Ordinary Meeting
Meeting Date: Tuesday, 28 January, 2020
Location: Council Chambers, City Administrative Building, Bridge Road, Nowra
Time: 5.00pm
Membership (Quorum - 7)
All Councillors
Please note: The proceedings of this meeting (including presentations, deputations and debate) will be webcast and may be recorded and broadcast under the provisions of the Code of Meeting Practice. Your attendance at this meeting is taken as consent to the possibility that your image and/or voice may be recorded and broadcast to the public.
Agenda
1. Acknowledgement of Traditional Custodians
2. Opening Prayer
3. Australian National Anthem
4. Apologies / Leave of Absence
5. Confirmation of Minutes
· Ordinary Meeting - 17 December 2019
· Extra Ordinary Meeting - 20 January 2020
6. Declarations of Interest
7. Call Over of the Business Paper
8. Presentation of Petitions
9. Mayoral Minute
10. Deputations and Presentations
11. Notices of Motion / Questions on Notice
Notices of Motion / Questions on Notice
CL19.361..... Rescission Motion - DE19.122 - Review of Tabourie Lake Entrance Management Policy.............................................................................................................. 1
CL19.362..... Notice of Motion - DE19.122 - Review of Tabourie Lake Entrance Management Policy........................................................................................................................ 2
CL19.363..... Rescission Motion - DE19.128 Proponent Initiated Planning Proposal (Rezoning) - Lot 1 DP 1246435, 55 Wire Lane, Berry.............................................................. 3
CL19.364..... Notice of Motion - DE19.128 Proponent Initiated Planning Proposal (Rezoning) - Lot 1 DP 1246435, 55 Wire Lane, Berry................................................................. 4
CL19.365..... Notice of Motion - To support the naming of a road at Sussex Inlet - Ralph Lucas Drive................................................................................................................ 5
CL19.366..... Notice of Motion - Callala Beach Drainage Maintenance and Construction. 7
CL19.367..... Notice of Motion - Construction of Accessible Viewing Platform - Surfers Avenue, Narrawallee..................................................................................................... 8
CL20.8......... Notice of Motion - Revised Management Plan for Reserve - Lot 133 DP 825648 Mollymook..................................................................................................... 10
12. Committee Reports
CL20.9......... Report of the Youth Advisory Committee - 23 October 2019...................... 11
YA19.13...... School Bus Transport Safety & Overcrowding Clarification
CL20.10....... Report of the Inclusion & Access Advisory Group - 4 November 2019....... 12
IA19.53........ Additional item - Investigate Improving Beach Access at Tilbury Cove and Ocean Street, Culburra
IA19.54........ Additional item - Plantation Point Playground Proposal
CL20.11....... Report of the Homelessness Taskforce Shoalhaven - 2 December 2019.. 13
HT19.15...... Public Housing in the Shoalhaven
CL20.12....... Report of the Nowra CBD Revitalisation Strategy Committee - 9 December 2019...................................................................................................................... 14
CBD19.56... Draft Capital Works Program for Adoption
CBD19.58... Council Policy Review - POL19/40 - "Occupation of Council Owned or Managed Land"
CL20.13....... Report of the Natural Area Volunteers Group - 16 December 2019........... 15
NA19.12...... Resignation - Dr Mike Clear - Natural Areas Volunteer Group
NA19.9........ Update - Natural Areas Volunteer Groups
NA19.10...... Terms of Reference and Call for Nominations - Natural Areas Volunteer Group
NA19.11...... Review - Bushcare/Parkcare Procedures
CL20.14....... Report of the Shoalhaven Traffic Committee - 10 December 2019............ 21
TC19.63...... No Parking Zone Extension - Idlewild Avenue - Sanctuary Point Public School (PN 3569)
TC19.67...... Parking Signage - Owen Street Huskisson (PN 3572)
13. Reports
CEO Group
CL19.345..... Code of Conduct Complaints - Annual Statistics Report - 1 September 2018 to 31 August 2019.................................................................................................. 24
CL19.346..... Update - Code of Conduct - Penalties available to Councils for Breaches by Councillors.................................................................................................... 30
CL19.373..... Office of Local Government Guideline - A New Risk Management and Internal Audit Framework for Local Councils in NSW........................................................ 34
CL19.374..... Grant Acceptance - Environment and Tourism Fund - Shoalhaven Sustainable Tourism Infrastructure Package................................................................... 43
Finance Corporate & Community Services
CL19.377..... Investment Report - November 2019........................................................... 48
CL20.15....... Investment Report - December 2019........................................................... 54
Planning Environment & Development
CL20.16....... Variations to Development Standards - December Quarter 2019............... 60
Committee Reports
CCL20.1...... Report of the Strategy & Assets Committee - 21 January 2020
CSA20.1...... Proposed Acquisition of Land - Moss Vale Road South Urban Release Area
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.
CSA20.2...... Proposed Sale of Land
Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.
CSA20.3...... Property Matters - Nowra CBD
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.
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CL19.361 Rescission Motion - DE19.122 - Review of Tabourie Lake Entrance Management Policy
HPERM Ref: D19/427154
Submitted by: Clr John Levett
Clr Nina Digiglio
Clr Kaye Gartner
Purpose / Summary
Note: This item was deferred from the Ordinary meeting of 17 December 2019.
The following Rescission Motion, of which due notice has been given, is submitted for Council’s consideration.
That Council rescind the Motion relating to item DE19.122 of the Development and Environment Committee Meeting held on Tuesday 5 November 2019.
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Background
The following resolution was adopted at the Development and Environment Committee held Tuesday 5 November 2019 (See MIN19.809).
That Council adopt the Tabourie Lake Entrance Management Policy (June 2019), with the policy recommendation to retain the trigger level, for mechanical opening, of 1.17m AHD.
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CL19.362 Notice of Motion - DE19.122 - Review of Tabourie Lake Entrance Management Policy
HPERM Ref: D19/427170
Submitted by: Clr John Levett
Clr Nina Digiglio
Clr Kaye Gartner
Purpose / Summary
Note: This item was deferred from the Ordinary meeting of 17 December 2019.
The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.
That Council adopt the Tabourie Lake Entrance Management Policy (June 2019), with the policy recommendation to increase the trigger level, for mechanical opening, from 1.17m AHD to 1.3m AHD.
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Note by the CEO
This Notice of Motion will be dealt with if the preceding Rescission Motion is carried.
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CL19.363 Rescission Motion - DE19.128 Proponent Initiated Planning Proposal (Rezoning) - Lot 1 DP 1246435, 55 Wire Lane, Berry
HPERM Ref: D19/428000
Submitted by: Clr Greg Watson
Clr Patricia White
Clr Joanna Gash
Purpose / Summary
Note: This item was deferred from the Ordinary meeting of 17 December 2019.
The following Rescission Motion, of which due notice has been given, is submitted for Council’s consideration.
That Council rescind the Motion relating to Item DE19.128 of the Development & Environment Committee held on Tuesday 3 December 2019.
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Background
The following resolution was adopted at the Development and Environment Committee held Tuesday 3 December 2019 (MIN19.909).
That Council:
1. Not proceed with a Planning Proposal to rezone 55 Wire Lane, Berry (Lot 1 DP 1246435) to an R5 Large Lot Residential zoning, with a 1 ha minimum lot size, and inform the proponent and submitters of this decision.
2. Advise the proponents of the Local Strategic Planning Statement process, invite them to engage with this process and any associated work on a rural land strategy and the review of the Growth Management Strategy.
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CL19.364 Notice of Motion - DE19.128 Proponent Initiated Planning Proposal (Rezoning) - Lot 1 DP 1246435, 55 Wire Lane, Berry
HPERM Ref: D19/434508
Submitted by: Clr Greg Watson
Clr Patricia White
Clr Joanna Gash
Purpose / Summary
Note: This item was deferred from the Ordinary meeting of 17 December 2019.
The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.
That Council proceed with the Planning Proposal as submitted.
