Agenda of Ordinary Meeting

Ordinary Meeting

Meeting Date: Tuesday, 24 March, 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 - 25 February 2020

6. Declarations of Interest

7. Call Over of the Business Paper

8. Presentation of Petitions

9. Mayoral Minute

10. Deputations and Presentations

· Presentations to Australia Day Award Recipients

11. Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

CL20.42....... Rescission Motion - SA20.37 Hyams Beach - Paid Parking Investigations.. 1

CL20.43....... Notice of Motion - Sporting Facilities.............................................................. 2

CL20.44....... Notice of Motion - International Women's Day - Domestic Violence............. 3

CL20.45....... Notice of Motion - Community Led Bay & Basin Strategic Plan - Funding Allocation........................................................................................................................ 4

12. Committee Reports

CL20.46....... Report of the Strategy & Assets Committee - 10 March 2020...................... 7

SA20.32...... Update Bay & Basin Community Hub

SA20.33...... Outcome of Trial Winter Operations - Huskisson & Ulladulla Sea Pools

SA20.40...... Variation of Easement - 23 Cater Crescent Sussex Inlet

SA20.41...... Creation of an Asset Protection Zone over Council land - Lot 46 DP 11629 Bowen St, Tomerong

SA20.42...... Wondalga Farm - Disaster Assistance for Local Farmers - Immediate & Future Use.

SA20.45...... Extinguishment of Water Supply Easement - Lot 104 Moona Street Huskisson

SA20.46...... Payment of Dividend from Shoalhaven Water 2018-19

CL20.47....... Report of the Nowra CBD Revitalisation Strategy Committee - 5 February 2020...................................................................................................................... 10

CBD20.5..... Additional Item - Resignation - Annie Aldous

CL20.48....... Report of the Aboriginal Advisory Committee - 17 February 2020.............. 11

AA20.6........ Additional Item - Big Foot Adventures DA Compliance

CL20.49....... Report of the Youth Advisory Committee - 26 February 2020.................... 12

YA20.5........ Additional Item - Youth Representation at Council Events - Youth representatives to be involved in future planning

CL20.50....... Report of the Shoalhaven Arts Board - 27 February 2020.......................... 13

AB20.1........ Bomaderry Community Inc. Public Art Proposal - Shoalhaven Indoor Sports Centre

AB20.4........ Shoalhaven City Art Collection - Storage Needs for Continued Growth.

AB20.6........ Funding Needs for Shoalhaven Regional Gallery Exhibition Program 2020.

AB20.7........ Shoalhaven Arts Foundation - Funding and way forward

AB20.8........ Recommended priorities for additional funding

AB20.10...... District Library at Sanctuary Point - Progress Report

CL20.51....... Report of the Aboriginal Advisory Committee - 11 March 2020.................. 16

AA20.11...... Additional Item - Cullunghutti Plan of Management

AA20.12...... Additional Item - Huskisson Church Development

AA20.13...... Additional Item - Huskisson Church Development - Aboriginal Advisors

AA20.14...... Additional Item - Huskisson Church Development - Decision Making

AA20.10...... Youth Membership Appointment

CL20.52....... Report of the Shoalhaven Traffic Committee - 10 March 2020................... 18

TC20.13...... Signage and Linemarking - Lake Conjola Boat Ramp Carpark - Lot 487 DP 861543 (PN 3586)

TC20.14...... Pedestrian Refuge Upgrades - Leo Drive - Matron Porter Drive - Narrawallee (PN 3587)

TC20.15...... One Way Signage and Linemarking - Moona Moona Creek Reserve - Huskisson (PN 3588)

13. Reports

CEO Group

CL20.53....... Bushfire Recovery Update Report from Local Recovery Coordinator - Mr Vince Di Pietro............................................................................................................. 23

CL20.54....... Quarterly Progress Report - Councillors' Notices of Motion........................ 31

CL20.55....... Audit Risk and Improvement Committee - Fee Increase............................. 32

Finance Corporate & Community Services

CL20.56....... Ongoing Register of Pecuniary Interest Returns - 7 December 2019 to 13 March 2020...................................................................................................................... 35

CL20.57....... Local Government Conference - 2020 National General Assembly of Local Government - Proposed Motions................................................................. 37

CL20.58....... Investment Report - February 2020............................................................. 43

Planning Environment & Development

CL20.59....... Petition asking Council to declare a climate emergency in the Shoalhaven 49

CL20.60....... Coastal and Estuary Grants Program- Implementation Stream 2019-20 - Two Grant Offer - Preparation of Shoalhaven Environmental Monitoring Program & Shoalhaven Beach Asset Management Strategy............................................................. 53

14. Confidential Reports

Committee Reports

CCL20.3...... Report of the Strategy & Assets Committee - 10 March 2020

CSA20.4...... Proposed Purchase of Land - Worrigee

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.

CSA20.5...... Land Acquisition Matters - Bangalee & Cambewarra Localities

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.

CSA20.6...... Fee Waiver - Interment fees

Local Government Act - Section 10A(2)(b) - Discussion in relation to the personal hardship of a resident or ratepayer.

There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal an individual’s personal information or contravene an information protection principle under the Privacy and Personal Information Protection Act 1998 or a Health Privacy Principle under the Health Records and Information Privacy Act 2002.

Ordinary Meeting – Tuesday 24 March 2020

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CL20.45 Notice of Motion - Community Led Bay & Basin Strategic Plan - Funding Allocation

HPERM Ref: D20/93534

Submitted by: Clr Patricia White

Clr Bob Proudfoot

Purpose / Summary

The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.

Recommendation

That Council

1. Consider a funding allocation $35,000 to provide financial assistance for the preparation of a Community Led Strategic Plan for the Bay & Basin area.

2. Project management will be provided by the Bay & Basin Community Financial Services Board who will co-ordinate and lead this ‘community led’ project.

3. Allocate resources from its Economic Development Team to assist and provide Council feedback into the development of a Community Led Strategic Plan for the Bay & Basin area.

Background

In November 2017 Council resolved to recognise the following Community Led Strategic Plans:

· Shoalhaven Heads Community Strategic Plan

· Berry Community Strategic Plan

· Lake Conjola Strategic Plan

· Sussex Inlet Resilience Plan

Prior to this, Sanctuary Point Placing Making Action Plan was adopted by Council in September 2013.

(see http://doc.shoalhaven.nsw.gov.au/Displaydoc.aspx?Record=D13/241527 )

This has been the key strategic document guiding recent community infrastructure improvements in Sanctuary Point such as:

· Fitness Station at Paradise Beach Reserve.

· Learn to ride, community gardens, men’s shed, playground/reserve improvements at Clifton Park.

· Streetscape improvements around Sanctuary Point Shopping Centre.

The above improvements have principally been achieved through lobbying and part funding from the Bay & Basin Community Financial Services Board (Sanctuary Point Bendigo Community Bank). In recognition of the significant outcomes achieved by this process, the Bay & Basin Community Financial Services Board now see the benefit of extending this community led planning and funding process to the wider Bay & Basin community.

Community Led Strategic Plan Benefits

Community Led Strategic Plans can assist Council and the community by:

· consolidating existing and inter-related community projects that are either recently completed or underway (by Council, community groups and/or other agencies).

· determining and reconfirming community priorities / needs which in turn have the ability to inform Council’s overall community engagement strategy, particularly for the corporate process carried out each year.

· establishing a framework for two-way communication process to address matters such as: Council recognition, resource allocation, limitations, clarification of support or agreement with actions etc.

· empowering the community to achieve project funding / outcomes / ownership that Council cannot necessarily achieve.

Bay & Basin Community Led Strategic Plan

In the case of the Bay & Basin area, it is made up primarily of the following towns and villages which may have several community projects already underway:

· Huskisson

· Vincentia

· Hyams Beach

· Erowal Bay /Old Erowal Bay/ Wrights Beach

· Sanctuary Point

· St Georges Basin / Basin View

· Tomerong

Whilst each one of these towns and villages have community strategic project priorities, it is also recognised that consolidated strategic planning will benefit the Bay & Basin community as a whole. Therefore, it is envisaged that the Strategic Plan whilst providing specific direction (i.e. chapters) for each of its key towns and villages, will also provide overall strategic planning priorities for the wider Bay & Basin area.

Further, a key foundation in this process will be to review past community consultations and strategies for the area to avoid “starting this process again” and “over consulting with the communities”, when in the main they have already identified their priorities and needs. Therefore, the Strategic Plan development process will build on past consultation / plans and then re-confirm these with the community with the opportunity in this process to bring new ideas / projects into the document.

Suggest Bay & Basin Planning Pathway

Whilst yet to be developed further and signed off by the Reference Group, the following provides a possible project pathway for this Community Led Strategic Plan:

· Project Manager

The Bay & Basin Community Financial Services Board would project manage who will “lead” the Community Led Strategic Plan for the Bay & Basin area. This project management would involve a project co-ordinator overseeing a planning consultant and maintaining liaison with Council. This planning consultant would also document key findings and produce the final Strategic Plan.

· Reference Group / Project Oversight

Due to the size and number of communities, a nominated project co-ordinator/overseeing planning consultant would establish a reference group with one to two key members of each town and village. This group will regularly meet through the plan development and review background information / targeted engagement / review plan documentation, etc. This will enable all towns/villages/communities to have buy-in to the project and process from the start.

· Consolidation of Related Planning/Projects

With the reference group established, a focussed consolidation exercise would be held to pull together all existing related planning/projects and incorporate recent community consultation outcomes (i.e. don’t re-create the wheel and do appreciate engagement fatigue & number of inter-related strategic planning projects in this area).

