Agenda of Strategy and Assets Committee

Strategy and Assets Committee

Meeting Date: Tuesday, 12 November, 2019

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

Time: 5.00pm

Membership (Quorum - 5)

Clr John Wells - Chairperson

Clr Bob Proudfoot

All Councillors

Chief Executive Officer or nominee

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

Agenda

1. Apologies / Leave of Absence

2. Confirmation of Minutes

· Strategy and Assets Committee - 8 October 2019...................................................... 1

3. Declarations of Interest

4. Call Over of the Business Paper

5. Mayoral Minute

Mayoral Minute

MMS19.4.... Mayoral Minute - Plan to Save-our-Recycling............................................. 14

6. Deputations and Presentations

7. Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

SA19.171.... Notice of Motion - Dog Off Leash Area - West Street, Greenwell Point...... 17

8. Reports

Finance Corporate & Community Services

SA19.172.... Sanctuary Point Skatepark Minor Upgrade.................................................. 19

SA19.173.... Acceptance Grant Funding - NSW State Funding - $4,000,000 Stage 1 Berry Rotary Nature Play - Boongaree.............................................................................. 24

Assets & Works

SA19.174.... St Georges Basin - Siltation - Silt Trap Screening....................................... 28

SA19.175.... Millards Creek and Ulladulla Harbour - Gross Pollutant Traps and Water Quality Feasibility...................................................................................................... 33

SA19.176.... Ulladulla Boat Launching Ramp – Urgent Maintenance Funding................ 37

SA19.177.... Lake Conjola Boating Infrastructure Improvements..................................... 39

SA19.178.... Falls Road Falls Creek – Bicycle Access..................................................... 46

SA19.179.... Local Government Road Safety Program 2019/2020 - Approved Projects - Thank RMS for Funding Assistance........................................................................ 55

SA19.180.... Use of Recycled Materials in Road Construction and Maintenance........... 57

SA19.181.... Hyams Beach - Seamans Beach Carpark - Illegal Camping and Noise Complaints...................................................................................................................... 60

SA19.182.... Far North Collector Road Network - upgrade of
Taylors Lane, Cambewarra.......................................................................... 79

SA19.183.... Classification of Land - Lot 86 DP 29970 - Unnamed Road Nowra Hill...... 89

SA19.184.... Classification of Land - Lot 21 DP 2886 Sec 25 - 48 Coomea St Bomaderry 92

SA19.185.... Lake Conjola - Former landfill - Investigation Results................................. 95

SA19.186.... Tree Planting Mark Radium Park Berry....................................................... 98

SA19.187.... Tenders - Waste Depot Recycling Services.............................................. 100

SA19.188.... Proposed Purchase of Vacant Land, Sanctuary Point.............................. 102

Planning Environment & Development

SA19.189.... Vegetation Management in Coastal Dunes............................................... 104

SA19.190.... Independent Pricing & Regulatory Tribunal (IPART) - Compliance & Enforcement.................................................................................................................... 110

SA19.191.... Readoption of Council's Policy for the Waiving of Development Application Fees and Other Fees.................................................................................................. 133

SA19.192.... NoM - Update - Penguin Head Viewing Platforms - Pathway Maintenance and Upgrade...................................................................................................... 136

SA19.193.... Affordable Housing Project - Council Land, Coomea Street, Bomaderry - Options to Realise........................................................................................................ 139

Shoalhaven Water

SA19.194.... Acquisition of Easement for Water Supply - Commonwealth land at Nowra Hill 141

SA19.195.... Energy Management and Sustainability Initiatives Update....................... 144

Councillor Conference Report

SA19.196.... National Sports Convention........................................................................ 150

9. Confidential Reports

Reports

CSA19.16.... Tenders – Confidential Report - Waste Depot Recycling Services

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

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to

CSA19.17.... Proposed Purchase of Vacant Land - Sanctuary Point

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

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

CSA19.18.... Affordable Housing Project - Council Land, Coomea Street, Bomaderry - Options to Realise

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

Local Government Act - Section 10A(2)(e) - Information that would, if disclosed, prejudice the maintenance of law.

Minutes of the Strategy and Assets Committee

Meeting Date: Tuesday, 8 October 2019

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

Time: 5.00pm

The following members were present:

Clr John Wells - Chairperson

Clr Joanna Gash

Clr Amanda Findley

Clr Patricia White

Clr Nina Digiglio

Clr Annette Alldrick

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot

Mr Stephen Dunshea - Chief Executive Officer

Apologies / Leave of Absence

Apologies were received from Clr Guile, Clr Levett and Clr Gartner.

Confirmation of the Minutes

RESOLVED (Clr Gash / Clr White) MIN19.728

That the Minutes of the Strategy and Assets Committee held on Tuesday 10 September 2019 be confirmed.

CARRIED

Declarations of Interest

Nil

Call Over of the Business Paper

The following items were called up for debate:

SA19.149, SA19.150, SA19.151, SA19.155, SA19.156, SA19.157, SA19.158, SA19.162, SA19.164, SA19.165, SA19.168

The remaining items were resolved en bloc (Clr White / Clr Pakes) at this time. They are marked with an asterisk (*) in these Minutes.

Mayoral Minutes

Nil

Deputations and Presentations

Nil

Reports

SA19.149 Aboriginal Tourism Promotion Focus

HPERM Ref: D19/199547

Recommendation (Item to be determined under delegated authority)

That Council:

1. Accept the report for information.

2. Support the report being forwarded to the Aboriginal Advisory Committee for information.

3. Note that future actions will be included in Council’s annual Delivery Program and Operational Plan that will aim to help our local Aboriginal communities by supporting tourism business growth opportunities and their ongoing promotion.

RESOLVED (Clr Proudfoot / Clr Findley) MIN19.729

That Council:

1. Accept the report for information.

2. Support the report being forwarded to the Aboriginal Advisory Committee for information.

CARRIED

SA19.150 Tenders - Legal Services Panel

HPERM Ref: D19/317096

Recommendation (Item to be determined under delegated authority)

That the Strategy and Assets Committee consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

RESOLVED (Clr Pakes / Clr Findley) MIN19.730

That the Strategy and Assets Committee consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

CARRIED

SA19.151 Draft Community Participation Plan

HPERM Ref: D19/334330

Recommendation (Item to be determined under delegated authority)

That Council:

1. Make necessary changes to the working draft Community Participation Plan (CPP) prior to exhibition in accordance with feedback received from key stakeholders

2. Once changes have been made proceed to exhibit the draft CPP for a period of 28 days, as soon as possible, following finalisation of feedback in order to meet the 1 December 2019 timeframe.

3. Report the outcome of the exhibition and the final CPP to Council for adoption at the November 2019 Ordinary Meeting

4. Consult with the community in accordance with the Community Engagement Plan detailed within the report.

RESOLVED (Clr Proudfoot / Clr Findley) MIN19.731

That Council:

1. Make necessary changes to the working draft Community Participation Plan (CPP) prior to exhibition in accordance with feedback received from key stakeholders

2. Once changes have been made proceed to exhibit the draft CPP for a period of 28 days, as soon as possible, following finalisation of feedback in order to meet the 1 December 2019 timeframe.

3. Report the outcome of the exhibition and the final CPP to Council for adoption at the November 2019 Ordinary Meeting

4. Consult with the community in accordance with the Community Engagement Plan detailed within the report.

CARRIED

Items marked with an * were resolved ‘en block’.

SA19.152 Delivery Program and Operational Plan Six Monthly Performance Report

HPERM Ref: D19/334335

RESOLVED* (Clr White / Clr Pakes) MIN19.732

That Council:

1. Receive the Six Monthly Performance Report for information

2. Publish the report on Council’s website and communicate the report outcomes to relevant stakeholders.

CARRIED

SA19.153 Infrastructure Australia - Call for Projects

HPERM Ref: D19/338218

RESOLVED* (Clr White / Clr Pakes) MIN19.733

That Council note that the following projects have been nominated to Infrastructure Australia for inclusion in the 2020 Infrastructure Priority List:

1. Rail connectivity – upgrades to line from Moss Vale to Unanderra/Port Kembla to Bomaderry

2. East West road freight corridor from Nowra – Beyond Nerriga upgrade to Tarago & Goulburn

3. Nowra Bomaderry Transport Strategy – To address congestion in and around the Shoalhaven River crossing

CARRIED

SA19.154 Section 355 Management Committees - Annual Report

HPERM Ref: D19/307649

RESOLVED* (Clr White / Clr Pakes) MIN19.734

That:

1. The authorisation to the Chief Executive Officer to appoint members to Management Committees as required be confirmed;

2. The Section 355 Management Committees listed in this report retain their delegated responsibility pursuant to Section 377 – LG Act 1993 for the care, control and management of their facilities with authority to expend up to an amount of $5,000, consistent with the delegation;

3. The following Management Committees be acknowledged to have dissolved and the facilities to have transitioned to occupancy agreements as per Council Resolution MIN16.706:

a. Nowra Communal Youth Hall

b. Jervis Bay Maritime Museum

c. Ahimsa Sailing Club

d. Vincentia Sailing Club

CARRIED

SA19.155 Relocation of Skate Park - Bay and Basin Community Hub

HPERM Ref: D19/309824

Recommendation (Item to be determined under delegated authority)

That Council:

1. Adopt the new location of the Regional Skate Park in the Bay and Basin Community Hub precinct.

2. Use the current budget allocation, which is for the delivery of a fully completed skate park facility, to engage a consultant to prepare a detailed design for the construction of the Bay and Basin Skate Park that reflects the new location.

3. Report back to Council with the detail design.

RESOLVED (Clr Proudfoot / Clr Findley) MIN19.735

That Council:

1. Adopt the new location of the Regional Skate Park in the Bay and Basin Community Hub precinct, subject to geotechnical investigations be undertaken and reported back to Council.

3. Report back to Council with the detailed design.

CARRIED

SA19.156 Investment Report - August 2019

HPERM Ref: D19/328130

Recommendation

That the report of the Chief Executive Officer (Finance, Corporate & Community Services Group) on the Record of Investments for the period to 31 August 2019 be received for information.

RECOMMENDATION (Clr Gash / Clr Proudfoot)

That the report of the Chief Executive Officer (Finance, Corporate & Community Services Group) on the Record of Investments for the period to 31 August 2019 be received for information.

CARRIED

SA19.157 Proposed Lease - Milton Ulladulla Family History Society - Ulladulla Civic Centre

HPERM Ref: D19/167775

Recommendation

That Council:

1. Enter into a two (2) year lease agreement with Milton Ulladulla Family History Society Incorporated for occupation of a room on the lower floor of the Ulladulla Civic Centre at a commencement rent of $501.00 per annum plus GST (Statutory Minimum) with annual CPI increases.

2. Six months prior to the lease expiring the CEO (Director Assets and Works) advertise the estimated market value for the rental of the space and call for expressions of interest from entities interested in leasing the space.

3. Authorise the Chief Executive Officer 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 where required to give effect to this resolution.

RECOMMENDATION (Clr White / Clr Findley)

That Council:

1. Enter into a five (5) year lease agreement with Milton Ulladulla Family History Society Incorporated for occupation of a room at the Ulladulla Civic Centre at a commencement rent of $501.00 per annum plus GST (Statutory Minimum) with annual CPI increases.

2. Authorise the Chief Executive Officer 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 where required to give effect to this resolution.

CARRIED

SA19.158 Proposed Acquisition of Land - Moss Vale Road South Urban Release Area

HPERM Ref: D19/285827

Recommendation

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

RESOLVED (Clr White / Clr Digiglio) MIN19.736

CARRIED

SA19.159 Proposed Lease - 2 Moss Street Nowra

HPERM Ref: D19/293874

RECOMMENDATION* (Clr White / Clr Pakes)

That Council;

1. Accept the surrender of lease agreements dated 1 December 2019 to 30 November 2024 and 1 December 2024 to 30 November 2026 with Philip Pulford for the use and occupation of part Lot 1 DP 334547, Lot B DP 335109 & part Lot A DP 335109 known as 2 Moss Street Nowra;

2. Enter into two consecutive lease agreements with Mr Philip Pulford and Ms Rebecca Jane Low for a five (5) year lease agreement, followed by a two (2) year lease agreement consistent with current lease terms including market rent determined within 3 months from the commencement date of 1 December 2019, plus GST with annual CPI increases, noting that the lease agreement will set out a process for acquisition and demolition at the site in response to road widening needs in the future;

CARRIED

SA19.160 Proposed Lease - 81 Osborne Street, Nowra - Lot 4 Sec 12 DP758794 - Jumbunna Children's Centre Limited

HPERM Ref: D19/302386

RECOMMENDATION* (Clr White / Clr Pakes)

That Council resolve to:

1. Enter into a five (5) year lease agreement over Part Lot 4 Sec 12 DP758794, 81 Osborne Street, Nowra with Jumbunna Children’s Centre Limited at an incremental commencement rent of:

(a) Year 1: $498.00 (exc GST, payable by the tenant)

(b) Year 2: $2,762.14 (exc GST, payable by the tenant)

(d) Year 4: $7,290.41 (exc GST, payable by the tenant)

(e) Year 5: $9,554.55 (exc GST, payable by the tenant)

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

CARRIED

SA19.161 Proposed Disposal of Vacant Land, St Georges Basin

HPERM Ref: D19/323380

RESOLVED* (Clr White / Clr Pakes) MIN19.737

That Council in accordance with Section 10(a)(2)(c) of the Local Government Act 1993 consider a separate confidential report on the disposal of Council’s vacant land in St Georges Basin.

CARRIED

SA19.162 Land Acquisition Matters - Yalwal & Buangla Localities

HPERM Ref: D19/323840

Recommendation

That Council, in accordance with Section 10A(2)(c) of the Local Government Act 1993, consider a separate confidential report in relation to property disposal and acquisition matters within Yalwal & Buangla localities.

RESOLVED (Clr White / Clr Digiglio) MIN19.738

CARRIED

SA19.163 Land Acquisition - Easement for Drainage Lot 103 DP 1161925 Burralee Drive Worrigee

HPERM Ref: D19/325857

RECOMMENDATION* (Clr White / Clr Pakes)

That Council

1. Acquire an easement to drain water 5m wide and variable width over part of Lot 103 DP 1161925, 9 Burralee Drive Worrigee, being approximately 92 metres in length parallel to and adjoining the eastern boundary of Lot 103.

2. Agree to pay compensation in the amount of $12,000 plus reasonable legal costs associated with this acquisition from Job No 75503.

3. Authorise the Common Seal of the Council of the City of Shoalhaven be affixed to any documentation required to be sealed and delegate to the Chief Executive Officer authority to sign any documentation necessary to give effect to this resolution.

CARRIED

SA19.164 Tenders - Bitumen Spray Sealing of Pavements

HPERM Ref: D19/326207

Recommendation (Item to be determined under delegated authority)

That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

RESOLVED (Clr Pakes / Clr Findley) MIN19.739

That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

CARRIED

SA19.165 Independent Pricing & Regulatory Tribunal (IPART) - Compliance Burdens on Local Government

HPERM Ref: D19/333659

Recommendation (Item to be determined under delegated authority)

That Council approve the provision of the suggested feedback on the recommendations made by IPART as presented in Attachment 1 of this report.

