Notice of Motion - Reports Submitted to Council / Committee Meetings.... 16

CL19.59....... Notice of Motion - Disabled Parking - Nowra - Standish Medical Centre.... 17

CL19.60....... Notice of Motion - 2019 ACCA Conference Communique.......................... 18

CL19.61....... Notice of Motion - Donation Request - Shoalhaven Heads Community Consultative Body - Pump Track....................................................................................... 20

CL19.62....... Notice of Motion - Yulunga Hall Playground Upgrade................................. 21

CL19.63....... Notice of Motion - Lake Conjola - Entrance................................................. 24

CL19.64....... Notice of Motion - Lake Conjola - Plastic Debris......................................... 30

CL19.65....... Notice of Motion - Development Application - 171B Strongs Road, Berry.. 32

12. Committee Reports

CL19.66....... Report of the Strategy & Assets Committee - 12 March 2019.................... 33

SA19.24...... Peak Tourist Period Management - Progress Update

SA19.29...... Nowra CBD Multi-Storey Car Park - Update

SA19.31...... Classification of Land - Lot 542 DP 1250028 - Macquarie Drive Burrill Lake

SA19.32...... Classification of Land - Lot 332 DP 1224103 of Subdivision SF9055 - Sussex Inlet Rd Sussex Inlet

SA19.33...... Grant of Electricity Easement for Pad Mount Substation and Restriction on the Use of Land to Endeavour Energy - Shoalhaven Indoor Sports Centre - 84 Cambewarra Road, Bomaderry

SA19.34...... South East Weight of Loads Group (SEWOL) - Deed of Agreement

SA19.36...... Anzac Day – Grant Funding Assistance

IA19.15........ Additional Item - Memorial Gardens Access Ramp and Crossing

CL19.67....... Report of the Nowra CBD Revitalisation Strategy Committee - 13 March 2019 36

CBD19.14... Community Member Submission - Nowra CBD - Traffic congestion, Parking and Rejuvenation Suggestions

CBD19.15... Terms of Reference - Amended version proposed by Committee Members

CL19.68....... Report of the Shoalhaven Traffic Committee - 12 March 2019................... 45

TC19.9........ Temporary Road Closures for ANZAC Day Services and Marches (PN 3477)

TC19.10...... No Parking Beyond This Point - Flatrock Swimming Area (PN 3514)

TC19.11...... Edge Line Marking Croobyar Road Milton (PN 3533)

TC19.12...... Line marking - Wheelbarrow Rd Morton (PN 3534)

TC19.13...... Traffic Signals North St/Kinghorne St/Moss St Nowra (PN 3535)

TC19.14...... Installation of No Stopping Zone - Prince Edward Avenue Culburra Beach (PN 3526)

TC19.15...... Centre Line Marking and RRPMs - Kangaroo Valley Road - (PN 2929)

13. Reports

General Manager

CL19.69....... Sale of Council Employment Land - Lot 93 DP1077878, 15 Tom Thumb Ave South Nowra............................................................................................................ 57

CL19.70....... Grant funding offer from Infrastructure NSW - Growing Local Economies, for Employment Land Activation in the Shoalhaven (Albatross Aviation Technology Park)...................................................................................................................... 58

CL19.71....... Grant funding offers from Dept of Industry, Innovation and Science under the Building Better Regions Fund Round 3...................................................................... 61

CL19.72....... Proposal to move forward to form a Public Private Partnership.................. 69

Finance Corporate & Community Services

CL19.73....... Acceptance of Grant funding - Community Sports Infrastructure Grants Program...................................................................................................................... 70

CL19.74....... Draft Code of Meeting Practice - Public Exhibition...................................... 72

CL19.75....... Draft Code of Conduct - Public Exhibition.................................................... 75

CL19.76....... 2019 Future of Local Government National Summit.................................... 78

CL19.77....... Local Government Summit 2019.................................................................. 80

CL19.78....... Electricity Supply Contract - Nowra Aquatic Park - Short Term - 2019....... 82

CL19.79....... Investment Report - February 2019............................................................. 84

Assets & Works

CL19.80....... Temporary Community Shop - Bendalong................................................... 90

Planning Environment & Development

CL19.81....... Two (2) Bushcare Group Action Plans - Review......................................... 92

CL19.82....... Currarong Coastal Erosion Remediation Project progress report: NSW Department of Industry requirements................................................................................... 95

Shoalhaven Water

CL19.83....... Payment of Dividend from Shoalhaven Water 2017-18............................ 108

CL19.84....... Woollamia, St Andrews Way and Berrys Bay Sewerage Scheme Update 126

CL19.85....... Drought Management and Water Conservation........................................ 129

14. Confidential Reports

Reports

CCL19.5...... Proposal to move forward to form a Public Private Partnership

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

Local Government Act - Section 10A(2)(d)(iii) - Information that would, if disclosed, reveal a trade secret.

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 March 2019

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CL19.60 Notice of Motion - 2019 ACCA Conference Communique

HPERM Ref: D19/87016

Submitted by: Clr Kaye Gartner

Purpose / Summary

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

Recommendation

That Council

1. Endorse the 2019 ACCA conference communique

2. Write to NSW Govt Minister Upton and Commonwealth Govt Minister Price informing them of this endorsement.

3. Incorporate the communique (below) in its ALGA Notices of Motion.

2019 AUSTRALIAN COASTAL COUNCILS CONFERENCE

Kiama 8 March 2018

COMMUNIQUÉ

Preamble

In January and February 2019, the Australian Coastal Councils Association Inc. conducted a survey of coastal councils to collect information on the major issues of current concern to councils in Australia’s coastal areas. After considering the findings of the survey, which were presented to delegates attending the Australian Coastal Councils Conference at Kiama, NSW, from 6 to 8 March 2019, representatives of the coastal councils in attendance endorsed the need for five key policy initiatives, which are outlined in the following communiqué. The representatives also endorsed the need for effective actions to reduce greenhouse gas emissions.

Communiqué

We call on the Australian Government to adopt the following key policy initiatives with the aim of developing a coordinated national response to deal with coastal hazards including rising sea levels, more severe extreme weather events and widespread coastal erosion:

1. Resources to Manage the Coast on behalf of all Australians

Introduce a national funding formula to provide the resources necessary to manage and maintain the coast effectively on behalf of all Australians, including the funds needed to increase the adaptive capacity of councils to address climate impacts.

2. Allocate Financial Assistance Grants to address coastal hazards

Broaden the range of ‘disabilities’ listed under Financial Assistance Grants to include factors such as the vulnerability of coastal areas and communities to coastal hazards.

3. Intergovernmental Agreement on the Coastal Zone

Develop a coordinated national approach to coastal governance through an Intergovernmental Agreement on the Coastal Zone in cooperation with Australian, state, territory and local governments. This would clearly define the roles and responsibilities of each tier of government in relation to coastal zone management.

4. National Coastal Policy

Ensure that the Intergovernmental Agreement on the Coastal Zone forms the basis for a National Coastal Policy which outlines the principles, objectives and actions to be taken to address the challenges of integrated coastal zone management for Australia.

5. Increase funding for Australian climate research programs

Allocate increased levels of funding for Australia’s climate science research programs conducted by CSIRO and other research bodies, including the restoration of funding for the National Climate Change Research Facility or establishment of a similar body and continuing support for CoastAdapt. This is essential to ensure appropriate guidance in relation to responding to coastal hazards is accessible to Australia’s coastal councils so that coastal communities and assets are adequately prepared to address the adverse effects of climate change impacts.

The scale of dealing effectively with coastal hazards along Australia’s vast coastline requires a national approach, national leadership and national funding. We therefore call on the Australian Government to play a lead role in addressing these challenges in consultation with local government authorities, which are knowledgeable in relation to these matters and connected to their communities.

Background

Six SCC Councillors attended various sessions of the ACCA conference in Kiama this year. SCC staff were also in attendance.

This communique is based on the findings of the ACCA survey of coastal council members, which includes SCC. It was adopted by attendees at the plenary session of the conference. A conference where pressing issues of coastal hazards and impacts of changing climate were analysed and discussed in presentation after presentation. Coastal experts, coastal engineers and coastal policy experts all called for a national response given the risks facing our large, coastal populations and infrastructure.

By adopting this communique, SCC signals to our coastal community, our deep understanding of the risks and firm commitment to action.

Ordinary Meeting – Tuesday 26 March 2019

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CL19.62 Notice of Motion - Yulunga Hall Playground Upgrade

HPERM Ref: D19/87260

Submitted by: Clr Patricia White

Purpose / Summary

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

Recommendation

That Council

1. Consults with Yulunga Hall Management Committee, Red Head Villages Association and the Council's Mobile Pre School users to ensure that their treatment of the trees in the playground does not restrict the current easy access to the playground directly from the hall and removes all harmful debris from the playground including any soft fall areas.

2. Consults with the same three community groups to ascertain initially the community's needs and wishes for the playground BEFORE commencing initial planning of possible designs.

3. Meets regularly with the community throughout the planning, design and implementation processes to ensure Council and Community gain the best possible playground

Background

This playground is located next the Yulunga Hall and in close proximity to the Manyana Skate Park, Tennis Courts and Soccer fields. The Hall Management Committee maintain the area and it is the only playground in the Manyana area.

The Hall is utilised by the Council Mobile Preschool as there are no preschools or long day care centres in Bendalong Manyana area.

The current equipment has been in the playground for many years and has been ear marked for upgrade by staff.

Recently the YHMC was advised by Council Staff when asked about the timing for public consultation on the new playground area, the Management Committee was advised:-

· “that we’ll come up with two designs and you can choose one”.

· “By the way, trees are not allowed in areas of soft fall, so we’ll have to fence off the trees.

· The sandpit will stay but that’s all.

The YHMC stresses the need to get the design right as this playground has to meet the needs of a community that is currently being impacted by three large scale residential developments into the future:-

· One development is complete with all 40 home sites completely sold.

· Second development, currently on sale, has 182 home sites.

· Third development has State planning approval for approximately another 320 home sites.

Additionally, the following points need clarification:-

1. If the playground is separated from the hall, the mobile preschool teacher will have to securely escort all the children to the playground and stay there with them and they could only be either outside together or inside together.

2. The reduction in the size of the existing playground area. Council may need to consider if the trees are fenced off, the playground may need extending to the south or east on available Council land.

It is important that Council works with the local community groups to ensure Council “gets this playground right”, as Council did in the consultation and construction of the Manyana Skate Park which has been a great outcome.

I request all Councillors to support the Manyana Community and residents.

Note by the General Manager

The replacement of this playground is funded through the Stronger Country Communities Fund (SCCF). To secure the funding, the project needs to be delivered in accordance with the funding agreement and milestones therein.

The trees will be assessed for risk as it was raised by the Management Committee via Grahame Ralph.

No trees are being planned to be fenced off, only one existing tree in the existing soft-fall area will be located outside of the new playground footprint. Overall the playground companies have been provided with a larger footprint to locate their designs within.

Staff will keep the key stakeholders informed throughout the project development and delivery and can contact staff if they have any questions – noting the requirement to meet the SCCF timeline.

This project has already commenced with staff currently seeking playground designs for this location and other locations where funding has been secured – 4 locations in total, all funded through the SCCF. Playground designs will be consistent with the design principles of the New South Wales Government’s ‘Everyone Can Play Guidelines’ for inclusive playspaces.

This playground has the scope including the detail that there was a preschool next door who use this playground regularly and that designs proposed must accommodate this.

Managing this project with the four playground designs offers economies of scale and an improved offering and outcome for the community. For Yulunga Reserve the allocated budget is $130,000 for all works – this includes shade, soft-fall, landscaping and fencing if budget allows. The funding available does not enable custom design of a playground facility. The designs for Yulunga Reserve will be presented to the community groups for review and comment.

The management committee have been contacted outlining that existing playground access is to remain in its current location. This is a public space and the pre-school requires exclusive access / use of this playground to comply with legislation. Council and the pre-school will need to work with the local community to seek their support for the exclusive use by the mobile pre-school at pre-agreed times to manage expectations of the broader community, some of whom insist on being able to access this facility whilst the pre-school are using it. This necessitated the pre-school ending their play session and returning into the hall. This is a situation that Council staff, in conjunction with the pre-school and broader community are keen to address so that the pre-school can have the use of this facility and comply with legislative requirements.

Ordinary Meeting – Tuesday 26 March 2019

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CL19.63 Notice of Motion - Lake Conjola - Entrance

HPERM Ref: D19/87414

Submitted by: Clr Patricia White

Clr Mitchell Pakes

Purpose / Summary

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

Recommendation

That Council

1. Make further representations to the relevant agencies for approval to open the entrance of Lake Conjola on the following grounds:-

a. To minimise risk to public safety associated with excessive inundation of foreshores and infrastructure as a result of low level flooding that has been affecting residents and foreshore areas for more than 3 months.

b. In accordance with the recommendation from residents and community members at the Lake Conjola Community CCB Meeting 21 January 2019.

c. In-line with the Interim Entrance Management Plan:-

i. On the planned openings prior to Christmas and Easter holiday trigger levels.

ii. Social, mental and physical impact and wellbeing of residents and tourists including events that occurred over last 3 months

d. The continued threat of weather i.e. heavy rain from storms and capacity of contractor’s timeframes and safety to open the entrance in an emergency

2. Continue to make ongoing representations to the relevant agencies for approval to open the entrance at Lake Conjola in accordance with Item 1 above until such opening has occurred.

3. Seek approval from the NSW Government Ministers of Crown Lands, Office Environment and Heritage and Department of Primary Industries (Fisheries) to immediately prepare and maintain a “dry notch” at the entrance to Lake Conjola to allow “break out” of the lake should flooding occur. This is to be maintained until a new Coastal Management Plan is approved by the Minister.