This consolidation process would also help identify communities that haven’t had the opportunity to undertake community strategic planning to date and allow for the inclusion of any new projects that might be warranted. Council’s own staff could also be invited to participate in this process so that current Council priorities are recognised and integrated into the final plan.

· Ideas Generation and confirmation

Following the project consolidation stage, an ideas generation exercise would be carried out in conjunction with the reference group, to allow communities to identify any other “missed” priorities and to confirm these findings represent current thinking / needs.

· Prioritisation

Once all projects are known a prioritisation ‘event’ would be held with the reference group and wider community invited to participate. This would also be a community building event i.e. drop in day/ night activity at one of the local schools with activities for all ages/ interest groups. Obviously new projects may also come out of this step.

· Documentation

As outlined above, a planning consultant would assist with being responsible for the drafting of the Community Led Strategic Plan including overarching messages, projects and priorities, as well as chapters for each of the key towns / villages in the area. Through this process, the reference group would seek final sign off of the document from each relevant town / village representative group.

Recommended Budget

Based on recent work to develop Community Led Strategic Plans, it is recommended a budget of $35,000 be provided to the Bay & Basin Community Financial Services Board. This funding would be used to appoint and resource a planning consultant for the preparation of a Community Led Strategic Plan for the Bay & Basin area.

Council Staff Resource Assistance

It is recommended that staff resources from its Economic Development Team be available to assist and provide Council feedback into the development of a Community Led Strategic Plan for the Bay & Basin area.

Note by the CEO

Currently the Economic Development Office (EDO) has an enormity of work, both with delivering Capital works projects to the value of in excess of $50m mostly involving grant income to Council. The resources within the EDO are also heavily involved in the Business Recovery surrounding the natural disasters of the Currowan Bushfire, the February storm event and now the impacts of the COVID-19 pandemic on local business.

Given these current and still evolving demands on the Economic Development team and broader council operations, it is strongly suggested that the subject of this Notice of Motion be referred as an action for inclusion in Council’s 2020/21 Delivery Program and Operational Plan (DPOP) with funding considered during budget deliberations.

Ordinary Meeting – Tuesday 24 March 2020

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CL20.46 Report of the Strategy & Assets Committee - 10 March 2020

HPERM Ref: D20/88143

SA20.32 Update Bay & Basin Community Hub

HPERM Ref: D20/153

RECOMMENDATION

That Council:

1. Implement the existing Asset Management Plan - Aquatic Facilities (POL18/53) by reprioritising the required works to the Forward Capital Works Listing:

a. $100,000 - 2021/22 Financial Year - Electrical Board and Building Management Systems

b. $250,000 – 2022/23 Financial Year – Heating Ventilation Air Conditioning (HVAC)

c. $1,000,000 – 2023/24 Financial Year – Filtration and associated plant

2. The detailed design be funded from the Economic Development Budget for the Community Hub, as per previous resolution MIN18.710 – 18 September 2018 and the CEO provide a report to the next Council meeting in relation to the Budget.

3. Consider the Bay & Basin Community Hub as high priority to proceed, after delivery of the Sanctuary Point Library.

4. Reallocate the balance of $102,000 - Job No 82508 - to expedite the items identified in the Asset Management Plan - Aquatic Facilities adopted by Council - MIN18.442 – 12 June 2018 being Huskisson Sea Pool Fencing.

Note by the CEO:

This note is provided in response to Resolution Part 2 above.

Funds are not readily available from the Economic Development budget for the purposes of planning & design of the Bay & Basin Community Hub. The current position is that the Economic Development Office has approximately $54.4M of forward commitments across both the Industrial Land Development Reserve and the Economic Development Reserve – with many of these projects involving matching existing government grants of $11.6M and anticipated grant income of a further $12M.

Whilst funding is not readily available having regard to forward commitments, the timing of the EDO’s expenditure on specific projects are yet to be determined so there is the opportunity, in the absence of an identified alternate funding source, to commit to funding the Bay & Basin design from the ED budget at this time as already resolved and to seek to replenish the ED budget in future quarterly budget reviews should the timing of EDO expenditure commitments required such action.

This strategy provides certainty for the Bay & Basin design to proceed whilst not significantly impacting on the EDO forward works programme.

SA20.33 Outcome of Trial Winter Operations - Huskisson & Ulladulla Sea Pools

HPERM Ref: D20/36821

RECOMMENDATION

That Council continue to operate both Huskisson and Ulladulla Sea Pools on a year-round basis.

Note by the CEO:

Additional funding of $46k will be needed in the 2020/21 budget to give effect to this recommendation.

SA20.40 Variation of Easement - 23 Cater Crescent Sussex Inlet

HPERM Ref: D20/27627

RECOMMENDATION

That Council:

1. Resolve to approve the variation of easement from 17m wide to 8m wide over Lot 2 DP 858686, known as 23 Cater Cres Sussex Inlet, at nil compensation providing all costs associated with the variation including Council’s legal fees are paid by the applicant/property owner; and

2. Authorise the Common Seal of the Council of the City of Shoalhaven to be affixed to any documents required to be sealed otherwise the Chief Executive Officer be authorised to sign any documentation necessary to give effect to this resolution.

SA20.41 Creation of an Asset Protection Zone over Council land - Lot 46 DP 11629 Bowen St, Tomerong

HPERM Ref: D20/47969

RECOMMENDATION

That Council:

1. Resolve to approve the creation of an Asset Protection Zone over part Lot 46 DP 11629 as shown in Attachment 1 (D20/53192). By way of the positive covenant in accordance with the provisions of Section 88D of the Conveyancing Act 1919;

2. Require that the landowners of Lot 47 DP 11629 indemnify Council against any loss, injury or damages incurred whilst on Council owned land and undertaking the activities defined in the APZ Management Plan and pay all costs associated with the creation of the positive covenant; and

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

SA20.42 Wondalga Farm - Disaster Assistance for Local Farmers - Immediate & Future Use.

HPERM Ref: D20/56195

RECOMMENDATION

That Council resolve to:

1. Utilise Wondalga Farm to produce fodder for provision to disaster (drought and fire) affected farmers in the Shoalhaven Local Government area;

2. Fund all costs associated with the production and sale of fodder from Job number 28490 (Economic Development Strategy Fund);

3. Reimburse Job Number 28490 once positive cash flow is achieved from the sale of fodder;

4. Sell fodder initially at $80 (GST exc) per bale;

5. Review the bale price in six months and report back to Council on any change to bale yield and price adjustment needed; and

6. Implement this short-term disaster relief strategy for a period expiring December 2021 and report back to Council at this time on the long-term commercial management of Wondalga Farm.

SA20.45 Extinguishment of Water Supply Easement - Lot 104 Moona Street Huskisson

HPERM Ref: D20/29194

RECOMMENDATION

That:

1. Council resolve to extinguish the Easement for Water Supply over Existing Line of Pipes on Lot 104 DP755928 at Moona Street Huskisson, shown highlighted on attached copy of DP649694.

2. The owner Company to meet its own costs to extinguish the easement. Council costs are to be met from Shoalhaven Water’s Water Fund.

3. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.

SA20.46 Payment of Dividend from Shoalhaven Water 2018-19

HPERM Ref: D20/39747

REcommendation

That Council determines substantial compliance with the Best Practice Management of Water Supply and Sewerage Guidelines has been achieved and the dividend will be paid from the Water Fund as declared in 2018-19.

Ordinary Meeting – Tuesday 24 March 2020

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CL20.50 Report of the Shoalhaven Arts Board - 27 February 2020

HPERM Ref: D20/76649

AB20.1 Bomaderry Community Inc. Public Art Proposal - Shoalhaven Indoor Sports Centre

HPERM Ref: D20/43207

RECOMMENDATION

That:

1. The Shoalhaven Arts Board supports Bomaderry Community Inc in their efforts to secure funding for the installation of a significant Indigenous Artwork at the Bomaderry Indoor Sports Centre and other works in the Bomaderry Community,

2. Letters of support from the Chairperson of the Arts Board and Mayor Amanda Findley be provided for this purpose.

AB20.4 Shoalhaven City Art Collection - Storage Needs for Continued Growth.

HPERM Ref: D20/35234

RECOMMENDATION

That Council:

1. Supports the capital budget bid for $60,000 to solve immediate storage needs through the expansion of the existing art store and purchase of new racking at the Shoalhaven Regional Gallery.

2. Provides funding of $50,000 to undertake a formal study into options for a new Art Gallery, and Library with suitable storage facilities that can house the Shoalhaven City Art Collection, Shoalhaven City Records storage, and provide some storage needs for local community museums.

3. Receive a report with a business case and indicative costs for following the undertaking of a formal study on the storage needs of the S.C.A.C.

4. Note that the Shoalhaven Arts Board will receive a report outlining potential deaccessioning whilst the gallery is closed for the installation of the climate control system.

Note by the CEO:

The Shoalhaven Regional Gallery has a growing reputation and increasingly we are being offered donations of work. Currently the appropriate climate-controlled storage is at capacity and presents a reputational risk to Council when considering new offers of work in the future as they may have to be declined. The bid will be noted for consideration in Council’s 2020/21 budget deliberations.

AB20.6 Funding Needs for Shoalhaven Regional Gallery Exhibition Program 2020.