RESOLVED (Clr Proudfoot / Clr White) MIN19.740

That Council approve the provision of the suggested feedback on the recommendations made by IPART as presented in Attachment 1 of this report.

CARRIED

SA19.166 Acquisition of Crown land - Lot 7 DP1242949 - Kings Point Drive Ulladulla

HPERM Ref: D19/316485

RECOMMENDATION* (Clr White / Clr Pakes)

That Council:

1. Rescind MIN17.146.

2. Compulsorily acquire Lot 7 DP1242949 at Kings Point Drive Ulladulla from the Crown, as shown on the attached copy of that deposited plan.

3. Pay compensation and costs associated with the acquisition in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer fund.

4. Make the necessary application to the Minister for Local Government and the Governor. The acquisition is to be carried out under the Local Government Act 1993 and also in accordance with requirements of the Native Title Act 1993.

5. Authorise the Common Seal of the Council of the City of Shoalhaven be affixed to any documentation required to be sealed and delegate to the Chief Executive Officer authority to sign any documentation necessary to give effect to this resolution.

6. Classify the land as ‘Operational’ in accordance with Section 31(2) of the Local Government Act 1993

CARRIED

SA19.167 Acquisition of easement - Porters Creek Dam infrastructure

HPERM Ref: D19/317459

RECOMMENDATION* (Clr White / Clr Pakes)

That:

1. Council acquire an Easement for Porters Creek Dam Infrastructure over Morton National Park from National Parks and Wildlife Service, Office of the Environment and Heritage. The easement is marked (E) and highlighted on the attached copy of Sheets 1 & 2 of DP1250724,

2. Council pay compensation of $9,000 plus GST and reasonable costs associated with the acquisition in accordance with the provision of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Water Fund.

3. The acquisition is to be carried out under the Local Government Act 1993, and also in accordance with requirements of the Native Title Act 1993.

4. Council authorise the Common Seal of the Council of the City of Shoalhaven be affixed to any documentation required to be sealed and delegate to the Chief Executive Officer authority to sign any documentation necessary to give effect to this resolution.

CARRIED

SA19.168 St Andrews Way/Berry's Bay & Woollamia - Pressure Sewer Schemes Tender Report

HPERM Ref: D19/330484

Recommendation (Item to be determined under delegated authority)

That Council consider a separate confidential report in accordance with Section 10A(2) (d) (i) of the Local Government Act 1993.

RESOLVED (Clr Watson / Clr Pakes) MIN19.741

That Council consider a separate confidential report in accordance with Section 10A(2) (d) (i) of the Local Government Act 1993.

CARRIED

Confidential Reports

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

No members of the public made representations.

RESOLVED (Clr Pakes / Clr Digiglio) MIN19.742

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

CSA19.10 Tenders – Legal Services Panel

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

CSA19.11 Tenders – Bitumen Spay Sealing of Pavements - 2019 - 2020

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

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to undermine competitive neutrality in connection with any functions of an agency in respect of which it competes with any person or otherwise place an agency at a competitive advantage or disadvantage in any market.

CSA19.12 Proposed Acquisition of Land - Moss Vale Road South Urban Release Area

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

CSA19.13 Proposed Land Acquisition Matters - Yalwal & Buangla Localities

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

CSA19.14 Proposed Disposal of Vacant Land, St Georges Basin

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

CSA19.15 St Andrews Way/Berry's Bay and Woollamia Pressure Sewer Schemes Tender Report

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

CARRIED

The meeting moved into confidential the time being 5.46pm.

The meeting moved into open session, the time being 5.52pm.

Procedural Motion - Matters of Urgency

RESOLVED (Clr Proudfoot / Clr Pakes) MIN19.746

That an additional item in relation to DA19/1852 – 43 Tahnee Street Sanctuary Point be introduced as a matter of urgency.

CARRIED

The Chairperson ruled the matter as urgent as due to the large number of concerned citizens

SA19.169 Additional Item - Call in Development Application - DA19/1852 - 43 Tahnee Street, Sanctuary Point

RESOLVED (Clr Proudfoot / Clr Pakes) MIN19.747

That DA19/1852 – 43 Tahnee Street, Sanctuary Point – Lot 47 DP 1243551 – Multi Dwelling Application x7 be called in to Council for determination due to the significant public interest..

CARRIED

Procedural Motion - Matters of Urgency

RESOLVED (Clr White / Clr Pakes) MIN19.748

That an additional item in relation to DA19/1857 – 52 Parker Crescent, Berry be introduced as a matter of urgency.

CARRIED

The Chairperson ruled the matter as urgent due to the public interest.

SA19.170 Additional Item - Call in Development Application - DA19/1857 - 52 Parker Crescent, Berry

RESOLVED (Clr White / Clr Pakes) MIN19.749

That DA19/1857 – 52 Parker Crescent, Berry be called in to Council for determination due to the significant public interest.

CARRIED

Report from confidential session

The following resolutions of the meeting, whilst closed to the public, were made public.

CSA19.10 Tenders – Legal Services Panel

HPERM Ref: D19/317169

RESOLVED MIN19.743C

That the resolution remain confidential in accordance with Section 10(A)(2)(d)(i) of the Local Government Act until the recommendations of the Tender Evaluation Committee have been considered and, if necessary, resolved by Kiama Municipal Council and Shellharbour City Council and ISJO has advised Tenderers of the outcome.

CARRIED

CSA19.11 Tenders – Bitumen Spay Sealing of Pavements - 2019 - 2020

HPERM Ref: D19/325921

RESOLVED MIN19.744C

That

1. Council (Strategy & Assets Committee) endorse the Tender Panel’s recommendation and accept the Tender from Colas NSW to be the primary contractor for Bitumen Spray Sealing of Pavements throughout the Shoalhaven City Council Region, noting that the tender allows Council staff to use innovative solutions (including the incorporation of recycled materials into the seal design) where the site conditions and project budget allow.

2. Enter into contracts with Rural Bitumen Services, Downer EDI Works, State Asphalt Services, Patches Asphalt and Anthony T Lindsay as Secondary Contractors to undertake works where Colas NSW are unable to deliver a portion of works in accordance with the provisions of their contract.

3. Secondary contractor engagement is determined as per best value per separable portion and where the portion of works is within their resource capacity.

4. The contract documents and any other associated documents be executed on behalf of the Council in accordance with cl165 of the Local Government Regulation by the Group Director – Assets & Works.

CARRIED

CSA19.15 St Andrews Way/Berry's Bay and Woollamia Pressure Sewer Schemes Tender Report

HPERM Ref: D19/313642

RESOLVED MIN19.745C

That

1. Council’s Strategy & Assets Committee accept the Tender from Ledonne Constructions P/L for St Andrews Way/Berry’s Bay & Woollamia – Pressure Sewer Schemes at a total cost of $3,834,222.73 (excluding GST).

2. The contract documents and any other associated documents be executed on behalf of the Council in accordance with cl165 of the Local Government Regulation by the Acting Group Director Shoalhaven Water.

3. The recommendation remains Confidential in accordance with Section 10(A)(2)(d)(i) of the Local Government Act until Tenders are determined by Council’s Strategy & Assets Committee.

4. Authorise the Chief Executive Officer (Shoalhaven Water) to adjust the contract for variations for components under the contract.

CARRIED

There being no further business, the meeting concluded, the time being 5.56pm.

Clr Wells

CHAIRPERSON

Strategy and Assets Committee – Tuesday 12 November 2019

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MMS19.4 Mayoral Minute - Plan to Save-our-Recycling

HPERM Ref: D19/378240

Recommendation (Item to be determined under delegated authority)

That Council support the Save Our Recycling campaign, which is being coordinated on behalf of the sector by LGNSW.

1. Shoalhaven City Council has and will continue to advocate for faster change in the waste and recycling sector. The growing imperative to manage waste and recycling within NSW needs urgent action from the State Government to assist in building a circular economy.

2. That Council recognises initiatives and projects taken within the Shoalhaven local government area to help achieve this goal for example our Home Sustainability Program, supporting Take3Forthe Sea, and more recently our adoption of a recycled content procurement policy.

3. That Council endorses Local Government NSW’s sector wide Save our Recycling campaign, and asks the State Government to reinvest the Waste Levy in:

a. Funding councils to collaboratively develop regional-scale plans for the future of waste and recycling in their regions.

b. The delivery of the priority infrastructure and other local government projects needed to deliver regional-scale plans, particularly where a market failure has been identified

c. Support for the purchase of recycled content by all levels of government, to help create new markets

d. Funding and delivery of a state-wide education campaign on the importance of recycling, including the right way to recycle, the purchase of products with recycled content and the importance of waste avoidance

4. That Council write to the local State Members The Hon. Shelley Hancock MP and The Hon. Gareth Ward MP, the Minister for Energy and Environment The Hon. Matthew Kean MP, NSW Treasurer The Hon. Dominic Perrottet MP, Premier The Hon Gladys Berejiklian MP, Opposition Leader Jodi McKay MP, Shadow Minister for Environment and Heritage Kate Washington MP and Shadow Minister for Local Government Greg Warren MP to confirm their support for recycling and outline the urgent need to educate, innovate and invest in local waste and recycling services via the Waste Levy.

5. That Council formally write to its own Youth Advisory Committee advising its members of its support for the Save Our Recycling campaign and asking them to consider endorsing and sharing it with their own networks across the Shoalhaven local government area.

6. That Council advise LGNSW President Linda Scott of the passage of this Mayoral Minute

7. That Council shares and promotes the Save Our Recycling campaign via its digital and social media channels and via its networks.

Details

Councillors who attended the recent Local Government NSW conference would be well aware that the Save Our Recycling Campaign was a point of focus for the conference. Similarly, the National General Assembly had a waste and recycling focus at its National Conference. We can see that all around Australia people are concerned with the ongoing impacts from the lack of focus locally in dealing with our waste and recycling in an effective and circular economy. I am calling on Councillors to continue to commit to the local government sector’s Save Our Recycling campaign as outlined in the Local Government NSW report At the Crossroads: The State of Waste and Recycling in NSW.

The NSW Government collects revenue from a Waste Levy via licensed waste facilities in NSW to discourage the amount of waste being landfilled and to promote recycling and resource recovery. According to the latest NSW Budget papers, this totalled $772 million in 2018/19.

Council paid $9,317,331 via the Waste Levy in the 2018/19 financial year and received $449,245 in contestable and non-contestable funding to assist with waste management and recycling infrastructure, programs and education. In the last 5 financial years (2014/15 to 2018/19) Council paid $48,095,353 via the Waste Levy. Over the same period Council received $1,741,468 in contestable / non-contestable funding to assist with waste management and recycling infrastructure, programs and education.

Revenue from the Waste Levy is expected to increase by about 70 percent from 2012/13 to 2022/23. By the end of this period the Waste Levy revenue is forecast to have increased to more than $800 million a year: $100 for every woman, man and child in NSW. Yet, only a small portion –less than one fifth – of this revenue is invested back into waste and recycling programs.

The NSW Government promised a major education campaign to help support kerbside recycling in 2015. However, this has not been delivered. A Waste Infrastructure Plan and a new Waste Strategy are also overdue.

The Government is also likely to miss key targets in its existing Waste Avoidance and Resource Recovery Strategy 2014-21. Its latest 2017/18 Progress Report shows that in NSW:

· household recycling rates are decreasing

· less waste per person is being diverted from landfill

· the amount of waste being generated is expected to grow by 36 percent by 2036 – well above population growth.

Recent decisions by China and other countries to put in place measures to stop the importation of plastic and paper recycling from countries like Australia are also making it more challenging to find markets for recycled products.

This combination of a lack of funding, planning and action has left our state-wide waste and recycling systems in a crisis.

Local councils in NSW are calling on the NSW Government to reverse this downward slide: to invest the money it collects from the Waste Levy to help fix our state’s ailing waste and recycling, and help build a circular economy in NSW.

Local Government’s Save our Recycling campaign outlines ways the State Government can work with us to properly develop, fund and deliver the waste and recycling systems our communities deserve.

It is a blueprint for the NSW Government to invest the money it collects from the Waste Levy to help fix our ailing recycling services and build a circular economy in NSW.

The campaign focuses on the following key areas for NSW Government action:

· Education: Fund a large-scale, state-wide education campaign to support recycling and markets for recycled products in NSW. The NSW Government must fund and work with councils to activate this campaign; community by community.

· Innovation: Greater use of more recycled content by all tiers of government to help create scale, and then new markets, jobs and investment will follow.

· Investment: Reinvest the Waste Levy in council-led regional waste-and-recycling plans and fund councils to deliver the infrastructure and services our cities and regions need.

In 2018, delegates at the LGNSW 2018 Conference unanimously voted to call on the NSW Government to reinvest the Waste Levy in recycling and waste infrastructure and programs.

The 2019 Conference further supported this approach, outlining specific solutions to the waste and recycling crisis which could be delivered in partnership with local government. These steps are outlined in the wording of this Mayoral Minute, and include:

· Funded regional waste plans for the future of waste and resource recovery developed by councils for their regions.

· Funding for and delivery of the priority infrastructure and other local government projects necessary to deliver these regional-scale plans, particularly where market failure has been identified.

· Increased local and state government procurement of recycled goods made with domestic content, eg:

o recycled content targets to help drive demand and provide incentives to deliver on these targets.

o funded research, development and delivery of recycling technologies and products generated from recyclables, particularly by local or regional councils.

Strategy and Assets Committee – Tuesday 12 November 2019

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SA19.172 Sanctuary Point Skatepark Minor Upgrade

HPERM Ref: D19/346776

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Attachments: 1. Statistics from Community Member ⇩

Purpose / Summary

To report to Council regarding a Notice of Motion MIN19.504 which requested Council staff to “prepare a report on a minor upgrade of the Sanctuary Point Skatepark”, and which advised that “the audience for the potential improvements would ideally be the younger users of say around the under twelves.”

Recommendation (Item to be determined under delegated authority)

That Council:

1. Receive and note the contents of the report for information.

2. Approve the use of the NSW Crime Prevention Grant monies up to $50,000 to do additional works as described at Sanctuary Point Skatepark

3. Continue to prepare grant funding application to source monies to contribute to this project.

Options

1. Receive and note the contents of the report for information only

Approve the use of the NSW Crime Prevention Grant monies up to $50,000 to do additional works as described at Sanctuary Point Skatepark

Implications: The report outlines both budgeted and funding opportunities which will ensure that the Sanctuary Point Skatepark can undergo, at the least, a minor upgrade which will better address the needs of younger skaters and their carers/families.

Council staff have already established a good working relationship with representatives of the Sanctuary Point Community Pride to undertake minor repairs at the skatepark. The additional funding which may become available if either of the Grant applications is successful, and accessing the funds from the NSW Crime Prevention Grant, will enhance Council’s ability to deliver a significant number of the new improvements sought by the community. This will satisfy the needs of the community and Council MIN19.504 in relation to the needs of younger skaters and their carers/families.

