Agenda of Ordinary Meeting

Ordinary Meeting

Meeting Date: Tuesday, 28 April, 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 - 24 March 2020

· Extra Ordinary Meeting - 7 April 2020

6. Declarations of Interest

7. Call Over of the Business Paper

8. Presentation of Petitions

9. Mayoral Minute

10. Deputations and Presentations

11. Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

CL20.69....... Rescission Motion - CL20.65 Council Policy Variation - COVID 19 & Economic Crisis Financial Assistance....................................................................................... 1

CL20.70....... Notice of Motion - CL20.65 Council Policy Variation - COVID 19 & Economic Crisis Financial Assistance....................................................................................... 5

CL20.71....... Rescission Motion - DE20.22 Development Application – 83 Quay Road, Callala Beach – Lot 17 Sec N DP 8188..................................................................... 6

CL20.72....... Notice of Motion - DE20.22 - Development Application – 83 Quay Road, Callala Beach – Lot 17 Sec N DP 8188..................................................................... 7

CL20.73....... Rescission Motion - DE20.23 - Development Application - DA19/1852 - 43 Tahnee Street, Sanctuary Point - Lot 47 DP 1243551................................................ 8

CL20.74....... Notice of Motion - DE20.23 - Development Application - DA19/1852 - 43 Tahnee Street, Sanctuary Point - Lot 47 DP 1243551................................................ 9

CL20.75....... Rescission Motion - DE20.25 Development Application – Lake View Drive Burrill Lake – Lot A DP21307.......................................................................................... 10

CL20.76....... Notice of Motion - DE20.25 - Development Application – Lake View Drive Burrill Lake – Lot A DP21307.......................................................................................... 11

CL20.45....... Notice of Motion - Community Led Bay & Basin Strategic Plan - Funding Allocation...................................................................................................................... 12

CL20.77....... Notice of Motion - Lake Tabourie................................................................. 15

CL20.78....... Notice of Motion - Dogs Off Leash Area - Shoalhaven Heads.................... 16

CL20.79....... Notice of Motion - Pathway from Bomaderry Train Station to Bomaderry Indoor Sports Stadium......................................................................................................... 22

CL20.80....... Notice of Motion - International Inquiry - COVID 19.................................... 24

CL20.81....... Notice of Motion - State Government Approval for Coal Mining under Woronora River Catchment.................................................................................................... 25

12. Committee Reports

CL20.82....... Report of the Strategy & Assets Committee - 10 March 2020.................... 27

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

CL20.83....... Report of the Strategy & Assets Committee - 21 April 2020....................... 28

SA20.53...... Policy Amendment - Creation of an Asset Protection Zone (APZ) over Council Owned or Managed Land

SA20.54...... Land Acquisition and Public Road Dedication for the Purpose of the Far North Collector Road

SA20.57...... Acquisition of Land and Easement - Captain Street Vincentia

CL20.84....... Report of the Shoalhaven Arts Board - 27 February 2020.......................... 30

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

CL20.85....... Report of the Inclusion & Access Advisory Group - 16 March 2020........... 31

IA20.1.......... Membership Application - Inclusion and Access Advisory Group - Frederick Oberg

IA20.5.......... White Sands - Lift and Change Facility

CL20.86....... Report of the Shoalhaven Sports Board - 18 March 2020........................... 33

SB20.3........ Call for Expression of Interest - Disadvantaged Sporting Groups

13. Reports

CEO Group

CL20.87....... COVID 19 Motions update........................................................................... 34

CL20.88....... Appointment of independent member to Audit, Risk and Improvement Committee...................................................................................................................... 38

CL20.89....... Bushfire Recovery Update from Local Recovery Coordinator Mr Vince De Pietro...................................................................................................................... 40

CL20.90....... Grant - Restart NSW - Growing Local Economies Fund - Flinders Industrial Estate...................................................................................................................... 47

CL20.91....... Grant - AusIndustry - Support for Business - SME Export Hubs................. 50

Finance Corporate & Community Services

CL20.92....... Modification of statutory requirements in response to the COVID-19 pandemic 52

CL20.93....... COVID 19 Workplace Health and Safety Response................................... 57

CL20.94....... Local Government (COVID-19) Splinter (Interim) Award 2020................... 70

CL20.95....... Investment Report - March 2020.................................................................. 72

Assets & Works

CL20.96....... Tenders - Supply, Install and Commission Glass Recycling Plant.............. 78

Planning Environment & Development

CL20.59....... Petition asking Council to declare a climate emergency in the Shoalhaven 80

CL20.97....... Variations to Development Standards - March Quarter 2020...................... 84

Shoalhaven Water

CL20.98....... Water & Sewerage Headworks Charges Assistance for Developments Policy Update...................................................................................................................... 87

Planning Environment & Development

Addendum Report - Implementation Report - Notice of Motion - CL20.62 Coronavirus (COVID-19) - Preparedness

14. Confidential Reports

Reports

CCL20.4...... Tenders – Confidential Report - Supply, install and commission glass recycling plant

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

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

Ordinary Meeting – Tuesday 28 April 2020

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CL20.69 Rescission Motion - CL20.65 Council Policy Variation - COVID 19 & Economic Crisis Financial Assistance

HPERM Ref: D20/131658

Submitted by: Clr Amanda Findley

Clr John Levett

Clr Nina Digiglio

Purpose / Summary

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

Recommendation

That Council rescind the following parts of the resolution in relation to CL20.65 Council Policy Variation – COVID 19 & Economic Crisis Financial Assistance adopted at the Extra Ordinary Meeting 7 April 2020.

7d. Fast Track Unit for Employment Generating Proposals

Council establish a ‘fast track’ development assessment unit for the processing of development applications for projects of a commercial nature that will result in the creation of jobs (other than construction jobs).

The fast track unit is to focus on these development applications and have the same determined within 21 Days when Council receives a complete application.

7h. Be pro-active, process DA’s quickly and efficiently.

The CEO or delegate is to work pro-actively with DA applicants and determine applications in the timeliest manner possible. The ‘clock’ shall not be stopped on any development application to request additional information if it is the case that the development application in question can be determined with conditions of consent. The clock may only be stopped on any development application unless there is unsupplied information that is essential in order for a planning determination to be made. Requests for additional information must not be made unless it is critical and the information required cannot be provided by the applicant at a later date in accordance with conditions of consent.

7i. Applications stuck in the system

Any development application that has been with the Council for assessment for a period of more than 90 days be reported to the Development Committee for Determination.

The Development Committee consider sitting weekly to determine any development application that has been lodged with Council for more than 90 days until there are no such development applications.

7j. Immediate acknowledgement of Development Applications

Upon lodgement of a development application, the Council is to immediately acknowledge receipt of the application and on the same business day, render and invoice for development application fees and ensure the DA applicant receives a copy on the day of lodgement.

7k. The delegation to the CEO be rescinded to determine a development application by refusal until the end of COVID 19 crisis

The refusal of a development application must only be by Council/Committee resolution

Background

The following resolution (MIN20.240) was adopted at the Extra Ordinary Meeting held Tuesday 7 April 2020.

That:

1. In line with all other levels of Government in responding to the COVID 19 health and economic crisis, Shoalhaven City Council commits to the principle of playing our part in the delivery of relief and requests the Chief Executive Officer to prepare an urgent report for consideration by the Council on the options available to the Council to provide relief to ratepayers by making a payment under S356 of the Local Government Act 1993 as amended, of $300 per rate assessment in the 2020-2021 financial year. This should be accompanied by a further recommendation from the CEO for the most expeditious and effective means by which such financial relief may be funded by drawing resources from across the organisation, as well as a methodology to allow those ratepayers wishing not to participate in the scheme the ability to opt out.

2. The Strategy & Assets and Development & Environment Committees be retained with existing delegated authority from Council and the CEO be directed to refer as much Council business to these Committees as possible.

3. To comply with national recommendations and until directed otherwise Council continue to hold Ordinary, Extraordinary and major Committee meetings from the Council Chamber with Councillors and staff encouraged to attend electronically as far as possible, noting the essential function of Council’s services. To enable points of order and procedural motions, the mute function must not be used to silence a Councillor, however Councillors may instead self-manage the mute function. This motion varies previous resolutions of Council in respect of rate relief and Committee meetings.

4. The CEO report back to Council on the best measures to give relief to sporting, arts and community groups who have been adversely impacted by the implementation of COVID 19 restrictions.

5. The CEO to provide progress report on the review of fee and charges applicable to business.

6. The CEO to report on a strategy to redeploy Staff taking into account long service leave where relevant to positions that have been impacted by closure of sections of Council Council’s operation.