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Note by the CEO
This Notice of Motion will be dealt with if the preceding Rescission Motion is carried.
Should the Rescission Motion be accepted and Council wish to support the proponent initiated Planning Proposal, as discussed at the Development & Environment Committee, the following recommendation may be more appropriate:
That:
1. Council support the proponent initiated Planning Proposal request to rezone 55 Wire Lane, Berry (Lot 1 DP 1246435) to R5 Large Lot Residential with a mapped minimum lot size of 1 ha under Shoalhaven LEP2014 on the basis that it is considered to be appropriate for a decision
2. Council submit the proponents Planning Proposal document to the NSW Department of Planning, Industry & Environment requesting the initial Gateway determination, noting that additional and updated or additional studies will be undertaken post Gateway to support the Planning Proposal;
3. Dependent on the outcome of the Gateway determination Council receive a further report on the Planning Proposal;
4. Council advise the proponents and submitters of this decision.
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CL19.365 Notice of Motion - To support the naming of a road at Sussex Inlet - Ralph Lucas Drive
HPERM Ref: D19/432216
Submitted by: Clr Greg Watson
Purpose / Summary
Note: This item was deferred from the Ordinary meeting of 17 December 2019.
The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.
That Council: 1. Resolve to support the appeal to the Geographical Names Board (GNB) for the naming of a new road in Sussex Inlet “Ralph Lucas Drive”. 2. Write to the Member for South Coast the Hon. Shelley Hancock MP Minister for Local Government to seek her support for the appeal.
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Background
In June 2019, Developers Sheargold and Lucas Property Group submitted an application to Council and subsequently the GNB as the naming authority, to name a new road within an extensive new development in Sussex Inlet called “Ralph Lucas Drive”.
The GNB objected to the name Ralph Lucas Drive under the NSW Road Naming Principles, Principle 6.7.5 – Acceptable Road Names: Use of Given Names – The use of given/first names in conjunction with a surname is not acceptable.
Ralph Lucas is the founder and Managing Director of Lucas & Tait, which became the Lucas Property Group in 2003. Lucas & Tait commenced marketing Paradise Lagoon Estate Sussex Inlet over 50 years ago.
Following that, Lucas & Tait purchased a large parcel of land in the Badgee area and commenced the Riviera Estate. This was developed in a number of stages producing over 300 home sites.
Lucas & Tait purchased another large parcel of land in the centre of Sussex Inlet. This area known as Riviera Keys Estate was developed as a canal subdivision producing over 300 water frontage home sites in stages over a number of years, plus two medium density sites.
The Lucas Property Group developed The Anchorage town house complex on one site and The Moorings complex on the other.
During all these years Lucas & Tait have supported many Sussex Inlet communities, organisations and clubs. Following a request from the Sussex Inlet Lions Club, Ralph Lucas organised free of charge for the majority of the earthworks construction for the playing fields at the Thompson Street complex.
The Sussex Inlet Business Community repeatedly acknowledge the huge contribution Lucas & Tait provided by promoting Sussex Inlet by way of full page ads in the Sydney press, radio commercials and a large television campaigns. Because of this Development and Marketing, Sussex Inlet became the fastest growing village in the Shoalhaven Council area.
Unfortunately the Moratorium placed on Sussex Inlet by the Jervis Bay Regional Plan Stage 2 caused this progress to stall for 14 years. When the owner of the Sussex Inlet Golf Course Jack Curtis decided to close the golf course, it was Ralph Lucas who negotiated to purchase the golf course as he believed that Sussex Inlet must not lose this amenity. Ralph Lucas met with the Golf Club committee and offered them the opportunity to lease the Golf Course for $1 per year, based on the club maintaining the course and the club retaining all revenue. That deal was done on a handshake and has been in existence for over 48 years. Lucas & Tait also provide grants from time to time for course improvements.
Following the rezoning of the Group’s 500 acres of land at Sussex Inlet, Lucas Property and Sheargold Property Groups are about to commence the development of golf course frontage home sites, normal home sites, town houses, a commercial area and a Life Style Village. The total development will consist of over 700 sites.
As a consequence of Ralph Lucas’s contribution to the Shoalhaven area and in particular the Sussex Inlet community, I seek a resolution from council to support the appeal to the GNB that they make an exemption in this case in relation to the using of a first name and surname for the naming of a new road which is the next step in the process.
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CL19.366 Notice of Motion - Callala Beach Drainage Maintenance and Construction
HPERM Ref: D19/438719
Submitted by: Clr Greg Watson
Purpose / Summary
Note: This item was deferred from the Ordinary meeting of 17 December 2019.
The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.
That the CEO report to Council on the following: 1. A scheduled maintenance programme to maintain the street water absorption pits to clear silt and other debris on a regular basis, including a performance checking procedure to ensure the work is carried out. 2. An amendment to appropriate DCP relating to the disposal of stormwater from hard surfaces to require as much water as possible to be disposed of on site rather than to the street when infill or redevelopment is occurring. 3. The preparation of a long term drainage strategy to increase the diversion of Street drainage to the wetlands West of the Village from streets where significant ponding is occurring.
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Background
The soil on which the Village is constructed is almost pure sand and as a result the seepage pits do work reasonably well with exception of a few locations. The pits are subject to siltation which clogs the sand slowing down the rate of water absorption and as result these type of system require regular maintenance.
In recent years because of more intensive development and our residential building policy which mandates the disposal of water to the street the absorption system is becoming increasingly over loaded, one way of mitigating this from happening would be require as much water as possible to disposed of into absorption trenches within the property when new or improved development is occurring.
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CL19.367 Notice of Motion - Construction of Accessible Viewing Platform - Surfers Avenue, Narrawallee
HPERM Ref: D19/432386
Submitted by: Clr Bob Proudfoot
Clr Patricia White
Purpose / Summary
Note: This item was deferred from the Ordinary meeting of 17 December 2019.
The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.
That Council staff include the construction of a viewing-platform with disabled access at Surfers Avenue, Narrawallee, for consideration in a future budget. The site location would be in the vicinity of the seat which is around 25 metres down (east) from the stairs in Surfers Avenue.
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Note by the CEO
Initial investigations for a disabled access viewing platform design under the Australian Standards in this location is likely to include the following requirements and some indicative estimated costs:
• Site survey to ensure the necessary path gradients can be achieved to the viewing platform site to comply with the Australian Standard for access and mobility (1:14).
• Undertake Aboriginal Heritage site and due diligence assessment.
• Undertake a review of the coastal hazard impactite specific assessment.
• Undertake Review of Environmental Factors (land survey and REF $5,000).
• Disabled parking and toilet facilities that are accessible are also recommended. Assess current priorities in the Disability Inclusion Action Plan and Public Amenities priority action list. North Narrawallee and North Mollymook is the current focus for improved public toilet facilities with no Coastal Zone Management Plan (CZMP) actions related to this location.
• Dedicated Disabled Parking and toilet facilities do not currently exist at Surfers Avenue.
• Estimated cost and potential construction materials, based on the following hypothetical not to scale location.
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Surfers Avenue Viewing Platform proposal (Not to Scale)
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Viewing platform - Recycled Plastic $25,000.
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Parking and Concrete path: 25 metres oxide finished $15,000.
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CL20.8 Notice of Motion - Revised Management Plan for Reserve - Lot 133 DP 825648 Mollymook
HPERM Ref: D20/17365
Submitted by: Clr Bob Proudfoot
Purpose / Summary
The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.
That 1. Council urgently put in place a revised management plan for the reserve being lot 133 DP 825648, Flame Tree Court / Scarlet Gum, Mollymook, in order to greatly reduce the risk of bushfire. 2. The plan would need to address the regular removal of dead vegetation which builds up to an unacceptable level in a very short period of time. 3. Any nearby residents who are in breach of contributing to increased levels of “fuel-load“ should be formally reminded of their community responsibility.
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CL20.9 Report of the Youth Advisory Committee - 23 October 2019
HPERM Ref: D20/212
Note: This item was deferred from the Ordinary meeting of 17 December 2019.