4. Write to the Minister for Crown Lands & Office of Environment & Heritage requesting that an investigation be undertaken immediately to establish how and why Lake Conjola was listed as an “ICOLL” and not a Wave Dominated Barrier Estuary (WDBE).

5. Write to Dept of Fisheries and request Fisheries to investigate:

a. All current, ongoing and future fish and marine life deaths/kills and sea grass kills in Lake Conjola

b. The amount of Lead in the Lake from lost lead from over a century of recreational fishing by testing fish and marine life species in Lake Conjola and the sands beds of the Lake with the lake closed and not being subject to two tidal interchanges per 24 hours, is this lead building up in the water column and the food chain.

6. Undertake investigations for contamination at the old Waste Depot at Lake Conjola. Such investigations to include:-

a. Water samples in Pattimores lagoon, land run off water, Ground water. Take soil core samples. Take into consideration that many residents use bore water to water their gardens, vegetable gardens and fruit trees.

b. Contaminations including asbestos, industrial liquids, insecticides.

c. Seek information from Local residents on knowledge of what was dumped at the site from the original opening.

7. Request the General Manager (or his delegate) to continue to audit the safety of Council assets at Lake Conjola and undertaken any works or signage that maybe necessary.

8. Request the General Manager (or his delegate) to investigate the “Steps “over Lake Revetment walls created by Council on the Council reserve in front of the Lake Conjola Liquor Store and to the east towards Deep Water Resort to be repaired, cleaned and maintained by council.

9. Report timeframe and priority status for preparation of Coastal Management Plan for Lake Conjola to Council.

10. Provide to the Executive of the Lake Conjola CCB documentation as requested by the Lake Conjola CCB including surveys, water testing results, correspondence, Reports etc. (Redaction as required.)

11. Continue to regularly inform the local Member the Hon Shelley Hancock MP of all matters relating to Lake Conjola.

12. Provide monthly update reports to Councillors on all issues concerning Lake Conjola

13. Formerly resolve as policy to continue to support and advocate for residents and community members at Lake Conjola on all issues pertaining to opening the entrance; flooding and erosion at Lake Conjola.

Background

Lake Opening

Council has been aware since November 2018 that there have been major concerns from Residents, community members, visitors and tourists to Lake Conjola with the excessive water inundation of foreshores and infrastructure as a result of low level flooding. Additionally, with the increase risk of storms that could place the lake water levels over the trigger measures in the Interim Entrance Management Policy before Council would be able to place equipment on the beach to remove sand to alleviate flooding to properties.

During December Council commenced preparing a pilot channel which was not in accordance with the Interim Entrance Management Plan, which was demonstrated to Council by the residents and CCB Executive. During January another “Planned managed Channel” as per the Interim Entrance Management Plan was dug however, the “plugs” of the channel were not opened. On advice from Fisheries, they were concerned there may be a fish kill, if the ‘plugs’ from the works were removed; even though fish and other marine species were dying in the lake. Council at this time had approval from the agencies to remove the ‘plugs’ and complete the works as per the Interim Plan.

At the Development & Environment Committee meeting in February 2019 Council resolved to make further request to the Agencies to remove the ‘plugs’ as per the recommendation from the Lake Conjola CCB January Meeting where over 100 people voted to remove the ‘plugs’.

Council made application to Crown Lands & Agencies for the removal of the “plugs” and on Wednesday 13th March the agencies advised Council that application had been refused. The application was refused on the basis that strong opposition was provided from the Office of Environment and Heritage and Dept of Primary Industry Fisheries as the proposed works were not compliant with the Interim Entrance Management Policy. It is noted that on the 5th February the lake level was 0.89.

Over weekend of 16^th & 17^th March due to heavy rain and storms the Lake received 52mm of rain which increased the lake level from 0.71 to 0.78AHD. Most of this rain fell during the night.

In relation to the trigger levels in the Interim Entrance Management Plan the Lake Conjola Community Association (CCA) Executive believe there are Ambiguous statements regarding the trigger levels at Easter.

Council claim statements support the exclusion of the trigger. CCA claim it states the removal of the trigger is NOT supported. There is no documented/minuted evidence to support Council’s position, not documented discussion on the trigger – e.g. not in the Southern Region Natural Resources and Floodplain Committee SNRFMC Minutes and CCA Members of the Committee have never supported the removal of this trigger, nor would they. The last creditable document is in the approved 2013 Flood Study. This then raises questions as to the validity/credibility of the statement with Council’s interpretation. See below from the documentation.

Holiday Trigger Levels.

BMT WBM 2013 Lake Conjola Floodplain Risk Management Study and Plan recommended:-

Planned Opening at 1.0m a level of 0.8 m AHD plant and equipment are to be placed on standby

Pre-Holiday Opening at 0.8 - 1.0m AHD - If the Lake Level reaches and stabilises at a level between 0.8 m and 1.0 m AHD, within one month prior to or at the time of the Christmas and Easter holidays and moderate or heavy rainfall is ongoing or predicted

Emergency Opening at 1.2m AHD – An emergency situation where the Lake water levels are rising rapidly and a flood event is occurring or predicted.

2013 Interim Entrance Management Policy - Statement on the last page of the

“Removal of the pre-holiday opening @ 0.8m-1.0mAHD. This option was not supported by State Government Agencies and the REF. In addition, it was not supported at workshops with community members.”

Residents have advised Councillors and staff that each night they are awake and in distress that if heavy rain or storms hit the Lake Conjola area they will be flooded and not have time to move cars, furniture, other items or use sandbags if required. Their mental health is now suffering after the prolonged period of more than 3 months. Additionally, consideration must also be given to the capacity of contractor’s timeframes and safety to open the entrance in an emergency.

Lake Conjola residents have continuously made requests to Council and on social media for Council to open the lake to relieve the flooding. Recommendation 1 and 2 allows Council to continue to make application to Crown Lands and the agencies for approval to open the lake.

Dry Notch

Office of Environment & Heritage have advised Council that a review or update of the Policy and Management of the Entrance must form part of a coastal management program for Lake Conjola under the NSW Coastal Management Act 2016 and a review of the current Interim Plan is not an available option.

The timeframe for the new Plan is a minimum of 2 years away and this will mean the current interim plan remains in place, putting residents, community members and tourists at risk of flooding. Recommendation 3 is seeking approval from the Ministers to immediately prepare and maintain a “dry notch” at the entrance to Lake Conjola to allow “break out” of the lake should flooding occur. This is to be maintained until a new Coastal Management Plan is approved by the Minister. Councillors will be aware that this is how Shoalhaven River is maintained at the Heads by Council.

ICOLL

Lake Conjola has always in the past been classified and called an estuary, hence the Lake Conjola Estuary Management Plan. The lake is a deep water estuary with over a one hundred year history of Oyster Farming and Professional Net Fishing.

Neither Council, nor the agencies provided any evidence/data to classify Conjola as an ICOLL, and nothing changed with the condition of the Lake.

According to ‘old’ locals who have lived at Lake Conjola their entire life, there has been massive loss of Seagrass (Zostera sp) beds. The lake has suffered and these seagrass beds can be easily seen and proven with historical aerial shots of the lake. The DPI state – “intermittently closed and open lakes and lagoons (ICOLLs) are a prominent feature of the NSW coast. Icolls generally contain little or no seagrass. Their mouths are blocked for much of the time, creating conditions hostile to the growth of seagrass”.

http://www.dpi.nsw.gov.au/__data/assets/pdf_file/0019/203149/seagrasses-primefact-629.pdf?fbclid=IwAR3mC-X__TmnATScJmqr7qFT_LB3BxqkersXyP8CVVuxxlNLSOQpdWDeFZU

Community research has shown there is so much evidence to dispute the ICOLL classification a search of the list of ICOLLS are predominately very shallow small bodies of water muchly void of aquatic life and under 200mm in depth https://www.environment.nsw.gov.au/topics/water/estuaries/estuaries-of-nsw/search-nsw-estuary-profiles.

An interesting exercise to use google earth and actually view the NSW ICOLLS visually and note the size of them and how there is no human habitat (urbanisation) surrounding the majority of them and correlate that visual information with the OE&H written information on the ICOLLS on the above link.

A search through Trove will inundate the searcher with countless applications for Oyster Leases in Lake Conjola and the Berringer Lake and also transfers of Oyster Lease Licences. Lake Conjola had a thriving and well known award winning oyster industry.

Professional net fishing was only halted in the lake by DPI/Fisheries for the fear of spreading the noxious marine weed taxifolia Caulerpa, before this the lake was always professionally netted and Killarney was used for the trucking and boxing up of the professional fish haul.

Refer to following documents:-

Sep 1985 – An Estuarine Inventory for NSW, Dept of Agriculture, Fisheries. Lake Conjola is referred to as a “Barrier Estuary, with little Infilling, that is Open to the Sea”.

2005 – Marine Parks Authority, NSW : Broadscale Biodiversity Assessment of the Batemans Shelf and Twofold Shelf Marine Bioregions, D.A. Breen, R.P. Avery and N.M. Otway – Study funded by the Federal Govt.

Classified Conjola as a “WAVE DOMINATED BARRIER ESTUARY”, same as Minnamurra R, St Georges Basin, Lake Macquarie, Shoalhaven R, Moruya River, Wagonga Inlet – total 2% of the classifications.

The Report is an extensive biodiversity assessment of the coast.

States that Conjola is of low ecological importance (p29)

2010 – State of the Catchments Estuaries & Coastal Lakes, OEH – not classified as an ICOLL.

Nov 2012 – REF Entrance Mgt Lake Conjola, Peter Spurway & Associates. Submission to the SNRFMC . “Lake Conjola is a medium sized barrier estuary”

May 2013 – Draft LC Estuary Mgt Plan refers to Conjola as an ICOLL

Fish & Seagrass Kill & Lead

Over the 3 months there have been number of fish kills in Lake Conjola that have been identified by locals, tourists and media. Residents are requesting that Council obtain advice from Fisheries on what they are doing to monitor the health of the lake and marine life – this is to prevent an occurrence of fish kill. Historically Conjola has a history of having significant sea grass beds. Sea grass is not usually found in an ICOLL (refer DPI Primefact Sep 2007). There is clear evidence that sea grass in the Lake is dying and residents and visitors are questioning why?

Sea grass is extremely valuable and contributes to reduction of green house gasses. Smithsonian Institute state that one acre of seagrass can sequester 83 g carbon per square meter per year, the same amount emitted by a car traveling around 6,212 km.

https://ocean.si.edu/ocean-life/plants-algae/seagrass-and-seagrass-beds

In regards to the lead on the lake bed and considering that it doesn’t take many fishing sinkers to add up to a kilo and considering that fishing has been recreationally pursued in the lake since 1880, 139 years could equal @ 1 kilo lost per week 7,228 kilos of lead in the lake (this could be wildly under estimated or over estimated) the point is that there is a massive amount of lead in the lake and residents would like to know what concerns (if any) there is to such a large amount of lead with a large surface area considering the size of fishing sinkers and literally the entire lake bed with no parts free of lead.

Waste

The waste Depot at Lake Conjola, locals have informed Council, it was a 24 hour 7 day a week when originally opened. There are concerns regarding the historical contamination of the site, even though the old tip has been capped with clay.

There are concerns with preclude rain water ingress percolating through the site causing toxic leachate. The community has requested up-dated testing of the old tip site, surrounding waterways and land to ensure there are no issues.

Hazards

Council Jetty at Valley Driver, Conjola Park is under water. In some areas, e.g. boulders have collapsed from rock walls (adjacent Fisherman’s Paradise boat ramp). Council needs to monitor the safety and risks to residents and the general public.

Documentation

The CCB has requested Council to provide copies of Council documents to enable them to work with Council and the agencies to gain the best outcomes for Lake Conjola. To date most information requested has not been provided nor any reasons as to why the CCB could not see the information. To ensure transparency to the Community, Council should authorise the release subject to General Manager approval including any redaction; should the information be confidential then Staff should advise the CCB accordingly.

The Hon Shelley Hancock MP has worked closely with the residents of Lake Conjola and should be kept informed of ongoing matters. Council may require assistance from the local Member when contacting Ministers.

The issue of the Interim Entrance Management Policy has been an issue since it was adopted as an “Interim” policy and should have been reviewed.

I request all Councillors to continue to support and advocate for the residents,

Community members and visitors on all issues pertaining to opening the entrance, flooding and erosion at Lake Conjola.

Note by the General Manager

The consistent advice from NSW Government agencies is that they do not support opening Lake Conjola below the identified trigger levels in the current interim entrance management policy.

Council officers have made representations to NSW Government agencies about maintaining a dry notch as part of a review into the operational aspects of the current policy. The current policy provides scope for ‘trial’ in this regard, however it is likely that Council will need to apply for a Crown Lands licence to conduct trial dry notch works. A development application may also be required under the provisions of the Coastal Management Act 2016 and Coastal Management State Environmental Planning Policy (SEPP). Agencies support investigation into the trial of a dry notch for a ‘defined period’ as long as the dry notch level is above/maintained at current trigger levels; the viability in terms of monetary and resourcing costs to Council assessed first based on experience with Shoalhaven Heads and comparing to current costs of digging pilot channels at Conjola and an environmental assessment is carried out. Agencies have advised that they would only support trialling for a defined period after a basic assessment of potential costs and resourcing effort compared to current approach has been completed and made clear to all, noting that maintaining a dry notch may not be a viable solution and in the context that the trial would inform a future review of the policy through preparation of a coastal management program.

