Strategy and Assets Committee
Meeting Date: Tuesday, 15 August, 2017
Location: Council Chambers, City Administrative Centre, Bridge Road, Nowra
Time: 5.00pm
Clr Andrew Guile - Chairperson
All Councillors
General Manager or nominee
Please note: Council’s Code of Meeting Practice permits the electronic recording and broadcast of the proceedings of meetings of the Council which are open to the public. Your attendance at this meeting is taken as consent to the possibility that your image and/or voice may be recorded and broadcast to the public.
Agenda
1. Apologies / Leave of Absence
2. Confirmation of Minutes
· Strategy and Assets Committee - 18 July 2017........................................................... 1
3. Declarations of Interest
4. Mayoral Minute
5. Deputations and Presentations
6. Notices of Motion / Questions on Notice
SA17.196.... Notice of Motion - Jervis Bay Lions Park Proposal...................................... 16
7. Reports
SA17.197.... Six Monthly Delivery Program and Operational Plan Report - 1 January 2017 to 30 June 2017..................................................................................................... 17
SA17.198.... Waiving & Discounting of Fees for Open Space & Community Facilities 2016/2017...................................................................................................................... 18
SA17.199.... Shoalhaven Indoor Sporting Centre - Management Options....................... 26
SA17.200.... Community Infrastructure Guidelines........................................................... 33
SA17.201.... Policy Review - Management Committees.................................................. 35
SA17.202.... Loans (Advances) to Community Groups Policy......................................... 38
SA17.203.... Successful Grant Funding - Festivals Australia - Shoalhaven River Festival Art Precinct ........................................................................................................ 42
SA17.204.... Panel of Conduct Reviewers - Code of Conduct ........................................ 44
SA17.205.... Readoption - Code Of Meeting Practice - Code of Conduct and Code of Conduct Procedures................................................................................................... 47
SA17.206.... NSW Local Government Aboriginal Network Conference 2017.................. 49
SA17.207.... LGNSW Water Management Conference.................................................... 51
SA17.208.... National Local Roads & Transport Congress............................................... 57
SA17.209.... Adoption of Membership - Homelessness Taskforce Shoalhaven.............. 61
SA17.210.... Review of Council Policies - Finance........................................................... 67
SA17.211.... June 2017 Quarterly Budget Review........................................................... 70
SA17.212.... Proposed Sale of Land - Lot 2 DP1217124 - Wire Lane, Berry.................. 93
SA17.213.... Update on Cambewarra Road properties acquired for the Shoalhaven Community & Recreational Precinct................................................................................... 96
SA17.214.... Classification of Shared Cycleway / Footpath - Lot 8 DP1214563 - Matron Porter Drive, Narrawallee........................................................................................ 98
SA17.215.... Council Policy Review - Property Services................................................ 101
SA17.216.... Proposed Sale of Land - 10 Jopejija Crescent, Culburra Beach............... 105
SA17.217.... Crown Lands Negotiation Program............................................................ 109
SA17.218.... Better Boating Now - Round Two Projects................................................ 113
SA17.219.... Relief for Homelessness in Shoalhaven - Temporary Housing Solutions as Pathways to Formalised Housing - Tiny Homes and Temporary Emergency Housing 123
SA17.220.... Endorsement for Exhibition - Draft Local Approvals Policy....................... 134
SA17.221.... Policy review - Council Policy POL16/236 - Demolition & Renovation of Buildings Containing Asbestos................................................................................... 138
SA17.222.... Policy review - Council Policy POL16/251 - Swimming Pools - Barrier Inspection Policy.......................................................................................................... 145
SA17.223.... Policy review - Council Policy POL16/233 - Compliance and Enforcement Policy.................................................................................................................... 153
SA17.224.... Acquisition of Easement for Water Supply at Parma Road, Parma.......... 164
SA17.225.... Review of Shoalhaven Water Group Policies............................................ 166
SA17.226.... TM74 Sussex Inlet Watermain Replacement Jacobs Drive and River Road 169
SA17.227.... Acquisition of Easement for Water Supply - Sungrove Lane Milton.......... 173
SA17.228.... Request Connection to Town Sewerage System - 4 Reservoir Lane Cambewarra (DA17/1731)............................................................................................... 176
Reports
CSA17.14.... TM74 Sussex Inlet Watermain Replacement Jacobs Drive and River Road
Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page iv |
Strategy and Assets Committee
Delegation:
Pursuant to s377 (1) of the Local Government Act 1993 the Committee is delegated the functions conferred on Council by the Local Government Act 1993 (LG Act) or any other Act or delegated to Council, as are specified in the Schedule, subject to the following limitations:
i. The Committee cannot exercise any function delegated to the Council which by the terms of that delegation cannot be sub-delegated;
ii. The Committee cannot exercise any function which s377(1) of the LG Act provides cannot be delegated by Council;
iii. The Committee cannot exercise a function which is expressly required by the LG Act or any other Act to be exercised by resolution of the Council; and
iv. The Committee cannot exercise any function which is a function of the General Manager under s335 of the LG Act.
Schedule:
1. Make recommendations to Council and consider, formulate, review and adopt policies in relation to Council’s corporate & community planning under Part 2 of Chapter 13 of the LG Act, asset management and in connection with the other functions listed in this Schedule and in particular to make recommendations to Council in respect of the content of Council’s community strategic plan, delivery program, resourcing strategy and operational plan within the meaning of Part 2 of Chapter 13 of the LG Act;
2. Make recommendations to Council and consider, formulate, review and adopt Council policies, plans and strategies other than those in respect of town planning and environmental matters, and any other matter referred to the Committee by the General Manager.
3. Make recommendations in respect of the introduction of new fees or charges or the alteration of existing fees and charges for inclusion in the Council’s next operational plan within the meaning of s405 of the LG Act;
4. Monitor, review and consider matters relating to the operations and strategic direction of Council’s Holiday Haven Tourist Parks Group;
5. All functions in respect of the management of, and facilities provided on Crown Land in respect of which Council is the ‘reserve trust manager’ within the meaning of s92 of the Crown Lands Act 1989, and the making of recommendations to Council regarding such matters where the function cannot be delegated by Council;
6. Provision of corporate direction to the Shoalhaven Water Group in respect of powers delegated to it by Council regarding the construction, alteration or maintenance of water and sewerage works, effluent works and pump out removal;
7. Authorise the expenditure of funds raised under s64 of the LG Act within the limits outlined in, and in accordance with Council’s adopted Development Servicing Plan and other relevant adopted Council policies;
8. Make recommendations to Council in respect of fees and charges for water and wastewater services provided by Council;
9. Develop, implement, review and adopt strategic policies for water, sewerage and effluent operations of Council;
10. Undertake preliminary investigations (feasibility, cost benefit, risk analysis, etc.) into development opportunities for Council’s strategic land holdings and make recommendations to Council.
11. Review and make recommendations to Council in relation to:
a) The sale prices of land in connection with residential and industrial Council subdivisions;
b) The sale of Council property or the purchase or resumption of land;
c) The compensation to be offered in respect of land resumed by Council; and
d) Properties leased or rented by Council, other than those delegated to the General Manager for approval and execution in accordance with MIN14.912 and MIN15.237 of the Council.
12. To determine and accept all tenders with a value of $1 Million or more, except those tenders required by law to be determined by full Council (MIN17.334).
Minutes of the Strategy and Assets Committee
Meeting Date: Tuesday, 18 July 2017
Location: Council Chambers, City Administrative Centre, Bridge Road, Nowra
Time: 5.01pm
The following members were present:
Clr Mitchell Pakes – Acting Chairperson
Clr John Wells
Clr Patricia White
Clr Kaye Gartner
Clr Nina Cheyne
Clr Annette Alldrick – left 7.06pm
Clr John Levett
Clr Greg Watson
Clr Mark Kitchener
Clr Bob Proudfoot
Mr Russ Pigg - General Manager
Election of Chairperson |
RESOLVED (Clr Proudfoot / Clr Kitchener) MIN17.614 That Clr Mitchell Pakes be appointed as the Acting Chairperson for the meeting of Strategy and Assets Tuesday 18 July 2017. CARRIED
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Apologies / Leave of Absence |
An apology was received from Clr Guile, Clr Findley and Clr Gash.
Confirmation of the Minutes |
RESOLVED (Clr White / Clr Gartner) MIN17.615 That the Minutes of the Strategy and Assets Committee held on Tuesday 13 June 2017 be confirmed. CARRIED
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Declarations of Interest |
Clr White – “SA17.193 – Review of the Shoalhaven Bushcare/Parkcare Policy and Procedures” – less than significant non pecuniary interest declaration – will remain the room and will take part in discussion and vote – “she is a member of a Parkcare Group at Sussex Inlet”.
Clr Wells – CSA17.12 – Tenders – Management and Operation Huskisson Beach Holiday Park – less than significant non pecuniary interest declaration – will leave the room and will not take part in discussion or vote – a successful tenderer he engaged whilst administrator for Bega Valley Crown Parks and the contractors are well known to him.
Reports
SA17.174 Policy Determination - Not Allowing Circuses that utilise Exotic Animals on Council Land |
HPERM Ref: D17/201866 |
Recommendation (Item to be determined under delegated authority) That Council determine its Policy position in respect to Circuses which utilise exotic animals, being allowed to hire/occupy any Council land (owned or as Trustee).
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RESOLVED (Clr Proudfoot / Clr Alldrick) MIN17.616 That Council: 1. Note the report and adopt a policy position of not allowing any Circus, which utilise exotic animals, to hire/occupy any Council land (owned or as Trustee); and a. Advise the Illawarra Pilot Joint Organisation (IPJO) accordingly b. Update the Sustainable Events Policy to reflect this position 2. Write to the State Government to seek their support to not allow any circus using exotic animals on any Crown or Private land. 3. Seek clarification on the definition of ‘exotic’ animal for the activation of the policy. CARRIED
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SA17.175 South Coast Regional Jobs Investment Package - Council Projects |
HPERM Ref: D17/216330 |
Recommendation That the following projects and Council funding commitments be submitted under the South Coast Regional Jobs Investment Package: 1. Woollamia Boat Lift and Shed – SCC contribution: $200,000 (from Economic Development Reserve) 2. Greenwell Point Boating Facilities – SCC contribution: $750,000 (from Economic Development Reserve) 3. Provision of electricity to Huskisson Business Precinct – SCC contribution: $50,000 (from Economic Development Reserve and/or streetscape funding) 4. Former Ulladulla STP Industrial Land Subdivision – SCC contribution:$2,219,000 (from Industrial Land Development Reserve) 5. Defence Support Training Needs Analysis – SCC contribution: $25,000 (from Economic Development Reserve)
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Motion (Clr White) That the following projects and Council funding commitments be submitted under the South Coast Regional Jobs Investment Package: 1. Woollamia Boat Lift and Shed – SCC contribution: $200,000 (from Economic Development Reserve) 2. Greenwell Point Boating Facilities – SCC contribution: $750,000 (from Economic Development Reserve) 3. Provision of electricity to Huskisson Business Precinct – SCC contribution: $50,000 (from Economic Development Reserve and/or streetscape funding) MOTION LAPSED due to lack of seconder.
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Recommendation (MOTION) (Clr Watson / Clr Kitchener) That the following projects and Council funding commitments be submitted under the South Coast Regional Jobs Investment Package: 1. Woollamia Boat Lift and Shed – SCC contribution: $200,000 (from Economic Development Reserve) 2. Greenwell Point Boating Facilities – SCC contribution: $750,000 (from Economic Development Reserve) 3. Provision of electricity to Huskisson Business Precinct – SCC contribution: $50,000 (from Economic Development Reserve and/or streetscape funding) 4. Former Ulladulla STP Industrial Land Subdivision – SCC contribution:$2,219,000 (from Industrial Land Development Reserve); 5. And if possible, Defence Support Training Needs Analysis – SCC contribution: $25,000 (from Economic Development Reserve) For: Clr Wells, Clr Levett, Clr Cheyne, Clr Alldrick, Clr Gartner, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Russ Pigg Against: Clr White carried
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SA17.176 Revenue Options Follow Up Report |
HPERM Ref: D17/198634 |
Recommendation (Item to be determined under delegated authority) That Council note the information provided in this report.
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RESOLVED (Clr Watson / Clr Wells) MIN17.617 That Council: 1. Note the information in the report; and 2. Prepare a detailed motion and supporting documentation to the Local Government Conference for an amendment to the Local Government Act 1993, giving Council the authority to deem that business is being carried out on residential property in relation to applying commercial ratings and equity (Similar to those powers councils have to deem properties as rural). For: Clr Wells, Clr White, Clr Levett, Clr Cheyne, Clr Alldrick, Clr Gartner, Clr Pakes, Clr Watson, Clr Kitchener and Clr Proudfoot Against: Russ Pigg CARRIED
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SA17.177 Abseiling and Rock Climbing Policy - withdrawn |
HPERM Ref: D17/208127 |
Recommendation (Item to be determined under delegated authority) That the public policy, Abseiling and Rock Climbing, be rescinded.
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RESOLVED (Clr Wells / Clr Proudfoot) MIN17.618 That the public policy, Abseiling and Rock Climbing, be rescinded. CARRIED
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SA17.178 Shoalhaven Entertainment Centre - Hiring Policy |
HPERM Ref: D17/208657 |
Recommendation (Item to be determined under delegated authority) That the revised Shoalhaven Entertainment Centre Hiring Policy be placed on Public Exhibition for 28 days and if no significant comments are received the revised Policy be deemed adopted. If there are significant comments, a further report be presented to Council.
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RESOLVED (Clr Wells / Clr Alldrick) MIN17.619 That the revised Shoalhaven Entertainment Centre Hiring Policy be placed on Public Exhibition for 28 days and if no significant comments are received the revised Policy be deemed adopted. If there are significant comments, a further report be presented to Council. CARRIED
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SA17.179 Berry District Park Master Plan |
HPERM Ref: D17/192881 |
Recommendation (Item to be determined under delegated authority) That Council adopt the Berry District Park Master Plan Option A (Attachment 2) without amendment and enable detailed design to commence.
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RESOLVED (Clr Wells / Clr Cheyne) MIN17.620 That Council adopt the Berry District Park Master Plan Option A (Attachment 2) without amendment and enable detailed design to commence. CARRIED
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SA17.180 Bay & Basin Summer Shuttle Bus and Shoalhaven River Festival Accessible Shuttle Bus 2017 Funding Success |
HPERM Ref: D17/199103 |
Recommendation That Council: 1. Accept the grants of; a. $9,309 (excluding GST) to undertake the Bay & Basin Summer Shuttle Bus project and; b. $1,955 (excluding GST) to undertake the Shoalhaven River Festival Accessible Shuttle project. 2. Write and thank Transport for NSW.
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Recommendation (MOTION) (Clr Proudfoot / Clr Alldrick) That Council: 1. Accept the grants of; a. $9,309 (excluding GST) to undertake the Bay & Basin Summer Shuttle Bus project and; b. $1,955 (excluding GST) to undertake the Shoalhaven River Festival Accessible Shuttle project. 2. Write and thank Transport for NSW. CARRIED
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SA17.181 Council Policy Review - Strategic Infrastructure Planning |
HPERM Ref: D17/211789 |
Recommendation (Item to be determined under delegated authority) That Council rescind the following policies and list these as a Corporate Procedures and guideline: 1. Signs – Reserve Signage Standard 2. Motor Vehicle Access to Public Reserves
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RESOLVED (Clr Wells / Clr White) MIN17.621 That Council rescind the following policies and list these as a Corporate Procedures and guideline: 1. Signs – Reserve Signage Standard 2. Motor Vehicle Access to Public Reserves CARRIED
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SA17.182 Beyond Plastic Pollution - Pathways to Cleaner Oceans Conference |
HPERM Ref: D17/218058 |
Recommendation (Item to be determined under delegated authority) That Council 1. Notes the details of the Beyond Plastic Pollution - Pathways to Cleaner Oceans Conference scheduled for 30 October to 1 November 2017 in Darling Harbour, Sydney 2. Authorises available Councillors to attend the conference and such attendance be deemed Council Business. 3. Travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with its adopted policy. 4. Request Councillors attending the conference to provide a written report within 30 days of returning from the conference.
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RESOLVED (Clr White / Clr Cheyne) MIN17.622 That Council: 1. Notes the details of the Beyond Plastic Pollution - Pathways to Cleaner Oceans Conference scheduled for 30 October to 1 November 2017 in Darling Harbour, Sydney 2. Authorises available Councillors to attend the conference and such attendance be deemed Council Business. 3. Travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with its adopted policy. 4. Request Councillors attending the conference to provide a written report within 30 days of returning from the conference. CARRIED
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SA17.183 North Nowra Link Road - Southern Option |
HPERM Ref: D17/202578 |
Recommendation (Item to be determined under delegated authority) That the North Nowra Link Road corridor (Southern option) be amended, as shown on Plan Reference 2587_49_1 to avoid encroachment onto private lands.
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RESOLVED (Clr Watson / Clr Wells) MIN17.623 That the North Nowra Link Road corridor (Southern option) be amended, as shown on Plan Reference 2587_49_1 to avoid encroachment onto private lands. CARRIED
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SA17.184 Public Policies for Review - July 2017 - Asset Management |
HPERM Ref: D17/113213 |
Recommendation (Item to be determined under delegated authority) That 1. The draft Asset Management Policy be exhibited for 28 days, and the outcomes of the consultation be reported 2. The Asset Management Strategy be adopted 3. The Public Information Signs policy be adopted 4. The Renewable Energy Installations on Council Buildings policy be adopted
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RESOLVED (Clr White / Clr Cheyne) MIN17.624 That: 1. The Draft Asset Management Policy be exhibited for 28 days, and the outcomes of the consultation be reported. 2. The Asset Management Strategy be adopted. 3. The Public Information Signs policy be adopted. 4. The Renewable Energy Installations on Council Buildings policy be adopted. CARRIED
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SA17.185 2017-2018 Path Construction Program |
HPERM Ref: D17/180957 |
Recommendation That 1. The Member for South Coast be thanked for the funding of $1.89 million for path projects 2. $150,000 be allocated from General Fund (Local Road Repair Program) for the construction of a path in Page Avenue, North Nowra, from Judith Drive to Pitt Street 3. $100,000 be allocated from General Fund (Local Road Repair Program) for the construction of a path, and associated kerb and gutter, in Centaur Avenue, Sanctuary Point, from Idlewild Avenue to Francis Ryan Reserve 4. $250,000 be allocated to the 2017-2018 Local Road Repair Program from the 2018-2019 Roads to Recovery Program allocation
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Recommendation (MOTION) (Clr Proudfoot / Clr Wells) That: 1. The Member for South Coast be thanked for the funding of $1.89 million for path projects; 2. $150,000 be allocated from General Fund (Local Road Repair Program) for the construction of a path in Page Avenue, North Nowra, from Judith Drive to Pitt Street; 3. $100,000 be allocated from General Fund (Local Road Repair Program) for the construction of a path, and associated kerb and gutter, in Centaur Avenue, Sanctuary Point, from Idlewild Avenue to Francis Ryan Reserve; 4. $250,000 be allocated to the 2017-2018 Local Road Repair Program from the 2018-2019 Roads to Recovery Program allocation. CARRIED
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Procedural Motion - Adjournment of Meeting |
Motion (Clr Watson / Clr White) That the meeting be adjourned for 15 minutes at 6.32pm. CARRIED
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Procedural Motion - Resumption of Meeting |
Motion (Clr Pakes) That the meeting reconvene the time being 6.46pm. The following members were present:
Clr Mitchell Pakes – Acting Chairperson Clr John Wells Clr Patricia White Clr Kaye Gartner Clr Nina Cheyne Clr Annette Alldrick Clr John Levett Clr Greg Watson Clr Mark Kitchener Clr Bob Proudfoot Mr Russ Pigg - General Manager
CARRIED
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SA17.186 Jervis Bay Maritime Museum - Fish Pond |
HPERM Ref: D16/401033 |
Recommendation (Item to be determined under delegated authority) That survey, investigation, design and community consultation proceed in relation to opening the Jervis Bay Maritime Museum fish pond when a funding source becomes available.
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RESOLVED (Clr Wells / Clr Proudfoot) MIN17.625 That 1. Survey, investigation, design and community consultation proceed in relation to opening the Jervis Bay Maritime Museum fish pond and Council actively pursue a funding source. 2. A report be prepared for other uses/options for the fish pond and surrounding areas CARRIED
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SA17.187 Classification of Operational Land - Part Shoalhaven Community & Recreational Precinct - 109, 111, 111A & 113 Cambewarra Road, Bomaderry |
HPERM Ref: D17/184792 |
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Recommendation That Council resolve to classify the land in the schedule below as Operational Land:
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Recommendation (MOTION) (Clr Wells / Clr Gartner) That Council resolve to classify the land in the schedule below as Operational Land:
For: Clr Wells, Clr White, Clr Gartner, Clr Cheyne, Clr Alldrick, Clr Levett, Clr Pakes, Clr Watson, Clr Proudfoot and Russ Pigg Against: Clr Kitchener carried
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SA17.188 Lease - 1 Mattes Way, Bomaderry - Kiama Community College |
HPERM Ref: D17/196327 |
Recommendation That Council: 1. Enter into a lease agreement with Kiama Community College Incorporated for the continued use and occupation of 1 Mattes Way, Bomaderry (Lots 27, 29, 30 & 31 DP793122) for an initial term of three (3) years with two (2) option periods of three (3) years each (i.e. 3 x 3 x 3 year lease) at an initial annual rent of $50,000 plus GST to be increased annually by CPI; and 2. Grant authority to affix the Common Seal of the Council to any documents required to be sealed and that the General Manager be authorised to sign any documents necessary to give effect to this resolution.
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Recommendation (MOTION) (Clr Proudfoot / Clr Gartner) That Council: 1. Enter into a lease agreement with Kiama Community College Incorporated for the continued use and occupation of 1 Mattes Way, Bomaderry (Lots 27, 29, 30 & 31 DP793122) for an initial term of three (3) years with two (2) option periods of three (3) years each (i.e. 3 x 3 x 3 year lease) at an initial annual rent of $50,000 plus GST to be increased annually by CPI; and 2. Grant authority to affix the Common Seal of the Council to any documents required to be sealed and that the General Manager be authorised to sign any documents necessary to give effect to this resolution. CARRIED
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SA17.189 Holiday Haven Tourist Parks - Management & Operation Contract Extension - Lake Conjola Entrance Holiday Park |
HPERM Ref: D17/206942 |
Recommendation (Item to be determined under delegated authority) That Council, in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, considers a separate confidential report on this matter.
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RESOLVED (Clr White / Clr Alldrick) MIN17.626 That Council, in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, considers a separate confidential report on this matter. CARRIED
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SA17.190 Holiday Haven Tourist Parks Tender for the Management & Operation of the Huskisson Beach Holiday Park |
HPERM Ref: D17/208503 |
Recommendation (Item to be determined under delegated authority) That Committee in accordance with Section 10A(2)(d)(i) of the Local Government Act considers a separate confidential report on this matter.
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RESOLVED (Clr White / Clr Alldrick) MIN17.627 That Committee in accordance with Section 10A(2)(d)(i) of the Local Government Act considers a separate confidential report on this matter. CARRIED
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SA17.191 Council Policy Review - Waste Services |
HPERM Ref: D17/208199 |
Recommendation That Council 1. Adopt the Disaster Recovery Policy – Waste Management (POL16/82). 2. Adopt the following policies with no or minor changes: a. No charge tipping of storm damaged materials at waste depots Policy (POL16/168 b. Garden Waste Mulch - Community Assistance Policy (POL 16/170); and c. Waste Minimisation and Management Guidelines (POL16/171 3. Adopt the No Charge Tipping Vouchers Policy (POL 16/169), noting commercial properties will no longer receive vouchers from FY18/19.
