Agenda of Strategy and Assets Committee

Minutes of the Strategy and Assets Committee

Meeting Date: Tuesday, 11 June 2019

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

Time: 5.00pm

The following members were present:

Clr John Wells - Chairperson

Clr Joanna Gash

Clr Amanda Findley

Clr Patricia White

Clr Kaye Gartner

Clr Nina Digiglio

Clr Annette Alldrick

Clr John Levett

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot

Mr Stephen Dunshea - Acting General Manager

Apologies / Leave of Absence

An apology was received from Clr Guile.

Confirmation of the Minutes

RESOLVED (Clr Findley / Clr White) MIN19.385

That the Minutes of the Strategy and Assets Committee held on Tuesday 14 May 2019 be confirmed.

CARRIED

Declarations of Interest

Nil

Call Over of the Business Paper

The following items were called up for debate:

MMS19,2, SA19.67, SA19.68, SA19.69, SA19.70, SA19.74, SA19.75, SA19.76, SA19.78, SA19.86.

The following items were resolved en bloc (Clr Proudfoot / Clr Findley) at this time. They are marked with an asterisk (*) in these minutes:

SA19.71, SA19.72, SA19.73, SA19.77, SA19.79, SA19.80, SA19.81, SA19.82, SA19.83, SA19.84, SA19.85, SA19.87, SA19.88, SA19.89, SA19.90.

Mayoral Minutes

MMS19.2 Mayoral Minute - Request for Nowra Youth Services Inc variation to lease

HPERM Ref: D19/175169

Recommendation (item to be determined under delegated authority)

That the General Manager offer the Nowra Youth Services Inc a variation to their lease which drops their rent to the Statutory Minimum.

RESOLVED (Clr Findley / Clr Digiglio) MIN19.386

That:

1. The General Manager offer the Nowra Youth Services Inc. a variation to their lease which drops their rent to $500 per annum after submitting a comparative report to Council on the number of other lease agreements across the City that are on the statutory minimum or less.

2. This report be presented to the Ordinary meeting of Council in June.

3. A deputation be sought from the Nowra Youth Centre.

CARRIED

Deputations and Presentations

SA19.69 Update on the Review Access Areas for Dogs Policy (POL16/173) (page 18)

Mr Simon Twitchen, representing the Paws for Thought committee, addressed the meeting and spoke against the recommendation.

Mr David Holland addressed the meeting and spoke against the recommendation.

Mr Jeff Bird, representing the dog owners using Nowra Showground, addressed the meeting and spoke for the recommendation.

SA19.70 Request for Naming of Show Court - Shoalhaven Indoor Sports Centre (page 26)

Mr Tom Pottenger addressed the meeting and spoke for the recommendation.

SA19.78 Proposed Lease - Lots 6 & 7 Sec 10 DP2886 - 25 & 27 Meroo Street, Bomaderry - Nowra Players Incorporated (page 79)

Ms Debbi Szota, representing Nowra Players, addressed the meeting and spoke for the recommendation.

Procedural Motion - Bring Item Forward

RESOLVED (Clr Pakes / Clr White) MIN19.387

That the following items be brought forward for consideration:

· SA19.67 Question on Notice - Water Storage in Shoalhaven LGA

· SA19.68 Report of the Shoalhaven Arts Board - 23 May 2019

· SA19.69 Update on the Review Access Areas for Dogs Policy (POL16/173)

· SA19.70 Request for Naming of Show Court - Shoalhaven Indoor Sports Centre

· SA19.78 Proposed Lease - Lots 6 & 7 Sec 10 DP2886 - 25 & 27 Meroo Street, Bomaderry - Nowra Players Incorporated

CARRIED

SA19.67 Question on Notice - Water Storage in Shoalhaven LGA

HPERM Ref: D19/177233

Question

1. Could the Director of Shoalhaven Water please inform Council of the state of water storage in the Shoalhaven LGA, given the lack of rainfall to date in May, and modelling of the Bureau of Meteorology which predicts below average rainfall throughout winter and spring?

2. Is the campaign to understand how precious water is working?

3. Is our community responding by reducing water consumption? Is this reduction significant enough given the continuing low rainfall outlook?

4. Does Council need to do more to conserve our water supply given these predicted dry conditions?

Background:

The Bureau of Meteorology has downgraded its ENSO status from Alert to El Niño Watch.

The BOM website states: “This means the chance of El Niño developing in 2019 is approximately 50%, which is still double the normal likelihood.” As we know, El Niño brings drier conditions over winter and spring.

Further, the IOD (Indian Ocean Dipole) is predicted to trend positive over winter and spring; this also indicates less than average rainfall for winter and spring in southern Australia.

Response

1. Danjera Dam – 83.8%

Bamarang Dam – 81.2%

Porters Creek Dam – 73.7%

Flow into Tallowa Dam – at 4 June 2019, 400 ML/day (prior to recent rain was less than 90ML/day, therefore no pumping from Shoalhaven River).

Tallowa Dam water level – 0.4m below top water level.

Overall, Shoalhaven Storages are at 81.1% of capacity.

2. Shoalhaven Water has a range of strategies to encourage water conservation. In addition to raising awareness with school children through the popular Tapstar Waterwise education program, water accounts are issued with a range of topical information flyers each quarter. Together with regular updates to the Shoalhaven Water website and Council social media, Customers can stay informed and understand the issues around water and sewerage services. The campaign of awareness and information is escalated as part of the Drought Management Planning arrangements.

3. The chart below shows Shoalhaven residential consumption per property compares favourably with national water usage, other medium water utilities, and other Council’s/Water Utilities in our area.

4. The Shoalhaven Water Drought Management Plan (DMP) establishes how our water supply schemes are managed, particularly during extended dry periods. The plan is activated when it is perceived there is a high probability that, if there is no rainfall, water restrictions may be imposed. The drought management team have been closely monitoring the water situation in recent times, particularly as the flow into Tallowa dam reduced to below 90 ML/day (the trigger to stop pumping from the Shoalhaven River to Bamarang Dam). The recent rainfall in early June will delay further actions to implement water restrictions until the trigger levels contained within the DMP necessitate such action.

AB19.8 Shoalhaven Arts Board - Membership - Term Expires June 2019 - Call for Expression of Interest

HPERM Ref: D19/116155

Recommendation (Item to be determined under delegated authority)

That Council:

1. Approve the appointment of a second two (2) year term ending June 2021 for the following expiring Community Members who have advised that they wish to continue on the Board in accordance with the Arts Board Terms of Reference:

a. Peter Lavelle

b. Alison Chiam

c. Karen Akehurst

2. Note advice from Barbara Dawson that she does not wish to reapply and thank her for her service to the Shoalhaven Arts Board.

3. Call for Expressions of Interest for Community Members on the Shoalhaven Arts Board for the remaining two (2) positions now vacant on the Board.

RESOLVED (Clr Wells / Clr Pakes) MIN19.388

That Council:

a. Peter Lavelle

b. Alison Chiam

c. Karen Akehurst

2. Note advice from Barbara Dawson that she does not wish to reapply and thank her for her service to the Shoalhaven Arts Board.

3. Call for Expressions of Interest for Community Members on the Shoalhaven Arts Board for the remaining two (2) positions now vacant on the Board.

CARRIED

AB19.9 Recommendation from Aboriginal Advisory Committee - Membership - Representation

HPERM Ref: D19/8169

Recommendation (Item to be determined under delegated authority)

That Council:

1. Appoint Paul McLeod to the Aboriginal Local Community Member position of the Shoalhaven Arts Board as recommended by the Aboriginal Advisory Committee for a period of 2 years ending June 2021.

2. Amend the Terms of Reference of the Shoalhaven Arts Board to appoint an additional two (2) Aboriginal Local Community Members (as alternates) in accordance with the request from the Aboriginal Advisory Committee.

RESOLVED (Clr Wells / Clr Pakes) MIN19.389

That Council:

1. Appoint Paul McLeod to the Aboriginal Local Community Member position of the Shoalhaven Arts Board as recommended by the Aboriginal Advisory Committee for a period of 2 years ending June 2021.

CARRIED

SA19.69 Update on the Review Access Areas for Dogs Policy (POL16/173)

HPERM Ref: D19/141317

Recommendation (Item to be determined under delegated authority)

That Council:

1. Engage the consultant Balancing Act to commence the review of the Access Areas for Dogs Policy (POL16/173) and allocate $50,000 from savings at the June 2019 Quarterly Budget Review.

2. Ensure extensive community consultation throughout the region, including the use of:

a. One (1) Community Focus Group, with the members identified in Attachment 1;

3. Receive a report on the draft Policy and Guidelines to Council prior to public exhibition.

RESOLVED (Clr Pakes / Clr Proudfoot) MIN19.390

That Council:

1. Not proceed with the review of Council’s Dog Off Leash Policy.

2. Staff research and consult with community providing additional off leash areas on a case by case basis, and report back findings to Council with estimated costings in the first half of 2020.

3. Recommence the trial of the pathway street signage on the Adelaide Street Reserve, Greenwell Point.

4. Receive a further report setting out the business case for increasing funding for Ranger Services to educate and enforce existing dogs off leash areas.

CARRIED

SA19.70 Request for Naming of Show Court - Shoalhaven Indoor Sports Centre

HPERM Ref: D19/146413

Recommendation (Item to be determined under delegated authority)

That Council support the proposal from Shoalhaven Basketball Association Inc., that Court No 1, the “Show Court”, of the new Shoalhaven Indoor Sports Centre be named the “John Martin Court” in honour and recognition of the significant contribution Mr John Martin has made to basketball.

RESOLVED (Clr Gash / Clr White) MIN19.391

CARRIED

SA19.78 Proposed Lease - Lots 6 & 7 Sec 10 DP2886 - 25 & 27 Meroo Street, Bomaderry - Nowra Players Incorporated

HPERM Ref: D19/149228

Recommendation

That Council resolve to:

1. Enter into a twenty (20) year lease agreement over Lots 6 & 7 Sec 10 DP2886, 25 & 27 Meroo Street, Bomaderry with Nowra Players Incorporated at a commencement rent of $3,636.36 per annum plus GST with annual CPI increases.

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

RECOMMENDATION (Clr Pakes / Clr Proudfoot)

That Council resolve to:

CARRIED

SA19.74 Low Cost Loans Initiative Funding Agreement

HPERM Ref: D19/173924

Recommendation

That the Seal of Council be affixed to the Low-Cost Loan Initiative Funding Agreement for the Moss Vale Road South project with the Mayor and General Manager signing the agreement.

RECOMMENDATION (Clr Proudfoot / Clr White)

That the Seal of Council be affixed to the Low-Cost Loan Initiative Funding Agreement for the Moss Vale Road South project with the Mayor and General Manager signing the agreement.

CARRIED

SA19.75 Solar PV Installations on Council Assets and Revolving Energy Fund

HPERM Ref: D19/10239

Recommendation

That Council:

1. Receive the report for information to address multiple resolutions under MIN18.836

2. Endorse the establishment of a $230,000 Revolving Energy Fund (REFund) Reserve from July 2019 to provide financing to energy efficiency projects that generate cost savings and replenish the fund.

3. Funding of $230,000 for the establishment of the REFund Reserve be confirmed in conjunction with the adoption of the 2019/20 Budget.

4. Receive a further report early in the new financial year identifying a prioritised list of energy efficiency projects to be progressed under this initiative.

RECOMMENDATION (Clr Gartner / Clr Findley)

That Council:

1. Receive the report for information to address multiple resolutions under MIN18.836

2. Endorse the establishment of a $230,000 Revolving Energy Fund (REFund) Reserve from July 2019 to provide financing to energy efficiency projects that generate cost savings and replenish the fund.

3. Funding of $230,000 for the establishment of the REFund Reserve be confirmed in conjunction with the adoption of the 2019/20 Budget.

4. Receive a further report early in the new financial year identifying a prioritised list of energy efficiency projects to be progressed under this initiative.

CARRIED

SA19.76 Accelerated Replacement of Public Street Lighting with Energy Efficient LEDs

HPERM Ref: D19/168767

Recommendation

That Council:

1. Enter into an agreement with Endeavour Energy to implement the accelerated street lighting program to change 4,231 Mercury Vapour (MV) residential class street lights (50 and 80 Watts) to 17 Watt energy efficient LED technology at a cost of $1.2M.

2. Delegate to the General Manager the authority to:

a. Finalise and execute the contract and any other documentation required to give effect to this resolution

b. Apply to NSW Office of Environment and Heritage to participate in the Accelerated Public Lighting Program to replace lights with a payback period of 5 years or less

3. Request to borrow $1.2M from TCorp as a loan to fund the implementation of this program, with all savings from it to be directed back to loan repayments as they are realised.