Based on Council’s experience of maintaining a dry notch at Shoalhaven Heads, a hydraulic assessment may need to be carried out to determine the optimal dry notch design. The dry notch maintenance works at Shoalhaven Heads conducted in April 2018 cost approximately $65,000. Council’s total annual budget for entrance openings is $65,000. The establishment of a similar dry-notch at Lake Conjola entrance to could require regular removal of up to 15,000m3 based on a basic calculation and cost up to $260,000. The last three-monthly surveys (Jan, Feb and Mar) of the Lake Conjola entrance show that the berm reaches >2.0m AHD, 30-40m in width AHD within weeks, meaning that mechanical intervention to maintain a dry notch would be frequently required.

Council officers also sought advice from agencies, as requested by the Lake Conjola Community Association, in relation to the definition of Lake Conjola as an ICOLL. The NSW Office of Environment & Heritage (OEH) advise that “OEH considers that any estuary that can and has in the past closed to the ocean as being able to be defined as an ICOLL. It is well known that Lake Conjola has historically closed on numerous occasions, including being cited in historic newspaper articles from as far back as 1909. An estuary can be both classified as a wave dominated barrier estuary and an ICOLL if it is known to close for periods, they are simply just ways to classify estuaries based on different attributes. Some estuaries that have historically remained opened for several decades can have periods of closure in extreme conditions including drought, which is the case for estuaries like the Tuross River, also classified as a wave dominated barrier estuary and which can be called an ICOLL. Many ICOLLs, including Lake Conjola, support extensive seagrass beds. OEH recommends that studies to look at any trends in seagrass decline and likely causes be completed during preparation of a coastal management program.” NSW DPI Fisheries have also provided advise that Lake Conjola is an ICOLL and presented this information to the round-table meeting on 6 February 2019.

DPI Fisheries manages investigations on all reported fish kills and advise that regarding potential contamination levels in fish, DPI Fisheries acts on the advice of the EPA and the Department of Health.

Council has drafted a grant application for a Lake Conjola Coastal Management Program (CMP) and has received input from OEH in preparation of the application. The application has also been provided to the Conjola Community Association for review and feedback. OEH have advised that preparation of a CMP is likely to take two (2) years.

Ordinary Meeting – Tuesday 26 March 2019

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CL19.66 Report of the Strategy & Assets Committee - 12 March 2019

HPERM Ref: D19/83737

IA19.15 Additional Item - Memorial Gardens Access Ramp and Crossing

Recommendation

That:

1. Staff investigate and construct the accessible ramp/path and realign the crossing at the Memorial Gardens Worrigee and report back.

2. This matter be added to the Action Table.

3. This matter be included in the 2019/2020 budget and works be delivered as a priority.

4. When carparking is under review, Council consider the number of parking spaces with a view to increasing the ratio of disability/accessible carparking spaces.

SA19.24 Peak Tourist Period Management - Progress Update

HPERM Ref: D19/25114

Recommendation

That Council:

1. Receive the report on the results of management strategies implemented over the peak tourism period to manage traffic, safety and local amenity concerns in high visitation areas.

2. Continue to manage short term high tourism visitation challenges over the next 12 months throughout the Shoalhaven Region and continue to provide a net budget allocation of $150,000 in the 2019/20 financial year to ensure the standard of service and improvements made over the last 12 months are maintained.

3. Commit to ongoing priority be given to resolving Hyams Beach challenges through continued investigation of long-term solutions as follows:

i. Actively pursue options for parking outside of Hyams Beach Village with walk in and/or a shuttle bus service, with preference given to two identified potential sites owned by Jerrinja Land Council and National Parks and Wildlife Service respectively.

ii. Actively work on feasibility, funding and installation of a permanent roundabout to ease traffic congestion and control access into Hyams Beach at peak holiday times.

iii. Continue to actively investigate the viability of paid parking through the required traffic studies and report back to council in due course.

4. Note that in relation to issues with illegal camping and noise complaints within the Seamans Carpark and in response to strong representations from the community to limit use of the carpark to be open only during daylight hours, the following key actions will be trialled:

i. Installation of a gate on the carpark and lock the gate – carpark only open during daylight hours

ii. Lock toilets – open only during daylight hours

iii. Investigate the ability to issue higher dollar infringements for illegal camping

5. Receive a further report on the outcomes of the grant application for infrastructure upgrades under the “Shoalhaven Sustainable Tourism Infrastructure Package” as part of the Restart NSW Environment and Tourism fund

6. Actively seek ongoing funding for tourism related infrastructure improvement projects as opportunities arise.

7. Proceed with a limited Expressions of Interest process to identify potential Smart Technology Solutions available to assist in solving the very high visitation challenges identified at Hyams Beach and report findings with estimated budgets back to council and the community via the Hyams Beach CCB.

SA19.29 Nowra CBD Multi-Storey Car Park - Update

HPERM Ref: D18/418293

Recommendation

That Council allocate $150,000 in the 2019/20 draft budget to complete the detail design required to get the approved multi storey car park at Corner Berry St Worrigee St, Nowra to a shovel ready stage.

SA19.31 Classification of Land - Lot 542 DP 1250028 - Macquarie Drive Burrill Lake

HPERM Ref: D19/46192

Recommendation

That Council resolve to classify the land as Lot 542 DP 1250028, Macquarie Drive Burrill Lake in 3A07/1005, as Community Land.

SA19.32 Classification of Land - Lot 332 DP 1224103 of Subdivision SF9055 - Sussex Inlet Rd Sussex Inlet

HPERM Ref: D19/46272

Recommendation

That Council resolve to classify the land described as Lot 332 DP 1224103 in SF9055, Sussex Inlet Rd, Sussex Inlet, as Operational Land.

SA19.33 Grant of Electricity Easement for Pad Mount Substation and Restriction on the Use of Land to Endeavour Energy - Shoalhaven Indoor Sports Centre - 84 Cambewarra Road, Bomaderry

HPERM Ref: D19/20550

Recommendation

That Council:

1. Grant an Easement for a Pad Mount Substation and the creation of a Restriction on the Use of Land in favour of Endeavour Energy over Lot 100 DP1237704, 84 Cambewarra Road, Bomaderry; and

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

SA19.34 South East Weight of Loads Group (SEWOL) - Deed of Agreement

HPERM Ref: D19/46340

Recommendation

That:

1. The Deed of Agreement between the Shoalhaven City Council and Queanbeyan City Council (on behalf of the association known as the South East Weight of Loads Group), for the purposes of administering the weight of loads of motor vehicles using local council and classified roads, be continued for a period of 4 years, with the annual contribution being voted from the relevant year's Roads Maintenance allocation (Job No 25002);

2. The General Manager be authorised to agree to changes to SEWOL inspectorial staff, on behalf of Council; and

3. 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.

SA19.36 Anzac Day – Grant Funding Assistance

HPERM Ref: D19/55590

Recommendation

That:

1. Council accepts the $7,500 grant funding contribution approved to date by Gladys Berejiklian MP (Premier of NSW) in support of the 2019 Anzac Day services

2. The General Manager (Director Assets & Works) writes to both Gladys Berejiklian MP (Premier of NSW) and South Coast MP Shelley Hancock, thanking them for the financial support of Shoalhaven Anzac Day services approved to date, which will help to mitigate the cost burden on Council in the 2018-19 year.

3. Council notes the advice received from David Elliott MP (Minister for Counter Terrorism, Minister for Corrections, and Minister for Veterans Affairs) that the responsibility for organising and funding Anzac Day marches sits with the NSW State Branch of the RSL and the respective sub-branches.

4. The General Manager (Director Assets & Works) continues to seek an annual commitment from the State Government to assist the NSW State Branch of the RSL and the respective sub-branches fund their ANZAC Day Ceremonies (in particular Traffic Controller and Marshal training) and thus mitigate Council’s ongoing costs in supporting future annual Anzac Day ceremonies.

5. Whilst funding commitments for future ANZAC Day marches continues to be negotiated, Council continues to provide support to the local RSL sub-branches in the planning and implementation of local Anzac Day ceremonies in the Shoalhaven for 2019.

6. Council’s budget established in support of local Anzac Day ceremonies be reviewed after the 2019 Anzac Day services; however, $30,000 initially to be included in the draft budget for 2019-20, and a further report to Council be provided in regard to future budgets required (in support of the 2020 Anzac Day services, and beyond).

Ordinary Meeting – Tuesday 26 March 2019

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CL19.68 Report of the Shoalhaven Traffic Committee - 12 March 2019

HPERM Ref: D19/79199

Attachments: 1. TC19.10 - Flatrock Swimming Area - No parking - plan 1 ⇩

2. TC19.10 - Flatrock Swimming Area - No parking - plan 2 ⇩

3. TC19.11 - Croobyar Road, Milton - Edge line marking ⇩

4. TC19.12 - Wheelbarrow Rd, Morton - Line marking ⇩

5. TC19.13 - Traffic Signals North St/Kinghorne St/Moss St Nowra - plan 1 ⇩

6. TC19.13 - Traffic Signals North St/Kinghorne St/Moss St Nowra - plan 2 ⇩

7. TC19.13 - Traffic Signals North St/Kinghorne St/Moss St Nowra - plan 3 ⇩

8. TC19.14 - Prince Edward Avenue Culburra Beach - Installation of no stopping zone ⇩

9. TC19.15 - Centre line marking and RRPMs - Kangaroo Valley Road ⇩

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

TC19.9 Temporary Road Closures for ANZAC Day Services and Marches (PN 3477)

HPERM Ref: D19/72552

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the following proposed road closures on 25 April 2019 in support of annual ANZAC Day marches and ceremonies;

1. Berry – Assemble in Queen Street adjacent to Apex Park at 10.20am. The march will move off at 10.30am via Queen and Alexandra Streets to War Memorial Gardens for the one (1) hour service.

2. Bomaderry – Dawn Service in Walsh Memorial Park, Meroo Street commencing at 5:45am. Memorial Service – Assemble in Bunberra Street adjacent to Bomaderry RSL Club at 9.00am and march to Walsh Memorial Park in Meroo Street at 9.15am via Bunberra and Meroo Streets for service at 9.30am.

3. Callala Beach – A Memorial Service will be held at the Cenotaph in the grounds of the Callala RSL Country Club commencing at 10.00am.

4. Culburra – Assemble in Culburra Bowling and Recreation Club car park at 11.30am. March to the War Memorial adjacent to the Culburra Community Centre at 11.45am via West Crescent and Culburra Road for service at 12noon.

5. Greenwell Point – Dawn Service – Assemble at Greenwell Point Memorial Hall at 5.10am and march off at 5.25am to ANZAC Park via Greenwell Point Road for service.

6. Huskisson – Assemble in Hawke Street adjacent to White Sands Park at 10.15am. The march will move off at 10.30am via Hawke, Owen and Currambene Streets to Voyager Park for service commencing at 11.00am.

7. Kangaroo Valley – Assemble at the Showground at 9.45am for march to commence at 10.00am travelling along Moss Vale Road to Cenotaph for service, returning along same route for dispersal at the Showground at approx. 11.30am.

8. Milton – Assemble at the intersection of the Princes Highway and Church Street at 10.00am for the march to commence at 10.30am along the Princes Highway to Milton Cenotaph for service expected to be completed by 12noon.

9. Nowra – Assemble at 10.10am in Junction Street between Berry and Osborne Streets, march to Memorial Gates at Nowra Showground at 10.30am for a one (1) hour service after which the assembly will march along Junction Street to Shoalhaven Street where the parade will be dispersed.

10. Shoalhaven Heads – Assemble at 5.30am adjacent to the Centre Shops in Shoalhaven Heads Road with march to commence at 5.45am to the Shoalhaven Heads Memorial Park via Shoalhaven Heads Road for the service.

11. St Georges Basin – Memorial Service – Assemble in the Lions Park Memorial, Island Point Road (opposite hardware store) at 10.50am for service commencing at 11.00am.

12. Sussex Inlet – Assemble in Neilson Road at 9.45am in front of RSL Sub-Branch Hall for the march commencing at 10am to the Sussex Inlet War Memorial at the RSL Club for the service.

TC19.10 No Parking Beyond This Point - Flatrock Swimming Area (PN 3514)

HPERM Ref: D19/72608

Recommendation

That the General Manager (Director Assets and Works) be requested to arrange for the installation of a “No Parking Area” sign at the Council stockpile site on Upper Kangaroo River Road, Upper Kangaroo River, as detailed in the attached plan.

TC19.11 Edge Line Marking Croobyar Road Milton (PN 3533)

HPERM Ref: D19/72725

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed E1 line marking on Croobyar Road, Milton between Myrtle Street and Price Parkway, as detailed in the attached plan.

TC19.12 Line marking - Wheelbarrow Rd Morton (PN 3534)

HPERM Ref: D19/72826

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed double barrier (BB) and edge line (E1) marking works on Wheelbarrow Road, Morton from CH1.98 to 3.2km, as detailed in the attached plan.

TC19.13 Traffic Signals North St/Kinghorne St/Moss St Nowra (PN 3535)

HPERM Ref: D19/72919

Recommendation

That the General Manager (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed installation of traffic signals and associated line marking and signage at the intersection of North Street/Kinghorne Street/Moss Street, Nowra, as detailed in the attached plan.

TC19.14 Installation of No Stopping Zone - Prince Edward Avenue Culburra Beach (PN 3526)

HPERM Ref: D19/72991

Recommendation

That:

1. Council notes that further consultation with Holiday Haven has been undertaken by staff.

2. The General Manager (Director Assets and Works) be requested to arrange for the installation of a No Stopping zone 20 metres either side of the Holiday Haven Tourist Park access on Prince Edward Avenue, Culburra Beach, as detailed in the attached plan.

TC19.15 Centre Line Marking and RRPMs - Kangaroo Valley Road - (PN 2929)

HPERM Ref: D19/73035

Recommendation

That the General Manager (Director, Planning Environment & Development) be requested to arrange for the installation of Centre Line marking on Kangaroo Valley Road (between Bundewallah Road, Berry and Wattamolla Road, Berry Mountain) approximately 12.4 km.