7. To maintain, continue and encourage as much economic activity as possible Council adopt the following policies, to be followed by an implementation report from the CEO:

a. Waive fees for pre-lodgement meetings

b. Discount DA lodgement fees by 50%.

c. Transfer of Duties

The CEO consider transferring Staff from Council’s compliance unit to the development assessment, if they are qualified or have the experience to assess and determine development applications.

d. Fast Track Unit for Employment Generating Proposals

The fast track unit is to focus on these development applications and have the same determined within 21 Days when Council receives a complete application.

e. Discounting of Water and Sewer Headworks Charges

Section 64 Developer Contributions for water and sewer headworks charges continue to be discounted. The rate of discount be a uniform 75 % in line with current policy provisions for all development. Larger developments that currently only qualify for the 50% discount, shall now receive a 75% discount. Any proposal that has been approved where development contributions have not yet been paid qualify for the discount.

f. Discounting of Section 7.11 Developer Contributions (Section 94 Contributions)

Council, as a matter of policy, discount all developer contributions levied under Section 7.11 of the EPA Act 1979 (As Amended) by 50% for any proposal that will result in the creation of employment, or places of employment (i.e. new retail buildings, buildings of a commercial nature, industrial buildings and the like (other than construction jobs).

g. Amend the Current Shoalhaven Development Contributions Plan

New generation boarding house developments (boarding houses) are to be specifically addressed within the contributions plan. The current practice of treating each boarding room within a boarding house as a 1-bedroom apartment or flat is inappropriate and it is disincentivising the supply of affordable housing which is critically needed.

Contributions for Boarding houses should be levied at 0.2 ETs per boarding room and not the current 0.4ETs as per current practice.

h. Be pro-active, process DA’s quickly and efficiently.

i. Applications stuck in the system

Any development application that has been with the Council for assessment for a period of more than 90 days be reported to the Development Committee for Determination.

The Development Committee consider sitting weekly to determine any development application that has been lodged with Council for more than 90 days until there are no such development applications.

j. Immediate acknowledgement of Development Applications

k. The delegation to the CEO be rescinded to determine a development application by refusal until the end of COVID 19 crisis

The refusal of a development application must only be by Council/Committee resolution

Note by the CEO

There is a report included on the Agenda for the Ordinary Meeting on 28 April 2020 providing an update to Council on work ng being done in response to Council’s resolution on CL20.65 from the Extraordinary Meeting on 7 April 2020.

Ordinary Meeting – Tuesday 28 April 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

This item was deferred from the Ordinary Meeting 24 March 2020.

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 28 April 2020

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CL20.79 Notice of Motion - Pathway from Bomaderry Train Station to Bomaderry Indoor Sports Stadium

HPERM Ref: D20/139982

Submitted by: Clr Nina Digiglio

Purpose / Summary

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

Recommendation

That Shoalhaven City Council in line with the PAMP program consider the possibility of designing a pathway from Bomaderry Railway station to the Bomaderry Indoor Sports Stadium. The aim is to stimulate employment opportunities during the COVID 19 economic slump and improvement of local infrastructure, as well as provide opportunities for all age groups to access the path for leisure, sport and school travel in the Bomaderry area.

1. Request a report from the CEO to assess the feasibility in alignment with the PAMP Objectives.

2. Shovel ready projects like this will attract funding by State/ Federal Governments.

3. Upgrade the PAMP to include this project.

Background

Activity in Bomaderry centres around the rail station on Meroo Street, with a smaller retail centre on Lyndhurst Drive and a number of leisure facilities and schools located on Cambewarra Road.

The main shopping centre and the rail station are located on Meroo Street on the eastern side of Bomaderry. Pedestrian access from the station to the shopping area is via a marked pedestrian crossing across the car park and then build-outs (with vehicle priority) to assist with crossing Meroo Street. There is a small retail centre on Lyndhurst Drive. There are good pedestrian facilities within and immediately adjacent to the Meroo Street centre, however these do not link to other facilities.

There are a number of activities on Cambewarra Road that are likely to attract a large proportion of young visitors – 2 schools, swimming centre, Oval and, of course, the new Indoor Sports Stadium. A pathway would allow people across the region to access it. More importantly in a place like Bomaderry, where there are many vulnerable families, access to a path would be of value. Also for those coming from the rail line a path would encourage the use of services from the rail to the stadium.

The majority of the Bomaderry urban area and activities are located to the east of the Highway.

The PAMP study is one of the first stages in the process of improving pedestrian planning in the Shoalhaven area and therefore marks the start of an ongoing process. The PAMP may be adapted and updated to reflect the changing needs of pedestrians in the local area as well as any major land use or transport infrastructure developments.

The main objectives of the PAMP are as follows:

· Integrate walking into the transport system

· Link the pedestrian network with key land uses and activities

· Reduce pedestrian severance – remove barriers to walking

· Improve access for all

· Ensure the consistent development of facilities

· Encourage more walking

· Improve safety for pedestrians

Other things include

1) Integration of walking into the transport system as a legitimate form of transport to encourage more walking.

2) Linking pedestrian concentrations to pedestrian facilities to facilitate accessibility and mobility.

3) Identify and resolve pedestrian crash clusters.

4) Development and integration of intra and inter pedestrian concentration routes that complement the ‘Safer Routes to Schools’ project and LATM schemes.

5) To reduce pedestrian access severance and enhance safe and convenient crossing opportunities on major roads.

6) To facilitate improvements in the level of personal mobility and safety for pedestrians with disabilities and older persons through the provision of pedestrian infrastructure and facilities that cater for the needs of all pedestrians.

7) To ensure pedestrian facilities are employed in a consistent and appropriate manner throughout Shoalhaven Council area.

8) Link existing road user plans in a coordinated manner.

9) To ensure that pedestrian facilities remain appropriate and relevant to existing and future land use and pedestrian user groups.

10) To accommodate special events needs of pedestrians

Ordinary Meeting – Tuesday 28 April 2020

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CL20.81 Notice of Motion - State Government Approval for Coal Mining under Woronora River Catchment

HPERM Ref: D20/141310

Submitted by: Clr John Levett

Purpose / Summary

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

Recommendation

That

1. Council notes that the NSW Government has granted planning approval for an expansion of underground coal mining operations in the catchment of Woronora Reservoir, a key dam in the supply of drinking water to Sydney.

2. That Council acknowledges the weight of evidence that mining activities in the catchment could compromise the integrity of the water storages and have caused significant leakages in the past as well as flow on environmental damage to the surrounding water table.

3. The CEO writes to the Premier of NSW, Gladys Berejiklian; Minister for Planning and Public Spaces, Rob Stokes; the Member for Kiama, Gareth Ward and the Member for South Coast, Shelley Hancock expressing concern at this decision and requesting its reversal on the basis that Shoalhaven Water as a backup to Sydney Water in times of drought has a significant interest in maintaining the capacity and integrity of the Sydney water catchment

Background

In a letter to the Planning Department last month, WaterNSW Manager for Catchment Protection, Clay Preshaw, said the extension of South 32’s Dendrobium underground mine in the Illawarra region could trigger rock fracturing and potential water losses for nine major watercourses and about 100 smaller tributaries.

“WaterNSW remains strongly opposed to this project in its current form as none of its key concerns have been adequately addressed on the expansion plan”

Mr Preshaw wrote; “The Agency believed there had been “insufficient consideration” of a mine design that would prevent or minimise drainage cracks reaching the surface. South 32’s predicted additional losses of as much as 5.2 million litres a day from the extension might also be an underestimation.”

Mr Preshaw added; “WaterNSW also reiterates its position that the setbacks from the (Avon and Cordeaux) Dam walls should be increased to at least 1500m due to potential far field differential movements. Should any impacts occur to these dams, the consequences could be extreme”.

(Peter Hanna, Environmental Editor, Sydney Morning Herald, 20 April 2020)

Minister for Planning and Public Spaces, Rob Stokes, has defended the Government’s position saying that it would accept all 50 recommendations of “an independent expert panel for future mining in Sydney’s catchments”.

Gary Schoer of the National Parks Association has been critical of the Minister’s position and the boast by Minister Stokes on 18 April that he would ensure that “every measure (will be) in place to protect Sydney’s water supply for generations to come.” Schoer asked; “Once water is lost how will “offsetting” magically create a net gain in water?” He poses another question; “How will urgent adaptive management principles be applied later to mandate measures to eliminate the risk of surface subsidence, water loss from streams and damage to important swamp ecology? Unless this can occur; “the Precautionary Principle” dictates that we should join the rest of the World in keeping known damaging long-wall coal mines out of our drinking water catchments.”

Lock the Gate spokesperson, Nic Clyde, has welcomed WaterNSW criticism of South 32’s plans with the reminder that in 2018 it was revealed that six billion litres of water had been diverted from creeks feeding Sydney water catchments into underground coal mines in the special areas which should be declared by the Government as “off limits to new coal mining”.

Professor Stuart Khan of UNSW’s School of Civil and Environmental Engineering Research has been quoted as saying that; “We would be very foolish to ignore WaterNSW’s wide ranging and very significant concerns” and added that; “I strongly agree with the concerns of WaterNSW regarding the heavy reliance on post approval management of risks. Once a project is approved, the major opportunities to avoid significant risks are lost”

Terry Barratt, Retired Environmental Scientist, Sydney Water and Shoalhaven resident has made this comment; “The total average daily inflows of water during the severest periods of the recent drought around Sydney into the mines under the Avon and Cordeaux catchments has been running at 7.5 million litres per day. More mining under these reservoirs can only mean more depletion of water for the growing City of Sydney. Where will the NSW Government look to make up for this short-sighted commitment to mining fossil fuels from sensitive water supply systems? The Shoalhaven River of course!”