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Recommendation (MOTION) (Clr Wells / Clr White) That Council: 1. Adopt the Disaster Recovery Policy – Waste Management (POL16/82). 2. Adopt the following policies with no or minor changes: a. No charge tipping of storm damaged materials at waste depots Policy (POL16/168) b. Garden Waste Mulch - Community Assistance Policy (POL16/170); and c. Waste Minimisation and Management Guidelines (POL16/171) 3. Adopt the No Charge Tipping Vouchers Policy (POL16/169), noting commercial properties will no longer receive vouchers from FY18/19. CARRIED
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SA17.192 Indian (Common) Myna Bird Program |
HPERM Ref: D17/133558 |
Recommendation (Item to be determined under delegated authority) That Council note the information contained in the report.
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Note: Clr Alldrick left the meeting at 7.06pm |
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RESOLVED (Clr Levett / Clr White) MIN17.628 That: 1. Council within existing resources commence an Indian Myna Bird program comprising of: a. Upgrading council’s website to provide the community with sufficient information for them to instigate an Indian Myna bird eradication programme. b. Development of an urban landscape policy to discourage the proliferation of Indian Myna birds 2. Council receive a further report outlining indications on what resources can be applied to achieve additional components of a Myna Bird reduction program within existing budgets. For: Clr Wells, Clr White, Clr Gartner, Clr Cheyne, Clr Levett, Clr Pakes, Clr Watson, Clr Proudfoot and Russ Pigg Against: Clr Kitchener CARRIED
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SA17.193 Review of the Shoalhaven Bushcare/Parkcare Policy and Procedures |
HPERM Ref: D17/93261 |
Clr White – less than significant non pecuniary interest declaration – will remain the room and will take part in discussion and vote – “she is a member of a Parkcare Group at Sussex Inlet”. |
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Recommendation (Item to be determined under delegated authority) That 1. Council endorse the Shoalhaven Bushcare/Parkcare Policy and Procedure with the amendments outlined in this report as a draft for consultation with Bushcare and Parkcare Groups. 2. That following the consultation with Bushcare and Parkcare groups the policy be reported back to Council for finalisation.
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Clr Gartner raised a Point of Order against Clr Pakes in relation to disrespectful comments about staff and bushcare vigilante groups. Clr Pakes ruled against the Point of Order.
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RESOLVED (Clr White / Clr Proudfoot) MIN17.629 That this matter be deferred to a Clr Briefing Workshop to allow for further review and reported back to Council. CARRIED
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SA17.194 Tenders - Floodplain Risk Management Studies & Plans - Lower Shoalhaven River and St Georges Basin |
HPERM Ref: D17/197911 |
Recommendation (Item to be determined under delegated authority) That Council, in accordance with Section 10A(2)(d)(i) of the Local Government Act considers a separate confidential report on this matter.
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RESOLVED (Clr Wells / Clr White) MIN17.630 That Council, in accordance with Section 10A(2)(d)(i) of the Local Government Act considers a separate confidential report on this matter. CARRIED
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SA17.195 Review of Shoalhaven Water Group Policies |
HPERM Ref: D17/205002 |
Recommendation (Item to be determined under delegated authority) That Council reaffirm the following policies with minor changes: 1. Determining Residential and Commercial Properties for the Purpose of Levying Water and Sewer Charges 2. Water Hydrant Standpipe Extraction Policy 3. Pressure Sewer System Policy – Backlog Sewerage Schemes. 4. Rural Wastewater Connection Policy 5. Rural Water Supply Policy
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RESOLVED (Clr White / Clr Cheyne) MIN17.631 That Council reaffirm the following policies with minor changes: 1. Determining Residential and Commercial Properties for the Purpose of Levying Water and Sewer Charges 2. Water Hydrant Standpipe Extraction Policy 3. Pressure Sewer System Policy – Backlog Sewerage Schemes. 4. Rural Wastewater Connection Policy 5. Rural Water Supply Policy CARRIED
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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 Cheyne / Clr Proudfoot) MIN17.632
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.
CSA17.11 Holiday Haven Park Management Contract extension - Lake Conjola Entrance Holiday Park Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.10(A)(2)(d)(i) 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. CSA17.12 Tenders – Management & Operation Huskisson Beach Holiday Park Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.10(A)(2)(d)(i) 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. CSA17.13 Tenders – Floodplain Risk Management Studies & Plans – Lower Shoalhaven River and St Georges Basin Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.10(A)(2)(d)(i) 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
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The meeting moved into confidential the time being 7.44pm.
Note: Clr Wells left the meeting during the confidential session.
The meeting moved into open session, the time being 7.51pm.
Report from confidential session
The following resolutions of the meeting, whilst closed to the public, were made public.
CSA17.13 Tenders – Floodplain Risk Management Studies & Plans – Lower Shoalhaven River and St Georges Basin |
HPERM Ref: D17/197355 |
RESOLVED (Clr Gartner / Clr White) MIN17.635C That: 1. In accordance with Section 178(1)(a) of the regulations accept Cardno (NSW/ACT) Pty Ltd Tender for Lower Shoalhaven River Floodplain Risk Management Study & Plan and St Georges Basin Floodplain Risk Management Study & Plan in the amount of $319,415.50 (excl. GST). Council allocate $70,000.00 from job number 15706 at the September 2017 quarterly budget review to job number 15803 towards the Lower Shoalhaven River Flood Risk Management Study and Plan to commence the study with the preferred tenderer. 2. Council allocate $135,000.00 from job number 15706 at the September 2017 quarterly budget review to job number 15802 towards the St Georges Basin Flood Risk Management Study and Plan to commence the study with the preferred tenderer. 3. The General Manager (Director Planning, Environment & Development) write to the NSW Office of Environment & Heritage seeking approval to vary the approved grant amount for 2017-17-FM-0106 Lower Shoalhaven River Floodplain Risk Management Study & Plan to reflect the final negotiated contract amount. 4. The General Manager (Director Planning, Environment & Development) write to the NSW Office of Environment & Heritage seeking the maximum 30% increase in funding approval to vary the approved grant amount for 2016-17-FM-0107 St Georges Basin Floodplain Risk Management Study & Plan to reflect the final negotiated contract amount.
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There being no further business, the meeting concluded, the time being 7.51pm.
Clr Pakes
ACTING CHAIRPERSON
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 15 |
SA17.196 Notice of Motion - Jervis Bay Lions Park Proposal
HPERM Ref: D17/255933
Submitted by: Clr Greg Watson
Purpose / Summary
The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 16 |
SA17.197 Six Monthly Delivery Program and Operational Plan Report - 1 January 2017 to 30 June 2017
HPERM Ref: D17/255292
Group: General Manager's Group
Section: Executive Strategy
Attachments: 1. IPR Six Month Report Jan 2017 to June 2017 (under separate cover) ⇨
Purpose / Summary
The purpose of this report is to provide information on how the organisation has performed against targets in the Delivery Program and Operational Plan during the last six months of the 2016/17 financial year commencing 1 January 2017.
Options
1. As recommended
Implications: Council will meet its Legislative requirements under the Local Government Act and inform the community of progress.
2. Adopt the recommendation and seek a further report on specific aspects of the six monthly report
Implications: Additional staff resources required to produce additional information
Background
Attached (Attachment ‘1’) is a summary of the six monthly Progress Report on the Delivery Program and Operational Plan providing a snapshot of how the organisation has performed against targets during the last six months of the 2016/2017 financial year. Whilst most activities are ‘on’ target or completed, some are ‘below’ target. Comments on what has been achieved over the past six months is provided for all Activities. Highlights for each Key Result Area (KRA) have been provided to document the range and depth of work currently being completed. Whilst key measures indicate Council’s level of success in meeting the Community Strategic Plan Key Priorities.
This is the last report for the 2013/2017 Delivery Program. The new 2017/2021 Delivery Program has now commenced and the first six months of the Delivery Program as part of the Integrated Strategic Plan will be reported in February 2018.
Community Engagement
Community engagement on the development of the Delivery Program and Operational Plan is maintained through the feedback mechanism provided by this report.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 17 |
SA17.198 Waiving & Discounting of Fees for Open Space & Community Facilities 2016/2017
HPERM Ref: D17/220265
Group: Finance Corporate & Community Services Group
Section: Recreation Community & Culture
Attachments: 1. Attachment A - Monthly Markets & Community Events in Public Reserves ⇩
2. Attachment B - Waiving of Fees for Open Space Venues & Community Services ⇩
3. Attachment C - Waiving of Fees for Shoalhaven Libraries ⇩
4. Attachment D - Waiving of Fees for Shoalhaven Entertainment Centre 2016-2017 ⇩
Purpose / Summary
To inform Council of fees that were waived or discounted during the period 1 July 2016 to 30 June 2017 for the use of Council’s open space and community facilities.
Options
1. Council receive this report for information.
Implications: The report is provided for information and hence there are no actions required from its acceptance.
2. Council provide an alternative recommendation with direction to staff.
Implications: The implications will be dependent on the form of the resolution.
Details
In accordance with Council’s policies:
· Fees – Waivers, Subsidies and Support Policy – POL15/57
· Film & Video Production in Public Reserves & Public Place – POL08/145
The Director Finance, Corporate and Community Services has the delegation to waive fees for bona fide charities or fundraising activities for the use of Council’s open and space and community facilities upon application. The Director may exercise his discretion or may report to Council for consideration and/or endorsement.
The attached tables show the fees waived and discounted that were approved in the period of 1 July 2016 to 30 June 2017. Please note some of the events are yet to be held however, the fees were waived during this period.
Attachment “A” – Monthly Markets & Community Events in Public Reserves – 2016/2017
Attachment “B” – Waiving of Fees for Open Space Venues and Community Services – 2016/2017
Attachment “C” – Waiving of Fees for Shoalhaven Libraries – Community Events in Council Facilities – 2016/2017.
Attachment “D” – Waiving of Fees for Shoalhaven Entertainment Centre – 2016/2017
The above fees are waived or discounted to assist relevant community events to occur that could not take place without this assistance.
Community Engagement
The fees waived or discounted during the period of 1 July 2016 to 30 June 2017 are for not for profit organisations or charities.
Examples of the events being held were of community events musicals, theatre, concerts, fun days and community meetings. These events add benefit to the community by educating and providing activities in which the community can come together to celebrate, entertain, network and socialise.
Financial Implications
A total of $118,426.61 of fees were waived or discounted during the period of 1 July 2016 to 30 June 2017. A breakdown is provided below.
Monthly Markets & Community Events in Public Reserves 2016/2017 $ 2,746.41
Waiving of Fees for Open Space Venues & Community Services 2016/2017 $ 14,249.13
Waiving of Fees for Shoalhaven Libraries 2016/2017 $ 176.00
Waiving of Fees for Shoalhaven Entertainment Centre 2016/2017 $101,255.07
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 25 |
SA17.199 Shoalhaven Indoor Sporting Centre - Management Options
HPERM Ref: D17/244920
Group: Finance Corporate & Community Services Group
Section: Recreation Community & Culture
Purpose / Summary
To present to Council options for the management and operation of the Shoalhaven Indoor Sports Centre and seek direction on the way forward for the governance of the facility.
Options
1. Prepare a Request for Tender (RFT) for the management and operation of the Shoalhaven Indoor Sports Centre through a Management Agreement (Recommended)
Implications: Request for Tender documentation, including Service Specification, Standards, Key Performance Indicators and maintenance and life cycle accountabilities, and draft Contract would be prepared and publicly advertised, offering an open and transparent process to appoint the service provider.
Council staff will be required to prepare the Request for Tender documentation and oversight the Tender process, which will impact and necessitate revisions to existing work programs.
Council is eligible to submit an in-house bid.
2. Council determine to manage and operate the Shoalhaven Indoor Sports Centre in-house
Implications: This would negate the need for a Request for Tender process, Council would have direct control of the centre and ensure equity of access to a broad range of users and offer office space and block booking of space for selected key stakeholder groups such as the Shoalhaven Basketball Association.
Background
The construction of the Shoalhaven Indoor Sports Centre on the Artie Smith Reserve, along Cambewarra Road, Bomaderry has commenced and direction is required from Council on how the facility will be managed and operated.
The existing indoor sports centre, which consists of two (2) indoor courts, was constructed on the site in the early 1960’s. This impetus was through the endeavours of the Shoalhaven Sporting Association and the Recreation Reserve Development Committee, and the stadium opened in 1965. The Shoalhaven Basketball Association currently manages the facility.
Given the design, scope and scale of the modern multi-purpose four (4) court facility, which includes a crèche, café and a multi-purpose mezzanine space, this new centre has potential to attract a broad range of new user groups and recreational users, in addition to the existing users, which are primarily basketball focussed. Community expectation regarding public access to the centre and professional management will necessitate considering a change in operating model.
Council will recall the recent visit to Menai Sports Centre in March 2017. This indoor facility, which has a similar mix of facilities and of comparable size to the Shoalhaven centre being constructed. It is owned and operated by Sutherland Shire Council and offers a diverse range of programs throughout the day, along with hosting formal sports competitions, leagues, training sessions and events for a variety of sports organisations who are based at the centre.
Further, Council at its meeting on 27 October 2015 adopted MIN15.651 part (f) pertaining to the Fit-Out of the facility:
(f) ‘Receive a further report on post construction Fit-Out items (if required) once management and operation of the facility is determined’.
Hence, direction on the future model for the management and delivery of the Centre is required as this impacts on the scope and funding requirements for facility Fit-Out. A report on Fit-Out requirements is also included in this business paper.
Council has previously received representations from prospective operators of the facility and Councillors have been invited to briefings.
There are a number of options open to Council in determining how this facility could be operated and managed; however, in making a decision, Council should also consider that the indoor sports centre is one of a number of future facilities that will form the Shoalhaven Community and Recreational Precinct.
It is proposed that Council should have responsibility for the overall governance and management of the precinct; however, there are a number of management options and models for individual facilities that form parts of the overall precinct.
For example, where there are single use facilities, such as the croquet courts, it is proposed to manage these through lease arrangements. Bookings for the sports grounds would continue to be managed by Council through seasonal hire agreements, licences and permits. Bomaderry Aquatic Centre and the future Pavilion, which will include a range of aquatic facilities and services, would continue to be managed by Council. Third party agreements for use and / or occupation of aspects of the Pavilion will be managed through either lease, licence or hire agreements/ permits as appropriate.
Management Options
The following Options have been identified for the management and operation of the Shoalhaven Indoor Sports Centre:
· Option 1 – Call a Request for Tender for the management and operation of the Shoalhaven Indoor Sports Centre through a management agreement
· Option 2 – Council Operate the Facility In-House
The new facility is on Community Land – Sportsground and has a Generic Plan of Management – Sportsground and there is also an Artie Smith Master Plan 2013 for the site.
The core objectives for land categorised as sportsground, as prescribed under section 36 of the Local Government Act 1993 are:
(a) to encourage, promote and facilitate recreational pursuits in the community
involving organised and informal sporting activities and games, and
(b) to ensure that such activities are managed having regard to any adverse impact
on nearby residences.
Neither the Plan of Management nor the masterplan outlines specific management models but the master plan notes that Council should apply benchmark standards and practices in asset delivery, operation and management.
Work Plan and Resource Implications
Should Council determine to call for either a RFT Council staff will be required to prepare the documentation and manage the respective processes.
Staff from the Recreation, Community and Culture and Business and Property Sections in conjunction with respective industry specialists (where required) and legal advisors will form the Evaluation Team.
Dependant on the way forward a review of current work priorities may need to be undertaken.
The decision to either manage and operate the facility directly in-house, or through the engagement of an external operator through a Management Agreement may have a direct impact on the scope of the Fit-Out and the level of funding that will be required from Council.
Should Council decide to operate the Shoalhaven Indoor Sports Centre through an in-house management model, the full Fit-Out budget will be required prior to opening and operating the facility.
Should Council chose an alternate management model for the facility, and depending on the terms of the management agreement inclusions, some of the Fit-Out components may become the responsibility of the operator. Any perceived savings between in-house management and an external operator where the initial Fit-Out costs are passed onto the operator will, ultimately be borne by Council through increased management fees and / or operational costs, particularly at the end of any agreement term.
Council can counter this by providing the full fit out and ensuring terms of any agreement cover the required maintenance and replacement of fit out items through appropriate asset management plans.
Options for the Management and Operation of the Shoalhaven Indoor Sports Centre
The following models and management framework are presented for consideration
Option 1 – Call a Request for Tender for the management and operation of the Shoalhaven Indoor Sports Centre through a management agreement
This would require the development of a Management Contract and Agreement, including a specification with service standards, key performance indicators and maintenance and life cycle accountabilities. The duration of the contract and any potential extensions, also need to be agreed. Should the operator be required to fund aspects of the Centre Fit-Out, the management contract tenure should be for a period of time that will allow for a return on the Fit-Out investment.
This method would provide an open and transparent process to appointing an operator; it would comply with the Local Government Act 1993 (LGA), Local Government Regulations and Local Government Tendering Guidelines.
Staff in the Recreation, Community and Culture, and Business and Property Sections would be required to develop the documentation and manage these processes. Council would also need to identify a resource to have oversight of the Management Contract to a third party operator for the duration of the agreement. This is to ensure they are meeting the specification, service standards and key performance indicators and be a liaison between Council and the operator in satisfying their contractual responsibilities.
This approach enables interested third parties to submit a tender through a publicly advertised Request for Tender process. This process permits Council to prepare and submit an ‘in-house’ bid.
This approach may attract both not-for-profit and commercial operators to make submissions. The requirement to deliver services in accordance with a specification with service standards should assist in ensuring equity of access and reducing the likelihood of favouring one sporting code or user group over another having prime use of the venue.
However, with a third party operator, there is the potential to focus on income generating programs and services to the detriment of programs based on social inclusivity, and to save money through reduced customer service and asset maintenance.
Previous experience with external operators managing Council aquatic and recreation facilities has also shown a deterioration in asset condition with these not being maintained to a satisfactory standard. This has resulted in Council injecting substantial funds to rectify building maintenance items at the cessation of management contracts.
If the operator is not a Shoalhaven based entity, monies generated through the operation of the facility may flow out of the region.
Option 2 – Council Operate the Shoalhaven indoor Sports Centre In-House.
Council can determine to operate the facility through the engagement of Council staff who would directly manage this facility in-house. This could become part of the Swim and Fitness portfolio without the need to put out to a public request for tender or expression of interest.
Council has a proven track record and considerable expertise in the management and delivery of services across a broad range of service areas. There is staff expertise and skills within the existing Swim and Fitness Unit to manage and operate the Shoalhaven Indoor Sports Centre and provide Council will both the confidence and assurance that customer service and asset management will be a high priority to ensure the growth of the facility operations and the longevity of the asset for the community.
This would optimise the use of the facility as a multi-purpose indoor facility. Providing greater equity and access to a wide range of user groups. It would provide for the development of a range of public programs to build casual and regular usage, and offer targeted programs to vulnerable, at risk and marginalised groups under Councils community service obligations that may not otherwise be offered.
This option also provides Council with greater control and oversight, with flexibility to accommodate requests that may benefit the broader community interest such as events, supporting emerging sports or offering services to targeted groups or organisations.
Council is well placed to continue working collaboratively with the existing stakeholder groups. The design of the facility would allow office space to be provided to key stakeholder groups such as the Shoalhaven Basketball Association. In-house management would also be supportive of establishing partnerships with a range of other potential user groups and service organisations to enable them to have access to the facility as well as developing a range of public programs to build casual use.
The Tamworth Dome Sports Centre is managed by Tamworth Regional Council, they have entered into agreements with both the Basketball Association and Netball Association for them to have office space in the facility, and to block book courts for use by their association.
This Option would also enable a seamless transition to a management structure covering the whole of the proposed Shoalhaven community and Recreational Precinct in the future, whilst Options 1 & 3 would require either a novation or assignment capability.
The option also ensures a smooth transition from construction, Practical Completion, issuing of Construction Certificate through to Commissioning Hand Over Training & Operation (CHOTO) Fit-Out and soft opening.
Community Engagement
Should Council determine to proceed with a Request for Tender for the management and operation of the Shoalhaven Indoor Sports Centre, this will be publicly advertised with submissions being made via Tenderlink.
A RFT will offer opportunities for commercial entities, not for profit organisations and an in-house team to submit a tender and enable these to be assessed and evaluated against the criteria articulated in the RFT in an open, objective and transparent process.
Financial Implications
Costs associated with development of any RFT process, advertising and review of submissions will be funded from within existing budgets.
Staff resources and work plans within the Recreation, Community and Culture, and Business and Property Units would be reviewed and re-prioritised. This would allow staff time to be dedicated to the development of the required documentation and management of the process in accordance with Council’s procurement policy and procedures.
Any funding requirements for the management and operation of the Shoalhaven indoor Sports Centre arising from the outcome of these processes would be reported to Council along with recommendations arising from and RFT process.
Council staff have undertaken some benchmarking with comparable indoor sports facilities in regional areas. Centre financial performance is linked to a number of variables which include:
· Size of facility,
· Complexity of facility such as specialist flooring, heating, ventilation and air conditioning systems
· Facility mix – number of courts, crèche, café, meeting & multi-use spaces etc., whether the facilities form part of a larger complex – e.g. with outdoor courts and sports fields or linked with an indoor leisure centre including pools and gyms,
· Number of days of operations, and length of opening hours,
· Visitation,
· Pricing methodology for fees and charges, appetite to apply user pays principles and consideration for community service obligations,
· Overheads – such as electricity, water, insurance, maintenance, security, telephone charges etc.,
Some aspects of the centre will be under a 12-month defect liability period or a 12-month warranty period, some of servicing costs may be covered, hence it will be difficult to establish some maintenance and operating costs in the initial period of operation. Similarly electricity charges will be based on usage and will be difficult to forecast in the initial start-up period. Staff costs will be dependent on the number of days of operation, the length of opening hours and the types of bookings, events and programs offered.
Review of available information indicates a subsidy of between $40,000 and $60,000 per court per annum is required for an established / mature operation. This assumes that all four (4) would be available for use, however at the Shoalhaven Indoor Sports Centre the show court would not be routinely available for casual bookings and may therefore impact on this estimate.
Until the centre has been fully operational for a period of 2 – 3 years it is difficult to forecast the level of subsidy with some certainty, hence a potential subsidy of between $200,000 - $300,000 should be anticipated. Once a pattern of use and operation is established this information can be used to develop the business potential further and forecast budget performance more accurately.
Risk Implications
Transition Period – Practical Completion – Commissioning Hand Over Training & Operation (CHOTO) – Opening
Options 1 may lead to an extended transition period from building Practical Completion to operation. This transition will need to be carefully managed to ensure there are no undue delays in opening the venue.
Defect Liability Period, Warranties and Fit-Out Timeline
Once Practical Completion is achieved, a 12-month Defect Liability period commences. It is essential that the Project Manager and building contractor are kept formally informed of defects and performance issues with the building. There is the risk that with an external operator these will not be communicated expediently enabling them to be rectified which may have a longer-term effect on the building.
Similar a number of plant and equipment items will be under a 12-month warranty and servicing period and it is essential that an external operator has in place a scheduled planned and preventive maintenance program to ensure warranties on plant and equipment are not compromised.
Compliance
The Council may not achieve Practical Completion status in terms of compliance. For example, the Food Premises Policy in relation to kitchen fit-out may not be issued until this area is complete. This may be subject to the operator funding the fit-out of these areas prior to operations; however, this will not be aligned to Practical Completion and may delay the issuing of an Occupation Certificate.