HPERM Ref: D20/36630

RECOMMENDATION

That Council:

1. Receive the report for information

2. Consider additional recurrent operational funding of $30,000 for the Shoalhaven Regional Gallery as part of the 20/21 budget process.

3. Actively assist the Gallery to find private, corporate and philanthropic support for the proposed exhibitions.

4. Give consideration to the installation of appropriate technology to enable voluntary “tap and go” donations for visitors to the Shoalhaven Regional Gallery.

Note by the CEO:

Substantial work has been done to submit a number of grant funding applications however these have been unsuccessful to date.

AB20.7 Shoalhaven Arts Foundation - Funding and way forward

HPERM Ref: D20/40940

RECOMMENDATION

That Council:

1. Formally endorse the establishment of a Shoalhaven Arts Foundation to support the development and promotion of all arts in the city with the following funding:

2. Seed funding of $150,000pa for the 2020/21 and 2021/22 Financial Years

3. Seed funding of $100,000 for the 2022/23 Financial Year

4. Following which, it is anticipated that the foundation will be fully self- funded

5. Provide in-kind, support for the Shoalhaven Arts Foundation, through the provision of office space at a suitable Council owned and managed asset.

AB20.8 Recommended priorities for additional funding

HPERM Ref: D20/41238

RECOMMENDATION

That Council give serious consideration to funding the below projects as matters of priority.

1. Additional Storage needs for Shoalhaven Regional Gallery (AB20.4)

2. Shoalhaven Libraries Asset Renewal

3. SEC Upgrade

4. Increased budget for Gallery Programming (AB20.6)

AB20.10 District Library at Sanctuary Point - Progress Report

HPERM Ref: D20/42898

RECOMMENDATION

That Council

1. Receive the District Library at Sanctuary Point Progress Report for information.

2. Give consideration to strategies to fully fund the delivery of this library in the 2020/21 and 2021/2022 financial year budgets.

Ordinary Meeting – Tuesday 24 March 2020

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CL20.51 Report of the Aboriginal Advisory Committee - 11 March 2020

HPERM Ref: D20/96124

AA20.10 Youth Membership Appointment

HPERM Ref: D20/58084

RECOMMENDATION

That Council endorse and accept the appointment of Jared Brown and Kalinda Wills as Youth members of the Shoalhaven Aboriginal Advisory Committee.

AA20.11 Additional Item - Cullunghutti Plan of Management

REcommendation

That:

1. Council staff invite Rose O’Sullivan – Archaeologist (DPIE) or Representative to provide available times for the Committee to secure an Extra Ordinary meeting with her in attendance.

2. A further update on compliance concerns raised by the Committee to be brought to the next meeting.

AA20.12 Additional Item - Huskisson Church Development

RECOMMENDATION

That the Aboriginal Advisory Committee:

1. Ask Council to note that the individual behaviour of staff employed by the tree services contractor onsite on the morning of 26 February 2020 was perceived by members of the community, who are also members of the AAC, as “racially vilifying, humiliating and goading”, and note the perception of trauma that was caused by this situation encountered by community members at the site.

2. Request that Council provide a report on whether the external actions of contractors are taken into account when awarding tenders and carrying out contracted work for Council, and on how cultural competence is considered as part of the tender process.

3. Request that Council commit to urgent consultation with the AAC, Jerrinja LALC, Ulladulla LALC, Nowra LALC, and Aboriginal community to better understand and ameliorate the Aboriginal cultural heritage impacts related to the Huskisson Church site.

Note by the CEO:

The Recommendation as resolved by the Committee above needs to be modified to reflect a Recommendation to Council – noting that it presents as a Recommendation to the Committee itself.

The appropriate wording should be “That Council note the following requests from the Aboriginal Advisory Committee in relation to the Huskisson Church Development:” with Parts 1,2 and 3 as presented.

Council should also note that the request at Part 2 as presented is considered to be an operational matter for the CEO and not relevant to the Aboriginal Advisory Committee.

AA20.13 Additional Item - Huskisson Church Development - Aboriginal Advisors

RECOMMENDATION

That Council:

1. Acknowledges that statements made by the Developer on WIN News on 26 February 2020, regarding Aboriginal advisors on the Huskisson Church development, could be misleading and add to the distress already felt within the Aboriginal community regarding this development; and

2. Specifically affirms that:

a. The Due Diligence in relation to the cultural sensitivity of the development site report was not prepared by an Aboriginal person; and

b. The Aboriginal Advisory Committee is Council’s official advisory Committee on matters of Aboriginal cultural heritage, and it has made known its concerns regarding the heritage impacts of this development and the lack of consultation.

AA20.14 Additional Item - Huskisson Church Development - Decision Making

RECOMMENDATION

That Council:

1. Understands it is the advice of the Aboriginal Advisory Committee that:

a. Resolution DE20.2 (MIN20.17), adopted at the Development & Environment Committee on 20 January 2020, is not in keeping with the spirit of resolution AA19.27 (MIN19.867) (Ordinary Meeting of 26 November 2019).

b. The consultation process in decision making regarding the development is considered contrary to both Council’s Statement of Commitment and Aboriginal Advisory Group Action Plan.

2. Seek urgent independent legal advice on whether there are any breaches of legislative requirements regarding Aboriginal cultural heritage (places, objects or sites) as per the NPW Act, Heritage Act, or ATSIHPA (Clth), and consider a stop work order on DA18/2102/4 pending the outcome.

Note by the CEO:

In relation to Part 2 above it should be noted that Council staff have undertaken a complete assessment and referred to relevant Government Agencies. The result of this assessment has indicated that all legal requirements in regard to Aboriginal Cultural Heritage have been complied with and there is no basis to issue any orders. As such it is strongly recommended to Council that seeking legal advice is not necessary.

Ordinary Meeting – Tuesday 24 March 2020

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CL20.53 Bushfire Recovery Update Report from Local Recovery Coordinator - Mr Vince Di Pietro

HPERM Ref: D20/96178

Approver: Stephen Dunshea, Chief Executive Officer

Reason for Report

To update Council on the Bushfire Recovery

Recommendation

That

1. That Council note the Bushfire Recovery Activity and acknowledge the progress for the Shoalhaven LGA since the last Ordinary Meeting.

2. Council agree to the enclosed proposed schedule to expand Federal Disaster Recovery Funding Arrangements under Category C.

Evolving Global Emergency and Emergent Contingency Planning

COVID19. Since the last Ordinary Meeting of Council, COVID19 has been officially declared a pandemic by the World Health Organisation. This declaration has impacted most if not all personal, community, organisational and all levels of Government focus and activity. All Bushfire Recovery activity will be impacted by the personal protective measures and Federal Government led public gathering restrictions and travel advisories and precautions.

Importantly, some decisions or motions already approved may need to be re-adjusted to reflect the restrictions on public gatherings for the foreseeable future. This however does present an opportunity for Council to reallocate previously identified funds to address more urgent needs particularly in engineering and services. However, keeping close the identified activities focussed on social and economic recovery of the community will in due course be needed with more urgency and priority than they currently do under Bushfire Recovery alone.

This situation is far from clearly understood and its impact unfolds daily at pace. Nonetheless, this reports the Bushfire Recovery activity undertaken since the last Ordinary Meeting.

Background

Emergency and Bushfire Status. Currowan and Crompton Grange Fire State of Emergency revoked on Friday, 7 February 2020 and the fires declared extinguished by RFS Superintendent Mark Williams on Saturday 8 February 2020. Record rainfalls occurred from Saturday 8 February 2020.

Recovery Committee Authority. Recovery Committee post disaster required by State Legislation. Shoalhaven City Council responded to this requirement in mid-December. Council information briefing held on Thursday 16 January to update Councillors on Recovery Committee Progress, appointment of Recovery Coordinator, and intentions for Shoalhaven LGA.

Governance – Shoalhaven LGA The Recovery Action Plan, Recovery Committee structure and operating guidelines were unanimously approved by Council at its Extraordinary Meeting of 20 January 2020. The current published Recovery Action Plan dated February 2020 needs updating to better reflect the shifting priorities of the current and emerging circumstance in the Shoalhaven. The first Recovery Update was presented to Council by the Recovery Coordinator on Tuesday 25 February 2020.

The Recovery Committee has agreed that while LEOCON and RFS representation remains important, as the clean-up proceeds and emerging emphasis on community mental health becomes more evident, the standing membership of the Recovery Committee should reflect both.

To this end, the Recovery Committee has sought participation and membership from NSW Health, the prime clean up contractor (Laing O’Rourke) and Council’s indigenous liaison officer. NSW Health has attended the past two meetings, while the latter agencies’ participation is being progressed. The SCC Website Bushfire Recovery Page and SCC Facebook page remain the primary sources of authoritative Council information and continue to be distributed/made available in hard copy at the Recovery Centre, Community Recovery Meetings and on any opportunity basis with members of the community.

Governance – Regional and State. State Government governance remains unchanged. Regional Recovery Coordinator, Mr Dick Adams, is in weekly contact through the LGA GM forums and continues to promote positively the Shoalhaven LGA actions and progress. The Recovery Committee State Govt Representative, Mr Anthony Body remains an active participant and continues to provide an excellent link to State Government agencies.

This brief updates Council on progress of recovery.

Community Engagement

Council engagement. Councillors Consultative Group meetings continue and have been held on 28 February and, at the time of writing, the next meeting is to be held 19 March 2020. Although not attended by all CCG members, the advice and discussion with those Group members who are CCG ‘regulars’ is helpful.

