Agenda of Strategy and Assets Committee

Minutes of the Strategy and Assets Committee

Meeting Date: Tuesday, 18 September 2018

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

Time: 5.04pm

The following members were present:

Clr John Wells - Chairperson

Clr Joanna Gash

Clr Amanda Findley

Clr Patricia White

Clr Kaye Gartner

Clr Nina Cheyne

Clr John Levett

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot

Russ Pigg - General Manager (arrived 5.09pm)

Apologies / Leave of Absence

Apologies were received from Clr Alldrick and Clr Guile.

Confirmation of the Minutes

RESOLVED (Clr Gash / Clr White) MIN18.700

That the Minutes of the Strategy and Assets Committee held on Tuesday 21 August 2018 be confirmed.

CARRIED

Declarations of Interest

Clr Findley – SA18.218 – Options for Rate Relief for Drought-Affected Farmers – Less than significant pecuniary interest declaration – will leave the room and will not take part in discussion or vote – She is the director/secretary of Brooman Farm Co which may or may not benefit from Drought Relief assistance.

Mayoral Minutes

Nil

Deputations and Presentations

SA18.210 – Notice of Motion - Toilet Block - Culburra Beach Skate Park

Alan Pendleton, President of the Culburra Beach Progress Association, spoke in favour of the recommendation.

SA18.211 – Notice of Motion – Dogs on Leash – Adelaide Street Reserve, Greenwell Point

Warwick Wright spoke against the recommendation.

Procedural Motion - Bring Item Forward

RESOLVED (Clr Pakes / Clr Gartner) MIN18.701

That the matters of the following items be brought forward for consideration:

· SA18.210 – Notice of Motion - Toilet Block - Culburra Beach Skate Park

· SA18.211 – Notice of Motion - Dogs on Leash Adelaide Street Reserve Greenwell Point

· SA18.223 – New Shoalhaven Bridge – Nowra

· SA18.218 – Options for Rate Relief for Drought-Affected Farmers

· SA18.230 – Water rebate drought affected Farmers

CARRIED

Notices of Motion / Questions on Notice

SA18.210 Notice of Motion - Toilet Block - Culburra Beach Skate Park

HPERM Ref: D18/310378

Recommendation (Item to be determined under delegated authority)

That the General Manager take all reasonable actions to ensure construction on the Toilet Block adjacent to the Skate Park at Culburra Beach is commenced without further delay.

RESOLVED (Clr Watson / Clr Pakes) MIN18.702

That the General Manager take all reasonable actions to ensure construction on the Toilet Block adjacent to the Skate Park at Culburra Beach is commenced without further delay.

CARRIED

SA18.211 Notice of Motion - Dogs on Leash Adelaide Street Reserve Greenwell Point

HPERM Ref: D18/314490

Recommendation (Item to be determined under delegated authority)

That Council

1. Reaffirms its dog on leash policy for the identified areas

a. Anzac Reserve (Greenwell Point)

b. Foreshore Reserve (Greenwell Point)

c. Adelaide Street Boat ramp (Greenwell Point)

d. Adelaide Street Reserve (Greenwell Point)

2. Undertake a trial of new signage printed on pathways

3. Consider a fenced dog off leash area for the community of Greenwell Point, possible location being the Council owned overflow carpark, West Street.

RESOLVED (Clr Pakes / Clr Watson) MIN18.703

That Council

1. Reaffirms its dog on leash policy. Council does not support the establishment of dog off leash areas in the following locations:

a. Anzac Reserve (Greenwell Point)

b. Foreshore Reserve (Greenwell Point)

c. Adelaide Street Boat ramp (Greenwell Point)

d. Adelaide Street Reserve (Greenwell Point)

2. Undertake a trial of new signage printed on pathways

3. Defer the consideration of a fenced dog off leash area for the community of Greenwell Point to the October Strategy & Assets Committee meeting to allow time to consult with the Community Consultative Body and its Sub-committee.

CARRIED

SA18.223 New Shoalhaven Bridge - Nowra

HPERM Ref: D18/305160

Recommendation (Item to be determined under delegated authority)

The Council authorise the General Manager to:

1. Make a submission to the Roads and Maritime Services on behalf of Council in relation to the RMS proposal to construct an additional bridge crossing of the Shoalhaven River immediately west of the crossing that currently connects Bomaderry to Nowra. The submission is to cover the matters contained within this report and specifically highlight the following:

a. Council is adamant that its preferred option is for grade separated intersections and does not support at grade treatments;

b. There is likely to be significant upstream and downstream impacts following construction of the Nowra bridge project. The bridge project, in conjunction with the Berry to Bomaderry upgrade, will bring forward the need to extend 3 lanes of traffic in each direction continuous through Bomaderry and South Nowra;

c. With regards to urban design, Council requests that the RMS urban design team agrees to a plan and process that involves Council staff in the urban design to ensure integration between the Nowra Bridge project and the Council’s river foreshore masterplan;

d. Opportunities exist for RMS residual assets that may have the potential to enhance some of Council’s long term projects, and Council requests that the RMS work closely with Council staff to achieve the best value for money from residual assets.

2. Make further submissions as the design process commences, briefing Councillors regularly and reporting back to Council as required.

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

RESOLVED (Clr Watson / Clr White) MIN18.704

That Council

a. Council is adamant that its preferred option is for grade separated intersections and does not support at grade treatments;

2. Make further submissions as the design process commences, briefing Councillors regularly and reporting back to Council as required.

4. Make urgent representations to RMS (copied to Shelley Hancock MP and Gareth Ward MP) with respect to

a. the removal of the traffic lights at the intersection with the Riverview Road precinct;

b. the need to continue planning for the Western Bypass of Nowra.

CARRIED

SA18.218 Options for Rate Relief for Drought-Affected Farmers

HPERM Ref: D18/303835

Clr Findley – Declaration of Conflict of Interest – Less than significant pecuniary interest declaration – left the room and will not take part in discussion or vote – She is the director/secretary of Brooman Farm Co which may or may not benefit from Drought Relief assistance.

Note: Clr Findley left the meeting at 6.44pm

Recommendation (Item to be determined under delegated authority)

That Council:

1. Note the actions taken to date in promoting the NSW Government’s Drought Assistance.

2. Amend its Hardship Policy to allow all Farmland rated property owners experiencing financial hardship due to the drought to make an application to have their rates deferred to the 2019/20 financial year.

3. Endorse the issue of two Drought Relief Waste Disposal vouchers for each Shoalhaven property with a ‘Farmland’ or ‘Farmland – Dairy Farmers’ rating.

4. Place the financial assistance measures it proposes for drought-affected farmland on public notice, in accordance with Section 356 of the Local Government Act, and receive a further report following the notification period and review any written submissions received.

5. Note that Council staff, as an interim measure, will process any payment plan for the 2018/19 financial year submitted by eligible farmers experiencing financial hardship.

6. Promote the measures outlined in this report that provide practical support to drought affected farmers across the Shoalhaven.

RESOLVED (Clr Pakes / Clr White) MIN18.705

That Council:

1. Note the actions taken to date in promoting the NSW Government’s Drought Assistance.

3. Endorse the issue of two Drought Relief Waste Disposal vouchers for each Shoalhaven property with a ‘Farmland’ or ‘Farmland – Dairy Farmers’ rating.

5. Note that Council staff, as an interim measure, will process any payment plan for the 2018/19 financial year submitted by eligible farmers experiencing financial hardship.

6. Promote the measures outlined in this report that provide practical support to drought affected farmers across the Shoalhaven.

CARRIED

Note: Clr Findley returned to the meeting at 6.50pm

SA18.230 Water rebate drought affected Farmers

HPERM Ref: D18/281564

Recommendation

That Council

1. Provide upon application a water rebate to customers classified for the purposes of water consumption as rural/agricultural to take effect from 1 October 2018 and for the duration of the drought.

2. The rebate be calculated as a 50% reduction of the water usage charge for the difference between the calculated daily average consumption on a billed account and the daily average consumption of the previous corresponding three periods.

3. This proposal be publicly notified in accordance with Section 356 of the Local Government Act, and a further report be provided following the notification period and review of any written submissions received.

RECOMMENDATION (Clr Pakes / Clr White)

That Council

1. Provide upon application a water rebate to customers classified for the purposes of water consumption as rural/agricultural to take effect from 1 October 2018 and for the duration of the drought.

CARRIED

Report of the Business & Employment Development Committee - 22 August 2018

BE18.22 Membership - new members

HPERM Ref: D18/237405

Recommendation (item to be determined under delegated authority)

That:

1. The report outlining the new representatives for Shoalhaven Secondary Schools and TAFE NSW be received for information.

2. Mary-Jean Ardent and Steve Prothero be appointed as community member representatives.

RESOLVED (Clr Pakes / Clr White) MIN18.706

That:

1. The report outlining the new representatives for Shoalhaven Secondary Schools and TAFE NSW be received for information.

2. Mary-Jean Ardent and Steve Prothero be appointed as community member representatives.

CARRIED

Report of the Inclusion & Access Advisory Group - 3 September 2018

IA18.13 Beach Wheelchair Access

HPERM Ref: D18/276058

Recommendation (item to be determined under delegated authority)

That:

1. The report regarding Beach Wheelchair Access be received for information;

2. Council install signage at each of the Beach Wheelchair Access locations advising that wheelchairs are available and with contact details for hire.

RESOLVED (Clr Pakes / Clr White) MIN18.707

That:

1. The report regarding Beach Wheelchair Access be received for information;

2. Council install signage at each of the Beach Wheelchair Access locations advising that wheelchairs are available and with contact details for hire.

CARRIED

IA18.15 Application for Membership - Grace Kennedy

HPERM Ref: D18/286049

Recommendation (item to be determined under delegated authority)

That Grace Kennedy be appointed as a member of the Inclusion and Access Committee.

RESOLVED (Clr Gash / Clr White) MIN18.708

That Grace Kennedy be appointed as a member of the Inclusion and Access Committee.

CARRIED

Reports

SA18.214 Gateway Park - Nowra

HPERM Ref: D18/213658

Recommendation (Item to be determined under delegated authority)

That Council determine to put the Gateway Park project on hold until RMS finalise their plans regarding the new bridge crossing.

RESOLVED (Clr Gash / Clr White) MIN18.709

That Council determine to put the Gateway Park project on hold until RMS finalise their plans regarding the new bridge crossing.

CARRIED

SA18.215 Redesign of Bay and Basin Hub and proceed to detail design

HPERM Ref: D18/288050

Recommendation (Item to be determined under delegated authority)

That Council agree to progress on the Bay and Basin Hub by:

1. Endorsing the revised concept plans; and

2. Proceed to detail design for the Bay and Basin Hub featuring the inclusions of a learn to Swim/Therapy pool and exclusion of library facilities.

RESOLVED (Clr Pakes / Clr Gartner) MIN18.710

That Council agree to progress on the Bay and Basin Hub by:

1. Endorsing the revised concept plans; and

2. Proceed to detail design for the Bay and Basin Hub featuring the inclusions of a learn to Swim/Therapy pool and exclusion of library facilities.

CARRIED

SA18.216 Floodlighting Charges Review

HPERM Ref: D18/295712

Recommendation

That:

1. The Floodlighting fee for sportsgrounds be amended to $0.47/kwhr for the 2018/19 financial year.

2. The Floodlighting fee is to be Consumer Price Indexed (CPI) annually thereafter, in line with Council’s other Fees & Charges, and adjusted to accommodate any future increases to electricity charges beyond CPI.

3. All fees for sportsground floodlighting for local clubs, be waived and no charges to apply, for the period 1 July 2017 to 30 March 2019. This includes both Council and Management Committee public facilities.

4. Local clubs be reimbursed for any invoices already paid for sportsground floodlighting for the period 1 July 2017 to 30 March 2019. Local clubs at Management Committee facilities to be refunded from the Sportsgrounds operational budget.

5. 2018/19 Floodlight fees for local clubs be charged quarterly from 1 April 2019.

6. Council staff to administer all invoicing, and payments for floodlighting to be made directly from clubs to Management Committees where applicable.

7. Staff to ensure that all electricity accounts are held in the name of Shoalhaven City Council or Management Committee. Local clubs at all public facilities are to be invoiced according to this Resolution.

8. Staff install floodlight controllers on all Council sportsgrounds by 1 April 2019, subject to funding availability.

9. Council allocate the balance of $42,500 to the Floodlight Controllers budget, required to facilitate the installation of illuminators at currently unfunded sportsgrounds, thus enabling all controllers to be in place and operational by 1 April 2019.

10. Amendments to the Floodlighting fee (Fees and Charges Policy) be placed on Public Exhibition for a period of 28 days, in accordance with Section 705 of the Local Government Act. If no adverse comments are received, the amended Policy be deemed adopted.

11. Staff amend the Sportsground Management Policy to reflect this Resolution, and the Policy be placed on Public Exhibition for a period of 28 days. If no adverse comments are received, they amended Policy be deemed adopted.

RECOMMENDATION (Clr Gartner / Clr Cheyne)

That:

1. The Floodlighting fee for sportsgrounds be amended to $0.47/kwhr for the 2018/19 financial year.

5. 2018/19 Floodlight fees for local clubs be charged quarterly from 1 April 2019.

6. Council staff to administer all invoicing, and payments for floodlighting to be made directly from clubs to Management Committees where applicable.

8. Staff install floodlight controllers on all Council sportsgrounds by 1 April 2019, subject to funding availability.

carried

For: Clr Wells, Clr Gash, Clr Findley, Clr White, Clr Gartner, Clr Cheyne, Clr Levett, Clr Pakes, Clr Watson, Clr Kitchener and Russ Pigg

Against: Clr Proudfoot

SA18.217 Proposed Submission to Everyone Can Play - Draft Guideline on Creating Inclusive Playspaces

HPERM Ref: D18/280615

Recommendation (Item to be determined under delegated authority)

That Council endorse the draft submission at Attachment 1 on the Everyone Can Play Draft Guideline and submit to the NSW Department of Planning and Environment, Office of Open Space and Parklands.

RESOLVED (Clr Gartner / Clr Cheyne) MIN18.711

That Council endorse the draft submission at Attachment 1 on the Everyone Can Play Draft Guideline and submit to the NSW Department of Planning and Environment, Office of Open Space and Parklands.

CARRIED

SA18.218 Options For Rate Relief For Drought-Affected Farmers

HPERM Ref: D18/303835

Item dealt with earlier in the meeting see MIN18.705

SA18.219 Receive Money from South Coast Regional Tourism Organisation (SCRTO)

HPERM Ref: D18/304069

Recommendation (Item to be determined under delegated authority)

That Shoalhaven City Council

1. Receive the report for information and accept the payment of $2,312.48.

2. Council write to the partners of SCRTO and thank them for their long-term partnership and collaboration.

RESOLVED (Clr Proudfoot / Clr White) MIN18.712

That Shoalhaven City Council

1. Receive the report for information and accept the payment of $2,312.48.

2. Council write to the partners of SCRTO and thank them for their long-term partnership and collaboration.

CARRIED

SA18.220 Continuation of Road Safety Officer Program (to 30 June 2021)

HPERM Ref: D18/288483

Recommendation (Item to be determined under delegated authority)

That Council write to Bernard Carlon, Executive Director (Centres for Road Safety and Maritime Safety) advising that Council accepts the invitation to participate in the revised Local Government Road Safety Program (LGRSP) until 30 June 2021, in particular the 50/50 funding agreement for the Road Safety Officer (RSO) position.

RESOLVED (Clr Findley / Clr Gartner) MIN18.713

CARRIED

SA18.221 Local Government Road Safety Program 2018/19 (Approved Projects)

HPERM Ref: D18/288506

Recommendation

That Council writes to NSW Roads and Maritime Services (RMS) thanking it for its funding assistance towards the 2018/19 Road Safety Program and accept and vote the grant funding offer of $11,400 from RMS as follows:

1. $900 for Shoalhaven Look out before you step out pedestrian safety

2. $600 for Shoalhaven Youth Graduated Licensing Scheme (GLS)

3. $4200 for Shoalhaven Free Cuppa for the Driver Fatigue program

4. $200 for Motorcycle Safety- Motorcycle Awareness Week

5. $500 for the Safety around Schools Forum

6. $5000 for Bike Week

7. Slow Down / Hold my Hand / There’s Kids Around Pedestrian safety - Little Blue Dinosaur campaign (no funds required)

8. Speed Monitoring on Local Roads (paid directly by RMS).

9. Breath Testing at Local Events (paid directly by RMS).

10. 65 + Older Drivers Presentations (paid directly by RMS).

11. U turn the Wheel youth program (paid directly by Rotary).

RECOMMENDATION (Clr Proudfoot / Clr White)

1. $900 for Shoalhaven Look out before you step out pedestrian safety

2. $600 for Shoalhaven Youth Graduated Licensing Scheme (GLS)

3. $4200 for Shoalhaven Free Cuppa for the Driver Fatigue program

4. $200 for Motorcycle Safety- Motorcycle Awareness Week

5. $500 for the Safety around Schools Forum

6. $5000 for Bike Week

7. Slow Down / Hold my Hand / There’s Kids Around Pedestrian safety - Little Blue Dinosaur campaign (no funds required)

8. Speed Monitoring on Local Roads (paid directly by RMS).

9. Breath Testing at Local Events (paid directly by RMS).

10. 65 + Older Drivers Presentations (paid directly by RMS).