Accessibility
With such a substantial investment from Council into the project, the community will be expecting a shared use of the facility and equal access to the benefits it will provide. An external operations model may result in disappointment among community members where access is either not attainable and / or affordable as access will be at the discretion of the external operator. This will need to be considered in any Management Agreement. The requirement to ensure higher levels of community access will result in higher operational costs.
Management Experience
Appointing an appropriately experienced operator with the capability and proven track record in managing facilities will maximise the potential of the centre and minimise Council’s financial risks, comply with legislative requirements, particularly related to WHS, Award provisions and Industrial requirements.
Financial Risk
By putting the management and operation of the centre out to the market, Council is able to evaluate submissions, and any management fee implications for Council.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 31 |
SA17.200 Community Infrastructure Guidelines
HPERM Ref: D17/231536
Group: Finance Corporate & Community Services Group
Section: Recreation Community & Culture
Attachments: 1. Community Infrastructure Grant Guidelines (under separate cover) ⇨
Purpose / Summary
To introduce the Community Infrastructure Grant Guidelines to Council and to respond to the Notice of Motion from Clr Proudfoot requesting a report on broadening the potential for the ways that "in kind" contributions from community groups can be used for capital works projects.
Recommendation (Item to be determined under delegated authority) That Council notes the Community Infrastructure Grant Guidelines report for information.
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Options
1. Adopt the recommendation.
Implications: This will update Council on the Community Infrastructure Grant Guidelines that staff are implementing.
2. Not adopt the recommendation.
Implications: This may require providing direction to Council staff on how to broaden the potential for the ways that "in kind" contributions from community groups can be used for capital works projects
Background
Council resolved at its April Strategy and Assets meeting
That:
1. Council notes the Community Infrastructure Guidelines report for information.
2. A Councillor Briefing be scheduled on the Community Infrastructure Guidelines.
A Councillor briefing was held on the 18 July 2017 and a video was presented to the briefing outlining the process for community to access the grant monies. Minor changes have been made to the guidelines in line with Councillors comments.
Notice of Motion
In the Council Ordinary Business Paper of 4 April 2017 a Notice of Motion was proposed by Clr Proudfoot which was deferred to the Ordinary Meeting on 26 April 2017:
That Council staff prepare a report on broadening the potential for the ways that "in kind" contributions from community groups can be used. The report would need to include, but not be restricted to applications for funding and constructing capital projects.
The note by the General Manager related to the above resolution indicated that Council staff were currently preparing Community Infrastructure Guidelines that address potential ways that "in kind" contributions from community groups can be used to deliver minor infrastructure projects which is presented at this Strategy & Assets Committee meeting. Unfortunately, the above Notice of Motion was deferred to the following Council Meeting however, staff have presented this report in anticipation of meeting the requirement of this Notice of Motion.
Community Infrastructure Guidelines
The Community Infrastructure Guidelines are designed to encourage and define "in kind" contributions from community groups for capital projects. In doing this, the Guidelines define the extent to which community driven infrastructure projects may be funded by Council, and the roles of other partners contributing to the project (i.e. community, other levels of government). The Guidelines are shown in Attachment 1.
Community Engagement
Community engagement and feedback will be encouraged through implementing the Guidelines and where appropriate the Guidelines will be updated and improved with this feedback.
Policy Implications
There are no policy implications for the implementation of the Guidelines which are designed to complement existing Council policies such as the Voluntary Users Contributions, Skate Parks and other similar policies which encourage in kind contributions from community groups for capital works projects.
Financial Implications
There are no foreseen financial implications for the implementation of these Guidelines which value add to Council’s capital works program and/or encourages delivery of external grant funded projects.
Risk Implications
There are no immediate foreseen risk implications with community groups undertaking relevant capital works projects which are covered by Council’s blanket volunteer insurance coverage.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 33 |
SA17.201 Policy Review - Management Committees
HPERM Ref: D17/238473
Group: Finance Corporate & Community Services Group
Section: Recreation Community & Culture
Attachments: 1. Management Committee Guidelines - 15.08.2017 (under separate cover) ⇨
2. Policy - Management Committees ⇩
Purpose / Summary
Council is required to review all policies within 12 months of the election. This policy is presented for readoption without changes.
Recommendation (Item to be determined under delegated authority) That Council re adopt the public policy, Management Committees, without changes.
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Options
1. Re adopt the policy as recommended.
Implications: Council staff will continue to implement the policy in liaison with Management Committees.
2. Amend the recommendation.
Implications: Changes to this policy will require Council to consider the resources that may be required to undertake community consultation and public exhibition requirements.
Background
The purpose of the Management Committees Policy POL16/189 is to define Council’s management of its various Management Committees.
This Policy has been reviewed and it is recommended that the Policy be adopted in its current form. The Policy in its current form is working well for both Council and Management Committees.
Operational implementation of this Policy is through Council’s Management Committee Guidelines. The guidelines are a tool for both staff and management committees in undertaking their functions. These are able to be updated by staff from time to time as required to reflect operational and governance requirements, current legislative and planning standards and any changes therein.
The document can be viewed at: http://doc.shoalhaven.nsw.gov.au/displaydoc.aspx?record=POL10/131
Community Engagement
As there has been no changes to the policy community engagement is not required.
Financial Implications
No additional financial implications result from readoption of the existing policy.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 36 |
SA17.202 Loans (Advances) to Community Groups Policy
HPERM Ref: D17/243647
Group: Finance Corporate & Community Services Group
Section: Recreation Community & Culture
Attachments: 1. Loans (Advances) to Community Groups Policy ⇩
Purpose / Summary
Council to endorse the Loans (Advances) to Community Groups Policy
Options
1. Adopt the recommendation
Implications: Provides a strategic direction to the process of supporting community groups through advances (loans)
2. Council not adopt the recommendation
Implications: The granting of advances (loans) to Community groups will not have a strategic direction to operate in.
Background
Shoalhaven City Council has been in the practice of supporting community groups and organisations who occupy facilities on Council managed land by way of interest free or low interest loans. Advances have been used to maintain and upgrade facilities organisations have been operating from or to purchase needed assets for the operation of the community organisation. A small budget is identified for this purpose each year (Job No.10454 Advances to Community Groups).
The budget was originally used to assist in maintaining the Council assets controlled by sporting groups in the Shoalhaven. In recent years, this has been expanded to include all community groups operating from facilities operating on Council managed land.
The draft policy provides a strategic framework for these advances to operate from and provides basic guidelines for the transparent operation of the process.
Community Engagement
The draft policy will be placed on Public Exhibition for a period of 28 days and a subsequent report furnished to Council outlining any comments and suggestions made during this period.
Financial Implications
There are no additional financial implications.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 40 |
SA17.203 Successful Grant Funding - Festivals Australia - Shoalhaven River Festival Art Precinct
HPERM Ref: D17/235391
Group: Finance Corporate & Community Services Group
Section: Tourism
Purpose / Summary
To advise Council of the successful application for the art precinct’s River Marker Project as part of the 2017 River Festival.
Options
1. Council adopt the recommendation as printed.
Implications: This will allow the art project to go ahead as part of the 2017 River Festival.
2. Council reject the recommendation and provide an alternative option.
Implications: If the funding offer is declined then the art project will not proceed.
Background
An application for $20,000 was submitted for the Flood Markers Project in association with the River Festival. The project will be a dramatic collection of large vertical lit sculptures celebrating the Shoalhaven River. The project is a sculptural expression of the impact the River has had on the people of the Shoalhaven. Using this theme as a point of departure artists, craftspeople, community members and environmental groups will work with the vertical sculpture form of the flood marker to pattern, weave, paint, sculpt and light the 'markers' of community and the stories of the River. The ephemeral Flood Marker sculptures will be displayed at community venues and on the Riverfront before and during the Festival creating a River gateway to the Festival and the ArtZone.
Community Engagement
No community engagements have taken place.
Financial Implications
The $20,000 will pay for local engineering and construction companies to build and install a series of armatures for artists to work with. This will ensure the sculptures are stable and safe in a community context. It will also enable a core group of works with a size and scale to create an exciting presence in the Festival landscape. These will be accompanied by smaller markers created by community groups.
The Flood Markers will also be lit with integrated battery operated LEDs for the evening events during the Festival period. The development of a solar lighting solution is being investigated.
Risk Implications
The necessary risk assessments will be conducted when completing this project.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 42 |
SA17.204 Panel of Conduct Reviewers - Code of Conduct
HPERM Ref: D17/229143
Group: Finance Corporate & Community Services Group
Section: Human Resources, Governance & Customer Service
Purpose / Summary
To establish a panel of independent Conduct Reviewers who may be called upon to assess, resolve or, if necessary, investigate Code of Conduct complaints made against Councillors or the General Manager.
That Council appoint the members of the Regional Panel of Conduct Reviews for a period of four (4) years, those being: · Centium Group Pty Ltd · O’Connell Workplace Relations Pty Ltd · O’Connor Marsden & Associates Pty Ltd · SINC Solutions Pty Ltd · TressCox Lawyers · Williams Love & Nichol Pty Ltd T/as Bradley Allen Love Lawyers · Workplace Investigations Services P/L ices (T/A Wise Workplace)
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Options
1. That Council appoint the Panel of Conduct Reviewers as recommended by the IPJO Expression of interest Process ( as recommended)
Implications: The Council will meet the requirement and have a sufficient panel of Conduct Reviewers to draw from if required.
2. That the Council appoint an amended list of panel members
Implications: Council will need a sufficient number of panel members to ensure it is able to engage services when and if required.
Background
The adopted procedures for the Administration of the Model Code of Conduct (The Procedures) require that Council resolve to establish a panel of conduct reviewers for a term of four (4) years. Where Council is unable to resolved less serious complaints about Councillors or the General Manager, they are to be referred to an independent Conduct Reviewer for assessment and resolution or investigation.
On 26 March 2013, (MIN13.326) Council resolved to enter into an arrangement with the then Southern Councils Group to share a panel of Conduct Reviewers. A panel of Thirteen (13) conduct reviewers, being the Southern Council’s Group Panel, were appointed on 23 July 2013 for a period of four (4) years, expiring in July 2017.
Council joined with the now Illawarra Pilot Joint Organisation ( IPJO) comprising of member councils, Wollongong, Shellharbour, Kiama and Shoalhaven in May 2017 to embark on an Expression of Interest (EOI) process to form the replacement panel of conduct reviewers. The costs of the expression of interested process were met by the IPJO.
The Evaluation Team comprised: Kerry McMurray (Kiama Municipal Council), Sara McMahon (Shoalhaven City Council), Deborah Arney (Wollongong City Council), Sonya Stewart (Shellharbour City Council), and Tracey Maguire (Illawarra Pilot Joint Organisation).
A summary of the evaluation process is set out below.
The Ten (10) EOIs were first assessed against the mandatory criteria:
1. Compliance with the minimum eligibility requirements as set out in clause 3.5 of the OLG Procedures for the Administration of the Model Code of Conduct:
2. Compliance with Insurance Requirements
3. Completed Conflict of Interest and Fair Dealing Declaration
4. Agreement with KPIs
The EOIs were then evaluated against the Assessment Criteria specified in the Procurement Plan, namely:
5. Demonstrated knowledge and experience of
a) Local Government
b) Public administration
c) Investigations
d) Alternative dispute resolution
e) Code of Conduct Reviews - references provided
6. Resources, Capacity and Capability
a) Number of nominated personnel - qualifications, specialist skills
b) Responsiveness and Reporting
and scored in accordance with the Evaluation Methodology.
EOIs were ranked based on the score received.
The appointment of Seven (7) Conduct reviewers is submitted for the adoption of the Council.
Community Engagement
Expressions of Interest were invited through Tenderlink and the following media: Illawarra Mercury, Sydney Morning Herald, South Coast Register, Milton Ulladulla Times, and Kiama Independent.
In addition, all current reviewers used by Councils were notified of the process.
Representatives of the four Illawarra Pilot Joint Organisation member Councils participated in the process.
Policy Implications
The appointment of this panel is required under the Model Code of Conduct Procedures.
Financial Implications
Conduct Reviewers will be engaged, as the need arises, on a fee for service basis.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 45 |
SA17.205 Readoption - Code Of Meeting Practice - Code of Conduct and Code of Conduct Procedures
HPERM Ref: D17/239173
Group: Finance Corporate & Community Services Group
Section: Human Resources, Governance & Customer Service
Attachments: 1. Code of Conduct (under separate cover) ⇨
2. Code of Conduct - Procedures (under separate cover) ⇨
3. Code of Meeting Practice (under separate cover) ⇨
Purpose / Summary
To reaffirm the Code of Meeting Practice, the Code of Conduct and the Procedures for the Code of Conduct without amendment until such time as revised Model Codes are provided by the Office of Local Government.
Options
1. As recommended
Implications: This would reaffirm and effectively readopt the current Code of Conduct and Procedures of the Code of Conduct without amendment. Should no submissions be received on the readoption of the Code of Meeting Practice it shall be considered as readopted by the Council without amendment.
2. That the current policies be amended as proposed by Council.
Implications: Any amendments to the Code of Conduct or the Procedures for the Code of Conduct must incorporate the Model Code of Conduct and Procedure provisions (Section 440 (3) of the Local Government Act, 1993) and would be best subject to community consultation prior to adoption.
Any proposed amendments to the Code of Meeting Practice must be in accordance with the provisions for Meetings as outlined in the Local Government Act, 1993 or the Local Government (General) Regulation, 2005.
It is understood that olg will issue new Code/procedures later this year or during 2018 at which time changes may be required.
Background
In accordance with Section 440 (7) of the Local Government Act, 1993, Council must review its adopted Code of Conduct and make such adjustments as it considers appropriate and are consistent with the Act. Current policy is that all policies be reviewed within 12 months of the election of the Council.
Over the past 12 months Council has awaited the new Model Code of Meeting Practice and a Revised Model Code of Conduct and Model Procedures for the Code of Conduct arising from the Local Government Amendment (Governance and Planning) Act 2016.
On receipt of advice from the Office of Local Government on 28 July 2017 that the Draft documents will not be finalised by September 2017 it is proposed that the current Codes of the Council be reaffirmed at this time without amendment.
Indicative timing of the new and amended Codes as provided by the Office of Local Government is as follows:
1. Revised Model Code of Conduct and Model Procedures for the Code of Conduct
The Revised Model Code of Conduct and Model Procedures will include consolidation of the pecuniary interest provisions into the Model Code of Conduct for Local Councils in NSW.
The draft documents are currently with the NSW Parliamentary Counsel Office. It is hoped that the consultation process on the Draft Revised Model Code and Procedures will take place within the next 2 months with the final documents being in place by the end of 2017.
2. Model Code of Meeting Practice
Consultation on the Model Code of Meeting Practice will not commence until the Revised Model Code of Conduct and procedures is complete. It is anticipated that the consultation process will take place in the final months of 2017, and delivery of the Model Code in early 2018.
Councillors will be briefed when the respective draft documents are released and reports will be provided to Council to facilitate submissions on the Draft documents.
Community Engagement
Community Engagement would be undertaken in accordance with the provisions of the Local Government Act, 1993 as outlined in the report.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 47 |
SA17.206 NSW Local Government Aboriginal Network Conference 2017
HPERM Ref: D17/229843
Group: Finance Corporate & Community Services Group
Section: Human Resources, Governance & Customer Service
Purpose / Summary
To consider Councillor attendance at the NSW Local Government Aboriginal Network Conference 2017 scheduled for 13 – 15 September 2017 in Albury NSW.
Options
1. As per the recommendation.
2. That Council not approve Councillor attendance at the Conference as Council Business.
Background
The NSW Local Government Aboriginal Network Conference 2017 is considered relevant to local government, Information in relation to the conference is attached to this report
Costs associated with the conference are estimated as follows:
· registration : $780
· travel, accommodation and out of pocket expenses : not yet determined.
The Conference commences at 9.00am Wednesday 13 September and concludes at 1.00pm Friday 15 September 2017 and the following Council Business is scheduled within the period of the conference:
· Nowra CBD Revitalisation Strategy Committee – Wednesday 13 September.
· Councillor Briefing – Presentation by GHD.
· Development Committee – Tuesday 12 September may also be effected.
Further information regarding this conference can be found via this link: http://alburycity.nsw.gov.au/events/lganconference
Policy Implications
The Council Members – Payment of Expenses and Provision of Facilities Policy limits attendance at conferences to three per annum per councillor exclusive of any conference arranged by either the State or National Local Government Associations.
Financial Implications:
Funds are available for Councillors to attend this conference.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 49 |
SA17.207 LGNSW Water Management Conference
HPERM Ref: D17/250699
Group: Finance Corporate & Community Services Group
Section: Human Resources, Governance & Customer Service
Attachments: 1. Conference program ⇩
Purpose / Summary
To consider Councillor attendance at the LGNSW Water Management Conference scheduled for 4-6 September 2017 in Dubbo, NSW.
Options
1. As per the recommendation.
2. That Council not approve Councillor attendance at the Conference as Council Business.
Background
The LGNSW Water Management Conference is considered relevant to local government, Information in relation to the conference is attached to this report
Costs associated with the conference are estimated as follows:
· registration : $600.60 (up to 21 August 2017)
· travel, accommodation and out of pocket expenses : not yet determined.
The Conference commences at 3.00pm Monday 4 September 2017 and concludes at approximately 4.00pm Wednesday 6 September 2017 and following Council Business is scheduled within the period of the conference:
· Council Bushcare Representatives Group – Monday 4 September 2017.
· Shoalhaven Sports Board – Wednesday 6 September 2017.
· Shoalhaven Arts Board – Thursday 7 September 2017
· Shoalhaven Natural Resources & Floodplain Management Committee – Thursday 7 September 2017
Policy Implications
The Council Members – Payment of Expenses and Provision of Facilities Policy limits attendance at conferences to three per annum per councillor exclusive of any conference arranged by either the State or National Local Government Associations.
Financial Implications:
Funds are available for Councillors to attend this conference.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 55 |
SA17.208 National Local Roads & Transport Congress
HPERM Ref: D17/250795
Group: Finance Corporate & Community Services Group
Section: Human Resources, Governance & Customer Service
Attachments: 1. Congress program ⇩
Purpose / Summary
To consider Councillor attendance at the National Local Roads & Transport Congress scheduled for 6-8 November 2017 in Albany, WA.
Options
1. As per the recommendation.
2. That Council not approve Councillor attendance at the Conference as Council Business.
Background
The National Local Roads & Transport Congress is considered relevant to local government. Information in relation to the conference is attached to this report
Costs associated with the conference are estimated as follows:
· registration : $890.00 (Prior to 29 September 2017)
$990.00 (After 29 September 2017
· official functions, optional : Albany Showcase Tour $75.00
· travel, accommodation and out of pocket expenses : not yet determined.
The Conference commences at 10.30am Monday 6 November 2017 and concludes at 3.00pm Wednesday 8 November 2017 and following Council Business is scheduled within the period of the conference:
· Aboriginal Advisory Committee – Monday 6 November 2017.
· Councillor Briefing – Thursday 9 November 2017.
· Rural Fire Service Strategic Planning Committee – Thursday 9 November 2017.
Policy Implications
The Council Members – Payment of Expenses and Provision of Facilities Policy limits attendance at conferences to three per annum per councillor exclusive of any conference arranged by either the State or National Local Government Associations.
Financial Implications:
Funds are available for Councillors to attend this conference.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 59 |
SA17.209 Adoption of Membership - Homelessness Taskforce Shoalhaven
HPERM Ref: D17/239175
Group: Finance Corporate & Community Services Group
Section: Human Resources, Governance & Customer Service
Attachments: 1. Homelessness Taskforce Shoalhaven - Terms of Reference ⇩
Purpose / Summary
To advise Council of the panel determination for the membership and seek formal adoption by Council, request a name change for the Taskforce and amend the Terms of Reference.
Options
1. As recommended
Implications: Community Membership numbers will increase from 16 to 18 with the total number of members increasing from 30 to 32.
2. Not accept all applicants and determine members on the floor of Council.
Implications: This is contrary to the decision made by the panel.
3. Adopt an alternate recommendation.
Background
Expressions of Interests were called for membership of the newly created Shoalhaven Homelessness Taskforce, which closed on Friday 2 June 2017. As a result, a total of 18 applications were received with a total of 4 community representatives and 14 representatives from various organisations.
The current Terms of Reference allow for 16 members from the community/organisations. The selection panel met and discussed the applications that were received and determined that based on the overwhelming interest in the Taskforce that the panel would recommend to Council that all 18 applicants be appointed as members.
The list of applicants and recommended members are as follows:
Name |
Lastname |
Organisation/Group |
Tamie |
Harvie |
Community / volunteer – interested in mental health and D&A |
Lesley |
Labka |
SAHSSI – Shoalhaven Women’s Homeless and DV Service |
Penni |
Wildi |
Community member |
Wendi |
Hobbs |
Shoalhaven Suicide Prevention and Awareness Network (SSPAN) |
Rev. Matthew |
Wilson |
Nowra Uniting Church |
Patricia |
David |
Unions Shoalhaven |
Peter |
Dover |
Salt Ministries |
Roslyn |
Poole |
ISLHD – Homelessness Mental Health Program |
Ashleigh |
Hudson |
Mobile Response Vehicle coordinator (services for homeless) |
Max |
Zalakos |
Nowra Baptist Church |
Wendy |
Woodward |
Nowra Show Society / community volunteer |
Deborah |
Ferrier |
Community volunteer |
Julie |
Bugden |
Shoalhaven Homelessness Hub |
Donna |
Brotherson |
Illawarra Forum |
Bernard |
Gleeson |
St Vincent De Paul Nowra |
Sharlene |
Naismith |
Legal Aid |
Natalie |
Beckett |
HARP Unit – Sexual Health & Blood Borne Infections; and Aboriginal community member |
Adam |
Collison |
Southern Cross Community Housing |
If Council determines the membership as recommended the Terms of Reference (Attached) will need to be amended to reflect the increase in membership numbers (from 16 to 18 community/organisation members).
It was also discussed by the panel that the name of the Taskforce should change to Homelessness Taskforce Shoalhaven (HTS).
Community Engagement
Council called for nominations via advertisement in the South Coast Register and Milton Ulladulla Times during May 2017, it was also featured on Councils Webpage.
Policy Implications
Requires the Terms of Reference to be amended to reflect:
· The name change to Homelessness Taskforce Shoalhaven
· The community/organisation membership increase from 16 to 18.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 65 |
SA17.210 Review of Council Policies - Finance
HPERM Ref: D17/250184
Group: Finance Corporate & Community Services Group
Section: Finance
Attachments: 1. POL16/165 Acceptance of Tenders - Reports to Council (under separate cover) ⇨
2. POL16/199 Rates and Other Monies - Delegation of Authority to Write Off (under separate cover) ⇨
3. POL16/202 Revenue - Pensioner Rates and Charges - Arrears and Interest (under separate cover) ⇨
4. POL16/203 Revenue - Stormwater Management (under separate cover) ⇨
5. POL16/206 Sale of Land to Recover Unpaid Rates and Charges (under separate cover) ⇨
6. POL16/153 Plant Replacement Reserve (under separate cover) ⇨
7. POL16/119 Revenue - Debt Recovery Policy (under separate cover) ⇨
8. POL16/186 Investment Policy (under separate cover) ⇨
9. POL16/200 Revenue Hardship Policy (under separate cover) ⇨
10. POL16/201 Revenue - Overdue Interest Rate (under separate cover) ⇨
11. POL16/187 Jerberra Payment Relief Policy (under separate cover) ⇨
12. POL16/265 Local Preference Policy (under separate cover) ⇨
Purpose / Summary
All public policies are to be submitted to Council within 12 months of the election of Council. Twelve public policies relate to Finance. Eleven policies have been reviewed and are presented for adoption by Council. One policy, Plant Replacement Reserve POL12/143, is presented for rescission and listing as a Corporate Procedure for internal use by staff.