Community Meetings. Community Recovery meetings held since 25 February 2020 have been at Kangaroo Valley, Nerriga/Sassafras, and Fisherman’s Paradise. These meetings have been conducted with numerous Council officers and other agencies’ representatives in attendance. The Mayor and various Councillors have also attended these community meetings and made themselves available for the community.

Recovery Centres.

· The Ulladulla Recovery Centre continues to operate in the Ulladulla Civic Centre under SCC management (Social Recovery Action Team) with significant and ongoing OEM support. The COVID 19 related personal precautions and public gathering restrictions have led to the principle use of the Civic Centre being put in abeyance. This ‘pause’ means that the Civic Centre is usable potentially in its current role as a Recovery Centre until end of May. Modified (reduced) hours of operation have been implemented to accommodate demand. At the time of the last Recovery Committee Meeting on 17 March, Ulladulla had received 1,425 registrations in total. In the preceding five days to the Recovery Meeting, this included 37 new registrations, and 67 returning customers totalling 104 customer visits.

· Council Administrative Centre enquiries counter is proving to be sufficient to manage the Nowra enquiries.

· Kangaroo Valley’s Community Drop In now operates as a Recovery Assistance Point including mobile outreach under the Social Recovery Action Team management and remains open for five days per week. Ms. Andi Csontos is to be congratulated for her and her team of volunteers’ tireless and ongoing support for the Kangaroo Valley community.

· Since the last report, Mobile Recovery Hubs (an initiative of the Social Recovery Action Team) have commenced and are in full operations providing mobile outreach to fire affected communities. The month of March has been a four-week programme, involving one day per week in each community area, with relevant service providers in accordance with the needs of the visited community. The locations visited include Wandandian, Lake Conjola, Kioloa/Bawley Point, and Sussex Inlet. The program for the Mobile Recovery Hub visits has been published widely through the SCC website and Facebook page as well as on local radio and print.

· Since the last report, under the Economic/Tourism Recovery Action Team, Small Business Roadshows have visited the Shoalhaven. These have been held at Kangaroo Valley (17 March), Nowra (!8 March) and Ulladulla (19 March).

Other Forms of Engagement

Daily engagement with the community continues (whether as consultation, enquiry or urgent recovery action needs) is a routine feature and ongoing commitment of SCC Communications team and the Recovery Action Teams as defined and described in the Recovery Action Plan.

Senior Bushfire Recovery Visits to the Shoalhaven LGA have included the NSW Deputy Opposition Leader, and the Royal Commission into National Natural Disaster Arrangements. Regional Recovery Coordinator (Mr. Dick Adams) and numerous ongoing and continuous visit/recces and scoping visits by NSW and Federal Government agencies. Clean-up contractor, Laing O’Rourke has been present throughout the LGA scoping and commencing clean-up operations in Conjola Park and Kangaroo Valley. And, importantly, a continuous presence within our LGA of Federal and State representatives (Members, Fiona Phillips, Shelley Hancock and Gareth Ward).

Frequent updates of ALL bushfire related advisory notices and assistance alerts through the Shoalhaven City Council Website Bushfire Recovery page, SCC Facebook page and hard copy distribution at Community Meetings and Recovery Centre.

Regular Recovery radio communications in addition to the communications weekly rhythm defined in the Recovery Action Plan. Most commonly used radio stations are ABC Radio Illawarra (97.3 and 603), 2ST and UUUFM Community radio.

Policy Implications

Initiatives undertaken by Council in support of affected Community members of the Shoalhaven LGA;

· Comparison between Building Impact Assessment and Council Cadastre completed. SCC Mailout to all registered landowners of destroyed dwellings occurred Thursday 5 March 2020. 261 letters were sent and at the time of writing 117 replies have been received in nine working days. This is very pleasing and an excellent result. Returns will be shared with owner’s consent with Laing O’Rourke for comparison with Service NSW registrations assure maximum possible capture of destroyed dwelling owners to effect for Deed of Agreement.

· SCC Waste Management Plan endorsed by Public Works Advisory and accepted without amendment from the first submission in early January.

· Indigenous land council outreach and consultation for recovery activities. Met with Ulladulla Land Council and Wreck Bay Aboriginal Community Council – awaiting confirmation of meeting with Jerrinja.

· Contacted multi-cultural communities through NSW Health to advise on relevant recovery issues. Have connected NSW Multicultural Health with Community Migrant Centre (Parramatta) Business Connect Multicultural to provide support for business owned by people from Culturally and Linguistically Diverse communities.

· Health and Well-being action group being established bringing together service providers from across the LGA to share specific recovery based, data and intelligence to identify gaps in community needs and necessary actions through collaborative council led partnerships - meeting scheduled for 1 April with federal/state agencies, NGO’s, Not for Profits. Currently investigating options to move this to an on-line meeting.

· Coordination of donations and voluntary assistance e.g. $24K Gift Vouchers from Australian Radio Network, Cricket NSW staff volunteering over the next 12 months to fire affected communities, multiple offers of assistance from architects/trades/project managers.

· Ongoing coordination with community service providers and registration of interest and availability links through the SCC Bushfire Recovery Page to tradespeople, labourers and service providers.

· Working with OEM to roll out a Case Management service (Recovery Support Service) for fire affected residents. Currently in discussion with local agencies with case management experience and capacity.

· Developing a series of community information sessions/forums. Currently considering partnering with Wingecarribee Council for a series of on-line seminars.

· Attended Regional Health and Wellbeing Subcommittee for Southern NSW to advise and workshop ideas around ‘One Stop Shop’ mental health hotline and Recovery Support Service.

· Planning for ongoing operation of Recovery Centres in current climate of Social Distancing.

· Providing information on the proposed waiver of Long Service Levy for construction certificates proposed with new regulations to active expected very soon.

· Providing up to date advice on Council’s recovery webpage of changes and FAQ on rebuilding issues including legislation changes.

· Engaging with Bushfire Housing Assistance Recovery Team in relation to temporary housing, especially the use of moveable dwellings.

· Facilitating rapid assessment of heritage properties affected by the bushfire to assist with conservation and clean-up activities.

· Representation on Southern Planning, Development and Environment sub-committee of the Regional Bushfire Recovery Committee to seek consistency across councils and push issues up to regional level.

· Re-development and building updates being provided face to face at recovery centres and at local community gatherings (Kangaroo Valley, Sassafras, Fishermans Paradise).

· Ongoing liaison with Laing O’Rouke in relation to the Clean-up, particularly in relation to asbestos waste.

· Coordination with community service providers and registration of interest and availability links through GIVIT to tradespeople, labourers and service providers.

· National Disaster Funding received for the replacement of three of the destroyed bridges (Wheelbarrow Road, School Creek, Brooman Road), Council should Yerriyong Road). Note that there have been seven bridges damaged in our LGA.

· ADF supported air drops for fauna. 1.6 tonnes of food delivered by air.

· Two grant applications in for the Coast and Estuaries program for Sediment erosion control works and water quality monitoring totalling $1.4million from NSW Dept Planning Industry and Environment.

· Air Quality monitoring of asbestos continues around Lake Conjola and Hoylake Park in Conjola Park.

· Rejuvenate Campaign has reached over 10.5 million people through social, video, publicity and local ambassadors, with over 45 positive media articles to national audiences.

· Small Business Bushfire Regional Roadshows in Kangaroo Valley, Nowra and Ulladulla complete.

· Business Survey data collection and analysis to inform action plans ongoing.

· BlazeAid fully operational in Milton and Kangaroo Valley with funding secured for up to 6 months of operation, each base has been supplied a vehicle by local dealerships.

· Successful two-way communication with business through business chamber meetings, community gatherings, newsletters and one-on-one discussions, including 3 precinct marketing partnerships for community-led recovery efforts.

· Event support through existing program and fast-tracked approvals for new events where possible in the current climate.

· Providing one on one support and advice to businesses, ensuring they have registered with Service NSW, they understand the grants available and have the information they need.

· Dedicated Business information provided at community meetings.

· Visitor Services out in region meeting one on one with tourism operators and provision of information on opportunities to be involved in local, state and national campaigns.

· Working closely with Google, Facebook and other large corporates to assist them in their desire to help small business.

· Support provided to local suppliers and sub-contractors that have the capability to work with Laing O’Rourke.

· EOIs for remaining allocation of the Bushfire Community Resilience and Economic Recovery Fund received and reported.

· Business Recovery mentoring program planning in progress – one on one support for small business.

· Correspondence with those who have offered assistance, arranging letters to all fire impacted properties with offers of assistance.

· Working with the Business Council of Australia to support tradies who have lost tools as well as supporting apprentices who lost tools through the Mayoral Support Fund.

· Matching all ABN’s in fire effected areas with business type and providing information on opportunities, funding, registration requirements to assist business during the recovery process.

· Attended and presented at the Visitor Economy Recovery Summit at Willinga Park.

· Taking part in radio interviews and podcasts to help share information about opportunities to business in a variety of ways. Podcast available at https://rensw.dsnsw.com.au/2020/03/bushfire-recovery-summit-podcasts/

· Supporting event organisers with application to the Destination NSW Flagship event fund, applications close 25th March.

· Working with State Government to identify transformational projects for medium term economic stimulus and to drive demand as well as identify and address barriers to investment for longer term supply.

· Continue to attend the regional Small Business and Tourism Working Group, Chaired by Anthony Body, Director Illawarra - Shoalhaven, Regional NSW, DPIE.

· Met with State Government and consultants to provide information on the updates to the Regional Economic Development Strategy (REDS). Work is now complete; this will inform planning for future assistance.