I have seen first hand while bushwalking in the Woronora Dam area the cracking of stream beds around O’Hares Creek, Flat Rock Creek and Waratah Rivulet, caused by mining under the Sydney Water Catchment.

This motion is about maintaining water security and avoiding more damage to an extremely valuable catchment. The Shoalhaven people have a stake in this matter beyond seeing sound governance prevail.

Ordinary Meeting – Tuesday 28 April 2020

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CL20.83 Report of the Strategy & Assets Committee - 21 April 2020

HPERM Ref: D20/143108

SA20.53 Policy Amendment - Creation of an Asset Protection Zone (APZ) over Council Owned or Managed Land

HPERM Ref: D20/37334

Recommendation

That Council adopt the revised Policy - “Creation of an Asset Protection Zone (APZ) over Council owned or Managed Land”, as presented (current reference POL19/10 proposed reference POL20/6).

SA20.54 Land Acquisition and Public Road Dedication for the Purpose of the Far North Collector Road

HPERM Ref: D20/56193

Recommendation

That Council:

1. Acquire part of the following parcels of land (to allow for the construction of the Far North Collector Road (Illaroo Road to Moss Vale Road):

a. Part of Lot 1 DP 553658 - 333 Illaroo Road Bangalee, identified as Lot 11 in the Proposed Acquisition Plan, being 1,465m2;

b. Part of Lot 4 DP 856665 – West Cambewarra Road North Nowra known as Bernie Regan Sporting Complex, identified as Lot 10 in Proposed Acquisition Plan, being 593.7m²;

2. Fund all costs associated with acquisition from Job Number 85979, Land Acquisition – Far North Collector Road;

3. Authorise the Chief Executive Officer to execute all documents necessary to give effect to this resolution and affix the Seal of the Council of the City of Shoalhaven to any documents required to be sealed;

4. Upon registration of the Plan of Acquisition, authorise by notice in the Government Gazette, the dedication Lot 10 and Lot 11 in the Proposed Acquisition Plan as Public Road in accordance with Section 10 of the Roads Act 1993.

SA20.57 Acquisition of Land and Easement - Captain Street Vincentia

HPERM Ref: D20/114712

Recommendation

That:

1. Council resolve to compulsorily acquire from NSW Planning & Environment Commission:

a. Proposed Lot 1 DP1236981 at Captain Street Vincentia, shown on attached copy of that deposited plan.

b. An Easement for Right of Access 4.555 wide & variable width over proposed Lot 2 DP1236981 marked (E) on the attached copy of that deposited plan.

2. Council pay compensation and costs associated with the acquisition, in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991, from Council’s Sewer Fund.

3. The necessary application be made to the Minister for Local Government and the Governor. The acquisition is to be carried out under the Local Government Act 1993 and in accordance with the Native Title Act.

4. The land to be acquired be classified as Operational land in accordance with Section 31(2) of the Local Government Act 1993

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

Ordinary Meeting – Tuesday 28 April 2020

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CL20.87 COVID 19 Motions update

HPERM Ref: D20/143955

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

Reason for Report

To provide an update to Council on the work being undertaken to progress the Resolution of the Council on 7 April 2020 (MIN20.240) in relation to the Item CL20.65 Notice of Motion – Council Policy Variation – COVID19 & Economic Crisis Financial Assistance.

Recommendation

That Council receive and note this update report on the work being undertaken to progress the Resolution of the Council on 7 April 2020 (MIN20.240) in relation to the Item CL20.65 Notice of Motion – Council Policy Variation – COVID19 & Economic Crisis Financial Assistance.

Options

1. As recommended

Implications: The report and included timeframe is accepted by the Council

2. An alternate recommendation

Implications: Not known

Background

Council Resolved on 7 April 2020 (MIN20.240) the following with respect to COVID- 19 Response:

That:

4. The CEO report back to Council on the best measures to give relief to sporting, arts and community groups who have been adversely impacted by the implementation of COVID 19 restrictions.

5. The CEO to provide progress report on the review of fee and charges applicable to business.

7. To maintain, continue and encourage as much economic activity as possible Council adopt the following policies, to be followed by an implementation report from the CEO:

a. Waive fees for pre-lodgement meetings

b. Discount DA lodgement fees by 50%.

c. Transfer of Duties

The CEO consider transferring Staff from Council’s compliance unit to the development assessment, if they are qualified or have the experience to assess and determine development applications.

d. Fast Track Unit for Employment Generating Proposals

The fast track unit is to focus on these development applications and have the same determined within 21 Days when Council receives a complete application.

e. Discounting of Water and Sewer Headworks Charges

f. Discounting of Section 7.11 Developer Contributions (Section 94 Contributions)

g. Amend the Current Shoalhaven Development Contributions Plan

Contributions for Boarding houses should be levied at 0.2 ETs per boarding room and not the current 0.4ETs as per current practice.

h. Be pro-active, process DA’s quickly and efficiently.

i. Applications stuck in the system

Any development application that has been with the Council for assessment for a period of more than 90 days be reported to the Development Committee for Determination.

The Development Committee consider sitting weekly to determine any development application that has been lodged with Council for more than 90 days until there are no such development applications.

j. Immediate acknowledgement of Development Applications

k. The delegation to the CEO be rescinded to determine a development application by refusal until the end of COVID 19 crisis

The refusal of a development application must only be by Council/Committee resolution

The CEO together with the Council’s Continuity Management Team (CMT) has been coordinating the response and activation of the separate parts of the resolution. The below table outlines the status of each item and where relevant, when further reports are scheduled to be provided to the Council.

Minute Part	Topic	Status/ When Report to be provided	Responsible Group
1	Payment under s356 of $300 to ratepayers	Report to Strategy & Assets on 12 May 2020	CEO
2	Strategy and Assets, Development & Environment be retained and be referred matters not requiring Council Resolution	Complete	FCCS
3	Conduct of Electronic Meetings	Complete	FCCS
4	Report on measures to give relief to sporting, arts and community groups	Report to Strategy & Assets – 12 May 2020	FCCS
5	Progress report on the review of fee and charges applicable to business.	Report to Strategy & Assets 12 May 2020	ED
6	Report on a strategy to redeploy Staff	Detailed Internal Management Report completed. Implementation report to Strategy & Assets 12 May 2020	FCCS
7a	Waive fees for pre-lodgement meetings	Addendum to this meeting (O/M 28 April 2020)	PED
7b	Discount DA lodgement fees by 50%	Addendum to this meeting (O/M 28 April 2020)	PED
7c	Transfer of Duties – Compliance Staff	Addendum to this meeting (O/M 28 April 2020)	PED
7d	Fast Track Unit for Employment Generating Proposals	Addendum to this meeting (O/M 28 April 2020)	PED
7e	Discounting of Water and Sewer Headworks Charges	Report to this meeting - 28 April 2020	SW
7f	Discounting of Section 7.11 Developer Contributions (Section 94 Contributions	Report to 26 May Ordinary Meeting or earlier Extra- Ordinary Meeting	PED
7g	Amend the Current Shoalhaven Development Contributions Plan	Addendum to this meeting (O/M 28 April 2020)	PED
7h	Be pro-active, process DA’s quickly and efficiently	Addendum to this meeting (O/M 28 April 2020)	PED
7i	DA’s with Council for more than 90 days	Addendum to this meeting (O/M 28 April 2020)	PED
7j	Immediate acknowledgment of DAs	Addendum to this meeting (O/M 28 April 2020)	PED
7k	Removal of Delegation to CEO to Refuse DA’s	Completed	FCCS/ PED

Updates on these matters will be regularly provided to the Council. Where an unreasonable time delay may be caused by the Council Meeting cycle, Extra Ordinary Meetings may be called to deal with business.

Ordinary Meeting – Tuesday 28 April 2020

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CL20.88 Appointment of independent member to Audit, Risk and Improvement Committee

HPERM Ref: D20/137649

Section: Executive Strategy

Approver: Stephen Dunshea, Chief Executive Officer

Reason for Report

The purpose of this report is to seek endorsement from Council for the appointment of a new independent Audit, Risk and Improvement Committee member in accordance with Council’s Audit, Risk and Improvement Committee Charter.

Recommendation

That Mr John Gordon be appointed as the new independent member of the Audit, Risk and Improvement Committee for the term of May 2020 to April 2024.

Options

1. That the recommendation be accepted.

Implications: This will enable the appointment of a skilled and experienced member to the committee for effective functioning of Council’s Audit, Risk and Improvement Committee.

2. Seek further information in relation to the matter.

Background

Diana Price, independent member of Audit, Risk and Improvement Committee resigned in August 2019 after completion of 3½ years on the committee due to personal reasons. This created vacancy for an independent member on the committee.

