Agenda of Strategy and Assets Committee

Minutes of the Strategy and Assets Committee

Meeting Date: Tuesday, 12 May 2020

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

Time: 5.00pm

The following members were present:

Clr John Wells - Chairperson

Clr Joanna Gash

Clr Amanda Findley – (Remotely)

Clr Patricia White

Clr Kaye Gartner – (Remotely) – left 7.04pm

Clr Nina Digiglio – (Remotely)

Clr Annette Alldrick – (Remotely)

Clr John Levett – (Remotely)

Clr Andrew Guile – (Remotely)

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener – (Remotely)

Clr Bob Proudfoot

Mr Stephen Dunshea - Chief Executive Officer – (Remotely)

Apologies / Leave of Absence

Nil

Confirmation of the Minutes

RESOLVED (Clr Gash / Clr White) MIN20.330

That the Minutes of the Strategy and Assets Committee held on Tuesday 21 April 2020 be confirmed.

CARRIED

Declarations of Interest

Nil

Call Over of the Business Paper

RESOLVED (Clr Wells / Clr Pakes) MIN20.331

That the items on the agenda be dealt with as they appear in the paper.

CARRIED

Mayoral Minutes

Nil

Deputations and Presentations

The following Deputations were made available on Council’s Website:

SA20.65 - Far North Collector Road - Upgrade of Taylors Lane, Cambewarra

Russell Field submitted a written Deputation Against the Recommendation.

Tony Enright submitted a written Deputation Against the Recommendation.

Reports

SA20.58 Shoalhaven City Council's response to the State Bushfire Inquiry and the Royal Commission into Natural Disaster Arrangements.

HPERM Ref: D20/155774

Recommendation (Item to be determined under delegated authority)

That Council:

1. Receive and note the submissions made in Council’s name to:

a. The NSW Bushfire Enquiry

b. The Royal Commission into Natural Disaster Arrangements

2. Note the due dates of 5 May 2020 and 11 May 2020 for responding to the Notices and Summons from the Royal Commission into Natural Disaster Arrangements.

RESOLVED (Clr Proudfoot / Clr White) MIN20.332

That Council:

1. Receive and note the submissions made in Council’s name to:

a. The NSW Bushfire Enquiry

b. The Royal Commission into Natural Disaster Arrangements

2. Note the due dates of 5 May 2020 and 11 May 2020 for responding to the Notices and Summons from the Royal Commission into Natural Disaster Arrangements.

CARRIED

SA20.59 COVID-19 - Provision of relief - sporting, arts and community groups

HPERM Ref: D20/131045

Recommendation

That Council give relief to sporting, arts and community groups who have been adversely impacted by the implementation of COVID-19 restrictions in the following ways:

1. Increased support to grant funding programs in the following ways:

a. Sports Funding Program

i. Continue the extension of the changed Capital Sports Funding Program for the 20/21 Financial Year, with an additional $50,000 (total grant program 20/21 FY $208,000) for 2020, and

ii. broaden the program to allow for equipment purchases, or to recoup costs lost as a direct result of COVID-19 pandemic with no matching funding in addition to capital works.

iii. Reallocate funds in the draft 20/21 budget from the Minor Improvement budget (22107) and the Active Recreation budget (82487) equally to fund the extension of the grants program.

b. Community Development Grant Program

i. Extended the Community Development Grant Program for the 20/21 Financial Year with an additional $20,000 (total grant program 20/21 FY $48,000) with a specific focus on assisting communities to rebuild and reconnect as a result of COVID-19 isolation. Ensuring delivery could be during isolation via digital channels, or face to face when restrictions are lifted with social distancing in mind.

ii. Reallocate funds in the draft 20/21 budget from the Community Development Projects budget (13030) to fund the extension of the grants program.

c. Arts Board Grants

i. Extend the Arts Board Grants program in 20/21 with an additional $25,000 and staff work with the Shoalhaven Arts Board.

ii. To be funded from 19/20 financial year operational savings in the Library budget to be carried forward into the FY20/21.

2. Fee waivers or discounts based on Council’s adopted Fees & Charges as follows:

a. 100% fee waiver for a period of 6 months after official lifting of Federal Government COVID19 Pandemic Restrictions:

i. Community hire fee for meeting spaces and gallery hire at

· Nowra and Milton Library, and

· Shoalhaven Regional Gallery

ii. Shoalhaven Swim Sport Fitness community regular, not-for-profit sporting / swimming group fees for:

· Shoalhaven Canoe & Kayak Club and

· Bay & Basin, Bomaderry, Nowra, and Ulladulla Swim Clubs.

Note: Pertains to local competition only, and must cover first summer season after official lifting restrictions, for regular, not-for-profit sporting / swimming groups, weekly, local Club Swim Meet nights (only)

b. 50% fee waiver for a period of 3 months after official lifting of Federal Government COVID19 Pandemic Restrictions at Indoor Sports Centre - for all Shoalhaven-based, regular hirers, local competition only - excludes all other bookings.

c. Adjust forecast income, relevant to each Unit, for Council consideration with the draft 20/21 budget process and trough the quarterly review process once the Federal Government COVID19 Pandemic Restrictions are lifted.

3. To support users of the Shoalhaven Entertainment Centre, in recognition of bookings impacted by COVID-19 Pandemic and force majeure clause in contracts:

a. 100% reduction in cancellation or postponed event related fees and transfer of non-refundable $500 deposit to new contracted dates where applicable. (This includes ticket sale fee for cancelled or rescheduled event date; ticket refunding fee; marketing fee; show build fee). Note: This does not impact hire fees.

RECOMMENDATION (Clr Findley / Clr Gartner)

That Council give relief to sporting, arts and community groups who have been adversely impacted by the implementation of COVID-19 restrictions in the following ways:

1. Increased support to grant funding programs in the following ways:

a. Sports Funding Program

i. Continue the extension of the changed Capital Sports Funding Program for the 20/21 Financial Year, with an additional $50,000 (total grant program 20/21 FY $208,000) for 2020, and

ii. broaden the program to allow for equipment purchases, or to recoup costs lost as a direct result of COVID-19 pandemic with no matching funding in addition to capital works.

iii. Reallocate funds in the draft 20/21 budget from the Minor Improvement budget (22107) and the Active Recreation budget (82487) equally to fund the extension of the grants program.

b. Community Development Grant Program

ii. Reallocate funds in the draft 20/21 budget from the Community Development Projects budget (13030) to fund the extension of the grants program.

c. Arts Board Grants

i. Extend the Arts Board Grants program in 20/21 with an additional $25,000 and staff work with the Shoalhaven Arts Board.

ii. To be funded from 19/20 financial year operational savings in the Library budget to be carried forward into the FY20/21.

2. Fee waivers or discounts based on Council’s adopted Fees & Charges as follows:

a. 100% fee waiver for a period of 6 months after official lifting of Federal Government COVID19 Pandemic Restrictions:

i. Community hire fee for meeting spaces and gallery hire at

· Nowra and Milton Library, and

· Shoalhaven Regional Gallery

ii. Shoalhaven Swim Sport Fitness community regular, not-for-profit sporting / swimming group fees for:

· Shoalhaven Canoe & Kayak Club and

· Bay & Basin, Bomaderry, Nowra, and Ulladulla Swim Clubs.

3. To support users of the Shoalhaven Entertainment Centre, in recognition of bookings impacted by COVID-19 Pandemic and force majeure clause in contracts:

CARRIED

SA20.60 COVID 19 & Economic Crisis Financial Assistance to the Ratepayers

HPERM Ref: D20/152352

Recommendation

That Council:

1. Adopt the following funding strategy to provide financial relief of $300 to all property owners in the Shoalhaven in the 2020/21 Financial Year in response to the significant health and economic crisis presented by the COVID-19 Pandemic:

Fund	Rates Donation/Reduction in Rates, Fees and Charges/Account
General Fund Rates Donation (S356 LGA)	$108
Water Fund Subsidy	$88
Sewer Fund Subsidy	$60
Domestic Waste Fund Subsidy	$44
Total:	$300

2. Note that the Water, Sewer and Domestic Waste Funds components totally $192 per property owner will be funded from restricted funds by way of a subsidy to reduce the water, sewer and domestic waste annual charges payable to Council for the FY2020/21.

3. Note that the remainder of the $300 financial relief for all property owners ($108) will be funded from the General Fund by way of a Donation to individuals under S356 of the Local Government Act 1993 with the required advertising of Council’s intention to provide the donation be through the public exhibition of the Draft 2020/21 DPOP.

4. Note that where property owners are not in receipt of any or all of the Water, Sewer or Domestic Waste Services, the General Fund Rates Donation component will be increased to ensure ALL property owners receive the full $300 benefit of Council’s COVID-19 Financial Relief.

5. Endorse the proposed opt-in / opt-out strategy outlined in the report to provide an opportunity for property owners not wanting to accept Council’s COVID-19 Financial Relief to advise accordingly - noting that should no response be received prior to June 30 2020, then this will be deemed as opt-out.

6. Further note that should the hardship arise after June 30, 2020, ratepayers that have been noted as opt-out will have an option to seek financial assistance under the Hardship Policy and may be provided the relief under delegated authority of the CEO.

7. Acknowledge the financial implications and associated risks of the potential $17.5million reduction in the cash balance should all property owners accept the $300 relief package.

8. In acknowledging that risk, commit to an initial $5million reduction in the 2020/21 capital works program spread across all wards to retain an acceptable working funds balance with a further commitment to detailed reviews of the capital works program during 2020/21 to reinstate deferred projects as funding opportunities are identified.

Clr Watson raised a Point of Order against Clr Findley regarding bringing new information to debate in the Right of Reply.

The Chairperson asked Clr Findley to stay on Point.

Clr Pakes raised a Point of Order against Clr Findley for the comment about Clr Guile and KPI’s.

The Chairperson ruled against the Point of Order.

Motion (Clr Findley / Clr Gartner)

That this item be deferred to provide Councillors with the option to look over all information in the report and what has been discussed in Parliament today and reported back at the Ordinary Meeting Tuesday 26 May 2020.

For: Clr Gash, Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett

Against: Clr Wells, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

MOTION LOST

FORESHADOWED MOTION (RECOMMENDATION) (Clr Guile / Clr Proudfoot)

That Council:

Fund	Rates Donation/Reduction in Rates, Fees and Charges/Account
General Fund Rates Donation (S356 LGA)	$108
Water Fund Subsidy	$88
Sewer Fund Subsidy	$60
Domestic Waste Fund Subsidy	$44
Total:	$300

7. Acknowledge the cost of the financial implications and associated risks of the potential $17.5million reduction in the cash balance should all property owners accept the $300 relief package.

8. Commits to retaining in the 2020/21 capital works program the $5million in projects proposed for deferral in the report and the CEO report to Council on alternate funding sources if needed to retain an acceptable working funds balance.

9. Invites the CEO to present a report at the next Strategy and Assets Committee providing a draft Liquidity Contingency Plan for Council to assist in the monitoring of Councils financial position

For: Clr Wells, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against: Clr Gash, Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett

FORESHADOWED MOTION CARRIED

SA20.61 Showground Stimulus Funding Applications - NSW Government Grants

HPERM Ref: D20/154520

Recommendation (Item to be determined under delegated authority)

That Council:

1. Notes the grant applications that have been already been submitted for the NSW Government ‘Showground Stimulus Funding’ program in Round 1.

2. Approve the proposed projects being further investigated for Round 2 grant applications for the NSW Government ‘Showground Stimulus Funding’ program closing 29 May 2020.

3. Accepts all grant funding that is awarded for projects as identified in this Report and that this is reported through the Quarterly Budget Review process.

4. Authorise the CEO to enter into grant funding agreements for any funding received under this program.

RESOLVED (Clr Proudfoot / Clr White) MIN20.333

That Council:

1. Notes the grant applications that have been already been submitted for the NSW Government ‘Showground Stimulus Funding’ program in Round 1.

2. Approve the proposed projects being further investigated for Round 2 grant applications for the NSW Government ‘Showground Stimulus Funding’ program closing 29 May 2020.

3. Accepts all grant funding that is awarded for projects as identified in this Report and that this is reported through the Quarterly Budget Review process.

4. Authorise the CEO to enter into grant funding agreements for any funding received under this program.

CARRIED

SA20.62 Parkcare Action Plans - Alexandra Street / Bayswood / Carriage Way / Fred Evans Park / Narrawallee / Main Road Reserve / Marriott Camellia / Mark Radium Park / Princess Park / St Georges Basin

HPERM Ref: D20/134383

Recommendation (Item to be determined under delegated authority)

That Council

1. Endorse the updated and new ‘Parkcare’ plans for:

a. Alexandra Park - Berry,

b. Bayswood Park - Vincentia,

c. Carriage Way Park - Milton,

d. Fred Evans Park - Culburra Beach,

e. Narrawallee Park - Narrawallee,

f. Main Road Reserve - Cambewarra,

g. Marriott Camellias Park - Nowra,

h. Mark Radium Park - Berry,

i. Princess Park - Berry and

j. St Georges Basin Park - St Georges Basin.

2. Continue to allocate ongoing annual operating funding of $400 (GST exclusive and CPI adjusted) for each Parkcare Group, totalling $4,000, to cover safety PPE, miscellaneous materials, waste disposal and purchase of minor tools. This has been provided for in the Draft 2020/2021 Operating Budget.

RESOLVED (Clr Proudfoot / Clr White) MIN20.334

That Council

1. Endorse the updated and new ‘Parkcare’ plans for:

a. Alexandra Park - Berry,

b. Bayswood Park - Vincentia,

c. Carriage Way Park - Milton,

d. Fred Evans Park - Culburra Beach,

e. Narrawallee Park - Narrawallee,

f. Main Road Reserve - Cambewarra,

g. Marriott Camellias Park - Nowra,

h. Mark Radium Park - Berry,

i. Princess Park - Berry and

j. St Georges Basin Park - St Georges Basin.