Ordinary Meeting – Tuesday 26 March 2019

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CL19.70 Grant funding offer from Infrastructure NSW - Growing Local Economies, for Employment Land Activation in the Shoalhaven (Albatross Aviation Technology Park)

HPERM Ref: D19/84514

Group: General Manager's Group

Section: Economic Development

Purpose / Summary

Council made several applications under Regional Growth Fund – Growing Local Economies Program and has been informed that the application relating to the expansion of the Albatross Aviation Technology Park has been approved. It is necessary to accept the grant and enter into a funding deed with NSW Treasury.

Recommendation

That Council:

1. Accept the grant of $4,950,000 from Infrastructure NSW under the Regional Growth Fund – Growing Local Economies Program to expand the Albatross Aviation Technology Park.

2. Source it’s financial contribution to the works from the Industrial Land Development Reserve.

3. Authorise the General Manager to sign the funding deed with the NSW Government.

4. Write to the Members for Kiama and South Coast thanking the NSW Government for the funding grant from the Regional Growth Fund – Growing Local Economies Program.

Options

1. The recommendation be accepted as written.

Implications: The grant offer is accepted and Council will provide the additional funds from the Industrial Land Development Reserve. The total project cost is estimated at $6,625,000.

2. The recommendation be amended.

3. An alternative resolution be proposed.

4. The grant offer be refused by resolution.

Background

Part of the NSW Government’s $1.6 billion Regional Growth Fund, the $500 million Growing Local Economies fund is designed to unlock growth in regional NSW by delivering the infrastructure that supports projects of economic significance and turbocharge new regional economic opportunities.

Announced in August 2017 the GLE program required that a Regional Economic Development Strategy be developed for each of around 40 Functional Economic Regions prior to the program being operative for that region. The Shoalhaven REDS document was finalised by the Government in June 2018.

In June 2018 Council received a report and resolved (MIN18.370) to:

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

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

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

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

Project applications were worked up and the following applications were lodged in September 2018:

· Employment Land Activation in the Shoalhaven:

o Woollamia Industrial Estate – 17 lots

o Flinders Industrial Estate – 14 lots

o Albatross Aviation Technology Park – 9 lots

o Ulladulla Industrial Estate – 11 lots

o Total Project cost $19,650,000; (GLE - $10.0m; Council - $9.65m)

· Woollamia Commercial Boating Infrastructure

o Total Project cost $1,367,000; (GLE - $1.025m; Council - $342,000)

· Construction of Berths in Ulladulla Harbour (Rock removal)

o Total Project cost $2,947,000; (GLE - $1.358m; Council $0.4m; Other agencies - $1.189m)

A further application for ENSA has been developed based on a project cost of $45m This application has not been finalised pending determination of the submitted applications to see what funds might be realistically obtained.

As at late February only the Employment Land application had been subject to assessment. The request of Premiers & Cabinet the submitted application was restructured to extract the AATP for determination separately.

Stage 5 of Albatross Aviation Technology Park (AATP) will allow up to 9 lots for the aviation industry to be released with 7 of these lots having access to a taxiway for aircraft movements (up to Category B aircraft). The exact lots will be subject to purchaser requirements.

At the AATP a separate firefighting water reticulation system will be created to provide water flows and pressures required to meet Dept of Defence specifications. The industrial lots have flow and pressures to meet BCA regulations but as the land is relatively high in the municipal reticulation system the DoD requirements cannot be met without supplementation.

Works for this project will occur during 2020/21 and 2021/22 with detailed designs being undertaken beforehand.

Community Engagement

The development of the Shoalhaven was undertaken by consultants employed by the Dept of Premier & Cabinet. Engagement with stakeholders was quite extensive during this process with various business groups, government agencies and Council.

Policy Implications

This project fits within the Council undertaking that a supply of employment land is maintained.

Financial Implications

Council’s contribution will come from the Industrial Land Development Reserve and sufficient funds will exist when required in 2020

Risk Implications

This project is within the scope and expertise of Council staff to manage with delivery by contractors determined through a tender process.

Ordinary Meeting – Tuesday 26 March 2019

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CL19.71 Grant funding offers from Dept of Industry, Innovation and Science under the Building Better Regions Fund Round 3.

HPERM Ref: D19/84515

Group: General Manager's Group

Section: Economic Development

Purpose / Summary

Council made several applications under the Australian Government’s Building Better Regions Fund Program and has been informed that the five applications have been approved and funding offers have been received.

Recommendation

That Council:

1. Accept the grant of $1,700,000 from the Building Better Regions Fund for the “Placemaking for Vincentia Village” project.

2. Accept the grant of $462,000 from the Building Better Regions Fund for the “Jervis Bay Active Transport Improvements, Myola” project.

3. Accept the grant of $478,253 from the Building Better Regions Fund for the “Boongaree Park, Childhood Adventure Zone, Berry” project.

4. Accept the grant of $50,000 from the Building Better Regions Fund for a “Shoalhaven Health & Wellbeing Strategy”.

5. Accept the grant of $25,000 from the Building Better Regions Fund for the “Building Better Futures in Sanctuary Point, Bomaderry and Orient Point” project.

6. Authorise the General Manager to sign the funding agreements with the Australian Government for each of the above projects.

7. Source the matching contributions for the Infrastructure Stream projects, totalling $2,568,999, from a combination of internal borrowing from reserves and future capital budget allocations over the period 2018/19 to 2020/21 as previously reported to council in October 2018. Matching funds for the Community Investment stream projects, be funded from operational budgets.

8. Write to the Member for Gilmore thanking the Australian Government for the funding grants from the Building Better Regions Fund Round 3.

Options

1. The recommendation be accepted as written.

Implications: The grant offers are accepted and Council will provide the additional funds in accordance with the financial implications contained in the previous report to Council in October 2018:

For infrastructure projects, it is intended that the upfront matching funding required will be sourced from internal borrowing from General Fund reserves (strategic projects; committed capital works; communications towers) and future capital budget allocations over the period 2018/19 to 2020/21. Dependent upon the extent of internal borrowing required, longer term financial strategies will be developed to ensure repayment to the reserves within a reasonable timeframe.

Existing budgets over the period 2018/19 to 2020/21 will be used to fund community investment projects. Depending on which projects are successful, alternate funding sources may become available that are not specifically allocated; this can be determined on a case by case basis.

The Council contributions required are:

· Infrastructure projects -

o Placemaking for Vincentia Village - $1,744,246

o Jervis Bay Active Transport Improvements, Myola - $462,500

o Boongaree Park, Childhood Adventure Zone, Berry - $362,253 plus $116,000 from Berry Rotary Club

· Community Investment projects –

o Shoalhaven Health & Wellbeing Strategy – $50,000

o Building Better Futures in Sanctuary Point, Bomaderry and Orient Point - $25,000

2. The recommendation be amended.

3. An alternative resolution be proposed.

4. Grant offers be refused by resolution.

Background

The Building Better Regions Fund (BBRF) supports the Australian Government’s commitment to create jobs, drive economic growth and build stronger regional communities into the future.

For Round 3, $200 million was available, with up to $45 million of this funding earmarked to support tourism related infrastructure projects. There were two streams of funding available under the program:

· Infrastructure Projects Stream

· Community Investments Stream

In October 2018 Council received a report and resolved (MIN18.840) (The aspects of the resolution pertinent to the grant offers have been bolded.)

That Council:

1. Endorse the following projects to proceed as applications under the Infrastructure Stream of the Building Better Regions Fund (Round 3) in the following priority order:

a. A project at Myola to provide car park, public amenities, and traffic calming to the value of $1.2m, seeking grant funding of $600,000 with a Council contribution of $600,000

b. A project at Berry to provide a nature play area, including learn to ride facility, in Boongaree Park to the value of $1.0m, seeking grant funding of $500,000 with a Council contribution of $500,000

c. Burton St (Vincentia) Project to the value of $3m, seeking grant funding of $1.5m with a Council contribution of $1.5m

d. Sydney & Owen St roundabout at Huskisson to the value of $1.4m, seeking grant funding of $700,000 with a Council contribution of $700,000

e. A project at Swanhaven to provide a shared user path bridge to the value of $1.5m, seeking grant funding of $750,000 with a Council contribution of $750,000

2. Note that Council matching contributions for the Infrastructure Stream projects, totalling $4.05M, will be sourced from a combination of internal borrowing from reserves and future capital budget allocations over the period 2018/19 to 2020/21

3. Endorse that Shoalhaven City Council auspice Stage 1 of the Riversdale Masterplan at Riversdale, seeking grant funding of up to $9.5m from the Building Better Regions Fund (Infrastructure Stream) subject to Bundanon Trust providing evidence of the matching funding and a funding pathway to complete the Stage 1 project by December 2021

4. Endorse the following projects to proceed as applications under the Community Investment Stream of the Building Better Regions Fund (Round 3):

a) At Ulladulla, a project to address safety and amenity at Warden Headland to the value of $200,000, seeking grant funding of $100,000 with the matching contribution of $100,000 coming from Crown Lands over the period 2018/19 to 2020/21

b) At each of the four local Showgrounds, a project to create a Master Plan and Plan of Management at a combined cost of $400,000, seeking grant funding of $200,000 with the matching contribution of $200,000 coming from a combination of Crown Lands and the Community & Recreational budget over the period 2018/19 to 2020/21

c) To develop a Community Needs Gap Report of Disadvantaged Communities, a project to address issues at Bomaderry, Sanctuary Point, Nowra East and Wreck Bay (JB Territory) to the value of $50,000, seeking grant funding of $25,000 with the matching contribution of $25,000 coming from the Community & Recreational budget over the period 2018/19 to 2020/21

d) At Ulladulla Skate Park, a project to undertake a Master Plan and final design to the value of $100,000, seeking grant funding of $50,000 with the matching contribution of $50,000 coming from the Community & Recreational budget over the period 2018/19 to 2020/21

e) To develop a Bay & Basin Community Precinct Detailed Design, to the value of $250,000, seeking grant funding of $125,000 with the matching contribution of $125,000 coming from the Community & Recreational budget over the period 2018/19 to 2020/21

f) At Paringa Park, Nowra, a project to undertake detailed design to the value of $150,000, seeking grant funding of $75,000 with the matching contribution of $75,000 coming from the Community & Recreational budget in 2018/19

g) To develop a Shoalhaven Public Transport Audit and Strategic Plan to the value of $75,000, seeking grant funding of $37,500 with the matching contribution of $37,500 coming from the Community & Recreational budget over the period 2018/19 to 2020/21

h) To develop a Shoalhaven Health & Wellbeing Strategy to the value of $100,000, seeking grant funding of $50,000 with the matching contribution of $50,000 coming from the Community & Recreational budget over the period 2018/19 to 2020/21

i) Investigate the opportunity for a submission for the Stewart Place Masterplan.

In more detail each of the projects approved will deliver:

54818E/2 Placemaking for Vincentia Village

Summary of Project: Vincentia, like the entire Jervis Bay region, is renowned for its beautiful beaches, clear water and natural environment, is a popular destination for domestic and international tourists and local day trippers.

The village shopping mall offers facilities serving the area’s resident population and visitors. The revitalisation of the precinct is long overdue with other Jervis Bay villages benefitting from recent upgrades to infrastructure and development of the public and commercial space.

The intention is to completely re‐landscape the 4500 m² Burton Street Mall. Within this footprint there is approximately 900m² of outdoor open space.

This project will give this tired and pinched open space a kickstart by revamping and rescaling it into a multi‐dimensional attractive hub for young and old, local and visitor alike.

Through co‐operation of the owners of adjoining shops, the tenant mix can be made to offer an

evening economy aimed at open plaza dining and multi‐community‐use.

Project Deliverables:

· Expanding and redeveloping the 900m² central area space into a seamless public open space plaza with opportunities for outdoor dining and sitting, music and markets, stalls and food fairs. Improved pedestrian linkages to the shop fronts on either side with inclusivity and access for all a priority.

· Reviewing and decreasing the current allocated carpark spaces to the north (1168m2) and south (1030m²). To allow increase in public open space area and greater permeability and connections to the shops and cafes adjacent.

· Realignment of carparking in adjacent streets will maintain carparking numbers.

· New unisex accessible toilet amenities to suit the new space and comply with current standards and codes.

· All‐weather stage with lighting and power suitable for small concerts through the seasons,

· 700m² evenly graded gathering place suitable for markets, night time dining, children’s play and day time relaxing.

· Improved vehicular movement, pedestrian linkages and accessibility.

· Proposed material palette of sandstone to pick up on the natural environment of Jervis Bay of stony sandstone outcrops, tough xerophytic plants, headlands dropping steeply to crystal clear blue waters. Inclusivity and accessibility will be enhanced to provide greater user friendliness to this the most convenient locale in Vincentia.

· Access to Wi-Fi, which will be installed, managed and maintained by Shoalhaven City Council

· CCTV and public space safety features, based on “NSW Building in Safety Guidelines”

Employment expectations:

During construction 19 FTEs

Ongoing:

· 6 jobs (FTE’s) & $738,000 per annum in economic output after 3 years

· 15 jobs (FTE’s) & $1.8m per annum in economic output after 6 years

· 30 jobs (FTE’s) & $3.7m per annum in economic output after 9 years

Financial arrangements:

BBRF Grant $1,700,000

Council Contribution $1,744,246

TOTAL PROJECT $3,444,246

54818E/4 Jervis Bay Active Transport Improvements, Myola

Summary of Project:

The existing Crown land in Myola (southern end of Catherine St) is a key strategic location where Currambene Creek is a physical barrier preventing continuation of the “Round the Bay” path (around world heritage listed Jervis Bay). A private ferry operator provides a service crossing Currambene Creek (linking Myola-Huskisson). The ferry operates during school holidays & weekends year-round, however there is no infrastructure.