A targeted expression of interest process was initiated for the recruitment of the new member as a specific skill (strong financial background) was identified as a key selection criterion for the new member to complement the skills of the existing members enabling equilibrium.

Agencies such as NSW Prequalification Scheme, Institute of Internal Auditors and Local Government Internal Audit Network were approached to get recommendations and contact details for potential members. Council was unable to get any recommendations from the NSW Prequalification Scheme as they were still working with the Office of Local Government on the prequalification scheme for local councils as per the proposed guideline on ‘A new risk Management and Internal Audit Framework for Local Councils in NSW’.

A panel consisting of the Mayor, Chief Executive Officer and the Audit, Risk and Improvement Committee Chair was formed for the interviews. After consideration of each candidate, the panel determined that Mr John Gordon was the preferred applicant for the role and had the skills and experience necessary to fulfill the requirements of the role. He would also complement the existing skills of the other Audit, Risk and Improvement Committee members.

Mr Gordon is immensely experienced and qualified. He is a retired partner of PwC, served as Senior Assurance (Audit) Partner from the Resources, Services and Government (RSG) Industry Group and currently hold appointments as Chair or Member on 12 Audit & Risk Committees in NSW, including for eight (8) councils. He also holds a Directorship on South Western Sydney Local Health District and recently retired from a term as Director of the NSW Historic Houses Trust Foundation.

Further information on his experience and qualification can be seen on the following link on LinkedIn: https://www.linkedin.com/in/john-gordon-12387024/?originalSubdomain=au

Financial Implications

The role will be renumerated through the existing budget allocation for the Audit, Risk and Improvement Committee membership.

Ordinary Meeting – Tuesday 28 April 2020

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CL20.89 Bushfire Recovery Update from Local Recovery Coordinator Mr Vince De Pietro

HPERM Ref: D20/140926

Approver: Stephen Dunshea, Chief Executive Officer

Reason for Report

To update Council on the Bushfire Recovery.

Recommendation

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

Continuing Global Emergency and Contingency Planning

COVID19 pandemic affect directly all personal, community, organisational and all levels of Government focus and activity. Bushfire Recovery activity continues at a steady and impressive pace, morphing as required to comply with frequent updates and restrictions to the preventative and protective measures being imposed by Federal and State Government. Public gathering restrictions, suspension of business and commercial operations, travel advisories and precautions remain in force and will do so for the foreseeable future.

The recommencement of the Councillors’ Consultative Group from 30 April 2020 will afford the opportunity to review decisions or motions already approved, keeping close the identified activities focussed on social and economic recovery of the community, which will in due course be needed with more urgency and priority imposed by post COVID19 isolation and social distancing than they have previously under Bushfire Recovery alone.

Although the expectation of the Australian community to rise to the National effort to minimise the impact of COVID19 is better understood than it was at the last Council Bushfire Recovery Report of 24 March, the situation continues to unfold. 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 first Recovery Update was presented to Council by the Recovery Coordinator on Tuesday 25 February 2020. Prior to the declaration of the global pandemic, it was the Recovery Committee’s intention to amend the current published Recovery Action Plan dated February 2020 to better reflect the shifting priorities of the current and emerging circumstance in the Shoalhaven.

The Recovery Committee 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 membership includes NSW Health, the prime clean up contractor (Laing O’Rourke) and Council’s indigenous liaison officer. However, the speed of COVID19 demands have reduced the urgency of a strictly enforced Committee structure to one more able to accommodate expert advice and Committee participation from week to week. Accordingly, the Recovery Action Team Leads, LEMO and LRC meet weekly to maintain focus on the Recovery activities and the Recovery Committee meets fortnightly augmented as determined by prevailing demands with advisors and assessments as needed.

Digital/internet and telephone based access remains the only viable and lawful means of distribution. The inability to maintain personal contact has migrated the primary means of information flows to digital/internet or telephone based. The Recovery Committee’s forward planning and preparation allowed this to occur seamlessly on Monday 13 April with the opening of the dedicated and additional staff resourced Shoalhaven City Council Recovery Helpline on 02 4429 5888. The SCC Website Bushfire Recovery Page, SCC Facebook page, Weekly Recovery Newsletter which now includes COVID19 bulletins, and SCC Helpline remain the primary sources of authoritative Council information.

Community Engagement

Council engagement. Councillors Consultative Group meetings were temporarily deferred until the full implications of work routines on Council writ large were embedded. CCG meeting will recommence on Thursday April 30. There is much re-prioritisation requiring CCG guidance and direction for which maximum attendance by all CCG members is strongly encouraged by the Recovery Coordinator and its Committee.

Community Meetings. Public gathering Community Recovery meetings have not been held since the last report to Council. There have been three meetings of note as they were ‘firsts’ for the respective organisers – all of which chose the Shoalhaven in which to hold the pilot activities.

· The first was a visit by the Bushfire Royal Commission held at Milton on Tuesday 17 March at very short notice. Councillors White, Watson and the LRC attended as did a select small cross section of bushfire affected ratepayers.

· Second was a webinar on Wednesday 1 April co-hosted by Laing O’Rourke and the Shoalhaven City Council to encourage local businesses and tradespeople to register interest to participate in the clean-up. The webinar was interactive and answered many questions either directly on-line or by email follow-up. The webinar attracted over 300 registrations and 260+ participants.

· Third was the NSW Independent Inquiry into Bushfires held its first community meeting on Thursday 17 April as a scoping study with 40 participants, the majority of which were residents of Conjola Park and Fisherman’s Paradise. Recovery Action Team leads, LRC and RFS Superintendent Mark Williams attended but were not invited to comment or contribute.

Recovery Centres. Ulladulla Recovery Centre, Kangaroo Valley Community information centre and Mobile Recovery Hubs ceased operating from Saturday 28 March in response to social distancing and isolation requirements of COVID19.

Other forms of Engagement. Engagement through many alternatives to physical/face to face contact continues, albeit significantly reduced, with the community whether as consultation, enquiry or urgent recovery action needs. Access for the Shoalhaven community to information and Council remains a routine feature and ongoing commitment of SCC Communications team and the Recovery Action Teams as defined and described in the Recovery Action Plan.

Frequent updates of ALL bushfire related advisory notices and assistance alerts through the Shoalhaven City Council Website Bushfire Recovery page, SCC Facebook page, and Weekly Newsletters. For phone contact five days per week during business hours the fully manned and resourced SCC Recovery Helpline is open for business. In the week preceding this report, the Helpline has begun phone calling back all SCC registered citizens to extend assistance and check on welfare of those citizens.

Recovery radio communications continue 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.

Recovery Progress

Clean Up. Across the LGA, Laing O’Rourke reports that 314 deeds have been signed with Landowners, 234 sites have been assessed as ‘out of scope’ and 102 sites have been cleared.

· Conjola and South:

253 Deeds (approx 198 in the Conjola area, and 55 north of Conjola)

206 Out of Scope (approx. 147 in the Conjola area, and 59 north of Conjola)

57 properties cleaned up in the Conjola area and 16 north of Conjola.

· Kangaroo Valley (KV) and surrounds:

40 Deeds Kangaroo Valley and 21 in the surrounds i.e. Budgong

19 Out of Scope (OOS) in KV and 9 Out of Scope in the surrounds

25 properties cleaned up in the KV area and 4 cleaned up in Budgong area

· OOS can include properties whereby the owner has elected to use their insurance company to do the clean up.

BlazeAid

· Milton camp has registered 171 properties, cleared 50.668 km of fencing and fenced 28.614km utilising 310 volunteers to date for a total of 1819 volunteer days.

· Kangaroo Valley camp has registered 50 properties, cleared 21.67 kms, and fenced 17.13 kms utilising 689 volunteer days.

Waste Management

· 89 houses processed at West Nowra Waste Depot up to 19 April 2020, totalling 8,929 tonnes. 4,271 tonnes of this has been recycled.

Policy Implications

Initiatives and work undertaken by Council, its Recovery Action Team leads and Local Emergency Management in support of affected Community members of the Shoalhaven LGA;

Built Recovery Action Team

· Providing information to Council staff and community on the waiver of Long Service Levy for construction certificate applications.

· Providing up to date advice on Council’s recovery webpage of changes and FAQ on rebuilding issues including legislation changes and grant opportunities and ensuring Council staff have the most current information.

· Engaging with Bushfire Housing Assistance Recovery Team in relation to temporary housing, especially the use of moveable dwellings in relation to Minderoo Project and Phoenix Foundation proposals.

· Facilitating internal discussions on impacted heritage properties and pathways for clean up as well as asbestos contamination issues.

· Providing advice to Laing O’Rouke on pathways for heritage properties affected by the bushfire to assist with clean-up activities.

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

· Re-development and building enquires and follow up being provided through phone and email contact.

· Letters forwarded to all owners of bushfire damaged homes providing information on offers of assistance received and how they can access these services as well as recent grants from the Red Cross for preparing applications.

· Contact made with persons who made offers of assistance that related to rebuilding with advice of platforms for listing their offers so that bushfire affected persons can access their services, primarily Architect Assist; Building Angels and GIVIT.