2. Council does not accept the recommendation and seek an alternate report

Implications: Not proceeding as recommended will delay addressing the needs of younger skaters and their carers/families at the Sanctuary Point Skatepark and is therefore likely not to satisfy the Sanctuary Point community and not address Council MIN19.504.

Background

At Council’s Ordinary meeting of 30 July 2019 MIN19.504 was resolved:

That Council staff prepare a report on a “minor up-grade" of the Sanctuary Point Skatepark. The target audience for the potential improvements would ideally be the younger users of say around the under twelves.

Prior to the July minute of Council, Community and Recreation Unit was approached by a community member from Sanctuary Point Community Pride – representing the local skating youth – with requests to upgrade the main skating area of the Sanctuary Point Skatepark.

At that time, the requests were for:

· Works to stop soil being washed down and deposited on the lower skate surface in heavy rain

· Repair of a broken light on the pathway adjacent to the skate park

· Additions to the features of the skating area and

· Closure of the gates at Francis Ryan Oval.

In response to this initial request (i.e. prior to the issues raised in the Notice of Motion) for repairs and upgrades to the skate park, staff secured a quotation to contain and divert the soil deposits and drainage away from the lower Skatepark surface (including concrete blade wall). The cost estimate for this work was $15,000. These works are committed and scheduled to proceed prior to end of the financial year irrespective of current grant funding applications.

Council has completed pathway lighting repairs and associated tree trimming to allow for more light to reach the public pathway beside the skatepark and improve passive surveillance.

The request regarding the gates was to have some of them closed. However, Council consulted with users of Francis Ryan Oval, internal parks staff and the local Police and it was determined at this time to keep the gates open. Council will continue to monitor this.

In relation to the request which is the subject of the Notice of Motion, the community member has provided Council with detailed statistics (see Attachment A), which substantiate that the number of local area skaters twelve years of age or younger will at least remain at current levels for the foreseeable future.

The skatepark is situated immediately adjacent to an entry to the Sanctuary Point Public School and of the total number of students at the school, almost 60% are in the age group eight to twelve. Not only do a high proportion of these students ride bikes, scooters or skateboards to school, but each term the school offers the students daily lunchtime supervised health and recreation time at the skate park for those who provide their own skateboards/scooters and helmets. There can be twenty five or more children at these sessions on any given day. In addition, the school offers skateboarding as a leisure sport one day a week for a two hour period for up to fifty children. These sessions are fully booked, and due to the high participation rates, the basketball court surface is also needed at these times.

To address the Notice of Motion, staff have recently been in further consultation with community members. Council has submitted two grant applications to:

· NSW Stronger Country Communities Fund (State) and

· NSW Community Building Partnerships program (State)

Each application is for $43,639 with Council providing funding of $10,000 from existing budgets.

The range of facilities/upgrades requested for Sanctuary Point Skatepark in both funding applications was:

· Soil diversion/concrete buffer and associated drainage works (committed to by Council prior to the Notice of Motion)

· Two new concrete seats and associated picnic shelter

· Resurfacing of the basketball court (512 sq m) for younger kids to develop skating skills and

· New basketball backboard and hoop

The funding applications did not include a water bubbler, picnic area or barbecue (components of the request from the community member) at this time, as maintenance of such items – as evidenced by the ongoing damage sustained by the pathway lights – indicates that for the moment at least, the cost to benefit may not be positive. It is suggested that consideration of additional facilities of this type should be deferred until the items requested in the funding applications have been in place and that Council and the community work to activate the space, consult with the community and minimise antisocial behaviour.

In relation to the issue of providing minor upgrades at the skatepark to cater for the younger skaters, it should be noted that the existing Sanctuary Point Skatepark facilities include a steel table tennis table, which was identified and installed when the Skatepark extensions were undertaken in 2015. The table is in good, usable condition but currently under-used. It is considered that if there were more parents/carers at the site with younger Skatepark users, it may have greater use and provide benefit to the users of the park.

Safety Audit/Crime Risk Assessment

Shoalhaven City Council received grant funding for ‘Safer by Design’ training through the Department of Justice in line with Council Crime Prevention Plan. This funding provided training and Crime Risk Assessment at several sites in the Shoalhaven, the Sanctuary Point Skatepark was one of these sites. The funding also allowed for some crime prevention through environmental design modifications, which would be beneficial for some works at Sanctuary Point Skatepark. The findings of the assessment which are relevant to this Minor Upgrade request include:

· Under-use by families and children – which the assessment suggested was because of a perception that the skatepark was unsafe for that demographic. This observation is supported.

The assessment identified the lack of visibility of the skatepark as a contributing factor and recommended the installation of CCTV along the access pathway and at the skatepark, as well as appropriate signage and clearing of trees to allow improved passive surveillance from Centaur Avenue. It is considered that CCTV at the skatepark may be appropriate, but only if increased passive surveillance, more effective lighting of the adjacent pathway and improved signage does not lead to improved feelings of safety – and increased usage - from the community.

· Repair of fencing – this is not considered a priority as it is possible that improvements to exposure of the site to outside surveillance and improved lighting and signage, may lead to more pedestrians feeling safe to use the pathway accessing Centaur Avenue from the Sanctuary Point shops.

The Crime Risk Assessment aligns with the minor upgrades recommended in this report:

· Tree/shrub clearance

· Signage upgrades

· Soil diversion/concrete buffer and associated drainage works

· Two new concrete seats and associated picnic shelter;

· Resurfacing of the basketball court (512 sq m) for younger kids to develop skating skills and

· New basketball backboard and hoop

It is proposed to utilise the remainder of the grant funding monies of approximately $50,000 to undertake these works at the Sanctuary Point Skatepark.

Council will proceed to consult with the community regarding the proposed upgrades, get quotations and necessary approvals for signage, vegetation clearing in the first instance.

Community Engagement

Council staff have been in discussion with Sanctuary Point Community Pride in relation to the issue of the need for skatepark upgrades since 17 May 2019. Staff and the community / CCB have a positive relationship and collectively are committed to working together to deliver the upgrades and improvements.

Financial Implications

In support of its Grant applications, Council has committed $10,000 matching funding from existing budgets. Utilisation of the funding from the Crime Prevention grant will contribute towards undertaking this work.

Strategy and Assets Committee – Tuesday 12 November 2019

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SA19.173 Acceptance Grant Funding - NSW State Funding - $4,000,000 Stage 1 Berry Rotary Nature Play - Boongaree

HPERM Ref: D19/351678

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Purpose / Summary

To seek Council approval to accept NSW State Government, Department of Planning, Industry and Environment funding of $4,000,000 for Stage 1, of the Project (Berry Rotary Nature Play) and to delegate authority to the CEO or nominee to negotiate the Memorandum of Understanding (MoU) with Berry Rotary, and The Deed of Agreement with the NSW State Government and Berry Rotary to accept and acquit the grant funding.

Recommendation (Item to be determined under delegated authority)

That Council

1. Accept the State Government grant funding offer of $4,000,000 for the delivery of Stage 1 of the Project (Berry Rotary Nature Play)

2. Delegate authority to the CEO or nominee, to negotiate the Memorandum of Understanding (MoU) with Berry Rotary, and The Deed of Agreement with the NSW State Government and Berry Rotary to accept and acquit the grant funding

3. Write to the State Government Minister for Planning, The Hon. Rob Stokes and the
Minister for Families, Communities and Disability Services, The Hon. Gareth Ward to thank them for the grant offer

Options

1. Accept the State Government grant funding offer of $4,000,000 for the delivery of Stage 1 of the Project (Berry Rotary Nature Play).

Delegate authority to the CEO or nominee, to negotiate the Memorandum of Understanding (MoU) with Berry Rotary, and The Deed of Agreement with the NSW State Government and Berry Rotary to accept and acquit the grant funding.

Implications: Adoption of the recommendation will enable staff to negotiate and finalise the MoU and funding agreement resulting in the ability to deliver this important component of the overall Boongaree, Berry project. This will meet the expectations of Berry Rotary and the Berry Community.

2. Council reject the recommendation and not accept the grant monies.

Implications: Not accepting the recommendation would result in Council not receiving the grant funding and consequently be unable to deliver Stage 1 of the Boongaree, Berry project. This will not meet the expectations of Berry Rotary.

Background

Council have been notified that Berry Rotary were successful in $4 Million grant funding for delivery of Stage 1 of Boongaree (Berry Rotary Nature Play) and have been informed of the need to enter into a Deed of Agreement with the State Government. This Deed of Agreement will be undertaken as a tripartite agreement with State Government, Berry Rotary and Shoalhaven City Council. Council has worked closely with Berry Rotary in the design process for Stage 1 (Berry Rotary Nature Play) of the park.

For Council and Rotary to accept this money, Council will initially negotiate with Berry Rotary a Memorandum of Understanding outlining the role and responsibility of both parties through the delivery, acceptance and acquittal of these funds. Currently Rotary have questions over contributing to the cost of the parking with the $4 million grant funding they have secured. The ‘parking’ is related to the delivery of car parking to the learn to ride facility, and on the south side of Stage 1. Council does not have an allocation of funds to deliver this aspect, nor a formalised Quantity Survey (true costings) on the parking works and hence the budget required to construct these. Once this is completed there may be funds in existing budgets to accommodate the parking.

Council staff will continue to negotiate with Rotary and / or seek to source funding to ensure this project is delivered. Securing funding for the parking is essential for this park to be delivered and without funding to deliver these aspects this the project, and all the grant is at risk as they are integral to the overall park infrastructure for this stage.

Once the MoU is agreed, Council and Rotary will then negotiate with the State Government regarding the Deed of Agreement for the grant monies and setting project and payment milestones. Council is working towards having the Memorandum of Understanding finalised and to have the Deed of Agreement completed by the end of November.

Council has already been successful in two grant applications which are providing additional funding for the delivery of some aspects of the Berry Rotary Nature Play:

· Building Better Regions Fund (Federal)

· Everyone Can Play (State)

The table 1 below outlines the funding sources, including a contribution from Berry Rotary as a result of their fundraising efforts, in addition to the $4 million grant funding, and what will be delivered in the park for stage 1.

Project Stage

Items

Funding Source

Stronger Country Communities Grant $4m

(Rotary Election Promise)

BBR Funding

$478K

(SCC Grant Application)

Everyone Can Play $400K

(SCC Grant Application)

SCC $562K

(SCC Matching Funds)

Berry Rotary

$116K

(Rotary Fund-raising)

Stage 1a: Childhood and Nature Play

-Sensory play items

-Balance beams

-Two tunnels

-Swing with accessible seat

-Accessible carousel

-Bounce play items

-Accessible sand play table

-Accessible water play table

-Seating

-Landscaping, walkway bridge, signage, lighting and bollards

-Cubby house

-Bamboo forest

-Green space

-Family Picnic BBQ Shelter

-Large climbing apparatus

-Slides x2

-Shade Sails

-Dry Creek Bed with water playground

-Footpaths

-Landscaping

-Enabling services (Water, Sewer, Power, Communications Conduit, Drainage and Irrigation)

-Amenities block (three pans with one lift and change cabinet)

-Parking (Provision of parking is only at the Learn to Ride facility and on the south side of Stage 1).

-Rotary Nature Play Park sign

Stage 1b: Everyone Can Play

-Dual accessible flying fox

-Landscaping

-Footpaths

-Climbing net

-Hamster wheels

-Swing

-Seating

-Landscaping, Lighting, Bollards, Footpaths

Stage 1c: Learn to Ride

-Learn to ride track

-Amenities

-Parking

- Landscaping, Lighting, Bollards, Footpaths

Stage 1c:

Exercise Zone

-Powerbench

-Pullover

-Velis

-Calf Trainer

-Crosstrainer

-Multifunctional Trainer

-Calisthenics Trainer

-Cardio Fitness Bike

- Landscaping, Lighting, Bollards, Footpaths

Table 1 – Stage One – Berry Rotary Nature Play Deliverables.

Community Engagement

Council has undertaken extensive Community consultation during the concept and detail design phases of Boongaree, Berry.

Financial Implications

The available funding will deliver the Stage 1 items identified in Table 1. The allocation of funding for parking is currently the subject of discussion between Council staff and Rotary. Council staff will continue to negotiate with Rotary and / or seek to source funding to ensure this project is delivered.

Strategy and Assets Committee – Tuesday 12 November 2019

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SA19.174 St Georges Basin - Siltation - Silt Trap Screening

HPERM Ref: D18/433429

Group: Assets & Works Group

Section: Works & Services

Attachments: 1. Preliminary estimate for removal of silt plume ⇩

Purpose / Summary`

This report is in response to Council’s resolution at its Ordinary meeting on 13 November 2018 to detail ways of preventing the siltation of St Georges Basin near Collett Place (MIN18.903).

The report will also update Councillors on the enforcement and compliance action of building sites in the area.

Recommendation (Item to be determined under delegated authority)

That Council

1. Note that staff are undertaking the following activities in an effort to adopt best practice soil and water management practices as the most effective way to prevent siltation build up in St. George’s Basin:

a. Carrying out targeted audits of Council owned and managed land within the Collett Place catchment and work with asset managers to ensure compliance with best practice.

b. Actively maintain existing sedimentation retention traps already installed about the Basin area.

c. Being more diligent in the inspections of compliance of sedimentation management systems, of new developments.

2. Note that an achievable plan to remove the silt build-up in St George’s Basin, located near the discharge point of the drain at the bottom of Collett Place, is as follows and this plan will be included in Council’s Draft 10 Year Capital Listing for consideration during its 2020-2021 budget deliberations

a. Excavate the plume to a depth of 300mm using a land-based excavator and trucks

b. Dry the material on site and

c. Dispose of the material at the Huskisson Landfill

d. Estimated cost of $70,000 (exc GST)

3. Note that all development applications for subdivision and building works with the Shoalhaven require a sedimentation and erosion control plan which forms part of the overall approval. Development consents also contain conditions requiring the need to maintain sedimentation and erosion controls until sites are stabilised (e.g. the grassing of bare earth areas). These conditions are enforced by Council’s Certifiers, Compliance Officers and Rangers. Council can also issue directions under the Protection of the Environment Operations Act to have pollution incidents remedied.

Options

1. Continue with existing inspections, monitoring

Implications: Work can be done within operational budget and provide a sustainable environmental response

Council’s Building and Compliance Section will continue to monitor building sites to reduce future pollution incidents.

Asset & Works groups undertake programmed inspections and maintenance of the existing GPT structures.

2. Removal of gravel plume from Collett Place drainage outfall

Implications: Estimated cost of work $70,000. Works will also mean possible high environmental risks. Current funding not available and works will need to be programmed in future years budgets.

Background

Council at its meeting of 13 November 2018 (MIN18.903) resolved that:

1. Council staff prepare a report detailing ways of preventing the siltation and an achievable plan to remove the silt build-up in St George’s Basin, located near the discharge point of the drain at the bottom of Collett Place.

2. Council also report back on the enforcement of compliance of silt trap screening on building sites in the area.

Report

This report deals with both the current siltation of St Georges Basin and the enforcement and compliance action currently undertaken on building sites.