RECOMMENDATION (Clr Pakes / Clr White)

That Council:

2. Delegate to the General Manager the authority to:

a. Finalise and execute the contract and any other documentation required to give effect to this resolution

b. Apply to NSW Office of Environment and Heritage to participate in the Accelerated Public Lighting Program to replace lights with a payback period of 5 years or less

3. Request to borrow $1.2M from TCorp as a loan to fund the implementation of this program, with all savings from it to be directed back to loan repayments as they are realised.

CARRIED

SA19.86 NSW Government Safer Roads Program 2018-19 Approved Variations

HPERM Ref: D19/167530

Recommendation (Item to be determined under delegated authority)

That:

1. Council accepts the grant funding variations approved under the NSW Government Safer Roads Program as follows:

a. An additional $40,000 for the Bolong Road (east of Broughton Creek) project (chainage 8-9km east of the Princes Highway), originally $430,000 approved under the Safer Roads Program ($5,000 for design in 2016-17, $300,000 to commence construction in 2017-18, and $125,000 to complete construction in 2018-19), the additional funds now adjusting the 2018-19 budget from $125,000 to $165,000 to allow completion of the project in 2018-19) and authorises the expenditure on job number 86637 (funding already received)

b. No additional funds have been approved for the Illaroo Road and Page Avenue intersection, North Nowra, (roundabout) project, originally $130,000 in 2018-19, however the budget has been revised to allow an extension of time ($90,000 in 2018-19 and $40,000 approved to allow completion of the project in 2019-20), and authorises the expenditure on job number 86665 (2018-19 funding component to be claimed in June, 2019)

c. No additional funds have been approved for the Mitchell Parade and Donlan Road (south), Mollymook, intersection (roundabout) project, originally $140,000 in 2018-19, however the budget has been revised to allow an extension of time ($90,000 in 2018-19 and $50,000 approved to allow completion of the project in 2019-20) and authorises the $40,000 approved to allow completion of the project in 2019-20), and authorises the expenditure on job number 86665 (2018-19 funding component to be claimed in June, 2019)

d. No additional funds have been approved for the Green Street and Warden Street, Ulladulla, intersection (roundabout) project, originally $240,000 in 2018-19, however the budget has been revised to allow an extension of time ($90,000 in 2018-19 and $150,000 approved to allow completion of the project in 2019-20) and authorises the expenditure on job number 86675 (2018-19 funding component to be claimed in June, 2019)

2. The General Manager (Director Assets & Works) write to the NSW Roads & Maritime Services, and both local State Members of Parliament, thanking them for their ongoing support of the Shoalhaven Community through the NSW Government Safer Roads Program and for the support of RMS staff in reviewing Council’s variations for these important local road safety improvements.

RESOLVED (Clr Proudfoot / Clr Kitchener) MIN19.392

That:

1. Council accepts the grant funding variations approved under the NSW Government Safer Roads Program as follows:

c. No additional funds have been approved for the Mitchell Parade and Donlan Road (south), Mollymook, intersection (roundabout) project, originally $140,000 in 2018-19, however the budget has been revised to allow an extension of time ($90,000 in 2018-19 and $50,000 approved to allow completion of the project in 2019-20) and authorises the expenditure on job number 86668 (2018-19 funding component to be claimed in June, 2019)

CARRIED

Notices of Motion / Questions on Notice

SA19.67 Question on Notice - Water Storage In Shoalhaven LGA

HPERM Ref: D19/177233

Item dealt with earlier in the meeting.

Report of the Shoalhaven Arts Board - 23 May 2019

AB19.8 Shoalhaven Arts Board - Membership - Term Expires June 2019 - Call for Expression of Interest

HPERM Ref: D19/116155

Item dealt with earlier in the meeting see MIN19.388

AB19.9 Recommendation From Aboriginal Advisory Committee - Membership - Representation

HPERM Ref: D19/8169

Item dealt with earlier in the meeting see MIN19.389

Reports

SA19.69 Update on the Review Access Areas for Dogs Policy (POL16/173)

HPERM Ref: D19/141317

Item dealt with earlier in the meeting see MIN19.390

SA19.70 Request for Naming Of Show Court - Shoalhaven Indoor Sports Centre

HPERM Ref: D19/146413

Item dealt with earlier in the meeting see MIN19.391

The following items were moved en bloc and are marked with an asterisk (*):

SA19.71 Local Government Remuneration Tribunal - Determination - Councillor and Mayoral Fees - 2019/2020

HPERM Ref: D19/159027

RECOMMENDATION* (Clr Proudfoot / Clr Findley)

That Council:

1. Notes the Local Government Remuneration Tribunal’s Annual Report and Determination dated 15 April 2019

2. Agrees to adjust the Councillor Fee to $20,280 and the Additional Mayoral Fee to $44,250 for the 2019/2020 financial year.

3. Make a submission to the Local Government Remuneration Tribunal as part of the 2020 Review on the basis that the current categorisation of Shoalhaven City Council does not adequately reflect the attributes, challenges and responsibilities of the Council.

CARRIED

SA19.72 19th International Cities, Town Centres and Communities Conference

HPERM Ref: D19/158092

RESOLVED* (Clr Proudfoot / Clr Findley) MIN19.393

That Council

1. Notes the details of the 19th International Cities, Town Centres and Communities Conference scheduled for 23 to 25 October 2019 in Townsville, QLD.

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

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

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

CARRIED

SA19.73 Sponsorship Request - Rotary - Shoalhaven Emergency Services Community Awards

HPERM Ref: D19/161116

RECOMMENDATION* (Clr Proudfoot / Clr Findley)

That Council:

1. Accept the invitation to be a Partner of the Shoalhaven Emergency Services Community Awards as a Silver Awards Partner ($2,000).

2. Fund the sponsorship from the Unallocated Donations Budget for 2019/20.

CARRIED

SA19.74 Low Cost Loans Initiative Funding Agreement

HPERM Ref: D19/173924

Item dealt with earlier in the meeting.

SA19.75 Solar PV Installations on Council Assets and Revolving Energy Fund

HPERM Ref: D19/10239

Item dealt with earlier in the meeting.

SA19.76 Accelerated Replacement Of Public Street Lighting With Energy Efficient LEDs

HPERM Ref: D19/168767

Item dealt with earlier in the meeting.

SA19.77 Proposed Lease of Part 108 DP131063 - Narang Road Bomaderry - Shoalhaven District Tennis Association

HPERM Ref: D19/145603

RECOMMENDATION* (Clr Proudfoot / Clr Findley)

That Council:

1. Enter into a three (3) year lease agreement over Part Lot 108 DP131063, Narang Road, Bomaderry with two (2) x three (3) year option periods with Shoalhaven District Tennis Association at a commencement rent of $21,996.00 per annum plus GST with annual CPI increases.

2. Approve 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.

CARRIED

SA19.78 Proposed Lease - Lots 6 & 7 Sec 10 DP2886 - 25 & 27 Meroo Street, Bomaderry - Nowra Players Incorporated

HPERM Ref: D19/149228

Item dealt with earlier in the meeting.

SA19.79 Public Road - Douglas Paddock Road, Coolumburra - Redefinition of Boundaries and acquisition

HPERM Ref: D19/172301

RECOMMENDATION* (Clr Proudfoot / Clr Findley)

That Council

1. Approve draft survey plan DP 1253398 redefining Douglas Park Road boundaries (shown as proposed Lot 1), for registration per S.21 of the Roads Act 1993.

2. Resolve to acquire from Gary & Maureen Hansell proposed Lot 2 DP 1253398 for $1.00 (plus GST if applicable) and upon conclusion of the acquisition dedicate same as a public road per S.10 of the Roads Act 1993;

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

CARRIED

SA19.80 Proposed Lease - Bomaderry Community Preschool - 5 Birriley Street, Bomaderry

HPERM Ref: D19/168439

RECOMMENDATION* (Clr Proudfoot / Clr Findley)

That Council:

1. Enter into a five (5) year lease agreement with a five (5) year option period with Nowra Anglican College Ltd for the continued use and occupation of part 5 Birriley Street, Bomaderry as the Bomaderry Community Preschool, with an initial rent of $7,357.09 plus GST, with annual CPI increases,

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.

CARRIED

SA19.81 Proposed Licence - Part of Lot 374 DP 755952 & Part of Lot 7323 DP 116817, West St Nowra - Nowra Communal Hall Nowra Showground

HPERM Ref: D19/169265

RECOMMENDATION* (Clr Proudfoot / Clr Findley)

That Council:

1. Enter into a one-year short term Crown Land licence agreement over part of Lot 374 DP 755952 and part of Lot 7323 DP 116817, West St Nowra, known as Nowra Communal Hall Nowra Showground, to Shoalhaven Citizens Youth Club trading as Nowra Gymnastics for an annual rent of $25,000 (twenty-five thousand dollars) plus GST.

CARRIED

SA19.82 Classification of Land
Lot 616 DP 1249606 & Lot 617 DP 1249606
Red Gum Drive Ulladulla

HPERM Ref: D19/140155

RECOMMENDATION* (Clr Proudfoot / Clr Findley)

That Council resolve to classify the land, Lot 616 & Lot 617 DP 1249606 Red Gum Drive Ulladulla in SF9275 as Community Land.

CARRIED

SA19.83 Proposed Acquisition of Land - Ulladulla

HPERM Ref: D19/166655

RESOLVED* (Clr Proudfoot / Clr Findley) MIN19.394

That Council, in accordance with Section 10A(2)(a) of the LGA 1993 consider a separate confidential report in relation to property acquisition matters in the locality of Ulladulla.

CARRIED

SA19.84 Parking Spaces - Petition - Moss Street / North Street - Nowra

HPERM Ref: D19/104900

RESOLVED* (Clr Proudfoot / Clr Findley) MIN19.395

That in response to two petitions presented to the Ordinary Meeting on the 26 March 2019, the General Manager (Director, Assets & Works) carry out community consultation on a proposal to time restrict three (3) all day parking spaces to 2P (2 hour) on the southern side of Moss St, Nowra (immediately east of Kinghorne St), prior to consideration of the proposal by the Shoalhaven Traffic Committee and subsequent consideration by Council.

CARRIED

SA19.85 Australian Government Blackspot Program 2018-19 - Approved Variations

HPERM Ref: D19/167524

RESOLVED* (Clr Proudfoot / Clr Findley) MIN19.396

That:

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

a. an additional $70,000 for the Jervis Bay Road (south of Woollamia Road), Falls Creek project, originally $480,000 in 2017-18, making total revised budget $550,000 ($480,000 in 2017-18 and $70,000 approved to allow completion of the project in 2018-19) and authorises the expenditure on job number 86666 (funding already received)

b. an additional $275,000 for the Wheelbarrow Road, Woodburn project (Chainage 2.0-3.2km east of Woodburn Road), originally $210,000 in 2017-18, making total revised budget $485,000 ($100,000 in 2017-18 and $385,000 approved to allow completion of the project in 2018-19) and authorises the expenditure on job number 86671 (2018-19 funding component to be claimed in June 2019)

c. an additional $160,000 for the Paradise Beach Road & Kingsford Smith Crescent, Sanctuary Point, roundabout project, originally $190,000 in 2017-18, making total revised budget $350,000 ($40,000 in 2017-18 and $310,000 approved to allow completion of the project in 2018-19) and authorises the expenditure on job number 86669 (funding already received)

d. an additional $70,000 for the North Street & Kinghorne Street, Nowra (traffic signals) project, originally $260,000 in 2018-19, making total revised budget $330,000 ($45,000 in 2018-19 and $285,000 approved to allow completion of the project in 2019-20) and authorises the expenditure on job number 85163 (2018-19 funding component to be claimed in June 2019)

2. The General Manager (Director Assets & Works) writes to the NSW Roads & Maritime Services, thanking them for their ongoing support of the Shoalhaven Community in reviewing and supporting Council’s variations for these important local road safety improvements.

CARRIED

SA19.86 NSW Government Safer Roads Program 2018-19 Approved Variations

HPERM Ref: D19/167530

Item dealt with earlier in the meeting see MIN19.392

SA19.87 NSW Government CPTIGS Program 2015-17 (Proposed Bus Shelter - Kangaroo Valley) - Options

HPERM Ref: D19/167539

RESOLVED* (Clr Proudfoot / Clr Findley) MIN19.397

That:

1. Council proceed to install a bus shelter in the road reserve fronting 167 Moss Vale Road (Option 1 of the recent community consultation); and

2. The General Manager (Director Assets & Works) advise the community of the outcome of the community consultation process, and of Council’s decision

CARRIED

SA19.88 Grant of Easement for Underground Cables to Endeavour Energy - Moss Vale Rd Kangaroo Valley

HPERM Ref: D19/88432

RECOMMENDATION* (Clr Proudfoot / Clr Findley)

That Council

1. Grant an Easement in favour of Endeavour Energy for underground cables 1 metre wide over Lot 16 DP 773481 Moss Vale Road, Kangaroo Valley and accept compensation of $2,500 plus GST provided that all costs associated with the granting of the easement, including valuation, survey and all legal costs are met by the registered proprietor of Lot 14 DP 773481.