YA19.13 School Bus Transport Safety & Overcrowding Clarification |
HPERM Ref: D19/342573 |
Recommendation That Council 1. Be informed of the following information with respect to MIN19.343, which referred the issue of school bus transport safety back to the Youth Advisory Committee for clarification: a. Overcrowding of buses occurs from Nowra to Bay and Basin area (route 413) – sometimes a backup bus has had to be called because the bus was too full. b. Up to 15 students have been reported to be regularly standing in the aisles for 30 minutes up to an hour before a seat becomes available. c. Seatbelts are not installed on all buses and where they are they are not being used by passengers. 2. Write to identified School Principals outlining the concerns of the Youth Advisory Committee and request further information about what has already been done to try to address the issues and advocating for safety: a. St Johns High School b. Nowra Christian School c. Shoalhaven High School d. Tomerong Public School 3. Provide a report to the Youth Advisory Committee on the findings and comments received from School Principals.
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CL20.10 Report of the Inclusion & Access Advisory Group - 4 November 2019
HPERM Ref: D20/232
Note: This item was deferred from the Ordinary meeting of 17 December 2019.
IA19.53 Additional item - Investigate Improving Beach Access at Tilbury Cove and Ocean Street, Culburra |
Recommendation That Staff investigate and provide a report on the accessibility of beaches at Tilbury Cove and Ocean Street, Culburra.
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IA19.54 Additional item - Plantation Point Playground Proposal |
Recommendation That Staff provide a report with updates on potential upgrades at Plantation Point Reserve, including a summary of the Community Consultation outcome.
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CL20.11 Report of the Homelessness Taskforce Shoalhaven - 2 December 2019
HPERM Ref: D19/445488
HT19.15 Public Housing in the Shoalhaven |
HPERM Ref: D19/396415 |
Recommendation That the Homelessness Taskforce recommend that Council: 1. Write to the State Government Minister for Families, Communities and Disability, The Hon. Gareth Ward, MP, State Member for the South Coast, The Hon. Shelley Hancock, and the Federal Member for Gilmore, Fiona Phillips MP to urge an increase in availability for Public Housing be funded and that all levels of governments act to reduce waitlists, especially for people who have been identified as having priority. This action should occur within this current term of government. 2. Note that areas in the Sanctuary Point and St. George’s Basin do not have any allocated properties for Public Housing and should be included in funding to support availability.
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CL20.12 Report of the Nowra CBD Revitalisation Strategy Committee - 9 December 2019
HPERM Ref: D19/445469
CBD19.56 Draft Capital Works Program for Adoption |
HPERM Ref: D19/295288 |
Recommendation: That Council: 1. Adopt the Draft Capital Works Program (D19/8951) to promote the Revitalisation of the Nowra CBD with the projects identified for the 2019/2020 financial year being; a. Berry Street, between Junction St & Worrigee St - Footpath Upgrade $1,050,000 b. Kinghorne Street, Eastern side between Smiths Lane & Worrigee St - Footpath Upgrade $600,000. unfunded c. Kinghorne Street, Western side between Worrigee St & Plunkett St - Footpath Upgrade $640,000. unfunded 2. Notes that the following projects will also be listed for funding in the 2019-2020 financial year from the General Fund; a. Project Management of CBD Revitalisation Capital Works $50,000 b. Batts Folly, Landscape refurbishment. Maintain memorial, plant curtilage & include footpath & crossings. $99,000. c. Nowra Sails, landscape, sandstone walling, signage $52,364 d. Junction Street, South side between O’Keeffe & highway - opposite Ex services car park $315,000 3. Invite The Hon. Shelley Hancock MP and The Hon Gareth Ward MP to a future meeting of the Nowra CBD Revitalisation Strategy Committee regarding identifying potential projects within the CBD from the Draft Capital Works Program for State Government funding.
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CBD19.58 Council Policy Review - POL19/40 - "Occupation of Council Owned or Managed Land" |
HPERM Ref: D19/414890 |
Recommendation: That Council endorse the proposed Policy 19/40 (formerly POL16/150 with amendments) “Occupation of Council Owned & Managed Land”, which has been endorsed by Nowra CBD Revitalisation Strategy Committee.
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CL20.13 Report of the Natural Area Volunteers Group - 16 December 2019
HPERM Ref: D20/21425
Attachments: 1. Draft Terms of Reference - Natural Area Volunteers Group ⇩
NA19.9 Update - Natural Areas Volunteer Groups |
HPERM Ref: D19/410237 |
Recommendation That Council 1. Receive the update report on the Natural Areas Volunteer Groups for information. 2. Retain the current names of the individual Natural Area Volunteer Groups to ensure clarity.
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NA19.10 Terms of Reference and Call for Nominations - Natural Areas Volunteer Group |
HPERM Ref: D19/410639 |
Recommendation That Council 1. Endorse the draft Terms of Reference for the Natural Areas Volunteer Group with the following modifications: 2. The purpose be amended for the group to act as both an Advisory and Representative Group a. The Role in the second sentence be amended to read: “This will include policies, procedures, resourcing, natural resources management, environmental restoration and preservation techniques and plans and community and volunteer stakeholder engagement.” b. That Membership includes Nine (9) Natural Areas Volunteer Group Representatives. c. That the first point at Part 4 read: “Where possible a minimum of three (3) representatives are to be appointed from each of the northern, central and southern program delivery areas. In the event where nominations for vacancies are insufficient to support three (3) members from one (1) area, the membership can include more than three (3) members from other areas.” d. The following new points be added under Part 4: “Any casual vacancies will be addressed at the following meeting with the intention to keep the membership at sufficient level to reach quorum Resignations should be lodged in writing to Council No proxy votes are permitted” e. An additional criteria for the selection of representatives under Part 4 be: “the individual must be a current active member of a Natural Area Volunteer Group” 3. Reappoint the following existing members to the Natural Areas Volunteer Group under the new Terms of Reference : Ms Frances Bray Mr Tony Jennings Mr Bill Pigott Mr Len White Mr Jason Carson 4. Consider the nominations received to fill vacancies and undertake selection of applicants for the Natural Areas Volunteer Group, as outlined in the proposed Terms of Reference for the Group.
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NA19.11 Review - Bushcare/Parkcare Procedures |
HPERM Ref: D19/413586 |
Recommendation That Council adopt the Draft Bushcare/ Parkcare Procedures attached to the report, which have been endorsed by the Natural Area Volunteers Group with the following amendments: 1. That ‘other Natural Area Groups’ be included in the definition of Bushcare at Part 1 of the Procedure. 2. Under part 13.4. Field Days - an additional sentence be included which states that ‘Field Days will be subject to approval from the Bushcare Coordinator.”
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NA19.12 Resignation - Dr Mike Clear - Natural Areas Volunteer Group |
Recommendation That Council 1. Accept the resignation of Dr Mike Clear from the Natural Areas Volunteer Group. 2. Write to Dr Clear and thank him for his contribution to the group (and the previous Bushcare Representative Group” for the past eight (8) years.
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CL20.14 Report of the Shoalhaven Traffic Committee - 10 December 2019
HPERM Ref: D20/219
Attachments: 1. Plan - PN 3569 ⇩
2. Plan - PN 3572 ⇩
The Shoalhaven Traffic Committee is a technical review committee not a committee of Council under the Local Government Act, 1993.
The Roads and Maritime Services has delegated certain powers to Council under the Transport Administration Act 1988 (Section 50). A condition of this delegation is that Council must take into account the Traffic Committee recommendations.
IMPORTANT NOTE:
Council cannot amend a Traffic Committee recommendation. The Council can only:
1. Adopt the Traffic Committee recommendation;
2. Not Adopt the Traffic Committee recommendation; or
3. Request the Traffic Committee reconsider the issue.
Other issues can be raised as Additional Business at the Ordinary Meeting.