1.0 Siltation of St Georges Basin

This section reports on ways to prevent siltation in the basin (Part A) and an achievable plan to remove the existing silt build up (Part B).

Part A - Ways of Preventing Siltation in St. Georges Basin

The most effective prevention of siltation build up in St. George’s Basin is to implement best practice soil and water management at the source of sediment loads.

The predominant sources of sediment loads are:

i. earthworks or construction work zones,

ii. areas with uncovered bare earth,

iii. stockpile zones for building materials,

iv. clearing or de-vegetated areas near creeks, drains or watercourses; and

v. table drains and road verges.

Sediment loads from well-established existing suburban areas are typically low, however can be high in locations where there are exposed (dirt) table drains and road verges. At Collett Place and other locations below stormwater outlets in St Georges Basin, there are often plumes of gravel which have been washed off roads. Fluctuations in sedimentation levels are dependent on the number of development and construction activities within the catchment area.

In order to prevent build-up of silt in our natural waterways and bodies of water it is recommended to:

1. target sediment and erosion controls at Council managed sites, construction sites and earthwork sites. This targeted approach is the most feasible way to prevent sediment build-ups in the Basin. A targeted audit of Council owned and managed land within the Collett Place catchment will also be undertaken.

2. actively maintain existing sedimentation retention traps already installed about the Basin area. This maintenance includes regular inspection, cleaning and audit.

3. improve the design and compliance of sedimentation management systems, of new developments where siltation is a risk.

Part B - Achievable Plan to Remove the Silt Build-Up at Collett Place

The site has been inspected in detail from the land, in the water and on the water with a small watercraft. The inspection revealed that the accumulation of sediment from the main drainage outlet is not causing a navigation or drainage issue. The accumulation also does not impact on the adjacent swimming/restricted boating.

Seagrass has established itself on the accumulated sediment plume downstream of the main outlet. Removal of sediment will require regulatory approval from NSW DPI (Fisheries) for destruction of aquatic habitat.

1. Undertake detailed Review of Environmental factors including

a. detailed site survey

b. submission of a permit to NSW DPI

c. preparation of REF including any other outstanding approvals

2. Excavate the plume to a depth of 300mm. This to be achieved using excavator and trucks. Material to be disposed to tip. Estimated cost $70,000 based on current hire, transport and disposal costs. (see attached)

2.0 Enforcement and compliance action on building sites

All development applications for subdivision and building works require a sedimentation and erosion control plan which forms part of the overall approval. Development consents also contain conditions requiring the need to maintain sedimentation and erosion controls until sites are stabilised (e.g. the grassing of bare earth areas).

These conditions are enforced by Council’s Certifiers, Compliance Officers and Rangers. Council can also issue directions under the Protection of the Environment Operations Act to have pollution incidents remedied.

There has been an increased number of water pollution incidents from development sites in recent times resulting in further compliance action. For example, several storm events over the 2018/2019 holiday period have resulted in the issue of penalty notices and clean-up notices for failed sediment controls.

With respect to the sedimentation build near Collett Place, St Georges Basin, there was a failure of sedimentation controls on a subdivision in Anson Street in 2016. This was reported to Council’s Compliance Officers where clean-up notices were issued to the owner of the development. This required the owner to reset sediment and erosion controls, clean the silt plume to the street and de-sludge nearby stormwater pits.

Council’s Certifiers, Compliance Officers and Rangers will continue to monitor subdivision and building sites. Where problems are identified, these will be rectified to reduce water pollution incidents.

Financial Implications

Work discussed as part of 1.0 Part A can be achieved within current budget allocations.

Works to remove plume as part of 1.0 Part B can be achieved at an estimated cost to Council of $70,000 and no budget allocation has been made or planned for this work.

Works discussed as part of 2.0 can be achieved within current budget allocations,

Risk Implications

No action risks further environmental damage caused by development inaction.

Removal of the gravel may impact the current environment. The existing plume shows signs of being ‘stable’. In addition, the disturbance caused by the activity inherently introduces risks such as turbidity which will need to be actively managed during any site works.

Strategy and Assets Committee – Tuesday 12 November 2019

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SA19.177 Lake Conjola Boating Infrastructure Improvements

HPERM Ref: D19/299774

Group: Assets & Works Group

Section: Works & Services

Attachments: 1. Ratepayer / Resident Submissions (councillors information folder) ⇨

2. Letter to Lake Conjola Ratepayers - Lake Conjola Boating Improvements ⇩

Purpose / Summary

The purpose of this report is to allow Council to consider the outcome of the August 2019 community consultation process with respect to possible improvements to boat launching facilities at Lake Conjola and thus determine how best to allocate Better Boating Now funding grant offer of $400,000.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Note the outcome of the August 2019 community consultation process and proceed with improvements to the Conjola Lake entrance carpark at an estimated cost of $100,000 (as approved by the RMS and funded from Round 2 of Transport for NSW Boating Now program).

2. Reconfirm Havilland Street West Conjola Master plan (Ref D19/177478) – a ball park cost estimate for this project is approximately $3M – as the preferred location for a new boat launching facility in Lake Conjola and undertake preliminary earthworks, clearing and a preliminary boat ramp to accommodate a single launching to the value of $300,000 in accordance with the Master Plan, and the CEO (Director Assets and Works) identity further stages in Council’s Draft 10 Year Capital List (Council Funds and Grant Funds) for consideration during the 2020-2021 budget deliberations.

Options

Option 1: As recommended

Implications:

a) The cost of the Havilland Street project remains the biggest constraint preventing delivery of this project. RMS have advised that this project will require a substantial financial contribution from Council (i.e. possible more than $500,000) to attract substantial contributory funding from a future NSW government’s boating infrastructure funding program.

b) RMS have advised that the balance of funds cannot be used elsewhere in the Shoalhaven noting that they had previously refused a request for use of this funding to improve the Berringer Lake boat launching facility.

Option 2: Funds not spent be returned to the RMS.

A resolution to effect this would be along the following lines

2. Return the remaining $300,000 as Council does not have the funds now or into the foreseeable future to contribute to the Havilland Street boat launching project.

Implications:

Council will need to reconsider priorities in the long-term financial plan.

Background

Council, at its meeting of 31 July 2018, resolved as follows (MIN18.576):

That Council applies to Roads & Maritime Services (RMS) for the Better Boating Now funding grant offer of $400,000 to be alternatively used for:

1. Improvements (including sealing) of the Lake Conjola Entrance Road boat launching ramp car park (approx. $100,000)

2. Undertaking a feasibility/options/cost benefit study and extensive community consultation ($30,000) into alternative lower capital cost boat launching facilities (up to a total of $270,000) as a cheaper alternative to the construction of a new facility at Havilland Street West Conjola Facility in the short term, i.e.

a. Valley Drive West Conjola

b. Aney Street Conjola

Transport for NSW have advised that they support funds being spent at the Conjola Lake entrance and the Havilland Street boat launching project and do not support funds being spent elsewhere, either in Lake Conjola or within the City.

Community Engagement

Several meetings have been held with the Conjola Community Association CCB to discuss options for use of the funding offer as well as design options for the entrance carpark. The CCB strongly supports the Havilland Street option and advocates proceeding with a staged project.

Council wrote to all ratepayers on 2 August 2019 seeking comment with the letter identifying the following options for consideration, letter attached. Twenty (20) responses were received in relation to Council’s letter with many responses thanking Council for the opportunity to make comment.

A copy of submissions is provided in the Councillors Folder

Responses are discussed below:

Valley Drive

2 responses supported upgrading of this facility; however, there was also opposition.

Havilland Street

8 responses supported the Havilland Street Project and advocated getting on with a first stage of the project. There was no opposition to this project, but some responses recognised that this project is expensive and may not be affordable and therefore were willing to support alternative options

Norman Street

4 responses suggested exploring improvements to access off Norman Street that was not suggested in Council’s correspondence. Whilst this option has some merit and could be provided at low cost (<$30K), RMS do not support this option as they consider the navigable channel width is too small to justify funding being used at this location. Improvements to access at this location will also result in an increase in car with trailer parking and possible impacts on nearby properties.

Aney Street

7 responses supported the concept of dredging to increase navigable depth at this boat ramp although there was also opposition to this suggestion. Some responses advocated for a longer channel in a different direction. On this basis, this option cannot be supported, and RMS have since indicated that they are also unlikely to support.

Entrance Boat Ramp

There was strong support for the entrance carpark being upgraded but minimal support for a pontoon at the entrance boat ramp due to the restricted depth of water at this location and need for boats to travel upstream for recreation/fishing.

Five responses suggested providing a dredged channel from the entrance boat ramp to deep water upstream however this suggestion will not be funded by the RMS boating infrastructure grant offer.

Entrance Boat Ramp Carpark

Council has prepared two plans for this site in consultation with representatives of the CCB. One plan was for a budget of $100,000 and is do-able and has community support. A second plan was also prepared for a possible budget of $400,000 and was forwarded to RMS. This second plan is not supported due to the insufficient cost/benefit.

Discussion with the RMS have made several points:

A. The $400,000 grant funding is available only until 31 December 2019

B. Currently only the Havilland Street option and Lake entrance ramp are supported

C. Further funds may be available, but they are looking for co-funding arrangements either from Council allocations or other grants such as from the Federal Government.

D. Shoalhaven Council has had significant grants under the Boating Now program

Policy Implications

Strategically Lake Conjola is the only major waterway in the Shoalhaven not serviced by a major boat launching facility. The need for a new facility was identified in 1996. Boating access is currently limited by several small access points around the lake as well as two reasonably sized private launching facilities.

Community Consultation

The community consultation has indicated a level of frustration with Council’s approach. This then indicates the need for further consultation being required to resolve the issue and assist with the way forward.

Financial Implications

A preliminary cost estimate was provided for a possible Stage one project in 2017 that identified a project with reduced car and trailer parking. This was costed at approximately $3M and excludes public amenities and any intersection upgrades.

The original funding offer of $400K was provided by RMS with the expectation that Council would match the difference between the grant offer and the project cost. This funding offer cannot be deferred and used to supplement a possible future funding offer

An announcement on the next round of funding infrastructure grants for boating facilities has been made. It is unlikely that a future funding program from the NSW RMS boating program will fund the bulk of the cost of the Havilland Street project.

Strategy and Assets Committee – Tuesday 12 November 2019

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SA19.180 Use of Recycled Materials in Road Construction and Maintenance

HPERM Ref: D18/436148

Group: Assets & Works Group

Section: Works & Services

Purpose / Summary

To identify potential for increased use of recycled products within the road construction and rehabilitation works conducted by Council.

Recommendation (Item to be determined under delegated authority)

That Council note that Shoalhaven City Council currently uses an array of recycled materials for road construction, rehabilitation and repair and that staff are constantly on the lookout for economically and environmentally sustainable use of recycled materials.

Options

Nil. Information report

Background

At the Strategy & Assets Committee meeting 11 December 2018 the Committee resolved as follows (MIN18.959):

That the General Manager report on Council’s use of recycled materials in products used for road construction, rehabilitation and repair and the potential to increase the potential of recycled product for these applications – including products sourced from Council’s waste management operations

There are a number of products that are available to be “recycled” into roadworks and where possible Council staff are taking advantage of these options.

The way in which these products are incorporated must be managed responsibly because road infrastructure is very expensive and can pose a high risk to users and the environment if it fails fast, not to mention waste large sums of money. The responsible path to incorporating recycled products is rather long and rigorous because of these risks.

The key to successful incorporation of recycled products in road works is to improve the certainty that the quality of the recycled product is consistent. Once consistency of quality can be achieved specifications can be developed with certainty and then Council (and industry) can incorporate changes into Roadworks with confidence.

Report

The following provides a summary of various products that can be used in road works and Council’s use of such. Some of these products are well advanced in their use and others are at the “trial” stage.

Recycle gravel

Many of our roadworks sites excavate gravel in order to rehabilitate the pavement. In many instances the material we excavate is of a poor quality due to incorporation of inappropriate material (clays and silt) or wet. These materials need to be disposed. In some instances, we do excavate pavement materials which can be utilised for reducing road edge ‘drop off’ or can be used in other layers in the pavement structure.

These materials are then sent to stockpile and staff actively seek locations for their use. Disposal costs are very high and the reuse has the dual advantage of reducing Council’s environmental footprint and reduce cost.

Our road construction operations have been utilising lime, cement and slag for many years to rehabilitate pavements without the need to excavate and replace. Recently we have trialled the use of bitumen emulsion in stabilising road pavements. The use of these additives allows us to re-use the existing pavement and extend its life for a further life cycle. The advantages are both economic and environmental.

Recycled Asphalt – RAP

The process of resurfacing or rehabilitating asphalt pavements produces millings, commonly termed RAP. This material consists of simply old bitumen and crushed aggregate. It can be utilised easily as an input material in road construction and maintenance and can also be utilised as a constituent part of new asphalt.

Currently Council has been very active in utilising the material as fill, gravel overlay for dirt roads and pavement materials. Due to the relatively small quantities of asphalt used by Council the avenue of reutilising in the asphalt manufacture has not been fully explored. This is clearly an area of development for our engineering team.

Concrete

There are two streams where recycled concrete is used in Council:

· Waste concrete is sent to recycle organisations where it is crushed for reuse in fill, pavement materials and foundations.

· Use as a pavement material in Road rehabilitation. This material is purchased to a specification and then the confidence in its quality is high.

Glass

Currently we are using a minimal amount of recycled glass as the quality and quantity of the locally produced product does not meet our requirements. Our focus for its use is as a substitute for sand. With changing technology this will change, and staff will be constantly monitoring the situation.

Of interest, the asphalt industry has utilised glass in their manufacturing process in the past. The issues in its use in this area has focussed on cost rather than specification compliance.

Plastic bags, Toner cartridges and plastics

Hard plastics have recently been advertised as being additives for the asphalt industry. The use of EVA plastics has been utilised in asphalt mixes for many years and the use of recycled product in fact reduces costs and environmental footprint.

Currently the roads group is negotiating with the Downer company to utilise such material in a trial along Bolong Road in Bomaderry. Clearly the utilisation of such additives will become even more attractive in the future. In addition, the engineering benefits of have been demonstrated in the laboratory to increase the product life and provide improved engineering parameters. A field trial under local conditions will provide further surety to selecting a ‘green solution’.

Tyres

Tyres or crumbed rubber has been utilised in bitumen products for many years. The roads team has utilised its advantages over cracked roads throughout the city. This strategy has led to longer reseal lives and overall a reduction in cost and improvement in quality product.

Technology and costing structures continually change. It is essential that road managers continually ‘scan’ the road construction and maintenance environment for opportunity to ‘reduce, reuse and recycle’. This is not simply an environmental imperative and can prove to be economical for Council.

Community Engagement

The Works and Services Manager is working with the Communications Unit to prepare “Facts Sheets” to be shared with the Community to inform them of the initiatives undertaken by Council in the use of recycled products.