Options
1. Adopt the recommendations as written.
Implications: Nil
2. Not adopt the recommendations and give further instruction to staff.
Implications: Staff will need to redraft the affected policies.
Background
Minor tracked changes have been made to the following policies:
1. POL16/165 Acceptance of Tenders – Reports to Council
2. POL16/199 Rates and Other Monies – Delegation of Authority to Write Off
3. POL16/202 Revenue – Pensioner Rates and Charges – Arrears and Interest
4. POL16/203 Revenue – Stormwater Management
5. POL16/206 Sale of Land to Recover Unpaid Rates and Charges
These are shown in the attachments. The changes relate to updating the currency of wording and titles, and to reflect current practices. General formatting changes have also been included.
POL16/153 Plant Replacement Reserve
The policy, POL16/153 Plant Replacement Reserve, is recommended to be rescinded and adopted as a Corporate Procedure as it details an operational process. No changes have been made to the processes. The existing policy, as attached, has been updated to show changes in wording and titles. The name would change from Policy to Procedure.
POL16/119 Revenue – Debt Recovery Policy
The main change to the Policy is the addition of provisions for Accounts Receivable. Previously, the Policy only referred to Rates, though the same practice applied to other invoiced amounts, including caravan and food shop accounts. The change formalises existing practice by including receivables in Council’s debt recovery policy. Other changes relate to updating the currency of wording and titles and to reflect current practices.
POL16/186 Investment Policy
At Council’s Ordinary Meeting (MIN17.221) held Tuesday 28 March 2017, the following resolution was adopted:
That Council instruct CPG Research and Advisory Pty Ltd, its investment advisors, to give preference to investing SCC funds with financial institutions that do not invest in, or finance, the fossil fuel industry where:
1. Council’s investment is compliant with its ‘Investment Policy’.
2. The investment rate of interest is equivalent to other similar investments that may be on offer to Council at the time of investment.
3. A briefing be provided to Councillors, at the end of financial year 2016/17, to assess the results of this moderate divestment strategy
Changes have been made to the Investment Policy to reflect this resolution.
In addition, changes recommended by CPG Research and Advisory Pty Ltd have been made to section 4(d) Credit Quality Limits of the Policy, namely: the adoption of consensus rating in the event of a split rating, where possible; and an increase to the portfolio holding limit from 30% to 60% for the BBB category to address the dual impact of a downgrade to second-tier banks, due to increased property risk, and accommodation of Council’s resolution.
POL16/200 Revenue – Hardship Policy
The Policy has been updated to include a reference to the provisions of Section 601 of the Local Government Act 1993 for circumstances where ratepayers experience hardship paying increases in rates that result from valuation changes. Other changes relate to a change in the format of the Statutory Declaration required and updating the currency of wording and titles, and to reflect current practices.
POL16/201 Revenue – Overdue Interest Rate
The change to this Policy relates to cross-referencing the Revenue Hardship Policy and the Jerberra Payment Relief Policy.
POL16/187 Jerberra Payment Relief Policy
The addition to the Policy streamlines the approval process for eligible ratepayers who meet the requirements of the previous year’s hardship approval and have agreed to the revised amount for the current rating year. Other changes relate to adding the Hardship Rate Relief Application Form to the Policy and the changed format of the Statutory Declaration required, as well as updating the currency of wording and titles, and to reflect current practices.
POL16/265 Local Preference Policy
The change to this policy has been made to accommodate procurement actions in which Council participates as part of the Illawarra Shoalhaven Joint Organisation.
Community Engagement
There is no statutory requirement to publicly exhibit any of the policies contained in this report. Council may choose to do so should they consider any changes of significance.
Policy Implications
Rescinding POL16/153 Plant Replacement Reserve and making it a Corporate Procedure will more accurately reflect its intent as an administrative and operational tool.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 68 |
SA17.211 June 2017 Quarterly Budget Review
HPERM Ref: D17/258582
Group: Finance Corporate & Community Services Group
Section: Finance
Attachments: 1. Quarter Review Report - June 2017 (under separate cover) ⇨
Purpose / Summary
In accordance with Regulation 203(1) of the Local Government (General) Regulation (2005), the responsible accounting officer must prepare and submit to Council a budget review statement after the end of each quarter. This has been carried out for the fourth quarter of the 2016/17 financial year.
That Council 1. Receive and endorse the June Quarterly Budget Review Report and budget “Carry Forwards”; 2. Adopt the Revotes, as recommended in the June Quarterly Budget Review document
|
Options
1. Adopt the recommendation
Implications: Nil
2. Not adopt the recommendation and make an alternative resolution
Implications: Staff will need to rework the quarterly budget review in accordance with the alternative resolution.
Background
The budget review involves an analysis of Council’s annual budget for each Group to confirm the revoting of funds to 2017/18. This process has been undertaken for the period to 30 June 2017 and any changes have been reported in the Quarterly Budget Review Document. This report also analyses the progress of each group in achieving their financial objectives.
2016/17 Budget Results
General Fund
Summary of General Fund 2016/17 Budget Result
In its General Fund, Council’s underlying position at the end of the financial year was softer than expected at the start of the year. While there was a shortfall in capital grants and contributions, this was partly offset by the advance part payment of the 2017/18 Financial Assistance Grant. Despite the shortfall of revenue, the increase in expenses was largely due to the inclusion of an extra week’s employee benefits expense than budgeted (53 weeks vs 52 weeks) and increased spend on maintenance over the year.
The combined impact of these factors is reflected in the table in the difference between the Net Operating Result and the Operating Result before Capital Grants and Contributions and the deterioration in operating performance and unrestricted cash movement between the Adjusted Budget and the expected year-end Actuals:
The impact of these factors is also reflected in the Indicators for the General Fund, with the Underlying Operating Performance Ratio below that of 2015/16 but an expected improvement to the Asset Maintenance Ratio.
It is important to remember that the above indicators are preliminary results only. Year end adjustments relating to the discounting of employee leave entitlements, adjustments to provisions and other year end reconciliations and movements will affect the final results and the final indicators for the 2016/17 financial year. These results will be audited and published in Council’s Annual Financial Statements.
Income
As at 30 June, General Fund achieved 92.0% of the Adjusted Budget at June. Removing the impact on income of the $5.86M advance payment of the Financial Assistance Grant, General Fund ended the year at 91.8% of the Adjusted Budget.
The key reason for the underperformance on income was a shortfall of $16.8m for capital grants and contributions. These grants were approved in 2016/17 but will not be received till 2017/18 and are included among the carry forwards.
Ignoring the budget lines for income recorded as capital grants and contributions and for net gains form the disposal of assets (+$2m), General Fund ended the year close to the March revised budget (98.4%).
Operating Expenditure
General Fund ended the year at 101% of the June Adjusted Budget.
The main reason for this result was the realignment of the treatment of salary expense over the financial year (53 weeks) compared to a budgeted expense for 52 weeks, adopted at the time to faciltate comparision to prior years. The change in treatment was adopted to better align with accounting standards; the impact of the change contributed approximately $1.2M or 0.5% to operating expenses in 2016/17.
Non-Operating Expenditure
Council’s delivery of capital works for General Fund has steadily increased over the last three years. During the 2014/15 financial year, Council capitalised $46.5M of capital works. The preliminary results for General Fund indicate a capitalisation of $52.6 million.
Despite the growth in Capital Expenditure over time, it is 56% of the June Adjusted Budget (excluding commitments) at 30 June 2017, largely due to project delays. The main reasons are:
· Delay in the contract for Council’s new business system ($2.4M)
· Shoalhaven Indoor Sport Complex ($3.2M) Package tenders have been let. Additional funding in 17/18 financial year for project to be undertaken.
· Ison Park amenities upgrade ($685K). Practical completion estimated during the first quarter of 17/18.
· Livvi’s place Mollymook access playground ($876K). Practical completion during second quarter of 17/18
· Ulladulla Netball courts currently going to tender ($277K). Works to be completed ahead of the 17/18 Netball season
· Ratepayer funded works in Jerberra estate ($3M).
· Flinders Road ($6.4M). There have been delays with design and relocation of utilities. A time extension was approved by both State and Federal Governments to permit the project to span multiple financial years. Estimated completion is December 2017.
· Assorted movements between operational and capital budgets, to better align the type of spend between the categories ($6M)
Works in Progress – 2016/17
Carry forward projects are works spanning more than one financial year that were substantially commenced in 2016/17. The projects only need to be noted by Council.
The net carry forwards for General Fund for 2016/17 total $15.2M.
The increase in revenue carry forwards is related to capital grants and the timing of year-end processes. A reconciliation is in progress for all grants and, when completed, the grant amounts owing will be charged to deferred debtors for collection.
Some of the major projects being carried forward are:
Project |
Amount |
Comment |
Flinders Road full length widening |
$6.4M |
Works progressing |
Shoalhaven Indoor Sport Centre construction |
$3.2M |
Contracts awarded |
Corporate Business Systems |
$2.9M |
Contract under negotiation |
Naval College Road widening |
$953K |
Works progressing |
Turpentine Road Black Spot |
$766K |
Works nearing completion |
Lake Conjola Boardwalk |
$556K |
Works nearing completion |
Worrigee Streetscape upgrade |
$510K |
Works progressing |
Pedestrian Signals Princes Hwy and Junction St |
$296K |
Design finalised with RMS |
Grey’s Beach boat ramp |
$257K |
Works commenced |
Croziers Road bridge replacement |
$197K |
Contract awarded |
A full list of the projects being carried forward can be found in the main Quarterly Budget Review document.
Asset Sales
Asset sales are at 96% of the June Adjusted Budget, with sales of industrial lands exceeding forecast, partly offset by less than expected asset sales associated with landfill and transfer station operations.
Revotes – 2016/17
Revoted projects are those with no (or minimal) expenditure in 2016/17. These require formal adoption by Council to continue funding into the 2017/18 financial year. The net revotes for General Fund are $2.1M.
Some of the significant projects included in the revotes are:
· Tourism Unspoilt Campaign (joint project) $474K. This amount is the sum of all Councils in the South Coast for the marketing campaign. It has a grant approved, dollar for dollar, from Destination NSW.
· Frogs Holla Sporting Complex – Wastewater upgrade $100K. The design has been finalised after significant rock was found in the first design.
· Branch Out Library Grant $140K
· Human Resources (3 projects) $160K. A Salary System review ($50K) is the first project, and has already commenced. The second project ($60K) is for a Leadership development program and the final project is a Learning Mangement System ($50K) where software is being reviewed.
A full list of the projects being revoted can be found in the main Quarterly Budget Review document.
Water Fund
Summary of Water Fund 2016/17 Budget Result
The budget adopted by Council produced an operating profit of $1M, an operating profit before Capital Grants and Contributions of $27K and an increase in cash and cash equivalents of $8.7M. The preliminary results at year-end are favourable, with operating income exceeding adjusted budget and operating expenses on target. The capital program is progressing well with a number of projects substantially underway at year end.
The following indicators are preliminary results only. Year end adjustments relating to the discounting of employee leave entitlements, adjustments to provisions and other year end reconciliations & movements will create the final results and the final indicators for the 2016/17 financial year. These results will be audited and published in Council’s Annual Financial Statements.
Actual spend on capital works for the Water Fund has been steady for the last two years. Large projects undertaken this year include: Porters Creek dam remediation, mains replacement program and the meter replacement program.
The June Quarterly Budget Review Statement details the recommended budget adjustments with comments on these adjustments and any significant variances. Below is a summary of the adjustments and results to date.
Income
As at 30 June, Water Fund has achieved 112% of the revised budget. This variance of $3,418M is mainly due to an increase in water consumption with warmer weather and higher interest income.
The June Quarterly Budget Review Statement recommends an increase of $979K. This adjustment mainly relates to the increased number of section 64 contributions received in the last quarter.
Operating Expenditure
Water Fund is on target with operating expenditure at 99.8% of the revised budget.
A decrease of $182K is recommended for this review. This decrease mainly relates to a transfer between water and sewer fund for shared business services of $191K.
Non-Operating Expenditure
Capital Expenditure as at 30 June is 77% of the revised budget (excluding commitments).
The original Water Fund capital budget was $22,489K. This was revised during the year to $17,563K. The final expenditure for the financial year was $13,491K, which represents 77% of the revised budget. A carry forward of $3,090k is required for this review. The carry forward relates to the Burrill Lake to Lake Tabourie water main replacement and a number of smaller capital projects.
Carry forward projects for the Water Fund have been:
2015/16 2016/17
Non-Operating Expenditure $1,038K $3,090K
Asset Sales
Asset sales is at 93% of the revised budget. There is an adjustment of $156K recommended to the Water Fleet Reserve as sales proceeds exceeded forecast.
Sewer Fund
Summary of Sewer Fund 2016/17 Budget Result
The budget adopted by Council produced an operating profit of $12.2M, an operating profit before Capital Grants and Contributions of $11.2M and a reduction in cash and investments of $6M. The preliminary results at year-end are favourable, with the operating result exceeding adjusted budget. The capital program is progressing well with an adjustment of $1,929K required to non-operating expenditure to be carried forward to 2017-18.
The following indicators are preliminary results only. Year end adjustments relating to the discounting of employee leave entitlements, adjustments to provisions and other year end reconciliations & movements will create the final results and the final indicators for the 2016/17 financial year. These results will be audited and published in Council’s Annual Financial Statements.
Actual spend on capital works for the Sewer Fund has substantially increased in 2017. The large projects undertaken this year include: REMs and the trunk main at Milton/Ulladulla.
The June Quarterly Budget Review Statement details the recommended budget adjustments with comments on these adjustments and any significant variances. Below is a summary of the adjustments and results to date.
Income
As at 30 June, Sewer Fund has achieved 103% of the revised budget. This variance of $1,596K is mainly due to the following:
· Wastewater availability and usage increased due to new assessments
· Trade waste income increased with higher usage
· Reforecasting of interest received, due to changes in the timing of capital disbursements.
An increase of $1,231K is recommended for this review. This adjustment mainly relates to the increased number of section 64 contributions received in the last quarter.
Operating Expenditure
Operating Expenditure as at 30 June is 96%. This variance of $1,454K is largely reflected in the operations and maintenance of mains, pumping stations and treatment works.
An adjustment of $432K is recommended for this review. The major adjustments include a transfer between water and sewer fund for shared business services of $191K and interest on loans.
Non-Operating Expenditure
The original sewer capital budget was $71,499K. This was revised during the year to $38,185K. The final expenditure for the financial year was $35,567K, which represents 93% of the revised budget. A carry forward of $1,929K is required for this review. The carry forward mainly relates to the REMs project.
Carry forward projects for the Sewer Fund have been:
2015/16 2016/17
Non-Operating Expenditure $2,733K $1,929K
Asset Sales
Asset sales are at 100% of the revised budget. An adjustment of $77K is recommended to the Sewer Fleet Reserve as sales proceeds exceeded the forecast.
Council’s Groups
General Manager’s Group
The recommended budget changes, revised budget and result to date for the General Manager’s Group are summarised below, details of the adjustments and variances are included in the June Quarterly Budget Review Statement.
General Manager’s Comments:
Overall a favourable result. Revenues achieved were close to the Adjusted budget. Actual Operating expenditure was less than budget. Asset Sales exceeded projections which has increased the Land Development Reserve for future subdivision stages at Flinders and Woolamia, which are planned to proceed in 2017/18.
Finance, Corporate and Community Services
The recommended budget changes, revised budget and result to date for the Finance, Corporate and Community Services Group are summarised below, details of the adjustments and variances are included in the June Quarterly Budget Review Statement.
Group Director’s Comments:
Our swimming pools have had a fabulous summer, with the exceptional weather generating a significant increase in revenue. Additionally, the new pool at Nowra has attracted new customers to the facility. An ongoing cost reduction initiative across all major pools has seen reduced operational costs during the year and allowed for lower budgeted costs for 2017/18.
The capital projects (non-operating expenditure) being delivered have not progressed as quickly as planned due to a number of factors. The Carry Forward projects are listed earlier in this report.
Planning, Environment and Development Services
The recommended budget changes, revised budget and result to date for the Planning, Environment and Development Services Group are summarised below, with details of the adjustments and variances are included in the June Quarterly Budget Review Statement.
Group Director’s Comments:
The revotes/carry forwards relate mainly to grants. Income not yet received and expenditure that has been recently committed is tied to grants such as the Shoalhaven Flood Levee repairs and the Lower Shoalhaven and St Georges Basin Flood Studies.
The end of year result for the group, although assisted by greater than expected income has resulted in an overall net increase in costs of approximately $482,000. This is attributable, in part, to the following factors:
· High levels of development activity, staff shortages and legal cases have required the engagement of fixed-term officers and contract planners/building surveyors to keep the applications and appeals running at acceptable levels. These costs exceed $370,000 but were offset in part by additional income.
· We have been involved in extensive legal cases many in relation to appeals with resultant legal expenses exceeding budget estimates by $265,000.
· There was higher than average public liability/workers compensation costs in the group that exceeded budget by over $120,000.
· There has been an increase in costs in the Ranger Section due to both due to additional commmittments at Christmas (eg. Hyams Beach), activities at the Nowra Showground and the accelerated approach to barking dogs (which was not successful in securing additional funding in 17/18 budget), together with increased direct charges from NSW Government for penalty notice management which was previously deducted from income received. These additional costs exceed $100,000.
It has been difficult to maintain satisfactory levels of customer service with the level of development activity currently being experienced, which would have suffered more significantly, if these actions had not been undertaken.
Small Lot Rural Subdivision
Nebraska Estate: $69,333 remains for progressing rezoning investigations.
Verons Estate: The $150,000 borrowed in 2006 to fund the rezoning investigations has been fully spent. A total of $25,000 has now been transferred from the Strategic Planning Consultants budget, which has been over spent by $1,413. This will need to be recouped from the landowners at a later date. Further transfer(s) may be necessary to complete the project.
Road investigations and construction: The balance of the roadwork design budget for Nebraska Estate for 2016/2017 is $10,646. The balance of the construction budgets for Jerberra, Verons and Nebraska Estates for 2016/2017 are $2.94M, $4,351 and $13,519 respectively.
Assets and Works
The recommended budget changes, revised budget and result to date for the Assets and Works Group are summarised below, details of the adjustments and variances are included in the June Quarterly Budget Review Statement.
Group Director’s Comments:
Revenue for the group is tracking close to budget. There is an increase in grants funds and this has seen an increase above the forecast budget in roads and traffic areas.
Operating expenditure is tracking well and each Section of the Assets and Works Group operated close to budget, with operational expenditure being 102% of budget at $135.6M.
A significant capital program was delivered in 2016/17 at $51M. Major capital projects completed included Turpentine Road, while others that were grant funded commenced, such as the upgrade of the full length of Flinders Road (Federal Blackspot and Heavy Vehicle Productivity). Despite significant wet weather periods, a number of major road upgrades have been completed such as Albatross Road, Greenwell Point Road stage 1, Culburra Road and Beach Road renewal.
Another key project is the Shoalhaven Indoor Sports Centre. Zauner construction have been undertaking the procurement of Trade packages and these have been endorsed by Council with a construction budget of approximately $10.7M allocated by Council for 2017/18. The fit-out budget is required.
The Lake Conjola boardwalk is nearing completion and the northern Ulladulla Harbour boat ramp upgrade and jetty continues.
Stormwater Levy
Spending against the Stormwater Levy is 64% of budget.
Group Director’s Comments:
Major works were recently completed on James Crescent at Kings Point. Two key projects have been tracking behind the target completion dates. One is Bolong Road drainage at Bomaderry, due to the significant utilities and complex construction, and the second one is St Andrews Way, Coolangatta, due to land matters.
Special Rate Variation
Spending against the Special Rate Variation is 54% of budget.
Group Director’s Comments:
Renewal and funding of the full scope of Sussex Inlet streetscape was resolved by Council through the adoption of the additional funds from the new Special Rate Variation in 2017/18, and the full package of works is now being tendered. Coolangatta Road and Naval College Road works are under construction by contractors and are tracking well. Matron Porter Drive path also continued with construction in the direction of Mollymook. This will create a link between the villages.
Shoalhaven Water
The recommended budget changes, revised budget and result to date for the Shoalhaven Water (General Fund) Group are summarised below, with details of the adjustments and variances are included in the June Quarterly Budget Review Statement.
Group Director’s Comments:
The Shoalhaven Water General Group is operating on target, with revenue at 106% of budget and operational expenditure at 97% of budget. The increase in operating income and operating expenditure relates mainly to the communication towers.
Water Fund
The recommended budget changes, revised budget and result to date for the Shoalhaven Water (Water Fund) Group are summarised below, with details of the adjustments and variances are included in the June Quarterly Budget Review Statement.
Group Director’s Comments:
The Water Fund result was positive for Council, with the operational expenditure at 99.5% and revenue higher than current revised budget. The adjustment to revenue relates to Section 64 income tracking higher than expected with increasing developer activity. The variance in income of $3,418K is reflective of higher interest income, water usage due to drier weather conditions this year and section 64 income from high development activity. The capital program is at 93% of budget and requires an adjustment of $397K this quarter. These adjustment mainly relates to the transfer of funds from the plant reserve to purchase essential equipment. A carry forward of $3,090K is required.
Sewer Fund
The recommended budget changes, revised budget and result to date for the Shoalhaven Water (Sewer Fund) Group are summarised below, with details of the adjustments and variances are included in the June Quarterly Budget Review Statement.
Group Director’s Comments:
The Sewer Fund result was positive for Council, with operational expenditure at 96% of budget and revenue above the current revised budget. The adjustment to revenue relates mainly to Section 64 income tracking higher than expected with increased developer activity, new connections and trade waste income from higher usage. The adjustment to operating expenses relates mainly to an adjustment to the reallocation of administration expenses from the Water Fund. The capital program is at 98% of the revised budget and requires a small adjustment this quarter. These adjustments mainly relate to the transfer of funds to the Sewer Fund plant reserve. A carry forward of $1,929k is required.
Financial Implications
The June Review has resulted in a projected cash deficit budget for General Fund only. Council will need to be mindful of the situation and not introduce new works or services unless a funding source is clearly identified.
Council may also need to review its methods of funding in light of the June Review result.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 87 |
SA17.212 Proposed Sale of Land - Lot 2 DP1217124 - Wire Lane, Berry
HPERM Ref: D17/220985
Group: Assets & Works Group
Section: Business & Property
Attachments: 1. Area Plan - Lot 2 DP 1217124 ⇩
Purpose / Summary
To seek approval from Council to advertise and negotiate the proposed sale of Lot 2 DP1217124 Wire Lane, Berry to the adjoining owner Merveilleux Pty Ltd (refer Attachment 1).
That Council: 1. Advertise its intention to sell Lot 2 DP1217124 Wire Lane, Berry to the adjoining land owner, Merveilleux Pty Ltd, on the condition that land is consolidated with its adjoining land in Lot 14 DP253806; and 2. Receive a further report in due course regarding the sale and finalisation of the sale terms and conditions. |
Options
1. Resolve as recommended.
Implications: The proposed sale of this land to the adjoining owner will be advertised as required by current policy.
2. Not resolve as recommended.
Implications: Council will continue to own land which is surplus to requirements and continue to meet all costs associated with the land indefinitely.
3. Provide further direction to staff and propose an alternative.
Background
The subject land was formed by way of road closure notified in NSW Government Gazette No. 65 dated 19 August 2016 (Folio 2280).