· Assisting owners with accessing State Government review processes where they are not satisfied with Laing O’Rouke scoping assessments.

· Ongoing efforts to ensure that as many properties are registered for clean up as possible.

Social Recovery Action Team

· Closed Ulladulla Recovery Centre, Kangaroo Valley and Nowra Assistance Points and Mobile Pop-Up recovery hubs.

· Transitioned to a Recovery Assistance Hotline manned during business hours, five days per week for both Bushfire and Covid-19 support.

· Established a Call Back service to reconnect with all the people that registered at the Recovery Centre or a Recovery Assistance Point

o Making referrals to relevant agencies including Laing O’Rourke, NSW Health, Barnados, Red Cross etc.

· Work with OEM and Barnados to expand Care Navigation service – a case management service helping people navigate Bushfire supports.

· Service Mapping survey launched.

· Providing up to date advice on Council’s recovery webpage of changes in service offerings and grants.

· Representation on Southern Health and Wellbeing sub-committee of the Regional Bushfire Recovery Committee to seek consistency across councils and elevate issues to regional level.

· Liaising with Service NSW to gain access to their Bushfire CRM system Qualtrics which will be prepopulated with information from all recovery centres and Service NSW registrations for local residents.

· Liaising with various community service providers to ensure appropriate supports available throughout the Shoalhaven.

· Provision of $25,000 of donated gift cards to SALT Ministries and Anglicare to support isolated and vulnerable bushfire affected residents.

Environment Recovery Action Team

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

· Representation on Southern Waste sub-committee of the Regional Bushfire Recovery Committee to seek consistency across councils and elevate issues to regional level.

· Awaiting the outcome of 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.

· Co-ordination of a multi-agency focus on sediment and erosion control issues in preparation of grants funding should they be successful.

· Asbestos monitoring around Hoylake Park in Conjola Park -assessed as negative and signed off by certified Occupational Hygienist.

· Facilitated determination that wildlife volunteers are considered as workers and therefore exempt from COVID-19 isolation requirements so they can continue wildlife rescues and maintaining feed stations.

· 89 houses processed at West Nowra Waste Depot up to 19 April 2020, totalling 8,929 tonnes. 4,271 tonnes of this has been recycled.

· Woollahra Council team installed the sediment control devices in both Basin View and Conjola Park. Sediment control measures at the Basin View emergency containment line comprised of the installation of approximately 50m of Coir logs and installation of weed mat on exposed surfaces adjacent St Georges Basin. Additional 100m of Coir logs in installed at Conjola Park and Lake Conjola. A number of damaged sandbags were also replaced and maintenance work on previously installed devices at Conjola Park was also carried out.

Economic/Tourism Recovery Action Team

· Suspended Rejuvenate Campaign and launched Spend Here This Year Campaign - Whilst Shoalhaven Tourism isn’t promoting visitation to the region, we are still supporting small businesses. There are many ways businesses have adapted to sell online or over the phone to both locals and our Sydney, Canberra and National markets, the Spend Here This Year Campaign will support businesses in their efforts.

· Meeting with Business Chambers and industry representatives to gain industry insights and share new campaign strategies.

· Mental Health for Business - working with NSW Health to implement tailored small business mental health training and support, both through group online sessions and one on one meetings.

· Bushfire Community Resilience and Economic Benefit report finalised with event changes due to COVID-19 - presented to Council.

· Working closely with organisers of postponed and cancelled events to support them through changes and work towards new plans, approvals and dates.

· AUSTRADE application complete, to support Shoalhaven’s larger events. Updating Economic/Tourism work of Recovery Action Plan due to COVID restrictions and COVID response requirements.

· Online social media and marketing group workshops, as well as one on one tutorials to support business with planning for the future or adapting their product offering.

· Representation on the Regional Small Business and Tourism Recovery Sub-Committee.

· Numerous radio / press interviews regarding the impact of COVID on tourism and what that means for Economic / Tourism bushfire recovery.

· Continuing one on one support for small business, including information on funding and support available.

· Replies to Economic / Tourism related community correspondence complete.

· Communication with businesses through both Tourism and Economic Development newsletters regarding grant opportunities, mental health support, training and other business support on a regular basis.

· Continue to work at a regional and state level, advocating for business support, funding opportunities and partnerships.

Local Emergency Management

· Continues to address outstanding correspondence relating to fire response, evacuation centres, fire recovery, flood response, and COVID 19.

· Providing support to groups on behalf of the LEMC regarding infrastructure grants.

· Participation in EM meetings:

o Weekly LEMC/EOC SITREP meetings COVID19.

o Weekly REMC meetings COVID.

o Weekly Jervis Bay EMC.- COVID.

o Fortnightly Recovery Meetings – Fire & COVID.

· Assist with coordination of identification of Council facilities to be used as overflow medical facilities or drive through testing sites with Regional Health.

· Liaise with Illawarra South Coast LEMOs on Recovery, After Action Reviews (fire) and COVID.

· Ongoing member of the Recovery Committee.

· Provide LEMO input to State Inquiry and Royal Commission enquiries and commissions relating to the Black Summer bushfires.

· Participate in the After Action Review process for the SES relating to the February floods.

· Ongoing clarify emergency management arrangements with community groups

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 its resilience in the ongoing 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 will eventually present an amplified level of risk of higher consequence than that posed by the bushfire and its recover and almost certain likelihood to Council’s reputation and Councillors’ leadership of the Shoalhaven community.

Ordinary Meeting – Tuesday 28 April 2020

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CL20.90 Grant - Restart NSW - Growing Local Economies Fund - Flinders Industrial Estate

HPERM Ref: D20/143064

Section: Economic Development

Approver: Stephen Dunshea, Chief Executive Officer

Reason for Report

To have Council accept a grant from the Restart NSW Growing Local Economies fund to develop further employment land in the Shoalhaven.

Recommendation

That Council undertake stage 10 of the subdivision of the Flinders Industrial Estate at South Nowra and:

1. Accept the offer of a grant from Infrastructure NSW under the Growing Local Economies Fund for $3,000,000 towards Flinders Industrial Estate Stage 10

2. Source its financial contribution to the works from the Industrial Land Development Reserve

3. Authorise the Chief Executive Officer to sign the funding deed with the NSW Government

4. Thank the Members for Kiama and South Coast for their assistance in the matter.

Options

1. To accept the recommendation as written

2. To amend the recommendation

Background

The Growing Local Economies Fund is part of the NSW Government’s $1.3 billion Regional Growth Fund.

Funding will be made available through the Growing Local Economies Fund over four years to turbocharge new regional economic opportunities and enliven local economies. The NSW government has taken a new approach toward the allocation of Growing Local Economies funding. The government has provided an allocation to each Functional Economic Region (FER). A FER is an area that has common similarities and linkages, including historical, regional geography, natural resources, agricultural production, tourism and local administration, and the spatial definition (area) of the region captures these similarities. Most FERs consist of more than one local government area. The Shoalhaven is fortunate in that we are our own FER with our own funding allocation thus making project identification a much more straightforward process.

Following the Government’s approving of the Shoalhaven’s Regional Economic Development Strategy (REDS) in July/August 2017, Council lodged an application under the GLE program to expand Council’s offerings of employment lands.

Included in this application was 4 localities:

· Albatross Aviation Technology Park (AATP) Stage 5

· Flinders Estate Stage 10

· Woollamia Stages 5 & 5A

· Ulladulla STP – decontamination and subdivision

During 2019 Council was offered a grant of $4.95m to expand the AATP and provide a water supply system to meet Department of Defence (DoD) firefighting specifications within the hangar developments.

In late February 2020 the Deputy Premier & Minister for Regional Development announced that a grant of $3 million was to be offered to Council for stage 10. The works involved substantial bulk earth works to make the sites level, completion of Norfolk Ave and subdivisional works to yield 13 industrial lots ranging in size from 2,700m² to 12,300m².

The street names are in keeping with the Matthew Flinders theme, which has included the ships he captained – Cumberland, Norfolk and Investigator; Tom Thumb after the vessel that he and George Bass mapped the coast of Australia; Trim the cat. Doddington was the birthplace of Matthew Flinders and Euston was recently confirmed as his resting place when his grave was verified during the excavations for a new railway platform at Euston Station in London.

The anticipated cost of the development of Stage 10 is around $6million or $89/m².

This stage of the development has obtained Development Consent and an application for a Construction Certificate for the bulk earthworks is being currently assessed and should be received shortly.

Works are scheduled to commence during June 2020. And the complete construction time period is expected to be around 18 months.

The 13 lots should generate approximately 120 jobs in the manufacturing, transport and warehousing sectors.

Flinders Industrial Estate commenced as a joint venture between Council and the NSW Government in the mid-1970s. the Government equity was offered to Council in the mid-1990s and Council did purchase the Government’s interest. This continues Council’s interest in Employment Land development.

Financial Implications

The Council funds are held within the Industrial Land Development Reserve.