Strategy and Assets Committee – Tuesday 12 November 2019

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SA19.181 Hyams Beach - Seamans Beach Carpark - Illegal Camping and Noise Complaints

HPERM Ref: D19/331405

Group: Assets & Works Group

Section: Technical Services

Attachments: 1. Letter from Hyams Beach Villagers Association - Seamans Beach carpark gate ⇩

2. Plan - Concept - Seamans Beach Carpark ⇩

3. Meeting Minutes - Hyams Beach Community Consultation - 16 September 2019 ⇩

4. Meeting Minutes - Hyams Beach HBVA Executive and Council Staff - 2 October 2019 ⇩

5. Hyams gate Seamans Car Park perspective concept ⇩

Purpose / Summary

The purpose of this report is to allow Council to consider an option to improve the amenity and control access to the Seamans beach carpark and toilet facility.

Recommendation (Item to be determined under delegated authority)

That in respect to Seamans Carpark, Hyams Beach, Council:

1. Provide kerb and gutter and a driveway at the entrance to the carpark as well as a path along the northern boundary of the carpark in accordance with the concept plan (D19/358695) at an estimated cost $90,000 to be funded from the Seamans Beach Amenities Extension budget (81557) for the 2019/2020 financial year.

2. Install a lockable gate at the entrance in accordance with the concept plan (D19/358695) at an estimated installation cost of $5,000 to be funded from the Seamans Beach Amenities Extension budget (81557) for the 2019/2020 financial year.

3. Trial locking the carpark during the 2019/20 Christmas school holiday period between the hours of 10:00 pm and 6:00 am nightly.

4. Engage commercial security to lock the carpark at 9:30 pm and volunteers sought to unlock the gate at 6 am during the trial period (41 days), the cost of $4,510 to be funded from the Coastal Villages Traffic Management fund (28340) for the 2019/2020 financial year.

5. Consider a future report on the ongoing operation (locking) of the carpark and toilets following the trial period and further consultation with the community.

6. Not install additional disabled spaces due to non-compliant grades or accessible paths of travel currently existing in the carpark and given the demand for such access is considered to be low.

7. At this stage not install a CCTV system to monitor any illegal activity at the carpark.

Options

1. As recommended

Implications: Illegal parking will be prevented, and thus overnight camping will be deterred.

2. Some minor variation to the recommendation (i.e. different opening or closing times)

Implications: Illegal parking will be prevented, and thus overnight camping will be deterred to a more or less extent depending on the actual changes.

Background

At the Strategy and Assets Committee meeting on 23 July 2019 the Committee resolved as follows (under delegated authority from Council, MIN19.475):

https://shoalhaven.infocouncil.biz/Open/2019/07/SA_20190723_AGN_15988_AT.PDF).

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

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

A report in response to part 2.b. of this resolution was presented to the Strategy and Assets Committee meeting on 10 September 2019 where the Committee resolved as follows (under delegated authority from Council, MIN19.630):

1. Council refer the reports SA19.139 to SA19.141 back to staff for further development and consultation with the Hyams Beach community, to be brought back to the next Strategy & Assets Committee meeting. Such consultation and development should place the proposals in the context of a broader management plan for the village and include consideration of possible outcomes from the smart technologies advisory process and other matters relating to earlier Council resolutions to explore cost offsets such as paid parking.

2. SA19.138 be deferred for further community consultation and reported back to the next Council meeting to allow consultation with the Hyams Beach community.

This report is essentially in response to item 2 (SA19.138) of MIN19.630.

Additional disabled parking facilities at Seamans Beach carpark

As detailed in the September S&A report (SA19.138) there is some community support for this option. However, the carpark itself does not provide the necessary grades or accessible paths of travel to provide disabled parking that would be compliant to the standards and there is currently no disabled access to the beach. Presently there is one non-compliant disabled space in the carpark and upon analysis of the demand and compliance with Council’s Development Control Plan chapter G21 Carparking and Traffic, there is no identified need for additional disabled car parking spaces at this location.

Locking the toilets in Seamans Beach carpark

The resolution of Council to a trial of locking the toilets overnight (26 March 2019 – MIN19.162) was discussed with representatives of the Hyams Beach Villagers Association on 15 April 2019 and again on 16 September 2019 and 2 October 2019. As a result of this consultation, magnetic timed locks have now been installed on the existing toilet doors.

The locks have been programmed to prevent public access between the hours of 10:00pm and 6:00am nightly and are currently in effect but can be easily adjusted to any time in the future. N.B. The locked doors can still be opened from the inside of the toilet, thereby eliminating the risk of a patron being locked inside overnight.

Installation and locking of a gate on Seamans Beach carpark

Following further consultation with the Hyams Beach community and the Hyams Beach Villagers Association, several concerns were raised with the operation of this carpark and the safety of pedestrians and vehicles, in addition to the issue of illegal camping. These include:

· Pedestrian access to the beach (particularly children) – without safe access to the beach they currently have to walk through the carpark and run the risk of a vehicle reversing into them.

· Pedestrians queuing to use the toilets – long queues of people are often observed waiting to use the toilet facilities. As the carpark is currently very constrained, the queue extends into the path of turning/reversing vehicles.

· Large vehicles using the carpark – vehicles larger than 6m (large Winnebagos, buses etc.) which are incompatible with the constraints of this small carpark – attempt to use this carpark. Such large vehicles are also a risk to pedestrians and other vehicles.

· Buses parking – the community indicated that buses have been known to arrive at the carpark early and park across all (most) of the spaces. As there is currently no kerb and gutter to shelter the marked spaces a bus can turn straight into the carpark and take up nearly all the spaces in the carpark.

The Hyams Beach Villagers Association held its quarterly general meeting on 8 June – see Attachment 1. Concerns are outlined in item 6 in reply to Seamans Car Park that resolution to trial a gate.

In response to these community concerns, a plan was developed to address these issues (see Attachment 2 – D19/358695 plus photo see Attachment 5) that would better complement the installation and operation of a lockable gate, as well as the already funded proposed amenities extension. The design proposes the following features:

- kerb and gutter along the entrance to the carpark – installing a driveway layback and a concrete driveway threshold.

- a concrete median in the centre of the driveway splitting the in/out movements of the carpark – also assists in providing a central locking point for the proposed gates when closed.

- bollards in the carpark east of the existing disabled space (removing the last 3 car spaces) to allow space for pedestrians to queue and congregate safely away from turning vehicles.

- footpath and kerb along the northern boundary to safely direct pedestrians to the beach.

- rear to kerb parking and wheel stops installed in all car spaces in the carpark to make the operation safer for pedestrians.

- signage installed to indicate the enforceable hours of the carpark (to be closed 9:30pm to 6:00am) as well as to prohibit large vehicles from entering the carpark.

This plan was presented to the Hyams Beach Villagers Association Executive on 2 October.

The cost of this work has been estimated to be in the order of $90,000 plus the cost of installing a lockable gate which is estimated to be in the order of $5,000 (if undertaken in conjunction with the abovementioned work).

It should be noted that one resident objected to the location of the proposed path along the northern boundary on the basis of noise concerns and requested it is moved to the southern side of the carpark. The possibility of moving the path was considered by staff but not supported given the current constraints and following issues:

- there is insufficient space on the southern side of the existing carpark to fit a path;

- a path on the northern side will allow people to park and unload their belongings and children directly on the path, rather than crossing the parking aisle to the southern side of the carpark;

- the northern side would be the most desired path of travel for pedestrians (a majority of patrons coming from the north of Hyams Beach) and would naturally gravitate to walking through the carpark rather than on the path, and finally

- the increase in noise levels would be negligible considering the small size of the carpark and the distance to the southern side of the carpark not significant enough to provide any real sound attenuation.

Note: The option to mirror the current carpark (parking spaces and path on the southern side) was also considered however, this would impact the ability to access the water and sewer infrastructure on the site.

Locking Seamans Beach carpark overnight

For the locking of the proposed gate at the Seamans Beach carpark, three arrangements have been considered: (1) locking using volunteers, and (2) locking using a security firm and (3) a combination of both.

Given that the drive for the locking arrangement is to prevent illegal activity it is foreseeable that the locking activity is likely to be confrontational. Therefore, a combination of the two seems desirable as the unlocking of the gate would not likely be a risky activity for a volunteer.

The cost for locking of the carpark is $110 per visit ($220 per day – morning and night). The annual amounts to $80,300 (ie $220*365).

Other options include:

1. Locking over the October to April months, estimated cost $53,240 ($220*242 days) ($26,620 if unlocking by volunteers or rostered Council staff cleaning, etc in the morning)

2. Only locking during peak seasons (Christmas, Easter, etc.) estimated cost $13,200 ($220*60 days). $6,600 if unlocking by volunteers or rostered Council staff cleaning etc in the morning

3. Only locking during (Christmas) period estimated cost $9,200 ($220*41 days). $4,510 if unlocking by volunteers or rostered Council staff cleaning etc in the morning

N.B.

- Christmas peak season dates for 2019/20 are considered to be Friday 20 December 2019 through to Wednesday 29 January 2020 (inclusive) – 41 days

- Easter peak season dates for 2020 are considered to be Thursday 9 April 2020 through to Monday 27 April 2020 (inclusive) – 19 days

Investigate the ability to issue higher dollar infringements for illegal camping

The current fines remain unless changed by State Government. The current cost of the infringement is $110. The locking of the carpark may still not reduce the number of free-stay campers, as they may still be able to park on‑street in other parts of Hyams Beach.

Install CCTV cameras for the carpark security

Details of a potential CCTV camera system were outlined in the September S&A report (SA19.138) and not considered feasible at the time.

Following consultation with the Hyams Beach community, it was identified that there is a private residence that houses a high-speed internet connection via satellite as a “hub” for the community who may enter into a private agreement to gain access to this connection.

The Council could enter into such an agreement with this property owner to provide a live CCTV system via the internet at relatively low cost (plus the $38,000 necessary for the onsite poles and equipment for one CCTV). However, the issue remains that the installation of a CCTV network would do little to prevent illegal campers as it would be unlikely monitored via live feed afterhours; instead Council would be required to pursue any offender after reviewing the footage at a later time/date individually, which may be difficult to pursue.

Therefore, the implementation of CCTV for the carpark is still not considered feasible as it would provide little overall benefit to the community.

Community Engagement

The resolution to the September S&A meeting (MIN19.630) required staff to further consult with the Hyams Beach community regarding illegal camping at the Seamans Beach carpark. A meeting with Hyams Beach community representatives (particularly those locally impacted) was held onsite on 16 September 2019 and the minutes of this meeting recorded and provided in Attachment 3 (D19/331657).

Following consideration of the consultation in September, staff undertook a number of investigations to resolve the issues raised and presented them to the Hyams Beach Villagers Association (Executive) on 2 October 2019 and the minutes of this meeting recorded and provided in Attachment 4 (D19/349585). The proposal (Attachment 2 - D19/358695) was generally supported by the Hyams Beach Villagers Association Executive members, given the community support generally provided in the past. Members of the Hyams Beach Villagers Association Executive were also amenable to potentially volunteer to unlock the proposed gate in the mornings, thereby reducing operating costs with that activity.

Finally, prior to proceeding with the works proposed for the Seamans Beach carpark, the proposal was required to be referred to the Shoalhaven Traffic Committee for approval. In anticipation of this option being supported, this item has been referred to the November Shoalhaven Traffic Committee meeting.

Financial Implications

Nil. The proposed works can be completed within the existing budgets.

Project Item	Description	Est Cost
Seamans Car Park	(Kerb & Gutter, Footpath, and Bollards)	$90,000
Entrance to Seamans Beach carpark	Install lockable gate	$5,000
Amenities building extension	Semi-permanent arrangement portable amenities with sewer connected	$40,000

Project Item	Description	Open and Lock Security Firm	Unlocking by volunteer’s morning (Security firm lock the gates at night)
Lock the gates	Security firm to lock the gates all year-round day and night (i.e. $220*365 days)	$80,300	$40,150
	Locking over the October to April months day and night ($220*242 days)	$53,240	$26,620
	Only locking during peak seasons (Christmas, Easter etc.) ($220*60 days).	$13,200	$6,600
	Only locking during (Christmas) period ($220*41 days)	$9,200	$4,510*

*This is the option proposed.

N.B. The amenities building extension at the Seamans Beach carpark will be a semi permenant arrangement that being two facilities placed on a permanent concrete slab over the busy period and removed during the quieter periods. The Sewer Connect Portable Toilet comes standard with:

· Double-skin walls

· Aluminium checker plate flooring

· A stainless-steel hand basin

· Ceramic toilet

· Steel skids

· Certified lifting rods; and

· 2-years warranty on the cabinet/1-year warranty on all internal parts and accessories.

Risk Implications

There is a risk that the proposed solutions will move people and noise onto the street. If this proves to be the case hot spots can be targeted with signs advising “No Parking 9:30pm – 6.00am” in some locations it may be necessary to honour long term practices and add “Permit Holders Exempted” to such signs. Permits could be issued to residents and to those renting properties (perhaps date limited). This could be managed as an operational issue in the first instance with the CEO (Director Assets and Works) arranging any installations on a case by case basis where merit determines such action, and then reporting the matter back to Council to consider formal arrangements (i.e. ongoing, seasonal, or nil).

Should the locking of the carpark prove to be unnecessary in the future the operating arrangements can cease, and the gate could be salvaged for another location at minimal cost, while the remaining kerbs and concrete island and paths will continue to provide safe access and operation of the carpark.

There is also a possibility that locking the toilets will lead to more people using the sand dunes and bush areas behind the toilet block. Again this will be monitored during the “trial”.

Strategy and Assets Committee – Tuesday 12 November 2019

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SA19.182 Far North Collector Road Network - upgrade of
Taylors Lane, Cambewarra

HPERM Ref: D19/375319

Section: Project Delivery & Contracts

Approver: Paul Keech, Director Assets & Works

Attachments: 1. Far North Collector Road - Drawings ⇩

Reason for Report

To obtain Council’s endorsement of the preferred option for the upgrade of Taylors Lane.

Recommendation (Item to be determined under delegated authority)

That Council

1. Note the preferred option for the upgrade of Taylors Lane (off Moss Vale Road) is Option 4 which is to maintain the existing centerline with the following characteristics:

a. Widen the road 5m each side of the existing centerline, in accordance with the Development Control Plan for the Moss Vale Road Urban Release Area

b. Remove both stands of mature trees on either side of the existing pavement.

c. Plant suitable Street Trees along the upgraded Taylors Lane to complement driveways, services and drainage.

d. Plant replacement trees as a biodiversity offset in another identified local location.

2. Place the four options for the upgrade of Taylors Lane on public exhibition (highlighting the preferred option) and conduct a presentation to the Cambewarra CCB.

3. The CEO (Director Works and Assets) report back to the Strategy & Assets Committee on the response to the public exhibition, and thus allow Council to determine the adopted option for the upgrade of Taylors Lane (off Moss Vale Road).

Options

1. As recommended.

Implications: Council can advance with project detailed design for the Taylors Lane upgrade as part of the Far North Collector Road Network and advance land acquisitions and other associated activities accordingly.

2. Council do not adopt the Preferred Alignment and select an alternative option for the Taylors Lane upgrade.

An Alternative recommendation could be :

For the part of Taylors Lane shown on drawing 5505.03 retain the remnant Taylors Lane and construct a totally new road to the north in accordance with the Development Control Plan for the Moss Vale South Urban Release Area (Option 2).