· Working with the Department of Education, Skills and Employment to identify opportunities for the development of a Tourism School of Excellence. Changing the way training is delivered in partnership with Shoalhaven operators.

Looking through the Windscreen

Transition from in person service to Call Centre Service. COVID 19 will inevitably drive provision of services – both Council and OEM including Mobile Recovery Hubs – to a call-centre based service provision. Council staff has met to begin scoping this, how it might operate and where it might be based. It is envisaged that by the time of the next Ordinary Meeting, this will be a requirement beyond Council’s choice or control.

Disaster Recovery Funding Arrangements. At the last Council Ordinary Meeting Council was advised of Federal funding under Disaster Recovery Funding Arrangements (DRFA) Category C which will support significant and essential Council Bushfire Recovery activity and provide local stimulus through essential works.

The following five broad categories presented to Council agreed were:

1. Activities under maintenance budget which are unclaimable expenses.

2. Infrastructure improvements to community amenity (e.g. Bomaderry Sports Fields in preparation for the Koori Knockout Cup).

3. Public building defects.

4. LGA cemeteries/burial grounds remediation.

5. Transition from NSW Government to SCC of recovery management arrangements (scheduled for end of March 2020).

The Recovery Coordinator provided a detailed schedule to the Councillor Consultative Group on 19 March 2020 for its consideration and endorsement.

The proposed schedule appears below:

Natural Disaster bridge reconstruction program shortfall (grant excess premium on claim & Council funded works)	$ 140,000
Southern District footpath renewals (5 sites)	$ 40,000
Basin District footpath renewals (3 sites)	$ 40,000
Central District footpath renewals (4 sites)	$ 40,000
Northern District footpath renewals (5 sites)	$ 40,000
Koori Cup Knockout as per MIN20.121	$ 400,000
Museum-45 Princes Hwy-Lake Tabourie	$ 3,000
Sussex Inlet Theatre-Jacobs Dr-Sussex Inlet	$ 75,000
Public Hall-Burrill Lake	$ 55,000
Public Hall-Osborne Park-177 Moss Vale Rd-Kangaroo Valley	$ 25,000
Lake Conjola Cemetery fire damage not covered by insurance or Disaster Funding. Includes asbestos and tree removal and fencing repairs.	$ 50,000
Customer Contact Centre includes modifications to the current counter arrangements and staffing costs.	$ 100,000
Maintenance of 5 highest priority Council fire trails. 58km	$ 55,000
Asset protection zone works	$ 50,000
Business Workshops	$ 30,000
Business Mentoring Program	$ 30,000
Recovery Events Support	$ 50,000
Mobile Community Hubs – resourcing	$ 5,000
Health and Wellbeing Action Group – facilitation and resourcing	$ 7,500
Community Information Session – Speaker fees and resources	$ 2,500
Community Development Programs for recovery – i.e. Storytelling, filming, resource creations	$ 20,000
Bushfire Recovery Operational Support	$ 158,667

Total	$ 1,416,667

Risk Implications

Understanding and acknowledgement of the significant work and ongoing progress is essential for the well-being of Council Staff. It is through the Council Staff’s enthusiasm that recovery, and now its resilience in its response to COVID19, will be effective.

Recovery Coordinator assessment is that the biggest risk to Shoalhaven LGA recovery is reputational. Any detraction from the collective effort of the Council, from Recovery Coordinator’s perspective, is actively discouraged.

Council may provide further mitigation of potential reputational risk by acknowledging the effort and activity to date and taking every opportunity to amplify it with their relevant ward constituents and in the public domain.

COVID19 introduces a level of risk of higher consequence and almost certain likelihood to Council’s reputation and Councillors’ leadership of the Shoalhaven community.

Ordinary Meeting – Tuesday 24 March 2020

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CL20.55 Audit Risk and Improvement Committee - Fee Increase

HPERM Ref: D20/88861

Section: Executive Strategy

Approver: Stephen Dunshea, Chief Executive Officer

Attachments: 1. ARIC Remuneration Data ⇩

Reason for Report

The purpose of this report is to discuss on the current payment arrangements for the Audit, Risk and Improvement Committee (ARIC) and to seek approval to increase the fees paid to the independent members in alignment to the rates proposed by the Office of Local Government.

Recommendation

That Council notes the content of the paper and approve to increase the fees of the ARIC independent members to the rates proposed by the Office of Local Government i.e. $16,213 per annum for the ARIC chair and $1,621 per meeting for other independent members.

Options

1. Council approves to increase the fees of the ARIC members; $16,213 per annum for the ARIC chair and $1,621 per meeting for other independent members.

Implications: The ARIC membership budget will need to be increased by $20,000. Council will be able to attract and retain competent members to its ARIC.

2. Council does not approve the fee increase.

Implications: The fees will remain as current. There will be difficulties in attracting and retaining competent members to the ARIC.

Background

Council’s Audit, Risk and Improvement Committee (ARIC) consists of three (3) independent members and two (2) councillor members. Council’s ARIC had been in operation since 2007. It is acknowledged that Council’s ARIC continues to make invaluable contribution to Council’s governance arrangements since its existence.

The ARIC meets for four (4) formal meetings per year, with two (2) further meetings organised for the discussion of Council’s financial statements with the external auditor. Every effort is made to ensure those additional meetings are held on the same day (immediately prior to) the four (4) formal meetings.

The independent members are currently paid $250 per month on the proviso that 80% of the meetings are attended. This equates to $3,000 per year if all the meetings are attended. Travel and subsistence allowances are paid in addition to the monthly fee.

It is noted that the ARIC remuneration was last reviewed in 2013.

Recently, Council obtained expression of interests for an independent member and it became apparent that due to the current fees offered, a number of candidates declined.

Information was also obtained from other Councils on their remuneration structure and the following is noted:

§ The Chair of the committee is paid higher than the other independent members.

§ Shoalhaven City Council’s current remuneration sits in the lower quartile in comparison to the fees paid by the other Councils. The attached document provides information on this.

§ Majority of the comparable Councils (Group 5 Council’s) pay their members higher than what we currently pay. Information is provided in the table below.

Council	Chairperson	Independent Members
Newcastle	9,075	9,000
Mid Coast	4,800	4,000
Wollongong	4,800	4,000
Shoalhaven	3,000	3,000
Port Stephens Council	2,000	2,000

The Office of Local Government has also published a discussion paper on ‘A New Risk management and Internal Audit Framework for Local Councils in NSW’. The discussion paper proposes a fee structure equivalent to those currently paid under the NSW Government’s prequalification scheme. Information provided in the table below:

Council Size

Indicator

Chair fee (excluding GST)

Member fee (excluding GST)

Medium

Expenditure between $50 million and $400 million

$16,213 per annum

$1,621 per meeting day including preparation time.

The implementation timeline proposed by the Office of Local Government is March 2021. It is noted that the proposal is at a finalisation stage.

Considering the contribution of the ARIC members to Council’s governance arrangements and the fact that the fees are ultimately supposed to increase to align with the proposal made by the Office of Local Government, it is recommended that the renumeration of the ARIC independent members be increased as per the proposal made by the Office of Local Government.

Policy Implications

The ARIC charter will need to be updated if the fees are approved by Council.

Financial Implications

The current budget allocation for the ARIC renumeration is $12,200 per annum. If the fee increase is approved, it will require an additional $20,000 for additional remuneration, travel and subsistence to the ARIC budget.

Risk Implications

Difficulties in attracting experienced and skilled members to the ARIC due to remuneration.

Ordinary Meeting – Tuesday 24 March 2020

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CL20.56 Ongoing Register of Pecuniary Interest Returns - 7 December 2019 to 13 March 2020

HPERM Ref: D20/35709

Section: Human Resources, Governance & Risk

Approver: Jane Lewis, Acting Director Finance Corporate & Community Services

Reason for Report

To provide the Council with the Register of Pecuniary Interest Returns lodged with the Chief Executive Officer for the period of 7 December 2019 to 13 March 2020 as required under Section 440AAB of the Local Government Act 1993 and Part 4.26 of the Model Code of Conduct.

Recommendation

That the report of the Chief Executive Officer (Finance, Corporate & Community Services) regarding the Register of Pecuniary Interest Returns lodged for the period of 7 December 2019 to 13 March 2020 be received for information.

Options

1. As Recommended

Implications: The requirements of the new Code of Conduct will be adhered to.

2. The Chief Executive Officer take appropriate action in accordance with Councils Code of Conduct in respect of any Staff who are in contravention of the Local Government Act 1993

Implications: Not known

Background

Under Section 440AAB of the Local Government Act 1993 and Part 4.26 of the Model Code of Conduct, designated persons are required to complete a Pecuniary Interest Return within 3 months of becoming a designated person.

Section 440AAB (2) of The Local Government Act 1993 states:

Returns required to be lodged with the general manager must be tabled at a meeting of the council, being the first meeting held after the last day specified by the code for lodgement, or if the code does not specify a day, as soon as practicable after the return is lodged.

Part 4.26 of the Model Code of Conduct states:

Returns required to be lodged with the general manager under clause 4.21(c) must be tabled at the next council meeting after the return is lodged.

This report is one of a series of reports of this nature which will be provided throughout the year to align with the legislative requirements. Annual Returns were last reported to Council in October 2019.