The full guide to the delegation to Councils for the regulation of traffic can be viewed at: RMS Website
Note: This item was deferred from the Ordinary meeting of 17 December 2019.
TC19.63 No Parking Zone Extension - Idlewild Avenue - Sanctuary Point Public School (PN 3569) |
HPERM Ref: D19/426785 |
Recommendation That the Chief Executive Officer (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed extension of the No Parking zone along Idlewild Avenue Sanctuary Point for an additional 17m, as detailed in Plan No: (D19/426909).
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TC19.67 Parking Signage - Owen Street Huskisson (PN 3572) |
HPERM Ref: D19/426867 |
Recommendation That the Chief Executive Officer (Director Assets and Works) be advised that the Shoalhaven Traffic Committee has no objection to the proposed signage and line marking within the Owen Street / Morton Street carpark, to establish 3 disabled car parking spaces in lieu of the 2 existing. Additionally, 5 motorcycle parking spaces to be relocated to the north-western corner of the carpark. Plan No: 2408.06 (D19/427102).
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CL19.345 Code of Conduct Complaints - Annual Statistics Report - 1 September 2018 to 31 August 2019
HPERM Ref: D19/378462
Approver: Stephen Dunshea, Chief Executive Officer
Attachments: 1. Code of Conduct Complaint Statistics - 1 September 2018 to 31 August 2019 ⇩
Reason for Report
Note: This item was deferred from the Ordinary meeting of 26 November 2019.
Note: This item was deferred from the Ordinary meeting of 17 December 2019. This item required reporting to the Office of Local Government prior to 31 December 2019. Given that the statistics cannot be amended by Council resolution, they have been submitted to the Office of Local Government whilst awaiting the final endorsement by Council.
This report is submitted in accordance with Clause 11.1 of the Procedures for the Administration of the Code of Conduct which requires that statistics concerning complaints made about Councilllors and the CEO be reported to Council within 3 months of the end of September each year.
Options
1. That the report be received for information as recommended
Implications: This would meet the requirements under the Local Government Act and the Procedures.
2. That the report be accepted in accordance with the Code of Conduct Procedures and additional recommendations made.
Implications: Further recommendations would need to be in accordance with the provisions of the Local Government Act and the Procedures for the Administration of Code of Conduct Complaints.
Background
Statistics of the Code of Conduct complaints received by Council are provided as Attachment 1 to this report.
Council is required to provide the statistics to the Office of Local Government in accordance with Clause 11.2 of the Procedures for the Administration of the Code of Conduct.
In summary, five (5) complaints about Councillors under the Code of Conduct were received in the reporting period. One (1) of those complaints was dealt with by alternative strategies by the previous General Manager, three (3) were referred to a Conduct Reviewer and one (1) was referred to the Office of Local Government as required by the Procedures.
Of the three (3) Code of Conduct complaints referred to a Conduct Reviewer, one (1) was resolved by the Conduct Reviewer by alternative strategies. The remaining two (2) complaints (related) proceeded to investigation and were resolved by the Council. The Council did not adopt the Conduct Reviewer’s recommendation.
All Code of Conduct complaints recorded in these statistics were dealt with according to the Council’s previous Code of Conduct (POL16/221) and Procedures (POL13/30). Council adopted a revised Code of Conduct and Code of Conduct Procedures based on the Model Code and Procedures on 28 May 2019.
Community Engagement
No specific community engagement is required other than advising the public of Code of Conduct complaints via this annual reporting requirement of the Code of Conduct Procedures. The Office of Local Government publishes the statistics once collated.
Financial Implications
As a general rule, the costs involved with handling complaints involving Councillors which are resolved by the General Manager/Chief Executive Officer by alternative means are estimated at approximately $900 each, but that can increase if the resolution involves greater complexity or multiple Councillors or if the matter is referred to a Conduct Reviewer.
The total cost of dealing with Code of Conduct complaints received in the reporting period, including staff costs, was approximately $12,804.
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CL19.346 Update - Code of Conduct - Penalties available to Councils for Breaches by Councillors
HPERM Ref: D19/390012
Approver: Stephen Dunshea, Chief Executive Officer
Attachments: 1. Circular 19-25 ⇩
Reason for Report
Note: This item was deferred from the Ordinary meeting of 26 November 2019.
Note: This item was deferred from the Ordinary meeting of 17 December 2019.
To inform Council of advice from the Office of Local Government with respect to the current penalties available to Council for breaches by Councillors as outlined in Circular 19-25.
That Council: 1. Note the report on Code of Conduct - Penalties for information 2. Receive a further report outlining any further guidance from the Office of Local Government on this matter.
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Options
1. As recommended
Implications: The Council is to receive the information at this time and await further guidance. Should Council be required to deal with a Code of Conduct Investigation Report prior to further guidance being received, further advice will be obtained and provided to Council when dealing with that matter.
2. Alternate recommendation
Implications: Not Known
Background
The Office of Local Government released Circular 19-25 – Penalties available to councils for code of conduct breaches by Councillors on 2 October 2019.
The Circular is provided as Attachment 1 to this report.
In summary, the Circular advises the Council of the result of a recent decision by the Supreme Court in the matter of Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134, where it held that the only disciplinary power available to councils under the Local Government Act 1993 for code of conduct breaches by councillors is the power to formally censure conferred under section 440G. This decision impacts on the validity of some of the penalties made available under the Model Code of Conduct Procedures and thereby the Council’s adopted Code of Conduct Procedures.
The Office of Local Government is considering the implications of the decision and will provide further advice. In the meantime, it is discouraging Councils from imposing penalties on councillors other than:
· Formal censures under Section 440G of the Local Government Act (Cl 7.59(h) and (i) of the Procedures); and/or
· Making findings of inappropriate conduct by councillors public by publishing the investigator’s findings and determination in the minutes of the meeting (Cl 7.59((f) of the Procedures).
The implications are limited to the conclusion of an investigation of a Code of Conduct complaint at the stage when a report on an Investigation is presented to the Council. Should Council be in this position prior to further guidance being made available by the Office of Local Government, further advice will be sought and provided to Council.
The decision does not affect the ability of the Chief Executive Officer and conduct reviewers/investigators to informally resolve Code of Conduct complaints against councillors by alternative means such as, but not limited to, explanation, counselling, training, mediation, informal discussion, negotiation, a voluntary apology or an undertaking not to repeat offending behaviour.
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CL19.373 Office of Local Government Guideline - A New Risk Management and Internal Audit Framework for Local Councils in NSW
HPERM Ref: D19/429820
Section: Executive Strategy
Approver: Stephen Dunshea, Chief Executive Officer
Attachments: 1. Draft Submission - OLG - A New Risk Management and Internal Audit Framework for Local Councils ⇩
Reason for Report
Note: This item was deferred from the Ordinary meeting of 17 December 2019. This item required submission to the Office of Local Government prior to 31 December 2019. On the advice of the Office of Local Government the CEO has lodged the submission whilst awaiting the final endorsement by Council.
The purpose of this paper is to provide Council’s submission in response to the Office of Local Government Guideline on ‘A New Risk Management and Internal Audit Framework for Local Councils in NSW’.
That Council endorse the Draft Submission (as attached) to the Office of Local Government in response to their proposal on Office of Local Government Guideline on ‘A New Risk Management and Internal Audit Framework for Local Councils in NSW’ and submit to the OLG prior to the 31 December 2019 deadline.
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Options
1. As recommended.
Implications: The submission will be made to the office of Local Government as attached.
2. That the submission be amended.
Implications: Amendments to the submission may be included and detailed in the Council Resolution
3. That the Council does not make a submission.
Implications: The issues identified by the Council staff and Audit, Risk and Improvement Committee will not be provided to the Office of Local Government for consideration.
Background
A discussion paper has been released by Office of Local Government on ‘A New Risk Management and Internal Audit Framework for Local Councils in NSW’ (https://www.olg.nsw.gov.au/content/new-risk-management-and-internal-audit-framework-local-councils-nsw) to propose how councils should establish and implement risk and audit functions.