Ordinary Meeting – Tuesday 28 April 2020

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CL20.91 Grant - AusIndustry - Support for Business - SME Export Hubs

HPERM Ref: D20/143154

Section: Economic Development

Approver: Stephen Dunshea, Chief Executive Officer

Reason for Report

To have Council accept a grant from the AusIndustry Support for Business Initiative to establish a Small & Medium Enterprises (SME) Export Hub in the Shoalhaven.

Recommendation

That Council

1. Accept the offer of a grant from AusIndustry under the SME Export Hubs Initiative for $150,000 towards establishing an Export Hub in Shoalhaven

2. Source its financial contribution of $150,659 to the project from the Economic Development Reserve

3. Authorise the Chief Executive Officer to sign the funding deed with AusIndustry

Options

1. To accept the recommendation as written

2. To amend the recommendation

Background

The Department of Industry, Innovation and Science recently announced 10 successful applicants for Round One funding under the Small and Medium Enterprises (SME) Export Hubs Initiative.

The Export Hubs are business networks designed to help small and medium businesses harness opportunities in international markets, particularly in countries where the Federal Government has signed free trade agreements, such as China, Japan, Korea and Indonesia.

The Export Hubs operate in six key industry sectors of competitive strength and strategic priority identified under the Coalition Government’s Industry Growth Centres initiative: Advanced Manufacturing; Cyber Security; Food and Agribusiness; Medical Technologies and Pharmaceuticals; Mining Equipment, Technology and Services; and Oil, Gas & Energy Resources. These sectors were identified as having strong prospects for creating future economic and jobs growth.

The aim of the export hub is to get Shoalhaven Manufacturing SME’s export ready by working intensely with each business to create individualised export strategies. These strategies will also be used to identify common barriers to export and potential overseas markets. The network of SME’s will create a space where businesses can learn first-hand from each other’s export experiences and collaborate on export efforts. The development of export strategies and the creation of the export hub will create export ready businesses that are then able to take full advantage of other services such as those offered by Austrade, TradeStart and Growth Centres.

The Shoalhaven has a significant manufacturing sector with a focus on food and advanced manufacturing. Many businesses already export, and others wish to do so. A key component of this project is to create (or review) an export strategy for each business.

Key activities will be:

· Establishment of a Shoalhaven Export Hub

· Employment of Export Hub Manager

· Training of Export Hub Manager in development of individualised business export strategies

· Development (or review) of 10 (minimum) individualised export strategies.

· Development of Shoalhaven SME Export Strategy – based on information gathered through individualised export strategy development and Hub activities.

· Identification of any barriers to export or areas of opportunity for Shoalhaven SME’s.

· Linking of Hub with existing services such as Austrade, TradeStart, AMGC, FIAL etc

The overall project budget is $300,659.

Community Engagement

The project proposal was discussed with industry groups who were receptive to the project. Government agencies have also promised support in the running of the project.

Financial Implications

Funding for the Council contribution of $150,659 is available from the Economic Development Reserve.

Ordinary Meeting – Tuesday 28 April 2020

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CL20.92 Modification of statutory requirements in response to the COVID-19 pandemic

HPERM Ref: D20/139853

Section: Human Resources, Governance & Risk

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

Attachments: 1. OLG Circular - COVID 19 Response ⇩

Reason for Report

To inform Council of regulations which have been made under Section 747B of the Local Government Act 1993 to temporarily modify the application of the Act in response to the COVID-19 pandemic.

Recommendation

That Council receive and note the advice provided in OLG Circular 20-12 regarding the regulations made under Section 747B of the Local Government Act to temporarily modify the application of the Act in response to the COVID-19 pandemic.

Background

On 17 April 2020, the Office of Local Government released Circular 20-12 (Attachment 1) which outlines details of regulations that have been made.

In summary, the regulations made under Section 747B modify the Act to include:

· Allowing councils to delay sending out the first quarterly rates notice for 2020-21 and extend the payment deadline by one month

· Enabling councils to immediately waive or reduce fees for services such as food premise inspections and footpath usage for COVID-19 affected businesses, without the need to provide 28 days public notice

· Providing councils with a one-month extension to adopt their 2020-21 operational plans and budgets and submit their 2019-20 audited financial statements and annual reports.

· Councils will also have an extra month to submit their last quarterly budget review statement for 2019-20 as outlined in the table below:

Section of LG Act	Prior deadline	New deadline
Submission of audited Financial Reports – 416(1)	31 October 2020	30 November 2020
Preparation and publish of Annual Reports – 428(1)	30 November 2020	31 December 2020
Adoption of Operational Plan - 405(1)	By 1 July 2020	By 1 August 2020
Making of a rate or charge - 533	By 1 August 2020	By 1 September 2020
Date by which quarterly rates are payable - 562(3)(a)	31 August 2020	30 September 2020
Quarterly review statements (QBRS) - Cl 203(1) of Regulation	The third quarter 2019-20 QBRS (currently due May 2020)	Third quarter QBRS - June 2020. All future QBRS remain due as per Regulation.

· Amendments have also been made to remove the requirement for council notices to be advertised in newspapers and instead allow the relevant notice to be published on the council’s website. This is not a temporary measure and will be ongoing.

Further information will be provided to Councillors on the implementation of these and other changes arising from the COVID-19 restrictions and response.

Ordinary Meeting – Tuesday 28 April 2020

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CL20.93 COVID 19 Workplace Health and Safety Response

HPERM Ref: D20/130270

Section: Human Resources, Governance & Risk

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

Attachments: 1. Draft SWMS COVID 19 Controls for Essential Workers ⇩

2. Safety Advice - Working from Home ⇩

Reason for Report

This report outlines strategies in place for Shoalhaven City Council to comply with the Work Health Safety Act 2011 and Work Health Safety Regulation 2017 during the COVID-19 pandemic. The health and safety of workers and councillors, as always remains a priority. Control measures and strategies listed in this report are in accordance with SafeWork NSW, NSW Health and other relevant authorities.

The Continuity Management Team (CMT) continues to meet regularly during the pandemic. Discussion and outcomes of the meetings focus on supporting and protecting workers, councillors and the community, while maintaining essential services.

Recommendation

That Council receive and note the content of this report regarding health and safety strategies and control measures for workers, councillors and the community during the COVID-19 pandemic.

Options

1. Recommendation as printed

Council continue to monitor this evolving situation, review and implement any new requirements as they arise.

Implications: Workplace health and safety of workers is considered and aligns with requirements of SafeWork NSW, NSW Health and other relevant authorities.

2. Council determine and alternate recommendations

Implications: Not known at this time, however any alternate recommendation would need to comply with requirements of SafeWork NSW, NSW Health and other relevant authorities.

Background

During this unprecedented time and in response to activation of the Business Continuity Plan, Council has implemented a series of measures to maintain a safe and healthy workplace and community.

Managers have completed risk assessments to determine specific health and safety needs for their area of operation. In a collaborative effort, appropriate controls have been shared across Council.

Examples of current strategies and control measures to reduce the risk of infection and spread of COVID-19 include the following – which have been implemented Council wide:

• The Council intranet page Coronavirus (COVID-19) - Staff Information includes Employee Assistance Program support services for workers and their immediate family members, Working from Home WHS Checklist, tips on self-isolation and general health and wellbeing during this time.

• The intranet home page News Feed is regularly updated and includes Recovery Newsletters, hand washing techniques as per NSW Government recommendations, No Equipment Workouts, and support for workers working from home.

• COVID-19 Resource Kit for Manager and Supervisors, which includes a Safe Work Method Statement (SWMS) for those working in the field, Resource links to relevant authorities and in-house safety information, this includes electrical testing & tagging, stretching and fitness workouts, Employee Assistance Program etc.

• Implementation of a text message service, including the ability to text workers without a Council mobile phone to their personal mobile phone. This has provided another means of communication for the CEO to update all workers on COVID-19.

• Applications, Apps including Australian Government Coronavirus (COVID-19) and Service NSW have been automatically installed on all Council mobile phones and provide the latest information and notifications on COVID-19.

• The CEO continues to provide regular newsletter correspondence to all Council workers. Newsletters contain practical advice, latest updates and support and encouragement for workers and links to relevant sites including NSW Health and Council’s intranet COVID-19 site.

• Majority of office-based workers are now working from home. Managers and workers are using Microsoft Teams to check in on each other’s welfare in addition to work schedules.

• All councillors now have the opportunity to participate in Council and Committee meetings, and Councillor Briefings via remote access.

• Workers have received a Safety Advice - Working from Home communication. This requested workers to contact their supervisor should they require additional office equipment for their comfort and safety, access to mental health services and general working from home tips.

• Implementation of ‘BigStretch’ program on all computers to encourage staff to take regular breaks and stretch

• Meetings and non-essential training have been cancelled during this time. This excludes meetings of the WHS Committee and the Committee of Safety Review. Meetings are held through virtual tools or in an outdoor environment with adequate airflow and space.

• Communication to contractors of required additional control measures, (which are included in the above SWMS) has been provided via email.

• Continued testing and tagging of electrical appliances, with additional hygiene measures is in place.