The project will provide car parking, public amenities, & connect the ferry landing to the existing path network, providing disabled access. The project aims to attract more tourists by continuing investment in the successful Round the Bay path, improving access & amenity, whilst minimising impacts to Crown land.

Project Deliverables:

· Construction of car parking (70 spaces including 2 disabled, 1 being for the toilet, 1 for the ramp access to the Ferry landing)

· Construction of public amenities (Single unisex toilet)

· Construction of a shared path linking the foreshore and ferry landing to the existing path network (500m of shared user path to connect the Ferry landing to existing path network)

o Current estimates of usage demand (average 100 pedestrians and 200 cyclists per day off peak, average 800 pedestrians and 2000 cyclists per day peak)

o A key strategic link in the Round the Bay path network the project will also resolve current safety amenity and accessibility concerns and will provide active transport connectivity to the community encouraging the community to walk cycle

Employment expectations:

During construction 11 FTEs

Ongoing 3 FTEs

Financial arrangements:

BBRF Grant $462,500

Council Contribution $462,500

TOTAL PROJECT $925,000

54818E/5 Boongaree Park, Childhood Adventure Zone, Berry

Summary of Project:

Boongaree Park is located in Berry, the northern entry town into the highly popular tourist area known as the Shoalhaven. The Childhood Adventure Zone at Boongaree Park will provide an attraction for those travelling through the region to stop, take a break & give the children an all-inclusive, all ages plays-pace to explore.

Boongaree Park is conveniently located a short walk to the heart of the historical village of Berry where visitors can enjoy a cup of coffee, stock up on supplies or explore the variety of shops that Berry has to offer.

It is envisaged that the Childhood Adventure Zone will not only attract visitors to take a break but also introduce them to Berry & surrounds, leading to further visitation and regional economic benefit.

Project Deliverables:

· Adventure Zone Play items to include; Musical Tractor, Historical Cottage Cubby Squeeze tubes - sensory play item, steel frame hut/tepee, timber balance beam, Concrete and artificial turf tunnels x 2, timber stilts, accessible trampolines, 3 bay timber swing with accessible seat, accessible carousel, bounce play items x 2, accessible sand play table, accessible water play tap, carved leap frogs, musical deck bells. Installed on varying surfaces of wet pour rubber, sand and playground softfall bark.

· Landscaping features to include sandstone and masonry walls & porphyry stone path.

· Plantings to include; Callistemon x 138, Anigozanthes x 199, Lomandra x 502, Dianella x 657, Leptospermum x 718, Kikuyu turf, Angophora x 11, Acmena x 8, Brachychiton x 5.

· Installation of accessible table settings x 2, Bin x 1, Bike stand x 3, Drinking Fountain x 1, Signage x 1, Removeable bollards x 7, lounge x 4, table settings x 2, seats x 1, walkway bridge - 31 square metres & Barbeque x 1, lighting.

Employment expectations:

During construction 13.4 FTEs

Ongoing 9 FTEs

Financial arrangements:

BBRF Grant $478,253

Berry Rotary Club $116,000

Council Contribution $362,253

TOTAL PROJECT $956,506

54818E/14 Shoalhaven Health & Wellbeing Strategy

Summary of Project:

Health and wellbeing is important to Local Government and the community as it enables residents to fully participate in education, employment, and within their community. A good level of health and wellbeing is essential for a strong economy and it enables residents to live healthy, rewarding, and socially connected lives.

The development of the Shoalhaven Health and Wellbeing Strategy will guide Shoalhaven City Council in the pursuit of wellbeing, as well as the providing a framework to evaluate the effectiveness of our investments, programs and assets. This document will be incorporated into Council's Integrated Planning and Reporting Framework, which will hold Council accountable towards implementing the strategy.

Project Deliverables:

The Shoalhaven Health and Wellbeing Strategy will be the product of delivering the following key phases:

1. Identifying the baseline, priorities and targets for the Shoalhaven community. This phase will involve research, literature review and consultation to determine the health and wellbeing baseline in the Shoalhaven, the areas of focus for the strategy, and benchmarks to aim towards.

2. Developing an Action Plan. This phase will develop specific objectives and actions to address the priorities and reach the targets.

3. Developing an Evaluation Framework. This phase will allow the Shoalhaven to determine the appropriateness, effectiveness and efficiency of their interventions and investments and how they have a positive impact on the wellbeing indicators.

4. Developing the Shoalhaven Health and Wellbeing Strategy. This phase will involve collating all the above information into the one draft document, opening it to public exhibition, and having it endorsed by Council.

Employment expectations:

n/a

Financial arrangements:

BBRF Grant $50,000

Council Contribution $50,000

TOTAL PROJECT $100,000

54818E/9 Building Better Futures in Sanctuary Point, Bomaderry and Orient Point

Summary of Project:

A community mapping exercise will be undertaken to identify community issues, gaps in service provision and the underlying causes of hardship that are being experienced by the people living in the Bomaderry, Sanctuary Point and Orient Point. Each community has its own needs and assets, its own culture, social structure, history, strengths and weaknesses. The resulting reports will provide an opportunity for Council and community members to gain a deeper understanding of the issues that are affecting each community and to work collaboratively with community members to develop solutions to address identified issues.

Project Deliverables:

1. Delivery of Asset Based Community Development (ABCD) training to key stakeholders that are located in Sanctuary Point and Bomaderry and Orient Point.

2. Engagement of the business and broader communities in the three areas to investigate and map infrastructure and services.

3. Asset mapping will be followed by the identification of gaps and solutions that can be implemented to improve economic and social outcomes for people that live within each of the communities.

4. Creation of a useable dataset and three reports that detail assets and unmet community needs in the three communities. This information will be used by Council for strategic planning purposes such as integration with existing plans such as the Health and Wellbeing Plan, Pedestrian Access Mobility Plan and Council's Community Strategic Plan.

5. Information will also be used by the community to initiate actions to address social and economic problems independently of Council.

Employment expectations:

n/a (1 consultant)

Financial arrangements:

BBRF Grant $25,000

Council Contribution $25,000

TOTAL PROJECT $50,000

Community Engagement

This varied for each project but many letters of support were received from parties with an interest in the projects and these were submitted in support of the applications.

Policy Implications

The projects are consistent with council’s adopted Delivery Program.

Financial Implications

The Council contributions required are:

· Infrastructure projects -

o Placemaking for Vincentia Village - $1,744,246

o Jervis Bay Active Transport Improvements, Myola - $462,500

o Boongaree Park, Childhood Adventure Zone, Berry - $362,253 plus $116,000 from Berry Rotary Club

· Community Investment projects –

o Shoalhaven Health & Wellbeing Strategy – $50,000

o Building Better Futures in Sanctuary Point, Bomaderry and Orient Point - $25,000

Council matching contributions for the Infrastructure Stream projects, totalling $2,568,999, will be sourced from a combination of internal borrowing from reserves and future capital budget allocations over the period 2018/19 to 2020/21.

For the Community Investment stream projects, these will be funded from operational budgets.

Risk Implications

The Infrastructure Projects are within the scope and expertise of Council staff to manage with delivery by contractors determined through a tender process.

Ordinary Meeting – Tuesday 26 March 2019

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CL19.74 Draft Code of Meeting Practice - Public Exhibition

HPERM Ref: D19/69855

Group: Finance Corporate & Community Services Group

Section: Human Resources, Governance & Customer Service

Attachments: 1. Shoalhaven City Council Draft Code of Meeting Practice (under separate cover) ⇨

Purpose / Summary

To provide a Draft Code of Meeting Practice (Attachment 1) to be endorsed for public exhibition.

Recommendation

That

1. In accordance with Section 361 of the Local Government Act, the Draft Code of Meeting Practice be placed on public exhibition to obtain community feedback.

2. A report be provided at the completion of the exhibition period, outlining the submissions received and providing a Final Draft Code of Meeting Practice for adoption by the Council prior to 14 June 2019.

Options

1. As recommended.

Implications: The draft Code will be placed on exhibition as required by the Local Government Act and will be reported back to the Council for adoption by the required adoption date of 14 June 2019.

2. Council amend the draft Code prior to exhibition.

Implications: Any amendments must not contain provisions that are inconsistent with the mandatory provisions.

3. Council defers the exhibition of the draft Code.

Implications: The Council must adopt the Code of Meeting Practice by 14 June 2019. The current timeline in the report outlines the process for delivery to the Council at the Council meeting to be held on 28 May 2019.

Background

On 14 December 2018, the Office of Local Government (OLG) released Circular No. 18-45 -Commencement of the new Model Code of Meeting Practice for Local Councils in NSW. Council considered a report on the Model Code of Meeting Practice (CL19.18) at its meeting held on 29 January 2019 and resolved (MIN19.37):

That:

1. The Report on the commencement of the new Model Code of Meeting Practice for Local Councils be noted.

2. A workshop of Councillors and Senior Staff be held to discuss the non-mandatory provisions of the Model Code of Meeting Practice prior to consideration of a revised draft Shoalhaven City Council Code of Meeting Practice based on the Model.

A workshop with Councillors was held on 19 February 2019. During this workshop, a discussion was held in relation to all provisions within the Model Code and additional matters that are contained in Council’s current code.

The draft Code attached to the report is provided in ‘Mark Up’ Mode based upon the Model Code of Meeting Practice and informed by the Councillor Workshop. Content that has been removed is presented in a ‘strikethrough’ format.

The coloured text in the draft Code indicates:

· Black font showing mandatory provisions of the Model Code of Meeting Practice

· Red font showing non-mandatory provisions of the Model Code of Meeting Practice. Where the text is in red ‘strikethrough’ format, the draft proposes that the provision is not adopted by the Council.

· Blue font showing provisions in the Model Code of Meeting Practice that apply to meetings of the boards of joint organisations and county councils. These are in ‘strikethrough’ format as not to be included in the Council’s Code.

· Green font indicating additional provisions or amendments that are proposed by the Council. These amendments are proposed to enhance or clarify the provisions of the Model Code of Meeting Practice. They are consistent with the mandatory provisions.

The Draft Code in Comparison to the Model Code of Meeting Practice

The key features of the draft Code in comparison with the Model Code of Meeting Practice are as follows:

· The introduction has been amended to reflect the content of the document as the Council’s Code of Meeting Practice, based on the Model Code.

· In accordance with the discussions at the Workshop, the Code of Meeting Practice has been amended to apply to all Committees of the Council, including advisory committees, boards and groups. Where separate provisions only apply to Committees of the Council whose members are all Councillors (and the reverse) this is clearly indicated.

· One part only (3.31) of the non-mandatory provisions on Pre-Meeting Briefing sessions have been included in the Draft.

· Retention of the Council’s existing provisions on Deputations rather than the adoption of the non-mandatory provisions for Public Forums (Part 4).

· Inclusion of non-mandatory provisions allowing a meeting to be rescheduled or cancelled if advance notice is obtained of a lack of quorum or in case of an emergency (5.13 and 5.14).

· Retention of the existing detailed provisions of the Council’s current Code with respect to Webcasting of Meetings. (5.18 to 5.28). These are considered to expand upon the mandatory provisions outlined in the Model Code.

· Annual adoption of an Order of Business for Meetings (8.1).

· Insertion of additional provision reflecting motions to ‘reverse’ Development Application “Call-In” provisions (19.22).

· Based on the recommendation of the Councillor Workshop, the non-mandatory provisions relating to motions requiring an expenditure of funds are not included (page 20-21).

· Retention of current minutes approach of recording all votes at Council meetings without the requirement for a division to be called (11.6).

· Inclusion of the non–mandatory provisions of dealing with items by exception. In accordance with the resolution of the Council on 26 February 2019, this is to be referred to as a “Call-Over” of items.

· Changes to the Model Provisions with respect to recording of meetings, reflecting the current practice of allowing recording of meetings, but limiting it to meetings in the Council Chambers unless prior authorisation is obtained. (15.20).

· Inclusion of non-mandatory provisions of time limits on Council Meetings, with timings to reflect the Council’s current code (Part 18).

Timeframe for adoption of the Code of Meeting Practice

The time frame for the adoption of the Code of Meeting Practice is as follows:

Date	Action
26 March 2019	Report to Council seeking endorsement for public exhibition
28 March – 8 May 2019	Public exhibition of draft Code and community comment (Required 42 days)
28 May 2019	Report to Council following exhibition – Policy adoption

Until Council adopts a new Code of Meeting Practice, its existing Code of Meeting Practice will remain in force up until 14 June 2019. If Council fails to adopt a new Code of Meeting Practice by that date, any provisions of the Council’s adopted Code that are inconsistent with the mandatory provisions of the Model Code prescribed under the Regulation will automatically cease to have any effect to the extent that they are inconsistent with the mandatory provisions of the Model Code.

Community Engagement

Before adopting a new Code of Meeting Practice, under section 361 of the LGA, Councils are still required to exhibit a draft of the Code of Meeting Practice for at least 28 days and provide members of the community at least 42 days in which to comment on the draft code.

Policy Implications

The provisions within the Code of Meeting Practice are related to the Code of Conduct, in particular in relation to conduct at meetings and conflict of interest management. Council is also required to adopt a Code of Conduct and Procedures by 14 June 2019. It would be beneficial for these policy documents to be adopted within similar timeframes.

Ordinary Meeting – Tuesday 26 March 2019

Page 0

CL19.75 Draft Code of Conduct - Public Exhibition

HPERM Ref: D19/70313

Group: Finance Corporate & Community Services Group

Section: Human Resources, Governance & Customer Service

Attachments: 1. Shoalhaven City Council Draft Code of Conduct (under separate cover) ⇨

Purpose / Summary

To provide a draft Code of Conduct (Attachment 1) to be endorsed for public exhibition.