11. U turn the Wheel youth program (paid directly by Rotary).

CARRIED

SA18.222 Bolong Road / Back Forest Road - Unsuitable Material

HPERM Ref: D18/302406

Recommendation (Item to be determined under delegated authority)

That Council notes in respect to the works on Bolong Road:

1. That the removal of unsuitable material is required at the Bolong Road shoulder widening/safety improvement works 400m east of Broughton Creek;

2. The value of this work is estimated to be $359,678.40 (GST exclusive);

3. It will be managed as a variation under the terms of the contract with Select Civil Pty Ltd;

4. Funding for this additional work is being sought from external sources.

RESOLVED (Clr Findley / Clr White) MIN18.714

That Council notes in respect to the works on Bolong Road:

1. That the removal of unsuitable material is required at the Bolong Road shoulder widening/safety improvement works 400m east of Broughton Creek;

2. The value of this work is estimated to be $359,678.40 (GST exclusive);

3. It will be managed as a variation under the terms of the contract with Select Civil Pty Ltd;

4. Funding for this additional work is being sought from external sources.

CARRIED

SA18.223 New Shoalhaven Bridge - Nowra

HPERM Ref: D18/305160

Item dealt with earlier in the meeting see MIN18.704.

SA18.224 Crown Land Management Act 2016

HPERM Ref: D18/305448

Recommendation (Item to be determined under delegated authority)

That the General Manager be authorised to make submissions to the Minister responsible for administration of the Crown Lands Management Act 2016 in relation to (a) the classification of specific Crown reserves as operational land, (b) the categorisation of specific Crown reserves which have been classified as community land, and (c) proposed changes of reserve purpose(s).

RESOLVED (Clr Pakes / Clr White) MIN18.715

CARRIED

SA18.225 Classification of Land - Lot 137 DP 1236274 - Vendetta St Nowra

HPERM Ref: D18/298418

Recommendation

That Council resolve to classify the land described as Lot 137 DP 1236274 Vendetta Street Nowra, as Operational Land.

RECOMMENDATION (Clr Gash / Clr Wells)

That Council resolve to classify the land described as Lot 137 DP 1236274 Vendetta Street Nowra, as Operational Land.

CARRIED

SA18.226 Proposed Licence to Berry Riding Club Inc

HPERM Ref: D18/260965

Recommendation

That Council resolves to:

1. Enter into a 5 year licence agreement over Lot 6 DP 1188080 at Schofields Lane Berry with a 5 year option period with Berry Riding Club Incorporated commencing at an annual rent of $10,702.84 + GST with annual CPI increases.

2. Approve the allocation of rent received under the licence agreement into the Property Reserve Restricted Asset Account.

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

RECOMMENDATION (Clr Wells / Clr Pakes)

That Council resolves to:

2. Approve the allocation of rent received under the licence agreement into the Property Reserve Restricted Asset Account.

CARRIED

SA18.227 Rent Waivers for Leases and/or Licences - Council Owned or Managed Buildings/Property

HPERM Ref: D18/305852

Recommendation (Item to be determined under delegated authority)

That Council:

1. Notes that no rental fees have been waived since September 2015;

2. Resolves to rescind MIN15.597C which required submission of a quarterly report on rent waivers; and

3. Undertakes to report annually as Council has not waived any rental fees since the recommendation of MIN15.597C in September 2015.

RESOLVED (Clr Gartner / Clr White) MIN18.716

That Council:

1. Notes that no rental fees have been waived since September 2015;

2. Resolves to rescind MIN15.597C which required submission of a quarterly report on rent waivers; and

3. Undertakes to report annually as Council has not waived any rental fees since the recommendation of MIN15.597C in September 2015.

CARRIED

SA18.228 Holiday Haven Tourist Parks - End of Year Report

HPERM Ref: D18/190107

Recommendation (Item to be determined under delegated authority)

The Holiday Haven Tourist Parks – End of Year Report be received for information with Council noting the following highlights;

1. Tourist park income is up 4.5% on last year and exceeded total budgeted income by 1%

2. Overall expenses were up on the previous year by 6.4% and up on budget by 2.1%.

3. Holiday Haven consolidated park occupancy increased 2.2% on 16/17.

4. Holiday Haven net operating result for FY 17/18 was 2.4% below budget and 1.5% above 16/17 results.

RESOLVED (Clr Proudfoot / Clr White) MIN18.717

That

1. The Holiday Haven Tourist Parks – End of Year Report be received for information with Council noting the following highlights;

a. Tourist park income is up 4.5% on last year and exceeded total budgeted income by 1%

b. Overall expenses were up on the previous year by 6.4% and up on budget by 2.1%.

c. Holiday Haven consolidated park occupancy increased 2.2% on 16/17.

d. Holiday Haven net operating result for FY 17/18 was 2.4% below budget and 1.5% above 16/17 results.

2. The ‘Shoalhaven’ name and/or logo be displayed on all Holiday Haven marketing and promotional materials.

CARRIED

SA18.229 Proposed Residential Subdivision - Mundamia Urban Release Area - George Evans and Jonsson Roads Mundamia (SSD7169)

HPERM Ref: D18/202447

Recommendation (Item to be determined under delegated authority)

That Council:

1. Provide ‘in-principle’ support to enter into a Voluntary Planning Agreement as per the draft consent issued by the NSW Department of Planning and Environment;

2. Upon determination of the application, by the NSW Department of Planning and Environment, process the draft Voluntary Planning Agreement as per legislative requirements (the draft VPA needs to be reported to Council and exhibited); and

3. Supports ‘in principle’ the request for financial contribution to the construction of traffic calming devices associated with this proposed subdivision including allocation of the necessary funds for contribution to the necessary traffic calming devices to that extent Council confirms its share (calculated to be $135,979.26) will be payable upon completion of the works as requested by the applicant.

RESOLVED (Clr Gartner / Clr White) MIN18.718

That Council:

1. Provide ‘in-principle’ support to enter into a Voluntary Planning Agreement as per the draft consent issued by the NSW Department of Planning and Environment;

CARRIED

SA18.230 Water Rebate Drought Affected Farmers

HPERM Ref: D18/281564

Item dealt with earlier in the meeting.

Introduction of Items as Matters of Urgency

RESOLVED (Clr Pakes / Clr White) MIN18.719

That the following addendum reports be introduced as matters of urgency:

1. SA18.231 Waste Expo Australia

CARRIED

The Chairperson ruled the matters as ones of urgency as they relate to urgent business of Council and allowed their introduction.

Addendum Reports

SA18.231 Waste Expo Australia

HPERM Ref: D18/317870

Recommendation (Item to be determined under delegated authority)

That Council

1. Notes the details of the Waste Expo Australia scheduled for 3 and 4 October 2018 in Melbourne, Victoria.

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.

RESOLVED (Clr Pakes / Clr White) MIN18.720

That Council

1. Notes the details of the Waste Expo Australia scheduled for 3 and 4 October 2018 in Melbourne, Victoria.

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

Procedural Motion - Matters of Urgency

RESOLVED (Clr Watson / Clr Pakes) MIN18.721

That an additional item regarding DS18/1343 - 8 Admiralty Crescent, Huskisson be introduced as a matter of urgency.

CARRIED

The chairperson ruled the matter as urgent as it is intended for the agenda of a forthcoming Development Committee meeting.

SA18.232 DS18/1343 - 8 Admiralty Crescent Huskisson

RESOLVED (Clr Watson / Clr Pakes) MIN18.722

That the matter of DS18/1343 - 8 Admiralty Crescent, Huskisson – be brought for consideration at a future Development Committee meeting due to the significant public interest in the development.

CARRIED

There being no further business, the meeting concluded, the time being 7.11.

Clr Wells

CHAIRPERSON

Strategy and Assets Committee – Tuesday 16 October 2018

Page 1

SA18.233 2018/2019 Conferences

HPERM Ref: D18/315189

Group: Finance Corporate & Community Services Group

Section: Human Resources, Governance & Customer Service

Purpose / Summary

To consider Councillor attendance at various conferences from November 2018 to October 2019.

Recommendation (Item to be determined under delegated authority)

That Council

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

a. 27^th NSW Coastal Conference

b. 18^th International Cities and Town Centres Conference

c. 2018 Global Eco Asia-Pacific Tourism Conference

d. 2019 Climate Leadership Conference

e. 2019 Australian Coastal Councils Conference

f. 2019 Australian Local Government Women’s Association NSW State Conference

g. Waste 2019 Conference

h. 2019 OzWater Conference

i. 2019 National General Assembly of Local Government

j. 2019 LGNSW Water Management Conference

k. 2019 NSW Local Government Aboriginal Network Conference

l. 2019 LGNSW Annual Conference

2. Require that travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with Council Members – Payment of Expenses and Provision of Facilities Policy.

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

4. The Ordinary Meeting in November 2018 be rescheduled from the 27 November to 20 November 2018, if there are several councillors wishing to attend the 2018 Global Eco Asia-Pacific Tourism Conference.

Options

1. As per the recommendation. Additional information on conferences which is not available at the time of publication of the report will be provided to the Councillors.

2. That Council receive an individual report for each conference.

3. That Council not approve Councillor attendance at one or more of the listed Conferences as Council Business.

Background

In order for Councillors’ registration and associated expenses for attendance at Conferences outside the local government area to be covered by the Council Members – Payment of Expenses and Provision of Facilities Policy, a resolution of the Council is required to determine the attendance as ‘Council Business’.

In previous years a separate report has been written for Councillor attendance at each of the conferences listed in the recommendation. To reduce administration and inform Councillors of conferences available for attendance in advance it is proposed that Council authorise attendance at all of the following conferences in this one report. Additional reports will be provided to the Council when there is a need to appoint voting delegates and endorse motions from the Council for inclusion in the business paper of a conference.

The details of the Conferences available to the Council currently are as follows:

a. 27^th NSW Coastal Conference

Dates: 7-9 November 2018

Location: Merimbula, NSW

Costs of Registration: up to $885

b. 18^th International Cities and Town Centres Conference

Dates: 14-16 November 2018

Location: Fremantle, WA

Costs of Registration: up to $1300

c. 2018 Global Eco Asia-Pacific Tourism Conference

Dates: 26-28 November 2018

Location: Townsville, QLD

Costs of Registration: up to $1295

A number of Councillors have expressed a desire to attend this conference and it is recommended that the November Council meeting be bought forward to the 20 November 2018 to ensure a quorum is reached for the meeting.

d. 2019 Climate Leadership Conference

Dates: Not known – last event was 15-16 March 2018

Location: Not yet available

Costs of Registration: Not yet available

e. 2019 Australian Coastal Councils Conference

Dates: 6-8 March 2019

Location: Kiama, NSW

Costs of Registration: Not yet available

f. 2019 Australian Local Government Women’s Association NSW State Conference

Dates: 4-6 April 2019

Location: Liverpool, NSW

Costs of Registration: Not yet available

g. Waste 2019 Conference

Dates: 14-16 May 2019

Location: Coffs Harbour, NSW

Costs of Registration: Not yet available

h. 2019 OzWater Conference

Dates: 7-9 May 2019

Location: Melbourne, VIC

Costs of Registration: Not yet available

i. 2019 National General Assembly of Local Government

Dates: Not available– last event was 17-20 June 2018

Location: Canberra ACT

Costs of Registration: Not yet available

j. 2019 LGNSW Water Management Conference

Dates: Not Confirmed – August or early September 2019.

Location: Not yet available

Costs of Registration: Not yet available

k. 2019 NSW Local Government Aboriginal Network Conference

Dates: Not available– last event was 12-14 September 2018

Location: Not yet available

Costs of Registration: Not yet available

l. 2019 LGNSW Annual Conference

Dates: Not available – 2018 Conference is 21-23 October.

Location: Not yet available

Costs of Registration: Not yet available

For those conferences where details of the Conferences were not available at the time of this report, Councillors will be advised by email of the specific details. Councillors will also be advised further in relation to the above conference as conference dates get closer.

It is acknowledged that the above list may not include all conferences which may be available in the upcoming year. Conferences additional to those listed above which warrant consideration of attendance by Councillors will be reported individually to the Council once their details are advertised.

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 these conferences.

The expenses relating to Councillors’ attendance at conferences and other expenses are published annually on the Council’s Website.

Strategy and Assets Committee – Tuesday 16 October 2018

Page 1

SA18.234 Access Areas for Dogs Policy and Off-leash Dog Areas - Sussex Inlet District and Greenwell Point

HPERM Ref: D18/309379

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Attachments: 1. Response from Greenwell Point Community Association ⇩

Purpose / Summary

To report on the outcomes of the Sussex Inlet District investigation for a dog off-leash area as per MIN18.567 and seek further direction from Council; and provide further information in relation to dog off-leash areas in Greenwell Point as per MIN18.703.

Recommendation (Item to be determined under delegated authority)

That Council resolves to:

1. Bring forward the timing of the comprehensive review of the Access Areas for Dog Policy from 2020 to the first half of 2019.

2. Have the policy review undertaken in consultation with Ranger Services as the enforcement body, and the broader community, and consider the process for new off-leash dog areas including site criteria and fencing arrangements.

3. Seek quotations for the engagement of a suitably qualified and experienced consultant to facilitate the review, and a further report be presented to Council recommending a preferred consultant and an identified funding source.

4. Defer a decision in relation to an off-leash dog area in the Sussex Inlet District and at Greenwell Point, and signage, until the comprehensive review of the Access Areas for Dog Policy has been completed.

Options

1. Adopt the recommendation.

Implications: Council have indicated that a comprehensive review of the Policy is required to address the various issues with the Policy. Given the limited resources currently available and the timing of the next review being 2020, engaging an external consultant will allow for the comprehensive review to be undertaken. Proceeding with the recommendation will require deferral of any decisions of the Sussex Inlet District and Greenwell Point, and new signage off-leash dog area until the comprehensive review is undertaken. Community consultation will be integrated as part of the policy review; this could provide an opportunity to consult with the relevant communities in relation to Sussex Inlet District and Greenwell Point.

2. Adopt an alternative recommendation.

Implications: Depending on the nature of the alternative recommendation, additional resources or budgets may be required to address any additional work.

3. Do not proceed with a review of the Access Areas for Dog Policy. Alternatively, undertake community consultation of potential sites for dog off-leash areas in Sussex Inlet District as per MIN18.567 and establish a trial fenced off-leash dog area in Greenwell Point.

Implications: If Council resolve to proceed with community consultation for Sussex Inlet District and Greenwell Point off-leash dog areas, Council will need to provide direction of a short list for Sussex Inlet District and confirm the location for the trial at Greenwell Point that acknowledges feedback received from the Community Consultative Body. Proceeding with community consultation for off-leash dog areas in Sussex Inlet District and Greenwell Point should not precede a comprehensive review of the Policy. The addition of off-leash dog areas in these localities could be considered as part of the Policy review and community consultation to be undertaken as part of the Policy review.

Background – Sussex Inlet District

At the Ordinary Council meeting of 26 June 2018, a Notice of Motion was received in relation to the use of part of Cudmirrah Beach as an off-leash dog area. The resolution (MIN18.458) was as follows:

1. Allocate appropriate human resources to implement a 12 month trial for designated dog areas on Cudmirrah beach only as follows:-

1. Koolyn Drive Reserve to the north to “S4” sign on the beach as “24 hour off leash dogs area”

2. Sussex Inlet Surf Club to the south to “S4” on the beach as ‘dogs on lead”.

2. Provide an appropriate on leash area for access to the trial area from the southern side in Koolyn Drive Reserve and the northern side adjacent to the Sussex Surf Club.

3. Provide a new “S4” sign on Cudmirrah beach, to replace the old sign. Additional dog signage also be provided at this location on the beach.

4. Provide the standard large dog information signs at Cudmirrah and Sussex Inlet Surf Club identifying the new dog area.

5. Receive a further report on the outcomes and community feedback following the trial.

6. Once the trial has been implemented, Ranger services undertake additional patrols in and around the Berrara Creek and Berrara beach area for dogs off leash.

At the next Ordinary Council meeting on 31 July 2018, a rescission motion was received in relation to the previous Council resolution. The rescission motion was carried (MIN18.566) and a new Notice of Motion was received which put forward:

1. Council undertake extensive community consultation including NPWS, Birdlife Shoalhaven, Shorebird volunteers, Office of Environment and Heritage and local dog owners in the Sussex Inlet, Swan Lake and Berrara communities to establish a fenced dog exercise park that allows for dogs to exercise off leash.

2. Sites to be considered include Thompson Street Recreational Area as it is within a residential area and therefore within walking distance for many residents.

3. The community consultation also consider the future of Swan Lake Beach as a dog off leash area.

It was resolved (MIN18.567) that:

1. A Councillor briefing be held on possible sites in the Sussex Inlet area, which may be suitable for an authorised “dog off leash” location to be established.

2. Following the briefing extensive community consultation be undertaken on the short listed sites and a report be provided to Council with a view to making a decision in November 2018.

In accordance with Part 1 of the above minute, Council staff briefed the Councillors on 30 August 2018 in relation to potential sites in the Sussex Inlet District for an off-leash dog area. At the Councillor Briefing, a number of issues were raised in relation to dog off-leash area, Council’s Policy generally and the implementation of off-leash dog areas.

Site Investigation – Sussex Inlet District

A review of the Council owned and managed lands was undertaken in Sussex Inlet, Cudmirrah, Swanhaven and Berrara to identify potential dog off-leash areas. This process identified a total of 101 lots that are Council owned or managed, and six (6) coastal / beach areas including Sussex Inlet Canal, Cudmirrah Beach, Swan Lake / Ski Beach, Bherwerre Beach, Kirby’s Beach and Berrara Creek / Beach. It was noted that within the Sussex Inlet District, Ski Beach on Swan Lake is an existing timed off-leash dog area.