Implications: Directing alternative work may result in a change in the cost of the project and delay the existing program for delivery.

Background

The Taylors Lane upgrade forms an integral part of the Far North Collector Road Network. The Taylors Lane/Moss Vale Road intersection would be too close to the proposed Far North Collector Rd/Moss Vale Rd intersection, so an alternative connection to Taylors Lane is required.

The upgrade of Taylors Lane is to cater for anticipated increased vehicular traffic from the pending development of part of the Nowra Bomaderry Structure Plan in accordance with the Shoalhaven Local Environmental Plan 2014. The proposal is consistent with upgrading of the road network catering for anticipated population growth in the district of Cambewarra.

In relation to Taylors Lane, the project involves:

· Closure of the Moss Vale Road/Taylors Lane intersection and redirection of Taylors Lane traffic via the FNCR Network to RMS satisfaction – including up to approximately 300m of new road construction (Taylors Lane Link Road) connecting the Far North Collector Road to Taylors Lane (2 lane, 2 way) to Development Control Plan (DCP) requirements including a pedestrian / cyclist shared use path.

· Upgrade of Taylors Lane to the Moss Vale Road South Urban Release Area (URA) boundary - up to 900m approximately of road upgrade along Taylors Lane (2 lanes, 2 way) to DCP requirements including a pedestrian / cyclist shared use path.

· Survey, design, project development, and land acquisition to achieve the above works.

A delay to this part of the road network could see Council deferring expenditure, with possible impact on the program to fully deliver the Far North Collector Road Network funded by the Federal Government.

Taylors Lane is presently 10 metres wide with spotted gum trees on both sides of the road. It will need to be widened to 20m (including allowance for shared user paths) to meet the DCP requirements. Council has investigated options for road widening and narrowed the focus to four options for the proposed upgrade. All four options involve the removal of varying numbers of trees.

The proposed Taylors Lane existing vegetation, infrastructure, property impacts, property access, amenity and topography, together with the URA and DCP controls, have been considered in the development of the upgrade options.

The upgrade options are:

1 Maintain the southern boundary and stand of trees on Taylors Lane and widen 10m northwards, removing the trees on the northern side. Some trees on the southern side will subsequently be removed to provide driveways to new residential lots, services and upgrade road drainage.

2 Retain both stands of trees and build a totally new road to the north. This option will reduce the potential residential building lots for the proposed land release and may complicate subdivision design. Again the removal of the existing mature trees would ultimately be required to accommodate property access.

3 Maintain the northern boundary and stand of trees on Taylors Lane and widen 10m southwards, removing the trees on the southern side. Some trees on the northern side will subsequently be removed to provide driveways to new residential lots, services and upgrade road drainage. Requires demolition of one house.

4 Maintain the existing centerline, widen 5m each side, in accordance with the Development Control Plan for the Urban Release Area, requiring removal of both stands of trees. Plant suitable Street Trees along the upgraded Taylors Lane to complement driveways, services and drainage. Plant replacement trees in another identified local location.

Following consultation and further investigation Options 1 and 3 are no longer recommended for consideration, as they provide no real benefits over options 2 or 4.

Environmental considerations

Council is required to create a substitute “Set Aside” area to compensate for the 154m2 required to be excised from the Bernie Regan Sporting Complex Property Vegetation Plan (PVP) area for the FNCR/Illaroo Rd/West Cambewarra Rd roundabout. The PVP was endorsed in 2010 under the (then) Native Vegetation Act 2003 between Council and the Southern Rivers Catchment Management Authority.

The NSW Biodiversity Conservation Act 2016 requires payment of an offset amount into the NSW Biodiversity Conservation Trust based on the amount of threatened microbat habitat to be removed along Taylors Lane. This amount is currently estimated at $93,000 for Option 4.

The upgrade of Taylors Lane will be conducted under the Roads Act 1993, which permits tree removal but imposes no obligation to plant replacement trees. Council is however proposing revegetation to affect some replacement of trees removed along Taylors Lane, and to minimise the impacts of the proposal on habitat features in proximity to the FNCR, particularly wildlife corridors. This revegetation would be undertaken adjacent – and would be complementary – to the proposed substitute Property Vegetation Plan area on a 1.9ha parcel of land adjacent to Bernie Regan Sporting Complex and Bomaderry Creek required for the FNCR. Associating these areas would maximise environmental outcomes and the efficiency of resources.

Summary comparison of Upgrade Options 2 and 4

The table below provides a summary comparison between options 2 and 4.

Criterion	Upgrade Option 2 Construct new road to north (to minimise initial tree removal)	Upgrade Option 4 Upgrade on current centre line (recommended)
Estimated Cost	$ 1,115,000	$ 850,000
Safety	Ongoing falling limbs hazard for cyclists and pedestrians using old lane (closed at ends) as a path. Vehicular traffic can still enter via driveways crossing the retained former road to the new road.	Substantial reduction in falling branches hazard from Street Trees. Adheres to DCP requirements.
Maintenance	Ongoing removal of dead/dying trees, branches and clearing of debris. Pavement retention for protection of tree roots (arborist recommendation). Road pavement damage by roots, also causing ponding, erosion.	Less maintenance required for Street Trees.
Environmental	Initial removal of 34 trees. Retains the existing mature trees (estimated to be in last third of their life) until: · Tree death/removal for safety. · Residential development requiring access to Taylors Lane occurs, requiring further tree removal (currently no restriction in place).	Removal of 317 trees. Plant suitable Street Trees to complement driveways, services, drainage. Estimated $93K contribution to NSW Biodiversity Conservation Trust for conserving similar vegetation and habitat in perpetuity. Council commits to providing offset planting in identified local location, more beneficial to fauna habitat in long-term.
Development	Reduces developable residential land by 1.6ha.	Reduces developable residential land by 0.6ha.
Design	Tree protection zone limits ability to successfully manage future drainage of retained former lane without removing trees.	Enables optimisation of drainage system and road design levels independent of existing levels.
Visual Aesthetic	Retains rural canopied lane appearance for local users - may look odd in fully developed suburb. Likely to become sparser with time.	Provides a designed suburban streetscape commensurate with the DCP.

It is recommended that Taylors Lane is upgraded in accordance with option 4.

Community Engagement

Community consultation in November 2018 resulted in three responses asking Council to retain the existing stands of spotted gums where possible.

Council exhibited the four options on the ‘Get Involved’ page of its website in August 2019. This did not draw any attention.

Council staff discussed the four options with property owners along Taylors Lane in August 2019. Council subsequently received correspondence from four property owners supporting option 2 (retain the trees and construct a new road to the north) and from one property owner supporting option 4 (remove the trees and upgrade Taylors Lane on the current alignment).

The removal of such a large number of trees (317) in the preferred Option 4 on its own and in comparison to 34 removed in Option 2 may cause a strong emotional reaction within members of the public, possibly leading to disruptive action during construction when the removal of trees becomes real and visible. In order to reduce the risk of disruption during construction it is proposed to place the four options and choice of the preferred Option 4 on public exhibition to gauge public sentiment.

Staff are seeking feedback from Councillors on the proposed level of further community consultation regarding the preferred option for the upgrade of Taylors Lane.

Policy Implications

Council is obligated to adhere to the Development Control Plan (DCP), regardless of which option is selected.

Financial Implications

The cost estimates for land acquisitions, including the estimated tree management cost for the four Taylors Lane options are as follows:

1. $1,120,000

2. $1,115,000

3. $ 781,000 (excludes demolition/replacement of house)

4. $ 850,000

Risk Implications

Potential risks associated with the upgrade of Taylors Lane include:

· Breach of the Far North Collector Road Network funding agreement if Council decides not to proceed with the upgrade to Taylors Lane.

· Delay to the project program and additional cost associated with option 2.

· Continued risk to walkers, cyclists from falling limbs under option 2. This risk is far less under option 4 due to the choice of Street Trees.

· Maintenance costs. A higher than anticipated level of management for the offset plan to establish new trees under option 4.

Strategy and Assets Committee – Tuesday 12 November 2019

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SA19.189 Vegetation Management in Coastal Dunes

HPERM Ref: D19/322429

Group: Planning Environment & Development Group

Section: Environmental Services

Purpose / Summary

To provide information to Council on the management of vegetation in coastal dunes in the Shoalhaven in accordance with MIN19.501.

Recommendation (Item to be determined under delegated authority)

That Council receive the report on the investigation into the management of vegetation in coastal dunes for information.

Options

1. Council receive the report for information.

Implications: This will provide confirmation that the management of vegetation in coastal dunes and the points raised in MIN19.501 are already embedded in Council’s operational plans and procedures.

2. Council provide an alternative solution.

Implications: This is unknown.

Background

In accordance with a Notice of Motion put to the Ordinary Meeting of Council on 30 July 2019, Council resolved:

That in enhancing the resilience of our coastal dunes Council staff integrate the points raised in this notice of motion regarding current vegetation issues and those of new plantings or self-propagations, into all current and future plans of management.

1. Damage to public infrastructure and private property needs to be carefully foreseen and avoided by planting the correct species in the correct locations, making a generous allowance for the impact of the fully-grown vegetation on its surroundings. Existing vegetation causing damage to public infrastructure or private property may, as a matter of course, necessitate removal.

2. All necessary steps must be taken to ensure that safety is paramount in public areas as well as adjacent to private homes. Selection of the ideal species and the location of new plantings is crucial if bushfire risk and fall hazard is to be eliminated. Assessment of existing vegetation in this regard may need to occur.

3. Staff will give serious consideration to the differentiation between accreting dunes and eroding dunes and the need to potentially have different planting and management regimes in each instance and report their deliberations back to Council for further discussion.

4. Staff advise how the Coastal Dune Management Manual classifications of “incipient foredune”, “foredune” and hind dune are applied in situations where hind dunes are developed, and how the appropriate vegetation species recommended for planting is implemented on the ground and into local management plans in such situations.

5. Where residents are prepared to pay for private contractors to carry out work, under the direction of Council staff and according to an approved plan of management, this necessary work proceeds pending availability of staff to approve and oversight works.

6. Our community be encouraged to report to Council any incidents covered by the parts 1-5 above to council staff to enable their follow up.

It is understood that the intent of the resolution is to ensure that the protection and enhancement of our coastal dunes occurs in a logical and scientific manner. It is also to ensure that this is achieved without placing any increased risk to our community by means of risk to public infrastructure, personal health or property damage.

A review of Council’s current practices demonstrates that Council is already committed to achieving this and is aligned with the aims of this resolution.

Plans of Management

The resolution refers to integrating the points identified into all current and future plans of management. The following is a brief outline of existing plans of management.

There are numerous Plans of Management for our public reserves, many of which are updated through the Social Infrastructure & Planning Unit of Council.

Council’s Natural Resources & Floodplain Unit have developed Management Actions Plans (MAPS) for locations including Moona Moona Creek, Huskisson Beach and Bendalong Boat Harbour, which included consultation with local community representatives. Such plans define objectives and implementation strategies that recognise and protect the on-going use of these areas by the public, as well as the infrastructure present at these locations. The plans also recognise the fragility of ecosystems found within the identified Natural Area. Any planting completed in accordance with these plans is mostly to reinforce the understory species, as weed species are removed and controlled.

Copies of all Council’s adopted Plans of Management and Master Plans are available at https://shoalhaven.nsw.gov.au/My-Council/Policies-plans-strategies/Public-reserves-plans

Collingwood Beach Vegetation Two-year Trial Action Plan was only adopted by Council after five years of planning, reporting & reviewing, obtaining legal advice, completing community engagement and facilitating a way forward having regard to divergent community views. During this extensive process, all necessary matters have been considered and incorporated into the Action Plan.

The aim of this Action Plan is to achieve a positive outcome in terms of both protecting the health and resilience of the dune system whilst meeting the desires and expectations of the community and other key stakeholders.

Council Operational Plans and Procedures

Council is already committed to protecting and managing our coastal dunes in a logical and professional manner through the implementation of our current operational plans and procedures. Many factors are considered in the management of this natural environment, including those specifically raised in the resolution. Further detail for each of the five points from the resolution is provided below.

MIN19.501 Points 1 and 2 – reducing damage to public infrastructure & private property and fire & fall hazard

Across the functional areas of Council, consideration is given to avoiding potential risk to public infrastructure and private property, as well as bushfire risk when managing vegetation in coastal dunes.

City Design Unit

The City Design Unit clearly indicate on all planting plans provided to internal clients in Council, the width of the fully mature canopy of trees and shrubs. This indicates the impact such plantings will have on infrastructure when mature. This also allows for the appropriate quantity and spacing of planting.

The inclusion of endemic species in plantings is critical to ensure the continued health of our local ecosystems and natural areas, particularly in dunal areas. Consideration to the width of a mature canopy, as well as planting density and location assists in mitigating potential bushfire risk.

Each tree species has a different response to branch and limb drop. Species selection in planting plans are considerate of this factor.

Parks & Facilities Unit

In relation to tree planting on road reserves and parks throughout the Shoalhaven, including those located on coastal dunes, prior to planting, full consideration is given to the maximum height and width that a tree will reach at maturity. Qualified staff carefully consider tree species and suitable locations when coordinating planting on public land. Trees are selected from suitably qualified nurseries that grow to Australian Standards. Where considered necessary, root barriers or root directors are used at the time of planting to manage tree roots.

Council employs two qualified tree inspection staff to assess vegetation on public land on a reactive basis. Vegetation overhanging or impacting infrastructure and users of infrastructure, such as pedestrians and cyclists using a shared pathway, are considered as part of a risk assessment to guide pruning or removal when necessary. Additional resources would be required to proactively assess every tree in proximity to properties on public land throughout the Shoalhaven.

Property Unit

The Property Unit complete a Review of Environmental Factors (REFs) for maintenance and upgrades to Council assets. Consideration is given to planting low-growing species where appropriate. Vegetation removal is recommended where required – for example to obtain access to and within stormwater drains. The planting of low-growing species has been recommended along roads, with the height of vegetation increasing as one moves back from a road to minimise risk to the public asset and to ensure community safety.

Vegetation is not planted where it may damage infrastructure. Planting of endemic species is preferred to enhance the health of our native ecosystem, but planting is completed in a structurally suitable manner and in suitable locations – for example to ensure the maintenance of any asset protection zones (APZs).

Natural Resources & Floodplain Unit

In accordance with section 4 of the Bushcare/Parkcare Policy, no planting occurs unless it is completed in accordance with an approved Bushcare Action Plan. Such plans include species lists for planting. Each plan is reviewed internally by Council and externally by State Government Agencies. Community engagement and adoption by Council is required.

In accordance with the Bush Fire Environmental Assessment Code, clearing of coastal dune vegetation for bushfire purposes cannot occur within 100 metres of the mean high water mark, except where works involve only the manual removal of noxious or environmental weeds.

Conditions are placed on development consents to ensure the adequate protection of infrastructure, private property and APZ’s.