CARRIED

SA19.89 Fee Waiver - St Andrews Way, Coolangatta - Sewer Scheme

HPERM Ref: D18/264834

RESOLVED* (Clr Proudfoot / Clr Findley) MIN19.398

That Council endorse to waive the final drainage inspection fee of $135 for 6 months, for the following existing residential dwellings located on the following lots:

1. Lots 1 to 22 of DP 1090614 - St Andrews Way Coolangatta and;

2. Lot 23 DP 1144425 - 99 Edwards Wollstonecraft Lane Coolangatta.

3. 11 properties known as 1260 – 1280 Bolong Rd, Coolangatta.

CARRIED

SA19.90 Request - Refund DA and CC Fees - Nowra Christian School & Nowra Rifle Club - DA19/1060 & DA18/1887

HPERM Ref: D19/114286

RECOMMENDATION* (Clr Proudfoot / Clr Findley)

That:

1. Council, in accordance with Council’s Policy POL18/19, refund application fees identified in the report for:

a. Nowra Baptist Christian School Ltd. amounting to $3,523.00; and

b. Nowra Rifle Club Inc. amounting to $132.00.

2. The refund for the Application Fees be sourced from the proposed 2019/2020 Unallocated Donations Budget Allocation.

CARRIED

Confidential Reports

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

No members of the public made representations.

RESOLVED (Clr Pakes / Clr Gash) MIN19.399

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

CSA19.6 Proposed Acquisition of Land - Ulladulla

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

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.

CARRIED

The meeting moved into confidential the time being 6.49.

The meeting moved into open session, the time being 6.51.

There being no further business, the meeting concluded, the time being 6.51pm.

Clr Wells

CHAIRPERSON

Strategy and Assets Committee – Tuesday 23 July 2019

Page 0

SA19.96 Hyams Beach - Peak Tourist Period Management - Progress Update

HPERM Ref: D19/169635

Group: General Manager's Group

Section: Tourism

Purpose / Summary

To provide Council with feedback on the Easter Peak Tourist Period at Hyams Beach and update Council on progress that has been made on the previous resolution of Council.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Note that given the complexity and expertise required to progress the following “long-term solutions”, separate reports to future Strategy & Assets meetings are being prepared, and that the outcomes of deliberations on those further reports will be consolidated into the Draft Hyams Beach Access and Management Master Plan:

a. Out of village parking: Actively pursue options for parking outside of Hyams Beach Village.

b. Options for traffic management long term: Feasibility, funding and installation of a permanent roundabout to ease traffic congestion and control access into Hyams Beach at peak holiday times.

c. Paid parking: Continue to actively investigate the viability of paid parking through the required traffic studies.

d. Illegal Camping and installation of a gate at Seamans Beach carpark: Installation of a gate on Seamans Beach carpark with associated options and costings, including locking toilets, additional disabled parking and additional line-marking.

e. Funding opportunities: Outcomes of the Restart NSW Environment and Tourism fund.

f. Smart Technology: EOI process to identify potential Smart Technology solutions to challenges faced in Hyams Beach peak tourist periods.

g. Additional parking in the village: There is mixed feedback about carparking and various options that have been discussed.

h. Amenities: Planned upgrades, timeframes and additional opportunities for improvements.

i. Footpaths and pedestrian access around the village: options and associated costs.

j. Community Hall: Community requests for access to the hall, identified challenges and associated costs.

2. Note that ultimately the Draft Hyams Beach Access and Management Master Plan will be presented to Council for adoption following a formal public consultation process.

Options

1. As recommended.

Implications: Specialist staff will report directly to Council on each project.

2. Receive the report for information only.

Implications: Absence of strategic direction.

3. An alternative proposal.

Implications: Unknown.

Background

Hyams Beach has become such a popular destination for day trippers and holiday makers that in peak visitation times, residential amenity is significantly impacted and pressures on infrastructure and service provision are extreme. There has been significant traffic congestion, lack of parking, illegal parking, illegal camping, high levels of waste generation and littering during peak visitation periods.

In response to these conditions, additional management strategies have been implemented over the October 2018 long weekend, 2018/2019 summer period and 2019 Easter school holiday period. Community feedback on the Easter holiday period management strategies is discussed further under the heading “Community Consultation”.

Council resolution 26 March 2019 [MIN19.162]

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.

8. That Council continue to work with the businesses of Hyams Beach in reducing any perceived impacts of the peak tourist management period.

Status of actions

Continue to manage short term high tourism visitation challenges to ensure standard of service and improvements is maintained

Traffic management, additional ranger services, temporary portable toilets and additional waste services provided over the summer period were provided at Hyams Beach over the Easter school holiday period to continue to manage short term high visitation challenges.

Temperatures over Easter were warmer than average (25-28 degrees Celsius) for this time of year (historical average 22 degrees Celsius). Roads were closed for three hours on Saturday (approximately 12pm-3pm) and Sunday (approximately 11.30am-2.30pm). Hyams Beach did not reach full parking capacity on other days.

Feedback from residents and businesses about the implementation of management strategies was positive and is covered in further detail below under the heading “Community Consultation”.

Members of the community have raised concerns about the October long weekend and October school holidays. Plans are in place for traffic management over the October long weekend, Friday 4 – Monday 7 October 2019. It is believed that weather will not be warm enough to have traffic management in place for the whole school holidays.

Out of area parking

Council staff held initial discussions with the Jerrinja Local Aboriginal Land Council on 9 April 2019 regarding possible future use opportunities for land now in their ownership to the East of Naval College Road and South of Booderee Avenue.

Council wrote to the National Parks & Wildlife Service on 22 May 2019 to enquire whether NPWS would be supportive of partnering in further investigation into a carpark on a site bordered by Naval College Road and St George Avenue, or an alternative site. NPWS and Council representatives met on-site on 17 June 2019.

Council resolved on 25 June 2019 [MIN19.410]

That in relation to the item Peak Tourist Management Package SA19.24, endorsed by Council at the 26 March 2019 Ordinary Meeting, Council expunges, or does not act upon Part 3(i) of the resolution which indicates a preference for two identified potential sites owned by the Jerrinja Local Aboriginal Lands Council and the National Parks and Wildlife Service.

An alternative option that is being explored is making use of the existing carpark at Vincentia High School and operating a shuttle bus service. An advantage of using this site, if agreement could be reached with the Department of Education and Training, is that the carpark is already in place. A disadvantage is the cost and practicalities of operating a shuttle bus and making this an attractive option for visitors.

Council wrote to the Department of Education and Training on 11 June 2019 to enquire whether DET would be supportive of Council using the carpark during the summer school holidays. Challenges include school security, public liability and potential deterioration of the asset from increased use.

Representatives from School Infrastructure NSW have expressed support for further investigation into this option and meeting onsite. A separate report on this long-term option will be presented to a future Strategy and Assets Committee Meeting.

Permanent roundabout(s)

The cost for survey and design work has been estimated at $45,000. This includes preparation of construction ready drawings ready for grant application. If approved, the survey and design work could be completed by 30 June 2020 and construction funding applied for.

The appropriate location for a permanent roundabout has not been determined. To prevent deterioration of Naval College Road from the use of a temporary roundabout over the summer period, additional sealing may be required. A separate report on this long term, permanent solution will be presented to a future Strategy and Assets Committee meeting.

Continue to investigate the viability of paid parking

$20,000 has been spent on traffic surveys to date and surveys are progressing. It is estimated that an additional $20,000 will be required to complete further surveys to November 2019 and an estimated $40,000 for a consultant to complete the parking study and prepare a report for Council, subject to quotations. The studies are required to support an application to the RMS to implement paid parking. If funds are available, the study could be complete by June 2020 and outcomes reported to Council for next steps. Council will continue to fund traffic surveys unless there is a decision to the contrary. A separate report on this long term, permanent solution will be presented to a future Strategy and Assets Committee meeting.

Installation of a gate on Seamans Beach carpark

Since the Council resolution of 26 March 2019, several matters have been identified as practical challenges associated with installation of a gate. Due to the width of the entrance to the Seamans Beach carpark, a traffic island to support the gate would be necessary. This would limit the access width to the carpark and reduce available car parking spaces, for the island and the opening and closing of the gate.

If this is the preferred option, designs will need to be completed and approved through Council’s Traffic Committee and funding will need to be sought by Council for construction. Cost of design for the traffic island and gate is estimated at $10,000. Design could be complete by December 2019, including reporting and approval by the Shoalhaven Traffic Committee.

Alternative options include a boom gate and retractable bollards, which are potentially an expensive solution. A separate report on this long term, permanent solution will be presented to a future Strategy and Assets Committee meeting.

Locking Seamans Beach toilets overnight

The trial was discussed with representatives of the Villagers Association on 15 April 2019. Representatives were concerned about locking the toilets in the absence of other measures, such as a lockable gate, and suggested that Council delay a trial of locking the toilets until a gate is in place to close the carpark.

A quote to lock the toilets was obtained from a local security company, who estimated the cost to lock the toilets in the evening and unlock in the morning every day of the year at $70,000 as it would occur on the change of shift. Costings for locking the toilets during the peak tourist period only are $7,480 plus GST. The community has indicated that this is a year-round problem.

There are toilets within other regions with automatic locking systems. This is something that can be explored further in the design stage. A separate report on long term plans for toilets, including upgrades and options for locking will be presented to a future Strategy and Assets Committee meeting.

Investigate the ability to issue higher dollar infringements for illegal camping

Camping on Council public land may be prohibited by the local Council erecting signage under section 632 of the Local Government Act 1993. Signage has been erected across the Shoalhaven prohibiting camping Council's reserves, beaches and public areas, including at Hyams Beach.

A person who, in a public place within the area of a Council, fails to comply with the terms of a notice erected by the Council is guilty of an offence. Council rangers are authorised to issue "on the spot" penalty notices for this offence carrying a $110 fine.

This is the only legislative provision available to local government to combat illegal camping. The penalty amount is set by the NSW Government legislation. As Councils do not set the amount of a penalty notice they are unable to vary the amount of the fine.

An alternative option might have been to make the car park a no-stopping zone overnight, and the penalty amount of $112 would normally apply. This amount is only marginally higher, and Council resolved on 26 March 2019 to reduce penalty notice charges for overtime carparking, overtime street parking and not stand vehicle within marked space by 25%, so the penalty amount would be $84.

Representations have been received from members of the community to convert Seamans Beach carpark to disabled parking only.

An infringement for illegally parking in a disabled parking space is $561 and 1 demerit point.

Council’s DCP, Chapter G21 provides “a minimum of one space for the disabled is required and thereafter one additional space for every 100 spaces or part thereof.”

Seamans Beach carpark has 8-12 available parking spaces, including 1 disabled parking space. It appears that the provision of disabled car parking within the Seamans Beach carpark complies with Council’s DCP. More broadly, there are approximately 500 on street parking spaces in Hyams Beach.

A separate report on options for disabled parking changes to the Seamans Beach carpark will be presented to a future Strategy and Assets Committee meeting.

Restart NSW Environment and Tourism fund grant

Outcomes are expected to be announced in July and a further report will go to Council as soon as information becomes available.

Expression of Interest to identify potential Smart Technology Solutions

At the time of writing, a draft Expression of Interest and required procurement documentation are being prepared. The draft will be forwarded to representatives from the Hyams Beach Villagers Association for consultation and feedback prior to going out to the market in August 2019.

Hyams Beach Access and Management Master Plan

Staff and community members over the past few years have identified the need for a whole of town approach to planning. An Access and Management Master Plan has been identified as a possible solution. The suggestion for a Master Plan was included in the community consultation analysed by Micromex Research and was broadly supported by the community.

A Master Plan would connect existing and proposed amenities, facilities and pathways. An adopted Master Plan would also assist a strategic and organised approach to infrastructure upgrades as well as providing a strong case for future grant applications and shovel-ready projects.

It is proposed that outcomes of all long-term solutions noted above will be collated and form the basis of the Hyams Beach Access and Management Master Plan.

Additional community requests

Moving the Google Pin

Members of the Hyams Beach Villagers Association asked Council to move the Google pin from its current location near the Seamans Beach carpark to the boat ramp as there is less on-street parking available around Silver Strand Circuit than there is further along Cyrus Street, and members have observed numerous drivers attempting U-turns at the intersection of Bayview Avenue, near the entrance to Seamans Beach carpark. Members also raised concerns for pedestrian safety at this intersection.