Those persons who had an obligation to lodge an initial pecuniary interest return within the period are listed below:

Group	Name	Returned
Planning Environment & Development	Amber McLuckie	Yes
Planning Environment & Development	Clinton Price	Yes
Planning Environment & Development	Claire Wolinski	Yes
Planning Environment & Development	Abigail Saunders	Yes
Assets & Works	Lee Dark	Yes
Assets & Works	Kate Kennedy	Yes
Assets & Works	Nick Condell	Yes
Assets & Works	Italo Meta	Yes
Finance Corporate & Community Services	Olena Tulubinska	Yes
Planning Environment & Development	Ian Szymoniczek (casual employee of Council)	Yes

Advice provided to Council by the Office of Local Government in September 2015 was that ‘hard copies’ of returns are no longer required to be tabled at the Council meeting. Therefore, the register of returns for this period is listed and tabled and electronic versions of the documents may be viewed upon request.

Risk Implications

A failure of meeting the obligations with respect to the Pecuniary Interest Returns by a designated officer leaves Council at risk of non-compliance with legislative requirements, conflicts of interest and limited transparency. Staff who do not complete a return may be in breach of the Council’s Code of Conduct.

Ordinary Meeting – Tuesday 24 March 2020

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CL20.57 Local Government Conference - 2020 National General Assembly of Local Government - Proposed Motions

HPERM Ref: D20/71090

Section: Human Resources, Governance & Risk

Approver: Jane Lewis, Acting Director Finance Corporate & Community Services

Attachments: 1. Brochure - National General Assembly of Local Government 2020 (under separate cover) ⇨

Reason for Report

This report details Council’s proposed Motions to be submitted to the Australian Local Government Association – 2020 National General Assembly scheduled for 14 to 27 June 2020 in the National Convention Centre Canberra, ACT. Motions are required to be submitted by 27 March 2020.

Recommendation

That Council

1. Approve attendance by all interested Councillors at the 2020 LGNSW Annual Conference, and such attendance be deemed as Council Business

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

3. Adopt the proposed motions in the report for submission to the 2020 LG NSW Business Paper

4. Determine any additional motions for submission at this meeting

5. That the Mayor be given delegated authority to submit any further proposed motions after consulting with Councillors prior to the deadline for submitting motions.

Options

1. As per the recommendation.

Implications: None.

2. That Council not accept the motions as outlined in the report and propose alternatives.

Implications: The Council is required to approve Motions by resolution, so the complete wording of the motions will need to be provided and agreed prior to the requested submission date of 27 March 2020.

1. NewStart Allowance

Motion

That the National General Assembly calls upon:

1. The Hon Anne Ruston, Federal Minister for Social Security to implement an increase to ‘Newstart Allowance’ to reflect the rising cost of living.

National Objective:

Increased levels of poverty are being experienced in Local Government Areas across Australia. This can be clearly attributed in part to the current insufficient ‘Newstart Allowance’.

Summary of Key Arguments:

Welfare payments do not cover the “basic cost of living”. Newstart Allowance has not had an increase in “real terms” in over 20 years and Australians are living in poverty as a result of the failing system. Research shows welfare payments do not cover the “basic standard of living cost” and fall short between $47-$126 a week. Private members bills addressing the inadequate Newstart Payments have unsuccessfully passed through the senate. Payments are meant to support people whilst they search for employment, however, the payment is insufficient to assist people with getting back to work. Australians cannot afford to apply for jobs as they do not have necessary resources or funding for public transport to attend somewhere that offers these services.

In addition to these factors, the hardship endured causes stress and anxiety which results in more money spent on medications and deteriorating capabilities of Australians to gain employment. This situation creates a wheel of poverty that continues generationally until intervention occurs. The only way to break the cycle is to give Australians support to get back into the workforce by giving them help where they need it most, financially. Even a small increase to Newstart payment will help Australians get on their feet and ease the financial burden looking for a job creates.

Older Australians are suffering as they have reduced chances of gaining employment due to age discrimination and not getting rental assistance as they own their home. Even though rent is not paid, these Australians still need to pay for rates and water, which are significant expenses for Newstart recipients that they are not receiving financial assistance for. As a result, Councils are being contacted for additional support. Rent assistance needs to be reviewed to include eligibility for older Australians who own their home.

2. Financial Assistance Grants Indexation

Motion

That the National General Assembly calls upon the Federal Government to:

1. Restore the quantum of Financial Assistance Grants to at least 1 per cent of Commonwealth taxation revenue.

National Objective:

1. Cost shifting by the Commonwealth and state governments is one of the most significant problems faced by local governments in Australia. Without grants, council are unable to retain financial sustainability.

2. The financial sustainability of local governments and their ability to provide essential services and infrastructure in their communities is seriously impacted by the relative decline in core federal funding to local government in the form of Financial Assistance Grants (FAGs).

Summary of Key Arguments:

The Community has expectations for infrastructure improvements and a higher level of services by Local Government to be linked to GDP growth. The FAG is a major source of revenue for Local Councils to undertake such work.

The funding is particularly important in rural, regional and remote areas where it helps to equalize the level of services across local governments nationally.

For local governments in high growth areas FAGs are critical to help them manage density and issues like social cohesion, congestion, provision of open space and community services for a growing population

Both State and the Commonwealth have placed increasing responsibilities on Local Councils such as Waste Levy, Emergency State Levy, library funding, regulatory activities, etc.

Australia’s Gross Domestic Product had an average growth rate of 3.47% from 1960 until 2017 however FAGs have declined by around 43% in relative terms over the past 20 years, and in 2018 amount to approximately 0.55% of Commonwealth tax revenue.

This ‘vertical fiscal imbalance’ and ‘cost shifting’ between Local and Federal Government continues to worsen and incorporating GDP growth factor in escalation calculation methodology for the general component of FAG will help to address it.

3. Black Spot Program and Road to Recovery Program

Motion:

That the National General Assembly calls upon:

1. The Council to commend the Federal Government for Blackspot and Road to Recovery Programs and Council urge for those valuable programs to be continued.

National Objective:

Roads are vital to utilise transportation means in Australia. They are the reason the economy can be stimulated by freight and tourism; the reason people can get to work or carry on with their daily lives and the reason we are able to travel around the country. It is important to ensure roads that are relied upon are safe for use.

Summary of Key Arguments:

The Blackspot Program

The Australian Government has committed an additional $50 million per year from 2019-20 to the Black Spot Program as part of the Local and State Government Road Safety Package announced in the 2019-20 Budget. From the 2013-2014 financial year to the 2022-2023 financial year, The Government will provide $1.0 billion to the Black Spot Program with an on-going commitment of $110 million each year following.

Black Spot projects target road locations where crashes are occurring. The program reduces the risk of crashes by funding measures such as traffic signals and roundabouts at dangerous locations.

The Road to Recovery Program

To facilitate greater access for Australians and improve safety and economic and social outcomes, the maintenance of the nation's local road infrastructure asset is supported by The Road to Recovery Program.

The additional funding provided by this program allows Councils (and other eligible bodies) to deliver safer roads for residents, hauliers, tourists and workers. Given the cost of Major crashes to Australians, this investment ensures that important infrastructure can be maintained.

4. Bushfire Recovery

Motion:

That the National General Assembly calls upon the Federal Government so that:

1. Any Federal Funding earmarked for Royal Commission on Bushfires, be diverted to recovery efforts in bushfire affected communities.

2. Recommendations from the previous 57 formal public inquiries on Bushfires be enacted.

National Objective:

The impacts of climate change include an increased fire risk to all communities across the nation. There have already been numerous recommendations made that need implementation without delay. Conducting another Royal Commission into bushfires is wasting taxpayer money if the recommendations are not going to be implemented. Instead of spending money on another inquiry, implement the recommendations that have already been made.

Summary of Key Arguments:

In 2009 the Victorian Bushfires Royal Commission cost more than $40 million and ran for 18 months. Of the 57 previous formal public inquiries, recommendations have still not been fully implemented. The recent fires killed at least 33 people, with more missing, around 3,000 homes were destroyed, or damaged and numerous intangible impacts are still of concern including the mental health and financial preparedness of the many thousands of people impacted. Rather than money be spent on a process that has proven to be ineffective, Federal Funding should be provided to affected communities that are still rebuilding both infrastructure, and community spirit.

5. Climate Change Risk to Australia's Built Environment Report

Motion:

That the National General Assembly calls upon:

1. The Hon. Sussan Ley MP to provide a response to the Climate Change Risk to Australia's Built Environment Report.

2. The Hon. Sussan Ley MP to provide an update to on measures to be taken to address the risks to Australian communities which were identified in the report.

National Objective:

The report has identified serious risks to built environments across the nation.

Summary of Key Arguments:

The Climate Change Risk to Australia’s Built Environment Report (https://xdi.systems/wp-content/uploads/2019/10/Climate-Change-Risk-to-Australia%E2%80%99s-Built-Environment-V4-final-reduced-2.pdf) contains an analysis that assesses climate risk to over 15 million addresses in 544 local government areas (LGAs) between 2020 and 2100, analysing data for hazards across the entire nation including:

1. All Hazards

2. Riverine Flooding

3. Forest Fire

4. Coastal Inundation

5. Subsidence

The report identifies the top 10 Local Government Areas (LGAs) at risk. Shoalhaven LGA has been identified as one of the top 10 LGAs at risk for forest fire, being ranked at number 7 in 2020 and number 7 at 2100 out of all LGAs within Australia.