This discussion paper has originated from the amendments made to the Local Government Act in 2016 which requires each council to be financially sustainable, continuously review its regulatory functions, operate honestly, efficiently, appropriately, and have sound decision-making and risk management practices (s8A – 8C and 223).
The Act amendments also require that each Council establish an Audit, Risk and Improvement Committee (ARIC) as a third line of defence to continuously review and provide independent advice and assurance on Council’s first and second lines of defence. The Local Government Act also envisages the establishment of a Risk Management Framework and Internal Audit Function in each council to support the work of the Committee.
Thus, OLG is consulting on the proposed regulatory framework. Submissions on the proposal are due on 31 December 2019.
The model proposes nine core requirements. The core requirements are based on the international standards and the experience of Australian and NSW Government public sector agencies who already have implemented risk management and internal audit.
Shoalhaven City Council already has comprehensive internal audit and risk management functions that are well-supported by a high-functioning and effective Audit, Risk and Improvement Committee - formed under the guidelines issued by OLG under s23A the Local Government Act 1993 in September 2010. It is acknowledged that elements of the changes proposed under the OLG framework provide the opportunity to enhance our existing framework to become a best practice business assurance model for local government in NSW.
A summary on the key additional changes as proposed by OLG is summarised in the table below:
Core Requirement |
Key additional changes proposed by OLG |
Impact on Council |
|
1 |
Appoint an independent Audit, Risk and Improvement Committee (ARIC). |
§ ARIC to be composed of independent members only. § ARIC members to be recruited from panel administered by NSW government. Renumeration to be based on the panel rates. § ARIC to review the implementation of strategic plan, delivery program and strategies. § ARIC to be provided direct and unrestricted access to council resources and staff to perform its function. |
§ Currently Councillors are included in the ARIC committee and provide valuable contributions and insights to the process § Council currently utilises the panel and alternative options for recruitment. No significant change § This would result in additional requirements being undertaken by the ARIC to monitor plans § ARIC are already provided with staff resources. Additional resources could be provided as needed. |
2 |
Establish a risk management framework consistent with current Australian risk management standards. |
§ Implement an integrated risk management framework and approach which applies to all council activities and risks. § Governing body to provide resources to implement a risk management framework and deliver risk treatments and controls. § ARIC to advise the governing body on the resource requirement. § Governing body will be responsible for approving key elements of the risk management framework. § Council to implement a risk management plan that provides structure on how council will implement its risk management policy and conduct its activities. § Risk management plan to be endorsed by ARIC. § Risk management framework to be integrated to all council’s decision-making processes, governance structures, operational procedures and IP&R processes. § Risk Management Coordinator position required for the day to day activities required to implement the council’s risk management framework. § Senior management to establish and maintain an ongoing monitoring and review process for the information gathered from council’s risk management process. § Performance targets are to be set annually by the senior management group, in consultation with the general manager and the ARIC. § ARIC to provide an annual assessment of the council’s risk management framework as part of its annual assurance report to the governing body of the council. |
§ A risk framework is currently in place. Additional work would be required to meet specifications of ISO31000. § Some additional resource allocation may be needed to establish the framework requirements § Risk management is currently managed through HR/Governance Manager § Ongoing monitoring is currently in place however improvements and additional specifications would be required to be implemented as per the guidelines. |
3 |
Establish an internal audit function mandated by an Internal Audit Charter. |
§ ARIC to advise the governing body of the resources required for the internal audit activities. § The general manager to be responsible for the administrative delivery of council’s internal audit function. |
§ Additional operational function for ARIC relating to allocation of resources. § Currently Council meets requirements for independent and dedicated internal audit resource and internal functioning of this position. § GM is currently responsible for the IA function within the CEO group |
4 |
Appoint internal audit personnel and establish reporting lines. |
§ The general manager to consult with the chair of the ARIC before appointing or dismissing the Chief Audit Executive. § If the Chief Audit Executive is dismissed, the general manager is to report to governing body advising the reasons why the Chief Audit Executive was dismissed. § The internal audit function, including the appointment of the internal audit person is to be overseen by the Chief Audit Executive. § The Chief Audit Executive must be a council employee and cannot be outsourced. |
§ The IA function is an internal resource within the organisation. The recruitment of this resource is overseen by the GM/CEO. § Any dismissal or change to this resource would follow standard Council procedures. Advice can be provided to the ARIC committee as required. |
5 |
Develop an agreed internal audit work program. |
§ Develop a four-year strategic plan with alignment to council’s integrated planning and reporting framework and timetable. § The four-year strategic plan is to be developed in consultation with ARIC, governing body, general manager and senior managers. § Quality assurance and improvement program to collect data and information required to review the council’s internal audit activities. Performance indicators to be set annually by the ARIC in consultation with the Chief Audit Executive and the general manager. |
§ Currently a three year strategic plan is developed for the ARIC. This can be aligned to a four year plan and the IP&R framework if required § Additional engagement and strategic work to develop this plan would be required if the new guidelines were adopted. § Performance indicators are currently set via Council’s IPR framework and reported annually to Council. This could be advised to the ARIC to include their feedback and comment. |
6 |
How to perform and report internal audits. |
§ Chief Audit Executive is to ensure that the council develops and maintains policies and procedures to guide the operation of the internal audit function and the performance of internal audits. § The ARIC is to review and provide advice to the general manager of the council on all internal audit policies and procedures before they are finalised. § The general manager will have a maximum of ten working days to approve and provide the council’s response to the Committee on the internal audit report recommendations. § The governing body can also request access to internal audit information via a resolution of the council. The ARIC is to decide the governing body’s request. Any disputes between the governing body and the committee are to be referred to the Office of Local Government for resolution.
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§ Currently the IA function is supported and governed by the IA Charter, ARIC Charter, Internal Plan and IP&R performance measures. Additional or alternative policies could be developed if required. § Generally, the standard practice is for comments to be made on reports within a 10 day period. There are times when this measure is not met, and additional time is required to consider and respond to the report. § Currently all confidential IA reports/information is not provided to the governing body. Currently the minutes of the ARIC meeting are provided. If requested provision of information can occur. |
7 |
Undertake ongoing monitoring and reporting. |
§ The governing body of the council is to be advised of the internal audits undertaken and progress made implementing corrective actions and any significant or emerging risk issues after each quarterly meeting of the ARIC.
|
§ Council is currently provided with an Annual Report from the ARIC. This could be adjusted to a quarterly report if required. This will require some additional administrative work to be undertaken. |
8 |
Establish a quality assurance and improvement program. |
§ External assessment of council’s assurance activities is to be conducted at least once every council term by a qualified, independent assessor according to the IPPF quality assessment framework. § Annual attestation statements to be issued by the GM annually. |
§ The last assessment was conducted in 2014. It would be timely for another assessment to be conducted in the new term of Council in 2020/21 |
9 |
Councils can establish shared internal audit arrangements. |
N/A |
§ Dedicated resource is already established. |
OLG is seeking submissions on the following questions on the proposal:
1. Will the proposed internal audit framework achieve the outcomes sought?
2. What challenges do you see for your council when implementing the proposed framework?
3. Does the proposed framework include all important elements of an effective internal audit and risk framework?
4. Is there anything you don’t like about the proposed framework?
5. Can you suggest any improvements to the proposed framework?
The draft proposal attached addresses the above questions from OLG.
Community Engagement
The Audit, Risk and Improvement Committee has been updated on the proposal. Their feedback is reflected on the draft submission.
Policy Implications
Shoalhaven City Council has had an established ARIC for some time, which includes Independent, Councillor and Executive Members.
Council’s ARIC operates to a very high standard and has an existing Charter in place, which is followed by the Committee. This proposed change may require amendments to the Charter and the structure of the Committee. The Office of Local Government has proposed transitional timeline from March 2021 to 2026 for the implementation of the nine core requirements once legislated.
Financial Implications
The implementation of the nine core requirements as proposed will require additional resource and budget allocations.