Council can make representations to Google to move the town pin, although ultimately it is a decision for Google.

Council’s Traffic Investigation Officer and Transport Engineer raised concerns about the proposed location in that it may increase dangerous U-turns at the intersection, increase congestion, pose a safety threat to pedestrians and may add to visitor confusion. This is especially so when the Traffic Management Plan and one-way controls are in place, when visitor numbers and traffic congestion are at their highest.

An alternative location for the town pin was suggested with the HBVA. That is to move it onto Booderee Avenue, between Moonah Road and Cyrus Street. The advantage of this option is that visitors have time before arriving at the intersection of Booderee Avenue and Cyrus Street to decide which way to turn and they will be able to see the beach. Directional signage down at the intersection could be installed to inform visitors that there are beaches and amenities in both directions.

The HBVA have advised staff that at its general meeting on 8 June 2019 members voted unanimously to support Council making representations to Google to move the town pin onto Booderee Avenue, between Moonah Road and Cyrus Street.

Shoalhaven City Council staff have made representation to Google, requesting the pin location be changed. At the time of writing this report, the Google location pin is still directing traffic to the corner of Cyrus Street and Bayview Avenue.

CCTV at Seamans Beach carpark

Members of the Hyams Beach Villagers Association have suggested that CCTV is necessary at the Seamans Beach carpark to prevent illegal camping.

Council has no immediate plans to install CCTV at Hyams Beach. Council’s CCTV Policy outlines the process to investigate installation of CCTV. This includes working with the NSW Police Force to investigate locations that have ongoing safety issues, backed by Police data. It also includes Council conducting a safety audit of the site and examining alternative options to reduce crime at the site. Community engagement by Council is a further component of this process. This Policy is currently under review.

Council’s Crime Prevention Plan identifies Huskisson CBD and Nowra CBD as sites for safety audits. As part of Council’s Safer Communities Fund Round 3 grant applications, 10 priority sites across the Shoalhaven were identified in conjunction with NSW Police; these did not include Seamans Beach carpark. However, the potential inclusion of Seamans Beach will be discussed with NSW Police in any future rounds of the Safer Communities Fund.

Access to the Hyams Beach Community Hall

Members of the Hyams Beach Villagers Association have expressed frustration that the community has not been able to access the community hall for a number of years.

A portion of the land that the hall sits on was part of a successful Aboriginal land claim by Jerrinja Local Aboriginal Land Council. Whilst the claim was subject to legal proceedings Council was unable to access the building. The land claim has recently been awarded and the title in the process of being handed back to the Jerrinja Local Aboriginal Land Council.

The land is also subject to a broader land claim by the South Coast People. This means that Jerrinja Local Aboriginal Land Council cannot conduct any dealings on the land until the Federal Court has resolved all matters. This is expected to take years. This means that Council cannot negotiate with Jerrinja Local Aboriginal Land Council to formally rent the proportion of the hall that is on their land.

The Property Unit has made representations to Jerrinja Local Aboriginal Land Council to enter into a ‘temporary licence agreement’. This is less formal than a lease and would allow community to use of the hall until legal proceedings have resolved.

If agreed and a licence is created, Council can then look at what needs to be done to make the building safe and costings. It appears that there is work to be done with asbestos removal, external cladding for fire safety compliance and provision of disability access.

A separate report on options will be presented to a future Strategy and Assets Committee meeting.

Additional line-marking on Cyrus Street and Silver Strand Circuit

Members of the Hyams Beach Villagers Association have reported concerns about dangerous U-turns at the intersection of Bayview and Cyrus Streets, near the entrance to Seamans Beach carpark. There have also been reports of numerous U-turn attempts in Silver Strand Circuit, which is permanently one-way.

The traffic island and gate to Seamans Beach carpark design could incorporate features to reduce the likelihood that drivers will attempt U-turns. Double line-marking could also be considered, which would add to cost. Line-marking would need to go through the Traffic Committee for approval. The separate report on the long-term option of carpark gate installation will include information on this issue and will be presented to a future Strategy and Assets Committee meeting.

Community Engagement

As part of Council’s community engagement process, Council conducted a survey from 3 October to 13 November 2018 on various short and long term options at Hyams Beach. Micromex Research analysed the responses and prepared a survey report for Council on 10 December 2018, published on Council’s website.

The Tourism Manager and Project Officer met with the Hyams Beach Villagers Association before the Easter long weekend, on Monday 15 April 2019.

The Tourism Project Officer was in Hyams Beach for part of every day from 19 to 26 April 2019. Feedback received from residents was that the traffic management in Hyams Beach was working well. Feedback received on continuing challenges included enforcement of illegal camping, particularly in the Seamans Beach carpark, and illegal parking.

The Acting General Manager, Tourism Manager and Tourism Project Officer met with representatives of the Hyams Beach Villagers Association on 13 May 2019 to gauge feedback on the Easter peak period management.

Representatives of the Hyams Beach Villagers Association reported that the Easter period was quieter than previous years and quieter than the summer peak period. They also supported continuing with the traffic control measures implemented over the summer and Easter peak periods.

Council wrote to business operators at Hyams Beach on 22 May 2019 to seek feedback on the Easter peak period management. Of those that responded, the traffic management was said to be an “excellent solution” and it was supported to continue in the future.

Council staff continue to liaise with community and businesses in the area on long term solutions.

Strategy and Assets Committee – Tuesday 23 July 2019

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SA19.101 Sale of Council Land to RMS - New Shoalhaven River Bridge - Nowra

HPERM Ref: D19/212516

Group: Assets & Works Group

Section: Technical Services

Attachments: 1. Letter from RMS dated 17 June 2019 ⇩

2. Letter from RMS dated 24 June 2019 ⇩

3. Acquisition Plans ⇩

4. Letter from Mcdonald Contracting dated 10 April 2019 ⇩

5. Nowra Bridge Landscape - Cost estimate report ⇩

Purpose / Summary

The report provides Council with an opportunity to approve the sale and lease of various Council land parcels to Roads and Maritime Services (RMS) and provide an update on other matters relating to the New Shoalhaven Bridge project.

Recommendation

That Council:

1. Approve the sale of the following land parcels to the NSW Roads & Maritime Services. The land parcels to be compulsorily acquired at the agreed compensation of $2,618,500 (excl GST):

a. Lot 1 DP1127316,

b. Lot 6 DP813461,

c. Lot 5 DP813461,

d. Lot 5 DP262460,

e. Lot 3 DP625514,

f. Lots 25, 29 and 35 DP1245213,

g. Lots 18, 19, 20, 21, 22, 23, 26 and 31 DP1254210.

2. Accept, in addition to 1 above, compensation for disturbance (Sec 55(d)) under the Land Acquisition (Just Terms) Compensation Act covering:

a. Council’s legal and valuation fees at cost

b. Playground equipment: $48,000 (Located on Lot 1 DP 1127316)

c. Toilet block: $120,000 (Located on Lot 7302 DP 1164490 being Crown Land)

3. Approve the granting of a temporary construction lease of the following land parcels to the NSW Roads and Maritime Services from 1 July 2019 to 30 June 2022 at a rental of $52,200 plus GST per annum:

a. Lots A & B DP158942,

b. Lot 11 DP1254213,

c. Lot 4 DP1254210,

d. Lot 5 DP1254210.

4. Require all costs associated with the sale of Council land parcels to be paid by Roads and Maritime Services;

5. Authorise the allocation of proceeds from part 1 above as follows:

a. $425,000 towards a new structure to house the “Shoalhaven flood boat”;

b. $930,000 (excl GST) repaid to the Industrial Land Development Reserve; and

c. The residual placed in the Property Reserve for future property acquisitions.

6. Approve the affixing of the Common Seal of the Council of the City of Shoalhaven to any documents required to be sealed, otherwise the Chief Executive Officer is authorised to sign any documentation necessary to give effect to the resolution.

Options

1. Adopt the recommendation.

Implications: RMS will be able to meet its program for planning and design for the new Shoalhaven Bridge.

2. Not proceed as recommended.

Implications: RMS may proceed to issue Council with a Proposed Acquisition Notice (PAN) in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991. If Council’s interest is compulsorily acquired, all prior RMS offers will be withdrawn and compensation will be determined by the Valuer General.

Background

In September 2018 a report was submitted to Council’s Strategy & Assets Committee meeting raising proposals by RMS for the acquisition and/or occupation of Council owned land in connection with the Nowra Bridge project. The Committee under delegation resolved in part (MIN18.704 (3)) to:

3. Request RMS agreement to further discuss its requirements for the occupation of Council owned land and to negotiate agreements subject to formal Council approval, for the acquisition of various properties.

After the above, a report was submitted to Council’s Ordinary meeting of 29 January 2019 providing an update on information relating to some important aspects of the Nowra Bridge project. Council resolved in part (MIN19.39) to:

1. A further report be submitted to Council in relation to the relocation of parking, public toilets and the Rotary monument near the bridge in Illaroo Road and on the relocation, replacement or demolition of the Captain Cook Memorial which is currently located in Moorhouse Park.

2. Council advise RMS that Council does not support any proposal to use Harry Sawkins Park as a car park but otherwise has no objection to the proposed amendments to the areas required for acquisition and leasing as set out in Attachment 1.

3. Council advise RMS that all landscape design work in relation to the Nowra entry, Moorhouse Park and Paringa Park is to be carried out by Council in consultation with RMS at RMS’s cost.

Over the past four (4) months Council staff have continued to discuss unresolved issues which are detailed hereunder and contained within correspondence from RMS dated 17 and 24 June 2019 (refer to attachments 1 & 2), negotiate with RMS on the important aspects of the Nowra Bridge project that affects Council, confer on land acquisitions and respective compensation amounts, and define the occupation of Council owned land under lease agreements and the rents payable for same.

Updated acquisition and lease plans

Recently RMS has registered acquisition plans (refer to attachment 3) creating, in the case of partial acquisitions new Lot and DP numbers. For clarity, below is a comparative table of previous and current land parcels, the area to be acquired and its respective compensation value:

Land acquired

(Updated legal description)

Area to be acquired

Value of area acquired

Description

Lot 1 DP 1127316

(unchanged)

413.4m2

(whole)

$56,500

Scenic Drive - Moorhouse Park – occupied partially by a children’s playground

Screen Clipping

Lot 29 DP 1254213

214.2m2

(Part)

Bolong Road, Bomaderry (cnr Princes Hwy) – part of Sewer Pump Station No 5

Part lot 1 DP 397062

Screen Clipping

Lot 25 DP 1254213

22.86m2

(Part)

Princes Highway, Bomaderry – part of Sewer Pump Station No 6

Part Lot 1 DP569158

Screen Clipping

Lot 35 DP1254213

870.4m2

(Part)

Illaroo Road, North Nowra (cnr Fairway Drive)

Part Lot 1 DP438034

Screen Clipping

Lot 20 DP1254210

1,214m2

(Part)

$425,000

Graham Street, Nowra – Part of the Council administration building site adjacent the Highway

Part Lot 51 DP209295

Screen Clipping

Lot 21 DP1254210

293m2

(Part)

$75,000

Graham Street, Nowra – Part of Harry Sawkins Park adjacent the Highway

Part Lot 52 DP209295

Screen Clipping

Lot 22 DP1254210

451m2

(Part)

East Street, Nowra – between the pond in Harry Sawkins Park and the Highway

Part Lot 5 DP208897

Screen Clipping

Lot 23 DP1254210

508m2

(Part)

McGrath Avenue, Nowra – land between the pond in Harry Sawkins Park and the Highway, just north of the skate park

Part Lot 2 DP802068

Screen Clipping

Lot 5 DP262460

2,571m2

(whole)

$425,000

Bridge Road, Nowra – cnr of the Highway – known as Moorhouse Park and home to the Captain Cook Bicentennial Memorial and Shoalhaven Flood Boat

Screen Clipping

Lot 6 DP813461 &

Lots 3, 17,18 & 19 DP 1254210

2,856.7m2

(Various)

$1,200,000

Bridge Road, Nowra – Former Hotel site currently used as Nowra entry garden and overflow staff car parking

Lots 6 & 5 DP813461

Part Lot 1 DP194884

Part Lot 5 DP 1112482

Screen Clipping

Lots 25, 26, 30 & 31 DP 1254210

9,556m2

$437,000

Moss Street & Lyrebird Drive, Nowra – Parts of Gateway Park

Part Lot 100 DP1071707

Part Lot 3 DP625514

Part Lot 8 DP809132

Screen Clipping

LEASED PROPERTIES

Lot 11 DP1254213

81.65m2

$52,200 plus GST per annum

Screen Clipping

Part Lot 1 DP 569158

Princes Highway, Bomaderry – residual of Sewer Pump Station No 6 – adjacent to Bomaderry Creek

Lots 4 & 5 DP 1254210

Lot A & B DP 158942

3,381m2

Screen Clipping

Lot A & B DP 158942

Part Lot 5 DP 1112482

Part Lot 1 DP 194884

28, 30 & 30A Bridge Road, Nowra – residual former Hotel site north of the Shoalhaven Entertainment Centre

Industrial Land Development Reserve Replenishment

Council at its 26 February 2019 Ordinary meeting resolved to acquire 39-43 Bridge Road, Nowra which in part (MIN19.92c) stated:

3. Fund all associated costs with the acquisition from the Industrial Land Development Reserve with the Reserve to be replenished when Council is compensated by RMS for land acquired for the Nowra Bridge project.