CARRIED

SA20.63 Comerong Island Ferry Report

HPERM Ref: D20/144099

Recommendation (Item to be determined under delegated authority)

That:

1. After extensive and expert analysis Council endorse the preferred option to maintain the ferry service to Comerong Island which is to refurbish the Cormorant pursuant to the objectives of Council MIN19.554. This would involve rehabilitating the exiting hull and rebuilding the other components of the ferry (i.e. motor, wheelhouse decking etc)

2. Council note that tenders will be called for the refurbishment of the Cormorant from suitably qualified suppliers.

RESOLVED (Clr Pakes / Clr Levett) MIN20.335

That:

2. Council note that tenders will be called for the refurbishment of the Cormorant from suitably qualified suppliers.

CARRIED

SA20.64 Fire Recovery Bridge Reconstruction

HPERM Ref: D20/81964

Recommendation (Item to be determined under delegated authority)

That with respect to the Currowan Fire 2019/2020 Council note

1. The progress of the Natural Disaster Funding applications for the following bridges:

§ Wheelbarrow Road over Lucy King Creek

§ Brooman Road over Toomboolomobah Creek

§ Bugong Road over School Creek

§ Yerriyong Bridge over tributary of Calymea Creek

2. That these applications were the first Natural Disaster Funding applications for essential public asset restorations in NSW.

3. The progress of the reconstruction of the destroyed bridges.

4. That Council staff are assisting Eurobodalla Shire Council with the preparation and submission of their Natural Disaster Funding applications.

RESOLVED (Clr Proudfoot / Clr Gash) MIN20.336

That with respect to the Currowan Fire 2019/2020 Council note

1. The progress of the Natural Disaster Funding applications for the following bridges:

§ Wheelbarrow Road over Lucy King Creek

§ Brooman Road over Toomboolomobah Creek

§ Bugong Road over School Creek

§ Yerriyong Bridge over tributary of Calymea Creek

2. That these applications were the first Natural Disaster Funding applications for essential public asset restorations in NSW.

3. The progress of the reconstruction of the destroyed bridges.

4. That Council staff are assisting Eurobodalla Shire Council with the preparation and submission of their Natural Disaster Funding applications.

CARRIED

SA20.65 Far North Collector Road - Upgrade of Taylors Lane, Cambewarra

HPERM Ref: D20/105762

Recommendation (Item to be determined under delegated authority)

That Council upgrade the part of Taylors Lane shown on drawing 5505.05 in accordance with Option 4 which is to maintain the existing centreline of Taylors Lane with the following characteristics:

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

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

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

4. A biodiversity area equivalent to 150% of the area of trees removed by Option 4 of Taylors Lane in the vicinity of Bomaderry Creek be revegetated.

Motion (Clr Gartner / Clr Digiglio)

That:

1. For the part of Taylors Lane shown on drawing 5505.03 retain the remnant Taylors Lane and construct a totally new road to the north, considering the requirements of the Moss Vale Road South Urban Release Area Development Control Plan Chapter;

2. Council also implement the 150% Biodiversity offset strategy for the trees (from option 4) in the vicinity of Bomaderry Creek as a risk management strategy given Council cannot guarantee the long-term future of the trees along Taylors Lane.

For: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett and Clr Proudfoot

Against: Clr Wells, Clr Gash, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener and Stephen Dunshea

MOTION LOST

FORESHADOWED MOTION (RESOLVED) (Clr Watson / Clr Pakes) MIN20.337

That Council upgrade the part of Taylors Lane shown on drawing 5505.05 in accordance with Option 4 which is to maintain the existing centreline of Taylors Lane with the following characteristics:

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

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

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

4. A biodiversity area equivalent to 150% of the area of trees removed by Option 4 of Taylors Lane in the vicinity of Bomaderry Creek be revegetated.

For: Clr Wells, Clr Gash, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett

foreshadowed motion cARRIED

SA20.66 Nowra Golf Course - Proposed Leases to Bomaderry Bowling Club Ltd

HPERM Ref: D20/108860

Recommendation

That Council

1. Accept the surrender of the licence between Council and Nowra Golf Club Limited over Lot 2 DP 540883 & Lot 3 DP 528318 dated 11 October 2001

2. As Crown Land Manager accept the surrender of the licence between the Greys Beach (R68918) Reserve Trust (the affairs of which were formerly managed by Council) and Nowra Golf Club Limited over Lot 7303 DP 1164490 dated 11 October 2001

3. Enter into a lease agreement with Bomaderry Bowling Club Limited over Lot 2 DP 540883, Lot 3 DP 528318 & Part Lot 1 DP 438034 (Nowra Golf Course - 86 Fairway Drive, North Nowra) for twenty (20) years with annual CPI increases and market reviews in years 5, 10 & 15 for an initial rent of $5,000 (excl GST)

4. As Crown Land Manager of R68919 (known as Greys Beach Reserve) enter into a Crown lease agreement with Bomaderry Bowling Club Limited over Part Lot 7303 DP 1164490, Part Lot 239 DP 728005 & Part Lot 7302 DP 1164490 for twenty (20) years with annual CPI increases and market reviews in years 5, 10 & 15 for an initial rent of $1,500 (excl GST)

5. Require each party to pay their own legal costs in this matter

6. Approve the Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed otherwise the Chief Executive Officer be authorised to sign any documentation necessary to give effect to this resolution including negotiating and agree to CPI and market reviews in years 5, 10 & 15.

Note: Clr Gartner left the meeting at 7.04pm.

RESOLVED (Clr Watson / Clr Pakes) MIN20.338

That this item be deferred pending review and further negotiations.

For: Clr Wells, Clr Gash, Clr White, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against: Clr Findley, Clr Gartner, Clr Digiglio, Clr Alldrick and Clr Levett

CARRIED

SA20.67 Proposed Sale of Lot 140 DP 11629, Inglewood Crescent, Tomerong

HPERM Ref: D20/124352

Recommendation

That Council resolves to authorise:

1. The sale by direct negotiation Lot 140 DP 11629 at Inglewood Crescent, Tomerong to Robert Lewis Albright for $165,000 (inclusive of GST if applicable).

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

3. Funding all costs associated with the sale from Job Number 28800.

4. The net proceeds of the sale to be placed in the Property Reserve.

RECOMMENDATION (Clr Proudfoot / Clr White)

That Council resolves to authorise:

1. The sale by direct negotiation Lot 140 DP 11629 at Inglewood Crescent, Tomerong to Robert Lewis Albright for $165,000 (inclusive of GST if applicable).

3. Funding all costs associated with the sale from Job Number 28800.

4. The net proceeds of the sale to be placed in the Property Reserve.

CARRIED

SA20.68 Creation of an Asset Protection Zone over Council unmade road adjoining Lot 24 Sec 1 DP 9182 - 11 Grandview St, Erowal Bay

HPERM Ref: D20/131488

Recommendation

That Council:

1. Resolve to approve the creation of an Asset Protection Zone over Council’s unmade road at First Avenue, Erowal Bay adjoining the common north boundary of Lot 24 Sec 1 DP 9182 as shown in Attachment 1 (D20/131596), by way of the positive covenant in accordance with the provisions of Section 88E of the Conveyancing Act 1919;

2. Require that the landowners of Lot 24 Sec 1 DP 9182 indemnify Council against any loss, injury or damages incurred whilst on Council owned land and undertaking the activities defined in the APZ Management Plan and pay all costs, fees and charges (including legal) associated with the creation of the positive covenant; and

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

Motion (Clr Levett / Clr Findley)

That the CEO advise the owner of Lot 24 Sec 1 DP 9182 (11 Grandview St Erowal Bay) that it does not agree to the creation of an Asset Protection Zone (pursuant to policy POL19/10) as Council does not consider it appropriate to clear the vegetation to the extent to create an Asset Protection Zone.

For: Clr Findley, Clr Alldrick and Clr Levett

Against: Clr Wells, Clr Gash, Clr White, Clr Digiglio, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

MOTION LOST

FORESHADOWED MOTION (RECOMMENDATION) (Clr Watson / Clr Proudfoot)

That Council:

For: Clr Wells, Clr Gash, Clr Digiglio, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against: Clr Findley, Clr White, Clr Alldrick and Clr Levett

FORESHADOWED MOTION CARRIED

SA20.69 Business Case - Ranger Services

HPERM Ref: D19/416732

Recommendation

That Council:

1. Receive the status of the trial of the pathway street signage on the Adelaide Street Reserve, Greenwell Point for information only (Item 3 of MIN19.390).

2. Accept the framework and approve the increase funding for Ranger Services to educate owners and enforce existing dog off-leash areas by allocating an additional budget of $30,000 for media campaign (Item 4 of MIN19.390).

RECOMMENDATION (Clr Findley / Clr Pakes)

That Council:

1. Receive the status of the trial of the pathway street signage on the Adelaide Street Reserve, Greenwell Point for information only (Item 3 of MIN19.390).

CARRIED

SA20.70 Ulladulla Boardwalk Replacement

HPERM Ref: D20/71379

Recommendation (Item to be determined under delegated authority)

That Council’s Works and Services Section be commissioned to replace the boardwalk with an oxide finished concrete two (2) metre wide shared footpath in the 2020/21 financial year.

RESOLVED (Clr Kitchener / Clr White) MIN20.339

That:

1. Council’s Works and Services Section be commissioned to replace the boardwalk with an oxide finished concrete two (2) metre wide shared footpath in the 2020/21 financial year.

2. Council incorporate in the concrete path design, 3 additional concrete slabs for the provision of 2 seats and 1 viewing platform, separated from the flow of pedestrian traffic.

3. The seats and viewing platform are to be independent of each other and are to be constructed in the future when funds are available.

CARRIED

SA20.71 Draft Proposal for 2020-21 Water and Sewer Charges

HPERM Ref: D20/100652

Recommendation

That Council adopt the following proposal for inclusion in the draft 2020/21 budget:

1. Water Availability Charge 20mm – Increase of $1 from $82/connection per annum to $83/connection per annum

2. Water Usage Charge – Increase of $0.05 from $1.70/KL to $1.75/KL

3. Sewer Availability Charge 20mm – Increase of $12.00 from $864/connection per annum to $876/connection per annum

4. Sewer System Usage Charge – Increase of $0.10/KL from $1.70/KL to $1.80/KL

5. A contribution from the Water and Sewer Funds to the COVID – 19 Financial Assistance subsidy, is applied up to a maximum amount of $88 per property from the Water Fund and $60 per property from the Sewer Fund in 2020-21.

RECOMMENDATION (Clr Proudfoot / Clr White)

That Council adopt the following proposal for inclusion in the draft 2020/21 budget:

1. Water Availability Charge 20mm – Increase of $1 from $82/connection per annum to $83/connection per annum

2. Water Usage Charge – Increase of $0.05 from $1.70/KL to $1.75/KL

3. Sewer Availability Charge 20mm – Increase of $12.00 from $864/connection per annum to $876/connection per annum

4. Sewer System Usage Charge – Increase of $0.10/KL from $1.70/KL to $1.80/KL

CARRIED

SA20.72 Australian Government Bureau of Meteorology - National Performance Report 2018/19 Urban Water Utilities

HPERM Ref: D20/136020

Recommendation (Item to be determined under delegated authority)

That the report regarding the Australian Government Bureau of Meteorology National Performance Report 2018/19 Urban Water Utilities be received for information in accordance with the Committee’s delegated authority from Council.

RESOLVED (Clr Proudfoot / Clr White) MIN20.340

CARRIED

SA20.73 Acquisition of Easement - Sewer Purposes - South Nowra

HPERM Ref: D20/140751

Recommendation

That Council

1. Acquire an Easement to Drain Sewage variable width over part of Lot 2 DP 714802 Old Southern Road South Nowra marked (E) on the attached draft survey plan.

2. Pay compensation of $53,000 plus GST if applicable and reasonable legal and valuation costs associated with the acquisition in accordance with the provision of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer Fund.

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

RECOMMENDATION (Clr Findley / Clr White)

That Council:

1. Acquire an Easement to Drain Sewage variable width over part of Lot 2 DP 714802 Old Southern Road South Nowra marked (E) on the attached draft survey plan.

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

CARRIED

Procedural Motion - Matters of Urgency

Motion (Clr White / Clr Findley)

That an additional item regarding land at 12 Bowness Close, Conjola Park be introduced as a matter of urgency.

The Chairperson ruled the matter as urgent as it relates to urgent business of council and public interest.

SA20.74 Additional Item - Management Plan - Public Reserve - 12 Bowness Close, Conjola Park

RESOLVED (Clr White / Clr Findley) MIN20.341

That Council develop a Management Plan for the public reserve at 12 Bowness Close, Conjola Park which ensures the surrounding properties remains at a BAL rating of no more than 29 and maintain reserve such as mowing or mulching when required.

CARRIED

There being no further business, the meeting concluded, the time being 7.37pm.

Clr Wells

CHAIRPERSON

Strategy and Assets Committee – Tuesday 09 June 2020

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SA20.79 Draft Amendment - Park Management Policy and New Policy - Draft Plaques and Memorials Policy

HPERM Ref: D20/60628

Section: Recreation Community & Culture

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

Attachments: 1. Park Management Policy - Current ⇩

2. Draft Amendment - Park Management Policy ⇩

3. Draft Plaques and Memorials Policy ⇩

4. Memorials in Waverley - Waverly Council (councillors information folder) ⇨

5. Memorials Policy - Burwood Council (councillors information folder) ⇨

6. Memorials Policy - City of Greater Geelong (councillors information folder) ⇨

7. Plaques and Memorials Policy - City of Monash (councillors information folder) ⇨

8. Plaques and Memorials Policy - City of Charles Sturt (councillors information folder) ⇨

9. Plaques and Memorials Policy - City of Salisbury (councillors information folder) ⇨

10. Overview and summary of key observations on other Council Plaque and Memorial Policies ⇩

Reason for Report

To provide background and progress on:

· Preparing a standalone Plaques and Memorials Policy document relating to plaques and memorials;

· Amending the Park Management Policy to remove references to requests for plaques, memorials or similar items; and

· Providing feedback following the Cllr Workshop.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Support the new draft Plaques and Memorials Policy.

2. Amend the Park Management Policy (POL17/7) to remove reference to processes and standards relating to plaques, memorials or similar items.

3. Place the Amended Park Management Policy, and the Draft Plaques and Memorials Policy on public exhibition for a minimum period of 28 days, and:

a. If no significant adverse comments are received at the close of the public exhibition period, both the Park Management Policy and Plaques and Memorials Policy be deemed adopted; or

b. If significant adverse comments are received, a report be prepared and submitted to Council on the outcomes of the exhibition period prior to adoption.