Recommendation

That

1. The draft Code of Conduct (Attachment 1) be placed on public exhibition for a period of 28 days to obtain community feedback.

2. A report be provided at the completion of the exhibition period, outlining the submissions received and a Final Draft Code of Conduct and Procedures for adoption by the Council by 14 June 2019.

Options

1. As recommended

Implications: The Policy will be placed on exhibition and will be reported back to Council for adoption by the required adoption date of 14 June 2019.

2. Council amend the draft Code prior to exhibition

Implications: Any amendments must not contain provisions that are inconsistent with the mandatory provisions.

3. The Council adopt the draft Code without exhibition

Implications: There is no requirement for public exhibition of this Code under legislation, however it is recommended to allow the Council to consider input from the community prior to adoption.

Background

On 14 December 2018, the Office of Local Government (OLG) released Circular No. 18-44 - Commencement of the new Model Code of Conduct for Local Councils in NSW Procedures . Council considered a report on the Model Code of Conduct and Procedures (CL19.19) at its meeting held on 29 January 2019 and resolved (MIN19.38):

That Council:

1. Note the commencement of the new Model Code of Conduct and Procedures as outlined in the report.

2. Hold a Councillor Workshop to discuss the Model Code of Conduct and Procedures.

A workshop with Councillors was held on 21 February 2019. During this workshop, discussion was held in relation to all provisions within the Model Code and additional matters that are contained in the Council’s current Code.

The draft Code attached to the report is provided in ‘Mark Up’ Mode based upon the Model Code of Conduct and informed by the Councillor Workshop.

The Procedures are not proposed for public exhibition at this time as no amendments to the Model Procedures are proposed by the Council.

The Red text in the draft Code indicates additional provisions or amendments that are proposed by the Council. These amendments are proposed to enhance or clarify the provisions of the Model Code of Conduct. They are consistent with the mandatory provisions.

The Draft Code in Comparison to the Model Code of Conduct

The key features of the draft Code in comparison with the Model Code of Conduct are as follows:

· Council Values have been included (Page 3).

· The introduction has been amended to reflect the content of the document as the Council’s Code of Conduct, based on the Model Code. Informed by the Councillors workshop, it also extends the Code to cover all volunteers, contractors and members of wholly advisory boards and groups.

· The document provides reference notes to other Policies or Procedures of the Council.

· Under Part 3 additional provisions have been added under the heading of ‘Public Comment’ (3.23 to 3.27). These provisions reflect additional obligations which are in Council's current Code of Conduct at 10.13 to 10.29. They have been reworded for clarity.

Timeframe for adoption of the Code of Conduct

The time frame for the adoption of the Code of Conduct to meet the 14 June 2019 deadline is:

Date	Action
26 March 2019	Report to Council seeking endorsement for public exhibition
28 March – 8 May 2019	Public exhibition of draft Code
28 May 2019	Report to Council following exhibition – Code and Procedure adoption

Council must adopt a new Code of Conduct and Procedures by 14 June 2019. Council’s existing adopted Code of Conduct and Procedures will remain in force until Council adopts a new Code of Conduct and Procedures, based on the Model Code of Conduct and Procedures prescribed under the Regulation.

Council may include additional provisions that are more onerous than the Model Code of Conduct. As noted in the Model Code of Conduct “a council’s … adopted code of conduct has no effect to the extent that it is inconsistent with the Model Code of Conduct. However, a council’s … adopted code of conduct may prescribe requirements that are more onerous than those prescribed in the Model Code of Conduct.”

Community Engagement

Given the implications of this Code of Conduct with respect to the conduct of Council Officials and the expectations of the community, it is proposed that it be publicly exhibited prior to final adoption.

Once the Council has adopted a new Code, training will be organised for Councillors, Staff and others who are required to uphold the provisions.

Policy Implications

The provisions within the Code of Conduct and Procedures are related to the Code of Meeting Practice, in particular in relation to conduct at meetings and conflict of interest management. Council is also required to adopt a Code of Meeting Practice by 14 June 2019. It would be beneficial for these policy documents to be adopted within similar timeframes.

Ordinary Meeting – Tuesday 26 March 2019

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CL19.79 Investment Report - February 2019

HPERM Ref: D19/83626

Group: Finance Corporate & Community Services Group

Section: Finance

Attachments: 1. February 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 28 February 2019 be received for information.

Options

1. The report on the Record of Investments for the period to 28 February 2019 be received for information.

Implications: Nil

2. Further information regarding the Record of Investments for the period to 28 February 2019 be requested.

Implications: Nil

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

Implications: Nil

Background

Please refer to the attached monthly report provided by Council’s Investment Advisor, CPG Research and Advisory Pty Ltd. As previously noted in the January Report, the investment advisors again have specifically commented on issues relating to Council’s inability to increase investments with non-fossil fuel institutions. A Councillor Briefing with CPG will be arranged shortly to explore these issues in more detail.

Council’s investment portfolio returned a strong 3.06% for the month of February 2019, exceeding the benchmark AusBond Bank Bill Index (2.28% pa) by 78 basis points (0.78%).

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 February was $4,132,340; 72.68% of the current full year budget.

The interest earned for the month of February was $436,135, which was $47,672 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	-$9,257,819
Financial Assistance Grant	-$1,554,367	One quarter transferred to general fund in line with the Financial Assistance Grant instalment month.
Waste Disposal	+$519,604	February was a rates instalment month
Sewer Fund	+$666,612	Expenditure on REMs 1B has slowed
Unrestricted General Fund	-$8,547,139	February was a rates instalment month

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 March 2019

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CL19.81 Two (2) Bushcare Group Action Plans - Review

HPERM Ref: D19/20334

Group: Planning Environment & Development Group

Section: Environmental Services

Attachments: 1. The Grotto Bushcare Action Plan (under separate cover) ⇨

2. Camp Quality Bushcare Action Plan (under separate cover) ⇨

Purpose / Summary

The purpose of the report is to present two (2) reviewed Bushcare Group Action Plans for adoption – for Warden Head and Bangalee Reserve.

Recommendation

That Council adopt the following two (2) reviewed Bushcare Group Action Plans:

1. Warden Head; and

2. Bangalee Reserve.

Options

1. As recommended.

Implications: The two (2) Bushcare Group Action Plans have been reviewed by Council’s Environmental Services Section and State Government agencies. All plans have been sent to relevant Council Consultative Bodies (CCB’s) and all residents and ratepayers within 200 metres of the reserve affected. This is as per the requirements of the Bushcare/Parkcare Policy and Procedures and in line with Council’s Community Engagement Plan. A Councillor briefing was planned for 21 March 2019 to explain and discuss the updates to the reviewed action plans and seek input from Councillors.

2. Adopt one of the reviewed Bushcare Group Action Plan and seek further changes to the other.

Implications: The positive and negative implications of choosing this option would depend on what the proposed changes are.

3. Not adopt any of reviewed Bushcare Group Action Plans.

Implications: This decision would significantly affect volunteer’s morale and result in a loss of volunteer participation in Council’s Bushcare program.

Background

Part C of MIN08.117 Ordinary Council meeting dated 29 January 2008 states that:

“Council affirms its direction that planting and other associated pursuits should only be done by abovementioned groups in accordance with Bushcare and Parkcare action plans as approved by Council”.

This part of the Council resolution requires that all Bushcare and Parkcare Groups that operate on Council owned or managed land, prepare action plans that are to be reported to Council for adoption.

Part D of MIN08.1552 Ordinary Council meeting dated 25 November 2008 states that:

“An all-embracing Consultation Policy be developed that will include nearby residents, the wider community, Tourism Shoalhaven, CCBs, Chambers of Commerce, community groups, church groups and local schools.”

The level of consultation required is dependent on the actions outlined within the plan and is specified in chapter 6, Community Consultation, of the Bushcare/Parkcare Group Policy 2018 and Bushcare/Parkcare Group Procedures 2012 (The Policy was updated in 2018; the procedures separated and are currently being revised). The Policy requires Group Action Plans to be reviewed every six (6) years.

Under the Council’s Community Engagement Policy engagement matrix, all Bushcare Action Plans are classed as a local low impact project. Therefore, combined with the requirements of the Bushcare Policy and Procedure, both reviewed Bushcare Action Plans used direct communication via a mail-out to all residents/ratepayers and the CCB’s and were made available through the SCC website.

The Bushcare Group Action Plans were mailed to 342 adjoining residents/ratepayers near the affected public reserves, Ulladulla and Districts forum and Ulladulla Local Aboriginal Land Council (Warden Head plan) and the Nowra Local Aboriginal Land Council (Bangalee Reserve plan).

A summary of the submissions is contained in the tables below.

Warden Head Bushcare Action Plan Review (D18/280529) - Summary of Submissions – 1 Submission received from 2 individuals

*Issues raised by submissions*	*Changes made, or actions taken because of the submissions*	*Number of submissions that raised this issue*
‘completely in agreement with the Bushcare plan for Warden Head’	None required	1

Bangalee Reserve Bushcare Action Plan Review (D18/278470) - Summary of Submissions – 1 Submission received from 1 individual

Issues raised by submissions

Changes made, or actions taken because of the submissions

Number of submissions that raised this issue

‘The Plan looks fairly comprehensive. It would be useful to tie some dollar figures into some of the proposed work - that would help when it comes to submitting funding applications and it's always useful to capture the dollar value of the time/effort expended by volunteers.’

No changes were made because it difficult to estimate volunteer hours for the six-year period of the plan, which provides much of the contribution to each activity listed.

A possible project that could be funded through external sources is listed in Section 7. At this stage, this represents a project concept which would require substantial planning in the development of a funding proposal. Therefore, no value is given for the project in the plan.

Community Engagement

CCBs, residents, ratepayers and Local Aboriginal Land Councils were informed of the opportunity to comment on the two (2) Bushcare Action Plans via mail. A total of 342 letters were mailed to residents and ratepayers within 200 metres of the reserves affected by the reviews.

Residents/Ratepayers were able to view the draft Bushcare Action Plans via a “Documents on Exhibition” web link on Council website and were given 28 days to make a submission. People without internet access were able to contact Council and request a hard copy of the plan and make a submission via the mail. This community engagement is in line with Council Community Engagement Policy for low impact local projects.

A Councillor briefing was planned for 21 March 2019 to explain and discuss the updates to the reviewed action plans and seek input from Councillors.

Financial Implications

Over the six years of the two (2) Bushcare Actions Plans, the cost of implementation will be a total of $45,700. These costs include an allocation of existing staff resources which support the Bushcare Program, which will be funded from the existing annual operation budget (job number 15915). A materials and equipment contribution of $400 per annum per group is also included in these costs.

The in-kind volunteer contribution over the six years of the two Bushcare plans is estimated at $106,000. This is a significant contribution from our volunteers in meeting the objectives of Council’s Community Strategic Plan.

Ordinary Meeting – Tuesday 26 March 2019

Page 0

CL19.82 Currarong Coastal Erosion Remediation Project progress report: NSW Department of Industry requirements

HPERM Ref: D18/417557

Group: Planning Environment & Development Group

Section: Environmental Services

Attachments: 1. Letter to Shoalhaven Council from NSW Department of Industry - Currarong Erosion Protection REF Review & Feedback ⇩

2. Minutes of meeting with Currarong Community Association ⇩

Purpose / Summary

Provide Council with an update on the Currarong Erosion Remediation Project and concerns raised by the NSW Department of Industry (DoI) about the proposed construction of the trial geotextile groyne at Currarong Beach and rock revetment wall at Beecroft Parade. Outline alternative options to progress remediation and re-instatement of the remaining beach access-ways.

Recommendation (Item to be determined under delegated authority)

That Council receive the report and undertake the following.

1. Acknowledge the advice received from NSW Department of Industry – Infrastructure and Land Management and not proceed with the design and construction of the Currarong Beach trial geotextile groyne and/or the Beecroft Parade rock revetment, as part of the Currarong Erosion Remediation Project.

2. Implement an alternative remediation strategy, from the existing 2018/19 Currarong coastal erosion remediation works budget, as agreed with the Currarong Community Association representatives at the meeting on 30 January 2019, consisting of:

a. Reinstatement of the remaining beach access-way at Warrain Cres using timber construction (opposite 30 Warrain Crescent) in accordance with the Review of Environmental Factors (REF) and the Aboriginal Heritage Impact Permit (AHIP).

b. Nature Assisted Beach Enhancement (NABE), beach scraping, along Currarong Beach from Plutus Creek to Currarong Creek, subject to obtaining necessary approvals and permits from government agencies and in accordance with the Review of Environmental Factors (REF) and the Aboriginal Heritage Impact Permit (AHIP); and

c. A dune vegetation planting plan at Currarong Beach, in consultation with the community, to assist in stabilisation of the dune particularly in areas where vegetation cover is reduced, and erosion has occurred such as the eastern end of Warrain Cres; and

d. Geotechnical investigation to determine the location of bedrock at Beecroft Parade and Currarong Beach, to inform an update of the coastal hazard mapping for the two locations once this information is obtained as recommended by Department of Industry (DoI). The updated coastal hazard mapping is to also to be informed by recent foreshore and dune profile surveys. Use the updated coastal hazard mapping to re-assess future risks to public and private assets in these locations. Provide this updated mapping to DoI; and

e. Continue to survey the Currarong Beach dune profile on a regular basis and following storm events to monitor beach conditions and sand movement.

f. Continue to survey the Beecroft Parade foreshore profile on a regular basis to monitor to identify any future erosion.

3. Council approach the University of Wollongong to investigate research opportunities for a sediment transport and wave modelling study of Currarong Beach.

4. Continue to collaborate and inform the Currarong Community Association on the progress of the project.

5. Return any unspent funds that were allocated to the construction of the trial geotextile groyne at Currarong Beach and rock revetment wall at Beecroft Parade to the Coastal Management and Infrastructure Reserve.