• Additional and more frequent cleaning of buildings including handrails, lifts and bathrooms. Bins have been placed outside toilet doors to allow for paper towel to be disposed of on exiting the bathroom. Hand sanitiser stations have increased and have been strategically placed at entry and exit points of relevant Council facilities. Disinfectant kits with instructions have been provided to relevant Council facilities.

The following has been implemented across relevant areas of Council.

• Operation workgroups have been formed and consist of workers, supervisors and managers based at various worksites, for example Flinders Depot Shoalhaven Water and Asset and Works Woollamia Depot. The objective of these groups is to monitor the rapidly changing environment and recommend and communicate appropriate workplace changes to protect the health and safety of workers, while still providing essential community service. Managers are also visiting worksites to provide regular communications and to answer questions.

• Work Health Safety Field Officers continue to operate in the field and provide a vital communication link between workers, supervisors and managers. An example of a successful outcome of this relationship includes sourcing and providing workers with additional cleaning and PPE products.

• To minimise the movement of workers and to keep teams and plant together, workers are remaining within their small workgroups or with their work buddy. Or remain at their allocated worksite such as a treatment plant. Workers are starting and finishing in the field, rather than at depots or offices. Works are planned to minimise returning to the depot to avoid workers congregating.

• Restrictions of vehicle occupants are in place with no more than two workers to travel in one vehicle for essential operational reasons.

• Any sharing of plant including vehicles and tools, requires cleaning prior to and after the change-over between workers.

• Redeployment of staff with appropriate skills and experience to add resources into the WHS team to enable an increased presence across a range of work environments – this outdoors, administration and office support.

The listed controls will continue to be monitored and reviewed through regular workplace consultation with workers, supervisors and managers. Controls will continue to be updated in response to advice provided by NSW Health and SafeWork NSW.

Community Engagement

We are connecting with our internal and external stakeholders through a number of different measures and platforms. These include:

· Internal Resources for workers via internet and intranet, as listed above.

· Newsletters

· All Staff emails providing COVID-19 updates

· Text message service providing COVID-19 updates

More broadly, Council is providing access to the Shoalhaven Community via measures that include:

· Dedicated page on Council’s website titled Coronavirus (COVID-19) - Community Information including links to NSW Health

· The page includes Council’s response to COVID-19, Help Stop the Spread (video clip), mental health support links, support services and fact sheets, Council services and Facilities impacted by COVID-19 and changes to operations or current closures and NSW Health Factsheets.

· Council’s Facebook page promotes the dedicated internet page for COVID-19 in addition to providing other posts including a Free Red Cross Webinar, COVID-19 Mental Health video clip and links and information for free TAFE courses for NSW residents.

· Ulladulla Leisure Centre has shared a workout clip for community members to complete at home, this clip has received over two thousand views. In supporting community mental health, one of the consistent messages on the page is maintaining physical distance, while ensuring emotional connections are maintained.

Policy Implications

N/A

Financial Implications

Measures and initiatives to date are being funded withing existing allocated budgets. Any variation will be reported through the Quarterly budget review process.

Risk Implications

In addition to the above community engagement, Council is encouraging community enquires to seek the latest advice from the NSW Health web site or to call the National Coronavirus Health Information Line on 1800 020 080.

Given the fast-changing nature of COVID-19, Council will continue to work in collaboration with the CMT and respond accordingly to the latest advice from the NSW Government, SafeWork NSW and other key organisations.

Existing control measures will continue to be reviewed and monitored with the shared objective of keeping workers in safe and meaningful employment. The take home message to the Council workforce is, look after yourself and look after your mates.

Ordinary Meeting – Tuesday 28 April 2020

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CL20.94 Local Government (COVID-19) Splinter (Interim) Award 2020

HPERM Ref: D20/134300

Section: Human Resources, Governance & Risk

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

Reason for Report

The purpose of this report is to provide an update on Council’s Workplace Relations position in response to the Coronavirus (COVID-19) pandemic.

Recommendation

That Council receive and note the update report from the CEO (Finance, Corporate and Community Services) on the Workplace Relations position during the Coronavirus (COVID-19) pandemic.

Options

1. As recommended above.

Implications: Nil

2. Request additional information in a further report.

Implications: A further report will be prepared for a future meeting.

Background

The purpose of this report is to provide an update on Council’s Industrial Relations position in response to the Coronavirus (COVID-19) pandemic.

On 17 March 2020 Local Government NSW (LGNSW), the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU), Local Government Engineers Association (LGEA) and Development and Environmental Professionals Association (DEPA) issued a Joint Statement to provide guidance to Local Government employers and employees on how to respond to the COVID-19 pandemic.

A revised Joint Statement was issued on 20 March 2020 as the situation had developed further. The Joint Statement established what the parties considered to be the minimum standard that should apply to employees impacted by the Coronavirus (COVID-19) pandemic. Specifically, what leave types apply when there are workplace closures or when employees are directed by the Public Health Unit to self-isolate.

The joint statement was a guide only and Council was not obliged to conform to the standards set. Council’s Continuity Management Team did however consider the measures outlined in the joint statement a reasonable position to support staff should the isolation measures expand to a point where there was limited or no useful work for a significant proportion of the workforce. Fortunately, that has not occurred to date and efforts are continuing to find redeployment opportunities for non-seasonal casual staff.

On 9 April 2020, LGNSW contacted its members with an option for member Councils to opt-in to be covered by a new Local Government (COVID-19) Splinter Award 2020 (“Splinter Award”).

The purpose of the Splinter Award is to assist with preserving Local Government jobs by affording employers greater flexibility to provide suitable alternative duties to employees that are unable to perform their regular duties due to Health Orders by the State or Commonwealth Governments relating to COVID-19.

The Splinter Award also contains close-down procedures at Part 6, which commence with a “Duty to Explore Suitable Alternative Duties”. Where the employer has exhausted all reasonable attempts to find suitable alternative duties and has no useful work for affected employees, the employer may temporarily stand down (or partially stand down) employees in accordance with the staged stand down procedures under the award.

Under stage 1, employees are entitled to up to four (4) weeks of paid COVID-19 special leave at their salary system rate of pay (of which up to 2 weeks may be absorbed by paid special leave already received by the employee from their employer in relation to COVID-19).

At stage 2, an employee who has exhausted their entitlement to paid COVID-19 special leave is entitled to be paid a Job Retention Allowance at the Band 1 / Level 2 rate of pay under the Local Government (State) Award (currently $858.20/week) for up to three (3) months. During stage 2, employees may supplement the Job Retention Allowance by accessing their accrued leave entitlements.

At stage 3, employees who have exhausted their entitlement to paid COVID-19 special leave and the Job Retention Allowance are placed on leave without pay until the employer is able to provide the employee with useful work, unless the employee elects to utilise any available accrued leave entitlements.

On 14 April 2020, Shoalhaven City Council, along with 100 other NSW Councils (at this time) opted in to the Splinter Award which commenced operation on and from 8 April 2020 and shall remain in force until 7 April 2021 (12 months).

Policy Implications

Council is continually reviewing current policies (particularly staff related policies) and making changes as required in response to Coronavirus.

Financial Implications

Given continuing redeployment efforts to keep employees in meaningful work during the rapidly changing environment, it is not possible to quantify the cost at this time.

Ordinary Meeting – Tuesday 28 April 2020

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CL20.95 Investment Report - March 2020

HPERM Ref: D20/136795

Section: Finance

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

Attachments: 1. Shoalhaven City Council - Investment Report - March 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. The report of the Chief Executive Officer (Finance, Corporate & Community Services Group) on the Record of Investments for the period to 31 March 2020 be received for information.

2. Council note Council’s investment portfolio returned a solid 1.98% for the month of March 2020, exceeding the benchmark AusBond Bank Bill Index (1.18% pa) by 80 basis points (0.80%).

Options

1. The report on the Record of Investments for the period to 31 March 2020 be received for information

Implications: Nil

2. Further information regarding the Record of Investments for the period to 31 March 2020 be requested

Implications: Nil

3. The report of the Record of Investments for the period to 31 March 2020 be received for information, with any changes requested for the Record of Investments to be reflected in the report for the period to 30 April 2020

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 solid 1.98% for the month of March 2020, exceeding the benchmark AusBond Bank Bill Index (1.18% pa) by 80 basis points (0.80%).

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 – March 2020

The following table shows the interest earned for the month of March 2020. The interest earned for the month of March was $337,289, which was $49,659 below the current budget.

Interest Earned - Year to Date

Return on the Council investment portfolio was negatively impacted by the catastrophic bushfires followed by floods and the COVID-19 pandemic. Closure of Council community facilities and Holiday Haven Tourist Parks resulted into significant decrease in cash inflow. In addition, rapid deterioration of the interest rate across all types of investments due to natural disasters and pandemic resulted in lower than budgeted return on investments.

The impact of these events on interest revenue continues to be monitored with necessary variations to be reported in future quarterly budget reviews.

The following table shows how the interest earned year to date actual dollars against the total budget forecast dollars is performing with 75% of the year passed - the interest earned to the month of March was $3,369,617, 74% of the current full year budget.