Options

1. Adopt the recommendation.

Implications: Plaques and memorials are a sensitive matter; currently this is administered by a Policy that also focusses on more generic park management issues such as playgrounds, barbecues, landscaping, signage, fencing, picnic tables and fencing. The proposed amendment to the Parks Management Policy is to remove references to plaques and memorials, and to prepare a new Policy which specifically deals with the management of requests and standards for plaques and memorials. Having two separate policies will have the following benefits:

· Help to manage park infrastructure and provide more clarity and certainty for Council staff and for the community;

· Provide greater certainty in the management of memorials and plaques;

· Bring Shoalhaven City Council Policy into line with industry practice and other Councils’ policies throughout Australia;

· Raise the significance of plaques and memorials in terms of both their community sensitivity and their management; and

· Improve and streamline applications for plaques and memorials more effectively.

This change in Policy will aim to put a formal structure in place which specifically relates to managing the placement of plaques and memorials. Whilst a Council decision of this nature may be sensitive to some community members who have suffered a loss, it also aims to balance this with the broader interests of the community.

2. Not adopt the recommendation and defer an amendment to the Park Management Policy (POL17/7) until the formal review date of December 2020.

Implications: This would leave the policy unamended and inadequate until its formal review later in 2020. The identified management concerns and community dissatisfaction will continue unresolved as the current policy does not allow Council to provide a level of service commensurate with the community requests or enable staff to effectively manage such requests.

Background

Council reviewed and adopted its Park Management Policy on 21 February 2017. Adoption of the Policy in 2017 consolidated and superseded the following policies:

· Parks and Reserves – Emplacement of plaques and artefacts and trees;

· Reserve Naming;

· Parks enhancement; and

· Icon Parks.

The report to Council in February 2017 noted that “the current policy has been very successful in encouraging the community to fund provision of seats with memorial plaques in parks”. This success has resulted in the oversupply of seats in some locations (in particular Sussex Inlet) and requests for seats are now being declined by Council staff in many parks due to the unavailability of a suitable location.

In addition, the provision of such infrastructure has long-term asset implication for Council with maintenance and replacement of the seats.

The current adopted Policy includes:

· Guidelines on donations of park infrastructure and associated memorial plaques;

· Naming of parks;

· Guidelines on the level of provision for park spaces (park appointment)

The Policy is due to be reviewed on 1 December 2020.

Shoalhaven City Council does not have a separate Plaques and Memorials Policy and only makes mention of plaques or similar items under section 3.1(d) of its Park Management Policy, “Assisting funding of park infrastructure”, where it states:

“(a) A request for a plaque or similar item to recognise the financial contribution to the park infrastructure and which is separately fully funded by the community, will be considered if it meets (among other things) the following:

(i) Council staff will determine the appropriate location of the plaque, which does not deter use or public ownership.

(ii) The maximum size of a plaque will be 110mm X 75mm with the following standard wording: “Provision of this park equipment has been assisted by (insert name). Additional wording at the end of this sentence can state “in memory of (insert name)”.”

(iii) Full costs associated with installation of the plaque will need to be paid to Council prior to installation.

(iv) Only one plaque per community group or family can be erected on the park infrastructure.

(v) Council reserves the right to decline an offer for the community to assist funding of park infrastructure.

(vi) If necessary, Council reserves the right to reposition a plaque.

(vii) Council will not replace a stolen or damaged plaque and a plaque will not be reinstalled if the park infrastructure is replaced or damaged.

(viii) Significant financial contributions or alternative arrangements to the above provisions may be authorised by the appropriate Council Director and may involve an event or ceremony that is conducted by The Mayor or Mayor’s representative.

Current Situation

Since the adoption of the Policy in 2017, Council staff have received many requests for plaques. There have been at least fifteen such requests over the past three months with the community overwhelmingly expressing wishes to install a plaque, usually with a chair or on an existing chair, in memory of deceased family or friends.

Most requests specifically enquire to have the bench or plaque installed in highly visible, foreshore locations such as Vincentia, Sussex Inlet, Huskisson or Mollymook. These areas have an abundance of seating which has implications for the unimpeded use of public open space. This is now proving to be a significant management challenge for Council. Council has already received many bench donations to date and the maintenance implications of both the current number, and the prospect of more, are significant.

It is easy to understand that when people seek to donate a bench with a memorial plaque, they are passionate about its ongoing maintenance and upkeep from Council; however, this can be operationally challenging.

In order to accommodate this, operational staff have been actively working with community members to combine funds for larger infrastructure, or alternately offering existing seats and benches for plaques to be installed onto, the purpose being to decline offers of new seats/benches. However, this has not been well received by most of the community who make such inquiries, with many not wanting to donate funds to larger infrastructure, and most preferring their own private ‘chair’ memorial.

Councillor Briefings

On 24 April 2018, Council considered a Notice of Motion in relation to outdoor furniture, plaques and memorials. Council resolved in part (MIN18.294), that:

1. Donation of appropriate outdoor furniture be encouraged through service clubs, community groups and inspired individuals and;

2. A briefing be provided to Councillors and a possible review of the Park Management Policy.

Following the resolution of Council, a Councillor Briefing outlining the significance of memorials and the ongoing operational challenges was held on 23 May 2019.

At the briefing, Councillors discussed the need for a policy review and requested that it include options of memorials/plaques able to be installed in paving, as a possible alternative to being attached to benches or other infrastructure. There was also general discussion around the ability for Council to accept the donation of trees.

Council staff reviewed the policy and developed a standalone Plaques and Memorials Policy, which went to a Councillor Briefing on 20 February 2020. At this Briefing it was decided to hold a workshop with interested Councillors in order to review and amend the draft policy. This Councillor workshop was held on 29 April 2020 with Councillors that had expressed an interest attending and amendments discussed.

Review of Parks Management Policy

Council staff have reviewed Shoalhaven City Council’s Park Management Policy and other relevant policies on the subject currently in practice in other Local Government Areas. These include (copies of the following Policies are available in the Councillor Information Folder):

· Waverley Council “Memorials in Waverley” NSW

· Burwood Council “Memorials Policy” NSW

· City of Greater Geelong “Plaques and Memorials Policy” VIC

· Monash Council “Plaques and Memorials Policy” VIC

· City of Charles Sturt “Memorials Policy” SA

· City of Salisbury “Plaques and Memorials Policy” SA

A significant difference between Shoalhaven City Council’s Park Management Policy and those of the other councils sampled, is that the other policies deal with the matter of plaques and memorials within its own distinct policy, and not within a policy that also covers matters such as barbecues, lighting, garbage bins, shade structures, signage and fencing. A detailed summary of key differences of the Policies reviewed is provided at Attachment 10.

The “Purpose” of the Shoalhaven City Council Policy does not make mention of benches, plaques or memorials, instead simply stating that the purpose is “to provide policy guidance for the management of Council’s parks network”.

Shoalhaven City Council’s Park Management Policy is a briefer document than the examples reviewed, and its provisions do not give the issue of approval of plaques and memorials any significant weight. This is due to the Policy being too broad and not adequately accounting for the complexity of the issue or recognising the management challenges associated with satisfying the donor community.

It is recommended that any reference to plaques and memorials be removed from the existing policy and instead, a new purpose written policy be introduced specific to Plaques and Memorials. A Draft Amendment to the Parks Management Policy has been prepared on this basis and is provided in Attachment 2 of this report. The draft Policy with amendments seeks to remove all references to plaques and memorials.

New Policy – Plaques and Memorials

A new draft Plaques and Memorials Policy has been prepared and is provided in Attachment 3. This has been drafted after the reviewing the Parks Management Policy from other Local Government Areas and with input from a Councillor Working Group. The new policy aims to protect the purpose and aesthetic of Council public spaces. It recommends that Council does not encourage the installation of plaques and memorials on land owned or managed by Council.

The proposed new Plaques and Memorials Policy aims to meet the following objectives:

· Provide an opportunity to recognise and celebrate significant historical events and persons or organisations closely associated with the leadership, cultural and social development of the City;

· Protect the intended purpose, environmental values and aesthetic appearance of Council public space;

· Provide a clear and equitable framework to manage requests for plaques and memorials to be located within Council public space;

· Provide an overview of what content can be included on a plaque or memorial to ensure equity for community members;

· Formalise the approval process for community plaques; and

· Ensure risks are adequately considered in relation to plaques and memorials on Council land.

A Councillor working group was held on Wednesday 29 April 2020 (following the Councillor Briefing on 20 February 2020) to seek feedback from Councillors on the draft Policy. Following the working group, amendments were made to the draft Policy based on the Councillor feedback received in relation to:

· The definition of a significant person;

· Payment of installation;

· Council initiated plaque / memorial installation;

· Acknowledging existing and Council-endorsed masterplans;

· Incorporating engraved pavers to the definition of plaques; and

· Removal of non-compliant / unauthorised plaques and memorials.

To formalise the approval process for community requests for plaques and memorials, a significant component of the draft Policy is to report future community requests to Council for endorsement. This will ensure Council are aware, and approve, of events or individuals featured on a plaque in public spaces.

Policy Implications

This approach would amend an existing Parks Management Policy and create a new Plaques and Memorials Policy.

Community Engagement

The resolution identifies that the amended Park Management Policy, and the draft Plaques and Memorials Policy, will be placed on public exhibition for a minimum period of 28 days. It is proposed to exhibit and encourage engagement through a number of ways:

· Community networks;

· Community Consultative Bodies;

· Council Advisory committees;

· Internal council staff;

· Social media networks; and

· Web based applications.

Council to date have engaged with internal stakeholders and Councillors, representing our community, to assist with the development of this policy.

If no significant adverse comments are received at the closure of the public exhibition period the policies will be deemed adopted. If significant adverse comment on either of the policies is received this will be reported to a future meeting for further consideration.

Financial Implications

The average cost to purchase and install a memorial seat with a plaque is $1,500. This does not include any connecting pathways or ongoing maintenance.

Maintenance of the seats requires periodic cleaning and repainting on an as needs basis, timber replacement is on a risk assessment basis. Replacement is generally 10-20 years dependent on location and usage.

Reserve infrastructure including bench, chair and seating is inspected every six months. Maintenance is noted and scheduled as required.

Strategy and Assets Committee – Tuesday 09 June 2020

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SA20.80 Interim Report Dog Off-Leash Policy Review

HPERM Ref: D20/19498

Section: Recreation Community & Culture

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

Attachments: 1. Copy of Submissions (councillors information folder) ⇨

Reason for Report

To seek Council acceptance of this interim report, and approval for the further report to be submitted following the end of the Narrawallee Beach amended access trial period at Christmas 2020.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Accept the interim report for information and receive a further in relation to dog off-leash areas once all current dog off-leash trials have been completed.

2. Allocate a budget of $35,500 from savings within the Community Projects 2019/20 Budget for the installation of signage and fencing at West Street, Greenwell Point to formalise the dog off-leash area.

3. Support the provision of in-kind contributions from Council to formalise the dog off leash area at Thurgate Oval should Bomaderry Community Inc. be successful in the Veolia Mulwarree Trust grant.

4. Investigate further upgrade of existing stairs at Victor Avenue, Narrawallee and provide costings in the final report.

Options

1. Adopt the recommendation.

Implications: This is in accordance with Council’s resolution (MIN19.390) as it provides a report back to Council in the first half of 2020, while providing a fully detailed report when the effectiveness of the trials has been assessed. It will also allow for the progress with two of the new off leash areas in Greenwell Point and Bomaderry that are generally straightforward (no known adverse community reaction or known environmental constraints), arising from community requests and Notices of Motion.

2. Adopt an alternative recommendation.

Implications: An alternative recommendation may result in Council staff unable to undertake the responsibilities in accordance with the various Council resolutions relating to dog off leash areas.

Background

During 2018, Council received Notices of Motion in relation to off-leash dog areas and related signage, specifically in relation to Greenwell Point and Sussex Inlet District.

Following a Councillor Briefing on 30 August 2018 and a subsequent report to Council’s Strategy and Assets meeting on 16 October 2018, Council resolved the following (MIN18.810):

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

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

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

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

Following the above minute, Council staff undertook a quotation process to engage a consultant to undertake a review of the Access Areas for Dogs Policy. A report was considered by Strategy and Assets on 9 April 2019 which recommended that the preferred consultant be engaged, a budget be allocated towards the Policy review and a Community Reference Group be established to inform the Policy review, however Council resolved (MIN19.217):

“the matter regarding Review Access Areas for Dogs Policy (POL16/173) - Engagement of Consultant, Allocation of Budget and Establishment of Community Reference Group be deferred pending a Councillor Briefing”.

On 9 May 2019, Councillors attended a briefing to discuss options, challenges and opportunities for the Access Areas for Dogs Policy review.

In response to the Councillor briefing, a report was prepared for consideration at the Strategy and Assets Meeting on 11 June 2019, where Council resolved (MIN19.390) to:

1. Not proceed with the review of Council’s Dog Off Leash Policy.

2. Staff research and consult with community providing additional off leash areas on a case by case basis, and report back findings to Council with estimated costings in the first half of 2020.

3. Recommence the trial of the pathway street signage on the Adelaide Street Reserve, Greenwell Point.

4. Receive a further report setting out the business case for increasing funding for Ranger Services to educate and enforce existing dogs off leash areas.

Part (4) of the above resolution was reported to the Council in May 2020. A Notice of Motion was brought to the 21 April 2020 Strategy and Assets meeting in relation to dog attacks, imposition of fines for non-compliance, and considering a review of the Access Areas for Dogs Policy with a working group made up of community, Council Rangers, Council Animal Shelter staff and other interest parties (MIN20.264).

Council’s Ranger Services are preparing a report to Council to address the various matters raised in the Minute. These items, and the establishment of a working group, will inform a review of the Access Areas for Dogs Policy which will commence following that report to Council. It is anticipated that this matter will be reported in the near future to a Strategy and Assets meeting.

Case by Case Basis

As per part 2 of MIN19.390, Council staff have investigated requests for dog off-leash areas on a case by case basis. These investigations are discussed below.

West Street, Greenwell Point (MIN19.826):

At the November 2019 Strategy and Assets meeting Council resolved (MIN19.826) to implement a dog off-leash area at West Street, Greenwell Point. In line with this resolution, Council has requested quotations to install signage and fencing for the formalisation of West Street Greenwell Point off-leash dog area.

The quotations indicate a budget of $35,500 would be required for the installation of a single sign and the supply and installation of 256 metres of chain link fence, with top and bottom rails, a 3-metre double gate (fitted with airlock entry with latch and spring hinges) and access for vehicles.

The budget required to install signage and fencing at West Street, Greenwell Point can be accommodated by savings in the Community Projects budget.