As part of the investigation, sites were considered in terms of accessibility / site limitations, existing assets, safety and environmental constraints. The site investigation resulted in the identification of five (5) potential sites. However, it was noted that there would be issues in terms of establishing a dog off-leash area at each of the sites. The site options are:

1. Part of Finkernagel Reserve,

2. Part of Thomson Street Reserve,

3. Lakehaven Drive (Bowling Club) Reserve,

4. Third Avenue Reserve,

5. Part of Jacob Elmoos Reserve (off Thora Street).

During the Councillor Briefing on 30 August 2018, Councillors noted that each of the sites were complex and had the potential to be controversial, particularly Finkernagel Oval, Thomson Street Reserve and Third Avenue Reserve, including but not limited to their existing use and adjacent sensitive residential land uses. Acknowledging the issues with the various sites, Lakehaven Drive (Bowling Club) Reserve was considered to be the most suitable for a potential off-leash dog area.

Background - Greenwell Point

Since the Councillor Briefing on the Sussex Inlet District Investigation, a Notice of Motion was considered by Council’s Strategy and Assets Committee on 18 September 2018 in relation to dogs on-leash and off-leash in Greenwell Point. The resolution (MIN18.703) of the Committee was that Council:

1. Reaffirms its dog on leash policy. Council does not support the establishment of dog off leash areas in the following locations:

a. Anzac Reserve (Greenwell Point)

b. Foreshore Reserve (Greenwell Point)

c. Adelaide Street Boat ramp (Greenwell Point)

d. Adelaide Street Reserve (Greenwell Point)

2. Undertake a trial of new signage printed on pathways.

In implementing a trial of new signage printed on pathways Council must identify a suitable location. The General Manager’s note to the Notice of Motion had indicated that provision of printed signage on pathways requires further exploration in terms of location for establishment and durability of such signage. Where paved pathways (either asphalt/bitumen or concrete) exist in dog on-leash areas, provision of printed signs is possible, however this on-ground signage cannot be established on gravel, grass or other terrain.

In addition, durability of printed pathway signage in some locations may be limited due to environmental constraints or high traffic. Further consideration is required with respect to the area where such printed signage is to be implemented, i.e. in transition zones between on-leash and off-leash dog areas. It is recommended that any decision in relation to new signage on pathways or otherwise be deferred until a comprehensive review is completed.

In relation to the above minute, Council staff wrote to the Greenwell Point Community Consultative Body (CCB), Greenwell Point Community Association (GPCA). A response was received from GPCA on 9 October and is provided at Attachment 1. The response from GPCA indicates the following:

2. Following the community survey, West Street is seen as the most appropriate location for an off-leash dog area.

3. GPCA have provided doggy-bag dispenser stations in Anzac Park and Crookhaven Drive to reduce undisposed animal excrement, however these do not seem to stop the ongoing situation of dog owners not picking up after their dogs.

4. Offer the following suggestions:

a. Additional ranger patrols in Greenwell Point, during the week and weekends.

b. Dog owners be fined without warning if caught with a dog off a leash (no second chances).

c. Dog owners be fined if they do not have a doggy-bag on them, if questioned by a Ranger.

d. Improved signage at our Parks stating what the fines are.

e. Signage on pathways for dog on Leash owners to follow.

5. GPCA looks forward to discussing the logistics of a fenced off-leash dog area at the West Street park area with Council.

Community Engagement

Sussex Inlet District Investigation

Part 2 of the resolution of Council from 28 July 2018 (MIN18.567) requires extensive community consultation be undertaken on a shortlist of sites for potential off-leash dog areas in Sussex Inlet District. This report is seeking direction on the shortlist of potential sites so that Council staff are able to proceed with actioning this part of the minute.

Greenwell Point Investigation

Part 3 of the resolution of Council from 18 September 2018 (MIN18.703) required consultation with the GPCA and its sub-Committee prior to making any decision of a fenced dog off-leash area for Greenwell Point.

Since the Strategy and Assets meeting, Council staff wrote to the GPCA and sub-committee requesting their feedback on the matter for Council’s consideration. The feedback provided is detailed in this report. It should be noted that the feedback received from the GPCA, does not necessarily reflect the views of the whole community. Subject to Council’s decision in respect to the recommendation of this report, the response received from GPCA should be considered as part of the comprehensive review of the Policy.

Policy Implications

Council’s Policy, Access Areas for Dogs, was last reviewed in 2017 with the next review due in 2020. The investigation of potential sites for off-leash dog areas in Sussex Inlet District was undertaken outside of the review process of the Policy.

At the Councillor Briefing on 30 August 2018, Councillors indicated that the timing for the next review of the Policy was not suitable. It was suggested that due to resourcing issues, an external consultant could undertake a review of the Policy. Acknowledging the inclination to review the policy immediately, it is recommended that the review period be brought forward to early 2019.

In moving forward, Council could consider doing bi-annual reviews to the Policy to address issues which arise mid-operational period.

Financial Implications

Policy review

At the Councillor Briefing, two directions were suggested, including:

1. Undertaking a full review of the Access Areas for Dogs Policy subject to a detailed workshop with the Councillors; and

2. In the interim of any Policy review, establishing a position to fence all new dog off-leash areas.

Depending on the direction of Council, the options available will require the allocation of a budget provision to facilitate a Policy review at this time. There is also no budget allocation for the installation of fencing. A previous report to Council’s Strategy and Assets Committee in July 2016 indicates that a full policy review would cost in the order of up to $120,000.

It is also noted that the extensive community consultation required by MIN18.567 has not been separately resourced or budgeted for at this stage.

Signage Trial and Fenced Off-leash Dog Areas

At the Strategy and Assets Committee meeting on 18 September 2018, Council considered a Notice of Motion in relation to a fenced off-leash dog area at Greenwell Point and undertaking a trial of new signage printed on pathways. Provision of signage on pathways will require a budget of approximately $5,000 for graphic design, sign printing (stencil) and delivery for at least two printed signs. Fencing is expected to cost up to $20,000, depending on the ultimate size of the area. As per the recommendation, it is suggested that these matters should be considered subsequent to a comprehensive policy review.

Strategy and Assets Committee – Tuesday 16 October 2018

Page 1

SA18.235 Installation of Bollards - Marine Vegetation Protection - Jacob Ellmoos Reserve, Sussex Inlet

HPERM Ref: D18/326935

Group: Finance Corporate & Community Services Group

Section: Recreation, Community & Culture

Attachments: 1. Saltmarsh Brochure - DPI Fisheries ⇩

2. Permit to Harm - Jacob Ellmoos Reserve - Sussex Inlet - DPI Fisheries ⇩

Purpose / Summary

To report to Council prior to the installation of bollards and signage to demarcate and protect coastal Saltmarsh in Jacob Ellmoos Reserve, Sussex Inlet - in accordance with MIN18.475.

Recommendation

That Council:

1. Install bollards and signage at Jacob Ellmoos Reserve, Sussex Inlet, to comply with NSW DPI Fisheries (Fisheries) issued Permit: PN18/22 in order to protect identified coastal Saltmarsh protected areas, aligning with the Fisheries recommended course of action.

2. Notify neighbouring residents of Council’s Resolution prior to installation and provide Fisheries’ brochure for their information.

3. Hold a workshop with relevant staff in 2019 to discuss potential Policy changes that may reflect Council’s intent and outcomes expected when decisions are made on bollard placement within reserves and Parks.

Options

1. Install bollard barriers to protect identified Saltmarsh areas at Jacob Ellmoos Reserve to comply with NSW DPI Fisheries (Fisheries) issued Permit: PN18/22 in order to protect identified coastal Saltmarsh protected areas – this is the Fisheries recommended course of action. Notify neighbouring residents of Council’s Resolution prior to installation and provide Fisheries’ brochure for their information.

Implications: Bollard barriers will be installed at the foreshore reserve. Effective protection of Saltmarsh communities in compliance with Fisheries Permit. Clear demarcation of protected areas for Council mowing staff will reduce potential for penalties. Potential opposition from residents.

2. Install Fisheries signage at key entry points to the area.

Implications: Education of local community regarding legislation and penalties associated with protected areas of Saltmarsh.

3. Install continuous fencing around protected Saltmarsh areas. Install Fisheries signage at close intervals along fencing.

Implications: Additional infrastructure at coastal reserves. May incur additional cost – no quotes sought by staff at this time. Unsightly infrastructure, and likely strong community opposition. Clear demarcation of protected areas for Council mowing staff will reduce potential for penalties.

4. Do not install barriers around protected Saltmarsh areas. Install Fisheries supplied signage at entry points to reserve.

Implications: Saltmarsh areas remain vulnerable to continued harm. Thorough training and awareness required for all relevant Council staff to not mow in protected areas. Failure to protect Saltmarsh areas leaves Council liable to penalties from Fisheries if protected areas are damaged. Members of the public may be more likely to incur penalties due to being unaware of protected areas.

Background

This Report is to advise Council of the proposed installation of bollards at Jacob Ellmoos Reserve, Sussex Inlet, in accordance with the Resolution from Council’s Ordinary Meeting of 26 June 2018, MIN18.475:

That:

3. Prior to bollards being installed in foreshore reserves, a report be provided to Council on their location.

Installation is proposed due to the requirement under the Fisheries Management Act 1994 No 38 Part 7, that Council ensures the protection of marine vegetation on foreshore reserves. The applicable Section of the Act is as follows:

Fisheries Management Act 1994 No 38

Part 7 Protection of aquatic habitats

Division 4 Protection of mangroves and certain other marine vegetation

204 Application and interpretation

(2) In this Division:

Foreshore means any land adjacent to public water land, or adjacent to an area that is the subject of an aquaculture lease, that is below the highest astronomical tide level of the waters by which the land or area is submerged.

Harm has the same meaning it has in Part 7A.

marine vegetation means marine vegetation, whether living or dead.

protected area means any public water land, or any area that is the subject of an aquaculture lease, and includes:

(a) that part of the foreshore of any public water land or area that is the subject of an aquaculture lease that is below the mean high water mark of the waters by which the land or area is submerged, and

(b) any other part of the foreshore of any public water land or area that is the subject of an aquaculture lease that is declared by the Minister, by order published in the Gazette, to be a protected area.

205 Marine vegetation—regulation of harm

(1) This section applies to:

(a) mangroves, or

(b) seagrasses, or

but does not apply to protected marine vegetation under section 204A.

(2) A person must not harm any such marine vegetation in a protected area, except under the authority of a permit issued by the Minister under this Part.

Maximum penalty: In the case of a corporation, 2,000 penalty units or, in any other case, 1,000 penalty units.

The current rate of “penalty units” is $110 per unit, resulting in penalties of up to $220,000 for corporations and $110,000 in any other case.

Saltmarsh Flora and Fauna

The foreshores of Sussex Inlet are a major asset to the community and visitors to the area. Coastal Saltmarsh is a low growing intertidal community of plants providing habitat and food for marine and land animals. Saltmarsh communities can be found growing in patches inundated by the highest astronomical tides (spring tides) along the foreshore reserve.

Saltmarsh performs a pivotal role in the conservation of fish stocks. It provides habitat, shelter and food and is a key component in the life cycle of species such as Yellowfin Bream, Mullet, Garfish, Sand Whiting, and Prawns. Saltmarsh protects the fragile ecological zone between the marine environment and the land and ensures the Sussex Inlet waterways stay healthy and productive.

Due to historical loss and continuing threats to Saltmarsh areas, along with the recognition of its importance in maintaining healthy estuaries and fish stocks, Saltmarsh has been classified as an ‘Endangered Ecological Community’. It is protected under:

· the NSW Fisheries Management Act 1994,

· the NSW Threatened Species Conservation Act, and

· the Federal Environment Protection and Biodiversity Conservation Act.

This means that Council is obliged to protect areas of Saltmarsh within public reserves to assist in regeneration of the communities. The Department of Primary Industries, Fisheries regulates compliance with this legislation.

Mowing

Historical practice at the reserve has included the mowing of large areas of Saltmarsh by both Council staff and local residents who have at times undertaken mowing without Council permission.

Upon advice from Fisheries in 2017, Council staff ceased mowing activities at the reserve. Staff received complaints from members of the public that the mowing had not been maintained.

In response to community requests, Council contacted the Fisheries to request permission to continue to mow the reserve. Staff have been liaising with Fisheries staff to assess the condition of the Saltmarsh in the reserve and identify areas suitable for regeneration, along with areas where Council can continue to mow.

Council has now been issued with Permit PN18/22 from Fisheries (attached). The Permit gives permission to mow certain areas of the reserve and specifies other areas within which Council is now required to cease mowing to ensure the protection of the Saltmarsh plant communities.

Due to the historical practice of mowing the reserve, it is anticipated that there may be some continued opposition to the initiative by members of the public, and it is likely that some local residents may undertake mowing in the protected areas.

In order to meet Council’s obligation to protect the vegetation, it is proposed that protected areas are clearly designated and signposted for the information of the public. This will ensure that:

· members of the public are alerted to the legislative requirements and penalties that apply,

· Council has done everything it can to protect the public from incurring penalties due to people being unaware of the legislation and the manner in which it applies to the reserve,

· clear demarcation of protected areas for Council mowing staff will reduce potential for penalties,

· Saltmarsh areas are protected.

It is proposed that protected areas within the reserve be identified with spaced bollards and 3 Fisheries-supplied signs be located at key points to the area. This signage warns of the penalties applicable to individual members of the public.

Council will cease mowing the protected areas. Sixty six (66) individual bollards with chamfered top edge (1,200mm x 150mm x 100mm treated pine), will be concreted 600mm in the ground. The above-ground height will be 600mm and the bollards will be spaced at four (4) metre intervals surrounding the designated coastal Saltmarsh protected areas.

Views and Environment

Council recognises the importance of community access and views to Sussex Inlet, and has considered these in liaison with Fisheries, when identifying Saltmarsh areas to be protected. Saltmarsh is a predominantly low growing community, the largest rushes reaching less than 1m in height.

A brochure will be provided to neighbouring residents that provides detailed information regarding the Saltmarsh (attached). This brochure illustrates that mature, protected Saltmarsh is an attractive foliage, providing numerous benefits for seaside environments.

Council has committed to the regular removal of any Casuarina (She-Oak) saplings that may sprout within the area protected by the bollards, along with the maintenance of existing access tracks to the Inlet. This will ensure that the height of the regenerating foliage stays low.

Mowing and maintenance of the reserve and Saltmarsh areas can only be undertaken by Council. It is proposed that Council display signage to inform residents that it is an offence under the Fisheries Management Act 1994 to cause harm to Saltmarsh or any other marine vegetation without a permit.

Community Engagement

Due to the extended time since initial advice to residents was issued, staff propose to send further notification to residents on when the installation is scheduled. The attached brochure will be included.

The advice will also be sent to the Community Consultative Body, Sussex Inlet and District Community Forum, and signage as above will be erected in the reserve.

Policy Implications

Council will meet legislative requirements.

Financial Implications

Council has obtained a quote to install 66 individual bollards, at $5,227.20 (GST Incl), and signage to be installed by staff, quoted at $270. The works can be funded from Council’s Minor Improvements Budget.

Breach of Permit:

Maximum penalty for breach of Permit by Council staff is 1,000 penalty units. The current rate of “penalty units” is $110 per unit, resulting in penalties of up to $110,000.

Risk Implications

Failure to implement PN18/22 may result in loss of habitat for native flora and fauna.

Financial implications may be applied to Council if Fisheries deem that a breach of Permit has occurred.

Strategy and Assets Committee – Tuesday 16 October 2018

Page 1

SA18.237 Proposed Pump Track at Jerry Bailey Oval, Shoalhaven Heads - Community Consultation Outcomes and Next Steps

HPERM Ref: D18/290897

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Attachments: 1. Request for BMX Pump Track - Shoalhaven Heads Community Forum ⇩

2. Proposed Plans for BMX Pump Track - Shoalhaven Heads Community Forum ⇩

3. Proposed Activation Strategy for BMX Pump Track - Shoalhaven Heads Community Forum ⇩

4. Summary of Submissions ⇩

5. Summary of Survey Responses ⇩

6. Behaviour Mapping Outcomes ⇩

Purpose / Summary

The purpose of this report is to inform Council of the Shoalhaven Heads Community Forum’s proposal to construct a BMX Pump Track on Jerry Bailey Oval, Shoalhaven Heads and to provide a summary of the community consultation outcomes and to recommend a way forward.

Recommendation (Item to be determined under delegated authority)

That Council supports the proposal by Shoalhaven Heads Community Forum to construct a BMX Pump Track on Jerry Bailey Oval, Shoalhaven Heads, subject to Shoalhaven Heads Community Forum supplying Council with:

1. Revised Activation Strategy to include a five-year plan for activating the BMX Pump Track;

2. Evaluation Criteria as per Council’s Policy; and

3. Confirmation that they have secured donations and in-kind contributions to fund and deliver the project.

Options

1. Council supports the proposal for the Shoalhaven Heads Community Forum to implement a local BMX Pump Track at Jerry Bailey Oval, Shoalhaven Heads, per the proposal and revised plans, which can be viewed in Attachment 1 and Attachment 2.

Implications: This is the preferred option as the proposal is generally consistent with Council’s Policy, and community consultation undertaken by Council staff has indicated that majority of the community are in support of the proposal.

2. Adopt an alternative solution to support the proposal and provide a monetary contribution of $7,000.

Implications: Council does not have any funds available in the BMX budget in order to provide a monetary contribution of $7,000. Council would need to identify an alternative budget source if they are to adopt this option.