MIN19.501 Point 3 – planting in accreting and eroding dunes

The Department of Planning, Industry & Environment (Coast & Estuaries) provided the advice below that Council follows in operational procedures described above, such as bushcare/dunecare action plans:

Beaches and dunes go through short term cycles of erosion and accretion, with coastal storms eroding sand from dunes and transporting it off shore and then sand gradually being brought onshore between storms. There may also be a longer term trend of shoreline recession or accretion based on underlying factors such as sediment deficits/gain or sea level rise. Council’s Shoalhaven Coastal Hazard Mapping Review (Advisian 2016) has assessed whether several Shoalhaven beaches are undergoing long term recession.

The Coastal Dune Management Manual does not specifically mention different plantings for eroding or accreting dune conditions. While the Manual provides sound generic advice, professional judgement on a site by site basis is still needed to determine what is best to plant and where to plant. For example, you would not look at planting anything into an actively eroding dune scarp, but it may be appropriate to plant landward of a scarp once the beach recovers after a storm. In addition, after a storm it may be appropriate to reprofile an eroded dune using beach scraping to create a stabile dune profile and then stabilise this with pioneer species.

Irrespective of whether a dune has a long term trend of recession or not, it is still important to try and maintain a stable dune system with a variety of dune species. If the beach has a long term trend of recession, it still may be appropriate to use both secondary or tertiary species if planting in a more stable area of the dune system (such as the foredune or further landward) for example to increase ground cover and diversity, replace weeds and increase dune resilience.

Reference: DLWC (2001) Coastal Dune Management: A Manual of Coastal Dune Management and Rehabilitation Techniques, Coastal Unit, NSW Department of Land and Water Conservation, Newcastle.

MIN19.501 Point 4 – planting in hind dunes

The Department of Planning, Industry & Environment (Coast & Estuaries) provided the advice below that Council follows in operational procedures:

The NSW Coastal Dune Management Manual provides an example diagram of vegetation zones on a typical NSW dune, with grasses at the seaward side, then shrubs, and trees further inland. The diagram cannot cover all situations and is a guide only to common open coast beaches. Dune structures and plant zones vary greatly along the NSW coast as plant species are affected by a range of factors. For example, beaches in Jervis Bay are more sheltered than a typical exposed beach on the open coast and in general, tall trees are present closer to the shore than at more exposed beaches. In addition, as beaches and dunes are a dynamic system undergoing erosion and accretion, not all vegetation zones will always be present and there is no set width of these zones.

Dune restoration and rehabilitation projects generally aim to replicate what would have naturally occurred at the site prior to disturbance. The diagram and species lists in the Manual provide a generic guide but consideration would also be given to geographical area, degree of exposure (open coast versus embayment), plant succession and development backing the dunes. It may be helpful to refer to old photographs from before the site was degraded (if available) or nearby undisturbed dunes that provide an indication of what a healthy dune system would like and what species exist over the dune profile, including seaward of a similar point to where hind dunes have been cleared for development. A south coast specific guide to restoration of coastal foredune scrub was prepared by University of Wollongong (French 2010) and provides extensive species lists.

Reference: French, K (2010) A framework to guide ecological restoration: Coastal Foredune Scrub and Temperate Littoral Rainforest. South Coast of NSW. University of Wollongong, Wollongong.

MIN19.501 Point 5 – residents to fund private contractors

There is already provision in Council’s Tree Management Policy – Public Land for residents to fund works on trees where the safe, useful life expectancy of the tree has been reduced.

MIN19.501 Point 6 – community encouraged to report incidents covered in points 1-5

Community engagement is completed in the development of Council policy and action plans regarding protection of private property and injury risk.

The community is encouraged to raise incidents raised in the Notice of Motion through this process. Community reporting is also encouraged through Council’s website and social media. Council receives requests for action in relation to these matters which are recorded in Council’s complaint management system (MERIT) and/or Council’s record management system then referred to the relevant team in Council to action.

In accordance with the Rural Fires Act, 1997, all enquiries regarding potential bushfire hazards are referred to the Rural Fire Service. Residents and property owners are encouraged to contact the Rural Fire Service directly to request an inspection of existing vegetation on public land if they have concerns about fire mitigation.

Community Engagement

No change to current policies and plans is being recommended, so further community engagement relating to policy change is not required at this time.

Policy Implications

There are no policy implications as current policies and plans are already adopted by Council. Any changes to existing practices may require amendments to these policies.

Financial Implications

No financial implications as the items raised are already being addressed through current operational plans and procedures.

Risk Implications

Nil. From the review of Council current operational plans and procedures it appears that Council is already addressing the intent of and points raised in the Notice of Motion.

Strategy and Assets Committee – Tuesday 12 November 2019

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SA19.192 NoM - Update - Penguin Head Viewing Platforms - Pathway Maintenance and Upgrade

HPERM Ref: D19/368412

Section: Environmental Services

Approver: Phil Costello, Director Planning Environment & Development Group

Attachments: 1. Geotechnical Report - Penguin Head Viewing Platforms (under separate cover) ⇨

Reason for Report

Provide Council with an update on the progress of works at Penguin Head lookout area, as resolved by Council on 25 July 2019 (MIN19.414).

Recommendation (Item to be determined under delegated authority)

That Council:

1. Receive the report on the progress of works at Penguin Head lookout area for information; and

2. Endorse staff to seek designs and costing for the following works and report these back to Council along with any additional funding request;

a. upgrading the three viewing platforms, in accordance with the geotechnical advice received; and

b. options for the re-location of the picnic table.

Options

1. As per recommendation

Implications: Council will be able to make an informed decision on future management options of the viewing platforms. Given the geotechnical advice received to date on the unstable nature of the site, age of infrastructure and complex assets in place; public safety and potentially high costs, need to be considered.

2. An alternative resolution

Implications: Depends on the resolution.

Background

On 25 July 2019, Council resolved:

That in respect of the Penguins Head Reserve lookout pathway, Council:

1. Undertake general maintenance (tree trimming, replacement of rotten timber, moving picnic table)

2. Undertake general maintenance on the other two viewing platforms at this location. (tree trimming, painting, new gravel)

3. The project be listed for funding consideration as a high priority at the September Quarterly Budget Review.

In accordance with the resolution, Council staff have completed the following actions:

Parts 1 & 2 – General Maintenance

Undertaken general maintenance including tree trimming and replacement of rotten fence timber and wire around the headland. General maintenance has also been completed on the other two viewing platforms at this location, including tree trimming, painting and the addition of new gravel.

At this stage the picnic table has not been moved, as it sits on a raft concrete slab and relocation cost is estimated at around $2,500. At this time, it is suggested that the location of this asset be considered as part of the overall design and upgrade of the three viewing platforms, so that all public recreational assets at this location are strategically managed.

Part 3 – Project Funding

The original NoM reported to Council on 25 June 2019 (CL19.153) requested that in addition to the general maintenance identified in Parts 1 & 2 of the resolution, the following work be completed (the Project):

1. Undertake sealing of the Penguin Head Reserve lookout pathway; and

2. Construct a ramp to allow accessible inclusion and access to the lookout.

Prior to the Project being listed for funding consideration, further investigations were required to assess the stability of the cliff face and the current levels of risk. This will in turn determine whether the exiting platform is suitable, and the scope of works required for the site.

Accordingly, a land survey and geotechnical investigation were completed.

The scope for the geotechnical investigation was extended to include all three viewing platforms, in order to comply with Coastal Zone Management Plan (CZMP) Action Number LA2.5:

“Undertake a geotechnical assessment to assess the impact of potential cliff and slope instability to provide suitable and site-specific Landslide Remediation Management recommendations for the lookout at Penguin Head or consider relocation of this asset where feasible.”

The geotechnical investigation (Appendix 1) revealed cliff stability issues directly affecting the viewing platforms. The sub-base is showing signs of slow failure, with the potential for future collapse of the viewing platforms.

The risk analysis provided in the geotechnical advice assessed the likelihood of potential landslides occurring under existing conditions. The results of the risk analysis for four identified hazards are as follows:

A. Instability of the upper residual clay profile: Possible.

B. Instability of blocks and wedges from the cliff face: Likely.

C. Instability of the basal undercut below the southern side of the eastern lookout: Unlikely.

D. Instability of the colluvial soils below the southern lookout: Possible.

The geotechnical report assessed that levels of risk to property (viewing platforms) for all potential landslide hazards (A, B, C and D) as being at an “acceptable” level (low or very low), in accordance with Australian Geomechanics Society ‘Practice Note Guidelines for Landslide Risk Management’, 2007.

The report also assessed the risk to life from people using the platform above the cliff and people walking under the cliff. This was also considered to be “acceptable”, in accordance with the Practice Note Guidelines for Landslide Risk Management, 2007.

In regard to design consideration for the lookouts, the report recommended the following to reduce the potential impacts on the assets from on-going cliff instability for Hazards A and D above;

1. Lookouts will be supported on footings founded in bedrock;

2. Footings set-back 3.0m landward from the cliff edge for all three lookouts; and

3. Lookouts would need to be designed to cantilever seaward of the 3.0m setback to maintain the current ocean views and would require deeper footings.

It is recommended in the geotechnical report that regardless of the risk being assessed as “acceptable”, prior to any funding being allocated to the upgrade of the pathway and construction of a ramp to the central viewing platform, an engineering design and full costings for the viewing platforms be undertaken, and be informed by the geotechnical advice received.

Financial Implications

The cost estimates for the concreting/sealing the access path out to the eastern platform is $7,560.

The estimated cost for relocating the picnic table is $2,500.

The estimated cost to upgrade to the viewing platforms to make safe as per the geotechnical advice, will be informed by the engineering requirements and design.

Community Engagement

The Culburra Beach Progress Association will be informed of any proposed upgrade to the assets at Penguin Head.

Risk Implications

Risk to life and property (viewing platforms) under existing conditions were assessed as being “acceptable”, as per the Australian Geomechanics Society ‘Practice Note Guidelines for Landslide Risk Management’, 2007.

However, it is recognised that, due to the many complex factors that can affect a site, the subjective nature of risk analysis, and the imprecise nature of the science of geotechnical engineering, the risk of instability for a site cannot be completely removed. It is, however, essential that risk be reduced to at least that which could be reasonably anticipated by the community in everyday life and that landowners be made aware of reasonable and practical measures available to reduce risk as far as possible.

To reduce the risk to life from on-going cliff instability in this location, the lookouts will need to be moved 3.0 m landward from the cliff edge and upgraded to comply with required engineering specifications.

Strategy and Assets Committee – Tuesday 12 November 2019

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SA19.196 National Sports Convention

HPERM Ref: D19/373939

Submitted by: Clr Mark Kitchener

Reason for Report

To provide a report (Attachment 1) from Clr Mark Kitchener on the National Sports Convention held in Melbourne, 23-25 July 2019, in accordance with Clause 3.3(e) of the Council Members – Payment of Expenses and Provision of Facilities Policy.

Recommendation (Item to be determined under delegated authority)

That Council receive the report from Clr Mark Kitchener on the National Sports Convention for information.

Options

1. Receive the report for information

2. Request further information on the conference

National Sports Convention

Date: 23 – 25 July 2019

Venue: Melbourne Convention and Exhibition Centre

Theme: Reimagining Sport

SCC Representatives: Jane Lewis, Kevin Norwood

Councillor Mark Kitchener

Key-Note Speakers: Fiona Bull (WHO), Steven Ward CEO Gofit, Peter Miskimmin CEO Sport New Zealand, Steve Moneghetti AM Deputy Chair Sport Australia, Alison Oliver CEO Youth Sport Trust (UK), Professor Mark Tremblay President Active Healthy Kids Global Alliance, Trevor Stilton National Heart Foundation of Australia

Conference Format:               Morning sessions – Global Thought, Leaders session
                                                Mid-morning – concurrent plenary themes
                                                After lunch – concurrent workshops

Summary of Presentations:

Dr. Fiona Bull (WHO) in her presentation on ‘More active people for a Healthier World through a Systems-based Approach’ stated, promoting physical activity has benefits for personal health, communities, the environment and the economy. Physical activity helps to prevent the leading causes of premature mortality by increasing productivity, improving learning outcomes, strengthening community cohesion and integration, creating jobs and employment and reducing traffic congestion and air pollution.

Today, physical inactivity is the fourth leading risk factor for global mortality. One in four adults in the western world are not active enough and the level of physical activity world-wide has stagnated for the past fifteen years. Heart disease remaining the single biggest killer of all Australians. There is a need to achieve together, a connected movement that drives attitude change and gets the world moving.

Wing Cheng specified, there are 13.2 million Australians that do not meet the physical activity guidelines. Half of all Australians do not do enough activity to benefit their health. Significantly less children and adults are playing the top seven organized team sports. Over one third of active Australians are moving away from organized competitive sport to non-sport physical activities such as walking, jogging, fitness training, gym, yoga and pilates.

Peter Fitzsimmons in ‘Reimagining Sport in New Zealand’ reiterated, despite perception our levels of physical activity are in decline. Many high-performance competitive sport participants are opting for active outdoor recreation, physical activity, exercise and movement. The physical activity industry has a large diverse customer base that is integral to the nation’s health and prosperity.

Steve Moneghetti said, in the past we were active for the purpose of survival, today we need initiatives in place to get people moving. There is a need for a cultural change to encourage active behaviors. While sport is a major vehicle to drive health, doing sport differently making it less competitive, more flexible and socially acceptable to meet the needs of those who are not inclined to competitive sport will activate the community and encourage more people to get moving. www.doingsportdifferently.com.au

Steven Ward reported that countries with the greatest GDP and the highest incomes are the most inactive while poorer countries are more active. However, when considering participation in organized sport, the result is reversed. Advanced countries have a higher disposable income and analysts are starting to witness a financial pattern that is necessary to initiate organized sport. Steve went on to say, the world must turn the tide of inactivity and get people more active more often. The current generation of western nations are the most inactive and have a shorter life expectancy than their parents. Emerging inactivity has become the new epidemic.

Dr. Fiona Bull went on to say, the World Health Organization’s vision for physical activity is ‘more active people for a healthier world.’ Its mission is, ‘to ensure that all people have access to safe and enabling environments and to diverse opportunities to be physically active in their daily lives, as a means of improving individual and community health.’

The World Health Organization wants to create active societies, active environments, active people and challenge inactivity wherever it is found from the cradle to the grave. Physical activity can be promoted at school, at home, for the purposes of mobility and recreation. Gardening, cleaning, maintenance, organized sports, play, walking, cycling, any exercise is better than none and the more exercise the better.

The World Health Organization wants all countries in the world to develop national action plans, a whole systems approach to physical activity. Countries can learn from each other and share what works well to promote advocacy at the World Health level. A singular isolated approach is doomed to failure. Nations need to build partnerships with many different agencies. Many sectors working together will improve physical activity overall. Partnerships between health, sport and community organizations can create accessible participation pathways, build capacity, generate advocacy opportunities and connect communities but effective partnerships take time.

Alison Oliver in her presentation ‘Making physical education fit for purpose in the UK’ said, young people are in a world where change is getting quicker and quicker but physical and cognitive development is not keeping pace with the social and environmental change. Are schools the heart of activating children and if so, what needs to be the focus? Are our children well educated and whose responsibility is it to get children active?