The land is freehold, classified “operational”, 1.01 ha in area and is zoned RU4 – Primary Production under Shoalhaven LEP 2014.
The land is heavily effected by an overhead powerline and drainage easements, planning restictions (no building entitlement) and is quite narrow.
The land was identified as being available for disposal in Council report dated 4 October 2016, details were conveyed as follows:
“The sale of Lot 2 DP1217154 being 1.014ha on the eastern side of Wire Lane will be considered in a separate report (the adjoining owner has expressed an interest in purchasing the land).”
The adjoining owner of Lot 14 DP253806, Merveilleux Pty Ltd has recently confirmed its interest in purchasing this land.
During the advertising period, Council will begin negotiations with Merveilleux Pty Ltd to finalise the terms of any sale including price.
Consultant valuers have been instructed to assess the current market value of the land on the basis of it being sold to the adjoining owner and consolidated with its adjoining land. The valuation will be used as a guide in negotiating a price for the land.
The proposed sale of this land was referred to the various Sections/Operational Units within Council in July 2017 for comments/objections and no objections were received.
Community Engagement
The proposed sale of this land is considered to be a local area low impact issue as outlined in Council’s Community Engagement Policy and Handbook and appropriate community consultation will occur.
Consultation will include newspaper advertising of the proposed sale in the South Coast Register and notification on Council’s website. Any objections received will be considered and resolved before a report is prepared to proceed with the sale.
Financial Implications
The proposed sale of this land will generate additional income for Council and this will be placed in the Property Reserve for furture road acquisitions and/or works on public roads in accordance with the provisions of the Roads Act 1993.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 90 |
SA17.213 Update on Cambewarra Road properties acquired for the Shoalhaven Community & Recreational Precinct
HPERM Ref: D17/226920
Group: Assets & Works Group
Section: Business & Property
Purpose / Summary
To seek Council approval on the proposed interim use of the properties in Cambewarra Road, Bomaderry pending further funding availability to redevelop the sites which have been identified for the future sports precinct.
That Council: 1. Lease, at a market rental, determined by valuation in accordance with the residential tenancy Act 2010: (a) 109 Cambewarra Road, Bomaderry (b) 111 Cambewarra Road, Bomaderry (c) 111a Cambewarra Road, Bomaderry (d) 113 Cambewarra Road, Bomaderry 2. Grant authority to the General Manager to sign any documents necessary to give effect to this resolution; and 3. Engage Integrity Real Estate to manage the properties on behalf of Council.
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Options
1. Adopt the recommendation.
Implications: The properties will be rented under residential tenancy agreements as and when the former owners vacate, thus providing a financial return to Council until the properties are required for redevelopment.
2. Not adopt the recommendation and provide further direction to staff.
Background
Council resolved at its Ordinary meeting on the 23rd May 2017 (MIN 17.469) in part to:
“6. That a further report be provided to Council on the option for an interim use of the properties, once aquired, and pending further funding availability to redevelop the site in accordance with the adopted Master Plan.”
All four properties have exchanged, with 111a Cambewarra Road, Bomaderry simitaneoulsy settling on the 14th June. Proposed settlement dates for the other properties are:
· 109 Cambewarra Road, Bomaderry – 21st July
· 111 Cambewarra Road, Bomaderry – 1st August
· 113 Cambewarra Road, Bomaderry – 3rd August
· 113 Cambewarra Road, Bomaderry will be the only property providing vacant possession at settlement. The other three including 111a will continue to be occupied under licence by the former owners until alternative properties are bought and equipped for occupation.
Two owners have secured alternative properties, but all three have requested continued occupation for periods ranging from 2 months to 12 months.
Community Engagement
No community consultation has been undertaken in repect to leasing the properties. These four properties were acquired for the future sports precinct and are shown to be impacted by the future masterplan.
Financial Implications
Leasing the properties under residential tenancy agreements will provide a financial return to Council until the properties are required for redevelopment for the Sports Precinct.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 92 |
SA17.214 Classification of Shared Cycleway / Footpath - Lot 8 DP1214563 - Matron Porter Drive, Narrawallee
HPERM Ref: D17/240096
Group: Assets & Works Group
Section: Business & Property
Attachments: 1. Plan - Lot 8 DP1214563 ⇩
Purpose / Summary
To classify the land described as Lot 8 DP1214563 at Matron Porter Drive, Narrawallee as Operational Land (Attachment 1).
That Council resolve to classify the land described as Lot 8 DP1214563 at Matron Porter Drive, Narrawallee as Operational Land.
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Options
1. Resolve as recommended.
Implications: The land will be able to be used for its intended purpose (shared cycleway / footpath). If any objections are received prior to the close of submission on 17th August 2017 these will be raised at the meeting.
2. Not resolve as recommended.
Implications: The land will default to Community Land and then be subject to the Community Land provisions as outlined in the Local Government Act 1993 (LGA93).
3. Provide further direction to staff and propose an alternative.
Background
Lot 8 DP1214563, located at Matron Porter Drive, Narrawallee was acquired for a shared cycleway / footpath.
Section 31(2) of the Local Government Act, 1993 (LGA93) provides that before Council acquires land, or within 3 months after it acquires land, Council may resolve to classify it.
There are two Classification available:
1. Operational Land – land which Council owns as a business entity and upon which it conducts Council business, and
2. Community Land – land in Council’s ownership which is held for and on behalf of the Community – subject to the Community Land provisions of LGA93.
A resolution of Council, within the time frame prescribed in LGA93, is required to finalise the classification of land as Operational. Should the classification process not be completed the land will default to Community Land.
Community Engagement
In accordance with Section 34 of LGA93, a public notice of Council’s intention to classify the land as Operational was placed in the local press 19th July 2017 allowing 28 days for written submissions closing 17th August 2017. At the time of writing this report no submissions have been received, however any submissions received prior to the closing time will be reported to the Committee meeting.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 95 |
SA17.215 Council Policy Review - Property Services
HPERM Ref: D17/243337
Group: Assets & Works Group
Section: Business & Property
Attachments: 1. POL16/113 ⇩
Purpose / Summary
To consider adoption of “Acquisition of Land by Shoalhaven City Council Policy (POL16/113)” as a public policy (Attachment 1).
Recommendation (Item to be determined under delegated authority) That Council adopt the “Acquisition of Land by Shoalhaven City Council” (POL16/113) as a public policy with minor amendments.
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Options
1. Adopt Recommendation as stated.
Implications. Adoption of the existing acquisition of land policy as a public policy provides added transparency to Council’s dealings in relation to land acquisitions.
2. Propose an alternative and provide further direction to staff.
Background
The “Acquisition of Land by Shoalhaven City Council Policy” (POL16/113) is currently listed as a corporate policy. To deliver transparency in dealings relative to Council’s acquisition of land process, it is considered appropriate that the current policy be confirmed as a public policy with minor amendments
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 99 |
SA17.216 Proposed Sale of Land - 10 Jopejija Crescent, Culburra Beach
HPERM Ref: D17/244040
Group: Assets & Works Group
Attachments: 1. Aerial View ⇩
2. Easement to be Extinguished ⇩
Purpose / Summary
To consider a recommendation to authorise the sale of vacant land at Lot 1 DP579906, 10 Jopejija Crescent, Culburra Beach as shown in aerial view at Attachment 1.
That Council: 1. Advertise its intention to dispose of 10 Jopejija Crescent, Culburra Beach (Lot 1 DP579906) in accordance with Policy 16/256 (Development and/or Disposal of Council Lands), and if no objections are received, authorise the sale of the property by public auction; 2. Authorise the General Manager to set the auction reserve (based on valuation advice) and to finalise the terms of a sale within 10% of the reserve or list price in the case of a private treaty sale if the property fails to sell at auction; 3. Fund all costs associated with the sale of 10 Jopejija Crescent, Culburra Beach from Job Number 88823 and the net income from the sale be placed in the Strategic Property Reserve; 4. Resolve to extinguish the easement for water supply 2 wide and 4 wide over Lot 10 DP261880 at Culburra Beach; 5. Fund all costs associated with pipe removal and easement extinguishment of Lot 10 DP261880 from Job Number 18850; and 6. Authorise the General Manager to sign all documents 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.
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Options
1. Adopt the recommendation as written.
Implications: The proposed sale will be advertised and if no objections to the sale of the property are received it will go to auction. The property is surplus to operational needs and will generate additional income for Council.
2. Not adopt the recommendation and provide further direction to staff.
Implications: The property will be retained with Council responsible for ongoing maintenance and property related costs.
Background
The subject property comprises a single parcel of vacant land described as Lot 1 DP579906 and is 929 sqm in area. The land is classified Operational with a zoning of R2 Low Density Residential under Shoalhaven LEP 2014.
This property was acquired in 1976 for a water reservoir, with underground connections installed, but no reservoir was ever built. The property is a large and regular shaped allotment of well drained clay based soil.
Access to the property is via a well maintained bitumen driveway that services the adjoining property, 27a Broadview Ave. A Right of Carriageway exists over this driveway in favour of the subject property. Electricity, telephone, town water and sewer are available for connection.
There is no known contamination on the site nor any other environmental constraints. There is however significant encroachment of an adjoining property’s garden space with several large pine trees planted well within the property boundary.
Shoalwater have confirmed that the property is surplus to current and future operational needs. They have endorsed the sale as the ongoing maintenance and encroachment issues have become a burden on their operational team.
To prepare the property for sale, Council will remove all underground pipes associated with water reservoir use and cap same at the South-East boundary. Shoalwater operations have confirmed that they will undertake this work and this be funded from Property Unit’s Job Number 88823.
Easement
There is an associated redundant asbestos water pipe running through the rear of the adjoining 27a Broadview Ave, Culburra Beach. It is proposed that this redundant pipe be removed concurrently with those on 10 Jopejija to avoid duplication of works and to minimise disruption to the adjoining owner. Shoalwater have confirmed that they will undertake this work and this be funded by Shoalhaven Water. Both the pipe and the easement housing this pipe (see Attachment 2) are obsolete and no longer required by Council.
Community Engagement
The proposed sale of the subject land is considered to be a local area low impact issue as outlined in Council’s Community Engagement Policy. There will be an appropriate level of community engagement before the property is offered for sale and this will include newspaper advertising, notification on Council’s website and advice to the local CCB.
There are six adjoining property owners, all of whom will be individually contacted and notified of Council’s intention to dispose of this Lot.
Financial Implications
The proposed sale of this land will generate additional income for Council to be set aside for future land development and disposal projects. This represents potential for an improved return on assets which is considered to be in the best interests of the wider community.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 103 |
SA17.217 Crown Lands Negotiation Program
HPERM Ref: D17/244525
Group: Assets & Works Group
Section: Business & Property
Purpose / Summary
To advise Council of the Crown Lands Negotiation Program, the next phase in the legisative reform process associated with the Crown Lands Management Act 2016.
Recommendation (Item to be determined under delegated authority) That the report be received for information.
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Options
1. Adopt the recommendation
Implications: Council is able to receive advice on the Crown Lands Negotiation Program, the next phase in the legisative reform process associated with the Crown Lands Management Act 2016.
2. Propose an alternative and provide further direction to staff.
Background
The legislative reform process which led to the passing into legislation of the Crown Lands Management Act 2016 in November 2016, has been the subject of a number of reports to Council including the most recent update in a report to Strategy & Assets Committee on 13 June 2017 (D17/151835).
Council has been actively engaged in this process through:
a. A detailed submission on the Crown Lands White Paper in June 2014 (D16/191670);
b. Lodgement of a submission with the then Minister For Natural Resources, Lands and Water which asked that Shoalhaven City Council be considered as a participant in the proposed pilot program to consider the preferred management outcomes in relation to Crown lands in New South Wales (D14/135706); and
c. The making of a submission to the Upper House enquiry into Crown land (D16/215722) and the giving of sworn evidence by the General Manager to the Upper House enquiry held in Nowra in August 2016.
The Minister chose not to invite Shoalhaven City Council to participate in the initial pilot program and went ahead with the pilot with Tweed, Tamworth, Northern Beaches (formerly Manly, Warringah and Pittwater Councils) and Federation (formerly Corowa and Urana Shires) Councils. The initial pilot program continues and is now actively involved in the Crown Lands Negotiation Program to determine how best Crown land can be managed including identification of the most appropriate land holder to achieve the most positive social, economic, cultural and environmental benefit for the people of NSW whilst retaining land of State significance.
The Minister for Lands and Forestry has now written to all Councils and local aboriginal land councils inviting participation in the next phase of the Crown Land Negotiation Program with a specific request that Council consider submitting an expression of interest (EOI) for that purpose (D17/228566).
The program involves a voluntary multi-party land assessment and negotiation in areas within NSW between the NSW Government, the NSW Aboriginal Land Council, the relevant Local Aboriginal Land Council (there are four in the Shoalhaven including Jerrinja, Nowra, Ulladulla and Batemans Bay) and local government council.
The EOI can be lodged by Council alone or as a joint submission with one or a number of the local area aboriginal land councils. The application is to be lodged on-line with a closing date Friday 18 August at 5pm. It is anticipated that up to six new areas will be added to the negotiation program each year commencing in this current financial year.
The invitation to submit an EOI for participation in the Crown Lands Negotiation Program was considered at a meeting of staff on 19 July 2017 when it was decided to make contact with all four (4) local Aboriginal land councils to determine their level of interest in joining with Council in the submission of a joint EOI as has been strongly advocated by the Minister:
a. The goal of the program is to ensure that Crown land is held by the most appropriate landholder to achieve the most positive social, economic, cultural and environmental benefit for the people of NSW by:
i. Recognising the importance of land to Aboriginal people and supporting sustainable spiritual, cultural, environmental and economic benefits for Aboriginal people by transferring appropriate Crown land to Local Aboriginal Land Councils through Aboriginal Land Agreements.
ii. Recognising the best use of Crown land by local communities by transferring appropriate locally significant land to local councils under the Crown Lands Act for their ownership and management under the Local Government Act (LOCAL LANDS).
iii. Supporting the continuing beneficial use of state significant land by all people of NSW by identifying and retaining ownership and management of appropriate Crown land under the Crown Lands Act (STATE LANDS).
iv. Delivering greater certainty to the NSW Government about Crown land in NSW.
b. The program will involve voluntary multi-party land assessment and negotiation between the NSW Government, the NSW Aboriginal Land Council, the relevant Local Aboriginal Land Council and the relevant local government council.
c. The Minister has written to Local Aboriginal Land Councils inviting EOIs to participate in the program.
d. The Local Aboriginal Land Council(s) and local government council may wish to make joint applications (the Minister encourages joint applications).
Jerrinja and Nowra Aboriginal Land Council have responded positively and Council await feedback from the other land councils.
The consensus view is that Shoalhaven City Council should pursue “a seat at the table” to participate in the Crown Lands Negotiation program sooner rather than later so that Council is able to seek clarity around all of the reforms offered by the Crown Lands Management Act 2016, to understand all of the implications associated with the definition of State significant and local land, to develop a robust working relationship in good faith with the local Aboriginal Land Councils and to introduce an element of certainty about managing the part of the Crown estate considered to be the responsibility of local government as a result of agreements which arise from the negotiation program.
Shoalhaven City Council should be well regarded in terms of the characteristics of the LGA which recommend it for inclusion in the negotiation program:
· It has 33,000ha of Crown land (7% of the LGA);
· It has two (2) coastal harbours at Greenwell Point and Ulladulla;
· It has twelve (12) Holiday Parks on Crown land;
· It has 111 Crown reserves under trust management;
· It has 59 Crown reserves under care, control and management;
· There are 631 Crown land tenures within the LGA;
· It has Jervis Bay State Park;
· It has eleven (11) cemeteries on Crown land; and
· It has about 800km of Crown roads within the LGA.
It is acknowledged that participation in this program will, more likely than not, require a commitment by Council in terms of resource allocation. Whilst staff can have informal discussions with Crown land personnel about the resourcing requirements apparent from the work of the initial pilot program, there is an element of secrecy surrounding that program because it is understood that the participants are bound by confidentiality agreements.
Initially, Council can be represented in the negotiation program by say two (2) senior staff (perhaps with assistance from one or a number of their own staff) provided that the adequacy of such an arrangement is kept under constant review and that Council will undertake to consider alternative resourcing should the need arise.
It should be noted that there will be a requirement that participants in the negotiation program have authority delegated to them to make decisions and to bind their respective organisations to those decisions although it is acknowledged that further clarification on these types of governance issues must first be obtained.
Council is well paced to make this commitment given the significant amount of work already carried out on the strategic review of land holdings within the LGA including Crown land.
Council will make an application for inclusion in the Crown Lands Negotiation Program (applications close 18 August) and use its best endeavours to secure an agreement(s) with the local Aboriginal land councils that the land councils partner with Council in seeking approval to participate in the program in 2107/18.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 106 |
SA17.218 Better Boating Now - Round Two Projects
HPERM Ref: D17/254020
Group: Assets & Works Group
Section: Asset Management
Attachments: 1. Better Boating Now Funding Program Round 2 - Mail Merge ⇩
Purpose / Summary
To recommend projects for funding under Round Two of Transport for NSW Better Boating Now Program noting that the funding closing date is 20 August 2017.
Options
1. Adopt as recommended
2. Nominate an alternative priority list
Implications: The projects must have high community benefit value to be supported by Transport NSW.
Background
Transport for NSW has called for nominations for projects for funding under Round Two of the NSW Better Boating Now Program.
Projects funded under Round One were:
Location |
Project |
Greys Beach North Nowra |
Upgrading of boat ramp manoeuvring area and provision of additional pontoon (in progress) |
Woollamia |
Provision of floating pontoon and walkway (in progress) |
Huskisson |
Upgrading of main wharf and provision of floating pontoon |
Dent Street Huskisson |
New paddle craft launching facility (in progress) |
Sanctuary Point |
New boat launching ramp and car park |
Sussex Inlet |
Upgraded car park at Lions Park boat ramp |
Fishermans Paradise |
New pontoon (in progress) |
Lake Conjola West |
Detailed design of a new boat launching facility |
Aney Street Lake Conjola |
Concreting of natural launching ramp and walkway (in progress |
Ulladulla Harbour North |
Upgraded boat launching ramp and walkway (in progress) |
$3,748,000 of Council works were funded by Round One (from a total funding pool of $35M) with Shoalhaven City Council being the highest recipient of funding in NSW.
A budget of $17 million has been budgeted by the State Government for Round Two. If funding was distributed on a similar basis to last year, Council could receive in the vicinity of $1,900,000 for boating projects.
Applications for funding under Round Two will be assessed against the following criteria:
1. Impact on boating experience including:
· whether the project was identified as a priority project during consultation on the Regional Boating Plans, but was not funded under Round One
2. Value for money including:
· estimated project cost and level of financial and/or in-kind contribution from the applicant
3. Capability, capacity and timeframe to deliver the project
Recommended Priority Criteria
A) Completion of unfinished Round One projects due to budget shortfall
This includes:
· Woollamia Regional Boat ramp - Provision of a 3rd launching lane and dividing pontoon which is considered as of being a high priority.
· Ulladulla Harbour North – In response to community consultation detailed design was completed for provision of an additional low level landing at the existing jetty however these items could not be included within the current budget allocation. Due to the impending completion of the upgraded adjoining boat ramp, these works are not considered to be of a high priority relative to other projects.
B) Projects identified and unfunded in Round One of the Regional Boating Plan
The following projects are identified as priority projects by Transport for NSW:
· Shoalhaven Heads (Wharf Road) upgrade and pontoon, noting that the existing ramp is in poor condition
· Callala Bay Boat ramp widening, noting that the existing two lane ramp is too narrow and there is a disconnect with the adjacent jetty.
· Myola ramp widening and pontoon, noting that the toe of the ramp has experienced structural failure. Site specific consultation has been undertaken and agreement has been reached on the proposed scope of works with the relevant CCBs for these 3 projects.
C) Projects that are shovel ready (design completed)
These projects are:
· Lake Conjola (Havilland Street) – New facility. Whilst this project has strong community support, it may not be considered as value for money due to the high capital cost relative to other projects
· Berringer Lake – Foreshore car and boat trailer parking upgrade has the support of the local CCB
Community Engagement
Council contacted all CCB’s and identified boating stakeholder groups and provided them with a list of 71 possible projects.
A copy of the communication sent to stakeholders and list of identified
eligible projects is provided as an Attachment.
Submissions were received as follows:
Association |
Nominated Project |
Comment |
Shoalhaven Heads Community Forum |
a) Wharf Road boat ramp upgrading including provision of a pontoon down the middle b) Extension of the length of the River Road boat ramp |
a) Identified as a priority project under Round One b) Not considered to be a high priority relative to other projects |
Currarong Bowling and Recreation Club – Amateur Fishing Club |
Provision of a second walkway |
Identified by Council as an eligible project but not considered to be as high a priority relative to other projects. |
Culburra Bowling and Recreation Club – Amateur Fishing Club |
Upgrading of the western boat ramp by demolishing the existing (non user friendly) jetties and provision of a floating pontoon down the middle |
Identified by Council as an eligible project and considered to be a relative high priority compared to other projects but not nominated. However, not designed yet and should be considered in future application. |
Callala Bay Progress Association |
Upgrading of the Callala Bay boat ramp that would involve widening of the ramp and provision of a walkway down the middle |
Identified as a priority project under Round One |
Callala Beach Progress Association |
Upgrading of the boat ramp to a two lane ramp and provision of a pontoon down the middle. |
Identified as a priority project under Round One |
Vincentia Residents and Ratepayers Association |
a) Request extension to Plantation Point boat ramp b) Minor improvements to the Holden Street boat ramp |
a) Identified by Council as an eligible project however would be very expensive as it would require a suspended ramp for considerable length to reach adequate water depth. No investigation or design undertaken. b) Parking is very limited and the site is very exposed to adverse weather conditions. Encouragement of more use at this location is not recommended |
Policy Implications
Recent resolutions adopted by Council are:
Sussex Inlet (Wilson Corlis Reserve) MIN 16.563 – 26 July 2016
That Council:
a) Accept the petition from residences/community members in respect of the reinstatement of the public wharf/jetty previously located in Wilson Corlis Reserve (off Sandpiper Way) Sussex Inlet.
b) Give consideration to investigating the reinstatement of the public wharf/jetty
c) If and when this infrastructure is reinstated for replacement apply for funding from the Better Boating grants program for any investigations and future approved reinstatement works.
Note: This project is not considered a high priority relative to other projects to improve the boating experience and meet the guiding criteria. Advice has been provided to a community representative to apply for funding directly.
Greenwell Point Wharf MIN 16.496c - 28 June 2016
a) Council prepare options for the replacement of the timber jetty with a multi-purpose facility (public and commercial) at an estimated cost of $200,000. To be located approximately where the existing Council owned timber wharf is located, with preferred option being a floating pontoon with a sewage pump out facility and the community be consulted after the draft options have been adopted by Council;
Note: Provision of a pump out facility is a high priority for the Crookhaven Estuary. Preliminary investigation and an environmental assessment has been completed for this site.
b) The Council Waterways Infrastructure Plan to be amended to include this pontoon facility as a priority at this location and an application for funding be made to the State Government at the appropriate time.
Note: This project is not considered as a high priority relative to other projects to improve the boating experience.
Berringer Lake Foreshore and Boat Launching Ramp 20 October 2015
a) Council proceed with routine maintenance on the Berringer Lake boat launching ramp reserve with work funded from the Waterways Minor Improvement Program budget;
b) Undertake survey, design and community consultation for a low-level upgrade of the reserve with a view of works being funded by the future Better Boating Now/Regional Boating Plan Program.