It is now proposed to replenish the Industrial Land Development Reserve from the proceeds.

Public Toilets at Rotary Park

RMS was advised that the public toilet needs to be removed or relocated near its current location. RMS advised that if the toilet needs to be relocated; it prefers Council completes the works and RMS reimburse Council’s costs due to Council having the expertise in building public toilets to Council’s specifications

RMS has placed a value of $120,000 on the existing toilet block.

Captain Cook Memorial and Shoalhaven Flood Boat

RMS advised that the Captain Cook Memorial is directly impacted and needs to be demolished. RMS has assessed the feasibility of being able to relocate the structure (refer to attachment 4) and determined that the structure is unable to be relocated.

RMS will place an interpretive heritage display near the existing Memorial with the final design to be developed in consultation with the Shoalhaven Historical Society and Council. These discussions have already commenced.

Based on compensation being determined at $425,000, RMS state that no additional allowance has been made for the Captain Cook Memorial located in Moorhouse Park as the land has been assessed on a highest and best use value, as land with development potential.

Given the inability structurally to relocate the memorial, the Shoalhaven flood boat will need to be housed elsewhere. As no value was placed on the memorial, Council staff have proposed allocating the compensation for the land upon which the memorial and flood boat where situated towards a new structure. The location and design of same to be in consultation with the Shoalhaven Historical Society.

Public Playground at Moorhouse Park

Relocation of the play equipment is not desirable and would need to be replaced with new equipment to meet current standards. Notwithstanding, RMS has agreed to compensate Council for the existing equipment.

RMS has placed a value of $48,000 on the existing playground equipment.

Rotary Park Sign/Structure/Monument

The Rotary Park sign will be impacted by the Illaroo Rd realignment; and it has been agreed in consultation with RMS, Council and Rotary, that the monument will be relocated to a suitable location.

Pedestrian Restraint Fencing at Rotary Park

At RMS cost, any fencing will be replaced with standard RMS pedestrian fencing.

Nowra Sign and Landscaping at Bridge Road

RMS advised that there would be a period where the Nowra Sign would be removed for construction. The new Shoalhaven Bridge is a Design and Construct project. At this point in time detailed plans are not available as the project is currently within RMS’s tender process. Landscaping plans will be developed in conjunction with the detailed design of the bridge project. At that time, Council will have an opportunity to comment and provide feedback on the final landscape and urban design plans.

RMS has agreed to meet the costs in relation to the Nowra Entrance signage and landscaping. The replacement sign and landscaping will be undertaken by Council in consultation with RMS.

Council obtained a cost estimate from WT Partnership (refer to Attachment 5) to replace the existing landscape on the Southern side of the Shoalhaven Bridge. RMS have indicated that the quote is excessive. RMS has advised that a copy of the scope of works be provided to RMS for concurrence prior to obtaining three (3) quotes for the works to RMS’s satisfaction.

Ancillary Sites and alternative parking locations

Council land north of Shoalhaven Entertainment Centre

The areas to be acquired and/or leased by RMS are outlined above and identified in the acquisition plans (refer to Attachment 3).

RMS has based the offer to acquire and /or lease the subject land on the highest and best use as a redevelopment site zoned B4 Mixed Use. The highest and best use overrides the current use as an unofficial carpark. No value is assigned to temporary car parking.

RMS’s position is that it could be considered, the rental to be paid could be used to establish additional car parking.

Other Council land and private blocks south of Aquatic Park

RMS investigation determined flood immunity as problematic and withdrew its interest in this area.

Gasworks block

RMS noted this site, determining it will not be a primary source of parking.

Grey’s Beach

Council had advised that this area is under a lot of stress during holiday periods and requested that RMS Design and Construct contractor provide a management plan for this precinct for Council approval.

RMS has removed its interest in this area.

Gateway Park

Discussion around proposed new local road and impact on current designs undertaken. No actions arising.

Sound Attenuation

RMS confirm that during its Review of Environmental Factors, there are no sound attenuation measures required in relation to Council’s administrative building.

Financial Implications

Council should note, the $2,814,000 of compensation from RMS is for the land acquisitions and disturbance. In addition to this compensation will be the annual lease rental fee of $52,500, replacement of the Nowra Sign and landscaping at the agreed value, and reimbursement of legal and valuation fees.

Strategy and Assets Committee – Tuesday 23 July 2019

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SA19.102 Update on Proposed Classification & Categorisation of Crown Land as a consequence of the Crown Land Management Act 2016

HPERM Ref: D19/172097

Group: Assets & Works Group

Section: Technical Services

Attachments: 1. Minister's response to Council Operational classification request - 30 Reserves ⇩

2. Crown Land Manager Initial Categorisation 107 reserves (under separate cover) ⇨

Purpose / Summary

Provide Council with the opportunity to consider a report outlining the progress to date on submissions to the Minister administering the Crown Lands Management Act 2016 on the classification and categorisation of Crown land under Council management and the next steps in achieving approved Plans of Management over same.

Recommendation

That Council receive the report on progress to date regarding the classification and categorisation of Crown land under Council management and note that further reports will be provided in due course.

Options

1. Accept the recommendation

Implications: Council will receive an update on submissions to the Minister administering the Crown Land Management Act 2016 and what next steps are being undertaken to achieve approved Plans of Management for Crown land under Council management.

2. Not accept the recommendation

Implications: Council will not receive an update.

Background

In September 2018 a report was submitted to Council outlining the processes Council needs to follow and issues associated with the implementation of the Crown Land Management Act 2016 (CLM Act) that commenced on 1 July 2018. In summary that report highlighted:

The CLM Act authorises Council to manage certain Crown Land as if it were public land under the Local Government Act 1993. Under the legislation, Council is required to classify the Crown Land either Community Land or Operational Land (subject to Ministerial approval), like the Council owned land managed under the Local Government Act 1993. Council is further required to provide an initial categorisation for the Community Land. Council is also required to prepare Plans of Management for the Crown Land which will occur over the coming years.

Based on the above Council’s Strategy & Assets Committee, under delegation resolved at its meeting on 18 September 2018 (MIN18.715):

“That the General Manager be authorised to make submissions to the Minister responsible for the administration of the Crown Lands Management Act 2016 in relation to:

a) The classification of specific Crown reserves as operational land;

b) The categorisation of specific Crown reserves which have been classified as community land; and

c) Proposed changes of reserve purpose(s).”

The Process for the Classification of Crown Land

In a limited number of circumstances, it is possible for Council to request from the Minister permission for Crown Land to be managed as if it were Operational Land under the LG Act. Where the Minister gives written consent to classify land as if it were Operational Land, Council has almost all the functions it has under the LG Act in relation to Operational Land. However, Council cannot sell the land without further Ministerial consent, nor do anything that contravenes:

· Any condition of the Council’s appointment instrument as a Crown Land Manager;

· The Crown Land Management Regulation 2018;

· Any applicable Crown Land Management rule, or

· Any applicable Plan of Management adopted under Division 3.6 of the CLM Act.

The NSW Department of Industry – Crown Lands will only issue Ministerial consent to manage land as Operational where a Council manager can demonstrate that the land either:

· Does not fall within any of the categories for Community Land under the LG Act, or

· Could not continue to be used and dealt with as it currently can, if it were required to be used and dealt with as Community Land.

The Department has provided advice that the following uses or developments may not fall within the categories of Community Land and may be approved as Operational Land:

· Caravan Parks;

· Coastal infrastructure;

· Emergency services;

· Quarries and gravel pits;

· Reservoirs;

· Sanitary purposes;

· Sewage works;

· Urban services; or

· Water infrastructure.

Unless and until written Ministerial consent is given, Council must continue to manage the land as Community Land and adhere to the applicable requirements of the CLM Act. Written consent under the CLM Act provides authorisation for Council to manage land as Operational from that point forward.

The flow chart below demonstrates the process by which Crown land can be classified, that is classified as either “operational’ or “community” land in accordance with the CLM Act.

CLM Act Classification Process Diagram

Based on the above noted process, Council initially submitted to the Minister per the table below thirty (30) requests for classification of all or part thereof of Crown reserves as operational land. The table also shows the result of that request.

Suburb	Reserve Name	Lots	Reserve Number	Purpose	Use	Minister’s consent
Kangaroo Valley	KV Rubbish Depot Reserve	79/751262	R86837	Rubbish Depot	Rubbish Depot	Granted
	KV Works Depot	239/751255	R89435	Local Government Purposes	Works Depot	Granted
	Kangaroo Valley Tourist Park Reserve	245/821462	R56860	Public Recreation	Tourist Park	Deferred
Culburra Beach	Crookhaven Park Reserve	99/821450	R580073	Public Recreation	Tourist Park	Deferred
Culburra Beach	East Crescent Reserve	Part 7013/1126800	R580094	Public Recreation	Surf Club	Not granted
Lake Conjola	Lake Conjola Tourist Park	Part 486/861543	R62146	Public Recreation	Tourist Park	Deferred
	Lake Conjola Waste Depot	2/777956	R87849	Rubbish Depot	Rubbish Depot	Council not Crown Land Manager
	Lake Conjola Bush Fire Station	7027/1032113	R89096	Bush Fire Brigade	Rural Fire Service	Granted
Worrigee	Shoalhaven Memorial Gardens & Lawn Cemetery	121 & 122/46948	R97869	Cemetery	Crematoria & Cemetery	Not granted
Ulladulla	Ulladulla Pre-School	312/755967	R89226	Kindergarten	Kindergarten/pre-school	Not granted
	Ulladulla Headland Tourist Park	366/821493	R180007	Camping	Tourist Park	Deferred
	Ulladulla Cemetery (old)	7012/1031353	R97733	Graves	Cemetery	Not granted
Shoalhaven Heads	Shoalhaven Heads Tourist Park	80/821472	R52855	Public Recreation	Tourist Park	Deferred
Nowra	Nowra Museum Reserve	1/1123776	R97921	Museum	Museum	Not granted
Lake Tabourie	Lake Tabourie Tourist Park	164 & 165/729188 & 2/1134134	R25398	Public Recreation	Tourist Park	Deferred
Currarong	Currarong Foreshore & Tourist Park Reserve	116/821492 & 7318/1160922	Pt R1003034	Public Recreation & Coastal Environmental Protection	Tourist Park	Deferred
Currarong	Currarong Bush Fire Station	114/44317	R96145	Local Government Purposes	Rural Fire Services	Granted
Huskisson	Huskisson Beach & White Sands Tourist Parks Reserve	Various	R76522	Public Recreation	Tourist Park	Deferred
Falls Creek	Falls Creek Bush Fire Station	175/46895	R97219	Bush Fire Brigade	Rural Fire Service	Granted
Depot Beach	Depot Beach Fire Station	134/45823	R96910	Bush Fire Brigade	Rural Fire Services	Granted
Cunjurong Point	Cunjurong Point Bush Fire Station	7028/1031109	R89231	Bush Fire Brigade	Rural Fire Services	Granted
Crookhaven Heads	Crookhaven Heads Pilot Station Reserve	Part 34/755971	R180073	Community Purposes	Marine Rescue and Plant Nursery	Not granted
Burrill Lake	Burrill Lake Reserve	365/728040	R56477	Public Recreation	Tourist Park	Deferred
Berry	Harley Hill Road Cemetery	1/723973	R1003013	Cemetery	Cemetery	Not granted
Bendalong	Bendalong Point, North Bendalong & Inyadda Beach Reserve	Various	R61640	Public Recreation	Tourist Park	Deferred
Bendalong	Bendalong Waste Depot	471/41583	R94085	Rubbish Depot	Rubbish Depot	Granted
Bellawongarah	Beaumont Bush Fire Station	1/115445	R96710	Bush Fire Brigade	Rural Fire Services	Granted
Bawley Point	Bawley Point Rural Fire Station	706/1020715 & 1/1139129	R96887	Bush Fire Brigade	Rural Fire Services	Granted
Basin View	Basin View Bush Fire Station	207/729159	R180053	Community Purposes	Rural Fire Services	Granted
Yalwal	Danjera Dam	Various	R91161	Water Supply	Dam	Granted

Note: Where the above decision was deferred, it is pending a Crown Lands Departmental Policy position on the future management of all caravan and tourist parks across NSW.