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CL19.374 Grant Acceptance - Environment and Tourism Fund - Shoalhaven Sustainable Tourism Infrastructure Package
HPERM Ref: D19/433043
Section: Tourism
Approver: Stephen Dunshea, Chief Executive Officer
Reason for Report
Note: This item was deferred from the Ordinary meeting of 17 December 2019. To progress this matter in the interim a Draft deed has been submitted to Restart NSW (Treasurer) for review. It is anticipated that it will be returned to Council by Mid- February 2020 for signature.
Council made an application under the Restart NSW Environment and Tourism Fund for the Shoalhaven Sustainable Tourism Infrastructure Package and has been informed that the application has been approved and funding offers have been received.
That Council: 1. Accept the grant of $5,300,000 from the Restart NSW Environment and Tourism Fund for the Shoalhaven Sustainable Tourism Infrastructure Package. 2. Authorise the CEO to sign the funding agreements with the NSW Government for the above project. 3. Source the matching contributions for the project, totalling $1,500,000, from the Capital Works Program budgets over the period 2021/22 to 2022/23.
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Options
1. The recommendation be accepted as written.
Implications: The grant offer is accepted, and Council will provide the additional funds in accordance with the financial implications contained in the previous report to Council in January 2019 - MIN19.34 (with updated financial year allocation):
That Council:
1. Note the Expression of Interest submitted for the Shoalhaven Sustainable Tourism Infrastructure Package under the State Government’s Regional Growth Environment and Tourism Fund Round 2 for information.
2. Endorse the action taken by staff in preparing a Detailed Application for submission by 1 February 2019 for the Shoalhaven Sustainable Tourism Infrastructure Package at a project cost of $6.88M.
3. Commit $1.5M over the period 2018/19 to 2020/21 as its co-contribution towards the Shoalhaven Sustainable Tourism Infrastructure Package should the application be successful to be funded in future years Capital Works Programs.
4. Receive a further report on the progress of Council’s Detailed Application as information is received.
5. Council receive a report to Strategy and Assets regarding the previous Notice of Motion for Tourism Funding submitted by Clr Proudfoot.
2. The recommendation be amended.
3. An alternative resolution be proposed.
4. Grant offers be refused by resolution.
Background
In September 2018 Council staff submitted an Expression of Interest (EOI) to Round Two, Stream One of the State Government’s Regional Growth – Environment and Tourism Fund (RGETF) for a suite of projects collectively titled the “Shoalhaven Sustainable Tourism Infrastructure Package”.
Submission under the Fund allowed for large scale projects with a minimum grant request of $5 million for regionally iconic tourism activation projects with an applicant co-contribution greater than 25%.
The decision to submit the EOI at short notice arose after significant and ongoing feedback regarding the need for improved tourism infrastructure in several locations throughout the region and this grant program being a great opportunity to fast track a suite of projects that would enhance the visitor experience and local amenity at various locations in the Shoalhaven.
The total estimated cost of the package of proposed works in the submission was $6.88M – and in order to give Council’s EOI a better chance to progress, a 30% co-contribution of $1.58M was nominated – noting that this includes an $80,000 contribution from the Ulladulla Local Aboriginal Land Council.
We were informed on 16 November 2018 that Council’s EOI had been shortlisted to proceed to Detailed Application and staff worked on the detailed submission which was due on 1 February 2019.
On 22 October 2019 we were informed that our detailed application had been successful.
The Shoalhaven Sustainable Tourism Infrastructure Package is a showcase of the iconic coastline of the Shoalhaven. It promotes sustainable nature-based, cultural and accessible tourism through a series of foreshore walks and other projects across the local government area. These projects highlight a range of natural areas, enabling the sustained growth of tourism in the area through a diversified offering that actively manages existing tourism hot spots, while encouraging visitors to explore new opportunities.
The project focuses on three key areas – nature-based attractions, Indigenous heritage and equal access opportunities – all of which are recognised as being foundations for attracting and integrating tourism to the area in a way that is both respectful and engaging to a wide audience.
In undertaking the project there are a number of key projects that will be delivered; community consultation will be undertaken during project implementation, where not previously undertaken and as necessary.
Deliverables include (from north to south):
· Deliverable 1 – Vincentia / Plantation Point Inclusive Beach Access Project – The Plantation Point area is a popular beach access location on the shores of Jervis Bay. The project is located on the Barfleur Beach side of the Point, which is home to the Vincentia Sailing Club and a beach which is known for its gentle and protected access point. The facilities will enable equitable access for all and be a key inclusive tourism drawcard for the area. Funding has been received for part of these works, though the remaining elements as set out in the project costs are identified for implementation of the entire project. The works will include:
o Beach access ramps down to the beach (funding already available)
o General amenities including disability access facilities (partial funding available)
o Adult lift and change amenities facility
o New accessible pathways between change facilities, parking and beach access ramps
o New accessibility compliant car parking spaces
· Deliverable 2 – Sanctuary Point / Palm Beach – A waterfront public open space in one of the most popular fishing and boating destinations on the NSW South Coast – St Georges Basin. The project will provide upgraded equal access from the amenities (disabled compliant) to the car parking area, beach and open spaces areas, where a loop pathway and new accessible BBQ and picnic shelter facilities are to be provided. The works will include:
o BBQ and shelters in two locations
o New accessible pathways and loop between carpark, open space, beach and amenities
o New access pathway from Palm Beach up to the adjoining Greville Avenue and through to other shared paths and to Bherwerre Wetlands (see further below)
o Upgrades around the existing compliant amenities building
o Carpark improvements
· Deliverable 3 – Basin Walking Track – This project will see the upgrade of the existing basic track to a regional level raised boardwalk / waterfront walkway connecting the western end of the existing Basin Walking Track to Palm Beach and beyond to the Bherwerre Wetland walks, and further again to the shared pathways that connect on to the Round the (Jervis) Bay walk further north. The paths would generally be, or be near to, disability compliant standards wherever possible, again focusing on nature-based attractions with high levels of accessibility. Works will include:
o A mixture of gravel and raised boardwalk style trails traversing low-lying areas around St Georges Basin waterbody
o A new shared pathway to link Palm Beach to the Bay and Basin Shared Path network via the Bherwerre Wetland
· Deliverable 4 – Bherwerre Wetland – The Bherwerre Wetland area connects to the Basin Walking Track and shared path which in turn connects Jervis Bay and Sanctuary Point / St Georges Basin. The grant works will facilitate the construction of the hard infrastructure whilst not jeopardising the site as a future biodiversity stewardship and offset site in the future. The area contains a number of vegetation types and is ideal for nature-based activities including bird watching, bush walking and environmental education. Part of the project will provide disability compliant parking and pathways around the eastern portion of the site. Works will include:
o A mixture of gravel and raised boardwalk style trails, including fully accessible component
o New disabled compliant parking spaces connecting to the accessible pathway on the eastern edge of the wetland
o Viewing and rest areas with seating and interpretative information
· Deliverable 5 – Hyams Beach – As a high-profile tourism hotspot, the Hyams Beach project will provide a range of infrastructure works to support a more sustainable level of visitation to what has become one of the most iconic destinations on the NSW South Coast. Project works will include a range of accessibility improvements, including all-access amenities, pathways and viewing opportunities.