Note: This project is recommended
Financial Implications
Council’s ten year financial plan provides for the following Council/Delivery Partner contribution to the Better Boating Now funding Program over the next 3 years:
Financial Year |
Amount |
2017/18 |
$50,000 |
2018/19 |
$51,000 |
2019/20 |
$52,000 |
Total |
$153,000 |
The funding guidelines specify that grants are available up to 75% of the estimated project cost. Council’s contribution of $153,000 for $5,359,979 project value is less than the 25% required, although there is some discretion for the funding rate to be varied.
|
Strategy and Assets Committee – Tuesday 15 August 2017 Page 111 |
|
Council Reference: 50287E (D17/209507)
To whom it may concern
Funding Program Round 2 – Better Boating Now
Council has been notified by Transport for NSW that applications for funding under round 2 of the NSW Better Boating Now Program are now open.
Projects funded under Round 1 were:
· North Nowra – Greys Beach – upgrading of boat ramp (in progress)
· Woollamia – Provision of floating pontoon ( In progress)
· Huskisson –upgrading of main wharf and provision of floating pontoon
· Huskisson (Dent St) – New paddle craft launching facility ( in progress)
· Sanctuary Point – New boat launching ramp and car park
· Sussex Inlet – Upgraded carpark at Lions Park Boat Ramp
· Fisherman’s Paradise – New pontoon (in progress)
· Lake Conjola- West - detailed design of a new boat launching facility
· Lake Conjola (Aney Street ) – concreting of natural launching ramp
· Ulladulla – Upgraded Boat launching ramp and walkway (in progress)
Council has identified a number of potential projects that may be eligible for future funding and are listed below. Boating improvement projects at Shoalhaven Heads, Callala Bay and Myola are already identified by Transport for NSW as being priority projects for Round 2 funding as they were identified during the Round 1 assessment but were not funded at the time. Please peruse the list and provide suggestions for any additional projects by 31 July 2017.
Unfortunately, not all projects will be funded, but Council will consider submissions based on issues that include project cost, safety benefits, environmental benefits and improvement to usability and the boating experience.
Project nominations will be considered by the elected Council at its August 2017 Strategy and Assets meeting in order to meet the funding closing date of 20 August 2017.
Further information on the recreational boating infrastructure-funding program can be found at:
www.rms.nsw.gov.au/maritime/projects/boating-now/index.html
Please note that organisations other than Council can submit applications for funding.
Waterway |
Town/Village |
Location |
Project |
|
|
|
|
Broughton Creek |
Bolong |
Backforest Rd |
Concrete natural ramp |
|
|
|
Formalise parking |
|
Berry |
Beach Rd |
Improve carpark |
|
|
|
Provide pontoon /jetty |
Shoalhaven River |
Shoalhaven Heads |
River Rd |
Extend ramp toe |
|
|
Wharf Rd |
Upgrade Ramp |
|
|
|
Provide Pontoon |
|
|
Hay Ave |
Provide Pontoon |
|
|
|
Upgrade car park |
|
Nowra |
Wharf Rd |
Upgrade Ramp |
|
|
|
Upgrade Wharf |
|
North Nowra |
Greys Beach |
Upgrade carpark |
Crookhaven River |
Greenwell Point |
Main foreshore |
Provide Effluent pump out facility |
|
|
West St |
Provide Pontoon |
|
Crookhaven Heads |
Prince Edward Ave |
Provide Pontoon (west ramp) |
|
|
|
Upgrade East Ramp |
|
Orient Point |
Orsova Ave |
Widen ramp to two lanes |
Lake Wollumboola |
Culburra Beach |
West Cres |
Concrete/seal entrance |
Currarong/Ocean |
Currarong |
Yalwal St |
Upgrade surge poles |
|
|
|
Provide additional walkway |
|
|
Warrain Cres |
|
Jervis Bay |
Huskisson |
Currambene St |
|
Woollamia |
Frank Lewis Way |
Provide 3rd lane & pontoon |
|
|
|
|
Extend wharf upstream |
|
|
|
Provide boat lift out facilities |
|
Myola |
Catherine St |
Widen ramp to 2 lanes |
|
|
|
Provide Pontoon |
|
|
|
Upgrade gravel carpark |
|
Callala Bay |
Boorawine Terrace |
Extend jetty investigation/design |
|
|
|
Jetty extension |
|
|
|
Boat Ramp extension |
|
|
|
Widen Boat ramp |
|
Vincentia |
Plantation Point |
Extend ramp into water |
St Georges Basin |
Wrights Beach |
Fisher St |
Formalise carpark |
|
Erowal Bay |
|
|
|
Sanctuary Point |
|
|
|
St Georges Basin |
The Basin Rd |
Concrete natural ramp |
|
Upgrade jetty |
||
|
Island Point Rd |
|
|
|
Basin View |
Basin View Pde |
Provide floating pontoon |
Sussex Inlet/SGB |
Sussex Inlet |
Neilson Lane |
Expand/upgrade carpark |
|
|
Chris Creek/River Rd |
Extend Ramp |
|
|
|
Provide pontoon/jetty |
|
|
Sussex Rd |
Upgrade carpark |
|
|
|
Provide pontoon |
|
Lakehaven Drive |
Upgrade ramp |
|
|
|
Wilson Corlis Reserve |
Provide new jetty |
Swan Lake |
Cudmirrah |
The Springs Rd |
Upgrade ramp |
|
|
|
Formalise gravel carpark |
Bendalong/Ocean |
Bendalong |
Boronia St |
Upgrade ramp |
|
|
|
Upgrade carpark |
Lake Conjola |
Lake Conjola West |
Havilland St |
Construction (inc Carpark) |
|
|
Sandra St |
|
|
|
Aney St |
|
|
|
Valley Drive |
Upgrade gravel ramp |
|
|
Entrance Rd |
Upgrade gravel carpark |
|
Berringer Lake |
Berringer Cres |
Upgrade carpark/Access |
Narrawallee Creek |
Narrawallee |
Normandy St |
Upgrade gravel carpark |
Ulladulla Harbour |
Ulladulla |
Wason St |
Upgrade concrete ramp (South) |
|
|
|
Extend pontoon |
|
|
|
Upgrade carpark (South) |
|
|
Crescent St |
Upgrade Jetty |
Burrill Lake |
Burrill lake |
Moore St Reserve |
Concrete gravel ramp |
|
|
Maria Ave |
Upgrade ramp |
|
|
|
Formalise gravel carpark |
|
Kings Point |
James Cres |
Provide Jetty/Pontoon |
|
|
Formalise ramp/carpark/Access |
|
Lake Tabourie |
|
|
|
Bawley Point/Ocean |
Bawley Point |
Tingara Ave |
|
Kioloa/Ocean |
Kioloa |
Scerri Drive |
Improve Breakwall |
|
|
|
Carpark Improvements |
If you need further information about this matter, please contact Michael Strachan, Assets & Works Group on (02) 4429 3276. Please quote Council’s reference 50287E (D17/209507).
Yours faithfully
Martin Upitis
Acting Director Assets and Works
30/6/2017
|
Strategy and Assets Committee – Tuesday 15 August 2017 Page 114 |
Name |
Contact |
Address Line 1 |
Address Line 2 |
|
Salutation |
Basin Villages Forum |
The Secretary |
PO Box 37 |
ST GEORGES BASIN NSW 2540 |
christinemrigg@gmail.com |
Ms C Rigg |
Bawley Point & Kioloa Community Association Inc. |
The Secretary |
C/- Bawley Point Newsagency Shop 3 83 Voyager Cres |
BAWLEY POINT NSW 2539 |
Ms Butler |
|
Bay and Basin Community Resources Inc |
The Secretary |
18 Sanctuary Point Road |
SANCTUARY POINT NSW 2540 |
spycc@shoalhaven.net.au |
Ms Smith |
Berry Forum |
The Secretary |
165C Bong Bong Rd |
BERRY NSW 2535 |
berryforum@hotmail.com |
Mr Coughlan |
Budgong Community Group |
The Secretary |
172 Paddington St |
PADDINGTON NSW |
budgongcommunitygroup@yahoo.com.au |
Mr A Cooke |
Callala Bay Community Association Inc |
TheTreasurer |
PO Box 14 |
CALLALA BAY NSW |
mardun44@bigpond.com |
Mr Duncan |
Callala Beach Progress Association Inc |
The Secretary |
PO Box 2 |
CALLALA BAY NSW |
secretary@callalabeach.org.au |
Ms Sierant |
Cambewarra Residents and Ratepayers Association |
The Secretary |
PO Box 178 |
CAMBEWARRA NSW |
gailstebbings@westnet.com.au |
Ms Stebbings |
Conjola Community Association |
The Secretary |
102 Lakeside Drive |
LAKE CONJOLA NSW |
conjola.community@lakeconjola.org |
Ms E Caswell |
Culburra Beach Progress Association Inc. |
The Secretary |
PO Box 135 |
CULBURRA BEACH NSW |
culburrabeachprogress@hotmail.com |
Mr Shimmen |
Currarong Community Association Inc. |
The Vice President |
60-62 Walton Way |
CURRARONG NSW |
sec@currarong.org.au |
Mr J Harrington |
Fishermans Paradise Volunteer Group |
The Secretary |
c/- 30 Anglers Parade |
FISHERMANS PARADISE NSW |
|
Mr S Hudson |
Get To The Point Program Inc. |
The Secretary |
PO Box 68 |
GREENWELL POINT NSW |
greenwellpoint@gmail.com |
Mrs Williamson |
Huskisson Woollamia Community Voice |
The Secretary |
PO Box 65 |
HUSKISSON NSW |
exec@hwcv.org.au |
Mr S Murphy |
Hyams Beach Villagers Association Inc |
The Secretary |
14 Tulip Street |
HYAMS BEACH NSW |
Ms Sparkes |
|
Kangaroo Valley Community Association Incorporated |
The Secretary |
PO Box 6089 |
KANGAROO VALLEY NSW |
keithbarb09@gmail.com |
Ms V McIntyre |
Murramarang Progress Association Inc. |
The Secretary |
PO Box 295 |
BATEMANS BAY NSW |
armpell@bigpond.com |
Ms R Madigan |
Orient Point Progress Association |
The Secretary |
PO Box 250 |
CULBURRA BEACH NSW |
orientpt@bigpond.net.au |
Mr Castellan |
Pride of Bomaderry CCB |
The Secretary |
c/- G Wilbraham Bomaderry Bowling Club locked Bag 3008 |
BOMADERRY NSW 2541 |
prideofbomaderry@gmail.com |
Ms McGuffie |
Redhead Villages Association |
The Secretary |
PO Box 2015 |
BENDALONG NSW |
robyn_ralph@hotmail.com |
Mrs Robyn Ralph |
Shoalhaven Heads Community Forum |
The Secretary |
PO Box 14 |
SHOALHAVEN HEADS NSW 2535 |
shoalhavenheadsforum@gmail.com |
Ms Robyn Flack |
Sussex Inlet Community Forum |
The Secretary |
130 River Road |
SUSSEX INLET NSW 2540 |
ullmurra@bigpond.com |
Ms Drummond |
Tabourie Lake Ratepayers and Residents Association Inc |
The Secretary |
c/- Tabourie Lake Post Office |
TABOURIE LAKE NSW |
Mr D Swarts |
|
Tomerong Community Forum |
The Secretary |
PO Box 1100 |
TOMERONG NSW 2540 |
tomerongforum@hotmail.com |
Ms K Child |
Vincentia Ratepayers and Residents Association Inc |
The Secretary |
PO Box 149 |
VINCENTIA NSW 2540 |
vrra.ccb@gmail.com |
Dr Gaffey |
Wandandian Progress Association Inc |
The Treasurer |
D2631 Princes Highway |
WANDANDIAN NSW 2540 |
secretary@wandandian.org.au |
Mrs J Fox |
Basin Lure and Fly Anglers |
The Secretary |
PO Box 2096 |
BOMADERRY NSW 2541 |
Mr Kelly |
|
Culburra Beach Amateur Fishing Club |
The Secretary |
9 Eastwood Ave |
CULBURRA BEACH NSW 2540 |
Mr Nash |
|
Currarong Fishing Club |
The Secretary |
7 Fishery Rd |
CURRARONG NSW 2540 |
Mr Pullbrook |
|
Heads Hotel Fishing Club |
The Secretary |
PO box 15 |
SHOALHAVEN HEADS NSW 2535 |
Ms Nellestein |
|
Jervis Bay Cruising Yacht Club Inc |
The Secretary |
PO Box 34 |
CAMBEWARRA NSW 2540 |
Mr Cowman |
|
Jervis Bay Divers Club Inc |
The Secretary |
PO Box 2 |
HUSKISSON NSW 2540 |
Ms Cleary |
|
Jervis Bay Game Fishing Club |
The Secretary |
PO Box 56 |
HUSKISSON NSW 2540 |
Mr Issa |
|
Lake Conjola Bowling & Recreation Club |
The Secretary |
3 Allunga Pl |
NARRAWALLEE NSW 2539 |
Mr Hastings |
|
Makai Paddler's Society Inc |
The Secretary |
PO Box 4040 |
BURRILL LAKE NSW 2539 |
Mr Watkins |
|
Mollymook Fishing Club |
The President |
49 Golden Wattle Dr |
ULLADULLA NSW 2539 |
Mr Craft |
|
Mollymook Outrigger Canoe Club |
The Secretary |
PO Box 813 |
ULLADULLA NSW 2539 |
Ms Lamont |
|
Nowra Sport Fishing Club Inc |
The Secretary |
PO Box 2079 |
BOMADERRY NSW 2541 |
Ms Hanson |
|
Nowra Waterdragons Outrigger & Canoe Club |
The Vice President |
270 Illaroo Rd |
NORTH NOWRA NSW 2541 |
Mr Panucci |
|
Shoalhaven Canoe & Kayak Club |
The Secretary |
Unit 1/68 Owen St |
HUSKISSON NSW 2540 |
Mr Offner |
|
Shoalhaven Dragon Boats Club Inc |
The Secretary |
PO Box 329 |
BERRY NSW 2535 |
Ms Foscolo |
|
Shoalhaven Gamefishing Club |
The Secretary |
PO Box 5 |
GREENWELL POINT NSW 2540 |
Mr Murphy |
|
Sussex Inlet Family Fishing Carnival Inc |
The Secretary |
PO Box 155 |
SUSSEX INLET NSW 2540 |
Mr Kinsey |
|
Sussex Inlet River Dragons Inc |
The Vice President |
343 Sussex Inlet Rd |
SUSSEX INLET NSW 2540 |
Mr Whitwell |
|
Sussex Inlet RSL Club Ltd |
The Secretary |
29 Cormorant Ave |
SUSSEX INLET NSW 2540 |
Mr D Woodbridge |
|
Ulladulla & Districs Community Forum |
The Secretary |
56 Princes Highway |
ULLADULLA NSW 2539 |
Ms Cameron |
|
Ulladulla Game Fishing Club Inc |
The Secretary |
PO Box 204 |
ULLADULLA NSW 2539 |
Mr Goswell |
|
Vincentia Sailing Club Inc |
The Secretary |
PO Box 57 |
VINCENTIA NSW 2540 |
Mr Carter |
|
Strategy and Assets Committee – Tuesday 15 August 2017 Page 116 |
SA17.219 Relief for Homelessness in Shoalhaven - Temporary Housing Solutions as Pathways to Formalised Housing - Tiny Homes and Temporary Emergency Housing
HPERM Ref: D17/174358
Group: Planning Environment & Development Group
Section: Strategic Planning
Attachments: 1. Shoalhaven Homelessness Interagency Position Paper ⇩
Purpose / Summary
To report on homelessness solutions that potentially provide temporary emergency housing and a pathway to permanent housing in response to previous Council resolutions.
Recommendation (Item to be determined under delegated authority) That: 1. With respect to Tiny Homes: a. In association with relevant State Members, approach the RMS regarding the lease of their properties at 95 to 99 East Street, Nowra to facilitate a Tiny Homes approach. b. Further investigate the contamination issues associated with the Council owned land at 60 Worrigee Street, Nowra and take the necessary steps to determine its ability to actually be developed for the use. c. Approach relevant private landowners to ascertain their willingness to be involved in a Tiny Homes approach, with the initial focus being 42 to 48 North Street and 36 & 38 Osborne Street, Nowra. 2. With respect to temporary emergency housing: a. Not proceed further with the Flinders Estate site due to its isolated nature. b. Collaborate with relevant not for profit organisations (community housing providers, churches and others) to identify suitable land in the vicinity of Nowra for the provision and operation of a permanent homelessness shelter. 3. The actions in this regard be advanced and reported back through the Shoalhaven Homeless Taskforce |
Options
1. Adopt the recommendation.
Implications: Provides a potential way forward in this regard that can continue to be investigated and advanced.
2. Adopt and alternative recommendation.
Implications: Depending on what is recommended this could require further investigations, assessments or consideration.
Background
Following on from Mayoral Minutes, Council carried two (2) resolutions relating to homelessness in Shoalhaven and providing potential solutions or opportunities for homeless individuals to transition into formalised housing.
The solutions resolved for investigation are Tiny Homes, and temporary emergency housing within the Flinders Estate.
Tiny Homes
The Council resolution of 25th October 2016 relating to Tiny Homes – A Pathway to Affordable Housing reads:
That Council consider the following recommendations:
1. Council adopt the principles of the Tiny Home’s Foundation - seeking to create innovative ways to alleviate homelessness.
2. Council identify land that could be used for a Tiny Home’s project, taking into consideration proximity to services and report back to a future meeting.
3. Council acknowledge that any Tiny Homes project that might possibly be embarked upon needs to be done in collaboration with housing and human services, other levels of government and the community at large.
4. Council receive a presentation from Tiny Homes.
In carrying the resolution, parts 1 and 3 were effectively actioned.
Part 4 of the resolution was actioned when David Woodridge from the Tiny Homes Foundation on the Gosford Model for Tiny Homes briefed Council on 28th November 2016.
During the briefing presentation, the Tiny Homes Foundation’s Gosford case study and the process followed to provide Tiny Homes was discussed. In particular, the Development Application process followed in this case was highlighted, including the definition of Tiny Homes as ‘boarding houses’. As part of this, the theoretical approach used for the Gosford project, ‘Housing First’, was discussed and identified as an important component of providing housing solutions to address homelessness.
The idea of ‘Housing First’ incorporates offering permanent, affordable housing as quickly as possible for individuals and families experiencing homelessness, and then provides the supportive services and connections to the community-based supports people need to keep their housing and avoid returning to homelessness. Tiny Homes was identified as a means of providing the necessary shelter for homeless individuals for a ‘temporary’ period and as a pathway to a permanent living solution such as public housing.
Council staff have since undertaken research and consultation with a local community housing provider (Southern Cross Housing) and the Homelessness Interagency (an agency that works with people that are homeless and aims to reduce both the incidence and impact of homelessness in the community) to determine holistic best practice approaches in assisting homeless people.
The Position Paper – Homelessness in the Shoalhaven prepared by the Homelessness Interagency in this regard is Attachment 1 to this Report.
The research demonstrated that services to support people who are currently, or are at-risk, of becoming homeless are best provided through a system of care approach that involves a variety of sectors including criminal justice, child welfare, health care, education, housing and homelessness services. Holistic and wrap-around services that are personalised to the individual or family’s needs and allow for multiple entry points along a continuum of supports and services are ideal. These services may be specialised with programs for homeless people or they may be broad services (health services, libraries, treatment facilities etc.) that are geared to anyone who needs them. Governments, charitable organisations, faith communities and/or the non-profit sector may provide these services.
There are varieties of types of services and support systems that are required to help an individual transition from homelessness. Based on the Housing First approach, housing support is provided in the following ways:
1. Emergency Shelters – provide respite from living on the street or support to those who have no options regarding a place to live. They can include violence against women shelters, or shelters designed for people experiencing homelessness.
2. Transitional Housing – allow for a period of adjustment and higher-level support. This could include second-stage housing for women and families fleeing violence, halfway houses for ex-offenders, culturally appropriate housing for Aboriginal persons, newcomers to the area, or housing to help long-term shelter users adjust to independent living. The Tiny Homes Model fits within this category.
3. Permanent Housing - that is affordable and suitable for the individual or family. In some cases, this includes permanent supportive housing or housing with access to a variety of community support systems.
Ideally, a community will have a variety of shelter options available to suit the unique needs of their clientele/community.
Due to the limited availability of the essential support services in areas like Bomaderry and Ulladulla, it was initially determined that Nowra would be the focus of the investigation for a suitable potential Tiny Homes site.
Distance to three of the essential services was then used as the baseline to determine the suitability of various sites for a Tiny Homes project. These three services include homeless services (including the Homeless Hub, Centrelink and community facilities), medical services (including hospitals, medical centres, public health) and public transport (Stewart Place Bus Terminal, and bus stops that connect to the CBD Bomaderry train station).
The criteria adopted is as follows:
- Land that was generally within walking distance (400-800m) from the identified three key services
- Council owned land that was vacant
- Planning considerations – zoning, land classification, surrounding land uses and other constraints. As per the Gosford model, ‘boarding houses’ was used as the land use definition.
Out of 266 properties owned by Council in Nowra, 116 are being used for a public purpose including car parking, community facility, sports ground, water reservoirs and the like. Out of the remaining properties only three (3) were vacant, located within walking distance to key services and in an appropriate zone. Only two (2) of these properties are currently classified as operational.
Staff briefed Council on the site identification process and the three remaining properties on 23rd February 2017. The following is an overview of the three properties in question.
Council Land Options
Option 1 – 60 Worrigee Street
This site is located at 60 Worrigee Street (corner of Burr Avenue) and is shown in Figures 1 and 2. The site is approximately 347.3m2 and is within close proximity and walking distance from the identified key services - average walk of 300-450m to homeless services; 20-950m to health services; and 315m to public transport.
The site is zoned B4 Mixed Use under Shoalhaven Local Environmental Plan (SLEP) 2014 which permits the land use ‘boarding house’ with consent, and has an operational classification. The site was originally acquired for road widening purposes (provision for 90 degree angle car parking), and as part of that process a soil analysis was undertaken which identified the soils as being potentially contaminated. The analysis indicated that the level of contamination was above the residential with garden / accessible soils threshold, but below the threshold for residential with restricted soil access (i.e. fully and permanently paved yard space).
Remediation of this site involving removal of contaminated soil to an off-site waste facility would be required a Tiny Homes project was proposed on this site.
This is the preferred site for a potential Tiny Homes project due to its close proximity to the Nowra CBD and key services, noting that the contamination issue will require further consideration and resolution
Figures 1 and 2 – Photo and Aerial of 60 Worrigee Street
Option 2 – 76 Wallace Street
This site is located at 76 Wallace Street as shown in Figure 3 and 4. The site is approximately 2,244.74m2. Being on the eastern side of the highway, this site is quite distant in terms of walking distance from the identified key services - average walk of 1.4-2km to homeless services; 2.7km to health services; and 1.5km to public transport.
The site is zoned R2 Low Density Residential under SLEP 2014 which permits the land use ‘boarding house’ with consent, and has an operational classification (for future extension of Lyrebird Sports Park).
Although this site is a possible option, it is quite distant from key services.
Figures 3 and 4 – Photo and Aerial of 76 Wallace Street
Option 3 – Lot F Worrigee Street
This site is located at Lot F Worrigee Street, which is located behind No. 2 Worrigee Street. The site is approximately 972.77m2 and is part of the larger Nowra Showground as shown in Figures 5 and 6 below. The site is generally within walking distance to some identified key services - average walk of 630-750m to health services; 760-960m to homeless services; and over 1km to public transport.