Refer to Attachment 1 for correspondence relating to the above Minister’s consent.

After the above notification, Council has submitted a request for Operational classification on a further seven (7) Reserves (in part or full), per the following:

Suburb	Reserve Name	Lots	Reserve Number	Purpose	Use
Wandandian	Wandandian Recreation Area	5/1107700	R89890	Resting Place	Community centre, tennis court and Bush Fire Brigade
Kioloa	Kioloa/Bawley Point Community Centre, BFS	7005/1020466	R180011	Community Purposes	Community centre and Bush Fire Brigade
Cudmirrah		41/755927 & 7004/1125731	R97001	Bush Fire Brigade Purposes, Community purposes and public recreation	Community centre, tennis court and Bush Fire Brigade
Nowra	Albatross Racing Complex	460/1062117	R88840	Public Recreation & Racecourse	Turf, greyhound & Harness racing, speedway
Shoalhaven Heads		7008/1002212 & 77/44344 & 78/46935	R180061	Community purposes & Public Recreation	Community centre, tennis courts and Bush Fire Brigade
Worrigee		102/755953 & 7001/1024303	R70330	Rubbish Depot	Vacant Land
Ulladulla		37/755967	R85367	Rubbish Depot	Rubbish Depot

Initial Categorisation of Crown Land

For all Crown land not mentioned above, or still subject to a determination, where Council is the Council Crown land Manager, the default position for its classification is “Community Land”.

Under the CLM Act, all Crown Reserves that are classified as “Community Land” require an “initial categorisation” that relates to the Crown Land reserve purpose. In determining the category that applies to the reserve, Council must refer to LG Act provisions and consider how these would preserve and facilitate use of the land for the purpose for which it was originally dedicated or reserved. Additional Reserve purposes or secondary interests granted are to be ignored.

The LG Act Community Land categories are Park, Sportsground, General Community Use, Area of Cultural Significance and Natural Area. Natural Area includes sub-categories of Bushland, Wetland, Escarpment, Watercourse and Foreshore.

Council has applied for initial categorisation of 107 Crown Reserves. Refer to Attachment 2 for Council’s application for initial categorisation.

Initial community land categorisation process diagram

The Minister may direct Councils to assign an alternate Community Land categorisation than the one that Council initially proposes. The Department has provided general advice to Councils regarding the most appropriate Community Land category for each purpose that Crown land may be dedicated or reserved. The Table below shows the Departmental guidance for the categorisation of Crown land reserve types typically found in the Shoalhaven.

Reserve Purpose	Recommended Initial Community Land Category
Public Recreation	Park
Access	General Community Use
Community Purpose	General Community Use
Bush Fire Brigade	General Community Use
Study/preservation of Native Flora	Natural Area (Bushland)
Cemetery	General Community Use
Public Recreation & Showground	Park & General Community Use
Local Government Purposes	General Community Use
Wharf Facility	General Community Use
Museum	General Community Use
Public Recreation & War Memorial	Park & Area of Cultural Significance
Parking	General Community Use
Camping	General Community Use
Public Recreation & Racecourse	Park & General Community Use
Environmental Protection	Natural Area

Council is only able to apply one category to each reserve and it must align directly with the reserve’s gazetted purpose. If a reserve has more than one purpose an additional category can be applied. Unfortunately, the historic reserves purpose does not always neatly reflect the activities that currently occur in a reserve. A large reserve may have several uses / activities, both passive and active. A reserve may also contain a community building. To assist in understanding how to apply an initial community land category to a Crown reserve the following hypothetical example is provided:

Council manages a Crown reserve that has the reserve purpose of “Public Recreation”. On this reserve 70 per cent of its land used is open space improved by some playground equipment, cycleway, tables and bench seating (a typical council park) and 30 per cent of the reserve is currently leased out to a football club for the use of the football field.

In this case the reserve has two Community Land categories of park and sportsground. Council would notify the Minister that an initial category of “park” applies to the entire reserve. The initial category for the reserve is consistent with the Departmental advice that reserves with the purpose of “Public Recreation” are best aligned with the Community Land category of “Park” in most instances.

Later when a Plan of Management (PoM) is developed for the land, the area that is leased to the football club would be categorised as “Sportsground” to enable Council to enter a new lease for the use of the football field when the existing lease expires. The area that is used as a park would be categorised as “Park” under the Plan of Management. Under the CLM Act, adopting a Plan of Management is the mechanism that can introduce multiple Community Land categories for a Crown Land reserve.

Crown Land Plan of Management (PoM) Process Diagram

Community Engagement

There is no requirement for Council to undertake community engagement as part of the initial classification or categorisation process. However, as indicated in the process diagram above any subsequent additional categories or additional reserve purposes sought through the PoM process triggers an exhibition or public hearing process as dictated by the LG Act.

At the time of writing this report it is estimated there will be 74 Reserves triggering through the PoM process “public exhibition” because the initial categorisation will be adopted under the PoM with 29 Reserves requiring a “public hearing” given the PoM will change or add categories to the initial and/or trigger additional Reserve purpose/s.

The above figures may change, depending on the result of Council’s submission.

Policy Implications

There are no Policy implications.

Financial Implications

The financial implications of this process are yet to be fully understood. However, to date the costs have been absorbed by respective areas that are managing the process, namely Property and Community & Recreation.

Risk Implications

At this point the risk are relatively low. This is due to Council having to seek approval for any classification, categorisation requests and the adoption of any PoM.

The risk comes from Council using a Reserve in a fashion that would cause “material harm” in its use, contrary to the existing Reserve purpose.

Strategy and Assets Committee – Tuesday 23 July 2019

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SA19.103 Options - Grant Funding Proposal - Currarong Road

HPERM Ref: D19/167542

Group: Assets & Works Group

Section: Technical Services

Purpose / Summary

To report on options for a grant funding nomination on Currarong Road for safety improvements including wider shoulders and widened centreline treatment from CH 7.5km to 11.7km.

Recommendation (Item to be determined under delegated authority)

That:

1. Council note the new grant application proposal currently being prepared for a 4.2km section of Currarong Rd 7.5 to 11.7km (generally to the west of Lighthouse Road intersection) and that any grant offer will be reported to Council for consideration.

2. The CEO (Director Assets and Works) prepare a future report regarding the establishment and operation of a Roads and Bridges Grants Contribution Reserve for the purpose of matching large grant funding opportunities to upgrade Council’s roads and bridge assets.

Options

1. That Council receive this report for information regarding the Currarong Road grant application and Council consider a future report on the grant funding application outcome.

Implications: Council maximises its ability to gain funding for important safety treatments along Currarong Road.

2. That Council not support the proposed grant funding nomination to provide wider sealed shoulders and widened centreline treatment on Currarong Road.

Implications: Important safety treatments along Currarong Road will not be provided in the short term.

3. The CEO (Director Assets and Works) prepare a future report regarding the establishment and operation of a Roads and Bridges Grants Contribution Reserve for the purpose of matching grant funding opportunities for upgrading Council’s roads and bridge assets.

Implications: This gives Council the opportunity to better plan for future improvements to its road and bridge assets by maximising grant funding opportunities and minimising large fluctuations in the Capital budget.

4. That Council not establish a Roads and Bridges Grants Contribution Reserve for the purpose of matching grant funding opportunities for upgrading Council’s roads and bridge assets.

Implications: Council will continue to seek grant funding that may not be 100% funded and may put future programmed works at risk as projects become reprioritised to react to these grant funding opportunities.

Background

Council previously applied for funding under the Federal Government Blackspot Program to investigate providing wider sealed shoulders on Currarong Rd for a 3.8km section from CH7.7 to 11.5km (from Lighthouse Road intersection). The application was for survey and design funding only to try and better understand the scope of works and thus the cost of the project.

When Council applied for the survey/design funding, Council was required to provide a very preliminary estimate of cost of the works in order for the survey/design funding grant to be considered.

A ballpark estimate of $1.63M was provided at the time and Council was advised by RMS that the estimate would not be considered final. The advice received was that following survey/design (project development) Council would be able to apply for construction funding when the detailed scope and updated cost estimates were known.

RMS later advised Council that the construction estimates Council originally included for the Currarong Road project were still in their system and were still being considered for construction funding, although through the NSW Safer Roads program. At that time Council staff expressed concerns that the estimates previously provided were only ballpark in nature, and that the project was still subject to detailed development/investigation.

Following sufficient design investigations and updated cost estimation, it was identified that the project was going to cost significantly more than the original $1.63M preliminary estimate. In January 2018, prior to the NSW Government awarding any grant funding amount, two conceptual options were submitted to the RMS for consideration for possible funding. This included a $2.2M option (0.5m shoulders) and a $3.5M option (1m shoulders) through the length of the project; both options also included very significant travel lane widening.

Neither of these options were approved by RMS as they didn’t meet the minimum BCR requirements at the time. RMS resolved to pay Council for the survey/design development costs to date, but not approve any construction funding due to the higher costs of construction. N.B. detailed design and investigations were deferred following this RMS advice and a final design was never completed.

In responding to Council, RMS further asked Council to resubmit the project in future if/when program criteria could be met for these higher funding amounts.

There is now an opportunity to submit for grant funding for shoulder widening and widened centreline treatment construction works under the 2020/21 “Australian Government Black Spot Program & NSW Government Safer Roads Program”, and that is what is currently being considered.

A cost estimate of the works has been carried out from CH7.5 – 11.7km and it is anticipated the project could cost in the order of $4.85M which includes 0.75m shoulders and a contingency for fluctuations in material prices and final quantities determined from detailed design, noting the terrain and poor subgrades typically found in the area will also have the potential to increase construction costs in the future.

It is anticipated the grant funding application will seek funds to finalise the design that commenced in the previous grant funding, seek to start construction in the latter part of 2020/21, and carry out the majority of the construction and finalise in 2021/22.

Because of the community interest in the project, staff are currently preparing the required information to allow submission of the application to the Government to try and secure funding for the Currarong Road safety improvements.

A benefit cost ratio of 2.0 is required for a complying grant funding nomination. Applying for $4.6M for this project would return a benefit cost ratio of greater than 2.0 under the State Blackspot Program criteria but would not meet the crashes per kilometre criteria for a Federal Blackspot Program. As Council can only apply to a central portal and does not have the ability to nominate a specific program, if the RMS and grants panel elect to award funding under a different program Council may have to fund a potential $1.5M shortfall (based on Federal Blackspot Program criteria), if it wishes to proceed to nominate the project.

For Councillors’ information; there are two primary funding programs in this safer roads space:

1. Federal Blackspot Program.

2. NSW Safer Roads Program (which is made up of a number of sub programs including the NSW Blackspot Program).

These programs are accessed through one application portal.

There are other project applications being made through this portal that staff believe meet the technical criteria for funding, and if an offer is made to Council by the grants approval panel that offer will be reported to Council for consideration.

Community Engagement

There has been ongoing community interest in the grant funding process, and the Currarong Community Association (CCB) have expressed strong views to ensure Council is doing all it can to secure funding to improve the safety and condition of Currarong Rd.

The community is concerned that in 2018 Council was reported to have given back $1.63M of grant funding from the Government for this project. It is important to understand that Council was never awarded this money. Whilst a $1.63M project would have been successful at the time, Council had advised RMS that to achieve the benefit the funding sought to achieve the project would cost a lot more than $1.63million; as a result the $1.63million was allocated elsewhere by the RMS.

In responding to Council, RMS further asked Council to resubmit the project in future if/when program criteria could be met for these higher funding amounts.

Financial Implications

Should Council be successful at gaining the full $4.6M grant funding applied for, there is a relatively small amount of additional funding that Council may have to contribute to the works (approx. $250,000) and can be considered in a future report.

However, if a lesser amount is granted to Council, there is a potential $1.5M funding shortfall that Council would have to cover, and this has not been identified in Council’s capital works budget. There are other Currarong Road projects in the long-term financial plan which could form part of a funding strategy via the proposed Strategic Reserve; i.e.:

Local Road Repair Program ($1,607,552) including;

· $616,320 this year (19/20)

· $88,400 in the 20/21 financial year

· $512,592 in the 22/23 financial year

· $390,240 in the 26/27 financial year

Roads to Recovery Program ($2,591,275) including;

· $877,800 in the 21/22 financial year

· $1,713,475 in the 23/24 financial year

The movement of projects out of the 2021-22 financial year to fund such a large shortfall may also have an effect on productivity, advertised funding priorities and underutilisation of Council’s construction crews.