The Greenwell Point community is an enthusiastic and active driver of, and supporter for, this project. Their involvement to date has included providing the site boundary survey and the concept design for signage, and in addition, they have volunteered to provide the timber paling for fencing repairs to the southern fence of the Tourist Park at the appropriate time.

The dog park has been supported by the adjacent tourist park, as well as adjacent landowners to the west.

At the time of writing this report, there has been no adverse community feedback received regarding this project.

Thurgate Oval, Bomaderry (MIN19.634)

At the October 2019 Strategy and Assets meeting, Council resolved to implement a trial for a designated 24/7 off leash dog area at Thurgate Oval, Bomaderry. The resolution stipulated a trial period of twelve months from the time fencing and signage is established.

The trial period has not yet commenced, although grant applications have been lodged, including Veolia Mulwarree, Clubgrants and the Community Partnerships Program. Other funding opportunities are being sought by Bomaderry Community Inc.

Bomaderry Community Inc have been successful in receiving a grant to the sum of $25,000 through the Community Partnerships Program to fund fencing materials and labour.

Bomaderry Community Inc has formulated a project plan, which includes estimated costings for the various elements of the project. This proposal is for a best practice / model dog park and includes infrastructure and embellishments beyond what Council would traditionally place within a dog park. The scope of work includes demolition works and site preparation, fencing, signage, landscape furniture, irrigation, landscaping and landscape structures. The cost estimate for the project is $252,822 (excluding co-contributions); this is an estimate only compiled by Bomaderry Community Inc. There may be substantial cost differences between these estimates and actual cost.

Not included in the cost estimate above is $101,360 of co-contributions from a range of organisations including Shoalhaven City Council. The co-contribution sought from Council is to the value of $29,850 and includes in-kind works or provision of infrastructure including site survey, waiver of development fees, rubbish bins, landscaping materials and water supply reticulation.

At the time of writing this report, there has been no adverse community feedback received regarding this project.

Adelaide Street Reserve, Greenwell Point (MIN19.390)

At the May 2019 Strategy and Assets meeting, Council resolved (MIN19.390) to recommence the trial of the pathway street signage on the Adelaide Street Reserve, Greenwell Point.

Council staff allowed a six-month trial period ending end June 2020, because the installation of infrastructure included pathway stencils, which have not previously been tested by Council. A questionnaire has been prepared for release to the community at the end of June 2020 to seek feedback on the success of the trial of the pathway signage. The questionnaire will be available via the Get Involved page.

At the time of writing this report, there has been no adverse community feedback received regarding this project.

Paradise Point Park, Sanctuary Point (MIN19.503)

At the August 2019 Strategy and Assets meeting, Council resolved to install additional signs to reinforce the status quo of ‘dogs on leash’ at Paradise Beach Road and Walmer Avenue Sanctuary Point.

In line with the resolution, nine additional signs, stretching from the children’s park to the Island Point Road foreshore car park, were installed.

At the time of writing this report, there has been no negative community feedback received regarding this project.

Narrawallee Beach (MIN19.924)

At the December 2019 Strategy and Assets Meeting, Council considered a Notice of Motion in response to a request from the dog-owner community living south of the Surfers Avenue steps, for both better access to the Dog Off-Leash area in the middle of the beach and for access hours consistent with those on other beaches.

The resolution sought to establish a twelve-month trial of a 10m wide dog on-leash strip passing from the Surfers Avenue unformed beach access area to the commencement of the dogs on-leash area of the main Narrawallee Beach, installation of new signage, feasibility assessment of upgrading the track west of the dog prohibited area to allow for a permanent, off-beach access.

Since the resolution, new signs have been installed, the trial period is underway and due to end 25 December 2020 and Council’s Dog Off-Leash Guide has been updated to reflect the new 10m Dog On-Leash access way at the southern end of the beach.

Since the installation of the new signs, Council staff have been inundated with complaints about non-compliance from both dog owners and non-dog owners and has required significant resourcing to manage the influx of correspondence. At the completion of the trial period, a report will be provided to Council with options on how to manage the future of dog off-leash, on-leash and prohibited areas on Narrawallee Beach.

In relation to the feasibility assessment of upgrading the track west of the dog prohibited area, Council’s Natural Resources and Floodplain Unit have investigated potential costs and implications of upgrading this access to facilitate stairs. The subject area is located in the coastal use and coastal environmental area under State Environmental Planning Policy (Coastal Management) 2018. Various investigations will be required in order to determine the impact of the proposed works given its sensitive coastal location and detail with costings will be discussed in more detail in the final report.

Shoalhaven Heads (MIN20.288)

At the 28 April 2020 Ordinary Meeting, Council considered a Notice of Motion in relation to a review of the dog off-leash areas at Shoalhaven Heads and resolved to undertake a review and consultation as part of the case by case basis investigations. Council staff have commenced reviewing the current off-leash dog areas and will soon commence community engagement.

Community Engagement

Since 2019, every response to a submission received has concluded with an invitation to provide further comment on Council’s Get Involved page and to access that page for updates in relation to Dogs Policy. Further, members of the community have been advised in all responses to their submissions that “staff will be expected to address all issues of concern expressed by the community in the intervening period” (i.e. between the Council resolution of June 2019 and the preparation of the final report).

In addition, Council’s Community and Recreation staff and Ranger Services staff have maintained telephone contact with key community members and have met community groups/individuals on site at Narrawallee Beach, Greenwell Point, Sanctuary Point and Nowra Showground.

Since the Council resolution of 11June 2019, there have been 66 complaints and submissions (including 1 petition with 52 signatures) in total resulting from the resolution relating to trials and case by case consideration and cover extensive issues. A copy of the submissions is provided in the Councillors Information Folder.

For the purposes of this interim report, the main themes of the complaints and submissions address:

· The high proportions of submissions/complaints from Narrawallee Beach as compared with everywhere else. Other areas mentioned in complaints / submissions include Vincentia, Huskisson, Lake Tabourie, Sanctuary Point, Greenwell Point and Bomaderry

· The frequency of conflicts between athletes/sports users and dogs off-leash

· Concerns about the protection of shorebirds and other wildlife in beaches from dogs off-leash

· Uneven distribution of dog off-leash areas

· Hours of off-leash dog areas requiring reconsideration, particularly in light of the current pandemic and the health benefit of exercising

· Consistent disregard for the rules and the public safety concerns of uncontrolled dogs

· Need for increased ranger patrols to address non-compliance

· People becoming aggressive when told that they are disobeying signs.

In addition to the 66 complaints and submissions received, since the resolution of Council, staff have received 148 emails from 3 community members in relation to Narrawallee Beach and images of non-compliance matters including dogs off-leash in prohibited areas / dogs on-leash area, unattended dogs and undisposed dog faeces.

The responses received from community will be reviewed and responded to individually as part of the final report to Council. All correspondence received has been acknowledged and replied to.

Policy Implications

It is anticipated that Council’s Access Areas for Dogs Policy and its Dog Off-Leash Guide will require amendment following the current trials and reviews. The amendment will include, as a minimum, identification of any additional Dog Off-Leash Parks and, potentially, stronger controls for all dog owners exercising their dogs near other users of recreational spaces. Council’s recent decision (MIN20.264) in relation to zero tolerance and imposing fines of detected unregistered dogs, and dog attacks (no matter how minor) will also need to be addressed.

Financial Implications

The establishment of a fenced dog off-leash area at West Street, Greenwell Point requires a budget of $35,500 to be allocated towards the provision of fencing and signage. This can be accommodated from savings within the Community Projects 2019/20 Financial Year Budget.

Supporting Bomaderry Community Inc. in their endeavour to establish Thurgate Oval as a dog off-leash area will require Council’s commitment for the provision of in-kind contributions including site survey, waiver of development fees, rubbish bins, landscaping materials and water supply reticulation.

New signs have been installed at various locations as a result of the Notices of Motion including at Adelaide Street Reserve in Greenwell Point, Paradise Point Park in Sanctuary Point and at Narrawallee Beach. This has amounted to $1,500 which has accommodated by the existing Dog Signage 2019/20 Financial Year Budget.

Risk Implications

The number of Australian households with companion animals, specifically dogs, is growing. Whilst the Companion Animals Act 1998 is the governing legislation around the effective and responsible care and management of companion animals, Council needs to be cognisant of the potential need for additional resources to address any potential increase of conflict.

Strategy and Assets Committee – Tuesday 09 June 2020

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SA20.81 Francis Ryan Reserve - Potential Upgrade of Amenity Block

HPERM Ref: D20/146706

Section: Recreation Community & Culture

Approver: Coralie Bell, Acting Section Manager - Recreation Community & Culture

Reason for Report

To provide estimated costings for the replacement of the amenity block at Francis Ryan Reserve, Sanctuary Point, in accordance with MIN20.33 and proceed to undertaking the design of a new amenities building in consultation with community and current user groups.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Proceed to design for new amenities at Francis Ryan Reserve, Sanctuary Point utilising funds for the project from the 2020/21 Financial Year Budget.

2. Undertake consultation with the community and sporting organisations to ensure the design of the new amenities building meets current and future needs.

3. Incorporate funding for the construction of the new amenities building from loan funding in the 2021/22 Financial Year budget process.

4. Work with relevant agencies, community and sporting organisations to actively advocate for the project and pursue grant funding opportunities

5. Provide a further report back to Council once the design for the new amenities is completed, along with estimate of probable cost.

Options

1. Adopt the recommendation.

Implications: This is consistent with the most recent resolution of Council (MIN20.321) seeking to fund the design and delivery of the amenities building in the budgets for 2020/21 and 2021/22 Financial Years.

The recommendation will ensure that the new amenity building is designed to accommodate the needs of the current user groups and any potential growth forecast within the clubs or other sports.

2. Adopt an alternative recommendation to undertake consultation with the current user groups and report back to Council the proposed design.

Implications: Consultation with the user groups is an important exercise. The recommendation as it stands does incorporate consultation with the user groups; however, the alternative recommendation ensures that the outcome of the consultation is then reported back to Council prior to proceeding to design. This is a more time costly process, however it will allow Council to be aware of the progress of the project and the community’s needs for the site.

Background

At the Strategy and Assets Committee meeting on 21 January 2020, Council considered an update report on the Sanctuary Point District Library. At the meeting, Council resolved to relocate the new library site from Francis Ryan Reserve at the current amenities building location to the corner of Kerry Street and Paradise Beach. In addition, Council resolved to receive a report on the costings to upgrade the amenity building at Francis Ryan Reserve (MIN20.33).

Previous to the resolution to relocate the library site, one of the concepts around locating the new District Library at Francis Ryan Reserve was to amalgamate the new District Library building with new amenities for the sportsground users. With the library site now relocated, there is the need to consider the future of the existing amenities building due to its age and condition.

Francis Ryan Amenity Building - Existing

The existing amenity building at Francis Ryan Reserve was constructed in 1982 with an extension undertaken in 1990. The building contains two change rooms which include 2 standard showers per change room; public toilets containing 3 female cubicles, 1 urinal and 1 male cubicle and 1 unisex accessible toilet; gymnasium; canteen; and storeroom (shown in Figure 1 below).

Figure 1 – Floorplan of Francis Ryan Amenities Building

The building in its entirety is due for replacement in 2032. The condition report for Francis Ryan indicates that the structure of the public amenities is in fair condition with 12 years of remaining life, with the sporting amenities in excellent condition with 32 years of remaining life. Despite this, the internal fit out is in poor condition with the bathroom and kitchen having less than one (1) year of remaining life, repainting is required in the next year, and the change rooms and roof have 3 and 9 years of remaining life respectively.

The sportsground consists of one senior and one junior sized field. There may be the potential to realign the field in a south-westerly direction to achieve a second full sized field, however a survey would need to be completed to confirm this. This will be investigated further.

The existing sportsground currently caters for cricket during summer sporting season with the ground’s primary user being the Bay and Basin Cricket and Shoalhaven Twilight Cricket. During winter sporting season, the sportsground caters for rugby league with the St. Georges Basin Junior League primarily using the grounds and Wreck Bay Seniors League using the ground transiently.

Due to the size and current alignment of the sportsground, it can only accommodate one competition at a time; this is reflected in the current usage of the sportsground. As there is limited capacity to increase usage of the sportsground, there has been no demand to date to upgrade or increase the capacity of the existing amenities building. In addition, Council’s Community Infrastructure Strategic Plan does not identify any upgrades to the sportsground and amenities building; rather, it identifies increasing passive recreation usage at the site. Council has been actively working with the community in regard to upgrades and improvements to the skate park, basketball court and surrounds.

Potential Next Steps – Refurbishment or Knock-down Rebuild

Given the building condition report for the Francis Ryan Reserve amenities it is reasonable to consider the options of refurbishment or knock-down rebuild (status quo or increased capacity).

Refurbishment

Based on the current condition of the building, the internal fit out of the public amenities, change rooms and canteen would need to be completely refurbished, internal and external painting, and roof replacement. As part of the refurbishment, the gymnasium could be fitted out for increased public amenities or, alternatively, two officials’ change rooms which would increase the useability of the sportsground.

Refurbishment of the building would cost an estimated $350,000 to $600,000 depending on the nature of the refurbishment. The significant price range is based on undertaking the minimum amount works (internal fit out of the public amenities, change rooms and canteen, painting and roof replacement only); through to undertaking the minimum amount of works and fit out of official change rooms in the gymnasium fit with one shower and one cubicle with hand basin in each.

Given the age of the building, there are risks of undertaking a refurbishment and the need for upgrades to the building structure sooner than the condition report indicates. Due to the potential cost of refurbishment, knock-down rebuild would be a more cost-effective alternative.

Knock-down Rebuild

The alternative to refurbishment of the existing building would be knock-down rebuild. There must be some consideration of whether the new amenities building would provide a like-for-like structure (status quo), or increased number of public toilets, change rooms and / or official change rooms.

A recent example of a like-for-like amenities building is the Ison Park amenities adjacent to the baseball diamond. This amenities building was constructed in 2014 with a capital value of $720,000. The amenities building includes two change rooms with two showers, one toilet and hand wash basin per change room; public amenities including three female cubicles (including one ambulatory), one urinal and one male ambulatory cubicle, one unisex accessible toilet; two store rooms; and canteen (refer to Figure 2 below). It is likely that a building of similar floor plan will now cost approximately $820,000.