The site is zoned R1 General Residential under SLEP 2014 which permit the land use ‘boarding house’ with consent, and has a community classification. Whilst the site is generally within walking distance to the identified key services, the community classification would be problematic in enabling a Tiny Homes use. Additionally the site is somewhat hidden and to the rear of existing residential properties. This site is generally not favoured for these reasons.
Figures 5 and 6 – Photo and Aerial of Lot F Worrigee Street
Alternative Options
Other options identified as part of this process are a number of blocks located on East Street (Princes Highway) that are currently owned by NSW Roads and Maritime Services (RMS) and provide for the longer term upgrading of the highway. These include 95, 97, 99, 111, 123, 125 East Street. The walking distance to the identified key services are on average 1km, in addition they zoned to permit ‘boarding house’ land uses. These sites were identified as a possible opportunity due to their large size and accessibility.
Of the RMS owned sites, the initially preferred one for this type of use is 95 to 99 East Street (three lots). This site is the closest one to the CBD (is on the corner of Douglas Street and East Street/Highway), is relatively large (2,938 sq. m) so the Tiny Homes could be set back away from the road and it has access via Douglas Street.
In addition, a recent example of a Tiny Homes project in Victoria involved the State Road Authority (VIC Roads). The role of VIC Roads was providing a large site within proximity to the CBD under a free leasehold arrangement for two years to provide transitional housing arrangements to cope with homelessness in Melbourne CBD.
There are other large landholdings within the CBD on Bridge Road, North Street and Osborne Street, some of which are currently vacant. However, these are privately owned. The zoning of these properties is B4 Mixed Use under SLEP 2014 under which the land use ‘boarding house’ is permissible with consent. Depending on the future plans of the owners and their timing, these sites could be a possibility under a leasehold arrangement. The preferred location in this regard is the six (6) vacant lots on North Street (between Collins Way and Osborne Street).
Possible Way Forward
Given the above commentary, should Council still wish to pursue a Tiny Homes model within Nowra it is recommended that the following process be followed (in terms of ranking/prioritisation):
Option 1 In association with relevant State Members, approach the RMS regarding the lease of their properties at 95 to 99 East Street, Nowra to facilitate a Tiny Homes approach.
Option 2 Further investigate the contamination issues associated with the Council owned land at 60 Worrigee Street, Nowra and take the necessary steps to determine its availability.
Option 3 Approach relevant private landowners to ascertain their willingness to be involved in a Tiny Homes approach. The land at 42 to 48 North Street and 36 & 38 Osborne Street, Nowra would be a logical initial focus.
The three options can be pursued at once so as not to lose further time, although it is noted that a budget may be required in regard to Option 2.
Depending on the ultimate availability of these sites decisions will need to be made at the appropriate point on the next steps including consultation to be undertaken with surrounding owners/broader community, the number of Tiny Homes to be pursued (suggest maximum 5/6) and the construction and management model to be followed.
Emergency Housing – Flinders Estate
The Council resolution of 26th April 20417 regarding Identifying Land for Temporary Shelter for the Homeless – Flinders Estate reads:
That Council investigate the land at Flinders Estate for its suitability to commence a project to create temporary emergency housing for homeless people within the Shoalhaven.
Site Assessment
The site in question is located at Lot 38 DP 802671 Norfolk Ave South Nowra and is shown in Figure 7 below. The site is approximately 3.76ha in size and is located within and on the edge of the Flinders Industrial Estate, adjacent to existing industrial and other business activities.
Figure 7 – Site under investigation for temporary emergency housing
As part of the assessment to determine the suitability of the site for a temporary emergency housing project, Council staff considered access to required services and planning controls. In addition, a preliminary Social Impact Assessment (SIA) was undertaken which found:
- The subject site is located in an industrial estate and as such is relatively isolated.
- The isolation associated with this site poses a number of concerns including:
o No support services within close proximity (walking distance) which may assist people moving from homelessness to having appropriate shelter;
o Limited public transport;
o Prolong the impact of homelessness;
o Inconsistent with Council’s social justice principles; and
o Further exclusion and feeling of ‘not belonging in mainstream society’.
The SIA indicates that further investigations of this site should be undertaken prior to moving forward with an emergency housing project. This includes comprehensive stakeholder engagement, detailed risk analysis of the proposed site and business model, and detailed Crime Prevention Through Environmental Design analysis.
The subject site is zoned IN1 General Industrial, RU2 Rural Landscape and SP2 Infrastructure (Sewerage System) under SLEP 2014. The land use is likely to be defined as either ‘boarding house’ or ‘hostel’ in which case both these land uses are prohibited within these zones. In addition, State Environmental Planning Policy (SEPP) (Affordable Housing) 2009 does not apply in this instance as the IN1 and RU2 zones are not listed as ‘prescribed zones’, meaning that the SEPP cannot be applied.
Providing a land use of this type in this area also creates potential land use conflict with adjoining industrial zoned land in regards to noise, odour, traffic and the like. The subject site is also affected by bushfire, and clause 7.21 Development on land in the vicinity of the Western Bypass Corridor of SLEP 2014.
A Planning Proposal to rezone the subject site to a zone that permits the land use would be inconsistent with Council’s Planning Proposal (Rezoning) Guidelines as the rezoning is not consistent with strategy; an anomaly; or minor in nature.
Considering the social and planning considerations discussed, this site is not recommended as a suitable temporary emergency housing location.
Way Forward
Since the Council resolution of 26th April 2017, a temporary emergency shelter has been established at the Wesley Centre for the winter of 2017 (1 June to 30 September) and is being operated by ‘Safe Shelter Shoalhaven’ (collective of local Council, community and local churches).
As such, the immediate need for an emergency shelter has been met by this great initiative. However, what is required is perhaps a further permanent homelessness shelter in Nowra that provides a longer-term option that can accommodate up to 10-12 people on a nightly basis.
Ideally, this permanent shelter should be within the immediate vicinity of the Nowra CBD given the location of existing support services. As noted above in the discussion on Tiny Homes, there are limited Council owned sites that are potentially suitable for a permanent use of this nature.
Thus as a way forward, it is recommended that Council consider collaborating with relevant not for profit organisations (community housing providers, churches and others) to identify whether they hold suitable land in the vicinity of Nowra CBD and are interested in collaborating in the provision and operation of an additional permanent homelessness shelter.
Additionally, it was recently announced that a local family had donated $400,000 to help buy a building in Nowra for use by the homeless. This is a significant, potentially ‘game changing’ donation that could lead to the actual establishment of an additional permanent homeless shelter.
Community Engagement
Tiny Homes
Should Council proceed with a Tiny Homes Project on 60 Worrigee or the other options identified above, then appropriate early community consultation should be undertaken at the appropriate point.
In providing a Tiny Homes Project more generally, lodgement of a Development Application will be required in which community consultation will occur as part of this process.
Temporary Emergency Housing
Should Council proceed with the site at Flinders Estate, the Social Impact Assessment has indicated that comprehensive stakeholder consultation must be undertaken with the homeless, key service providers, business and property owners in the area, and the police.
Generally
Depending on the option or options that Council resolves to pursue because of this report, it is also recommended that this issue be managed and taken forward through the Shoalhaven Homelessness Taskforce.
Policy Implications
Council’s role with respect providing housing solutions for homelessness involves facilitation. This can be undertaken in the form of research and identification of sites that are suitably located and appropriately zoned to enable the provision of one of these housing solutions, as undertaken for both the Tiny Homes and Temporary Emergency Housing sites.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 127 |
SA17.220 Endorsement for Exhibition - Draft Local Approvals Policy
HPERM Ref: D17/218117
Group: Planning Environment & Development Group
Section: Strategic Planning
Attachments: 1. Draft Shoalhaven Local Approvals Policy 2017 (under separate cover) ⇨
Purpose / Summary
To obtain Council endorsement to enable the public exhibition of the consolidated draft Local Approvals Policy (Attachment 1).
Recommendation (Item to be determined under delegated authority) That Council: 1. Endorse the draft Local Approvals Policy at Attachment 1 for public exhibition. 2. Publicly exhibit the draft Local Approvals Policy for 28 days and receive comments for 42 days from the commencement of the exhibition period in accordance with Section 160 of the Local Government Act 1993. 3. Receive a future report following public exhibition to enable any submissions to be fully considered and any changes made prior to: · Council adoption; and · Subsequent process to obtain consent of the Chief Executive of the Office of Local Government for Part 1 of the Local Approvals Policy prior to finalisation. |
Options
1. As recommended.
Implications: This is the preferred option as it will enable the draft Local Approvals Policy (LAP) to be placed on public exhibition and will give the community an opportunity to comment accordingly. The draft LAP consolidates all Council’s existing LAPs and some related policies in the format required by the Local Government Act 1993 (LG Act). The proposed citywide LAP will enable Council to meet its obligations under the LG Act.
2. Adopt an alternative recommendation.
Implications: This will depend on the extent of any changes and could postpone the implementation of a citywide LAP.
3. Not adopt the recommendation.
Implications: This could stop or postpone the implementation of a citywide LAP. This option is not preferred as a citywide LAP is a positive step in rationalising existing approaches to local approvals across Council. By not progressing the draft LAP, Council’s obligations under the LG Act will not be met.
Background
Section 68 of the LG Act specifies that certain activities can only be carried out with the local approval of Council under the provisions of that Act, except in the case of local or legislative exemptions.
Local approvals are different to development consents under the NSW Environmental Planning and Assessment Act 1979. A local approval may be required in isolation (e.g. where a land use/activity is exempt or permitted without consent) or in addition to development consent. Activities requiring local approval include: activities on community land, installation of sewage management systems, footpath dining, street stalls, installation of caravans/manufactured homes, mobile food vans, water supply, sewerage, stormwater drainage work etc.
A LAP is a policy prepared under the provisions of the LG Act that assists Councils in meeting their obligations relating to local approvals. A LAP must specify:
· Part 1: Exemptions - the circumstances (if any) in which a person would be exempt from the necessity to obtain a particular approval of the council.
· Part 2: Criteria - the criteria (if any) which the council must take into consideration in determining whether to give or refuse an approval of a particular kind.
· Part 3: Other Matters - other matters relating to approvals.
Council currently has a number of individual LAP’s across a number of Groups which vary in format and content, including:
· POL16/11 - Cross-Connection Control and Backflow Prevention.
· POL16/26 - Rural Wastewater Connection Policy.
· POL12/167 - Minor Mains Extension.
· POL16/27 - Rural Water Supply Policy.
· POL16/30 - Water Hydrant Standpipe Extraction Policy.
· POL16/268 - On-site Sewage Management.
· POL16/21 - Pressure Sewer System Policy - Backlog Sewerage Schemes.
· POL16/229 - Caravan Parks in Flood Prone Areas Policy.
· POL16/240 - Mobile Food Stalls or Vehicles and Temporary Food Premises.
· POL16/77 - Management of Mobile Food Vending Vehicles on Council Owned or Managed Land.
Whilst the LG Act does not require Council to have only one comprehensive LAP, the NSW Office of Local Government encourages the consolidation of existing policies to ensure consistency.
On 3 February 2015, Council’s Development Committee resolved (in part) to:
a) Review Council’s existing LAP’s and incorporate them into one Council-wide LAP in accordance with the Local Government Act 1993 requirements.
The draft LAP (Attachment 1) has been prepared with significant input from the relevant Groups of Council that issue local approvals. The draft LAP is a collation of:
· Content of existing LAPs (as detailed above) that is considered to be of ongoing relevance and suitable for inclusion based on the LG Act requirements.
· Content of, or reference to, existing related policies of Council.
- POL16/12 - Building Over Sewer Policy.
- POL17/57 - Private Functions on Public Reserves Policy.
- POL16/266 - Events Policy.
- POL16/17 - Liquid Trade Waste Discharge to Sewerage System Policy.
· New content to ensure criteria and advice is provided for all activities for which Council issues approvals, for example commentary on commercial use of public footpaths as per rescinded Development Control Plan No. 120 Commercial Use of Public Footpaths.
The draft LAP was made available for a two-week internal consultation period in July 2017 to enable further input from the relevant technical staff across Council. Comments were received from Shoalhaven Water, Environmental Services and Social & Infrastructure Planning. The comment received from these Groups has been incorporated into the draft LAP.
Conclusion
It is recommended that the draft LAP be placed on exhibition for community comment in accordance with legislative requirements. This will enable the consolidation of all Council’s existing LAPs and some related policies in the format required by the LG Act to progress to finalisation.
In accordance with the previous resolution (3 February 2015), Councillors will be briefed on the draft LAP prior to the exhibition.
Council will receive a future report to consider submissions and adopt the draft LAP, specifically Part 2 (Criteria) and Part 3 (Other Matters). As the draft LAP includes a local exemption for Ceremonies on Public Land (D6 Activity) under Part 1 (Exemptions), consent is required from the Chief Executive of the NSW Office of Local Government (OLG) for the adoption of that part following the adoption of the draft LAP by Council. Any changes required by OLG will be reported back to Council accordingly.
Community Engagement
The LG Act requires the draft LAP to be publically exhibited for a period of 28 days and receive comments for 42 days from the commencement of the exhibition period. Following public exhibition, a report will be prepared to consider submissions received during the 42 day period.
Policy Implications
At the commencement of the draft LAP, changes will be required to the content and status of current LAPs and policies of Council. It is expected that:
· All existing LAPs that are not included in the draft LAP will need to be reconsidered as policies of Council if they are to be retained. The exception is POL16/268 - On-site Sewage Management that has been absorbed into the draft LAP and will need to be rescinded as part of the adoption of the draft LAP.
· All existing polices will be retained with minor changes required to reflect the draft LAP.
Specific details about the modifications/rescission will be detailed in a future report to Council.
Financial Implications
There are no immediate financial implications for Council in reviewing the existing LAP’s and incorporating into one citywide LAP in accordance with LG Act requirements. Exhibition of the draft LAP will be resourced from the existing Strategic Planning budget.
Risk Implications
Under s77 of the LG Act, Council is required to bring the relevant matters relating to local approvals to the notice of intending applicants. In accordance with s.165 of the LG Act, all LAPs are automatically revoked 12 months after the declaration of the poll for a general election of the Council.
It would be in the best interest of Council to progress the draft LAP to enable Council to meet its obligations under the LG Act.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 131 |
SA17.221 Policy review - Council Policy POL16/236 - Demolition & Renovation of Buildings Containing Asbestos
HPERM Ref: D17/215487
Group: Planning Environment & Development Group
Section: Building & Compliance Services
Attachments: 1. Draft Policy - demolition and renovation of buildings containing asbestos ⇩
Purpose / Summary
Council reference POL16/236 Asbestos Policy
This policy review is presented to Council in accordance with the recommendations for all policies to be reviewed within the first 12 months of the new council.
The policy outlines the development application requirements for the demolition and renovation of buildings containing asbestos. The policy identifies the licensing requirements for the removal of asbestos, sets standard conditions of approval that would apply when works are proposed including notification of neighbouring properties, appropriate disposal and the submission of clearance certificates once works have been completed.
Council’s Asbestos Policy (POL16/57) is to be read in conjunction with this policy.
Recommendation (Item to be determined under delegated authority) That Council affirm the reviewed policy for the demolition and renovation of buildings containing asbestos policy with the minor adjustments as attached to this report.
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Options
1. Adopt the recommendation
Implications: The minor changes to the existing policy will assist in policy implementation
2. Not adopt the recommendation and give further instruction to staff.
Background
The policy provides information for both Council staff and the local community on the requirements for the demolition and renovation of buildings containing asbestos.
Since 1 January 2008, a bonded asbestos licence is required to remove more than 10m2 of bonded asbestos material. A licenced bonded asbestos removalist can remove any amount of bonded asbestos material. Any loose or friable asbestos must be removed by qualified asbestos removalist. Licencing for asbestos removalist is regulated and administered by SafeWork. This is detailed in the policy.
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Demolition and renovation are fine examples where this can occur
The policy outlines Council’s commitment and responsibilities in relation to safely managing asbestos and contains general advice. For specific advice, individuals are encouraged to contact Council or the appropriate organisation as detailed in Appendix E of Council’s Asbestos Policy (POL16/57). The minor adjustments assist with interpretation and guidance.
Community Engagement
The Policy provides guidance to the public in relation to licensing, land management and waste management requirements.
Policy Implications
Nil
Financial Implications
There are no financial implications for this policy. It provides guidance to staff and the community.
Risk Implications
Shoalhaven City Council acknowledges the serious health hazard of exposure to asbestos.
Council has an important dual role in minimising exposure to asbestos for both:
· residents and visitors
· employees, contractors, consultants and volunteers.
The adoption of the policy ensures Council will meet its obligations in relation to community education and waste management for asbestos.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 137 |
SA17.222 Policy review - Council Policy POL16/251 - Swimming Pools - Barrier Inspection Policy
HPERM Ref: D17/215503
Group: Planning Environment & Development Group
Section: Building & Compliance Services
Attachments: 1. Swimming Pool - Barrier Inspection Policy ⇩
Purpose / Summary
This policy review is presented to Council in accordance with the recommendations for all policies to be reviewed within the first 12 months of the new council.
The policy outlines Council swimming pool barrier inspection program. This program has been in operation since 29 October 2013 when it became a requirement for Councils to prepare and adopt a swimming pool barrier inspection program.
This policy provides a framework for Council to comply with requirements under the Swimming Pools Act 1992. It also provides guidelines for swimming pool owners.
Recommendation (Item to be determined under delegated authority) That Council affirm the reviewed policy for the Swimming Pools – Barrier Inspection Policy with the minor adjustments as attached to this report.
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Options
1. Adopt the recommendation
Implications: The policy review will assist in maintaining the swimming pool barrier inspection program
2. Not adopt the recommendation and give further instruction to staff.
Background
Swimming pool ownership requires owners to comply with construction standards and pool safety. The requirements are under the Swimming Pools Act 1992 and Regulations, relevant Australian Standards and directions issued by the Department of Local Government.
Amendments under the Swimming Pools Amendment Act 2012 introduced a system for swimming pool owners to register their swimming pool online. Councils were also required to implement a pool barrier inspection program, provide appropriate education programs to assist pool owners; and administer applications for compliance certificates.
The register has identified there are 349,791 premises with swimming pools in NSW and 4,176 of these are within the Shoalhaven area. From work completed in this space, it is evident that not all swimming pool owners have registered their premises.
The mandatory provisions for swimming pool compliance include the following property categories;
• tourist and visitor accommodation, including all multi occupancy (more than 2 dwelling units) developments;
• properties that are sold or rented from 29 April 2016; and
• where pool owners apply for a swimming pool compliance certificate at any time.
In April 2016 there was an amendment in the legislation requiring home owners to obtain a swimming pool compliance certificate when premises are put up for sale or tenanted.
To date, Councils swimming pool program has concentrated on the mandatory requirements, submission of applications for swimming pool compliance certificates and complaints received from the public. Recently, premises have been identified from home stays and air B&B as they present the most risk with unfamiliar occupants.
Council’s swimming pool compliance officers have inspected the following number of premises since the legislation became effective on 29/10/2013:
2013 |
30 (2 months only) |
2014 |
200 |
2015 |
299 |
2016 |
594 |
2017 |
269 (6 months only) |
Total |
1392 |
Based on the inspections completed to date, Council has assessed 33% of the swimming pools identified for the Shoalhaven area.
Community Engagement
Council aims to achieve compliance through effective education and engagement of pool owners and the community. Council acknowledges the ultimate effectiveness of any pool safety barrier relies upon the awareness of the property owner and their willingness to ensure compliance and ongoing maintenance.
Policy Implications
The Swimming Pools Act requires Council to have a swimming pool barrier inspection program. This policy satisfies the requirements of the legislation.
Financial Implications
Council currently employs two swimming pool compliance officers. The second compliance officer was appointed on 01/07/2016 and this has had a significant impact on the number of premises inspected.
The regulations stipulate the maximum amount Council can charge for swimming pool inspections. The program is currently achieving partial cost recovery.
Risk Implications
Council has an obligation to undertake the swimming pool barrier inspection program. Drowning or near drowning events have an impact on the community and should these occur, Council’s program will be important in any subsequent Coronial enquiry.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 145 |
SA17.223 Policy review - Council Policy POL16/233 - Compliance and Enforcement Policy
HPERM Ref: D17/215665
Group: Planning Environment & Development Group
Section: Building & Compliance Services
Attachments: 1. Compliance and Enforcement Policy ⇩
Purpose / Summary
This policy review is presented to Council in accordance with the recommendations for all policies to be reviewed within the first 12 months of the new council.
To clarify Council’s role and responsibilities and assist staff to act promptly, consistently and effectively in response to allegations of unlawful activity.
The aim of this policy is to establish clear guidelines for the exercise of discretion in dealing with action requests or unlawful activity. It provides workable guidelines on:
· How to assess whether complaints or unlawful activity require investigation.
· Options for dealing with unlawful activity.
· How to decide whether enforcement action is warranted.
Recommendation (Item to be determined under delegated authority) That Council affirm the reviewed policy for Compliance and Enforcement with the adjustments as attached to this report and the policy be made available on Council’s website.
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Options
1. Adopt the recommendation
Implications: The policy review will assist in maintaining the Compliance and Enforcement program and provide staff with clear guidelines on how to action matters.
2. Not adopt the recommendation and give further instruction to staff.
Background
Council has an obligation to the community to undertake various regulatory investigations and inspections to monitor, abate and/or rectify activity within its area. These activities are generally brought to Council’s attention via the lodgement of an application or an internal or external customer service request.
Staff across the organisation undertake their regulatory duties in a fair, transparent and consistent manner in line with the relevant legislative requirements and Council’s adopted Codes and Policies.
Unfortunately the high calibre of Council’s many regulatory based services to the community is not reflected within the supporting internal documentation. This review of the Compliance and Enforcement Policy better reflects the processes around these services.
In December 2015 the NSW Ombudsman released a Model Compliance and Enforcement Policy. The Ombudsman’s Policy was designed to harmonise the different approaches taken by Council’s to their regulatory duties and to minimise the potential for corruption related issues.
With the above in mind Council’s Compliance Policy has been amended and expanded to include many aspects of the Ombudsman’s Policy. The policy now clarifies the processes behind regulatory actions undertaken and provides staff with a more robust document to follow when considering an appropriate course of regulatory action.
Community Engagement
The policy will support Council’s commitment to ecologically sustainable development principles and support good governance practice.
Policy Implications
There are a range of considerations that Council need to take into account when deciding whether or not to take enforcement action. Council will need to consider the circumstances of the case.
Financial Implications
There are no financial implications in adopting this policy.
Risk Implications
This policy follows the Ombudsmans model guidelines and reduces the risk of officer investigation.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 156 |
SA17.224 Acquisition of Easement for Water Supply at Parma Road, Parma
HPERM Ref: D17/215611
Group: Shoalhaven Water Group
Section: Water Asset Planning & Development
Attachments: 1. Attachment 1 - plan of easement (councillors information folder) ⇨
Purpose / Summary
This report is submitted to seek Council approval to acquire an Easement for Water Supply 3 metres wide over Lot 3 DP612512, No 352 Parma Road Parma, from D & L Nile.
That 1. Council resolve to acquire an Easement for Water Supply 3 metres wide over Lot 3 DP612512, No 352 Parma Road Parma, as shown hatching on plan marked Attachment
2. Council pay compensation of $2,000 and reasonable legal costs associated with the acquisition, in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, from Council’s Water Fund.
3. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.
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Options
1. Resolve as recommended. The easement is required to formalise tenure over an existing pipeline on the subject property.
2. Not resolve as recommended and provide further directions to staff.
Background
Shoalhaven Water has constructed a water pipeline within the subject property, along the front boundary to Parma Road. Acquisition of an easement for the pipeline is required.