It is requested that an update be provided in relation to the policy recommendations and what action Government has, or will take in response to the report. Given that the report is based on current projections we would also like to know what the outcome would be should emissions targets be reduced further and met in line with benchmarked targets from other countries for example Morocco and Costa Rica. It is recommended the Government adopt the recommendations of the report including establishing legal requirements for risk disclosure; require fit-for-purpose construction in high hazard areas; plan for infrastructure system resilience; develop risk-based insurance pricing and adaptation for highly exposed areas.

6. Bushwalking – Funding

Motion:

That the National General Assembly calls upon:

1. The Federal Government to recognise that an increased uptake in walking/hiking in natural areas nationally would result in financial benefits and improved health and wellbeing for Australians as well as enabling greater economic growth, productivity, social and environmental benefits.

2. The Federal Government, in consultation with State, Territory and Local Government authorities, to allocate funding for a fifth round of the Building Better Regions funding (or alternate funding source) to a national infrastructure project to link up the gaps in existing walking paths/trails in both cities and the regions.

National Objective:

The growth of our cities is leading to increasing congestion on roads and public transport networks. Improved walking infrastructure will encourage more people to take up active travel, thereby providing a solution to urban congestion, enhancing the economic growth potential of cities and reducing the impact of urban transport on the environment and health system. A coordinated response to address these critical issues of national importance will help to drive economic growth in both our cities and regions and enhance quality of life for all Australians.

Summary of Key Arguments:

In addition to benefitting the individual, there are also significant benefits to society of increased walking. Congestion on our road and public transport networks is reduced, health costs and required investment in public transport and road networks are lowered, productivity is boosted, carbon emissions are reduced and noise levels, air quality, the sense of community in our streets and, the liveability of our cities can all be improved.

Congestion impacts the economy – in greater Sydney the cost of congestion is anticipated to increase from $8.1 billion in 2016 to an estimated $15.9 billion in 2031.

Given the high number of short private motor vehicle trips within urban areas, there is significant potential to increase trips on foot and by bike and reduce reliance on private cars and public transport.

Infrastructure Australia recognises the national significance of increasing investment in walking. The Infrastructure Priority List (2020) includes two active transport projects on its Priority Initiatives list (for Sydney and Melbourne). Reducing urban congestion is one of the key drivers for considering these projects as priorities for investment.

Increasing capacity on the road and public transport networks is costly and often problematic within developed cities. Investment in walking infrastructure provides a considerable return on investment. The UK Department for Transport has found that the average Benefit Cost Ratio for walking/cycling projects is 13:1.

Recreational bushwalking/hiking presents a significant tourism opportunity for regional Australia, with several regional areas already enjoying the economic benefits of increasing visitations.

The provision of funding for path or trail infrastructure to regional areas will assist in attracting bushwalking/hiking tourists to these areas and support regional jobs and economies. Bushfire recovery needs to include both reconstruction of existing bushwalking infrastructure and is also an opportunity to develop new infrastructure that will benefit bushwalking (and related activities) and regional communities.

Ordinary Meeting – Tuesday 24 March 2020

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CL20.58 Investment Report - February 2020

HPERM Ref: D20/88120

Section: Finance

Approver: Jane Lewis, Acting Director Finance Corporate & Community Services

Attachments: 1. Monthly Investment Report - Shoalhaven City Council - February 2020 (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.

Recommendation

That

1. 1. The report of the Chief Executive Officer (Finance, Corporate & Community Services Group) on the Record of Investments for the period to 29 February 2020 be received for information.

2. 2. Council note Council’s investment portfolio returned a satisfactory 2.05% for the month of February 2020, exceeding the benchmark AusBond Bank Bill Index (0.95% pa) by 110 basis points (1.10%).

Options

1. The report on the Record of Investments for the period to 29 February 2020 be received for information

Implications: Nil

2. Further information regarding the Record of Investments for the period to 29 February 2020 be requested

Implications: Nil

3. The report of the Record of Investments for the period to 29 February 2020 be received for information, with any changes requested for the Record of Investments to be reflected in the report for the period to 31 March 2020

3. Implications: Nil

Background

Please refer to the attached monthly report provided by Council’s Investment Advisor, CPG Research and Advisory Pty Ltd.

All investments are within the current Minister’s Order. Investments are diversified across the eligible fixed interest universe and well spread across maturities. Available capacity exists in all terms, with medium term particularly relevant to new issues.

Portfolio Return

Council’s investment portfolio returned a satisfactory 2.05% for the month of February 2020, exceeding the benchmark AusBond Bank Bill Index (0.95% pa) by 110 basis points (1.10%).

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 – February 2020

The following table shows the interest earned for the month of February 2020. The interest earned for the month of February was $321,922, which was $27,580 below the current budget.

Fund	Original Monthly Budget	Actual Earned	Difference	Revised Budget	Revised Difference
General	$250,619	$185,356	-$65,263	$239,419	-$54,063
Water	$51,781	$88,095	$36,314	$64,055	$24,040
Sewer	$46,027	$48,471	$2,444	$46,027	$2,444
Total	$348,427	$321,922	-$26,506	$349,501	-$27,580

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 67% of the year passed - the interest earned to the month of February was $3,032,328.40, 67% of the current full year budget.

Fund	Original Total Annual Budget	Actual YTD February	% Achieved	Revised Budget	Revised %
General	$3,266,999	$1,845,647	56.49%	$3,120,999	59.14%
Water	$675,000	$786,755	116.56%	$835,000	94.22%
Sewer	$600,000	$399,926	66.65%	$600,000	66.65%
Total	$4,541,999	$3,032,328	66.76%	$4,555,999	66.56%

The graphs below illustrate the cumulative interest earned for the year for each fund against the original and adjusted budgets.

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	+$9,961,845	February was a rates instalment month.
Financial Assistance Grant	-$1,574,829	One quarter transferred to general fund in line with the Financial Assistance Grant instalment month.
Loans – General Fund	-$1,001,372	Property Acquisitions for Moss Vale road.
Sewer Fund	+$1,825,379	Normal income / expenditure cycle.
Unrestricted Cash	+$10,924,884	February was a rates instalment month.

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

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Description automatically generated

Olena Tulubinska Date: 16 March 2020

Responsible Accounting Officer

Ordinary Meeting – Tuesday 24 March 2020

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CL20.59 Petition asking Council to declare a climate emergency in the Shoalhaven

HPERM Ref: D20/72414

Section: Environmental Services

Approver: Phil Costello, Director Planning Environment & Development Group

Reason for Report

Council has received a petition from change.org requesting that Council declare a climate emergency in the Shoalhaven. The petition has 879 signatures supporting it (a copy of the petition will be available in the councillors room).

The petition is submitted for Council to consider if it wants to adopt the position recommended in the petition and consider the potential impact on Council’s operations, budget, welfare of the community and the environment.

Recommendation

That Council, having considered the petition and background information presented in the report, determine its position on the matter.

Options

1. Should Council support the passing of a motion to declare a climate change emergency in the Shoalhaven, then a suggested recommendation is as follows:

That Council;

a. Declare a climate change emergency and join with the other Australian councils, that have already declared such emergencies in their local government areas;

b. Work actively and collaboratively with the community and all tiers of government to take proactive emergency action to lessen the impact of climate change;

c. Continue with and improve Council’s proactive programs that already address many issues and challenges associated with climate change to ensure that Shoalhaven’s community and environment are safeguarded;

d. Provide a report or briefing to Councillors that includes current and future actions and options to communicate Council’s actions to combat climate change, to the community.

e. The report or briefing above include, but not be limited to –

i. Exploring the production of a ‘state of the environment’ type report, utilising the current Shoalhaven State of the Environment Report Card, that details actions Council is presently undertaking or has plans or budgets for, in climate change mitigation and environmental protection;

ii. Current and/or future actions from each Group that are or will be incorporated into the Delivery Plan/Operational Plan (DPOP).

f. Confirm the review and update Council’s Shoalhaven Adaptation Plan, which expired in 2016, which was developed in 2010 based on a partnership and risk assessment completed with Statewide Mutual; and

g. Inform change.org of actions taken by Council to make the community more resilient to the impact of climate change.

Implications: There are currently 94 rural, regional and metropolitan Councils across Australia, including Bega Valley Shire Council, Kiama Council, Blacktown Council, Woollahra Council, Wingecarribee Shire Council, Ballina Shire council, MidCoast Council, Northern Beaches Council and Wollongong City Council in NSW, that have declared a climate emergency. Council is already committed to bringing about positive change in relation to the impact of climate change in the Shoalhaven. This can be demonstrated by many programs that Council has implemented (as noted in the report). This option supports these and future initiatives to address the impact of climate change.

The review and update the Shoalhaven Adaptation Plan is planned as part of Council’s operational plan. This will address one of Statewide Mutual’s risk improvement issues which are designed as an overall risk management approach to mitigate the risk for all members of the Mutual Fund. Review of the Plan is also programmed as part of Council’s upcoming operational activities to ensure council is eligible for State and Federal grant funding programs which require up-to-date climate adaptation and/or action plans.

2. Should Council wish to adopt a different position, then Council should resolve to:

“Receive and note the report for information”

Implications: Council could continue to explore and adopt innovative strategies that deliver good, sustainable outcomes for Council and the community, based on local needs and wants.

Background

At the Ordinary meeting of Council on 17 December 2019, Councillor Digiglio presented a petition with 879 signatures from change.org requesting that Council declare a climate emergency in the Shoalhaven.

Local governments play an important role in achieving nation-wide climate action.

The community, generally, has had its awareness of climate change raised by media sources reporting on climate change politics and on extreme weather events that have impacted locally, as well as elsewhere in Australia and overseas.