Figure 2 – Floorplan, Ison Park Baseball Amenities Building

A second amenities building was constructed in 2017 at Ison Park which offers double the capacity of the existing amenities at Francis Ryan and Ison Park Baseball amenities. Specifically it includes four change rooms with two standard and one accessible showers, one toilet and hand wash basin per change room; two official changerooms each fit with one standard toilet and one standard and one accessible shower; public amenities including five unisex toilets, one unisex ambulatory toilet, one unisex accessible toilet. There is no canteen / kitchen or storage facilities as part of the design of the new amenities building. Its construction cost was $1,200,000.

A combination of the two examples at Ison Park may be necessary to meet the needs of the user group of Francis Ryan Reserve. However, the design of the new amenities building will need to include gender neutral changerooms (no urinals, all toilets and showers in cubicles) and public toilets in accordance with Council’s adopted position. This ensures that the facility is flexible and designed to be able to accommodate both male and female sports participation.

Determining the design of the new amenities building should be established in consultation with community and sporting organisations on their current and future needs.

A knock down rebuild option offers an opportunity to survey the reserve to clarify whether two senior fields can be accommodated on the site, with the relocation of the amenities on the reserve to facilitate this outcome.

A further report will be brought to a future meeting of Council at completion of the design and investigation process. The report will present recommendations for new the amenities and an estimate of probable cost, prior to seeking tenders to undertake the construction and delivery of the building.

Community Engagement

There has been no community engagement undertaken in relation to the upgrade of the Francis Ryan Reserve amenities building. Recently the Community and Recreation Unit wrote to all sporting groups in the Shoalhaven and Council supervisors regarding needs for their fields and amenities; no correspondence was received from the users of Francis Ryan Reserve.

It is recommended that consultation occur with the community and sporting organisations to ensure the design of the new amenities building meets the current and future needs of the user groups.

Staff will also keep the Sports Board informed about this project, and offer the opportunity for members of the Board to participate in the consultation process.

In addition, the Revitalise Sanctuary Point group are currently working on a masterplan of the village. Consultation with the community group should occur to ensure that the community aspirations align with any future works at Francis Ryan Reserve for the amenity building.

Financial Implications

At Council’s Extra Ordinary Meeting on 5 May 2020, it resolved in part (MIN20.321) to “Give consideration to strategies to fully fund the delivery of this library and a new amenities block on Francis Ryan Reserve in the 2020/21 and 2021/2022 financial year budgets”.

In order to accommodate the full delivery (design and construction) of new amenities at Francis Ryan Reserve, the draft budget for 2020/21 and 2021/22 financial year has incorporated:

· $200,000 from 2020/21 FY budget to undertake the design, associated documentation and relevant planning approvals; and

· $1,200,000 from loan funding in 2021/22 to construct new amenities building.

Depending on the size of the new amenities building, the total cost of the construction may not amount to $1.2M; however, it is necessary to identify the upper limit of the construction for contingency as no site investigations have been undertaken to date. A further report will be brought to Council on the design of the new amenities building with an estimate of probable cost.

As this project is intended to be loan funded, provision for servicing the loan will have to be included in future budgets. Staff will explore opportunities for income generation to assist in offsetting the loan repayments.

Where available, Council staff will work with the community and sporting organisations and relevant Government agencies to actively advocate for the project and pursue grant funding to assist in the design and construction of the new amenities building.

Strategy and Assets Committee – Tuesday 09 June 2020

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SA20.82 Destination Parks

HPERM Ref: D20/60365

Section: Recreation Community & Culture

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

Reason for Report

To seek endorsement of “Destination Parks” as a new category of parks to be incorporated in the Community Infrastructure Strategic Plan; adopt four parks as Destination Parks and adopt the delivery process as in this report.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Adopt the definition of Destination Parks for incorporation into the Community Infrastructure Strategic Plan review.

2. Adopt the three District parks and one Regional park as Destination Parks, including:

a. Boongaree – Berry (District Park)

b. Marriott Park – Nowra (District Park)

c. Huskisson Precinct

a. Voyager Memorial Park (District Park)

b. White Sands Park (Regional Park)

c. Moona Moona Creek (District Park)

d. Mitchell Parade – Mollymook (District Park)

Options

1. Adopt the recommendation.

Implications: The recommendation seeks to establish a new category for “Destination Parks” and identifies four parks within Shoalhaven to be allocated a Destination Park categorisation. Establishing a new category that recognises the status of these four parks has the benefit of enabling appropriate project prioritisation and funding allocation.

2. Adopt an alternative recommendation to retain the current categorisations of parks.

Implications: Maintaining the current categorisations of District and Regional parks will involve a status quo approach and will not provide the necessary parameters required to prioritise works and funding allocation - in particular those that are received from community groups.

Background

Council has hundreds of open space areas under its ownership and / or management. The Shoalhaven Community Infrastructure Strategic Plan (CISP) is the guiding document that drives Council’s Delivery Program for social infrastructure projects. In addition to the identified upgrades, augmentation or new projects identified in the CISP, Council also undertakes various infrastructure projects at the request of community groups. In some cases, this has resulted in some parks including infrastructure items that go beyond the hierarchy of “local”,” “district” or “regional” park, as identified in the CISP.

To ensure that Council is appropriately prioritising new social infrastructure projects and allocating appropriate budgets, it is recommended that a new categorisation of parks be introduced to the CISP of “Destination Parks”. The intent of introducing the new category is to ensure that the planning and delivery of social infrastructure within Council’s open space network is focused on key destinations to address demand.

Destination Parks

This new category in the CISP will be in line with the Shoalhaven Destination Management Plan and the Destination NSW State Destination Management Plan. These parks are deemed to require greater / more regular maintenance than other Local, District or Regional Parks, in line with Council’s Parks Maintenance Schedule. It is anticipated that Destination Parks will be grouped with Precinct Parks as part of Council’s revised Asset Custodian model.

It is proposed that “Destination Parks” be defined as:

The Destination Park offers a unique experience reflecting its geographic location. It is inclusive and open every day of the year. It offers multiple passive and active recreational uses, open spaces, BBQ amenities, inclusive footpaths, inclusive amenities and wayfinding signage. The location offers a great selection of cafes, restaurants, accommodation, shopping and entertainment for both local and traveller. The Destination Park has sufficient space, amenities and parking for events and celebrations.

The criteria for Destination Parks is as follows:

1. Located in a centre with a tourist and retail presence and has clear connections with the CBD / Town Centre / Village Centre to support day and overnight tourist visitation

and / or

Located in an area that has identified urban growth; and

2. Has multiple street frontages, on a main thoroughfare and clearly visibility from the street; and

3. Offers multiple passive and active recreation uses (both formal and informal); and

Statistical Support for Nominated Destination Parks

According to the 2016 Census, Shoalhaven had a population of 101,942^{^[1]}. However, in consideration of the exponential growth of tourism in the Region, visitation to the Shoalhaven continues to grow, with 1.45 million domestic overnight visitors recorded in 2016 – an increase of 8% year on year. These visitors account for a massive 4.5 million visitor nights during the year^{^[2]}.

Council’s general visitation statistics for 2019 inform us that:

· domestic visits increased almost 34% between 2014 and 2019 and international visits increased by almost 72%

· 31% of international visitors were aged 15-29

· There were more domestic visitors aged 15-29 than any other demographic

· Adult couples were the most common travel party

· Although the average length of stay for domestic visitors was just over 3 days, 61% of visits to the Shoalhaven in 2019 were day trips.

Acknowledging the geographical make up and visitation patterns in the Region, it is recommended that at least one Destination Park is located in the North, Central, Bay and Basin, and South Shoalhaven areas. The remainder of this report details the consideration taken into selecting the “Destination Park” for each area of Shoalhaven.

Northern Shoalhaven - Berry

Berry is already a long-established destination township for many visitors from beyond the Shoalhaven. It attracts visitors because of its historic interest, visual attractiveness, compactness, variety of shops, cafes, restaurants, hotels, passive recreation spaces and its close proximity to the Princes Highway. Berry also has many significant events which attract a wide variety of visitors from significant distances by both vehicle and train. The township has a full-service train station for locals and visitors.

Berry is within twenty minutes travel time of Nowra, Shoalhaven Heads and Kangaroo Valley - and Council’s Community Infrastructure Strategic Plan (CISP) identifies that Planning Area 1 residents “are already travelling twenty minutes or more to a recreation park”. In 2015 (Shoalhaven SA2 Profile) 63% of Berry visitors were over the age of 40. While 85% of Berry’s residents are over the age of 15 years, the residential subdivisions to the south west of the township are expected to bring younger families to Berry.

Boongaree is located on the northern side of Berry, and because of the compact nature of the township, is easily accessible from both north and south. In addition, accessibility to Boongaree will be enhanced for all users when the Braille trail (this provides an accessible access for the blind) from the railway station is completed. Planning for Boongaree includes ensuring that there will be adequate parking for all its users.

Central Shoalhaven - Nowra

Marriott Park has similar locational advantages to Boongaree. Although much less established as a destination to visitors from beyond the Shoalhaven than Berry, Marriott Park is part of the Nowra City centre and is therefore close to its variety of accommodations (including the recent Quest apartments) and to the town’s shops and services. While Marriott Park is located on the Princes Highway and has street access on three sides, it has an understated appearance.

RMS has plans for future road widening adjacent to Marriott Park which will increase its exposure to passers-by. In addition, Marriott Park is the subject of a completed Masterplan and the Masterplan includes the Shoalhaven’s second inclusive play space, which is the result of a Variety Livvi’s Place Design Grant. The new Play Space can be expected to increase the appeal of Marriott Park as a recreational space substantially.

There is already ample parking adjacent to Marriott Park, but the Masterplan includes additional off-street parking. In addition, Council has already completed a Community Survey of preferences for the park and behaviour mapping (of pedestrian movements) for the completed Marriott Park Landscape Master Plan. Analysis of the public transport network provided key background information for the Masterplan and a new amenities block is a key component of the Masterplan.

The demographic data gathered by Variety indicates a high dependence on private transport in regional NSW and a slightly lower median age in Nowra centre than in the wider Shoalhaven. (This is supported by the Shoalhaven SA2 Profile of 2015, which indicates that the proportion of over 40’s is less than in Berry and that 26% of the Nowra centre population is aged under 29).

In addition, Council’s Strategic Planning Section are currently working on amending the Shoalhaven DCP 2014 to enable increased housing density on the western fringe of the city centre and it can be anticipated that since no additional recreational space is proposed in that immediate locality, the resultant increase in city centre population, will increase demand for quality local recreational space such as Marriott Park.

Bay and Basin - Huskisson Precinct

Council’s CISP identifies that Vincentia and St Georges Basin are expected to accommodate 70% of Planning Area 3 growth to the year 2036. It further suggests that upgrading the quality of the Shoalhaven’s foreshore parks will have the effect of creating high quality “destination parks”.

Huskisson has long been one of the most popular tourist destinations in the Shoalhaven, similar in status and in wider recognition to Forster/Tuncurry on the state’s Mid-North Coast. Although located well off the Princes Highway, the Huskisson Precinct has attracted visitors from Sydney and Canberra for many decades and its location is known to many people from well beyond the Shoalhaven. Its outstanding setting and its real estate prices reflect its status and popular appeal.

Voyager Memorial Park currently has District status, while White Sands Park has Regional status and significance. White Sands Park plays host to a regionally significant annual Triathlon. Its high status is reinforced by the fact that a new Masterplan has been created to realign pathways through White Sands Park to create a new stage and seating area for outdoor concerts.

This location has a similar proportion of retiree residents to Berry, but the Huskisson Precinct has a large camping area and a separate quality holiday cabin development close to the shopping village, catering for visitors of all ages. It is also experiencing a boom in holiday apartment accommodation development. Its attractions include good restaurants and cafes, a large, recently extended hotel, a club, surf and boating shops and a movie theatre. In addition, it is already a popular destination for overseas travellers and has well-established whale and dolphin cruises.

There have been requests from the local community to include Plantation Point, instead of the Huskisson Precinct, as the location for a Destination Park in the Bay and Basin area. Whilst investigation and consideration was given to this site, it is recommended that this park remain a District Park, as it does not meet criteria 1 and 2 for Destination Parks as described in this report. Within the ‘District Park’ definition, Plantation Point has received a number of embellishments in the last three years and will receive further infrastructure upgrades as a result of budget allocations and grant funding, these include new amenity building including lift and change facility, new liberty swing, new playground, benches, picnic tables, covered shelters, signage, improved and new pathways, and accessible beach access which will deliver on the current Plan of Management and Landscape Plan. It is proposed to complete these works before further reviewing and updating the plan for Plantation Point Reserve.

Southern Shoalhaven - Mollymook

Milton has been an important south coast commercial centre since the late nineteenth century and Mollymook’s stunning beach, located near to Milton, has been a tourist destination for at least six decades.

Mollymook Beach Reserve has been recommended for elevation to Destination Park status instead of the already-identified regional recreational park at Ulladulla Rotary Park around Ulladulla Rock Pool, because the latter has far less visibility, ease of access and parking provision. The large Mollymook Beach Reserve is adjacent to Mollymook Beach and has traditionally been the most well-known and visited beach in the Shoalhaven.

There are plentiful and varied clubs, restaurants, cafes, wineries, night-time entertainments and accommodation types in the neighbourhood. Importantly, the Park has great potential for accommodating further recreational embellishments. The proportion of over 40’s and over 50’s in this location is less than in Berry and roughly equivalent to those in Nowra centre and in Callala Bay.

Community Engagement

Extensive Community engagement for all social infrastructure as well as the development of the CISP has informed this report. Community have identified that a “Destination Park” status will bring more people into the region as well as assist with identifying further grant funding for future embellishments.

Several communities have approached Council with hopes for a larger scale “Destination Park” in their area after the success of Mollymook, and grant success for Berry. Adding some definition to a “Destination Park” will set some guidelines and help manage community expectations, as well as assisting staff with priorities going forward.

Financial Implications

By prioritising the four parks and giving them “destination”, it is anticipated that this will improve opportunities for promotion of their specific locations and the wider Shoalhaven. Additional visitation will create greater opportunities for accommodation providers and will increase Shoalhaven area spending and multiplier effects. Identifying these parks as “destination” parks could potentially offer up further grant opportunities as they target additional visitation from outside the Shoalhaven LGA.