3. Adopt an alternative solution to not support the proposal.

Implications: Whilst there have been objections in relation to the proposal from the Save Jerry Bailey Oval Inc and other submitters, the community consultation outcomes have indicated majority support for the proposal.

Background

On 8 December 2016, the Shoalhaven Heads Community Forum sent a proposal to Shoalhaven City Council for the construction of an asphalt pump track to be constructed on Jerry Bailey Oval, Shoalhaven Heads. The proposal was assessed against Council’s Provision of Local Area BMX Circuits Policy, where it was determined that the proposal was inconsistent with the Policy, predominantly due to the use of asphalt material.

On 7 June 2017 the Shoalhaven Heads Community Forum presented the proposal to the Shoalhaven Sports Board, where it was resolved (SB17.9, D17/88428) to:

“Support in principle the proposed Heads pump track and look forward to seeing this project go ahead.”

On 8 March 2018 the Shoalhaven Heads Community Forum submitted a request for a revised BMX Pump Track proposal, taking into consideration Council’s previous comments relating to the asphalt material. The revised proposal was for an unsealed pump track to be constructed on Jerry Bailey Oval, Shoalhaven Heads. A copy is provided at Attachment 1. The plans for this proposal were forwarded to Council on 2 June 2018. A copy of the plans for the unsealed pump track is provided at Attachment 2. As per Council’s Policy, the Shoalhaven Heads Community Forum also provided an Activation Strategy on 17 September 2018 for the proposed BMX Pump Track which outlines how they plan to fund the development of the proposal, as well as how to ensure that it remains well used. The Activation Strategy is provided at Attachment 3.

Policy Considerations

Council’s Policy Provision of Local Area BMX Circuits specifies the requirements in considering a BMX Pump Track in terms of eligibility, site selection criteria and construction guidelines.

The proposed BMX Pump Track is generally consistent with the site selection criteria and construction guidelines. It is noted that the information submitted by the Shoalhaven Heads Community Forum does not include evaluation criteria, and the activation strategy submitted is not a 5-year strategy. If Council resolve to support the proposed BMX Pump Track, this information will need to be provided as a condition of support.

The proposal is deemed to comply with the eligibility, site selection criteria, and construction guidelines outlined in the policy.

Other Considerations

Native Title

Jerry Bailey Oval is Crown Land in which Council is the Crown Land Manager. Any works undertaken on Crown Land must be assessed against Native Title, which Council’s Native Title Manager completes. This proposal was referred to the Native Title Manager to assess the potential impacts of the proposal on Native Title. The assessment deemed:

· Construction and operation of the BMX Pump Track is consistent with the Reserve purpose, being public recreation;

· The proposed BMX track does not fall within the definition of “public works”, as it is not a fixture or major earth work and could be removed if required; and

· Under Subdivision J of the Native Title Act 1993, the non-extinguishment principal will apply and no notification to native title parties is required.

Aboriginal Land Claim

Jerry Bailey Oval is subject to an existing Aboriginal Land Claim (ALC), being the 2017 blanket claim. The reserve was lawfully utilised for recreation prior to the land claim and on the date the claim was lodged. The proposal does not modify the use of the site for public recreation, in accordance with the Reserve purpose.

Review of Environmental Factors

A Review of Environmental Factors (REF) has been completed for the proposed BMX Pump Track by Council’s Environmental Officer. The REF determined:

· The impact is considered acceptable considering the nature and purpose of the impact and benefits it would provide;

· The impact would only affect a small number of people in opposition to the facility, whilst the facility would benefit the whole of the community;

· The impact is unlikely to result in a threat to the health and safety of individuals or the community;

· An assessment of the statutory matters of consideration reveals no potential medium or high adverse impacts;

· All identified potential negligible or low adverse impacts are considered acceptable considering the need for the activity; and

· The proposed activity is unlikely to have a significant effect on threatened species or endangered ecological communities.

Community Engagement

In considering the proposal from the Shoalhaven Heads Community Forum, Council undertook community consultation on the proposed BMX Pump Track between 22 August and 7 September 2018 (inclusive). During this time, a Get Involved page was established which allowed community members to view the submitted documents, make a submission on the proposal and complete a survey. The community consultation period was advertised in the local newspaper (Heads News), with supplementary letters sent to the Community Consultative Body and other community groups, door knocks to adjacent properties, and social media posts on Council’s Facebook page.

During the community consultation period, a total of 15 submissions were received from 14 individuals. Each submission received has been summarised and responded to in Attachment 4. Copies of the submissions will be available in the Councillors’ Room prior to the Strategy and Assets Committee Meeting. From these submissions, 9 were in opposition to the proposal and 6 were in support. The themes of the submissions in opposition to the proposal were as follows:

· No evidence to suggest the need for the track, the demographic of the locality does not warrant it, and existing facilities at Jerry Bailey Oval are under-utilised.

· Destruction of open space that is used for activities and the nearby vegetation.

· Proximity to residential land use and impact to residents including acoustic, dust, amenity and other impact.

· There is a current lack of parking options and there will be increased parking and traffic issues as a result of the facility.

· The pump track will provide a space for adolescents to gather of evenings.

During the community consultation period, the survey was completed by 263 people, 161 of whom reside in Shoalhaven Heads. The survey results revealed a converse outcome to the written submissions received. A total of 81% of the survey participants currently use or visit Jerry Bailey Oval, with 91% believing the Shoalhaven Heads community would use and benefit from a pump track. A total of 82% of participants would either use the pump track themselves or have someone in their household who would use it. Of the survey participants who are not residents of Shoalhaven Heads, 89% would travel there to use the pump track. A full summary of the survey results is included in Attachment 5.

In addition, the South Coast Register published an article on the proposal on 1 September 2018 which contained a poll, asking “Do you think in general the local community will benefit from a BMX Pump Track at Jerry Bailey Oval?”. As of 17 September 2018, 86.23% voted “Yes” and 13.77% voted “No”.

Council staff conducted a door knock of the houses directly affected by the proposal on Wagin Street and Woolstencraft Street, Shoalhaven Heads during the community consultation period (5 September 2018). This door knock was aimed at raising awareness of the proposal and ensuring that nearby residents had the opportunity to be involved in the community consultation. It was noted that all of the residents spoken to had knowledge of the proposal, and many had either completed the survey or sent a submission to Council.

Behaviour mapping was conducted by Council staff over four site visits at Jerry Bailey Oval to determine how the space is currently used, and the levels of passive surveillance provided by these users. It was noted that the site of the proposed pump track was only observed to be used occasionally by people passing through the oval or walking their dogs. The amount of people using the oval in general would provide adequate passive surveillance to the facility. It is noted that the findings of the behaviour mapping are limited due to the mid-week timing. A summary of the behaviour mapping is provided at Attachment 6.

Community Groups

A number of community groups and organisations separately organised their own petitions in relation to the proposed BMX Pump Track. The outcomes of these are outlined below. It should be noted that whilst these have been identified in this report, the petitions were not considered as formal submissions, with the exception of the Shoalhaven Heads Public School which was identified as a single submission.

Shoalhaven Heads Community Forum

The Shoalhaven Heads Community Forum organised a petition in support of the proposed BMX Pump Track, which had 972 signatures. This petition was undertaken prior to Council conducting the community consultation period.

The Shoalhaven Heads Community Forum have also held several community meetings and drop-in sessions to determine community support and volunteers for fundraising, planning and construction of the track. Flyers and newsletters with information on the proposal were distributed by the Shoalhaven Heads Community Forum around the community.

The “Shoalhaven Heads” Facebook page created an online poll, seeking feedback on “Are you in favour of the construction of the BMX Pump Track on Jerry Bailey Oval?”. This poll received a 90% vote of “Yes” and a 10% vote of “No” as of 7 September 2018.

Save Jerry Bailey Oval Inc.

Save Jerry Bailey Oval Inc. organised a petition in opposition to the proposed BMX Pump Track, which had 118 signatures. This petition was undertaken prior to Council conducting the community consultation period.

As part of this campaign, the group distributed flyers around the community with information on why the proposal should not go ahead, as well as providing numerous submissions to Council providing reasons why they oppose the construction of the track.

Shoalhaven Heads Public School

The Shoalhaven Heads Public School have a petition in support of the proposed BMX Pump Track, which has 175 signatures from staff and students. In 2017, the school had approximately 195 students enrolled from years K-6.

Policy Implications

As described above, the proposal has been assessed against Council’s Provision of Local Area BMX Circuits Policy and is considered to be generally in accordance with the Policy.

Financial Implications

Council’s Policy specifies that a maximum Council contribution of up to $7,000 can be provided however it is noted that the BMX Budget was not replenished this Financial Year, therefore there are no available funds for this project. Alternatively, Council could provide in-kind contributions through the provision of soil for the proposal, if suitable excess soil is available.

The proposed pump track at Jerry Bailey Oval is a community lead project, being pursued by the Shoalhaven Heads Community Forum. The Shoalhaven Heads Community Forum have received a $10,000 grant to assist with the initial design and survey. It is proposed to complete the project by sourcing further grant funding, donations and in-kind assistance.

Below is a breakdown and estimate of costs, provided by the Shoalhaven Heads Community Forum, which is described in more detail in Attachment 3.

Item	Estimated cost	Funding source
Site Survey	Not specified	Completed by LBG at no cost
Initial design and construction supervision	$10,000	Funded by $10,000 grant received from Gareth Ward
Soil/clay/gravel	$20,000	Proposed to be sourced as in-kind donations from Environmental and Natural Resource Solutions
Civil construction and equipment	$30,000 - $40,000	Proposed to be provided as in-kind donations from local contractors
Labour	$10,000 - $15,000	Proposed to be provided as in-kind works by local volunteers
Landscaping	Not specified	-Pending $7,000 Council contribution as per the Policy. -Donations and in-kind support from businesses and volunteer groups

Conclusion

The proposed BMX Pump Track generally is in accordance with the Provision of Local Area BMX Circuits Policy. Community consultation undertaken by Council staff has indicated that the majority of the community are in support of the track, with a high percentage of residents and visitors indicating that they will frequently use the track. It is recommended that Council support the proposal by Shoalhaven Heads Community Forum.

It is noted that many of the proposed in-kind works and donations identified by the Shoalhaven Heads Community Forum do not appear to have been confirmed. Council must ensure that the Shoalhaven Heads Community Forum has the capacity to fully deliver the project prior to formal approval.

Strategy and Assets Committee – Tuesday 16 October 2018

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SA18.238 Ulladulla Skate Park - Audit Report and Recommendations for Facility Update

HPERM Ref: D18/322224

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Attachments: 1. Audit Report - Ulladulla Skate Park (under separate cover) ⇨

Purpose / Summary

To determine a solution to return the skatepark infrastructure at Ulladulla Sports Park to a high standard and to seek direction for expansion.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Receive the Ulladulla Skate Park Audit Report for information and note that the report identifies the estimated end of the useful life of the facility will be reached at the end of 2023.

2. Limit repairs to the existing facility at this time to repairs that the General Manager (Director Finance, Corporate & Community Services) deems appropriate to address high risk defects.

3. Utilise the current budget allocation of $200,000 to engage a consultant to prepare a concept and detail design for the construction of a replacement facility of the Ulladulla Skate Park that considers the recommendations of the Ulladulla Skate Park Audit Report and in consultation with community. Prior to proceeding to detail design, Council receive a report with the concept design for endorsement.

4. Develop a funding plan for the replacement of the Ulladulla Skate Park facility that identifies funding sources, including grant funding opportunities, over a number of budget cycles commencing 2019/20 for inclusion in Council’s long-term financial plan.

5. Commence the preparation of the master plan for the Ulladulla Sports Park using any savings from the current budget allocation of $200,000 for the Ulladulla Skate Park.

Options

1. Adopt the recommendation.

Implications: This option is generally in accordance with Council’s previous minute from February 2018 seeking to upgrade the skate park facility, however the recommendation seeks to establish the level of upgrade in consultation with community. This recommendation seeks to avoid any repairs at such time as the options to construct a new district or regional level facility will result in the demolition of the existing facility.

2. Adopt an alternative recommendation seeking to repair the existing facility as per Option 1 of the Audit Report.

Implications: This option addresses rectification of condition items only. The refurbishment can be carried out at different levels depending on the desired lifespan that is required of the facility. This option is a short-term solution to fix high priority safety hazards. These works are deemed as the minimum required works to ensure the facility can fulfil its remaining life. This option is not considered to be in line with community expectations.

Background

The Ulladulla Skate Park facility at the Ulladulla Sports Park was built in approximately 1997/1998. The Ulladulla Skate Park was once considered to be in the top 10 of skate facilities, but over the last decade it has become somewhat run down and in dire need of repair to reduce the risk of injury to individuals who use the facility. The community who use the facility anticipated that the cause of the condition of the skate park was due to concrete cancer.

In February 2017, a Mayoral Minute was considered by the Ordinary Council in relation to the Ulladulla Skate Park. The Ordinary Council resolved (MIN18.109) that:

1. The West Ulladulla Skate Park funding opportunities and plans for the extension be subject to a Councillor Briefing.

2. Council support a budget allocation of $400,000 over a two-year budget cycle commencing in 2018/2019 to upgrade the West Ulladulla Skate park to become the regional facility that has been promised since the first stage over 20 years ago.

3. This project be partially funded from the Skate Park Funds and an additional capital works for the 2019/2020 budget and that Council work towards obtaining grant funding and the physical work be undertaken in one stage.

4. Council also undertake urgent repairs on the Ulladulla Skate Park to ensure that the users are not at undue risk due to surface damage. This could be funded from the balance of the funds in the skate funds.

Following the Council resolution, Convic (project consultant) was engaged to undertake an Audit Report of the facility. The report provides a condition and function assessment of the existing facility and makes recommendations regarding rectification and redevelopment work. Undertaking this report prior to making any decisions to repair and extend the facility was considered important to ensure that any works would be the more efficient and effective way of moving forward. A copy of the Audit Report is provided at Attachment 1.

Audit Report – Findings

The Audit Report made the following findings in relation to the condition of the facility, and specifically its features, obstacles and landscape:

· There is evidence of ground water seeping through the bowl which is displacing the transition slabs.

· The concrete surface is worn in most areas of the facility, with substantial cracking, chipping and differential settlement.

· Concrete to coping deterioration is apparent throughout the entire skate park.

· Coping in the bowl is rusted through, while the coping tolerance across the facility is not to standard practices.

· Expansion joints have widened to a width that is not acceptable for skate surfaces.

· Concrete cancer was not deemed to be present at the facility.

· There is erosion present around the perimeter of the facility.

· The south eastern section of the facility appears to be graded incorrectly, and as such does not drain storm water sufficiently.

The Audit Report made the following findings in relation to the function of the facility and specifically its skate function, overall design and layout, and landscape and amenity.

· Most of the facility functions adequately, however there are some areas particularly within the street area that are outdated.

· There is little to no allowance for beginners.

· There are limited flow lines around the facility, directly affecting the potential user capacity. Users tend to travel along two main flow lines, disregarding the majority of the park.

· There are limited refuge areas for users.

· The facility has on site car parking.

· The facility is fenced in, with a back of house feel.

· There is no DDA access to the facility.

· There is no toilet facility.

· The facility has two bins, a drinking fountain and a small shelter.

· The facility has limited seating.

· There is no safety signage upon entry to the facility.

Based on the key condition and function findings, the facility was given a ‘poor’ rating for condition which suggests that the asset is in poor condition with severe serviceability problems and needing rehabilitation immediately. There is a risk to the community if the facility is to remain unrepaired and in service (25% of life remaining – approximately 5 years). The facility was also given a ‘poor’ rating for function, which suggest that there are extensive design and layout flaws with major improvements necessary, and minimal on-site amenities. Overall, the facility has been given a ‘poor’ rating.

Audit Report – Recommendation

The Audit Report has identified three options with respect to the repair and redevelopment of the skate park facility. Each of the options seek to improve the safety, condition and function of the facility to varying levels. In considering each of the options, the project consultant has suggested that further community engagement should be incorporated in the process to gauge the community response.

Option 1: Repairs of Condition Findings Only

This option will rectify the condition items as identified in the Audit Report, however will not address the functional issues. This option is considered to be a short-term solution to address the high priority safety hazards and groundwater issues. If undertaken with regular maintenance, these works are the minimum required works to ensure the facility can fulfil its remaining life with the potential to extend the life span of the facility by a further 2 to 4 years.

The cost of this option is $300,000 - $400,000.

Option 2: Construction of a New District Level Facility

This option involves the demolition of the existing facility, addressing any existing groundwater issues, and the construction of a modern, district level youth precinct. The new facility would be comparable to the existing facility in capacity and function with the addition of catering to various user skill levels.

Additional landscape conditions such as lighting, seating, shade, improved access and repositioning of the facilities would be considered as part of this option. The scope of this facility should be determined once a budget is allocated, and community engagement is undertaken.

This option is recommended by the project consultant as it is considered to be the most cost effective whilst addressing all of the condition and function issues outlined in the Audit Report and extending the life span of the facility by a further 15 to 20 years.

The cost of this option is $655,000 - $930,000.

Option 3: Construction of a New Regional Level Facility

This option involves the demolition of the existing facility, addressing any existing groundwater issues, and the construction of a larger, regional level youth precinct. The new facility would introduce modern style skate features to the skate park, while also catering to various user skill levels. Additional youth activation and recreation such as parkour, half-court basketball, ping pong tables, and BBQ and picnic areas could also be considered.

This option is approximately $990,000 - $1,480,000.