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	-$7,482,959	March was not a rates instalment month.
Property Reserve	-$1,162,282	Min20.110 to Shoalhaven Foreshore Development Reserve
Other Internal Reserves	+$1,646,882	Min20.110 from Property Reserve $1.1M
Water Fund	+$1,300,147	Normal operating cycle / Capital expenditure
Sewer Fund	-$2,630,315	Normal operating cycle / Capital expenditure
Unrestricted Cash	-$7,796,109	March was not a rates instalment month and there was reduced income and the processing of refunds from Holiday Haven and SEC.

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.

A picture containing arthropod, invertebrate

Description automatically generated

Olena Tulubinska Date: 20 April 2020

Responsible Accounting Officer

Ordinary Meeting – Tuesday 28 April 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

This item was deferred from the Ordinary Meeting 24 March 2020.

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 28 April 2020

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CL20.97 Variations to Development Standards - March Quarter 2020

HPERM Ref: D20/120060

Section: Development Services

Approver: Phil Costello, Director Planning Environment & Development Group

Reason for Report

Council is required to consider variations to development standards (contained in an environmental planning instrument such as the Shoalhaven Local Environmental Plan) which exceed 10%, with lesser variations able to be dealt with by staff, under delegation.

Council is also required to report the variations to the full Council and thereafter the Department of Planning and Environment.

Recommendation

That Council receive the Variations to Development Standards – March Quarter Report 2020 for information and forward a copy of this report and table (in the standard format required by the Department) to the Department of Planning and Environment in accordance with the requirements specified in Circular PS18-003 Variations to development standards.

Options

1. Receive the report for information and forward the report to the Department.

Implications: Council will be complying with the reporting provisions as detailed in Circular PS18-003 Variations to development standards.

2. Resolve an alternative and provide details to staff.

Implications: Depending on what is resolved, the Council would need to ensure compliance observing that the Department undertakes periodic audits.

3. Receive the report for information and forward the report to the Department.

Implications: Council will be complying with the reporting provisions as detailed in Circular PS18-003 Variations to development standards.

4. Resolve an alternative and provide details to staff.

Implications: Depending on what is resolved, the Council would need to ensure compliance observing that the Department undertakes periodic audits.

Background

Function of SEPP 1 and clause 4.6

SEPP 1 and clause 4.6 allow flexibility in the application of development standards by allowing the consideration of development proposals that meet the objective of a development standard but not its stated value.

SEPP 1 and clause 4.6 permit an applicant to object to development standards on the grounds that they are unreasonable, unnecessary or would result in poor planning outcomes.

When the consent authority is satisfied the objection under SEPP 1 or clause 4.6 is well founded it may, with the concurrence of the Secretary of the Department of Planning and Environment, grant consent to that Development Application (DA) notwithstanding the subject development standard.

The Secretary of the Department of Planning & Environment has delegated to councils assumed concurrence to use SEPP 1 or clause 4.6 in respect of most types of development.

Monitoring of council use of SEPP 1 and clause 4.6

Councils are required to monitor their use of the Secretary’s assumed concurrence under SEPP 1 and clause 4.6 and report to the Department of Planning and Environment on that usage on a quarterly basis. The Department has been systematically monitoring council quarterly SEPP 1 and clause 4.6 returns since June 2008.

Monitoring and auditing councils’ use of SEPP 1 and clause 4.6 enables the Department to check whether councils are keeping accurate records of the use of SEPP 1 and clause 4.6, to assess whether any particular development standards are being regularly varied by a council and may require review, and to detect anomalies (e.g. exceeding of delegations) if they are occurring.

Note that SEPP 1 and SEPP (Miscellaneous Provisions) 2007 will be repealed on 1 February 2020. Shoalhaven LEP 1985 has been or will be amended to insert exceptions to development standard provisions.

Planning Circular PS18-003 Variations to development standards, dated 21 February 2018

The Circular states:

· Applications for variations to development standards cannot be considered without a written application objecting to the applicable development standard and addressing the matters required to be addressed in the relevant instrument.

· A publicly available online register is to be established, and its currency maintained, of all variations to development standards approved by council or its delegates. This register must include the development application number and description, the property address, the standard to be varied and the extent of the variation.

· A report of all variations approved, either by council or its delegates, must be submitted to developmentstandards@planning.nsw.gov.au within 4 weeks of the end of each quarter (i.e. March, June, September and December). Such report must be on the form provided by the Department.

· A report of all variations approved under delegation by staff must be provided to a full council meeting at least once each quarter.

The Circular concludes:

The Department will continue to carry out random audits to ensure the above monitoring and reporting measures are complied with. The Department and the NSW Independent Commission Against Corruption will continue to review and refine the audit strategy.

Should ongoing non-compliance be identified with one or more consent authorities, the Secretary will consider revoking the notice allowing concurrence to be assumed, either generally for a consent authority of for a specific type of development.

Conclusion

Upon receipt of this report, the report and table will be provided to the Department. The table is provided to the Department in the form of a spreadsheet. The table below is based on the spreadsheet but simplified for easier reading.

The table is published as soon as practicable at the close of each quarter on Council’s webpage.

Table – Variations March Quarter 2020

Lot

Street #

Street Name

Suburb

Post Code

Description

Standard Varied

Extent of Variation

Decision

Date

19/1830

359536

Beach St

Huskisson

2540

Residential Flat Building

Height cl4.3 SLEP14

6.38%

Del Auth

09/03/2020

SF10755

726

1227

Allerton Ave

Culburra

2540

Subdivision

Lot size

4.04%

Del Auth

12/03/2020

Ordinary Meeting – Tuesday 28 April 2020

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CL20.98 Water & Sewerage Headworks Charges Assistance for Developments Policy Update

HPERM Ref: D20/133304

Section: Water Asset Planning & Development

Approver: Robert Horner, Acting Director Shoalhaven Water

Attachments: 1. Water and Sewerage Headworks Charges (Section 64 Contributions) - Assistance for Developments policy ⇩

Reason for Report

Council at its Extra Ordinary Meeting on 7 April 2020 resolved (in part) the following as a means to assist local industry in the recovery from the impacts of COVID-19.

“Section 64 Developer Contributions for water and sewer headworks charges continue to be discounted. The rate of discount be a uniform 75% in line with current policy provisions for all development. Larger developments that currently only qualify for the 50% discount, shall now receive a 75% discount. Any proposal that has been approved where development contributions have not yet been paid qualify for the discount”

In line with the above resolution, this report seeks to amend the existing policy (POL 19/74), Water & Sewerage Headworks Charges (Section 64 Contributions) – Assistance for Developements to reflect these changes.

Recommendation

That Council:

1. Adopt the revised Policy (POL 20/22), Water & Sewerage Headworks Charges (Section 64 Contributions) – Assistance for Developements to provide a flat 75% reduction in developer contributions levied under Section 64 of the Local Government Act.

2. Receive a report after 12 months operation of the revised Policy to consider its re-adoption or discontinuation - having regard to the status of the economic impact of the COVD-19 pandemic in the Shoalhaven.

Options

1. Adopt the Policy as recommended.

Implications: This would comply with Council’s resolution of 7 April 2020. The adoption of the revised Policy may impact on the quantum of Developer contributions collected to fund infrastructure to support developments.

2. Reject the recommendation and provide direction to staff on how to proceed.

Implications: Council resolved to amend this policy at its Ordinary meeting on 7 April 2020.

Background

Council resolved in 2011 to provide assistance to developments by reducing developer contributions charged under Section 64 of the Local Government Act. Staff drafted the Water & Sewerage Headworks Charges (Section 64 Contributions) – Assistance for Developements policy in response to that recommendation. This Policy has been in operation since.

The original policy provided a reduction of 75% to the charges outlined in Council’s Water and Sewerage Development Servicing Plans for the first two equivalent tenements (ET) of a development and 50% reduction for all ET’s beyond the first two.

Council has requested a review of this policy to further reduce the Section 64 charges, to further assist the development industry calling for a flat 75% reduction for all ET’s within all developments. A draft Policy has been prepared for Council’s consideration and is attached for review.

Policy Implications

Should Council resolve to adopt the revised Policy, Water & Sewerage Headworks Charges (Section 64 Contributions) – Assistance for Developements then it would replace the current Policy (POL19/74) for the recommended 12 month period, after which it would be considered for re-adoption or discontinuation - having regard to the status of the economic impact of the COVD-19 pandemic in the Shoalhaven.

Financial Implications

A reduction in the developer contributions will likely result in a reduction in revenue from Section 64 charges. The extent of any impact on revenue is difficult to predict as it is dependent on the market forces within the development industry.

Should the same level of development be experienced in the next 12 months as in the 2018/19 financial year, revenue from Section 64 charges would be reduced by approximately $950,000 (or 35%) as a result of the revised Policy.

Ordinary Meeting – Tuesday 28 April 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.

Tenderer	Location
Australian Bale Press Company Pty Ltd	Tuggerah, NSW
Waste Initiatives Pty Ltd	Singleton, NSW