Alison continued by proclaiming the curriculum has narrowed and Physical Education instruction has been drastically reduced. There is a need to transform, reposition and embed physical education’s place in the curriculum, putting it at the center of well-being and achievement so every child can enjoy the life changing benefits that come from sport and play. Educational outcomes are so much greater when children are active.

Activity generates oxygenated blood to the brain which releases serotonin and dopamine, chemicals that improve mood and protect against mental health disorders. The growth of neurons in the cerebral hippocampus are responsible for learning and memory.

People in general must place a greater value of physical activity in society, schools, and employment, while governments must pioneer new ways of using sport to improve children’s wellbeing and give them a brighter future.

Brendan Wendt in his presentation on ‘Activ8’ claimed, children are living increasingly sedentary lives, spending more time using screens rather than being physically active. Students are missing out on physical activity during developmental years. In Australia only 19% of students are meeting sixty minutes of moderate to vigorous activity each day.

Many young people find sport too competitive but would be more inclined to participate if physical activity was based more on having fun in a social environment. Non-competitive activities, gym, fitness training, modified games and challenges promote equal treatment and focus on fun rather than skill level. Children’s motivations have not changed. Fun, friendship, freedom and active play capture children’s imagination and motivation but for many, competitive sports do not.

Non-competitive activities attract students not normally inclined to sport, improve social contact with peers, improve behaviors for many students and contribute to improving academic results. The emphasis should be on creating a social environment that allows students to get involved in physical activity while having fun with their friends.

The focus is on participation not winning but having fun, spending time with friends, improving fitness levels, learning new skills, meeting new people while increasing confidence and experience over time. Less structured non-competitive exercises are where the real answers might lie to increasing physical activity.

Students participate less in physical activity as they grow older because of a lack of time due to school pressures or work commitments, family situations, costs, number of children in the family, location of the family home and the lack of transport infrastructure and the distances involved, all the above inhibit participation.

Alison Oliver said, school is the place where Australia can have the most influence. Personal Development Health and Physical Education (PDH&PE) has been squeezed by the crowded curriculum. Specialist Physical Education teachers are not being employed so the classroom practitioner is teaching the Physical Education curriculum. There is a lack of knowledge in primary schools to deliver the Physical Education programs. With Physical Education teachers not being employed, the school loses its advocate for physical activity.

Teachers must work with parents to convince them that PDHPE is essential for the child’s overall well-being and academic progress. Parents must lobby the government and insist that every primary and secondary school have tertiary qualified PDHPE teachers employed in schools, with appealing spaces and ample time provided, to deliver the curricula making daily physical activity habitual, entrenching movement and learning in everyday life.

Schools play a pivotal role by fostering educational opportunities for students but parents being the first and foremost educator of their children need to take responsibility for the development of the whole child for a child educated only at school is an uneducated child. Children need to have a multi-faceted diverse experience of life and learning for there is no substitute for personal experience.

However, schools cannot be expected to carry the burden alone of society becoming increasingly less active and less healthy. Governments can contribute to the promotion of physical activity by providing grant funding, supporting mass community events in walking, cycling, social sport, active recreation, dance and play and providing policy statements on sporting infrastructure and opportunities to increase participation.

Sue McGill indicated, in ‘Infrastructure-participation and regional communities,’ that the value of community sport infrastructure and associated economic health of a community relates to social values, inclusion, advancing community pride, increasing community trust, decreased anti-social behavior and improved mental health.

For the purpose of improving the health and wellbeing of all Australians a $100 million community sport infrastructure grant program has been established for regional, rural and remote communities. This funding is being awarded directly to local clubs. The program has a focus on infrastructure, increasing awareness and supporting more Australians to move more often.

Regional and remote Australia are the largest recipients of these grants. Investing in small and remote Australia provide better returns for the investment. Regional areas are receiving small grants of up to $50 000 while remote locations in Australia receive grants between $50 000 to $200 000. Projects must be participant focused, locally led, performance driven and have an impact on community well-being.

Grant recipients must provide a place for people to meet and connect not just build a sporting facility. Every recipient is asked to report on increased participation, social health and economic improvements to local communities.

By providing a bigger focus on well-being and aligning well-being goals with the goals of the nation, the government seeks to improve levels of physical activity. Infrastructure plays a critical role in this aim.

Some case studies include: Wollondilly - Walking and Cycling Trail. Increased participation in walking and cycling has occurred by installing LED lighting along the trail ensuring it is an environment in which all users feel safe. Increased participation was measured via sensor activated solar powered electronic counters located along the trail.

The Rockhampton Outdoor Basketball Project has revitalized an existing space and now offers a family friendly safe option across the day and evening.

Darren Condon in his presentation on ‘How can urban design create and support active communities and how can governments assist’ stated, sporting facilities are generally provided by the municipality level of government. How then, can urban design change people’s way of thinking about physical activity?

Urban design is about people, therefore, put people at the centre of everything that is designed. If it impacts them, include them. Lift the game in engaging the public, it is easy to involve the users, it is getting access to the non-users that is the difficulty.

Create community buildings, places and spaces that have impact, ask what’s possible and do things differently. Making infrastructure awesome inspires people to think differently about the local environment. Create places and spaces that encourage people of all ages and abilities to be healthy and active. The places we live in have a direct impact on our health.

The Canadian Olympics Stadium for example, was designed for community use first and foremost. It was always intended to be transformed into a community centre with a public library which connects the community and activates a precinct of the city. It was never intended to be a stand-alone performance sports center that housed 150 000 spectators for a short period of time.

Inventive public spaces, community centres with children’s slides, obstacle courses, urban trampolines, interactive artists, portable and inflatable sculptures are activating and transforming public spaces by encouraging interaction and activity.

A harbour deck and ocean harbour swimming baths has been built in Vancouver from the shore into the river and integrated into the urban fabric of the city.

Brightly painted basketball keys with rings connected to walls of buildings in a less than attractive laneway has trebled female pedestrian foot traffic because the increased activity and passive surveillance makes people feel physically, mentally and socially safe.

Keith Brown in ‘Healthy active by design’ made the comment that well-designed infrastructure provided in public open spaces contributes to making streets safe and creates destinations where people want to be active.

The Clarence Foreshore Trail and destination play areas have encouraged not only children but people of all ages to participate.

The benefits of a healthy built environment extend well beyond health, Hobart, a pedestrian friendly city encourages walking and cycling to extend environmental efficiencies. www.healthyactivebydesign.com.au

The Shoalhaven City Council supports physical activity, health and well-being through organized sport by providing annual donations and maintaining grounds at the following locations for the one hundred and five registered sporting clubs in the region. It is noted that these sporting facilities are equitably distributed across the Shoalhaven for the convenience of all residents.

Berry

· Berry Showground | sportsfield

· Berry Sports Complex | 3 sportsfields, cricket pitch, skate park, tennis, netball

Bomaderry

· Artie Smith Oval | 3 sportsfields, cricket pitch

· Bomaderry Sports Complex | 2 sportsfields, cricket pitch

· Bomaderry Oval | sportsfield, cricket pitch

· Narang Road Tennis Complex

· Nowra / Bomaderry Basketball Stadium (part of Artie Smith Oval)

· Thurgate Oval | 2 sportsfields, cricket pitch

Burrill Lake

· Burrill Lake Sportsground | sportsfield, cricket pitch

Callala Bay

· Callala Sports Field | sportsfield, skate park

Cambewarra

· Ray Abood Village Green | cricket pitch

Crookhaven Heads

· Crookhaven Park | 2 sportsfields, cricket pitch

Currarong

· Elliot Reserve | sportsfield, skate park

Greenwell Point

· Gordon Revell Oval | sportsfield, cricket pitch

Huskisson

· Huskisson Sports Ground | 2 sportsfields, cricket pitch

Kangaroo Valley

· Kangaroo Valley Showground | sportsfield, cricket pitch

Kioloa

· Kioloa Sportsgrounds | sportsfield

Lake Conjola

· Lake Conjola Sports Field | sportsfield, cricket pitch

Manyana

· Yulunga Reserve | sportsfield

Milton

· Frogs Holla Reserve | 4 sportsfields, cricket pitch

· Milton Basketball Stadium - part of Milton Showground

· Milton Showground | sportsfield cricket pitch

Mollymook

· Bill Andriske Oval

North Nowra

· Bernie Regan Sporting Complex | 2 sportsfields, cricket pitch

· Drexel Park | sportsfield, cricket pitch

· Sharman Park | sportsfield

Nowra

· Nowra Recreation Ground | sportsfield cricket pitch

· Nowra Showground | sportsfield

· Park Road Netball Courts

· Rugby Park | 3 sportsfields, cricket pitch

· South Nowra Soccer Fields | 4 sportsfield, cricket pitch

· Lyrebird Sports Park | 5 sportsfields, cricket pitch

· West Street Oval | sportsfield

Sanctuary Point

· Francis Ryan Reserve | 2 sportsfields, cricket pitch, skate park

· Sanctuary Point Oval | sportsfield, cricket pitch

· Wool Lane Sporting Complex | 2 sportsfields, netball

Shoalhaven Heads

· Jerry Bailey Oval | sportsfield, cricket pitch

· Vic Zealand Oval | sportsfield, cricket pitch

St Georges Basin

· St Georges Basin Sports Field | sportsfield

Sussex Inlet

· Finkernagel Reserve | sportsfield

· Thomson Street Sporting Complex | 5 sportsfields, cricket pitch, skate park

Ulladulla

· Lighthouse Oval | 3 sportsfields, cricket pitch

· Ulladulla Sports Park | sportsfield

Vincentia

· Vincentia Sports Ground | sportsfield, cricket pitch

Worrigee

· Ratcliff Park | 3 sportsfields, cricket pitch

The Shoalhaven City Council attempts to utilize these facilities to their greatest potential and encourages organized sport and active recreation in these spaces. These facilities can also be hired for sporting development days and sporting events such as the National Indigenous Football Championships or for walking the dog on leash unless otherwise indicated.

The Shoalhaven City Council has facilities for Croquet at Milton, Nowra and Bomaderry. Surf Life Saving clubs at Mollymook, Shoalhaven Heads, Sussex Inlet and Culburra Beach. Indoor Basketball at Milton Showground, Bomaderry Sporting complex and soon to open at the Shoalhaven Indoor Sports Centre.

Tennis courts are located at:

· Berry Tennis Courts

· Bomaderry Narang Road Tennis Courts

· Callala Bay Tennis Court

· Callala Beach Tennis Court

· Cudmirrah Tennis Court

· Culburra Beach (Crookhaven) Tennis Courts

· Currarong Tennis Courts

· Erowal Bay Tennis Courts

· Greenwell Point Tennis Court

· Huskisson Tennis Courts

· Kangaroo Valley Tennis Courts

· Kioloa Tennis Courts

· Lake Conjola Tennis Courts

· Manyana Tennis Courts

· Milton Tennis Courts

· Nowra Tennis Courts

· Shoalhaven Heads Tennis Courts

· Sussex Inlet Tennis Courts

· Ulladulla Tennis Courts

· Wandandian Tennis Court

· Worrigee Tennis Court

Netball courts at Ulladulla, Nowra, Sussex Inlet, St Georges Basin, Kangaroo Valley and Berry.

Synthetic Hockey at Bernie Regan Park in Nowra.

Swimming and aquatic activities can be accessed in the two Leisure Centres, five village pools, two sea pools, and three aquatic centres.

The Shoalhaven City Council supports physical activity, health and well-being in the region through promoting physical activities in community assets.

Council Community Halls are used for Yoga, Dancing, Physical Culture, Seniors exercise classes and many other active recreation purposes and the Shoalhaven City Council annually sponsors the Cancer Council Relay for Life in Nowra and Milton.

The Shoalhaven City Council promotes physical activity, family fun and recreation at the Shoalhaven’s fifty boat ramps, the two hundred and twenty beach access ways, the one hundred and twenty eight playgrounds, the one thousand two hundred reserves, sports grounds and park lands and the many picnic areas that it maintains throughout the city.

The Shoalhaven City Council has an excellent record for promoting and assisting organized sport and recreation within its boundaries. While there is always a need for further maintenance, the replacement of ageing assets and the construction of new assets, when comparing the comprehensive list of locations and the number of requests involved one becomes aware of the enormity of the job.

The Shoalhaven City Council also promotes, as part of the Shoalhaven’s tourism package, large events which encourage physical activity. Some of the events supported by Shoalhaven City Council through sponsorship, fee waivers, advice on event logistics, donations and marketing advice are AFL Junior Championships, Family Fishing Competition Sussex Inlet, Husky Running Festival, Long Course Weekend Jervis Bay and the PGA Seniors State Championships to name a few.

In addition to working collaboratively with the state government on physical activity, health and well-being, Shoalhaven City Council also works closely with other councils, State Sporting Organizations and their regional and local Sports Associations, sharing information, highlighting programs and projects, grant funding, development of programs and promotion.

More recently the Shoalhaven City Council has been working closely with the Office of Sport and the Illawarra Shoalhaven Joint Organisation (ISJO) for the development of the NSW State Regional Sports Plan (Illawarra/Shoalhaven) and is now progressing to identify priorities for sporting facilities /venues on a regional basis.

The Shoalhaven City Council also works with the sporting community through the Shoalhaven Sports Board and the Summer and Winter Sporting Forums and has an excellent working relationship with the Illawarra Academy of Sport.

Unique to the Shoalhaven is the Bernie Regan Sporting Trust. A self-funded trust that supports athletes with much needed financial help to progress to a higher level. The trust has been running since 1986 and has assisted in excess of two hundred athletes from all disciplines, many of whom have succeeded to an elite level.

Conclusion:

Local government areas around the country are providing inventive public spaces that are successfully making communities more active. It stands to reason that over the fullness of time these inventive pieces of infrastructure and the provision and maintenance of sporting facilities will help turn the tide of inactivity in Australian society.

While there is a need for a cultural change to encourage active behaviors governments can only do so much. All levels of government, non-government organizations and other institutions care for everyone’s well- being and are concerned about everyone’s level of safety, but it is an individual’s personal responsibility to comply with regulations and always be accountable for their own actions. When it comes to physical activity, health and well-being individuals must first be answerable to themselves. It is up to individuals to take advantage of the facilities, infrastructure and services provided by the Shoalhaven City Council and use them for their personal health benefits.

Tenderer	Location
Air Conditioning Refrigeration Engineering	NSW 2539
C.J Bellenger & N Bellenger t/as ZTEC Tyres	NSW 2541
Cleanaway Pty Ltd	VIC 3004
Community Resources Limited t/as Soft Landing	NSW 2428
JLW Services Pty Ltd	NSW 2590
Onesteel Recycling Pty Limited t/as Infrabuild Recycling	NSW 2000
Sell & Parker Pty Ltd	NSW 2019
SIMS Group Australia Holdings Limited	NSW 2020
Soilco Pty Limited	NSW 2526
QSSR Pty Ltd atf The Trustee for The QSSR Unit Trust trading as Shoalhaven Recycling	NSW 2539
Total Drain Cleaning Services Pty Ltd	NSW 2164