Since 2008, when the Climate Change Risk Management Committee was established by resolution of Council, Shoalhaven Council has acknowledged the impact of climate change.

At that time City Services and Operations identified the following as potential risks for Council assets arising from climate change:

· Severe storm events, leading to road closures, damage to infrastructure, flash floods

· Increase bushfire frequency and extent

· Drought impacting on sports grounds, parks and landscaping

· Biosecurity risk posed by weeds through climate change adaption

· Sea level rise and potential impact on seaside communities and infrastructure

· Impact of sea level rise on flood mitigation structures

· CO² emissions from the West Nowra Landfill

The report stated that there was a need to raise awareness, change attitudes and drive cultural change within the community and Council.

It also noted “community expectations will increasingly influence political processes in respect of this issue.”

The Terms of Reference for the Climate Change Risk Management Committee stated, “The establishment and actions of this committee will help to demonstrate that Council is taking preventative action [in relation to climate change] against any threat to the health, safety and welfare of the community.”

The following “brief” was given to the committee:

· “Internationally and nationally, climate change has been recognised as a threat, to which this working group will respond at a local level;

· Recommend key actions to Council for discussion;

· Identify and action funding opportunities which will improve Council’s understanding and readiness;

· Investigate opportunities which will improve Council’s understanding and ability to respond; and

· Identify ways to educate the community about the potential impacts of climate change”

The desired outcomes/outcomes were:

“The working group will make recommendations to improve the process of addressing and responding to climate change within the Shoalhaven Local Government area.”

Council has continued to implement steps to address climate change, and has introduced several initiatives which include, but are not limited to, the following examples, however a proactive coordinated approach is required.

· REMS scheme – provided water to farmers for irrigation

· Use of waterless urinals in Council’s Administration Building

· Berry Wastewater Treatment Plant – 22.5kW solar PV system and battery storage – reducing grid sourced electricity usage by 20%

· Bamarang Water Treatment Plant – 25 kW solar PV system – reducing grid sourced electricity usage by 20%

· Trialling of 3 fully electric vehicles on Council fleet

· Negotiating with Endeavour Energy to upgrade street lighting to energy efficient LED lights

· Project to extend the life of West Nowra Recycling and Waste Facility by installation of new facility that will reclaim 90% of household rubbish for recycling

· Programs in place to reduce CO² emissions from the West Nowra Recycling and Waste Facility to pre-2008 levels

· Adoption of Energy targets, action plan and strategy

To proactively address climate change and mitigate the impacts on Council’s assets and services, resourcing needs to be allocated to update Council’s Shoalhaven Adaption Plan 2010 prepared in partnership with Statewide Mutual and update Council’s Sustainability Action Plan. Such a review will ensure that the plan represents current Community and Council sentiment regarding matters associated with climate change and sustainability. Without an adopted Climate Action and/or Adaption Plan Council may not be eligible for many State and Federal grant programs.

Community Engagement

No specific community engagement has been undertaken by Council in regard to this petition however, recent events in the Nowra which involved over 200 gathering in Harry Sawkins Park and 1000 marching through the CBD reflect a desire for change.

Policy Implications

Minimal, given projects and practices already in place.

Financial Implications

Minimal, given many projects and practices already in place. Updating Shoalhaven Adaption plan would allow Council to plan and mitigate impacts of climate change including potential financial costs.

Risk Implications

Council is already responding to climate change in a positive manner. Declaration of a climate change emergency would have minimal impact on Council operations however would allow, climate action initiatives to be implemented to address this risk which is in-line with Statewide Mutual’s risk management approach.

Ordinary Meeting – Tuesday 24 March 2020

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CL20.60 Coastal and Estuary Grants Program- Implementation Stream 2019-20 - Two Grant Offer - Preparation of Shoalhaven Environmental Monitoring Program & Shoalhaven Beach Asset Management Strategy

HPERM Ref: D20/73895

Section: Environmental Services

Approver: Phil Costello, Director Planning Environment & Development Group

Reason for Report

To report the successful grant applications for the Shoalhaven Beach Asset Management Strategy and the preparation of an Integrated Shoalhaven Coastal Environmental Monitoring Program under the NSW Department of Planning, Industry and Environment (DPIE), Coast and Estuary Program Grant Program, which are actions within Council’s Coastal Zone Management Plan for the Open Coast. The report recommends acceptance of the grant offers.

Recommendation

1. That Council accept the offer of financial assistance from NSW Department of Planning, Industry and Environment (DPIE), under the 2019/20 NSW Coast and Estuary Grants Program – Implementation Stream, for the following two (2) projects:

a. $60,000 for the Shoalhaven Beach Asset Management Strategy;

b. $45,000 for the preparation of an Integrated Shoalhaven Coastal Environmental Monitoring Program; and

2. Council provide matching funding of $60,000 from the Coastal Management Program Budget (15931) for the Integrated Shoalhaven Coastal Environmental Monitoring Program and $45,000 from the Coastal Erosion Budget (75742) for the Integrated Shoalhaven Coastal Environmental Monitoring Program; and

3. Write to the Minister for Energy and Environment, Matthew Kean thanking the Government for the ongoing support to the program.

Options

i. As recommended.

Implications: Effective environmental monitoring and coastal access planning are essential components of strategic coastal management and will provide evidence-based data for Council staff, partner agencies and the community.

ii. Council not accept the coast and estuary grant funding.

Implications: Council will not be able to proceed with the proposed works which are actions in Council’s Coastal Zone Management Plan for the Open Coast.

Background

Council applied for three (3) projects under the Coastal and Estuary Grant Program 2019/20 Implementation Stream as follows.

1. Coastal Slope and Instability Community Education Management strategy - This project was unsuccessful.

2. Preparation of an Integrated Shoalhaven Environmental Monitoring Program –

This project was successful. It incorporates actions from the adopted Coastal Zone Management Plan (CZMP), which include action C1.7, to collate all monitoring actions and develop an environmental monitoring program which will include sustainable tourism action (C2.5).

There are many monitoring activities currently being undertaken by various council staff and the Shoalhaven CZMP identifies additional environmental monitoring activities that need to be undertaken, these are as follows.

· Action C5.3 - As part of any beach scraping activities, establish a monitoring program to continue investigations of baseline ecological condition/diversity for affected beaches. The monitoring program would be established in consultation with DPI Fisheries

· Action C6.4 - Incorporate monitoring of public land and infrastructure, including viewing platforms, stormwater drainage, sewer and water infrastructure in identified coastal cliffs and slopes risk areas, to ascertain any leaks or requirements for repair, into Council’s maintenance programs. Relocate viewing platforms where necessary

· Action C7.1 - Establish coastal monitoring program to collect baseline condition data for post storm beach erosion, king tide monitoring and entrance condition (e.g. use LiDAR data for beaches and dunes, when available from the NSW Government, to analyse change to coastal landforms and vegetation). Utilise ‘citizen scientists’ where applicable.

All these activities, existing and future, will be identified, costed, coordinated and programmed into a single implementation program. This is as outlined under section 2.4.1, Monitoring Coastal Condition and Change, of the Shoalhaven CZMP. The Environmental Monitoring Program will also include a communications plan, so the results of the monitoring are easily accessible to the community and other stakeholders. Council’s coastal monitoring programs include ecological health, water quality and risk from coastal hazards. The program will allow council to determine the success and effectiveness of its management activities and adapt its management in response to future pressures and changes.

3. Shoalhaven Beach asset management strategy – This project was successful and fulfills action C4.1 from the adopted Shoalhaven CZMP, which is to develop a strategy to rationalise beach access ways based on environmental, social and economic factors. The review results will be incorporated into the review of Council’s Coast and Estuary Asset Management Plan to guide long term response of coastal access upgrades.

Council manages 40 beach compartments with 220 beach access points exposed to a wide variety of coastal impacts. Many gates, fences, stairs, paths, signage and viewing areas along the coast were installed over 30 years ago and are subject to harsh conditions. These assets are now approaching the end of their design life. A beach access strategy including methodology for access rationalisation, will be developed. This will allow strategic management of Council's beach assets, reduction in unnecessary access with restoration of the dunes in these coastal locations. Council will strategically target its resources on managing accessways, with a priority on the social, economic and environmental values of each beaches accessways. The Coast and Estuary Asset Management Plan (AMP) was developed and adopted by Council in 2009. The AMP will be reviewed in 2020/21, and the beach access strategy will directly inform the review of the coast and estuary AMP.

Community Engagement

Community consultation will be undertaken during the development and delivery phase of both projects. Direct consultation with the community and stakeholders will be crucial to the successful delivery of these projects.

Policy Implications

As previously mentioned, both these projects are actions within the Shoalhaven CZMP for delivery within a two (2) year timeframe.

Financial Implications

It is recommended that Council provide matching funding from existing operational budgets of $60,000 from the Coastal Management Program Budget (15931) for the Integrated Shoalhaven Coastal Environmental Monitoring Program and $45,000 from the Coastal Erosion Budget (75742) for the Integrated Shoalhaven Coastal Environmental Monitoring Program.

Risk Implications

The Shoalhaven Beach Asset Management Strategy is needed to reduce the risk to Council for the long-term management of its beach access assets, which are currently reaching their end of design life. The current replacement and repair required is beyond Council capacity to finance and are a risk liability to Council. A clear strategy is required so that a pathway forward on rationalisation, repair and replacement of the beach accessway is clear to all stakeholders.

Ordinary Meeting – Tuesday 24 March 2020

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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.

(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.

(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.