Next Steps

In proceeding with any redesign or redevelopment of the skate park facility it is considered necessary to investigate the broader master plan for the Ulladulla Sports Park. Council’s adopted Community Infrastructure Strategic Plan identifies the park as having the potential to increase usage capacity of the park through the provision of additional sporting facilities thereby making it a multi user facility. It is recommended as part of the next steps that Council commence the process of preparing a masterplan for the Ulladulla sports park which will incorporate the new skate park facility, croquet courts, netball courts, internal paths and more.

It should also be noted that Council are currently working with Illawarra-Shoalhaven Joint Organisation, Office of Sport, Venues NSW and Illawarra-Shoalhaven Councils to prepare a Sports Facility Plan for the Illawarra-Shoalhaven Region. The plan will identify the priority facilities for various sports which currently host or have the potential to host regional, state and national level competition and events. Through this process, skate parks will be considered for inclusion in the Plan given the recent inclusion of skateboarding as an Olympic sport. Including the Ulladulla Skate Park in this process would ensure that the project has strategic merit, Local and State Government endorsement and bolster Council’s position in making any grant funding applications for the facility.

Community Engagement

Council staff have provided regular updates to community members with regards to the progress of the audit report.

The community is committed to improving the skate park and has created a “Ulladulla Skate Park Expansion 2018” Facebook page to document Council’s progress in finding a solution to this problem with the infrastructure.

The community also mentions continually the onset of skateboarding in the 2020 Olympics and how this could be an opportunity for the youth in the southern Shoalhaven should the facility improve through embellishments and expansion.

In planning for a new district or regional facility, further community engagement is required in order to coordinate the new layout and design with the users of the facility.

In preparing a master plan for the Ulladulla Sports Park Council would need to undertake community consultation with user groups and the broader community.

Financial Implications

The Audit Report identifies three options in proceeding forward, which each have an approximate budget. The anticipated costs (exclusive of GST) as specified by the project consultant are as follows:

· Option 1 Repairs of Condition Findings Only: $300,000 - $400,000

· Option 2 Construction of a New District Level Facility: $655,000 - $930,000

· Option 3 Construction of a New Regional Level Facility: $990,000 - $1,480,000

The previous Council resolution allocated a total of $400,000 budget over a two-year budget cycle between 2018/19 and 2019/20. This budget allocation will only cover Option 1 Repairs of Condition Findings Only which would be inconsistent with the Council resolution that seeks to establish a regional facility at Ulladulla Sports Park.

Funding to upgrade the skate park to a district or regional level facility will require an additional capital works budget. It is recommended that a funding plan is prepared which considers funding sources for a replacement skate park facility. The funding plan should consider identifying funding sources over a number of budget cycles commencing 2019/20 for inclusion in Council’s long-term financial plan and also include grant funding opportunities.

Further reports to Council once a concept plan has been developed for a replacement facility will ensure Council is able to allocate an appropriate budget for the construction of the facility. The recommendation will see the project become shovel ready which will ensure eligibility for future grant funding initiatives.

Risk Implications

Due to the condition of the existing facility, there is risk of injury to users.

Strategy and Assets Committee – Tuesday 16 October 2018

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SA18.240 Shoalhaven Tennis - Decommission 2 Courts and Waive Outstanding Loan

HPERM Ref: D18/326924

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Attachments: 1. Heads News Article - A Double Fault - Volume 14, Issue 8, September 2018 ⇩

Purpose / Summary

To seek direction regarding outstanding loan to Shoalhaven Heads Tennis Courts Management Committee.

To advise and seek support to the decommissioning of Courts 3 & 4 at the Shoalhaven Heads Tennis Courts.

Recommendation

That Council

1. Waive the outstanding loan amount of $7,500 to Shoalhaven Heads Tennis Courts Management Committee,

2. Proceed to decommission Courts 3 & 4 at Shoalhaven Heads Tennis Courts.

Options

1. Adopt the recommendation.

Implications: Shoalhaven Heads Tennis Courts Management Committee will be enabled to conduct sound financial management of the two Tennis Courts in current usage.

2. Do not waive the outstanding loan and continue to pursue recovery, assisting the Management Committee with financial management of the debt.

Implications: The Management Committee will be unable to meet future financial costs of maintaining the facility and future resurfacing of Courts 1 and 2.

3. Do not decommission Courts 3 and 4.

Implications: Increased financial burden for Council. Maintenance of community infrastructure that is not justified by historical records of usage and future projections. There would be significant costs to resurface 4 courts which cannot be funded by the Management Committee with current usage.

Background

In 1975 Courts 1 & 2 were constructed with a concrete base.

In 1995 Courts 3 & 4 were constructed with fibre crete base. The Management Committee obtained a loan from Council for $45,000 to install.

In 2009 all four courts were resurfaced.

Council has been successful in a Stronger Country Communities Fund grant application for resurfacing of Courts 1 and 2. A contribution from the Management Committee will be requested towards the works.

Closure of Courts 3 and 4 in 2016

All four courts were resurfaced in 2009. The surface of the courts was estimated to have a life of 10 years, however cracks in the base prevented use on Courts 3 and 4 by 2016.

The fibre crete base originally installed on Courts 3 and 4 has failed. This is a concrete product that was not reinforced with mesh and had small fibres in the concrete. With a reactive ground underneath the slab, it has cracked and does not have steel reinforcement to hold it together. Courts 1 and 2 have the steel reinforcement.

In 2016 the Management Committee advised that the courts had become unplayable, with trip hazards identified. An inspection of the facility by Council staff identified the courts were in poor condition. Staff directed the Management Committee to discontinue use of Courts 3 and 4 due to the WHS hazard which presented a risk to users, and the courts were locked against further use at that time.

Consultation with the Shoalhaven Heads Tennis Courts Management Committee:

Discussions with the Management Committee and Tennis Club in 2016 determined that usage rates at the facility were low and further works on Courts 3 and 4 were unjustified based on current usage rates.

The Management Committee have been and are supportive of the decision to decommission the courts, most recently expressed in a meeting with the Secretary and Treasurer in early August 2018. At this meeting it was agreed that staff would pursue options to decommission Courts 3 and 4, and that comment would be welcome from the community regarding any future use of the decommissioned courts. Staff are aware of some discussion within the community regarding possible use of the courts as a community garden space; however to date no community members have approached Council or the Community Consultative Body, offering to project manage this initiative.

The Management Committee currently have an outstanding loan of $7,500 from Council, being the balance of the loan used to resurface the courts. As usage has decreased, income at the facility has dropped and the Committee has found it increasingly difficult to service the loan. When Courts 3 and 4 became unplayable, the Committee requested that the excess loan amount be waived, as the repayments were no longer supported by income from the courts, and income from Courts 1 and 2 is required to be held against future resurfacing of these courts.

The Management Committee have advised Council that they would enjoy the use of four courts again if that were an option, but they advise that usage rates are unlikely to provide sufficient income to fund ongoing maintenance costs of four courts. Management Committees are responsible for all operational maintenance, including resurfacing of tennis courts.

The Management Committee’s 2017/2018 Financial reports show a significant increase in the balances held due to reduced maintenance costs. They started the financial year with $258.35 in the bank and finished with $2,018.44, with income generated from Courts 1 and 2.

During 2017/2018, across Courts 1 and 2, Casual Hire generated $1,688.50 (yearly average of 5 hours/week), and Competition Hire generated $1,470 (yearly average of 2 hours/ week).

Community Engagement

Since the closure of Courts 3 & 4 in 2016 until August 2018, Council has received no requests from the community to re-open the courts, and no complaints.

After the meeting with the Management Committee in August 2018, staff received a phone call from a member of the public, who identified himself as a resident of Shoalhaven Heads. The gentleman expressed support of the idea that a multi-purpose court rather than a community garden be installed at the site. Staff invited him to submit a request/comment in writing to Council, which has not been received to date. To make Courts 3 and 4 into multi-purpose courts would require the resurfacing.

The ‘Heads News’ newsletter published an article (Volume 14, Issue 8, September 2018) with the heading “Decommissioning two of the tennis courts is a double fault” (attached). The article was submitted by the Shoalhaven Heads Chamber of Commerce and forwarded to staff by the Management Committee. No other comments on the decommissioning have been received by Council from the community to date.

The idea presented in this article regarding multi line-marked courts could be undertaken on Courts 1 and 2. Courts 3 and 4 are unfit for use and would need resurfacing works prior to multi-line marking, which has been identified as cost prohibitive by the Management Committee. When the courts are resurfaced with the current grant funding, Council could undertake community consultation regarding making these multi-sports courts with line marking.

Staff have submitted a response to the ‘Heads News’, which was approved by the Management Committee. It provides facts to counter various misinformation included in the original article regarding projected costs and utilisation at the facility. The Shoalhaven Heads Tennis Club also drafted a statement to the ‘Heads News’ recognising that the Club’s numbers have declined and stating they would accept funding to renew the courts, pending Council approval.

Formal decommissioning of Courts 3 and 4 involves display of signage at the facility for a period of 3 months, prior to the Asset being removed from Council’s Asset Register. The signs have not yet been installed, pending the outcome of this Report to Council.

Policy Implications

Decommissioning of Courts 3 and 4 aligns with the Community Infrastructure Strategic Plan 2017-36.

Financial Implications

Waiver of Outstanding Loan

$7,500 Waiver of the outstanding loan amount can be funded from Council’s operational sportsgrounds budget 2018/19.

Recommissioning of Courts 3 and 4

Recommissioning is estimated to cost $203,400 for initial reinstatement, identified as:

2 x $11,700 Court surface replacement - Average of $18.12pm² x average size of 650m²

2 x $65,000 Court Base installation - Average of $100pm² x 650m²

2 x $25,000 Removal and replacement of fencing - $187 per lineal meter

Total $203,400

Further ongoing maintenance costs will apply if the courts are returned to use.

Risk Implications

Financial costs to Council if the courts are recommissioned.

WHS and hazard risk to users if the courts are reactivated without further works.

Financial cost burden to the Management Committee that they would be unable to service if the loan is not waived.

Financial cost burden for maintenance and future asset replacement by the Management Committee that they would be unable to meet based on current and projected usage if courts 3 & 4 are recommissioned.

Strategy and Assets Committee – Tuesday 16 October 2018

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SA18.241 Nowra Showground Buildings Budget

HPERM Ref: D18/330889

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Attachments: 1. Proposed Budget - Hydraulic Fire Service Upgrade - Nowra Showground ⇩

2. Proposed Site Plan - Hydraulic Fire Service Upgrade - Nowra Showground ⇩

Purpose / Summary

To seek a resolution regarding expenditure of Council’s 2018/19 Special Rate Variation Nowra Showground Buildings Budget of $600,000.

Recommendation

That Council:

1. Expend up to $400,000 of the $600,000 2018/19 Special Rate Variation Nowra Showground Buildings Budget on Fire Services Upgrade for the Nowra Showground in order to comply with Building Code of Australia and Local Government Camping Grounds Regulation 2005 requirements.

2. Expend all remaining funds on grandstand leak repair, painting external buildings, roof cleaning and internal painting of Pavilion, Committee Room and Warriors buildings, to the extent that funding permits.

Options

1. As recommended.

Implications: Ensure compliance with fire-fighting legislation and provide some visual enhancements to the Nowra Showground. Upgrade of camping amenities will not be met by this budget.

2. Allocate funding of up to $400,000 for Fire Services Upgrade from alternate source to ensure compliance with fire-fighting legislation. Full $600,000 Special Rate Variation Nowra Showground Buildings budget be expended on building enhancements and upgrades.

Implications: Council’s 2018/19 expenditure may be increased by allocation of additional funds of $400,000 for Fire Services Upgrade - no source of funds identified. Upgrades to showground buildings, including provision of camping amenities will be implemented.

Background

Recent inspection of the Nowra Showground fire hydrants system found that the infrastructure does not comply with current legislative requirements (Building Code of Australia (BCA) and Local Government Camping Ground Regulation 2005) for the following reasons:

· The hydrants are required to be mounted on an above-ground standpipe,

· The system failed the ‘flow test’. It is likely that the underground pipe has been crushed or broken and is consequently not able to perform to required flow rates,

· Hydrants and hose reels are not placed as required.

BCA Requirements

E1.3 Fire hydrants

(a) A fire hydrant system must be provided to serve a building—

(i) having a total floor area greater than 500 m²; and

(ii) where a fire brigade is available to attend a building fire.

Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005

128 Fire hydrants

(1) No part of a dwelling site, camp site or community building within a caravan park or camping ground may be situated more than 90 metres from a fire hydrant.

(2) Any fire hydrant located within a caravan park or camping ground must:

(a) be a double-headed pillar-type fire hydrant, and

(b) be maintained to the standard specified in the approval for the caravan park or camping ground.

129 Fire hose reels

(1) Fire hose reels must be installed so that each dwelling site or camp site in the caravan park or camping ground can be reached by a fire hose.

(2) The fire hose reels must be constructed in accordance with AS/NZS 1221:1997, Fire hose reels and installed in accordance with AS 2441—1988, Installation of fire hose reels, as in force on 1 September 2005.

(3) The holder of the approval for the caravan park or camping ground must cause the council to be given a certificate (a fire hose reel certificate) in relation to the fire hose reels once every calendar year. If a fire hose reel is newly installed, the certificate must be provided within 7 days of the completion of its installation.

(4) A fire hose reel certificate is to state, in relation to each fire hose reel installed in the caravan park or camping ground:

(a) that the fire hose reel has been inspected and tested by a person (chosen by the holder of the approval) who is properly qualified to carry out such an inspection and test, and

(b) that, as at the date on which the fire hose reel was inspected and tested, the fire hose reel was found to perform to a standard not less than that required by this Regulation.

Staff have engaged a consultant to provide compliance designs for a comprehensive fire services upgrade for the Nowra Showground. Design and cost estimates are attached. The new system will ensure legislative compliance with modern, effective firefighting infrastructure for asset protection for the Nowra Showground.

The cost estimate provided is $378,480. This expenditure is not currently funded.

Nowra Showground Buildings Budget

The Nowra Showground Buildings budget for 2018/19 is $600,000. This budget was provided as part of the funding from the approved Special Rate Variation and is available for the renewal of the Nowra showground buildings and public amenities. It is considered that this essential hydraulic fire service upgrade compliance work is replacement of an existing building system that is at the end of its useful life and therefore represents appropriate use of the SRV allocation.

However, the options open to Council are:

Option 1

· Council expend up to $400,000 (based on the $378,480 estimate) of the 2018/19 Nowra Showground Buildings Budget on Fire Services Upgrade for the Nowra Showground.

· Council expend all remaining funds on grandstand leak repair, painting external buildings, roof cleaning and internal painting of Pavilion, Committee Room and Warriors buildings, to the extent that funding permits.

Staff estimate that if this budget is used for the essential upgrade of the fire hydrant system, the remaining $200,000 will be sufficient to fund:

· repair of a leak from the grandstand into the Pavilion building,

· external painting and roof-cleaning of these buildings at the Nowra Showground:

o Pavilion,

o Committee Room,

o Warriors Building.

The cost of these works is estimated to be high due to the need for the hire of equipment to work at heights. The painting work required is intricate, with a lot of work cutting in, and it will not be possible to use a spray gun for the works.

It is proposed that if funds are remaining, these funds be spent on internal painting of the Pavilion and Committee Room.

Option 2

· Allocate additional funding for Fire Services Upgrade from alternate source. Full $600,000 Nowra Showground Buildings budget be expended on building enhancements and upgrades.

This will require Council sourcing and allocating funds to deliver the essential Fire Services Upgrade to ensure compliance with legislation – no source of funds identified.

Staff estimate that the full $600,000 budget will be sufficient to fund:

· $220,000 Repair of a leak from the grandstand into the Pavilion building, external painting and roof-cleaning of these buildings at the Nowra Showground:

o Pavilion,

o Committee Room,

o Warriors Building,

· $ 70,000 Internal Painting of Pavilion and Committee Room,

· $310,000 Upgrade amenities building for camping (including 6 shower and 10 toilets).

Upgrades to the amenities at Nowra Showground must comply with “Access to Premises” Building Standards 2010 which requires higher standards than the BCA and refers to Australian Standards 1428 “Design for Access and Mobility”.

Pending Tourism and Environment grant application

Council has applied to the Tourism and Environment Grant program, seeking funding for an upgrade of facilities at the showground’s cattle yards, including:

· $100,000 Judging room improvements

· $175,000 Kitchen upgrade

· $100,000 Amenities block upgrade

· $164,000 New amenities block

· $ 47,000 Fencing - cattle judging yard & perimeter

· $105,300 Seating - general & inclusive

· $150,000 Drainage - cattle wash down

· $ 80,000 Cattle stall guttering, drainage & connection to stormwater

· $ 20,000 Cattle ramp improvements

Should this funding application be successful, further community consultation and a masterplan for the entire Nowra Showground site will be undertaken prior to the upgrade of infrastructure.

Community Engagement

Nowra Showground Ideas Day, held in 2017, resulted in positive feedback regarding the Nowra Showground and requests for added enhancements and an improvement to the visual amenity of the facility.

In the event of successful funding from the Tourism and Environment grant application, community consultation will be undertaken towards development of a masterplan for Nowra Showground, prior to upgrade facilities and amenities.

Policy Implications

Upgrade to the Fire Services infrastructure will ensure compliance with legislated firefighting requirements.

Financial Implications

Option 1 Expenditure of current budgets, $600,000 funded from the approved Special Rate Variation specifically for the Nowra Showground.

Option 2 Requires allocation of additional funding of up to $400,000 for Fire Services Upgrade, enabling the SRV funding of $600,00 to be spent on the Pavilion, Committee Rooms and amenities for camping.