Council has allocated $616,320 to carry out rehabilitation works on Currarong Road this financial year (2019/20). This work relates areas generally to the west of Lighthouse Road but outside the proposed extent of works identified in this proposed grant funding application.

Strategy and Assets Committee – Tuesday 23 July 2019

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SA19.108 Solar Garden Update

HPERM Ref: D19/193544

Group: Assets & Works Group

Section: Technical Services

Attachments: 1. Suitability of Nowra Hill Site ⇩

2. Repower Progress with the Regional Community Energy Fund Grant Application ⇩

3. Status of the Repower Solar Farm Project ⇩

Purpose / Summary

The purpose of this report is to:

1 Provide the following updates to Council:

o North Nowra Tip Site- Progress with Native Title issues.

o Animal Shelter Site at Nowra Hill - Suitability of the site.

o The progress of Repower Shoalhaven’s funding application for a share in the NSW Government’s $30M Regional Community Energy Fund to construct the Solar Garden.

2 Clarify and seek Council’s support in the way Repower Shoalhaven proposes to fund and operate the Solar Garden.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Receive the update report on the status of the Solar Garden Project

2. Endorse the Repower Shoalhaven funding model, whilst removing any further in-kind contributions made by Council.

3. Delegates authority to the CEO to negoitate the following with Repower Shoalhaven in relation ot the Animal Shelter site:

· A lease for use of the land;

· A behind the meter energy cost (per KWh) to power the Animal shelter.

4. Note that any income from rent and ground maintenance related savings is to be directed into the newly established Council Revolving Energy Fund (MIN19.419), for investment in energy efficient projects by Council.

Options

1. Council endorse the Repower Shoalhaven funding model for the construction and operation of the Social Access Solar Garden, after consideration that any positive impact on the “locked out” segment of the community may potentially occur over the longer term once this Repower Shoalhaven project is debt free.

Implications: The construction of the solar garden / farm is not viable without the backing of a commercial business (and return on investment to its shareholders).

2. Council endorse the Repower Shoalhaven funding model, whilst removing any further in-kind contributions made by Council. That Council delegates authority to the CEO to negoitate the following with Repower Shoalhaven:

· A lease for use of the land;

· A behind the meter energy cost (per KWh) to power the Animal shelter.

Any income from rent and ground maintenance related savings to be directed into the newly established council Revolving Energy Fund (MIN19.419), for investment in energy efficient projects by Council.

Implications: The construction of the solar garden / farm would become less viable due to increase in fixed costs. The time taken for Repower to repay the debt and have the ability to re-invest in new solar installations in the community would be increased (Recommended Option).

3. Council terminate the relationship with Repower Shoalhaven. The Construction of a Solar Farm on Council owned land to be advertised where all interested parties able to apply.

Implications: The construction of the solar garden / farm may not be viable with a social access component included. Repower are relying Grant funding which is potentailly available now and may not be available in the future. The project is less viable without Grant Funding.

Background

North North Nowra Tip Site- Progress with Native Title issues.

23/08/18- MIN18.5290 - Carried

“That Council advise Repower Shoalhaven (as fellow partner of the Social Access Solar Garden Scheme) that Council supports the location of a Solar Access Farm on the Old Tip Site at North Nowra (Crown Land) and will work with Repower Shoalhaven to gain necessary appprovals to use the site for this purpose as the preferred use for this site”.

17/1/19- MIN18.1028 - Carried

“That with respect to the proposed Solar Garden Project Council continue to :

1. Take the lead in resolving land issues relating to the Old North Nowra Tip site; and

2. Work with Repower Shoalhaven in an in-kind capacity to get this project to “shovel ready” status.

There has been no progress with Crown Lands regarding the Native Title issue. Council is still waiting for an official response to our request to the extinguish Native Title. This matter was referred to the Premiers Department on 20 May 2019, and at the time of writing this report no repsonse had been received.

Animal Shelter Site at Nowra Hill - Suitability of the site (D19/195871),

9/5/19- MIN19.223 - Carried

“That Council

1. Note Repower Shoalhaven’s advice that it is intending to submit a funding application inder the NSW Government’s $30M Regional Communities Fund to deliver a Solar Garden in the Shoalhaven”

2. Advise Repower that the Council supports the installation of a Solar Garden on either the old Tip site at North Nowra or the Northern section of the Animal Shelter Site at Nowra Hill and will make these sites available to Repower for use, subject to the necessary approvals being obtained.”

With assistance from Council, Repower Shoalhaven have concluded that the site has approximately 4Ha of usable area suitable for the solar farm. Endeavour Energy have indicated a connection to the existing 11kV circuit (located in close proximity to the site) would be considered. Repower are currently assessing how to optimise the earthworks and the power generating capacity of the site. The aim is to generate 4MW(DC). The project cost is estimated at just short of $5million.

A preliminary discussion with Shoalhaven City Council has identified primary issues for inclusion in any Development Consent.

The progress of Repower Shoalhaven’s funding application for a share in the NSW Government’s $30M Regional Community Energy Fund (RCEF) to construct the Solar Garden (D19/195864)

In January 2019 the NSW Government announced a $30million Regional Community Energy Fund (RCEF). The fund would provide $20million in grants of up to $3.5million or 50% of the capital cost of a community scheme.

The timing of the Nowra Hill site being identified as an alternate to the North Nowra site in April and demanding requirements of the RCEF grant application left insufficient time to satisfy the first round application closing date of 3 May. Repower are determined to apply for a grant in the second round of RCEF funding which closes on 27 Sept.

A detailed project plan has been developed to guide the team to meet the revised time frame. Ongoing industry consultation, engagement and support are being undertaken to ensure the detailed requirements of the application will be met.

The grant application requires a clear demonstration of how financial closure will be achieved. Repower plan to follow their proven approach previously adopted for the raising of close to $1million for the existing schemes they have developed. It is probable that short term debt finance will be required for the construction phase with investors and longer-term debt finance available following commissioning and proof of production. Repower are working on this approach.

To Clarify and seek Councils support in the Repower Shoalhaven proposal to fund and operate the Solar Garden (D19/195864)

The “social access” component to the project - Original intent

Council orginally carried the motion to provide Repower Shoalhaven with support to gain access to the North North Nowra Tip site for use as a “Social Access Solar Garden”. The “Social Access” Solar Garden was described in this report (D18/180646, SF18.21- Sustainable Future Committee, 7 June 2018) as:

· “A Community Solar Garden works by installing a central solar array, generally near a populated centre. Energy customers can purchase or lease panels in the solar array. The electricity generated is then credited on the customer’s electricity bill. The solar garden allows any customer to participate in the benefit of solar with similar outcomes to having solar installed on their own roof.”

· “Social Access Solar Gardens are a type of solar garden that specifically seek to enable “locked out” and the most vulnerable and low-income energy users to particpate in solar” (Attachment 1of report SF18.21).

This indicated that there would be an immediate positive impact to the “locked out” and “socially disadvantaged” sectors of the community with the implementation of a Social Access Solar Garden.

How the “social access” intent has changed (D19/195864)

At the conclusion of the pilot study in late 2018, Repower Shoalhaven had determined that the resources required to establish a scheme to embrace up to 2500 residential / commercial properties in a power costs billing offsetting social access service was beyond its limited capacity. Consequently, the project strategy developed concentrated on servicing the industrial and business sector to realise a positive cash flow and debt free position as soon as possible, estimated at 8 to 10 years.

Once the scheme generates surplus cash flow, Repower has resolved that the surplus shall be used to fund the installation of behind the meter solar on the social needs premises. Also, with the increased operational capacity, Repower will seek to replicate the scheme locally and expand the social access.

To this end Repower Shoalhaven has undertaken research to identify potential partners for the design and construction. The successful operation of the facility requires Repower Shoalhaven to establish arrangements for the purchase and retailing of the energy produced.

Whilst Repower is founded on a not for profit principle the delivery and operation of the scheme requires engagement with commercial operators. Repower’s industry engagement has resulted in the identification of a national innovative retailer willing to;

1. Purchase all the energy generated;

2. Participate in joint marketing of the energy to the local business and commercial sector;

3. Take an equity position, up to 50%, in the project and, if required;

4. Assist with engineering and procurement.

The participation of a retailer substantially enhances the prospect of the solar farm being built. The long term commitment to purchase all the power generated effectively underwrites the scheme for investors and debt providers. Repower believe the participation will also enhance the prospect of securing some RCEF grant support. Any grant money received shall contribute to the community equity in the project thereby advancing the timing to realise social benefits as soon as possible.

Although it may take 10 years for social access benefits to materialsie within the community, Repower Shoalhaven is committed to:

· The not for profit principle.

· Ensuring any surplus generated from the community participation is used to enable social benefit to those currently locked out of participation in renewable energy generation.

· Community equity investors will receive a nominal return, commensurate with bank debt interest rates, until the capital investment is recovered.

Note - Repower has not yet committed to the retailer. Repower are are seeking support from the Council to progress down this line of discussion.

Strategy and Assets Committee – Tuesday 23 July 2019

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SA19.110 Request - Emergency Helicopter Utilisation - Nowra Showgrounds

HPERM Ref: D19/209106

Group: Planning Environment & Development Group

Section: Strategic Planning

Attachments: 1. Shoalhaven Hospital - Existing Helicopter Landing Site ⇩

2. Request - Emergency Medical Helicopter Utilisation - Nowra Showgrounds ⇩

Purpose / Summary

Present a request, given community interest in this issue, that has been received from the Illawarra-Shoalhaven Local Health District (ISLHD) for emergency helicopters to utilise Nowra Showgrounds in certain conditions during construction works at Shoalhaven Hospital.

Recommendation (Item to be determined under delegated authority)

That Council agree to the request received from the Illawarra-Shoalhaven Local Health District (ISHLD) to use the Nowra Showground precinct for emergency medical helicopter patient transfer on limited occasions when the existing Helicopter Landing Site (HLS) at Shoalhaven Hospital cannot be used, subject to:

1. The use only being for the period associated with the redevelopment of the hospital;

2. The current hospital HLS continuing to be used as the primary HLS for the hospital and any use of the Showground being infrequent and only on limited occasions when the current HLS is not able to be used; and

3. ISHLD working with Council staff to refine and finalise the draft Operating Procedure for possible emergency helicopter operations at the Showground and ensuring that relevant procedures are in place (communications plan, indemnification etc) prior to any use.

Options

1. Agree to the proposed request, noting that the proposed use will be infrequent and for a period associated with the hospital redevelopment (i.e. not ongoing).

Implications: There may be some community/resident concern in this regard; however, it is appropriate for Council to consider assisting in this regard given the essential nature of the service and the need for an alternate location close to the hospital. Council staff will work with ISLHD to ensure that relevant matters are considered and addressed moving forward should the request be agreed to.

2. Not agree to the proposed request to use Nowra Showground.

Implications: ISLHD have identified two possible alternate landing sites. If Nowra Showground is not available, the alternate they have identified is HMAS Albatross. This location is distant from the hospital and may also not always be available. There would be broader community concerns if emergency helicopters are not able to land near the hospital and reasonable endeavours are not made to assist in this regard.

3. Work with ISHLD to identify possible alternate locations

Implications: At this point ISLHD have not identified other possible locations, other than the two identified ones. There are other public reserves/sports fields in the Nowra area (e.g. West Street Oval) that could possibly be considered. However, they are more distant from the hospital and are likely to have the same range of issues associated with the Showground.

Background

Shoalhaven Hospital currently has an existing on grade Helicopter Landing Site (HLS) located in the north-western component of Nowra Park, between the Shoalhaven Pre-school and the hospital car park site – see Attachment 1.

Nowra Park is a Crown Reserve for which Council is Trust Manager. Council issued a development consent for the existing HLS in June 1994 and the site subsequently commenced operation. Prior to this helicopter services to the hospital used the Nowra Showgrounds. The move to Nowra Park was associated with proximity to the hospital and concerns with conditions at the Showgrounds (dust etc).

As part of redevelopment plan for the hospital, construction of the new multi-level car park has commenced. Representations have been received from the ISLHD re possible impacts of this construction on the current HLS – specifically NSW Ambulance has advised that services into the existing HLS cannot now be guaranteed under all conditions.

As a result, alternative back up landing sites need to be considered to ensure services to the hospital are maintained during the redevelopment phase, noting that the hospital will eventually have a rooftop HLS like other facilities of its size/nature.