The infrastructure improvement and works will be rolled out as per the long term financial plan, grant funding applications will be sought to assist with their continued development and new budget bids, where required, will be submitted as part of the annual budget process to enable strategic plans to be implemented.

Strategy and Assets Committee – Tuesday 09 June 2020

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SA20.83 Mayoral Minute - Acknowledgements for the Kingiman and Bomaderry Fires - Allan Tully Appeal - Funds voted - Commemorative Plaque (Allan Tull / David Black) - Community picnic day - Fees waived - Update

HPERM Ref: D19/358567

Section: Recreation Community & Culture

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

Attachments: 1. 3D Obelisk Layout Ulladulla Civic Centre ⇩

2. Obelisk - Specification - Ulladulla Civic Centre ⇩

Reason for Report

To provide Council with an update of the actions taken to implement this Mayoral Minute.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Accept this report for information as an update on MIN18.667

2. Agree in principle:

a. To the installation of a Memorial Obelisk, as opposed to a plaque, to commemorate the lives of Fixed Wing Pilot David Black and Helicopter Pilot Allan Tull.

b. That the Obelisk should also be a memorial for those lives lost by SES, RFS, Police, Marine Rescue, Emergency Medical Services, Surf Lifeguards and other Emergency Services personnel, paid or unpaid, whilst performing their duties in protecting the community and environment.

c. That the Memorial Obelisk be installed at the Ulladulla Civic Centre and staff continue to work with the local community to bring this project to fruition.

3. Accept the $10,000 in grant funding from the Stronger Communities Programme (Round 5) for the construction of this obelisk.

4. Agree to fund an amount up to $7,000 from existing Community & Recreation budget allocations to complete the installation of the Memorial Obelisk at the Ulladulla Civic Centre grounds – noting that funds are continuing to be sourced through a community driven ‘Go Fund Me’ initiative and private donations.

Options

Option 1: Accept the resolution above as written.

Implications:

· Staff will continue to work with the community to install the obelisk

· This is in line with community wishes and expectations.

Option 2:

1. Accept this report for information as an update on MIN18.667

2. Do not agree to the installation of a Memorial Obelisk, and instead, reaffirm previous resolution of Council – point 4 of MIN18.667 previous resolution.

i. Arrange for a suitable plaque to be raised to commemorate the lives of Fixed Wing Pilot David Black and Helicopter Pilot Allan Tull and with the aid of the community find a location that is fitting for it.

Implications:

· A Plaque would be installed at a suitable location in consultation with community

· This would commemorate the lives of Fixed Wing Pilot David Black and Helicopter Pilot Allan Tull, but not the broader lives lost as the community have requested

· This is not in line with the current community request for an Obelisk.

Background

In response to bushfires in the Shoalhaven in August 2018 and the death of Allan “Tully” Tull whilst fighting this fire, it was resolved that Council:

MIN18.667

1. Acknowledges the ultimate sacrifice given by Allan “Tully” Tull in fighting the Kingiman Fires in Milton and send the deepest condolences to Tully’s family and to all of those who called him a friend and colleague.

2. Contribute a donation of $2,500 from the unallocated donations budget, and note that a Mayoral Appeal has been opened to collect financial donations for Tully, in response to calls from Jill Blackler and many others within the Milton Ulladulla Community

3. Thanks and acknowledges all the work that has been undertaken by volunteers and paid staff alike across the district during this very trying time.

4. Arrange for a suitable plaque to be raised to commemorate the lives of Fixed Wing Pilot David Black and Helicopter Pilot Allan Tull and with the aid of the community find a location that is fitting for it.

5. Hold a community picnic day of “Commemoration, Celebration and Commiseration” to be held at Milton Showgrounds at a future date and ensure that no fees are charged to community organisations for the event.

6. Acknowledge the staff that assisted the elected officials and emergency services staff on the day.

Update for Council

This report is to update Council on the resolution and below are the actions that have been completed to date.

Shortly after the Council meeting, Tully’s family were advised of the resolution and formal condolences were passed on as requested.

2. Contribute a donation of $2,500 from the unallocated donations budget and note that a Mayoral Appeal has been opened to collect financial donations for Tully, in response to calls from Jill Blackler and many others within the Milton Ulladulla Community.

The Governance Team paid the contribution from the Unallocated Donations Vote of $2,500 in September 2018 as per the resolution.

The Mayoral Appeal raised $11,458.44 (this includes interest earnt) and this was reported to Council at the Mayor’s Relief Fund Meeting on 5 February 2019 (D19/35386). Councillors will recall that the Mayoral Minute resolved:

“That the funds collected ($11,421.55) for the Bushfire Helicopter Pilot Family Appeal be allocated to the family of Allan Tull, subject to legal clarification by the General Manager”.

Legal clarification has enabled the Mayoral Appeal funds to be transferred to the family of Allan Tull.

3. Thanks and acknowledges all the work that has been undertaken by volunteers and paid staff alike across the district during this very trying time.

A media releases and articles in the e-news where sent by Council thanking volunteers for their service. The Mayor also directly passed on thanks to a number of community members.

Council was contacted in late 2018 by Sandra Lanham, a local Ulladulla resident, regarding a Memorial Obelisk, with appropriate plaques, to be placed at the Ulladulla Civic Centre to commemorate and honour the lives of Allan Tull and David Black. It was also requested that it includes those lives lost by SES, RFS, Police, Marine Rescue, Emergency Medical Services, Surf Lifeguards and other Emergency Services personnel, paid or unpaid, whilst performing their duties in protecting the community and environment. It will allow the community to be able to show their respect and gratitude to those who have lost their lives performing the above duties, and in addition benefit their families by honouring and commemorating the sacrifice that their loved ones made, in protecting the community.

Since early 2019 Sandra has been working with staff from Shoalhaven City Council to progress this project. Sandra has also been working with many members of the community, including the local police, Rural Fire Service, Rotary Club of Milton-Ulladulla, Ulladulla & Districts Forum, local clubs and media.

At The Ulladulla and Districts Community Forum on Monday 4 March 2019 a motion was passed that “The Ulladulla and Districts Community Forum gives in principle support for the erection of a stone memorial in the grounds of the Civic Centre, recognising those that have lost their lives whilst in voluntary service to our community during times of emergency.” This was passed unanimously with approximately 100 people in attendance.

There are concept plans and designs for the obelisk, which has been estimated to cost approximately $17,000, and a suitable location on the Ulladulla Civic Centre grounds has also been identified.

To date Council has received $10,000 in grant funding from the Stronger Communities Programme (Round 5) for the construction of this obelisk. In addition, Sandra has set up a ‘Go Fund Me’ page which to date has raised $1,463. There have also been several donations from private individuals, which will cover the shortfall of funds, allowing this project to be completed.

It is recommended that Council agree in principle to the installation of an obelisk on the Ulladulla Civic Centre grounds and fund an amount up to $7,000 from existing Community & Recreation budget allocations to complete the installation of the Memorial Obelisk at the Ulladulla Civic Centre grounds – noting that funds are continuing to be sourced through a community driven ‘Go Fund Me’ initiative.

5. Hold a community picnic day of “Commemoration, Celebration and Commiseration” to be held at Milton Showgrounds at a future date and ensure that no fees are charged to community organisations for the event.

This will be held after the obelisk has been installed and is therefore still not completed.

Strategy and Assets Committee – Tuesday 09 June 2020

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SA20.84 Shoalhaven Swim, Sport & Fitness - Progressive Reintroduction of Services as COVID-19 Restrictions Ease

HPERM Ref: D20/193640

Section: Recreation Community & Culture

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

Reason for Report

To provide details of the reintroduction of a range of services at Swim Sport and Fitness facilities across the City and how this will be managed on a staged basis in line with the gradual easing and lifting of COVID-19 restrictions, and advise Council on the works that have been undertaken during the COVID-19 close down period.

Recommendation (Item to be determined under delegated authority)

That:

1. Council reintroduce public access to gyms and café facilities on 13 June 2020 when restrictions ease.

2. Council reintroduce modified programs to be delivered at Councils Swim Sport and Fitness facilities at:

· Bomaderry Aquatic Centre

· Bay & Basin Leisure Centre

· Sussex Inlet Aquatic Centre

· Ulladulla Leisure Centre

· Nowra Aquatic Park

· Shoalhaven Indoor Sports Centre

3. Council reintroduce further programming as restrictions ease in line with social distancing guidelines.

Options

1. As recommended.

Implications:

a) Progressively reintroduces a range of services and programs to the community in in a cost effective manner

b) Some restrictions still apply, and as new advice is received on the easing of these restriction the changes to our operations will occur in line with this

c) Details the works undertaken during the COVID-19 close down period

d) As restrictions ease, comprehensive risk assessments will be undertaken to reflect the latest Government advice

2. Council provide an alternate option.

Background

With the recent lifting of COVID-19 restrictions regarding use of outdoor pools and more recently indoor pools, gyms, café services, and indoor sports centres, Council is now presented with an opportunity to reintroduce modified programs and services at a range of our facilities. From 13 June 2020, the following will be allowed:

· Fitness, gymnasiums, pilates, yoga and dance studios can reopen with up to ten people per class and 100 people in an indoor venue

· Community centres, including their recreational facilities, can reopen

· Some indoor recreational facilities, including pools and saunas, can also reopen with restricted numbers

As of Wednesday 3 June 2020, Council had received only preliminary advice via media release from the State Government, indicating that a further easing of restrictions (allowing for use of indoor swimming pools, café / retail services and gym facilities) will take effect from Saturday 13 June 2020. As of the time of writing, Council is awaiting issue of formal NSW Public Health Orders detailing the precise level of restrictions.

In response to this staff have developed comprehensive COVID strategies in line with State Government requirements for social distancing, to implement modified programs, access to indoor facilities, and café/retail service delivery in order to safely re-engage with the community.

As a consequence Council’s indoor facilities are scheduled to reopen on Saturday 13 June 2020 at the following locations:

· Bomaderry Aquatic Centre - 25 metre indoor pool opens in addition to the 50m outdoor pool which has been operational since 15 May 2020

· Bay & Basin Leisure Centre

· Nowra Aquatic Park - extended Café services in addition to the 50m outdoor pool which has been operational since 22 May 2020

· Sussex Inlet Aquatic Centre

· Ulladulla Leisure Centre

· Shoalhaven Indoor Sports – with modified services

· Sea pools at Huskisson and Ulladulla which have been operational since 15 May 2020

General Aquatic Services and Aquatic Fitness Classes

Staff are and will continue to ensure that the current advice regarding maximum venue occupancies, social distancing and restrictions on activities is adhered to:

· 1.5m physical distance or 4 metre square per person – whichever is lesser

· Programs and services will be scheduled in a manner that keeps people segregated from each other as much as possible

· Maximum of 100 person facility capacity

· Queuing strategies and pathways of travel in place via floor markings and signage

· Adequate and readily accessible supply of hand soap, hand sanitiser

As further restrictions are lifted, modified programs and services are scheduled to be brought back online in a greater capacity.

Reintroduction of Gym Facilities

· 100 person maximum in the entire facility

· 10 people maximum per fitness class, indoor / outdoor

· Social distancing maintained:

o Signage

o Spacing of equipment to support 1.5 metres of physical distance

o One customer per 4.0 square metres of space on gym floor

· Hand sanitising stations located at entry to gym and on gym floor

· Sanitising wipes available for patrons to clean down machine after each use

Reintroduction of Café Services

· 100 person maximum in the entire facility

· 50 customers per separate food / drink area, or, one customer per 4.0 square metres of space, whichever is lesser

· Social distancing maintained:

o Signage

o Spacing of café tables indoors to support 1.5 metres of physical distance

o Outdoor seating available

o Separate service areas for ordering and collection

· Hand sanitising stations located throughout café area, and at Point of Sale

· Clean frequently used areas several times per day or after each use

Reintroduction of Creche Services

In line with the reopening of gym facilities and modified fitness classes, both Ulladulla Leisure Centre and Bay & Basin Leisure Centre have the opportunity to reintroduce creche services. This will be in a modified capacity.

Reintroduction of Learn to Swim and Squad Programs

At the time of writing, Council has not received any advice from State Government on the status of resuming Learn to Swim Programs in any capacity. Despite this, Council’s Shoalhaven Swim Sport Fitness Unit has programmed to reintroduce a modified Learn to Swim Program within its indoor aquatic facilities when restrictions allow.

It is proposed that Squad Programs will resume from Monday 15 June 2020. To comply with the current restrictions, reintroduction of the Squad Programs is intended to be delivered in a modified format, where session capacity is based on the number of lanes available at each location, as outlined in Table 1:

Table 1 - Squad – Modified Program Capacity
Location		Max Participants per Session
Bomaderry Aquatic Centre		6
Bay & Basin Leisure Centre		8
Sussex Inlet Aquatic Centre		6
Ulladulla Leisure Centre		8
Notes:	· Reduced session length of one hour · Mixed ability sessions for all Squad Levels · Maximum capacity based on number of lanes available

As restrictions are eased further, staff will increase the capacity per session to allow for increased participation.

Shoalhaven Indoor Sports Centre

The Centre will be open for limited casual use with reduced hours of operation. This will include modified programs and services in line with current guidelines and reviewed as further restrictions are lifted in regard to indoor recreation centres and community sport.

COVID-19 Facility Closures – Maintenance Undertaken

Staff have utilised the closure period to bring forward essential maintenance that would have otherwise required a full facility shutdown to complete.

Table 2 – Major Maintenance Completed

Nowra Aquatic Park

All pumps and motors serviced

Pool deck bench seats sanded back and re-painted

Major service of 50m filters

Major 50m Pool maintenance

· Pool drained, pressure cleaned, refilled

· Broken pool tiles replaced

· Expansion seals replaced

· Welding - Handrails repaired

Bomaderry Aquatic Centre

25m pool solar system replaced

25m pool roof repaired

All pumps and motors serviced

50m pump impeller replaced

Ulladulla Leisure Centre

Window tinting in pool hall and cafe

Changing Places Changeroom construction

25m pool grout lines repaired

All pumps and motors serviced

Major service 25m filters

Bay and Basin Leisure Centre

All pumps and motors serviced

Repair Air Handling system

Repainted 25m pool hall

Sussex Inlet

25m solar replaced

UV system upgrade

Redeployed permanent staff (full time and part time) from the Shoalhaven Indoor Sports Centre have been undertaking facility maintenance at Nowra Aquatic Park and Bomaderry Aquatic Centre during the closure, in order to maintain meaningful duties once facilities closed to the public and provide these staff with a professional development opportunity to broaden their skill set/experience.