In the absence of an identified alternate funding source for the essential hydraulic fire service upgrade compliance work, it is recommended that Council proceed with Option 1 in order to comply with Building Code of Australia and Local Government Camping Grounds Regulation 2005 requirements.

Risk Implications

Non-compliance with legislated firefighting requirements.

Non-compliance with legislated camping requirements.

Strategy and Assets Committee – Tuesday 16 October 2018

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SA18.242 Shoalhaven Affordable Housing Strategy - Property Acquisition Matters

HPERM Ref: D18/338075

Group: Assets & Works Group

Section: Business & Property Unit

Attachments: 1. GIS Aerial View - 49 Meroo Street, Bomaderry ⇩

Purpose / Summary

To provide Council with the opportunity to consider acquiring additional properties in Bomaderry for consolidation with Council’s existing land holdings in Coomea Street to facilitate the propposed Shoalhaven Affordable Housing Strategy.

The recommendation for consideration is provided in a separate confidential report, this is in accordance with section 10A(2)(C) of the Local Governement Act 1993, if the information was disclosed, this would confer a commercial advantage on a person with whom council is conducting (or proposes to to conduct) business.

Recommendation

That Council in accordance with Section 10A(2)(C) of The Local Government Act 1993, consider a separate confidential report on the acquisition of additional properties in Bomaderry to facilitate the proposed Shoalhaven Affordable Housing Strategy.

Options

1. Council Accept the recommendation as presented

Implications: Council will consider a separate confidential report outlining the proposal

2. Not adopt the recommendation

Implications: Provide further direction to staff and propose an alternative.

Background

Council resolved at its Ordinary meeting dated 28 March 2017 to (MIN17.215):

“That should opportunities arise for Council to further consolidate its land holdings in Coomea Street Bomaderry then the opportunities be reported to Council for consideration and that funding for such a project be from the Strategic Lands Reserve”

The presentation to Council of a confidential report seeking resolution of the matter by the Council.

Background Pride of Bomaderry – 49 Meroo Street, Bomaderry

The Pride of Bomaderry was endorsed by Council as a Community Consultative Body (CCB) by MIN14.645 on 16 September 2014. Since its inception, one of its major projects has been to improve the appearance of the main street of Bomaderry.

In the Pride of Bomaderry’s first correspondence to Council, the group outlined an intention to enter into an agreement with the owners of 49 Meroo Street, Bomaderry to use that privately owned vacant land for public open space. The group provided an artist’s view of the planned improvements to the land and also enclosed the following consent on behalf of the owners:

“I agree to the Pride of Bomaderry Committee approaching Council to use my property 49 Meroo Street, Bomaderry as public open space subject to the waiving of rates and Council maintaining the facility for the benefit of the public until the property is sold.”

The CCB acting Chairman had stated that the owner(s):

“..is not anxious to sell the property at the moment unless an offer well above market value is made.”In February 2016, Gareth Ward MP, Member for Kiama, made representations to Council on behalf of a constituent for Council to purchase 49 Meroo St, Bomaderry.

Council’s response in part by letter dated 24 February 2016 was:

“Council does not have any current nor future plans to acquire the property.”

In November 2016 the Pride of Bomaderry wrote to Council with a request that Council purchase 49 Meroo St, Bomaderry. The response was:

“Given the property is privately owned and zoned for Mixed Use development, it has not been identified on any future planning documents as a potential park in this location. There is Open Space identified nearby, being Walsh Park (Memorial Park) approximately 200m to the south east along with numerous other community spaces throughout Bomaderry.

Council recently received an unsolicited approach from Raine & Horne on behalf of the owner offering the property to Council at a value of $450,000. This offer was respectfully declined.

There are no current or future plans to acquire this property or additional open space in the Bomaderry locale.”

In April 2017 the Pride of Bomaderry sent Council an email raising concerns that the owners may consider revoking the informal agreement to provide their private land for public use due to an increase in Public Liability insurance premiums.

The increase was attributed to the insurer being made aware that the use of the land had changed from private vacant land to publicly accessible land.

At this point the purchase option was again considered and again rejected in recognition of the flexibility which could be gained through a licence agreement and the payment of a licence fee equivalent to the owners’ increase in insurance premium.

Based on the above, Council resolved in part at its Ordinary Council meeting dated 23 May 2017 (MIN17.409) to:

“2. Request the Pride of Bomaderry form a parkcare group for the ongoing maintenance of Waratah Park;

3. Enter into a licence with the owners of Waratah Park at 49 Meroo St, Bomaderry for the ongoing public use of the land and delegate authority to the General Manager or his nominee to finalise the details of any agreement.”

A licence was entered into and subsequently in May of 2018 Council (MIN18.379) endorsed the parkcare plan for Waratah Park.

Council’s current position is to not support acquisition of the property at 49 Meroo St, Bomaderry for a park and this is supported by recommendations in the:

1. “Community Infrastructure Strategic Plan 2017” which identifies and recommends the rationalisation (sale) of the following parks in Bomaderry:

i. Reid Park – located on the corner of Bunberra and Tallayang Streets comprised of 809 sqm of “Community land”;

ii. Mulgen Street Reserve – located in Mulgen Street, 295sqm of “Community land”;

iii. Leonard Street Reserve – located in Leonard St, 1,195 sqm of “Community land”;

2. Consultancy firm “Acclimate’s” Master Plan for the Shoalhaven Community & Sports Precinct (SCaRP) which identified nine (9) Council properties ideally suitable for rationalisation.

50 Coomea Street, Bomaderry

The potential affordable housing development on Council land in Coomea Street (42 to 46) is a short term priority in the Shoalhaven Affordable Housing Strategy that included pursuing, in partnership with others (e.g. Southern Cross Housing), the acquisition of additional land.

Within the Shoalhaven Affordable Housing Strategy adopted in December 2017 Council believes that:

“An effective way of delivering affordable housing is through the development of affordable housing on Council land in partnership with a community housing provider such as Southern Cross Community Housing and possibly also the private sector.

The under used Council land at 42-46 Coomea Street, Bomaderry could be redeveloped to increase the supply of affordable housing in Shoalhaven.

The project area could be expanded via the acquisition of adjacent privately-owned land, specifically 48-52 Coomea Street and/or 49 Meroo Street.

Given the location, the land is suitable for a financially viable affordable housing project and has the potential to initiate and assist with revitalising the Bomaderry Town Centre, which has been requested by and has the support of the local community group.

State Government funding would assist Council and possible partner organisations to implement a much-needed affordable housing project.”

Based on the above, Council at its Ordinary meeting dated 28 March 2017 resolved (MIN17.215):

“That should opportunities arise for Council to further consolidate its land holdings in Coomea St Bomaderry then the opportunities be reported to Council for consideration and that funding for such a project be from the Strategic Lands Reserve.”

An outcome of this resolution was correspondence being sent to each of the property owners in Coomea Street advising of Council’s interest in purchasing their properties in the event they considered selling.

In August 2018 the owner of 50 Coomea Street responded to Council’s approach. This response was an offer to sell the property to Council, subject to agreement on price and terms.

Councillor Briefing

A Councillor briefing was held on 13 September 2018 to discuss the request by the Pride of Bomaderry to purchase Waratah Park for public recreation space and provide an update on the approach by the owner of 50 Coomea Street.

The outcome of the briefing confirmed the opinion of Council staff that no further open space was required in Bomaderry; however two alternate options were considered:

1. Acquire Meroo Street (Waratah Park) and other lots as a strategic land development initiative with retention of existing zonings and seek “operational” classification that reserved Council’s right to develop the lands as part of the Shoalhaven Affordable Housing Strategy. This included the possibility of an arcade and a pedestrian link to the council car park in Coomea Street; or

2. Not acquire Meroo Street but continue with the acquisition of other lots in Coomea Street as a strategic land development initiative.

Community Engagement

There has been no community engagement undertaken in relation to this matter.

Financial Implications

Council’s Strategic Property Reserve has a balance of $523,000 as at 31 August 2018. The Reserve has been depleted of late with numerous strategic acquisitions occurring over the past two years.

Notwithstanding there may be insufficient funds to cover the purchase of both properties, Council can expect an injection of funds of $735,000 into the Property Reserve from the upcoming disposals of land at Broadview Ave, Culburra Beach and Bridge Road, Nowra.

Strategy and Assets Committee – Tuesday 16 October 2018

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SA18.243 Sale - Council Land - Lot 1 DP579906 at 27c Broadview Ave Culburra Beach

HPERM Ref: D18/295498

Group: Assets & Works Group

Section: Business & Property Unit

Attachments: 1. Aerial view - access highlighted ⇩

2. Sketch showing location of Lo1 DP579906 ⇩

3. Copy of DP 579906 ⇩

4. Copy of Dealing P448482 relating to DP579906 ⇩

Purpose / Summary

This report provides Council with the opportunity to consider approving the sale of Lot 1 DP 579906, 27c Broadview Ave, Culburra Beach, formerly known as 10 Jopejija Crescent, to Janet & Paul Francis for $235,000.

Recommendation

That Council resolves to:

1. Authorise the sale of the land comprised in Lot 1 DP 579906 at 27c Broadview Ave (formerly known as 10 Jopejija Crescent), Culburra Beach to Janet & Paul Francis for $235,000 (inclusive of GST if applicable); and

2. 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; and

3. Rescind MIN17.1020 (1) & (2).

Options

1. Adopt the recommendation.

Implications: This property is surplus to operational needs and disposal will generate additional income for Council and reduce Council’s ongoing maintenance burden.

2. Not adopt the recommendation and defer a decision on the matter pending discussion at a Councillor Briefing.

Implications: Not adopting this recommendation will result in the matter reverting to the standing Council resolution MIN17.1020 which requires that the property be sold via public auction. Council may continue negotiations with the owners of 27a Broadview Ave, Culburra Beach, Paul and Janet Francis, for the acquisition of a 300sqm easement over their property for the purposes of access and services to the adjoining Lot 1 DP 579906, the subject land.

Background

Council adopted the following recommendations at the Ordinary meeting of Council on 28 November 2017 (MIN17.1020):

“1. Resolve to dispose of 10 Jopejija Crescent, Culburra Beach (Lot 1 DP579906) by way of public auction in accordance with Policy 16/256 (Development and/or Disposal of Council Lands);

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.”

NOTE: Actions under (4) & (5) above were concluded upon registration of dealing AN128082, a transfer releasing easement, in March 2018.

The address 10 Jopejija Crescent, Culburra Beach was changed to 27c Broadview Ave, Culburra Beach to assist identification of the property, to match the point of legal access from Broadview Ave and to remove any confusion about the street name and access point.

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. Shoalwater has confirmed that the property is surplus to current and future operational needs. Shoalwater has endorsed the sale as the ongoing maintenance and encroachment issues have become a burden on its operational team.

Due diligence investigations in preparing the property for disposal by public auction revealed that an easement for access and water supply, granted under Dealing P448482 (refer to attachments 3 & 4) and burdening the adjoining property comprised in Lot 10 DP 261880 is of benefit to Council only. Further, legal advice confirms that the benefit granted to Council pursuant to the easement does not transfer as a right to any subsequent owner(s). This would result in:

1. An as yet unquantified reduction in the value of Council’s property because the property becomes land-locked if it is transferred to another party as a result of a sale; and

2. The need for a purchaser to enter into negotiations with the adjoining owner (Francis) for a new easement (with the purchaser being in a very poor position from which to negotiate) for access and services.

Considering the above and given the closeness of the access to the Francis’ residence (refer to photo 2 below) consideration was given to disposal of the property to Mr and Mrs Francis and negotiations commenced with them subject to Council approval.

Basis of Sale

Market appraisals were provided by Ray White, First National and Elders Real Estate offices.

· Ray White - $300,000 - $350,000

· First National - $350,000 - $375,000

· Elders - $320,000 - $360,000

Midpoint values of the three market appraisals ranged from $325,000 - $362,500. These values assumed full and unimpeded access and land which is unencumbered.

Based on valuation and legal advice, the final cost to a new owner of the Council property of acquiring an easement for access and services could be within the vicinity of $150,000.

Paul and Janet Francis approached Council with an offer to purchase 27c Broadview Ave with an initial offer of $180,000. Further discussions resulted in two more offers of $215,000 in July and a final offer of $235,000 in August.

In the circumstances of this case, a sale to the adjoining owners is the most logical means of achieving an outcome which disposes of a property regarded as surplus to requirement. This action accords with Council’s POL16/256 – Development and/or Disposal of Council Lands under point 3(o) – “direct negotiations under exceptional circumstance….” and the ICAC guidelines for managing risk in direct negotiations (May 2006).

The proposed sale price is supported by the following calculations:

The midpoint of values of 27c Broadview Ave $325,000 to $362,500

less 27a Broadview Ave easement acquisition $150,000

Property Price Range $175,000 to $212,500

The sale price of $235,000 represents a better return than the high end of this range which is $212,500.

By resolving to deal with the owners of 27a Broadview Ave and accepting the offer to purchase, Council does not have to acquire an easement for access and services in order to sell the land nor is it required to meet costs associated with marketing the property for sale.

Photo 1: View from Council’s property looking towards Janet & Paul Francis’ house

Photo 2: Shared driveway from Broadview Ave for access and services to Janet & Paul Francis’ house on the left and Council’s property on right at the end of the paling fence

Photo 3: Council’s property on right through gate

Community Engagement

The Proposed Sale of the subject land is a local area low impact issue as outlined in Council’s Community Engagement Policy. There has been an appropriate level of community engagement as per resolution

There are six adjoining Property owners, all of whom have been individually contacted and notified of Council’s intention to dispose of this lot.

Financial Implications

The proposed sale of this land will generate extra income for Council to set aside for future land development and disposal projects. This represents potential for an improved return on assets which is in the best interests of the wider community.

Strategy and Assets Committee – Tuesday 16 October 2018

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SA18.249 Proposed Ground Licence to Sussex Inlet Men's Shed Inc. - Thomson Street Sporting Complex - 29 Thomson Street Sussex Inlet

HPERM Ref: D18/331087

Group: Assets & Works Group

Section: Business & Property

Attachments: 1. Proposed Licence Plan ⇩

Purpose / Summary

This report provides Council with an opportunity to consider an approval to grant a ground licence over Part Lot 2 DP 1062625 – Thomson Street Sporting Complex, 29 Thomson Street Sussex Inlet (refer to attachment 1) to the Sussex Inlet Men’s Shed for a one year short term licence, at an annual rent of $493 plus GST, with annual CPI increases.

Recommendation

That Council:

1. Enter into a one year short term ground licence over Part Lot 2 DP 1062625 Thomson Street Sporting Complex with Sussex Inlet Men’s Shed for an annual rent of $493 plus GST, with annual CPI increases, for the purpose of operating a men’s shed.

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

Options

1. Adopt the recommendation.

Implications: The ground licence will allow the Licensee to continue to occupy the premises and provide a place for men to gather, converse, share skills and provide a safe and secure facility for storage of tools, equipment including a bus trailer.

2. Not adopt the recommendation.

Implications: The Licensee will be required to find alternate premises for single use occupation to enable use and provide safe and secure storage of tools, equipment and bus trailer.

Background

Sussex Inlet Men’s Shed provides a place for local men to meet and enjoy the company of other men with similar interests, encourage an environment to discuss men’s health, both mental and physical, and the sharing of skills learnt over a working lifetime within the wider community. The Sussex Inlet Men’s Shed provides a support network to the male residents of Sussex Inlet, Cudmirrah, Berrara, Wandandian, Basin View and Fisherman’s Paradise

The Sussex Inlet Men’s Shed was formed circa 2007, and initially occupied the premises identified as the shed adjoining the eastern side of the tennis club house. In 2012, the Men’s Shed was the driving force for obtaining development consent for and construction of a purpose built 3 bay garage for storage of a bus trailer and equipment, and additionally, it gave an opportunity to provide extra bays for sporting and/or community groups.

Due to the nature of the existing occupancy, that being use of tools and machinery for the purpose of operating a “Men’s Shed”, the facility occupied by the Sussex Inlet Men’s Shed is not available for public hire and therefore does not fall under a public facility definition. Therefore a formal licence agreement is required to cover the ongoing occupation of the facility

Council’s Property Unit and the Sussex Inlet Men’s Shed have worked together to negotiate a ground licence for the area currently occupied at the Thomson Street Sporting Complex. The schedule of agreed terms is provided below:

Terms Schedule

Licensor:	The Council of the City of Shoalhaven as Crown Land Manager – R180065 – Thomson Street Sporting Complex. Administration Building 42 Bridge Road, Nowra, NSW, 2541 Tel: 02 4429 3111 Fax: 02 4422 1816 Email Council@shoalhaven.nsw.gov.au
Licensee:	Sussex Inlet Men’s Shed ABN: 30 832 610 991 Thomson St Sporting Complex Sussex Inlet Telephone: 02 4441 0090 (Shed – 8am to 12 noon Mon, Wed, Fri) Mobile: 0457 996 775 Email: kevftho84@gmail.com
Premises:	Part Lot 2 DP 1062625
Licence Term:	1 year
Commencing date:	TBA
Terminating date:	TBA
Licence preparation fee:	$350.00
Rent:	Statutory Minimum $493.00 plus GST per annum
Rent Assessment:	Not applicable
Fee review	Annually in accordance with CPI
Outgoings:	100%
Permitted use:	Community not for profit organisation - Men’s Shed meetings and all activities incidental thereto.
Limit of liability under insurance:	$20 Million

Initial licence negotiation with Sussex Inlet Men’s Shed was prior to the commencement of the Crown Land Management Act 2016 (CLM Act) on 1 July 2018. The CLM Act authorises councils that are appointed to manage dedicated or reserved Crown land as if it were community land under the Local Government Act and a plan of management must be adopted for that community land. A transition period of 3 years applies, and a plan of management must be in place within that time.