Options

Option 1: As per the recommendation, and inclusive of the following options:

1. Reinstate the remaining beach access way to bring the total beach accessways to five in accordance with conditions of the Aboriginal Heritage Impact Permit (AHIP) issued by NSW OEH and the Review of Environmental Factors (REF).

2. Undertake Nature Assisted Beach Enhancement (NABE), beach scraping, and vegetation planting in consultation with the community to assist in stabilising the dune at Currarong Beach. As per conditions of the Aboriginal Heritage Impact Permit (AHIP), Review of Environmental Factors (REF) and any other licences or approvals required by the NSW government.

3. Continue to maintain and monitor the condition of Currarong Beach.

4. Undertake geotechnical assessment to locate bedrock to inform an update of the coastal hazard mapping for Beecroft Parade and Currarong Beach.

5. Approach UoW to investigate opportunities for undertaking studies into sediment transport at Currarong Beach

6. Continue to collaborate with and inform the Currarong Community Association on the project progress.

Implications: This option is in accordance with DoI recommendations and will meet community expectations regarding reinstatement of another beach access. The amendment of the project design and Review of Environmental Factors can also be carried out within current available resources and budget. Re-assessment of coastal risks will provide an indication of the timing of possible future asset protection works. This strategy also allows for Council to use beach scraping to build-up the dune as a ‘soft’ remediation option at this time.

Option 2: As per option 1, with the inclusion that Council commission a study into the sediment transport and wave modelling at Currarong Beach to examine the impacts of the trial groyne on Currarong Creek and Currarong Beach, at a cost of up to $100,000 to Council.

Implications: Sediment process modelling analysis is very costly and is not an exact science or methodology that will provide a definitive answer on the impact of sediment transport from the construction of the groyne. Therefore it is recommended that Council approach the University of Wollongong to discuss research opportunities for this investigation.

Option 3: Council may choose an alternative option.

Implications: Unknown

Background

Following the erosion of Currarong Beach and Beecroft Parade foreshore at Currarong caused by the east coast low storms in 2016, Council consulted with the community and resolved to investigate coastal remediation options and re-instate a number of beach access ways that had been destroyed (MIN18.653, MIN17.1088). Immediately following the storms, the access-ways that were destroyed or damaged were closed, hazardous material removed from the beach and beach scraping and nourishment along the length of the beach from Plutus Creek to Currarong Creek was carried out in accordance with licences and approvals obtained from State Government agencies. Three beach access-ways were reinstated. Council has recently completed construction of the fourth beach access and intends to build another beach access way as requested by the community. This report provides an update on the remediation project.

Currarong Erosion Remediation Project objective

Coastal erosion management options at Currarong Beach have been investigated over many years and the option of a trial geotextile groyne was included in Council’s Draft 2012 Coastal Zone Management Plan (CZMP). Council’s 2016 coastal hazard mapping and certified 2018 CZMP for the Open Coast identifies assets at risk at 2050. As described above, community concerns about coastal erosion increased again after the 2016 east coast low storms.

Following community engagement and review of remediation options, Council engaged Royal Haskoning DHV to develop a coastal protection design for rock revetment at Beecroft Parade, which was also eroded in the 2016 storms and the construction of a trial geotextile groyne at Currarong Beach. The design and Review of Environmental Factors (REF) were developed over 12 months, which included consultation directly with the Currarong Community Association executive committee and presenting at a public meeting in May 2018.

The original remediation project included:

1. Currarong Beach - reinstatement of two beach access ways (one of the these has now been constructed)

2. Beecroft Parade rock revetment project investigation and design

3. Currarong Beach trial geotextile groyne and sand nourishment project investigation and design

Council referred the remediation proposals to NSW government agencies for consideration and advice as part of this project and preparation of Council’s 2018 CZMP for the Open Coast. A representative from the Currarong Community Association was included in the on-site meeting with NSW government agencies which included NSW DoI’s and Council’s coastal engineering consultants. NSW DoI raised concerns about the proposed construction of the trial sand groyne at Currarong Beach and rock revetment at Beecroft Parade and the CZMP was modified in accordance with Crown Lands advice that further investigations were required. The adopted and certified Plan includes local area actions for Currarong (LA3.1 to LA3.7)

https://shoalhaven.nsw.gov.au/Environment/Coastline-and-waterways/Coastal-Management-Plan

Following certification of the CZMP and detailed consideration and assessment of the proposed remediation options by Crown Lands, Council received detailed advice which is summarised below and contained in attachment 1. Crown Lands also engaged their own coastal engineering expert Doug Lord from Coastal Environment Pty Ltd which informed their review.

Council made the following updates to the REF in accordance with DoI’s request, as they were not costly and did not require lengthy investigations:

1. Identify the location of the protection structures in relation to land tenures.

2. Clearly determine the design life of the trial geotextile groyne, as per the monitoring timeframe required to accurately assess the coastal protection performance of the structure.

3. Clearly identify the performance criteria that will be utilised for monitoring the performance of the trail geotextile and rationale for the monitoring timeframe.

4. Update the projects Aboriginal Cultural Heritage Assessment Report (ACHAR) to the Native Title Claim (NC2017/003) and consider the implications of the Native Title Act 1993.

5. Clearly outline the management and on-going maintenance responsibilities of both coastal protection structures in the REF.

6. Update the planning pathway approvals presented in the REF to reflect the Shoalhaven Coastal Zone Management Plan (CZMP), NSW Crown Land Management Act 2016, NSW Coastal Management Act 2016 and the State Environmental Policy (Coastal Management) 2018.

Sand Modelling

DoI raised significant concerns with the Currarong Beach trial geotextile sand groyne and sand nourishment component of the project. The groyne was proposed to be built on Crown Land. One of the primary concerns is that the volumes of sand moving along the beach has not been quantified to their satisfaction, to either justify construction of a trial groyne or confirm the need for any repeat large-scale nourishment campaigns.

However, sediment budgets for Currarong Beach are reasonably well understood. The Snowy Mountains Engineering Corporation, in 2009 modelled the sediment transport towards the creek based on swell and wind wave actions. Also, Coastal Environment Solutions, in 2002, confirmed a low volume sediment transport towards Currarong Creek with potential off shore losses during storm events.

Further numerical modelling could be undertaken to confirm nourishment campaign timing and assess the sustainability of the project as requested. Sand tracing would cost around $50,000 - $100,000 and may be the only method to potentially clarify this current uncertainty, but even this may not be conclusive. Therefore, it is recommended that Council approach the University of Wollongong (UoW) to discuss a potential research project that could be undertaken in partnership with council.

Council held a meeting with the Currarong Community Association (CCA) representatives and Councillors on 30 January 2019 to discuss the DoI advice and options to progress the project. The minutes of this meeting are contained within attachment 2. Based on DoI advice and consultation with the CCA, it is recommended that the Currarong Erosion Remediation Project, progress into the following stages.

1. Currarong Beach – beach access reinstatement: installation of the remaining beach access way.

2. Beecroft Parade – update the coastal hazard mapping and assessment: Investigation of bed rock to reassess the coastal risk and undertake a first pass cost benefit analysis of relocation Vs protection. Continue to survey and monitor erosion.

3. Currarong Beach - update the coastal hazard mapping and assessment: Investigation of bed rock to reassess the coastal risk and undertake a first pass cost benefit analysis of relocation Vs protection. Continue to survey dune profile regularly and after storms to monitor beach conditions and erosion.

4. Currarong Beach - Nature Assisted Beach Enhancement (NABE) or beach scraping between Currarong Creek and Plutus Creek subject to REF, AHIP and any NSW government licences approvals that may be required. Dune revegetation to be included, in consultation with the community.

5. Continue to survey the dune profile at Currarong Beach on a regular basis and following storm events to monitor beach conditions and sand movement.

6. Continue to survey the Beecroft Parade foreshore profile on a regular basis to monitor to identify any future erosion.

These actions are consistent with local area actions in Council’s certified CZMP.

Actions 2 to 5 will inform any future management actions and development of Council’s new Coastal Management Program for the Open Coast for which the scoping study is currently being developed in partnership with NSW Office of Environment & Heritage (OEH) and part funded under the NSW coastal and estuary grant program.

Council has recently constructed the beach access way at Cambewarra Rd and intends to construct one more timber beach access way, in accordance with Review of Environmental Factors (REF) and Aboriginal Heritage Impact Permit (AHIP). This will bring the total number of beach access ways, at Currarong Beach to five, which the Currarong Community Association has communicated to Council as being adequate and within community expectations.

An REF to undertake Nature Assisted Beach Enhancement (NABE) or beach scraping, between Currarong Creek and Plutus Creek has been completed. An AHIP as well as any other licences and approvals required by the NSW government, will be sought to allow Council to implement these works as recommended. The aim of this ‘soft’ management option is assist the natural accretion of the sand dune along Currarong Beach. Re-alignment of the Peel St beach access, which has suffered from wind-blown sand accumulations, which threatens the road at times will also be investigated as a future project. This is in accordance with LAP3.8 of the 2018 CZMP for the Open Coast.

Community Engagement

Council met with the Currarong Community Association and Councillors on 30 January 2019 to discuss advice from NSW DoI, timeframes for the reinstatement beach access construction works in 2019 and discuss options for a way forward. The outcomes of the meeting were as follows:

1. Council undertake beach scrapping and dune vegetation planting. Council to provide CCB with 2 or 3 options, including 2 or 3 quantities, for beach scraping / nourishment and dune revegetation – as needs basis when erosion reaches a certain trigger, for discussion at next CCB meeting. Includes short-term option of repeating beach scrapping that was carried out following ECL in 2016.

2. Undertake Geotech assessment to determine depth of bedrock at Beecroft Parade. Approx. cost $5,000. Council will then use this to update the coastal hazard mapping in this location.

3. Construct 2 new beach accessways from timber.

4. Continue to monitor the beach profile, dune crest and erosion lines and monitor the foreshore and erosion profile at Beecroft Parade.

5. Not update the REF as this stage and revisit sand groyne in the future if dune monitoring and any future updates to hazard mapping triggers this.

Following this, the Currarong Community Association held its meeting on 16 February 2019 and reported the update to the meeting. Council has been advised that there was general agreement at the meeting on the proposed amended erosion remediation project.

Financial Implications

Additional investigations into the coastal management options, as per the feedback from NSW DoI, will also require additional staff time for research, preparation of briefs and community consultation. The further sediment analysis needed to quantify the viability of the trial groyne option is in the order of $50,000 to $100,000 if this was to be out sourced to a suitably qualified external consultant.

The estimated costs associated with the preferred recommended option is as follows.

1. Reinstatement of the remaining beach access-way = $40,000

2. Nature Assisted Beach Enhancement (NABE) or beach scraping = $100,000

3. Dune rehabilitation/revegetation = $20,000

4. Update of coastal hazard mapping/assessment and on-going beach and foreshore monitoring = $25,000

Ordinary Meeting – Tuesday 26 March 2019

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CL19.83 Payment of Dividend from Shoalhaven Water 2017-18

HPERM Ref: D19/32733

Group: Shoalhaven Water Group

Section: Water Customer & Business Services

Attachments: 1. Best Practice Management - Water Supply & Sewerage Guidelines ⇩

2. Audit Report - Best Practice Management - Water Supply & Sewerage Services 2017/18 ⇩

3. Special Purpose Financial Statements - Note 2 - Water Supply Business ⇩

Purpose / Summary

The purpose of this report is to enable Council to pay a dividend from the water fund to the general fund. The intention to pay a dividend for the 2017-18 financial year was forecast within Council’s Delivery Program and Operational Plan. It was also forecast that no dividend would be paid from the sewer fund due to the significant capital expenditure commitments.

Any dividend payable is subject to continued compliance with the NSW Government Best Practice Management of Water Supply and Sewerage guidelines. The dividend amount is also capped under these guidelines and the requirements of NSW Office of Local Government. This report is submitted as required by those guidelines and on the basis that Council seeks to pay a dividend.

Recommendation

That Council determines that “substantial compliance” of the criteria in the Best Practice Management of Water Supply and Sewerage Guidelines has been achieved and a dividend will be paid from the water fund to the general fund for the 2017/2018 budget year.

Options

1. Council could choose not to pay a dividend from the water fund.

Implications: The amount equal to the dividend would remain in the water fund reserve and budget revenue forecast in the general fund would need adjustment.

2. Council could choose to pay an amount which is less than the full dividend.

Implications: As per above for the amount not paid.

Background

If a dividend is to be paid from the water fund, Council must provide an independent audit report and resolve in a Council meeting open to the public that it has achieved “substantial compliance” with each criterion of the Best Practice Management of Water Supply and Sewerage Guidelines – August 2007.

This report outlines those matters relating to the independent audit of the Best Practice Management Guidelines and provides a resolution that it has achieved “substantial compliance” for a dividend to be taken. Since Council resolved at its meeting of 1 September 2003 to adopt the Best Practice Management Guidelines, substantial compliance has been achieved each year to enable a dividend to be paid as applicable.

There are six criteria as shown in the attached information (Attachment 1) for compliance with Best Practice Management of Water Supply and Sewerage Guidelines. The criteria are supported by a large number of checklists as a “road map” to address the issues to achieve compliance.

An audit was undertaken by the NSW Government Public Works Advisory which was completed in December 2018. The audit concluded that:

“Based on the findings of our audit, we conclude that Shoalhaven Water has demonstrated ‘substantial compliance’ with Best Practice Management of Water Supply and Sewerage in line with the DPI Water Guidelines as applicable for year ended 30th June 2018.”

A summary of the full audit is contained in the Attachment 2.