Community Engagement

During the COVID-19 close-down period SSSF have reached out to our members and patron using social media. This is a snapshot of some of the activities that have been provided over this time:

· 47 group fitness classes held via Facebook Live over the last 9 weeks - accumulating 95,000 views. Average viewership of over 2k per class

· Best performing class: 30 min Tabata Workout with 6.5k views and a reach of 15,681 which significantly impacts our brand awareness

· 6x 'How-To' instructional videos educating our community on form and technique in the gym received excellent feedback via post comments, shares and reactions, and reached a total audience of 14.5k on Facebook.

· We have achieved the highest engagement on our Ulladulla and Bay & Basin Leisure Centre pages during the shutdown - reaching both a local and international audience.

As restrictions progressively ease, all communications will be conducted in line with NSW Government messaging as per Government Gazette No 99 and NSW Public Health Orders dated 30 May 2020 – “Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 3) 2020”.

With the reintroduction of Shoalhaven Swim Sport Fitness’ programs and services, the following communications will be issued:

· Member, Squad and LTS family communications:

o Correspondence will be sent via e-blast emails from LINKS Modular Solutions

o Virtual meeting / information session to be scheduled with Squad families via Zoom software

o All communication and correspondence will direct customers to the Unit’s web site - shoalhavenssf.com.au - where they will find consolidated, detailed information and links to NSW Health Advice

· Facebook and Instagram accounts will be kept up-to-date with latest information / advice

· Printed materials:

o Staged reopening poster – based on latest COVID-19 advice from NSW Health

o Frequently Asked Questions (FAQ) sheets for customers regarding reopening restrictions

· Lane / pool hire bookings will not be available while social distancing and restrictions on outdoor gatherings are in place

Policy Implications

Reintroduction of Squad Programs, gym access and café services is aligned with:

· Shoalhaven City Council’s Water Safety Policy – POL16/220

· Royal Lifesaving Australia (RLSSA) Guidelines for Safe Pool Operations

· Fitness Australia Framework for Safely Operating a Fitness Facility Under COVID-19 Restrictions

· ASCTA Swim Australia Best Practices for Restarting Swim Schools & Learn to Swim

· Department of Health COVID safe Plan (Restaurant & Café Services)

· Food Standards Australia & New Zealand - COVID-19 and Food Safety Guidelines

Financial Implications

Prior to COVID-19, the annual Shoalhaven Swim Sport & Fitness Budget was developed to deliver access programs and services to the community. The Budget includes a subsidy to operate in order to provide essential community services.

During the initial period of re-opening, it is not unreasonable to assume that these services will not meet Budget while operating under restrictions. However, it is anticipated that, as restrictions continue to ease, providing opportunities for increased income, the financial outcome will revert to a position that is closer to the original Budget. This will occur as further services are either introduced or able to be delivered with less restrictions, therefore, reducing Council’s overall cost to operate.

Learn to Swim and Squad Programs, for example, are important as they both form a key part of business as well as being a critical community service. Income generated from Learn to Swim and Squad Programs creates a significant income stream, making up 31% of overall income for Shoalhaven Swim Sport Fitness, equating to $1,115,000 annually.

The performance of Shoalhaven Swim, Sport and Fitness will be reported through the quarterly budget review process, and any recommended changes identified.

Risk Implications

Staff have reviewed the current procedures and are introducing modified cleaning regimes and COVID Safe operating checklists, along with additional signage and staff training.

Risk Assessments have been undertaken for all facilities proposed for reopening, to reflect relevant industry best practice along with the latest COVID-19 advice from NSW Health and Government Gazette No 99, in delivery of:

· Squad Programs

· Health & Fitness

· General Swimming

· Café / Retail Services

Strategy and Assets Committee – Tuesday 09 June 2020

Page 0

SA20.86 March 2020 Quarterly Budget Review

HPERM Ref: D20/204355

Section: Finance

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

Attachments: 1. March 2020 Quarterly Budget Report (under separate cover) ⇨

2. March 2020 Quarterly Budget Review Statement (under separate cover) ⇨

Reason for Report

In accordance with Regulation 203(1) of the Local Government (General) Regulation (2005), the responsible accounting officer must prepare and submit to Council a budget review statement after the end of each quarter. This has been carried out for the third quarter of the 2019/20 financial year.

Recommendation

That Council:

1. Receive the March Quarterly Budget Review Report.

2. Adopt the adjustments, as outlined in the March Quarterly Budget Review document.

3. Approve the projects being carried forward to 2020/2021 financial year

4. Note that the net impact of Council’s response to and recovery from the Currowan bushfire, the flood event and COVID-19 is currently at $3.9M. out of which, $3.2M is included in proposed budget adjustments to the general fund.

5. It is recommended for the Council to assess any savings achieved in completed projects at year end and to use these funds to replenish working capital to offset the unfavourable impact of $3.2M budget adjustment reporting at this Review with this assessment to be undertaken as a part of June Quarterly Budget Review.

6. Future quarterly budget reviews will provide updated information as it becomes available, along with the necessary adjustments for the full financial impact of these disasters to be recognised.

Options

1. Adopt the recommendation

Implications: Nil

2. Adopt an alternate recommendation

Implications: Staff will need to rework the quarterly budget review in accordance with the alternative resolution.

Quarterly Budget Review

Section 404 of the Local Government Act 1993 requires the General Manager (Chief Executive Officer) to provide progress reports to the Council with respect to the principal activities detailed in the Delivery Program (Operational Plan) at least every 6 months. Furthermore, all Councils must continue to consider a Quarterly Budget Review report.

Clause 203 of the Local Government (General) Regulation 2005 requires the Responsible Accounting Officer (Chief Financial Officer) to prepare and submit to the Council a Quarterly Budget Review Statement that shows, by reference to the estimates of income and expenditure set out in the Operational Plan, a revised estimate of the income and expenditure for the full financial year.

The Responsible Accounting Officer is also required to report as to whether or not they believe the financial position of the Council is satisfactory, having regard to the original estimate of income and expenditure.

The March 2020 Quarterly Budget Report and Quarterly Budget Review Statement (QBRS) include an analysis of the year to date result and the reasons for the major variances from the previously adopted Budget.

The March 2020 Quarterly Budget Report also provides budgetary details for each fund and group and commentary on progress against the budget. Any proposed changes to the budget are included in the attached March Quarterly Budget Review Statement.

Disaster / Pandemic Relief and Recovery – Financial Impact Update

Shoalhaven City Council continues to deal with the impact of two natural disasters and COVID-19 Pandemic all in this current financial year.

As reported in the December Quarterly Review Report, the Currowan Bushfire had immediate financial impacts for Council, along with the continued recovery and reconstruction efforts. The bushfire has had a significant negative impact on user charges and fees revenue collected by the General Fund - in particular, Holiday Haven Tourist Parks revenue. There are also costs that Council incurred during the time of the fire that we are not able to claim.

The second natural disaster was the flood event starting on 9 February. Whilst the rain from this event ensured that the Currowan fire was extinguished, our road infrastructure was damaged, including the scouring of roads, washing out of drains and landslips. Emergency work was completed to ensure the safety of Council’s roads with remediation works of the scouring and drains following. The initial emergency response (category 1) and disaster relief restorations (category 2) have been completed, with the claims to be processed. Other disaster relief (category 3) restoration projects have been submitted and Council is waiting on funding approval.

The COVID-19 pandemic has seen Council businesses temporary close, staff working from home and the organisation adjusting to new ways of doing business. The major financial impact has been on our Council businesses with little or no income being received. The financial impact reported below is the estimate of the net cost that is expected to occur for this financial year. Some businesses are expecting to remain closed, whilst others may open, either fully or with restrictions.

At the Ordinary Meeting of Council, held on 26 May 2020, Council resolved to provide financial relief for ratepayers. The financial analysis of this relief was performed with consideration of the current known net costs incurred by Council. The situation remains fluid and management closely monitors financial performance of the organisation with any proposed adjustments reported to the Council during quarterly budget reviews or sooner should circumstance require.

Despite the COVID-19 pandemic, Bushfire Recovery activity continues at a steady and impressive pace. All demolition and clearance work being conducted by the State Government’s contractor, Laing O’Rourke, is assured by this Tier One contractor to be compliant with all preventative and protective measures being imposed by Federal and State Government.

All Council-led Recovery activities are responsive to, and compliant with, public gathering restrictions, suspension of business and commercial operations, travel advisories and precautions in force. Shoalhaven Council’s Business Continuity Team under the chair of the Chief Executive Officer remains actively engaged and focussed on maintaining compliance with COVID-19 restrictions and will do so for the foreseeable future.

Financial Implications

Council staff have worked closely with our insurers, State and Federal Government agencies to recover whatever costs we can through insurance claims, section 44 Natural Disaster provisions, disaster recovery funding and grants. Unfortunately, not all the expenditure or forgone income can be recovered due to insurance claims limits and specific types of expenditures that can be claimed under Disaster Recovery Funding Arrangement.

The March Quarterly Budget Review process has identified some operational savings that can be used to offset the forgone income and additional costs. These operational savings have arisen due to a freeze on filling vacant positions during the COVID-19 pandemic, training and conference funding not being spent during this time and reduced fuel costs due to staff not travelling.

Future quarterly budget reviews will provide updated information as it becomes available, along with the necessary adjustments for the full financial impact of these disasters to be recognised.

Below is a summary table estimating the financial implication for the three events. It is important for the Councillors to note that this represents the impact for what has occurred to the date of writing this report and there are still funding applications for asset remediation works awaiting approval from the relevant funding bodies. The full extent will not be known until the COVID-19 pandemic is over or has settled. In addition, a summary below outlines financial implication that can be measured and estimated.

The estimation outlined below does not include indirect costs including disruptions to economic activity in the region and increase of unemployment rate leading to potential decrease in Council’s revenue and other intangible costs associated with the damage to social wellbeing and the natural environment.

Impact on Operational Expenses and Revenue
	Currowan Fire	Flood Event	COVID-19	Total
Loss of Revenue
Tourist Parks	3,140,000	50,000	2,842,924	6,032,924
Cemeteries	15,000		50,000	65,000
Swim, Sport and Fitness			1,040,046	1,040,046
Entertainment Centre			453,257	453,257
Room and Venue Hire			49,000	49,000
Rental			145,088	145,088
Libraries			103,458	103,458
Fee Waivers	66,899			66,899
	3,221,899	50,000	4,683,772	7,955,672

Operating Cost
Section 44 expenses	2,319,016			2,319,016
Emergency Repairs	758,661	546,853		1,305,514
Reconstruction	365,260	269,330		634,590
Council funded costs	491,480			491,480
Dept Justice / Office Emergency Management	70,636			70,636
Facility closures	(100,000)	(5,000)	(1,832,466)	(1,937,466)
	3,905,053	811,183	(1,832,466)	2,883,770

Additional repairs and works to be funded from grants and other external funding
Disaster Assistance Rebuild
Toomboolomobah Bridge	472,056			472,056
Wheelbarrow Rd Bridge	199,348			199,348
School Creek Bridge	674,393			674,393
Yerriyong Bridge	43,996			43,996
Road asset data collection	149,210			149,210
	1,539,002			1,539,002

Total Expected Cost	8,665,954	861,183	2,851,306	12,378,444

Amount Expected to Recover
Bushfire recovery phase funding (DRFA)	758,661	546,853		1,305,514
Bushfire reconstruction phase funding (DRFA)	365,260	269,330		634,590
Dept Justice / Office Emergency Management Claim (est.)	70,636			70,636
Insurance Claim (est.)	1,700,000			1,700,000
Section 44 Claim (est.)	2,154,610			2,154,610
Disaster Assistance Rebuild	1,539,002			1,539,002

Operational Savings Identified			1,067,756	1,067,756

Total Expected Recovery and Savings	6,588,169	816,183	1,067,756	8,472,108

Net Cost	2,077,785	45,000	1,783,550	3,906,336

The March Quarterly Budget Review recommends the following to reflect the impact of these disasters:

1. Income reduction of $7.9M (unfavourable): for Holiday Haven $6M, Cemeteries $65k, Swim, Sport and Fitness $1.04M, Shoalhaven Entertainment Centre $453k, Venue Hire $49k, Rentals $145k and Libraries $103k.

2. Expenditure reduction of $1.9M (favourable): for Holiday Haven $1.15M, Swim, Sport and Fitness $611k and Shoalhaven Entertainment Centre $174k.

3. Recognition of the expected insurance claim for Holiday Haven business interruption $1.7M (favourable).

4. Operational Savings Identified $1.07M (favourable)

The net impact of budget adjustments as outlined above is a $3.2M (unfavourable) variance in the general fund budget.

The remaining cost of natural disasters and pandemic of $700k ($3.9M estimated total cost less proposed budget adjustment of $3.2M) mainly relates to hazard reduction activities ($125K) and indirect costs associated with bushfires ($325k) such as overtime incurred by Customer Service, Communications, Rates and Revenue, IT, etc. these costs were absorbed by the existing budgets of the relevant units and at this stage, do not require budget adjustments. In addition, $140k of Natural Disaster bridge reconstruction program shortfall was funded by the untied bushfire recovery grant.

Council has a few options to address the $3.2M net impact of proposed budget adjustment that reflects impact of bushfires, floods and COVID-19 pandemic.

Option 1

Council can draw down on unrestricted cash to fund $3.2M general fund deficit. This will reduce working funds and Council’s budget for this year will no longer be balanced, i.e., Council moves forward to June year end with a deficit budget. This means that Council’s closing working capital balance (or funds available for continency event such as we have experienced) will be $3.2M lower than at the beginning of this financial year – BUT still considered to be at an acceptable level.

It is important for the Councillors to note that even though working capital and unrestricted cash are forecast to remain at an acceptable level, such a significant decrease in unrestricted cash naturally increases liquidity risk. This risk has also increased due to the COVID-19 pandemic when it is impossible to predict when Council’s cash generating businesses, such as Holiday Haven Tourist Parks, will return to pre-disaster events levels.

Option 2

Council can fund $3.2M deficit of general fund by drawing down funds from Internal Reserves that are not committed to fund employee provisions or any specific capital projects for the next couple of years. Potential suitable internal reserves are the Property Reserve and Industrial Land Development Reserve.

Option 3 (Recommended)

It is recommended for the Council to assess savings achieved in completed projects at year end and to use these funds to replenish working capital. This assessment to be undertaken as a part of June Quarterly Budget Review.