· Deliverable 6 – Ulladulla Headland / Warden Head walking trails – To be undertaken in conjunction with the Ulladulla Local Aboriginal Land Council (ULALC) and incorporating the Coomee Nulunga Cultural Trail, the project will support Indigenous tourism opportunities and incorporate the local Aboriginal community’s guided tours. The project includes provision of comprehensive improvements to both the North Head Walking Trail and to the Warden Head on the southern headland – with existing pathways and recently constructed links being used to provide access between the two. Both projects will seek to improve accessibility through re-surfacing and other improvements, with "One Track for All" being upgraded with a view to increasing accessibility and compliance with disability standards wherever possible. The works will include:
o Replacement of the Bunaan sculpture (current commission by the ULALC as in-kind contribution to the project)
o New boardwalks and track improvements in areas of Coomee Nulunga Cultural Trail
o Viewing area and interpretative signage on both headlands
o Resurfacing and trail improvements to the North Head Walking Trail
· Deliverable 7 – Murramarang Coastal Walk – Which will see the substantial expansion of the Murramarang Coastal Walk, which has received partial funding via National Parks and Wildlife Service within the existing national park areas, particularly the Murramarang National Park. The project is a significant opportunity for the southern Shoalhaven area, with links provided from the north and to the south to extend the walk from Narrawallee / Mollymook through to Bawley Point – a total distance of approximately 45km. The works will include:
o New or upgraded beach access points
o A section of new track construction
o Directional bollards and interpretative signage
There is no doubt that the proposed infrastructure works will have the consequence of growing, diversifying and sustaining growth in the visitor economy of the Shoalhaven and South Coast areas through highlighting areas of nature-based, cultural and accessible tourism opportunity.
Community Engagement
This is varied for each project. Many letters of support were received from parties with an interest in the projects and these were submitted in support of the application.
Formal community consultation is also included in the project timelines.
Policy Implications
The projects are consistent with Council’s adopted Delivery Program.
Financial Implications
The Council contributions required are:
$1.5M will be included in the Capital Works Program budgets over the period 2021/22 to 2022/23. This contribution was previously reported to Council in January 2019 – MIN19.34 as being allocated from the 2019/20 to 2021/22, due to the length of time between application and allocation financial year contributions have been updated.
The grant application also included provision for project management costs which will enable direct resourcing to deliver these exciting projects as soon as possible.
Risk Implications
The infrastructure projects are within the scope and expertise of Council staff to manage with delivery by contractors determined through Council’s Procurement Policy, with application of tender or quotation processes.
Construction risks will be managed by the Project Manager and transferred to contractors for on-ground works. Financial risks will be managed by the Project Manager under the direction of Council executive and management. Reputational risk will be managed by the expertise of Council staff and the Project Manager with close adherence to NSW Government directions, Council Policies and Procedures and appropriate Community engagement.
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CL19.377 Investment Report - November 2019
HPERM Ref: D19/431618
Section: Finance
Approver: Jane Lewis, Acting Director Finance Corporate & Community Services
Attachments: 1. Monthly Investment Report - Shoalhaven City Council - November 2019 (under separate cover) ⇨
Reason for Report
Note: This item was deferred from the Ordinary meeting of 17 December 2019.
In accordance with section 625 of the Local Government Act 1993 and Clause 212 of the Local Government (General) Regulation, a written report is provided to Council setting out the details of all money it has invested.
That: 1. The report of the Chief Executive Officer (Finance, Corporate & Community Services Group) on the Record of Investments for the period to 30 November 2019 be received for information. 2. Council note Council’s investment portfolio returned a solid 2.16% for the month of November 2019, exceeding the benchmark AusBond Bank Bill Index (1.00% pa) by 116 basis points (1.16%)
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Options
1. The report on the Record of Investments for the period to 30 November 2019 be received for information
Implications: Nil
2. Further information regarding the Record of Investments for the period to 30 November 2019 be requested
Implications: Nil
3. The report of the Record of Investments for the period to 30 November 2019 be received for information, with any changes requested for the Record of Investments to be reflected in the report for the period to 31 December 2019
Implications: Nil
Background
Please refer to the attached monthly report provided by Council’s Investment Advisor, CPG Research and Advisory Pty Ltd.
As noted in the report, cash increased from last month to a relatively high 18% this is due to the rates instalment due date falling over a weekend at the end of November.
Portfolio Return
Council’s investment portfolio returned a solid 2.16% for the month of November 2019, exceeding the benchmark AusBond Bank Bill Index (1.00% pa) by 116 basis points (1.16%).
The following graph shows the performance of Council’s investment portfolio against the benchmark on a rolling twelve (12) month basis. As can be seen, performance has consistently exceeded the benchmark due to the mix of Council’s investment portfolio.
Interest Earned – November 2019
The following table shows the interest earned for the month of November 2019. The interest earned for the month of November was $364,752; which was $8,563 below the current budget.
Interest Earned - Year to Date
The following table shows how the interest earned year to date actual dollars against the total budget forecast dollars is performing with 42% of the year passed - the interest earned to the month of November was $2,003,447, 44.11% of the current full year budget.
Appropriate budget adjustments to decrease General Fund (developer contributions interest) and increase Water Fund interest are being recommended as part of the September quarterly budget review.
The graphs below illustrate the cumulative interest earned for the year for each fund against original budget.
Restricted Asset Movements
The table below lists the major movements in Restricted Assets:
Total Cash |
+$10,951,773 |
Rates instalment month |
Sewer Fund |
+$3,308,900 |
Reduced expenditure on projects |
Grant Reserve |
+$1,279,229 |
Additional grant funds received |
Financial Assistance Grant |
-$1,574,829 |
Quarterly recognition of FAG received in advance |
Unrestricted Cash |
+$5,212,864 |
November was a rates instalment month
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Financial Implications
It is important for Council to be informed about its investments on a regular basis. Revenue from interest forms a vital part of Council’s revenue stream.
Statement by Responsible Accounting Officer
I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulations 2005 and Council’s Investments Policy POL18/57
Vanessa Phelan Date: 10 December 2019
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CL20.15 Investment Report - December 2019
HPERM Ref: D20/12621
Section: Finance
Approver: Jane Lewis, Acting Director Finance Corporate & Community Services
Attachments: 1. Investment Advisor Report - December 2019 (under separate cover) ⇨
Reason for Report
In accordance with section 625 of the Local Government Act 1993 and Clause 212 of the Local Government (General) Regulation, a written report is provided to Council setting out the details of all money it has invested.
That 1. The report of the Chief Executive Officer (Finance, Corporate & Community Services Group) on the Record of Investments for the period to 31 December 2019 be received for information. 2. Council note Council’s investment portfolio returned a satisfactory 2.02% for the month of December 2019, exceeding the benchmark AusBond Bank Bill Index (0.85% pa) by 117 basis points (1.17%)
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Options
1. The report on the Record of Investments for the period to 31 December 2019 be received for information
Implications: Nil
2. Further information regarding the Record of Investments for the period to 31 December 2019 be requested
Implications: Nil
3. The report of the Record of Investments for the period to 31 December 2019 be received for information, with any changes requested for the Record of Investments to be reflected in the report for the period to 31 January 2020
Implications: Nil
Background
Please refer to the attached monthly report provided by Council’s Investment Advisor, CPG Research and Advisory Pty Ltd.
As noted in the report, T-Corp Cash Fund returns have reduced, and these funds will be redirected into direct asset investments in the new year.
Portfolio Return
Council’s investment portfolio returned a satisfactory 2.02% for the month of December 2019, exceeding the benchmark AusBond Bank Bill Index (0.85% pa) by 117 basis points (1.17%).
The following graph shows the performance of Council’s investment portfolio against the benchmark on a rolling twelve (12) month basis. As can be seen, performance has consistently exceeded the benchmark due to the mix of Council’s investment portfolio.
Interest Earned – December 2019
The following table shows the interest earned for the month of December 2019. The interest earned for the month of December was $360,337; which was $26,611 below the current budget.
Interest Earned - Year to Date
The following table shows how the interest earned year to date actual dollars against the total budget forecast dollars is performing with 50% of the year passed - the interest earned to the month of December was $2,363,784, 51.88% of the current full year budget.
The graphs below illustrate the cumulative interest earned for the year for each fund against original budget.
Please Note: there has been no adjustment to the Sewer Fund interest budget
Restricted Asset Movements
The table below lists the major movements in Restricted Assets:
Total Cash |
-$9,713,114 |
Not a rates instalment month |
Sewer Fund |
-$2,523,640 |
Expenditure on projects |
Grant Reserve |
-$1,087,127 |
Expenditure on projects |
Other Internal Reserves |
+$745,006 |
Sale of Southern Phone shares |
Unrestricted Cash |
-$6,712,241 |
December was a not rates instalment month |
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Financial Implications
It is important for Council to be informed about its investments on a regular basis. Revenue from interest forms a vital part of Council’s revenue stream.