Community Engagement

By implementing and undertaking independent audit of the requirements of the Best Practice Management Guidelines, Council demonstrates that it has effective and sustainable water supply and sewerage businesses and will comply with National Competition Policy and the National Water Initiative. Compliance with the guidelines is also consistent with an outcome within the Resourcing Strategy (Chapter 6) of the adopted Integrated Strategic Plan as related to water and sewer dividends. Such revenue is directed to the Strategic Projects Reserve Fund of Council.

Financial Implications

The NSW Office of Local Government provides the final reporting requirements for the preparation of financial statements including the Special Purpose Financial Statements.

These requirements state that the dividend from water and/or sewer funds must not exceed 50% of the operating surplus in any one year, or the number of assessments multiplied by $30. In respect of the 2017/18 financial year the water fund cap of $30 per assessment is the maximum dividend payable. A copy of the calculation within the Annual Financial Statement – 30 June 2018 with a full dividend being taken in the amount of $1,480,838 plus Tax Equivalents of $113,772 is contained in Attachment 3.

It should be noted that the Best Practice Management Guidelines state that Local Government Water Utilities facing major capital expenditure for new and/or replacement infrastructure should defer paying a “significant” dividend from their surplus. Such capital expenditure in any financial year is defined as that which exceeds 3% of the current replacement cost. The current replacement cost of Council’s water assets is approximately $668m and the capital works expenditure threshold was not exceeded in the water fund for 2017/18.

Ordinary Meeting – Tuesday 26 March 2019

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CL19.84 Woollamia, St Andrews Way and Berrys Bay Sewerage Scheme Update

HPERM Ref: D19/77484

Group: Shoalhaven Water Group

Section: Water Asset Planning & Development

Purpose / Summary

The purpose of this report is to update Council on the progress of the Woollamia and St Andrews Way/Berrys Bay sewerage program and seek endorsement of the program and procurement strategy moving forward.

Recommendation

That Council

1. Note the progress of the Woollamia/St Andrews Way/Berrys Bay sewerage program and the key milestones.

2. Endorse the proposed Program of Works and procurement strategy to deliver pressure sewer systems to Woollamia and St Andrews Way/Berrys Bay.

Options

1. Adopt the Recommendation.

Implications: This is the preferred option as the recommended procurement strategy and program indicate that the two sewerage schemes can be delivered by June 2020 (per Council’s DPOP)

2. Council could resolve to adopt an alternate procurement strategy.

Implications: Should this be Council’s preferred option it would need to consider any flow on implications to the delivery program (noting Council adopted DPOP). Staff have considered other options to deliver the schemes and the adopted strategy appears to be the most efficient.

3. Council could resolve to defer the schemes to another nominated time.

Implications: This option is not preferred as the community have been advised of the proposed timetable and funds have been made available in the 2018/19 and 2019/20 financial years

Background

Council, at its Ordinary Meeting on 31 January 2017, resolved to: -

Amend the Delivery Program and Operational Plan to include the new capital projects for sewer extensions to Woollamia Village and the residential subdivision at St Andrews Way.

Council, at its Ordinary on 26 June 2018, resolved to: -

Connect 1260 – 1280 Bolong Road, Coolangatta (Berry’s Bay) to reticulated sewer and amend the Delivery Program and Operational Plan to include these properties in the capital project to sewer the residential subdivision at St Andrews Way (construction to be completed in 2019/20).

In response to the recommendations above staff have progressed through the planning phase and now are well into the design phase for the works.

In summary the key planning phase actions have included:

• The decision to design and deliver the two schemes in one program of works.

• A Resourcing assessment that culminated in the engagement of Public Works Advisory (PWA) to assist with the project management of the schemes.

• The development of a procurement plan for the design and construction phases, following a procurement workshop.

• Project Program and risk assessment based on the recommended procurement plan.

• Further development of the concept design originally prepared by Pressure System Solutions (PSS) to assist Council with its decision making.

• Community Engagement, including dissemination of information relating to pressure sewers via website, social media, newsletters and a Community drop-in session.

The following table captures the current status of the schemes’ progress and the upcoming key milestones (along with target completions) from the program.

Key Milestone	Current Progress (% complete)	Target Completion	Completion Date
Council Resolutions	100		26 June 2018
Engage Project Manager	100		October 2018
Concept Design	100		February 2019
Community Drop-in Session	100		9 Feb 2019
REF	80	April 2019
Geotech, survey, detailed design for street mains	20	June 2019
On-property audits/design	0	June 2019
Tender/Specification Documents	0	June 2019
Tender and award of Construction contract	0	August 2019
Construction complete	0	June 2020

As depicted above, the final procurement engagement to be made prior to tendering the construction is the on-property audits and detailed design. This component of the work is estimated to cost approximately $80,000 and take approximately 12 weeks. This has now become a critical path item on the program. These works comprise meeting with every property owner (approximately 150) and undertaking an audit on their internal plumbing systems and electrical power board. Any defects identified through these audits are required to be rectified by the property owners. Discussions will also be held with the property owner regarding the location of the pressure sewer unit on their properties under this phase of the works.

In order to meet the program and satisfy all of Council’s technical requirements, it is proposed to undertake the on-property audits and design by direct engagement of Pressure System Solutions (PSS), who are undertaking the detailed design of the street mains. This consultant has had similar experience in Council’s previous pressure sewer schemes and will ensure a coordinated approach to the overall design of the schemes and provide a consistent engagement process with property owners.

Community Engagement

Community engagement has been at the forefront of activities thus far. It was recognised that numerous property owners, particularly in Woollamia, would not be aware that the scheme in their area was proceeding. It was also recognised that few would have knowledge of pressure sewer systems. Some consultation had been undertaken with property owners in St Andrews Way and Berrys Bay by Environmental Services so have some familiarity with the proposed system.

The consultation process thus far has included newsletters, information brochures, website updates, social media and a community drop-in session. The community drop-in session was held at the Lady Denman from 9:30am to 11:30am on Saturday 9^th February 2019. It was very well attended with approximately 60 people in attendance (most from Woollamia but some from St Andrews Way). The vast majority of attendees were in support of the scheme but there were some concerned with the potential and ongoing costs of being connected to the scheme, others were concerned with the cost of decommissioning recently installed (expensive) on-site systems.

There were a number of requests to hold another similar session at the completion of the design process (and prior to construction commencing). This will be added in to the program.

A “Get Involved” page has been set up on Council’s website to continue the consultation process, and provide a history of correspondence for those who haven’t responded to the consultative process thus far.

Policy Implications

Councils Policy POL16/94 - Pressure Sewer System Policy - Backlog Sewerage Schemes has been provided to all property owners and the main points were highlighted at the Community drop-in session. The primary interest of the property owners has been the potential and ongoing costs.

Financial Implications

Adequate funds have been allocated in the sewer budget to support Council’s resolutions to complete design for the schemes in 2018/19 and construction in 2019/20.

Risk Implications

A project risk assessment for the project has been established. Environmental risks have been addressed in the draft project REF by recommending mitigation measures. These mitigation measures will be required to be implemented by the construction contractor.

Ordinary Meeting – Tuesday 26 March 2019

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CL19.85 Drought Management and Water Conservation

HPERM Ref: D19/82450

Group: Shoalhaven Water Group

Purpose / Summary

The purpose of this report is to review Council’s drought management plan and demand management strategy and to consider seeking the community’s views on water restrictions and permanent water conservation measures.

Recommendation

That Council

1. Engage with the community and seek views on water restrictions, permanent water conservation measures and other possible programs that would be used to develop a new drought management plan and water demand strategy.

2. Consider a further report after community input has been received.

Options

Implications: This provides an opportunity for Council to have input from the community on whether the current measures and triggers for water restrictions should be changed.

2. Leave the status quo

Implications: A number of things have changed since the water restriction triggers were adopted and this simply ignores a conversation that is already being had in the community

3. Adopt different measures and strategies to be directed by Council without community engagement

Implications: The issues of water demand management and water conservation have social and economic impacts to the community and it is not considered that Council currently has enough of a gauge on the overall’s community feelings on this. Adoption of any changes could cause criticism of lack of consultation.

History and Background

Council has a Drought Management Plan that provides, amongst other things, the trigger levels for water restrictions. These trigger levels are primarily dependent on the river flows and the levels in Bamarang, Danjera and Porters Creek dams. When water restrictions were introduced last year (the first time in 9 years), several comments from the community and media revolved around why “restrictions" were not in place all the time, especially as the Level 1 restrictions are generally “common sense” measures.

The Shoalhaven River dropped below 90ML/day in early March and if the recent rains had not eventuated, the trigger level for Level 1 restrictions would have occurred around Easter.

The following table shows the water restriction history for the Shoalhaven for the last 21 years:

The debate about water restrictions and water management in the Shoalhaven also gives rise to concerns and confusion within the community about the transfer of water from Tallowa dam to Sydney.

There are very strict limitations on both the volume that can be transferred and when this can take place. Tallowa dam has a total volume at full storage level (FSL) of 90,000 megalitres (ML). Only the top 1 metre of storage in the dam can be used for transfer to Sydney (this top 1 metre is equivalent to approximately 7,500 ML). This can only be accessed if the total storage volume in Sydney falls to 75%. At the time of writing, Sydney’s total storage was at 57% but transfers from the Shoalhaven ceased due to lack of available storage volume on 20 February 2019.

On 24 October 2006 Council adopted Raw Water Supply Protocols with the NSW government that ensured the drinking water supply for the Shoalhaven community was not impacted by water transfers to Greater Sydney. The Minister of the day congratulated the Council and stated “In a time when water resources are scarce, their effective and sound management is essential. While the agreement makes the large volume of water stored behind Tallowa dam available for the Shoalhaven, I trust that the council will continue with its sound demand management measures”.

This statement is as relevant today as it was in 2006 and in keeping with the leadership shown when the protocols were first established, the current drought provides an opportunity for Council to review what has transpired in the intervening period and to gauge the effectiveness of current activities. This is also an opportunity to engage with the community on their aspirations for water management and provide leadership and confidence in the water supply for the future.

The graph below shows that for the period 2003 – 2012 the total annual treated water delivered to the system followed a decreasing trend, despite an increase in the number of connections. The last few years has seen a change in this trend, with annual total production increasing. This is a very high-level indicator of trends and will be strongly influenced by weather patterns.

Despite the coarseness of that data, it could be observed that the early days of user pays pricing and community awareness campaigns were effective in reducing overall system demand. It is timely therefore to take stock of what changes may need to be made to more effectively engage with the community about water supply, given changes in technology and communication methods, including social media. For example, the implementation of the BASIX program in 2004 has resulted in changes to water capture and customer reuse habits and perceptions.

Water Restrictions vs Waterwise Rules

Shoalhaven applies the first stage of local water restrictions when the Shoalhaven River flows drop below 90 megalitres (ML) per day and Bamarang dam falls to 60% capacity. The application of any restrictions is independent of Sydney Water’s situation. Sydney does not apply water restrictions until the total storage drops to 50%. Up to this point Waterwise rules apply at all times, even when storages are full. The Waterwise Rules in Sydney are stricter than Council’s Level 1 water restrictions. However, they are not enforced until the levels reach 50%. The table below gives the relevant comparison between the Waterwise Rules and Shoalhaven’s Level 1 restrictions:

	Sydney Water – WaterWise Rules	Shoalhaven - Level 1 Water Restrictions
RESIDENTIAL
Garden Watering	Any day before 10 am and after 4pm – sprinkler, irrigation system or hose with a trigger nozzle	Anytime – sprinkler, irrigation system fixed to a timer or hand-held hose
New Lawns and gardens	Sprinklers or irrigation systems any time for the first 14 days then as above	Anytime
Cool people and animals	Any time	Anytime
Hosing of paths, driveways and other hard surfaces	For safety, health, emergency, construction or surface discolouration only	Only with an exemption
Washing Vehicles, trailers, boats and buildings	Anytime with a bucket, high pressure cleaning equipment or hose fitted with a trigger nozzle	Anytime with a bucket, high pressure cleaning equipment or hose Buildings only with an exemption
Bore water use, recycled water or rainwater	Only if tank is not topped up from drinking water supply	Only if tank is not topped up from drinking water supply
Firefighting or testing of fire systems	Allowed	Allowed
Commercial nurseries, market gardens, landscapers, including community gardens and public recreational facilities	Anytime – sprinkler, irrigation system or hose with a trigger nozzle	As per residential or standard variations for specific commercial or community operations

Proposal

Appropriate urban water conservation and demand management are essential for ensuring efficient use of our valuable water resources and is a required outcome of the NSW BPM of Water Supply & Sewerage Framework. Water conservation is also a requirement of the Water Management Act 2000 and the National Water Initiative, 2004.

Council’s Demand Management and Water Conservation Strategy involves both active intervention (rebates for rainwater tanks and a tap re-washer service) and community education (e.g. Tapstar Program and water saving tips). A new “World Without Water” video has also been developed to take advantage of other social media channels but has not yet been released.

There is currently a good opportunity due to increased interest in the media to use this video to reinvigorate Council’s water conservation message and to engage with the community about water restrictions.

It is proposed to use council’s ‘get involved’ page, social and other media to engage with the community and ask whether water restrictions in their current form are considered appropriate and what other tools or programs the community feel would be of value to ensure a sustainable water management future.

Ordinary Meeting – Tuesday 26 March 2019

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Local Government Amendment (governance & planning) act 2016

Chapter 3, Section 8A Guiding principles for councils

(1) Exercise of functions generally

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

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

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

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

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

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

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

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

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

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

(2) Decision-making

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

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

(b) Councils should consider social justice principles.

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

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

(3) Community participation

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

Chapter 3, Section 8B Principles of sound financial management

The following principles of sound financial management apply to councils:

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

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

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

(i) performance management and reporting,

(ii) asset maintenance and enhancement,

(iii) funding decisions,

(iv) risk management practices.

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

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

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

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

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

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

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

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

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

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

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

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

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