Prior to the adoption of a plan of management, Council under the Act can only issue a new short-term licence for a maximum period of one year if the licence is for a prescribed purpose under the CLM Act. Therefore the initial term of 5 years as requested by the Sussex Inlet Men’s Shed will now be revised to a one year short-term licence that will need to be renewed each year until a plan of management is approved by the Minister; a longer term agreement can then be entered into.

Community Engagement

In accordance with Section 47A of the Local Government Act, a public notice of the proposed licence was physically attached to both the 3 bay garage and existing shed that adjoins the eastern side of the tennis clubhouse, as well as public notification by way of newspaper advertising in the South Coast Register and Milton Ulladulla Times on Wednesday 1 August 2018 for a period of 28 days. Adjoining property owners, Sussex Inlet and District Community Forum and the Thomson Street Sporting Complex Management Committee have also been notified.

Three submissions were received and raised the following concerns:

Issue	The complex is a community facility and should remain under the control of the Council delegated committee i.e. Sussex Inlet Thomson Street Facilities Management Committee.
Council response	The facility occupied by the Sussex Inlet Men’s Shed is not available for public hire and therefore does not fall under the term “public facility”. A formal Licence agreement is required.
Issue	The Management Committee needs to be part of the process for leasing of the complex so other community groups are not disadvantaged or a precedent is set.
Council response	Although the Management Committee represents Council, it is not a separate entity and has no authority to execute leases/licences. The input of the Management Committee has been requested through informal request for comment and formal public notification.
Issue	Dissatisfaction with the state of the complex; number of extra buildings being erected; lack of consistency in building materials and construction; appearing to look more and more industrial in nature; considerable deterioration of standard of buildings at the complex.
Council response	The proposed ground licence is to formalise an existing occupation. No new building is proposed.
Issue	Public notice implied the proposed ground licence was for the whole of the Sussex Inlet Thomson Street Sporting Complex. However, if the ground licence is only for the existing facilities used by the Sussex Inlet Men’s Shed, then no comment.
Council response	It is confirmed that the proposed licence is for the existing occupation of facilities.
Issue	Initial concerns raised over control of the 3 bays in the garage.
Council response	The licence is a ground licence only. A special condition is to be included in the licence to address concerns about usage of the 3 bay garage by sporting and/or community groups. Special Condition: The hebel, concrete and steel garage identified as the western licenced area is to be occupied as follows: Sussex Inlet Men’s Shed ……………………… approximately 50% Rotary Club ………………………………………… approximately 25% Community groups……………………………… approximately 25% As per the existing configuration. The Rotary Club and Community Groups will have unhindered access to their allocated storage areas for the term of any ground licence granted by Council.

An acknowledgment letter has been sent to those who provided a submission during the public notification period and detailed response letter will be forwarded following resolution.

Strategy and Assets Committee – Tuesday 16 October 2018

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SA18.250 Response - MIN18.290 regarding various issues in the Huskisson Area

HPERM Ref: D18/206735

Group: Assets & Works Group

Attachments: 1. JBMM Banner Bracket Policy 2017 ⇩

Purpose / Summary

The following is a response to the 24 April 2018 Resolution (Min18.290) regarding various issues in the Huskisson area.

Recommendation (Item to be determined under delegated authority)

That Council note the responses to the 24 April 2018 Resolution (MIN18.290) regarding various issues in the Huskisson area.

Background

At the Ordinary Meeting on 24 April 2018, Council resolved as follows (MIN18.290):

That:

1. Council recognises and gives priority consideration in the budget process to the following (noting the importance of item 1a as a priority)

a. Prepare a comprehensive current traffic/parking control plan and fund and construct a roundabout at the intersection of Owen/Sydney/Tomerong streets (Picture Theatre corner).

b. Remove the existing work/dump area at the entrance to Husky Road north side (opposite the new sign) and replant with trees to compliment the other side.

c. Sports fields public amenities upgrade

2. The following items be costed and reported to Council

a. Outdoor gym equipment in Voyager Park.

b. Car Parking solutions (a significant on-going issue)

c. Add trees to village entrance on south side near the Bowling Club to create an avenue.

d. Install banners in Owen street on power poles for holidays/ white sands carnival.

Responses are provided by various officers as follows;

1. Council recognises and gives priority consideration in the budget process to the following (noting the importance of item 1a as a priority)

a. Prepare a comprehensive current traffic/parking control plan and fund and construct a roundabout at the intersection of Owen/Sydney/Tomerong streets (Picture Theatre corner).

Response: Director Assets and Works

The construction of a roundabout at the intersection of Owen / Sydney / Tomerong Streets Huskisson has been noted as a priority for consideration / inclusion in future budget with an allocation of $800,000. See item 2b for car parking study / control plan.

Economic Development will be seeking funding opportunities by submitting applications through Building Better Regions Program and Stronger Country Communities Fund when opportunities arise.

The June Quarterly Budget Review also has provided funding of $25,000 for design and costing so that the construction of a roundabout can be “shovel ready”.

b. Remove the existing work/dump area at the entrance to Husky Road north side (opposite the new sign) and replant with trees to compliment the other side.

Response: Director Assets and Works

There is a designated stockpile site at the intersection of Pine Forest Road and Naval College Road.

The verge on the north side of Huskisson Rd is generally not used for stockpiling of material, although has been used for a temporary works compound at various times during construction projects.

Staff are currently finalising a list of citywide streetscape improvement projects for the FY18/19 streetscape budget and this project will be nominated for consideration by Council.

c. Sports fields public amenities upgrade

Response: Director Finance Corporate & Community

It is understood that this item specifically relates to the Huskisson Sporting Fields. The community representatives have suggested that: “the current facility has a feel of the 1960’s. There is now 400 registered soccer players, plus market attendees and carnival attendees using the facilities. There are only 2 female cubicles in these facilities. People now use the Bowlo’s facilities as public facilities seem inadequate”.

The amenities were updated in 2008 and are not programmed for any further works this financial year. The current arrangement meets the requirements of 180 persons. The facilities are only opened to patrons of the Huskisson sports fields when it is in use. They are not considered Public Amenities as they specifically service the sporting fields.

Council’s Community Infrastructure Strategic Plan 2017-2036 notes no further works or recommendations for upgrades for the Huskisson Sports Ground. The 2017 Seasonal Allocation Form identifies 368 registered players and two fields.

The appropriate manner to deal with this issue would be to directly engage with the users groups when Council’s Community Infrastructure Strategic Plan is reviewed. This is expected to occur in 2021 following the next local government elections.

2. The following items be costed and reported to Council

a. Outdoor gym equipment in Voyager Park.

Response: Director Finance Corporate & Community

Council staff are currently finalising the detail design for Voyager Park, and have commenced the construction works to complete the HMAS Voyager memorial, park entrance and path in line with funding received from the Commonwealth Government under the Community Development Grants Program. In addition, the concept plan for Voyager Park also includes an extension to the existing playground and water play facility. Considering any addition infrastructure in this location is not recommended as it may result in overcrowding of facilities and detract from the ambience of Voyager Park. Delivering the masterplan is consistent with Council’s adopted Community Infrastructure Strategic Plan.

Other areas in Huskisson should be considered for such facilities, including White Sands Park or Moona Moona Creek Reserve. Installation of outdoor gym equipment should be considered along established shared paths rather than as a single station with multiple equipment types. This provides users the opportunity to travel along the paths, stop for a specified exercise and continue on. This option also limits the amount of space required for the facility, which is a necessary consideration for these open space areas in Huskisson which are highly utilised for events, and reduces the impact from a noise and congestion perspective on the surrounding sensitive land uses such as residential dwellings. An indicative cost for the supply and install of facility which includes approximately eight to ten outdoor gym equipment pieces is approximately $75,000.

Council’s Community Infrastructure Strategic Plan 2017-2036 does not identify this facility as a requirement in Huskisson. Existing outdoor exercise equipment is provided in the Bay & Basin area at Plantation Point, Vincentia, and Paradise Beach, Sanctuary Point.

b. Car Parking solutions (a significant on-going issue)

Response: Director Assets and Works

The Huskisson Traffic and Parking study was completed in December 2016. Council resolved 20 December 2016 (MIN16.1048)

That

1. The Huskisson Traffic and Parking Study be made publicly available

2. Commence survey design and consultation for all short-term pedestrian and traffic management options in accordance with the recommended strategy

3. Consider reviewing the Development Control Plan and Contributions Plan projects related to car parking and traffic facilities

4. As part of the next major review of the Shoalhaven Local Environmental Plan, based on the study findings consider planning for the long-term provision of a Huskisson Bypass (alternative road access around the town centre for through traffic)

The study identified (based on Council’s current policy/CAR parking rates) that there is currently adequate parking in Huskisson. It is the demand “over and above” those minimum rates, particularly on weekends and holidays that creates the current angst in Huskisson.

However, city-wide the Development Control Plan (DCP) and Contributions Plan (CP) do not provide for those higher levels of demand. Generally, if Council wanted to satisfy those higher level demands this would have to be funded separately (in addition to car parking projects identified in the DCP/CP), and subject to considering city wide priorities (the higher levels of parking demand experienced in Huskisson is common in many of Shoalhaven’s towns and villages).

Because a key outcome of the analysis was that parking supply in Huskisson was currently sufficient (in accordance with Council policy), there was no resolution in December 2016 to address parking in the short term (item 3 of the resolution intended to address strategic planning for future car parking provision).

At the time the Huskisson Traffic and Parking study was completed, it was unknown what the future direction was in regards to

· #59 Owen Street (the study considers both with/without),

· it was assumed the Church and Crown land (Currumbene Street) would both be required as part as part of the future car parking strategy (now uncertain whether this can be achieved), and

· it was reported that an additional 40 spaces (approximately) could be created on the same land as the existing Owen Street car park by reconfiguring the existing car park to create a fourth aisle of parking to minimum Australian Standards (the car park immediately adjacent to the bottle shop). The Owen Street car park option (although available as a short term option) was never pursued by Council as it considered the future development potential of that land.

The study was comprehensive and provided all the supply/demand numbers for Council to consider, however the Strategy remains unresolved.

Because of uncertainties over key parcels of land historically considered to be options for a Huskisson car parking strategy, the DCP and CP has been unable to be progressed because the DCP and CP reviews are effectively later steps when Council resolves its actual carparking strategy for Huskisson. Before the reviews can be undertaken, actual sites and intended works, with indicative costings, need to be known.

The following provides further commentary in relation to the above “unresolved” sites:

The Church and Crown Lands (Currumbene Street)

The study envisaged being able to provide 80 spaces on each parcel, 160 in total if both developed to full potential, as car parking.

However, the land referred to as Crown Land in the study is now in the ownership of the Jerrinja Local Aboriginal Land Council (LALC). Additionally, it is understood that the Church are in the process of selling their land to a developer who may ultimately pursue its development. As such the use and availability of both parcels is unknown at this point.

Regarding the LALC lot, initial discussions have been held regarding Council’s desire to use this parcel as a car park in the longer term. Following the recent completion of the Memorandum of Understanding (MoU) with the LALC, Council’s staff will continue to liaise with them re the use of this site. It may be that they could ultimately be interested in leasing the land to Council for this purpose to create an income stream rather than a one-off purchase. It should be noted that before the LALC can deal in this land that it needs to be surveyed and other procedural steps taken. Council staff will report back separately on this in due course. However, the potential number of spaces on this LALC land is unknown at this point as there are, for example, several unmarked graves on the land, and environmental issues to be considered (there are a significant number of, and some very large trees on the land, which may not be suitable to coexist in a car park).

The Existing Owen Street Car Park (next to bottle shop)

At this point the land is commercially zoned and Council needs to clarify whether it wishes to pursue development of this nature, which could possibly include car parking. Council has always required any development of public car parks to provide both replacement public car parking and any parking required by the actual development. It is likely that if Council were to pursue a redevelopment of this site that it would take many years to realise.

Currently the adopted contributions plan for Huskisson car parking (03CARP2002) only includes one project (to provide a minimum of 87 spaces over the three parcels of land immediately adjacent to the bottle shop); this only includes the land subject of the existing car park immediately adjacent the bottle shop, and does not include the two parcels of land later purchased between the existing car park and Sydney Street (currently used as temporary overflow car parking). There is currently $656,144.96 available to the 03CARP2002 project. A design has been prepared identifying 42 spaces that can be created over the existing car park land, at an estimated cost of $170,000 (adjusted from an earlier estimate in 2015, and contingency added).

As such in the interim the provision of an additional 40+ spaces is still an option for Council to consider.

59 Owen Street

Council was briefed on the status of 59 Owen Street recently. At this briefing staff advised that before the site is redeveloped for a community use (i.e. park or similar) that the car parking strategy for Huskisson needs to be clarified and replacement parking identified and constructed before the existing parking on 59 Owen Street is removed. Councillors were provided with a range of information on the site at 59 Owen Street and its history. The consensus at the briefing was the Councillors wanted a half day workshop (4-7pm) to discuss and ventilate the range of issues associated with the site and the adjacent areas, including carparking. The workshop is still to be scheduled.

Huskisson Streets

The Huskisson Traffic and Parking study identified that a significant amount of on street car parking could be provided in the streets around the Huskisson town centre, but strongly recommended that Council should not include their provision in its DCP/CP (which is meant to provide for the minimum levels of demand in off street car parking locations). The on street car parking locations will be an important future stock of car parking supply to address demands higher than Council’s minimum rates but will need to be funded separate to the DCP/CP to avoid a significant encroachment of car parking in the future on the surrounding residential area.

Following the Huskisson Traffic and Parking study a design was prepared for 90 degree car parking at the northern end of Currumbene Street (between Owen and Morton Streets). The Western side was constructed immediately following, and the eastern side remains outstanding (but design is construction ready). The design kerb line is set back to a new alignment along Currumbene Street that will facilitate 90 degree car parking along its whole length (ultimately to Bowen Street) on both sides. $100,000 is required to be allocated by Council if they want to proceed with the works (just the eastern side between Morton and Owen Street).

Options

A report outlining short term car parking options will be compiled for Council’s consideration in October and November and thus provide early consideration for the 2019 - 2020 budget.

c. Add trees to village entrance on south side near the Bowling Club to create an avenue.

Response: Director Assets and Works

It is proposed to remove the existing Liquid Amber trees on the southern side of Huskisson Road from the entry into the Huskisson Bowling Club to Kioloa Street. These trees are many decades old, have been heavily lopped and disfigured, due to Endeavour Energy pruning beneath overhead power lines.

In addition, it is intended to replace the trees on the northern side of the road (directly opposite) which are failing to thrive. This will afford the opportunity of creating an avenue of more suitable trees leading into Huskisson.

A concept diagram of proposed works and planting species will be prepared and presented to Huskisson Chamber of Commerce and the CCB.

Following consultation, landscape works will proceed when conditions are suitable to planting between March and April, using funding held in the Streetscape Renewal budget of $512K.

d. Install banners in Owen street on power poles for holidays/ white sands carnival.

Response: Director Finance Corporate & Community

Banners are already installed on Owen Street, and can be booked for advertising, managed by the Jervis Bay Maritime Museum (JBMM). The attached document provides details on the JBMM Policy and associated costs.

Strategy and Assets Committee – Tuesday 16 October 2018

Page 1

SA18.255 Shoalhaven Coastal Management Projects Updates

HPERM Ref: D18/337229

Group: Planning Environment & Development Group

Section: Environmental Services

Attachments: 1. South Mollymook Coastal Hazard Distribution Modelling - Study Method Approach Memo - RHDHV (under separate cover) ⇨

2. Currarong Erosion Remediation Project - Q & A ⇩

Purpose / Summary

Provide Council with a progress update on five (5) key coastal management projects, currently being delivered under the Council’s Coast and Estuary Program, summarised as follows.

1. South Mollymook Cost Benefit and Distribution Analysis

2. Shoalhaven Heads – River Road Foreshore Precinct Restoration

3. Shoalhaven Coastal Management Program

4. Currarong Erosion Remediation Project

5. Shoalhaven Riverbank Restoration

Recommendation (Item to be determined under delegated authority)

That Council receive the updates on the Shoalhaven Coastal Management Projects for information.

Options

1. As per the recommendation

Implications – the five-key coastal management project would continue to progress.

2. Council consider alternative recommendations

Implications – This would depend on the recommendation

Background

For the purposes of this report, each of the five-coastal projects have been broken into the following sub-headings.

i. Overview

ii. Status

iii. Future Progress

South Mollymook Cost Benefit and Distribution Analysis

i. Overview

On the southern end of Mollymook Beach, coastal protection is in place in the form of a gabion and sandstone seawall (in front of the golf club and Beach Rd) and a concrete seawall (in front of the Mollymook Surf Life Saving Club (SLSC)). Large parts of these seawalls have deteriorated to a point that a decision is required on the repair, removal or replacement of the coastal protection structures.

In 2016, Council engaged Royal Haskoning DHV (RHDHV) to prepare a report on the condition and replacement of these coastal protection structures. The report recommended replacement of two of the structures and repair of the third. The estimated full cost of doing this was $4,752,810 for all three structures, with a 40% contingency for construction costs.

As per the NSW Coastal Management Manual – Part C, all coastal projects seeking grant funding over the value of $1 million must undertake a Cost Benefit Analysis (CBA), using NSW OEH’s Cost-Benefit Analysis to Assess Coastal Management Options: Guidance for Councils’ and the NSW Treasury Guide to Cost-Benefit Analysis.