Nowra Showground – Use Request

Council has received a formal request (Attachment 2) from the ISLHD for Nowra Showground to be used for emergency medical patient transfer on occasions when helicopters cannot access the existing HLS.

The request notes that establishing alternate landing procedures for sites at the Nowra Showground and HMAS Albatross is an important step in the overall hospital redevelopment, that when completed will incorporate a rooftop HLS. As such the alternatives are needed from now until the completion of the hospital redevelopment.

The letter from ISLHD covers the following:

Helicopter fleet changes

Since 2016 one helicopter type has been used that is able to operate in most weather conditions and with the aid of night vision can land in unprepared/unlit areas. It is noted that this is a significant improvement since 1994 when landings moved from the showground. As a result, the current helicopter type can land on various surfaces such as the Main Arena at the showground and if need be the adjacent cricket field (the Added Area).

Viable alternative sites

ISLHD have identified two viable alternative sites that they wish to use during the hospital construction phase: the Nowra Showground precinct and HMAS Albatross.

As detailed in the letter, depending on activities at the showground, either the Main Arena or Added Area could be used, and the showground would only be used if the site was available and safe. Attachment 2 provides an overview regarding both sites.

Showground Use Procedure

To be able to use the showground as an alternative landing location in a safe and effective manner, a procedure will need to be refined that covers:

· Ambulance vehicle access

· Management of people on or near landing area

· Light tower management

· Helicopter security on ground

· Communications between helicopter and hospital

ISLHD has provided a potential draft Operating Procedure for helicopters using the Nowra Showground precinct – this is provided as part of Attachment 2.

Use Request - Review

The ISLHD request was reviewed by relevant Groups/Sections within Council and the following comments provided:

Community & Recreation – the Plan of Management for the showground is silent on possible informal use for helicopter landings. As such this type of use would not be inconsistent with the Plan of Management.

Also provided, as an indication of level of use, is a summary of bookings for the Main Arena for a twelve-month period for provision to ISLHD so they are aware of likely use/availability.

If use is agreed, will need to confirm procedure for access to floodlights (if needed), access at night (locked at sunset), patron safety and other details.

Development Services – Emergency services will land helicopters where needed to deal with emergencies. If the proposed use of the showground is sporadic and infrequent it will not require a formal development approval.

Tourism (Events) - Further clarification on what ‘conditions’ would result in an alternate landing site being needed would be beneficial. If these conditions (e.g. weather based) can be predicted, then relevant event organisers can be made aware of the possibility of either the Main Arena or Added Area being used in an emergency.

Communications Plan would be beneficial. If an event is on at the Showground it may not necessarily mean the site is not suitable for landing - an event could only be using the Main Arena, therefore the Added Area is still possibly available. Event organisers’ contact details could be provided to the hospital, so they can communicate an emergency landing with the organiser.

Use Request - Comment

Whilst the request received from ISLHD is largely of an operational nature and is not inconsistent with the Plan of Management for the Showground, given community interest in the hospital redevelopment and the use of the existing helipad this matter has been reported to Council for consideration/endorsement.

Medical helicopters associated with the hospital previously used the Nowra Showground. Due to concerns and the need to be closer to the hospital a formal HLS was established in Nowra Park immediately adjacent to the hospital.

ISHLD have now approached Council and requested that emergency helicopters be able to again use the Nowra Showground precinct (for flexibility - either the Main Arena or Added Area) informally on occasions when the current HLS is not able to be safely used due to site conditions during the construction of the adjacent current multi-level car park and ongoing hospital redevelopment. ISHLD have also identified HMAS Albatross as another back-up site they will use.

There is likely to be some community/resident concern regarding the requested use of the Showground precinct for a range of reasons – safety, noise, conflicts etc. However, Council has generally supported the NSW Government’s redevelopment of the current hospital site, including the multi-level car park that is currently under construction.

Given the key role that the HLS plays in emergency management associated with the hospital and the importance of this to the broader community, it is considered appropriate that Council assist ISHLD with this issue. The need for alternate landing sites in the event the current HLS is unable to be used is recognised.

Thus, it is recommended that the use of the Nowra Showground precinct as an alternate helicopter landing site for the hospital be supported by Council subject to:

· The current hospital HLS continuing to be used whenever possible as the primary location.

· The requested use of the Showground is infrequent and only used on limited occasions when the current HLS is not able to be used. ISHLD will be requested to provide advice/predict the possible level of use.

· The Showground is only used for this purpose for the period associated with the redevelopment of the hospital. ISHLD will be requested to provide some anticipated timeframes in this regard.

· ISHLD work with Council staff to refine and finalise the draft Operating Procedure for the possible emergency helicopter operations at the Showground and consider relevant associated things that need to be in place (communications plan, indemnification etc) prior to any use.

Community Engagement

No specific community engagement has been undertaken in relation to this request.

It is possible that there may be some community concern associated with the proposed use of the Showground based on level of use, impact on events etc. These will be clarified moving forward and ISLHD will also be encouraged to provide information on the proposed use to adjacent residents and the broader community.

Policy Implications

The existing Plan of Management for the Nowra Showground is silent on helicopter landings and as such the request is not inconsistent with this Plan.

Financial Implications

There are no immediate financial implications for Council. Should any emerge they will be discussed on a cost recovery basis with ISLHD

Risk Implications

An Operating Procedure will be finalised and implemented if the request is agreed to. The matter will also be referred to Council’s Insurers for their information and consideration / feedback.

Strategy and Assets Committee – Tuesday 23 July 2019

Page 0

SA19.112 Draft Shoalhaven Tree and Vegetation Vandalism Prevention Policy

HPERM Ref: D19/204489

Group: Planning Environment & Development Group

Section: Environmental Services

Attachments: 1. Draft Shoalhaven Tree and Vegetation Vandalism Prevention Policy (under separate cover) ⇨

Purpose / Summary

Obtain endorsement of the Draft Shoalhaven Tree and Vegetation Vandalism Prevention Policy to enable it to proceed to public exhibition.

Recommendation (Item to be determined under delegated authority)

That Council

1. Place the Draft Shoalhaven Tree and Vegetation Vandalism Prevention Policy on public exhibition for a period of 28 days; and

2. Receive a report following the exhibition period outlining submissions received and any recommended amendments to the Draft Policy prior to adoption by Council.

Options

1. As recommended.

Implications: The draft Policy has been developed following a Council resolution and growing concern on this matter from community members. A Councillor workshop was held on 6 June 2019 in accordance with Council resolution (MIN19.109). Amendments have been made to the Draft Policy following the Councillor workshop, input from the Collingwood Beach Reference Group and workshops with relevant internal key stakeholders. The result is an improved, more robust Draft Policy that focuses on four key strategies of education: monitoring, recording and prevention; regulation and enforcement; and rehabilitation with the aim of engaging and involving the community. The resolution will enable public exhibition of the Draft Policy which will enable community members to provide comment as to the relevance and usability of the draft Policy for its intended purpose.

2. Adopt an alternative recommendation.

Implications: This will depend on the extent of any changes and could result in unforeseen implications and delays in implementation of a guiding framework.

3. Not adopt the recommendation.

Implications: This option is not preferred as Council would continue to have no policy in place to direct and manage tree and vegetation incidents across the Shoalhaven. This means that incidents of vandalism would be considered on a case-by-case basis without a guiding framework or consistent approach.

Background

On 21 November 2017, Council resolved (MIN17.974) to:

“4. Develop a robust Shoalhaven Tree Vandalism Policy to be rolled out across the Shoalhaven. In the interim Council immediately adopt the anti-vandalism strategy as outlined in this report be adopted and implemented to mitigate against continuing vandalism.”

The Collingwood Beach Dune Vegetation Two-Year Trial Action Plan adopted by Council’s Development Committee on 14 August 2018 (MIN18.607) also included actions relating to the development of a Council Vegetation Vandalism Policy and anti-vandalism strategy. More information can be found on Council’s website at

https://getinvolved.shoalhaven.nsw.gov.au/collingwood-beach

The Draft Vegetation Vandalism Strategy was reported to the Development and Environment Committee on Tuesday 5 March 2019 for adoption and public exhibition and the Committee resolved as follows (MIN19.109):

That the matter be referred to a Councillor Workshop.

The Councillor Workshop was held on Thursday 6 June 2019.

In response to the above resolution, the draft Policy that is provided as Attachment 1 has been prepared by Council staff. It seeks to provide a guiding framework for the prevention and management of tree and vegetation vandalism across the Shoalhaven. The Draft Policy contains key strategies of education; monitoring, recording and prevention; regulation and enforcement; and rehabilitation with the aim of engaging and involving the community to achieve these strategies. A number of additional consultations were undertaken to review the Draft Policy following the above Council resolution (MIN19.109), they include the following:

· April 2019 - Collingwood Beach Dune Vegetation Reference Group Meeting to review and seek feedback for the draft policy which included recommended amendments of Councillor Levett and Councillor White.

· May 2019 - internal meeting with relevant Council officers to seek feedback and review of the draft Policy

· May 2019 - Pre-Councillor Workshop meeting with Collingwood Beach Dune Vegetation Reference Group to review and seek feedback for the draft Policy

· June 2019 - Councillor Workshop to review and seek feedback for the draft Shoalhaven Tree and Vegetation Vandalism Prevention Policy

Some recommended amendments to the policy from the Collingwood Beach Dune Vegetation Reference Group Meeting and Workshop include the following:

· Update the Vegetation Vandalism Pamphlet and Temporary Investigation Sign Templates accordingly.

· The Background Section should make reference to Shoalhaven City Area rather than Collingwood Beach.

· A statement to be included in the document that clearly states that it should be read in conjunction with other relevant policies such as the Park Care Policy. All policies should be included in an appendix. Council does have a flow chart that can be included.

· Amendment to be made to the Monitoring and Prevention Section:

i. delete the word “generic”. Management plans should be prepared for individual sites and hots spots instead.

ii. remove reference to “foreshore”. Rivers and lakes also need be taken into consideration.

· Statements are to be included in the document that recognise that:

iii. “the adjoining owner adjacent to a vandalised site may not be the one that has committed the vandalism”.

iv. any poisoned tree or vegetation would not be removed from the site for 12 months.

v. rewards for information regarding vandalism and that Council will plant 5 trees for every one that has been vandalised.

All the recommended amendments have been collated and the amended Draft Policy was presented at the Councillor Workshop in June 2019, where further improvements were made. The draft Policy has been finalised for Council’s initial consideration, to enable it to proceed to public exhibition.

Community Engagement

It is recommended that this draft Policy now be exhibited for public comment for a period of 28 days. The draft policy will be made available online and at Council’s Administration Buildings in Nowra and Ulladulla.

Policy Implications

The draft Policy will be publicly exhibited for community and stakeholder input. Following this and consideration of any submissions received, the policy (including any amendments) can be adopted and implemented as the position of Council.

If the Shoalhaven Tree and Vegetation Vandalism Prevention Policy is adopted, the Shoalhaven Foreshore Reserve Policy will need to be updated and show the links between Council’s policies that relate to the management of trees and vegetation as well as Council’s Compliance Policy.

Financial Implications

The exhibition of the draft Policy will continue to be resourced within the existing Environmental Planning and Development budget.

Risk Implications

There are risks in not taking action to implement a citywide Policy in the Shoalhaven. Vegetation vandalism occurring in the Shoalhaven is extensive and ongoing. A lack of action from Council may also be seen by the community as ‘doing nothing’ in terms of implementing Council’s previous resolutions to adopt a robust Policy and addressing the many community submissions Council has received in recent years requesting that vegetation vandalism occurring at Collingwood Beach and other hotspots across the Shoalhaven be addressed.

Charter Ref No:	Proposed Change	Reason
N/A	Name change of the Committee to Audit, Risk and Improvement Committee	This is proposed to be consistent with the Local Government Amendment (Governance and Planning) Act 2016 No 38
1	Objective of the Committee to include business improvement related matters	To be in consistent with the Local Government Amendment (Governance and Planning) Act 2016 No 38.
6.3	Paper circulation time to one week from two weeks	§ Information presented to Committee is recent. § Consistent with all the other Council’s committees paper circulation timeframe. § All papers can be sent at once, minimising addendum paper runs.

Premises	3 Stewart Place Nowra
Commencing Date	1 August 2019 (subject to confirmation and execution of the lease)
Term	Three (3) years
Option Period	Three (3) years
Gross Rent	$18,712.44 plus GST, per annum
Rent Free period	Nil
Rent Review Mechanism	Fixed 3% annually
Outgoings	100% for all separately metered utilities such as, but not limited to, Electricity, Internet, Telephone; 100% - Waste; 100% - Management Fees; 45% - Council Rates and Charges; 45% - Building Insurance; 15% - Water, Sewerage and drainage charges.