A valuation undertaken on behalf of Council by Walsh & Monaghan Pty Ltd assessed compensation for the easement at $2,000. A conditional offer at that amount was submitted to the owners.
A claim of $8,500 was submitted by the owners. Negotiations have resulted in agreement at the valuation amount of $2000, plus reasonable legal costs.
Financial Implications
The compensation and reasonable legal costs associated with the acquisition are to be funded from Council’s Water Fund. GST is not applicable on the transaction.
Risk Implications
Acquisition of the easement is necessary to secure Shoalhaven Water’s access for the operation and maintenance of essential public infrastructure.
The proposed action is administrative and has no environmental impact.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 158 |
SA17.225 Review of Shoalhaven Water Group Policies
HPERM Ref: D17/224090
Group: Shoalhaven Water Group
Section: Water Asset Planning & Development
Attachments: 1. POL16/97 - Backflow Prevention and Cross Connection Control Policy (under separate cover) ⇨
2. POL17/27 - Minor Mains Extension Policy (under separate cover) ⇨
3. POL16/81 - Building over Sewers Policy (under separate cover) ⇨
4. POL17/29 - Communications Site Rental - Community FM Radio Stations (under separate cover) ⇨
5. POL16/82 - Communication Site Charging Policy (under separate cover) ⇨
6. POL17/1 - Shoalhaven Water Debtor Management Policy (under separate cover) ⇨
Purpose / Summary
All public policies are to be submitted to Council within 12 months of the election of Council. The six public policies proposed for reaffirmation represent “Round 7” of this requirement in respect of the Shoalhaven Water Group responsibilities. A new policy is also proposed to better articulate those debt recovery activities previously contained within the annual Council Delivery Program and Operational Plan.
Recommendation (Item to be determined under delegated authority) That Council 1. Change from a Local Approval Policy to a Public Policy and reaffirm with minor changes the following policies a. POL16/97, Backflow Prevention and Cross-Connection Control b. POL 17/27, Water and Sewer – Minor Mains Extension 2. Reaffirm the following Public Policies with minor changes a. POL 16/81, Building Over Sewers Policy b. POL 17/29, Communications Site Rental – Licenced Community Radio Stations c. POL 16/82, Communication Site Charging Policy 3. Adopt the proposed policy POL17/1 – Shoalhaven Water Debtor Management Policy
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Options
1. Adopt the recommendation as written.
Implications: Minor changes will assist for currency and clarity. There are no significant changes
2. Not adopt the recommendation.
Implications: Council can request further details, seek further community input or make other changes.
Background
The following existing policies are proposed to be adopted as Public Policies:
Backflow Prevention and Cross-Connection Control, POL16/97
This policy was originally adopted in February 1997 as Local Approval Policy, Cross-Connection Control and Backflow Prevention, to minimise risk to public health by protecting the quality of Council’s potable water supply from real or potential hazards. The proposed changes do not alter the intent nor implementation of the current policy and include:
· Changes to formatting and layout as a result of having a single Local Approvals Policy document
· Updates resulting from changes to State Government legislation
· Updates to definitions and hazard ratings
· Updates to requirements with regard to installation, maintenance and removal of backflow devices
· Clarification with regard to responsibilities of Council, plumbers and property owners
The required conditions have been incorporated into Councils Local Approvals Policy, as such it is proposed that this policy be adopted as a public policy.
Water and Sewer – Minor Mains Extension, POL17/27
This policy was originally adopted in 1999 as a Local Approvals Policy. There are only minor amendments to the text that do not alter the intent of the policy. The required conditions have been incorporated into Councils Local Approvals Policy, as such it is proposed that this policy be adopted as a public policy.
Building Over Sewers Policy, POL 16/81
This policy was originally adopted in 1997 to provide guidance to developers proposing to build close to or over Council owned sewers. The required conditions have been incorporated into Council’s Local Approvals Policy, which makes reference to this policy for further detail.
Communications Site Rental – Licenced Community Radio Stations, POL 17/29
This policy was originally adopted in 2006 to specify the criteria and methodology to charge communication tower site rental fees to those community radio stations that provide broadcasting services for Council community messages and recording of Council Meetings.
The changes proposed are only minor and do not change the intent of the policy.
Communication Site Charging Policy, POL 16/82
This policy was first adopted in 2014 to define the process of generating fees and charges for Shoalhaven City Council’s communication facilities.
A number of changes are proposed, primarily in the attachments to the policy as follows. These proposed changes are not considered significant.
In attachment A, changes are:
· The first column has been swapped with the final column so that the site level is listed first, and the last column is now the ACMA site number
· The table has been reordered by level
· An additional site level 5 has been added. This site level is for sites where the communications facility is on land owned by Council, but where the tower is not owned by Council
· Since the last policy review there has been a number of new sites. These have been added to the list, along with sites that are currently only used by Council, such as the Emergency Management Centre
· The Vincentia tower has been replaced by a taller tower and has been upgraded to a level 1 site
In attachment B, changes are:
· Discount multiplier for ground rental for a hut for a level 5 site has been increased from 0.9 to 1. This change is to reflect the site’s value to Council is primarily as a ground rental.
· Discount multiplier for rack space within a Council hut for a level 5 site has been increased from 0.9 to 1. This change is to cover the full cost of supplying space for radio equipment in the Council building where we are not recovering costs from the equipment on a tower.
The following new policy is proposed for adoption:
Shoalhaven Water Debtor Management Policy POL17/1
The policy is consistent with statutory requirements of the Local Government Act and Regulations, NSW Government directives, previous Council resolutions and the adopted Shoalhaven Water Customer Service Plan. It reflects industry practice relating to debt recovery activities and Shoalhaven Water’s utility obligations as an essential service provider.
Community Engagement
There is no statutory requirement to publicly exhibit any of the policies contained in this report. Council may however choose to do so should they consider any changes of significance
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 161 |
SA17.226 TM74 Sussex Inlet Watermain Replacement Jacobs Drive and River Road
HPERM Ref: D17/247604
Group: Shoalhaven Water Group
Section: Water Asset Planning & Development
Purpose / Summary
To inform Council of the tender process for TM74 Sussex Inlet Watermain Replacement Jacobs Drive and River Road.
In accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, some information should remain confidential as it would, if disclosed, prejudice the commercial position of the person who supplied it. It is not in the public interest to disclose this information as it may reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests. This information will be considered under a separate confidential report.
Recommendation (Item to be determined under delegated authority) That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.
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Options
1. Consider the separate confidential report as recommended
2. Council amend the recommendation and consider in open Council
Implications: Council may diminish the competitive commercial values of the tenders received or prejudice the tenderers legitimate interests if these matters are discussed non-confidentially.
3. Council amend the recommendation
Implications: Council propose an alternative resolution. Depending on the resolution Council may not be able to deliberate on the tender process for the TM74 Sussex Inlet Watermain Replacement Jacobs Drive and River Road while giving consideration to all the available information.
Details
Introduction: Council, at its Ordinary Meeting on 16 December 2014, resolved to appoint a panel of contractors for mains construction works. The Panel comprises the following contractors:
i. Comdain Civil Construction Pty Ltd
ii. Murphy McCarthy & Associates Pty Ltd
iii. EL Civil Engineering Pty Ltd
iv. Ledonne Constructions Pty Ltd
v. Interflow Pty Ltd
vi. Hisway Pty Ltd
vii. Select Civil Pty Ltd, and
viii. Lynch Civil Contractors Pty Ltd.
The Panel was formed following an Expressions of Interest (EOI) process. The philosophy behind this approach was to identify suitably qualified contractors (based on a non-price assessment) to bid on a number of mains replacement packages over the next few years. This would enable a simplified assessment procedure whereby only price and assessment of project specific resourcing and construction methodology would need to be considered for the award of future works packages.
Background:
Shoalhaven Water, through its Asset Management Systems, has identified a series of DN300 white uPVC pipelines installed in the early to mid 1980’s. It has been the experience of Shoalhaven Water, and other water utilities across New South Wales, that this particular pipe type/size purchased at that time has a higher than average failure rate. It is proposed to replace these faulty uPVC mains with Polyethylene (PE) mains to reduce the risk of future failures.
The first DN300 white uPVC pipeline replaced under this program was two sections of Trunk Main 19 (one section in North Bendalong and one section in Manyana).
The second DN300 white uPVC pipeline being replaced is approx 6km of Trunk Main 27 between Burrill Lake to Lake Tabourie.
The third DN300 white uPVC pipeline proposed to be replaced is in three sections around the township of Sussex Inlet. One section is approx 880m along Jacobs Drive between 33 and 137 Jacobs Drive, another section is approx 660m along River Road between 166 River Road and 192 Jacobs Drive and the third section is approx 200m along Suncrest Ave between 100 Suncrest Ave and 146 River Road.
Records indicate that this section of main has broken 10 times from 2009 to 2016.
Tenders have been called and the award of a contract for the construction of the TM27 Lake Tabourie Watermain Replacement is now being presented to Council for determination.
Tenders Received
Tenders were invited from all contractors on the Panel on the 13 June 2017 for the construction of the TM74 Sussex Inlet Watermain Replacement Jacobs Drive and River Road with a mandatory pre-tender site meeting on 14 June 2017.
A Tender Evaluation Committee (TEC) was formed and a Tender Evaluation Plan (TEP) was developed for the tender analysis.
Tenders closed at 10am on 18 July 2017 with a total of five (5) tenders received by the deadline.
Tenderer |
Location |
Hisway Pty Ltd |
Tenderlink Portal |
Ledonne Constructions Pty Ltd |
Tenderlink Portal |
Comdain Civil Constructions Pty Ltd |
Tenderlink Portal |
Select Civil Pty Ltd |
Tenderlink Portal |
Murphy McCarthy & Associates Pty Ltd |
Tenderlink Portal |
The tenders were evaluated in accordance with the TEP, which comprised mandatory, price and non-price criteria including:
· Total cost of tenderers bid, including application of Local Preference Policy
· Construction methodology and program
· Skills, experience and availability of proposed key personnel
· Past performance on previous Mains Construction Panel Contracts
In order to identify the best value for money while ensuring a suitable balance between the main criteria of price, experience and methodology it was determined to use a 65% price to 35% non-price ratio for the tender assessment.
Details relating the evaluation of the tenders are contained in the confidential report.
Summary of the Evaluation Process:
1. Assessment of Price Criteria
The five tenders had their price components assessed as per the formula given in Clause 5.5 of the TEP.
Reductions in the assessed tender price were given to those tenderers who included local contractors and suppliers as per the Local Preference Policy capped at $15,000.
2. Assessment of Non-Price Criteria
The TEC assessed the tenders for non-price criteria as detailed in the methodology for Non-Price Ratings contained within the Tender Evaluation Plan (Sections 5.6).
Tenders were assessed by the TEC as a group. Following discussions a consensus score was reached for each assessment criteria for each of the tender submissions. Tenders were assessed following the guidelines for scoring Non-Price Criteria described in Attachment B of the TEP.
3. Outcome of Tender Evaluation
The final score for each tenderer was obtained by adding together the normalised total non-price score with the normalised total price score. The Tenderer with the highest total combined score was identified as the Preferred Tenderer. The tenderer with the second highest score was identified as the alternate Preferred Tenderer.
As per the Procedure defined in section 4 of the TEP, the TEC resolved to hold a tender evaluation interview with the Preferred Tenderer to ensure they had a comprehensive understanding of the scope of works and clarify any issues identified in their tender. This interview was held in the SCC Nowra Administration Building on the 28 July 2017 and attended by two (2) members of the TEC.
As a result of this interview, along with the price and non-price criterias, the TEC made the recommendation contained in the confidential report.
Community Engagement:
Shoalhaven Water has consulted with local residents likely to be directly affected by the proposed works by sending them a letter advising them of the scope of works and indicative timeframes for the construction. Additionally the Sussex Inlet Community Consultation Body has been informed of the project.
It is a requirement of the tender to provide ongoing community consultation, as needed, during the construction of the works. Minor water outages will be required during the transition from the existing water main to the new. It will be necessary to provide at least 48hrs notice to affected residents of any planned water outages. Further, as Sussex Inlet is a major tourist destination during summer, no works will be permitted for the duration of the NSW School Holiday periods.
A Review of Environmental Factors (REF) for the pipeline installation was developed by Shoalhaven Water for the project. This REF did not identify any threatened flora or fauna species in the area of influence for the construction works. Sussex Inlet township is mapped as having potential for Acid Sulphate Soils. Further goetechnical investigations have been undertaken and an Acid Sulphate Management Plan will be developed for the project. The recommended control measures from the REF form part of the tender specifications.
Financial Implications:
Sufficient funds have been allocated in the Water fund capital budgets for 2017/18. Contract management will be done by Shoalhaven Water employees. Daily site inspections to be undertaken by Shoalhaven Water nominated construction inspectors.
It is proposed to start construction of the project in October 2017 with completion expected by the end of the 2017/18 financial year.
Conclusion:
Shoalhaven Water have undertaken a comprehensive tender evaluation in accordance with the approved tender evaluation plan and have made a recommendation to Council in a separate Confidential Report. It is therefore recommended that Council consider the Confidential Report and the recommendations there-in.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 165 |
SA17.227 Acquisition of Easement for Water Supply - Sungrove Lane Milton
HPERM Ref: D17/225054
Group: Shoalhaven Water Group
Section: Water Asset Planning & Development
Attachments: 1. Attachment 1 - plan of proposed easement ⇩
Purpose / Summary
This report is submitted to seek Council approval to acquire an Easement for Water Supply 6 metres wide over Lot 12 DP807589, No 13 Sungrove Lane Milton, from Mrs R S Hendricks.
That 1. Council resolve to acquire an Easement for Water Supply 6 metres wide over Lot 12 DP807589, No. 13 Sungrove Lane Milton, as shown by hatching on plan marked Attachment 1.
2. Council pay compensation of $16,250 and reasonable legal costs associated with the acquisition, in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, from Council’s Water Fund.
3. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.
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Options
1. Resolve as recommended. The easement is required to formalise tenure over a new water main to be constructed on the subject property.
2. Not resolve as recommended and provide further directions to staff.
Background
An existing water main is located through No. 23 Sungrove Lane, Milton without the protection of an easement. An easement cannot be created over this pipeline due to siginifcant development over the main, including a large workshop building.
In order to overcome this situation negotiations have been held with the owner of adjoining property, No.13 Sungrove Lane to relocate the water main to within that property and create an easement over the relocated pipeline.
Agreement has been reached with the owner of No.13 to allow construction of the replacement pipeline.
A valuation undertaken on behalf of Council by Walsh & Monaghan Pty Ltd assessed compensation for the proposed easement at $16,250. The owner is elderly and her legal dealings are being handled by the NSW Trustee & Guardian and her son, Mark Hendricks, who resides on the property. The Solicitor for those representatives has advised that instructions have been received to accept Council’s offer of compensation at the valuation amount plus resonable legal costs. The NSW Trustee & Guardian has also consented to Council’s proposal.
Financial Implications
The compensation and reasonable legal costs associated with the acquisition are to be funded from Council’s Water Fund. GST is not applicable on the transaction.
Risk Implications
Acquisition of the easement is necessary to secure Shoalhaven Water’s access for the operation and maintenance of essential public infrastructure.
The proposed action is administrative and has no environmental impact.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 168 |
SA17.228 Request Connection to Town Sewerage System - 4 Reservoir Lane Cambewarra (DA17/1731)
HPERM Ref: D17/249018
Group: Shoalhaven Water Group
Section: Water Asset Planning & Development
Attachments: 1. Sketch Plan Pressure Sewer Works to Serve 4 Reservoir Lane Cambewarra ⇩
Purpose / Summary
Council is in receipt of an application for connection of a rural zoned property (Lot 1 DP 859479, No. 4 Reservoir Lane, Cambewarra) to its sewerage system. The property is zoned Rural (RU1) and therefore such a request must be assessed under its Rural Wastewater Connection Policy and in this instance determined by Council.
Recommendation (Item to be determined under delegated authority)
That Council approve the connection of Lot 1 DP 859479, 4 Reservoir Lane, Cambewarra to its sewerage system, by pressure sewer, subject to the applicant complying with all conditions specified on a Shoalhaven Water Development Application Notice for DA17/1731.
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Options
1. Adopt the recommendation.
Implications: This is recommended as there is sufficient capacity in the Bomaderry Sewerage Scheme and the proposal is considered a minor development.
2. Council may choose not to permit the property to connect to the town sewerage system and require the property owner to continue using the existing septic system or upgrade to an appropriate on-site disposal system.
Implications: The property owner has disclosed a personal health issue with a family member. It is considered that a connection to town sewer would assist with the health of the family member.
Background
An application has been received from the owner of No. 4 Reservoir Lane, Cambewarra requesting connection of the existing & proposed development to the nearby town sewerage system. The subject property is located adjacent to the existing urban area of Cambewarra Village.
The property is zoned RU1 (Primary Production) and as such assessment is required in accordance with Council’s Rural Wastewater Connection Policy (POL16/26). Council is therefore requested to consider this application and determine if connection to its sewerage system, by way of pressure sewer, is granted.
According to Council’s GIS information, the existing residential dwelling was constructed in the early 1980’s with an application for a septic tank being approved in 1999. Further additions to the existing dwelling were approved in 2003 and 2007.
The current application, DA17/1731, is for dwelling additions and alterations (including attached garage, new bedroom, rumpus room and deck) plus swimming pool.
Community Engagement
No community engagement is required.
Policy Implications
Assessment under the Rural Wastewater Connection Policy:
Council’s policy provides for rural zoned properties to connect to the town sewerage system subject to compliance with Section 3.2 Criteria For Determination of an Application for a Rural Property to Connect to Council’s Sewerage System, which states:
“Connection to Council’s sewerage system will only be made available to rural properties upon written application in the following circumstances:
· Where capacity exists in the existing system, and
· Where the current levels of service can be provided, and
· Where the property is paying the wastewater availability charge.
Properties not paying the wastewater availability charge will only be considered for connection to Council’s sewerage system if it is not possible to manage wastewater by on site treatment. Approval in this situation is subject to Council resolution.”
Assessment in accordance with each of these criterion is outlined below:
1. Where capacity exists in the existing system
The proposed development is a single residential dwelling with shed and pool. The sewerage system does have capacity to support this existing and proposed development.
2. Where the current levels of service can be provided
A gravity connection is not possible as the subject property drains away from the existing gravity sewer system. The property can be serviced by pressure sewer compliant with current levels of service.
3. Where the property is paying the wastewater availability charge.
The property does not pay the wastewater availability charge.
4. Properties not paying the wastewater availability charge will only be considered for connection to Council’s sewerage system if it is not possible to manage wastewater by on site treatment. Approval in this situation is subject to Council resolution.
As part of DA17/1731 the applicant submitted a report that states the existing septic tank and infiltration trenches is not considered suitable due to heavy clay subsoils, high rainfall and relatively small area of land available for surface irrigation.
Financial Implications
There is no negative financial implication to council. If approval is granted Council would benefit by way of the annual sewer availability charge ($830.00 for 2017/18).
The development will be levied the Section 64 (Sewerage Service) Charge by way of a condition under the Shoalhaven Water Development Application Notice for DA17/1731. The development would be levied based on a minimum of one equivalent tenement loading. After applying the Water and Sewerage Headworks Charges (Section 64 Contributions) – Assistance for Developments policy the amount payable is $2,084.75 (2017/18).
The developer would also be required to pay the full cost for a simplex pressure sewer unit. The minimum cost per Council’s Fees and Charges is $9,622.00 (2017/18).
In addition the developer will also be required to design and construct a pressure sewer main from No. 4 Reservoir Lane to manhole B10A/11 (located within the front of 79 Kooramunga Ave) including internal manhole works for the junction. The developer will need to obtain written approval from this land owner to have a junction connection.
A request for a quotation from Shoalhaven Water for the proposed works (at their full cost) may be possible should there be capacity in the current Shoalhaven Water Operations Section program.
Sewerage Works Required:
In order to connect the property to Council’s sewerage system by way of pressure sewer, the design and construction work involves:
· the on-site pressure sewer unit, boundary kit and control panel, and
· approximately 140 metres of DN50mm diameter pipe (from manhole B10A/11 located at the front of 79 Kooramunga Ave, extending to No. 4 Reservoir Lane), and
· a road underbore (Reservoir Lane), and
· two driveway underbores (No.’s 79 & 81 Kooramunga Ave), and
· manhole junction (including internal works)
Negotiation will be required between the owner of the subject property and the owner of 79 Kooramunga Ave for access to connect to the existing sewer manhole. The subject property is connected to Council’s town water supply.
In addition the developer will need to obtain written approval for works with the road reserves of Kooramunga Ave and Reservoir Lane).
Risk Implications
The property owner has disclosed personal health issue with a family member. It is considered that a connection to town sewer would assist with the health of the family member.
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Strategy and Assets Committee – Tuesday 15 August 2017 Page 172 |
Local Government Amendment (governance & planning) act 2016
Chapter 3, Section 8A Guiding principles for councils
(1) Exercise of functions generally
The following general principles apply to the exercise of functions by councils:
(a) Councils should provide strong and effective representation, leadership, planning and decision-making.
(b) Councils should carry out functions in a way that provides the best possible value for residents and ratepayers.
(c) Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community.
(d) Councils should apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements.
(e) Councils should work co-operatively with other councils and the State government to achieve desired outcomes for the local community.
(f) Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way.
(g) Councils should work with others to secure appropriate services for local community needs.
(h) Councils should act fairly, ethically and without bias in the interests of the local community.
(i) Councils should be responsible employers and provide a consultative and supportive working environment for staff.
(2) Decision-making
The following principles apply to decision-making by councils (subject to any other applicable law):
(a) Councils should recognise diverse local community needs and interests.
(b) Councils should consider social justice principles.
(c) Councils should consider the long term and cumulative effects of actions on future generations.
(d) Councils should consider the principles of ecologically sustainable development.
(e) Council decision-making should be transparent and decision-makers are to be accountable for decisions and omissions.
(3) Community participation
Councils should actively engage with their local communities, through the use of the integrated planning and reporting framework and other measures.
Chapter 3, Section 8B Principles of sound financial management
The following principles of sound financial management apply to councils:
(a) Council spending should be responsible and sustainable, aligning general revenue and expenses.
(b) Councils should invest in responsible and sustainable infrastructure for the benefit of the local community.
(c) Councils should have effective financial and asset management, including sound policies and processes for the following:
(i) performance management and reporting,
(ii) asset maintenance and enhancement,
(iii) funding decisions,
(iv) risk management practices.
(d) Councils should have regard to achieving intergenerational equity, including ensuring the following:
(i) policy decisions are made after considering their financial effects on future generations,
(ii) the current generation funds the cost of its services
Chapter 3, 8C Integrated planning and reporting principles that apply to councils
The following principles for strategic planning apply to the development of the integrated planning and reporting framework by councils:
(a) Councils should identify and prioritise key local community needs and aspirations and consider regional priorities.
(b) Councils should identify strategic goals to meet those needs and aspirations.
(c) Councils should develop activities, and prioritise actions, to work towards the strategic goals.
(d) Councils should ensure that the strategic goals and activities to work towards them may be achieved within council resources.
(e) Councils should regularly review and evaluate progress towards achieving strategic goals.
(f) Councils should maintain an integrated approach to planning, delivering, monitoring and reporting on strategic goals.
(g) Councils should collaborate with others to maximise achievement of strategic goals.
(h) Councils should manage risks to the local community or area or to the council effectively and proactively.
(i) Councils should make appropriate evidence-based adaptations to meet changing needs and circumstances.