The CBA is to be undertaken to determine the cost of the coastal management option, weighted against the economic benefits the coastal protection options would provide. Council was awarded a $50,000 grant from NSW OEH towards the cost of undertaking a CBA at South Mollymook, with $50,000 contributed from Council coastal budget.

In October 2017, Origin Capital Group was engaged by Council to carry out a formal Cost Benefit Analysis (CBA) for several long-term options identified to manage coastal hazards at South Mollymook Beach. RHDHV was retained by Origin Capital Group to carry out a risk-based coastal hazard assessment, which includes coastal hazard mapping, for South Mollymook Beach to inform the CBA.

As a variation to the original project, the risk-based coastal hazard assessment mapping for South Mollymook Beach was expanded to include the whole of Mollymook Beach.

The mapping uses a different methodology, called “probabilistic’ modelling, as opposed to “deterministic” modelling, previously used in the citywide coastal hazard review 2016 (undertaken by Advisian). For a full detailed description of the coastal mapping methodology and how it informs the CBA, please refer to the attached memo from RHDHV on the study approach used for the coastal hazard assessment.

In simple terms, probabilistic assessment is based on a group of techniques that incorporate variability and uncertainty into the risk assessment process. It provides estimates of the range and likelihood of a hazard, exposure or risk, rather than a single point estimate which is associated with deterministic assessment.

ii. Status

The complexities experienced with the new coastal hazard modelling methodology have delayed the coastal hazard mapping project, and subsequently the South Mollymook CBA. The project has been delayed by six (6) months, with Council receiving approval from NSW OEH grants section to delay the finalisation of the grant project from 30/06/2018 until 22/12/2018. The draft coastal hazard mapping report is currently being reviewed by staff from both Council and NSW OEH, before being approved for use to inform the CBA.

iii. Future Status

The draft CBA report is due to be completed by Origin Securities by October 2018. Once received, Council staff will review the report and then forward it to NSW OEH for final approval. The CBA draft report will be reported to Council for adoption. Final acquittal of the grant project is to be completed in December 2018.

Shoalhaven Heads – River Road Foreshore Precinct Restoration

i. Overview

The 2016 East Coast Low impacted on the banks of the Shoalhaven River at River Road, Shoalhaven Heads. This was due to a combination of factors including the opening of the Shoalhaven River mouth, the impact of swell within the River and large rainfall events impacting on the stability of the riverbank from three (3) storm water outlets. The result was moderate bank erosion, loss of vegetation along the riverbank, and direct threats to public assets, including public road, powerline utilities and storm water infrastructure.

Following community concern, Council commissioned the UNSW Water Research Laboratory (WRL) to assess the coastal management options for the River Road foreshore precinct; to address the erosion on the riverbank and assess the coastal protection options available to Council. The River Road Foreshore – Assessment of Coastal Management Options report was produced and reported to Council via the Shoalhaven Heads Estuary Taskforce in December 2017.

The report prioritised a 250 metre stretch (Zone 2b & 3a - see Figure 1) for construction of a rock protection structure, sand nourishment and storm water management, and the installation of recreational assets, such as viewing decks and beach access ways. This was based on a geotechnical risk assessment undertaken of the foreshore precinct by JK Geotechnics.

Figure 1: Prioritisation of management options for the River Road foreshore precinct, Source WRL, River Road Foreshore Assessment of Coastal Management Options.

The report costing for the coastal protection, sand nourishment, storm water and recreation facilities was approximately $1.7 million. Upon request from the Shoalhaven Heads Estuary Taskforce (SHET), the WRL report was peer reviewed by Manly Hydraulics Laboratory (MHL). It was recommended that the following technical information be incorporated into the detailed design of erosion remediation control structures at River Rd:

a. Coastal erosion remediation structure be designed for a more conservative large river entrance opening to reduce the risk of failure; and

b. A minimum design life of 25 years for coastal erosion remediation structure be adopted.

Following this, Council successfully applied for grant funding from Infrastructure NSW under its Restart NSW Tourism grants for the design and construction of the coastal protection, stormwater management and recreational infrastructure to the value of $1.72 million dollars. Council contributed $550,000 from the Coastal Reserve Budget and the Storm Water Reserve Fund. Planet Footprint have undertaken the hydraulic stormwater assessment and design.

Council put out a tender for the detailed design of:

· the coastal protection structure;

· stormwater management;

· sand nourishment;

· beach accessways and viewing platform; and

· Site rehabilitation.

The design is to also include a shared pedestrian access pathway, kerb and guttering and traffic calming devices on River Rd, however these additional features are currently unfunded.

ii. Status

Council’s Project Delivery Unit are managing and delivering the project and the Natural Resources and Floodplain Unit are undertaking the community consultation.

Council has awarded the tender for the detailed design to Magryn Engineering Consultants, see https://www.magryn.com.au/projects. An initial community consultation meeting was held on 28 September 2018, with Council staff and members of the Shoalhaven Heads Community Forum to refine the parameters of the detailed design.

iii. Future Status

Currently the detailed design is due for 95% completion by the end of November 2018. Another community consultation meeting is scheduled for late October, at the 75% completion stage of the design. Table 1 below is a summary of the projects timeline.

Event	Start	Complete
Procurement of detailed design	August 2018	September 2018
Detail Design	September 2018	November 2018
Community Consultation on detailed design	October 2018	November 2018
REF, interagency approvals and procurement of construction works	November 2018	February 2019
Procurement of construction works	February 2019	March 2019
Site preparation and contractor preliminaries	April 2019	May 2019
Stormwater and road preparation	June 2019	July 2019
Construction of Rock protection works	July 2019	November 2019
Construction of boardwalk, access stairs, viewing platform	October 2019	November 2019
Beach scrapping works	November 2019	November 2019
Rehabilitation	March 2020	April 2020

Table 1: Timeline - Shoalhaven Heads – River Road Foreshore Precinct Rehabilitation Restart NSW Grant Project

Shoalhaven Coastal Management Program

i. Overview

The NSW Coastal Management Act 2016 requires all coastal Councils to transition from a Coastal Zone Management Plan (CZMP) (as per the requirements of the now repealed Coastal Protection Act 1979) to a Coastal Management Program (CMP).

On 11 September 2018, the Shoalhaven Coastal Zone Management Plan was certified by the NSW Minister for the Environment and was gazetted on 23 September 2018. The CZMP will act as an interim coastal management plan until 2021, whilst Council transitions to Coastal Management Program, as per the requirements of the Coastal Management Manual.

In 2017 Council was awarded a $100,000 grant from NSW OEH under the Coast and Estuary Grant stream to prepare a Coastal Management Program for the Shoalhaven LGA, with Council contributing $100,000. The Coastal Management Manual requires that a scoping study is prepared prior to a Coastal Management Program being prepared. The key components of a coastal management program scoping study, as identified in the Coastal Manual, are outlined in Figure 2.

The three key components of a scoping study that require the largest investment of time and resources, are a first pass risk assessment to identify knowledge gaps; the preparation of stakeholder and community engagement strategy and a preliminary business case to access the economic, social and environmental cost.

Figure 2: Key components of the coastal management scoping study

Council staff prepared a preliminary draft scoping study in 2017. A working group was formed, consisting of Council staff and members of the former Natural Resources and Floodplain Management Committee, to determine the geographical extent of the scoping study.

It was agreed by the working party that the geographical extent of the Coastal Management Program would be the open coast (not including estuary entrances), Lake Conjola and St Georges Basin estuaries.

Following a revision of Part B: stage 1 of the NSW Coastal Management Manual requirements for a first pass risk assessment, preparation of a stakeholders and community engagement strategy and a business plan, it was decided to outsource the preparation of the Scoping Study to an external consultant.

ii. Status

This project has had significant delays due to Council resources being allocated to the preparation of the CZMP for certification and to ongoing changes and updates to the NSW Coastal Management Manual.

Initially, the preparation of the scoping study and CMP were going to be tendered out as one project, with a holding period between the scoping study and CMP. However, NSW OEH advised against this, as there was concern that there may be too many variations required based on the unknown outcomes of the Scoping Study.

Accordingly, Council has split the Scoping Study and the preparation of the CMP into two separate tender/quotation processes, with the request for quotation for the preparation of the Scoping Study currently out and due to close on 23 October 2018.

iii. Future Status

The deadline for the preparation of the Scoping Study report is early April 2019. The preparation of the CMP will then be tendered out and the deadline for the completion of the CMP is November 2019. This original timeframe will need to be reviewed and initial discussions have been held with OEH in this regard.

Currarong Erosion Remediation Project

i. Overview

In 2009, the final three preferred options following the preparation of the Currarong Coastal Erosion Options Report (SMEC) and the outcomes of a workshop held with the Shoalhaven Estuary Management Committee were:

1. Trial Groyne - A groyne located along at the eastern end of Warrain Beach, to allow natural build-up of sediment seaward of the area that is undergoing recession in addition to beach nourishment to minimise the impact on the beach down drift of the groyne;

2. Sand Nourishment - Beach nourishment at the central reef where the dwellings behind the dune are the closest to the beach; and

3. Dune Management- Maintain and improve the health of the dune vegetation.

This project was expedited in 2016 as a result of the damage from erosion caused by the 2016 East Coast Low (ECL). Following the ECL, a community meeting was held in October 2016 at the Currarong Community Hall, in which 120 residents attended. Community consensus at the meeting was that Council should pursue the project to design stage.

Council also undertook a community consultation via Council “Get Involved” platform, the results of the consultation were that 50% of the community were in favour of pursuing the Currarong Erosion Remediation Project (for details of the background and results of the project please see the attached Q & A Information sheet).

The certified Coastal Zone Management Plan (CZMP) identifies actions (LA3.2) in relation to the Warrain Beach and Beecroft Parade coastal protection options. These actions were changed from design and construct, by request from the NSW DoI – Land and Water following ongoing consultation during the development of the CZMP. This was following written advice from DoI – Land and Water’s Coastal Specialist, and their Coastal Engineer Specialist. The Department were of the view that the coastal risk was not as high as Council had initially thought and were of the view that Council still needed to continue to investigate coastal management options. The actions in the CZMP are as follows:

“Undertake a detailed, technical investigation of coastal hazard management options for Currarong Beach and for the shoreline in front of Beecroft Parade. That are feasible for this location, cognisant of coastal processes and risks (over defined timeframes), as well as the social, environmental and economic impacts of the options, including its benefits and costs. Develop and implement a management strategy in consultation with key stakeholders including DoI Crown Lands.”

ii. Status

On 16 August 2018, NSW DoI – Land and Water, as the land owner, met with Council and the two Coastal Engineering consultancies, Royal Haskoning DHV and Advisian, to discuss and consider the preferred options. The Department indicated that Council’s response may have been reactionary to the 2016 ECL storm and that a hard engineering solution may not be appropriate at this time. Following this general commentary, Council is now waiting on a formal letter of direction from DoI on how best to proceed.

Office of Environment & Heritage (OEH) advised that a reasonable interim response is to split the project into three (3) stages with separate Review of Environmental Factors (REFs) and Aboriginal Heritage Impact Permit (AHIP) applications:

Stage 1 Warrain Beach: sand nourishment and construction of the remaining two (2) beach access ways

Stage 2 Beecroft Parade: risk assessment and remediation options review and cost benefit analysis

Stage 3 Warrain Beach: options review and cost benefit analysis

Royal Haskoning DHV have provided cost estimates for Stage 1, estimated at $10,000, to deliver the community priority of additional beach access points. However, Council are considering the possibility of undertaking the Review of Environmental Factors in-house.

Council is currently reviewing the geotechnical information in relation to the installation of the Currarong Sewage Scheme to assess the location/depth of the rock platform at Beecroft Parade foreshore and Warrain beach.

The reason for this is to see if Council can reassess the coastal hazard mapping, undertaken by Advisian given this new data and to access if further geotechnical assessments are required.

iii. Future Status

Currently Council is awaiting a formal written advice from the NSW DoI – Land and Water regarding the Department’s position on the project, given they are the land owners on which the coastal protection structures are proposed to be built.

Environmental Services is also in negotiations with Shoalhaven Water and Asset and Works Groups, to undertake a first pass basic Cost Benefit Analysis of relocating the public assets such as water lines, sewage lines and roads at Warrain Beach and Beecroft Parade, as a retreat option.

Shoalhaven Riverbank Restoration

i. Overview

In September 2017 Council received a $300,000 grant from the Commonwealth Department of Industry, Innovation and Science under the Improving Your Local Parks and Environment grant program. The funding provided is to repair and restore a section of the Shoalhaven River bank adjacent to Bolong Road, just south of Broughton Creek.

The project will undertake riverbank restoration of 950 metres of the Shoalhaven River Estuary by combining new technologies of river bank revetment and the planting of marine and terrestrial plants to reduce the effects of erosion following minor to moderate floods as well as improve riparian biodiversity within the River.

The project will be undertaken by Council in partnership with South East Local Land Services and Shoalhaven Riverwatch. Key activities of the project are:

· 950 metres of riverbank revetment erosion structure which incorporates erosion control and improvements to riverbank biodiversity;

· 950 metres of stock fencing; and

· Sand-filled geofabric bags to protect the 10,000 plants (mangroves, macrophytes & Swamp Oak) that will be planted by Riverwatch volunteers.

The work aligns with action 8.13 of the Shoalhaven River Estuary Management Plan Implementation Strategy, previously adopted by council. The total project cost is $300,000, supplied in full by the Australian Government.

ii. Current Status

Currently the project is running three (3) months behind schedule. In March 2018 Council tendered out the project management, erosion assessment, concept and detailed design, environmental assessment, construction and rehabilitation/revegetation of the Shoalhaven Riverbank Restoration Project. The tender was evaluated and under delegated authority the General Manager awarded the tender to Riparian Engineering Pty Ltd, a South Coast based engineering company, specialising in riparian and estuarine projects. See http://riparianengineering.com for further details.

Since being awarded the tender, Riparian Engineering have completed a riverbank erosion and geomorphological assessment to assess what natural forces are affecting the riverbank erosion at this reach of the river. This information has been used to inform a concept plan for the project, which has been approved by the project working group, consisting of representatives from Shoalhaven Riverwatch, SE Local Land Services and the property owner Mr Jim Knapp.

The project has now progressed, and a detailed design, preparation of the Review of Environmental Factors (REF) and Construction and Environmental Management Plan (CEMP) have all been completed. These documents have been sent to NSW DoI – Land and Water as supporting documents for an application of permanent lease for the construction erosion control structure and to NSW DPI Fisheries for a permit to harm marine vegetation under the NSW Fisheries Marine Management Act 1997.These applications are still pending.

Investigations into PASS (Potential Acid Sulphate Soils) have revealed that the site is affected by ASS (Acid Sulphate Soils) within a band of white clay soils that were used to construct a small levee from spoil from the construction of flood drainage channels. However, these will be able to be treated on-site and will not negatively impact on the river water quality.

iii. Future Status

Once the approvals from NSW DoI – Land and Water and DPI Fisheries are received, it is envisaged that construction of the erosion control will commence in November 2018.

Community Engagement

One of the principal methods of engaging with communities and State Agencies in regard to the type of projects outlined above, has been via the Natural Resource and Floodplain Management Committee. As this committee has now been disbanded, the options regarding community consultation are engagement with individual property owners and/or Community Consultative Bodies. Such engagement however does not guarantee the involvement of State Agencies nor foster direct dialogue between the community and Agencies.

[1] Planning Area Three comprises the following localities: Basin View, Bewong, Erowal Bay, Huskisson, Hyams Beach, Old Erowal Bay, Sanctuary Point, St Georges Basin, Tomerong, Vincentia, Wandandian, Woollamia, Wrights Beach.

Open Space Type	Hierarchy	Provision Standard	Area Required (based on 2036 forecast population)
Recreation Parks	Local	0.5ha per 1,000 people	5.94ha
	District	0.6ha per 1,000 people	7.13ha
	Regional	0.2ha per 1,000 people	2.37ha
Sports Parks	District	1.3ha per 1,000 people	15.45ha
	Regional	0.6ha per 1,000 people	7.13ha
TOTAL OPEN SPACE REQUIRED – SANCT POINT /ST G BASIN			38.02ha
TOTAL AREA- ALL COMMUNITY LAND- SANCT POINT / ST G BASIN			64.76ha

Council’s interests in land – when and how it was acquired	This lot was dedicated to Council as public reserve in 1971 under subdivision No. 3071.
Any agreements over the land	No.
Anticipated development	Unknown; No change to zone proposed.
Asset management objectives	Disposal of surplus land through investigation of sale of land to adjoining land owner.
Financial implications	Small financial gain if sold to adjoining land owner(s).

Study	Progress	Estimate Completion	Comments
Lower Shoalhaven River Floodplain Risk Management Study and Plan	15%	June 2020	The project is behind schedule due to the performance of the consultant. Council has taken contractual action and is currently reviewing performance over a three (3) month period ending December 2018. If performance is not satisfactory, Council may take further contractual action.
St Georges Basin Floodplain Risk Management Study and Plan	15%	June 2020	The project is behind schedule due to the performance of the consultant. Council has taken contractual action and is currently reviewing performance over a three (3) month period ending December 2018. If performance is not satisfactory, Council may take further contractual action.
Millards Creek Flood Study	0%	December 2019	Not yet started. Council is currently assessing tender submissions.
Currarong Creek Flood Study	0%	December 2019	Not yet started. Council is currently assessing tender submissions.