Statement by Responsible Accounting Officer
I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulations 2005 and Council’s Investments Policy POL19/72
Olena Tulubinska Date: 17 January 2020
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CL20.16 Variations to Development Standards - December Quarter 2019
HPERM Ref: D20/9396
Section: Development Services
Approver: Phil Costello, Director Planning Environment & Development Group
Reason for Report
Council is required to consider variations to development standards (contained in an environmental planning instrument such as the Shoalhaven Local Environmental Plan) which exceed 10%, with lesser variations able to be dealt with by staff, under delegation.
Council is also required to report the variations to the full Council and thereafter the Department of Planning and Environment.
That Council receive the Variations to Development Standards – December Quarter Report 2019 for information and forward a copy of this report and table (in the standard format required by the Department) to the Department of Planning and Environment in accordance with the requirements specified in Circular PS18-003 Variations to development standards.
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Options
1. Receive the report for information and forward the report to the Department.
Implications: Council will be complying with the reporting provisions as detailed in Circular PS18-003 Variations to development standards.
2. Resolve an alternative and provide details to staff.
Implications: Depending on what is resolved, the Council would need to ensure compliance observing that the Department undertakes periodic audits.
3. Receive the report for information and forward the report to the Department.
Implications: Council will be complying with the reporting provisions as detailed in Circular PS18-003 Variations to development standards.
4. Resolve an alternative and provide details to staff.
Implications: Depending on what is resolved, the Council would need to ensure compliance observing that the Department undertakes periodic audits.
Background
Function of SEPP 1 and clause 4.6
SEPP 1 and clause 4.6 allow flexibility in the application of development standards by allowing the consideration of development proposals that meet the objective of a development standard but not its stated value.
SEPP 1 and clause 4.6 permit an applicant to object to development standards on the grounds that they are unreasonable, unnecessary or would result in poor planning outcomes.
When the consent authority is satisfied the objection under SEPP 1 or clause 4.6 is well founded it may, with the concurrence of the Secretary of the Department of Planning and Environment, grant consent to that Development Application (DA) notwithstanding the subject development standard.
The Secretary of the Department of Planning & Environment has delegated to councils assumed concurrence to use SEPP 1 or clause 4.6 in respect of most types of development.
Monitoring of council use of SEPP 1 and clause 4.6
Councils are required to monitor their use of the Secretary’s assumed concurrence under SEPP 1 and clause 4.6 and report to the Department of Planning and Environment on that usage on a quarterly basis. The Department has been systematically monitoring council quarterly SEPP 1 and clause 4.6 returns since June 2008.
Monitoring and auditing councils’ use of SEPP 1 and clause 4.6 enables the Department to check whether councils are keeping accurate records of the use of SEPP 1 and clause 4.6, to assess whether any particular development standards are being regularly varied by a council and may require review, and to detect anomalies (e.g. exceeding of delegations) if they are occurring.
Note that SEPP 1 and SEPP (Miscellaneous Provisions) 2007 will be repealed on 1 February 2020. Shoalhaven LEP 1985 has been or will be amended to insert exceptions to development standard provisions.
Planning Circular PS18-003 Variations to development standards, dated 21 February 2018
The Circular states:
· Applications for variations to development standards cannot be considered without a written application objecting to the applicable development standard and addressing the matters required to be addressed in the relevant instrument.
· A publicly available online register is to be established, and its currency maintained, of all variations to development standards approved by council or its delegates. This register must include the development application number and description, the property address, the standard to be varied and the extent of the variation.
· A report of all variations approved, either by council or its delegates, must be submitted to developmentstandards@planning.nsw.gov.au within 4 weeks of the end of each quarter (i.e. March, June, September and December). Such report must be on the form provided by the Department.
· A report of all variations approved under delegation by staff must be provided to a full council meeting at least once each quarter.
The Circular concludes:
The Department will continue to carry out random audits to ensure the above monitoring and reporting measures are complied with. The Department and the NSW Independent Commission Against Corruption will continue to review and refine the audit strategy.
Should ongoing non-compliance be identified with one or more consent authorities, the Secretary will consider revoking the notice allowing concurrence to be assumed, either generally for a consent authority of for a specific type of development.
Conclusion
Upon receipt of this report, the report and table will be provided to the Department. The table is provided to the Department in the form of a spreadsheet. The table below is based on the spreadsheet but simplified for easier reading.
The table is published as soon as practicable at the close of each quarter on Council’s webpage.
Table – Variations December Quarter 2019
DA |
Lot |
DP |
Street # |
Street Name |
Suburb |
Post Code |
Description |
Standard Varied |
Extent of Variation |
Decision |
Date |
DA 18/2040 |
C |
322973 |
15 |
Hawke St |
Huskisson |
2540 |
Shop Top Housing – 8 Dwg and 3 retail premises. |
Height cl4.3 SLEP14 |
%5.50% |
Del Auth |
23 Dec 2019 |
|
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Ordinary Meeting – Tuesday 28 January 2020 Page 0 |
Local Government Amendment (governance & planning) act 2016
Chapter 3, Section 8A Guiding principles for councils
(1) Exercise of functions generally
The following general principles apply to the exercise of functions by councils:
(a) Councils should provide strong and effective representation, leadership, planning and decision-making.
(b) Councils should carry out functions in a way that provides the best possible value for residents and ratepayers.
(c) Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community.
(d) Councils should apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements.
(e) Councils should work co-operatively with other councils and the State government to achieve desired outcomes for the local community.
(f) Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way.
(g) Councils should work with others to secure appropriate services for local community needs.
(h) Councils should act fairly, ethically and without bias in the interests of the local community.
(i) Councils should be responsible employers and provide a consultative and supportive working environment for staff.
(2) Decision-making
The following principles apply to decision-making by councils (subject to any other applicable law):
(a) Councils should recognise diverse local community needs and interests.
(b) Councils should consider social justice principles.
(c) Councils should consider the long term and cumulative effects of actions on future generations.
(d) Councils should consider the principles of ecologically sustainable development.
(e) Council decision-making should be transparent and decision-makers are to be accountable for decisions and omissions.
(3) Community participation
Councils should actively engage with their local communities, through the use of the integrated planning and reporting framework and other measures.
Chapter 3, Section 8B Principles of sound financial management
The following principles of sound financial management apply to councils:
(a) Council spending should be responsible and sustainable, aligning general revenue and expenses.
(b) Councils should invest in responsible and sustainable infrastructure for the benefit of the local community.
(c) Councils should have effective financial and asset management, including sound policies and processes for the following:
(i) performance management and reporting,
(ii) asset maintenance and enhancement,
(iii) funding decisions,
(iv) risk management practices.
(d) Councils should have regard to achieving intergenerational equity, including ensuring the following:
(i) policy decisions are made after considering their financial effects on future generations,
(ii) the current generation funds the cost of its services
Chapter 3, 8C Integrated planning and reporting principles that apply to councils
The following principles for strategic planning apply to the development of the integrated planning and reporting framework by councils:
(a) Councils should identify and prioritise key local community needs and aspirations and consider regional priorities.
(b) Councils should identify strategic goals to meet those needs and aspirations.
(c) Councils should develop activities, and prioritise actions, to work towards the strategic goals.
(d) Councils should ensure that the strategic goals and activities to work towards them may be achieved within council resources.
(e) Councils should regularly review and evaluate progress towards achieving strategic goals.
(f) Councils should maintain an integrated approach to planning, delivering, monitoring and reporting on strategic goals.
(g) Councils should collaborate with others to maximise achievement of strategic goals.
(h) Councils should manage risks to the local community or area or to the council effectively and proactively.
(i) Councils should make appropriate evidence-based adaptations to meet changing needs and circumstances.