General Fund Budget and Quarterly Review Movements

The net operating result before capital grants and contributions of the General Fund as at the March 2020 QBR was a surplus of $15.1M, a $817k unfavourable variance to the year to date adopted budget of $15.9M surplus. This is 5% unfavourable year to date variance, largely driven by reduced income from Holiday Haven as a result of the Currowan bushfire.

The 2019/20 current budget adopted by Council forecasted an operating deficit before Capital Grants and Contributions of $13.8M, and a reduction in cash and investments of $34.5M.

The following table presents a high-level summary of the budget and movements for the General Fund for 2019/20.

$'000	Original Budget	Current Adopted Budget	March QR Adjustments	March QR Proposed Budget	March Actuals
Operating Result	18,024	16,870	(2,871)	13,999	25,881
Operating Result before Capital Grants and Contributions	(3,209)	(13,813)	(662)	(14,475)	15,129
Net Cash & Investments Movement	(2,000)	(34,492)	3,560	(30,932)	(4,689)
Unrestricted Cash Movement	(0)	(50)	(3,402)	(3,452)	2,736

The main contributing factor for the change to the operating result is a decrease in the forecast for capital grants due to timing ($2.45M).

Capital grants that were deferred to 2020/21 financial year included: Placemaking for Vincentia Village $605k, Tumblebar Ck bridge $500k, Far North Collector Road $440k, Shoalhaven Head rural fire station extension $350k, Princes Hwy South St Ulladulla Pedestrian Improvements $110k and other small grants.

March Quarterly Review adjustments resulted in favourable Net Cash and Investments Movement of $3.56M. This is due to reserve funded capital works being phased into future years and additional income for waste management.

The commentary on the recommended changes can be found in March 2020 Quarterly Budget Report presented as Attachment 1.

Water Fund Budget and Quarterly Review Movements

The net operating result before capital revenue of the Water Fund is a $827k surplus when comparing to the year to date budgeted surplus of $242k. The main reason for this favourable variance due to additional income received for the communication towers.

$'000	Original Budget	Current Adopted Budget	March QR Adjustments	March QR Proposed Budget	March Actuals
Operating Result	1,222	1,325	382	1,707	1,989
Operating Result before Capital Grants and Contributions	722	575	(118)	457	827
Net Cash & Investments Movement	(12,032)	(3,529)	2,647	(882)	3,513

The main proposed budget adjustment relates to a $500k increase in Section 64 Capital Contributions.

March Quarterly Budget Review adjustments resulted into favourable Net Cash and Investments Movement of $2.65M, due to the phasing capital works into future years.

Sewer Fund Budget and Quarterly Review Movements

The net operating result before capital revenue of the Sewer Fund was $8.3M (surplus), a $2.5M favourable variance comparing to the budgeted year to date surplus of $5.95M. This is principally due to under expenditure, in particular materials and contracts, additional income received for private works the levying of effluent charges at the start of the year on the rates notice.

$'000	Original Budget	Current Adopted Budget	March QR Adjustments	March QR Proposed Budget	March Actuals
Operating Result	8,769	8,712	899	9,611	9,602
Operating Result before Capital Grants and Contributions	8,019	7,962	199	8,161	8,296
Net Cash & Investments Movement	(2,887)	(22,957)	2,460	(20,497)	(8,797)

The main proposed budget adjustment relates to a $700k increase in Section 64 Capital Contributions and a $203k increase in private works income.

Favourable adjustment to Net Cash and Investments Movement is proposed to reflect decrease in forecasted capital expenditures for the year.

Detailed explanations of the key variances for both the quarter and the full year forecast result are outlined in the March 2020 Quarterly Budget Report presented as Attachment 1.

Projects Requiring Funding

The following outstanding Council resolution items were addressed in 2020/21 Draft Budget:

- MIN19.61: Cattle Exhibition Precinct - $306k

- MIN19.181: Vincentia Placemaking - $1,744k

The following Council resolutions and reports have been noted as priority items for consideration/inclusion in future quarterly budget reviews.

Summary of outstanding Council Resolutions requiring funding
Minute / Report	Group	Title	Requested Amount ($'000)	Funding Obtained ($'000)	Outstanding ($'000)
MIN17.739	Planning & Development	LP406 - Falls Ck / Woollamia Deferred areas planning proposal	400	-	400
MIN17.797	Planning & Development	Hoarding & Domestic Squalor	50	-	50
MIN18.111	Finance & Corporate	SCARP update of Master Plan	300	-	300
MIN18.204	Finance & Corporate	Warden Head Lighthouse Ulladulla	75	-	75
MIN18.290	Assets & Works	Huskisson Traffic Control - roundabout intersection Owen/Sydney/Tomerong Streets	800	25	775
CL18.123	Assets & Works	Repay Land Decontamination Reserve (Berry RFS)	400	-	400
MIN19.502	Planning & Development	Narrawallee Beach - Victor Avenue Beach Access	Unknown	-	unknown
MIN19.711	Planning & Development	Additional Costs - VPA South Nowra	124	-	124
MIN19.711	General Manager /Planning and Development	St Georges Basin & River Entrance Sussex Inlet CMP contribution	30	-	30
Total			2,179		2,154

Conclusion

This report on the March Quarterly Budget Review presents details of the impact that the natural disaster events of fire and flood and now the COVID-19 Pandemic crisis have had on Council’s financial position to date. What has been presented in the report shows the total estimate cost of these events to date and the extent to which staff have been actively seeking all available funding opportunities and avenues to minimise the net financial impact on Council’s financial position.

The Management and Executive Teams continue to monitor closely what is still very much an evolving situation and ongoing developments will be reported to Council through future Quarterly Budget Review or sooner should circumstance warrant.

Strategy and Assets Committee – Tuesday 09 June 2020

Page 0

SA20.88 Proposed Lease of Part Lot 1 DP629175, 21 Meriton Street, St Georges Basin

HPERM Ref: D20/76196

Section: Technical Services

Approver: Paul Keech, Director Assets & Works

Attachments: 1. Plan - Lease Areas - 21 Meriton Sreet St Georges Basin ⇩

2. S355 Management Committee Guidelines (under separate cover) ⇨

Reason for Report

This report provides Council with an opportunity to consider entering into lease agreements with

· Illawarra Shoalhaven Local Health District (ISLHD); and

· Bay & Basin Community Resources Limited (BBCR)

for their continued use of the Community building located at 21 Meriton Street, St Georges Basin as depicted on Attachment 1 (D20/107448).

Recommendation

That Council:

1. Enter into lease agreements for the areas depicted in Attachment 1 (D20/107448) for the use and occupation of the community building located on Part Lot 1 DP 629175, 21 Meriton Street, St Georges Basin with:

a. Illawarra Shoalhaven Local Health District (ISLHD) for a term of five (5) years at an initial annual gross rental of $66,211 Ex GST with annual CPI increases

b. Bay & Basin Community Resources Limited (BBCR) for a term of five (5) years at an initial annual gross rental of $2,823 Ex GST with annual CPI increases

noting that the estimated Whole of Life costs for the facility are estimated to be approximately $61,300

2. Increase St Georges Basin Community Centre Management Committee quarterly payment for loss of rent and office space to $4,569.25 (GST free) with annual CPI increases.

3. Authorise the Chief Executive Officer to finalise the lease terms and conditions that may not yet be determined.

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

Options

1. To resolve as recommended

Implications: Council can proceed to enter into a five (5) year lease agreement with ISLHD and BBCR which will allow both groups to continue to hold guaranteed tenure over the property for a further period of five (5) years and continue to provide the valuable service to the community within the Bay & Basin area. Clearer and fairer responsibilities for costs will be provided.

2. Not resolve as recommended

Implications: ISLHD current lease agreement will continue on a monthly holding over phase at the current rental amount (no provisions in the current lease for rent increases). BBCR will also continue to occupy the respite room with no legal documentation in place. ISLHD have advised they will no longer pay contributions directly to the MC for cleaning of the common foyer/toilet. This will result in the Council requiring additional costs towards the cleaning. The rights and responsibilities of each party will remain unclear and both groups will not have guaranteed tenure which may result in a failure to obtain future grant funding to continue the community services within the Bay & Basin area.

Background

The facility at 21 Meriton Street St Georges Basin is a Council owned Community facility comprising:

· Community Centre/Hall run by a Section 355 Management Committee (MC);

· a 334.6m2 of floor space occupied by ISLHD as a Community Health Centre

· a 134.2m2 of floor space occupied by BBCR (sub-tenant of ISLHD) as a Respite Day Care Centre.

Current occupancy arrangements

Illawarra Shoalhaven Local Health District (ISLHD)

· ILSHD is a State Government Funded organisation who provides health services for the residents of the Illawarra Shoalhaven region. ISLHD operates eight hospital sites and provides community health services from approximately 58 locations across the region, one being 21 Meriton Street, St Georges Basin.

· ISLHD currently lease the whole of the Community Health building including the Adult Day Care Centre occupied by BBCR and have been in occupation since shortly after the building was constructed in 1983. State Government funded services provided from the facility include community nursing, early childhood, counselling services, regional assessment service for aged care, physiotherapy and Aboriginal women’s health services.

· Their current agreement is a 5 + 5-year lease; the initial term expired on 31 December 2016 whereby they chose not to exercise the option, defaulting to a monthly tenancy so they could negotiate a new lease to better reflect the costs and responsibilities of each occupant. This would require BBCR to enter into a head lease directly with the Council and contribute to outgoings, which they don’t do under the sub-tenant arrangements.

· ISLHD currently pays $57,324.97 pa ex GST, (75% of market rent based on incremental annual increases whereby they were to be at full market rent by the end of the option period – this has not happened) plus an additional sum of $4,992.00 pa directly to the Management Committee for cleaning of the public common foyer and toilets, whilst also paying for all electricity & garbage costs associated with their occupation of the Community Health Centre.

Bay & Basin Community Resources (BBCR)

· BBCR is a community-based, not-for-profit organisation, operating as a non-government independent entity. The purpose of BBCR is to consult with the community to identify the gaps in community services and, where possible, establish and support services and programs that will enhance the health and wellbeing of residents.

· BBCR currently sub-lease directly from ISLHD (no formal agreement signed).

· BBCR utilise the leased space for a respite room, dementia care, carers’ support groups, family interviews, training and office space for the coordination of the service. These services are aimed at improving the quality of life for seniors, their carers and family and provide a venue for people with dementia to have social interaction and quality activities with specialised care.

· No contributions are made by BBCR towards maintenance or costs associated with the facility.

Management Committee (MC)

· Management Committees are established in accordance with Section 355 of the Local Government Act 1993.

· The Management Committee is run in accordance with Council’s Management Committee Guidelines as per Attachment 2 (D16/334838). The MC has full responsibility for the running of the community centre/public hall including all common areas and ground maintenance. They currently pay all water, sewer, ground maintenance and external building maintenance costs for the whole of the premises. They also make payment for electricity for the common areas and the community centre component of the building.

· The MC receive a quarterly payment of $2,647.43 for loss of rent and office space. Major renovations to the Health Centre took place in 1990 which resulted in ISLHD taking over the MC’s office and sole use of the group room located at the front of the building. To compensate the MC for the loss of space and rental income, it was negotiated that the Council pay the MC a quarterly amount from the rental income received from ISLHD to cover these losses.,

Options

1. Maintain Existing Arrangements

· ISLHD will continue on a monthly holding over the tenancy and pay 75% of market rent as there are no provisions for rental increases under the current lease agreement.

· ISLHD will cease payments made directly to the MC for cleaning of the common area/toilets as there is no contractual obligation for this to occur. This may result in Council making contributions to the MC to cover these costs.

· BBCR will continue to occupy the respite room with no formal agreement in place resulting in no rental or outgoings being paid.

· MC will continue to utilise the group room located within the Community Health Building for meetings and hire to external groups.

· Security will continue to be jeopardised to the ISLHD & BBCR occupied areas. Currently, the MC utilised the group room for meetings and hire to other groups. The security of this room is linked with the whole of the Community Health building. Each time this room is utilised by the MC or other group, the security for the whole of the community health building is turned off. Engagement of the security system after the use of the room is relied upon by these groups. ISLHD have raised this matter as a high concern and risk to their facility.

· Responsibilities surrounding the cleaning of the group room will remain unresolved.

· Outgoings will remain unresolved.

· Maintenance and cleaning will remain unresolved for common areas

· Future funding may not be able to obtain due to the groups not being able to provide evidence of secure tenancy of the facility, which may result in loss of services to the community

2. Separate Lease Arrangement for the current three users

In an attempt to provide a more efficient and equitable use and occupation of the building, Council staff have proposed an arrangement whereby all occupants would have control and cost responsibility for each part of the building they occupy, with the Management Committee to have responsibility for the common areas, ground maintenance and external building maintenance costs.

This arrangement would allow for a greater understanding of maintenance responsibilities and also allow Council staff to recover outgoing costs associated with the facility. Due to the current electricity and water metering situation (neither are separately metered) and common areas of the building, a gross rental for each of the tenants to cover all outgoing charges against the property (excluding garbage) is proposed. Each occupant will pay for garbage bins which are in their possession. The rental and outgoing costs have been calculated on a square meter basis to ensure an equitable outcome for all occupiers.

The market rent for the Community Health Centre was determined by Walsh & Monaghan Valuers in June 2017 at $185/m2 pa Exc GST. Given the age of the valuation, verbal advice from the valuer was obtained confirming the rate of $185/m2pa was still applicable given little to no market movement over the past three years in the St Georges Basin/Sanctuary Point locales. Applying the valued rate to each tenant sqm occupied gives the market rate to each “tenant” as shown below:

Tenants	Floor space occupied m²	Market Rent
ISLHD	334.6	$61,901
BBCR	134.2	$24,827
Total	468.8	$86,728

Rent Calculations & Lease Terms

ISLHD have proposed to pay a market rent of $61,901 per annum Ex GST based on their area of occupation (334.6m2 @$185/m2pa) with an additional $4,310 per annum Ex GST for outgoings.

BBCR have proposed to pay a subsidised rent being the statutory minimum (as set by State Government body, Department of Planning, Industry & Environment – Crown Lands) of $498 per annum Ex GST with an additional $2,325 per annum Ex GST for outgoings.

The proposed terms subject to Council approval are as follows:

Lessee	ISLHD	BBCR
Premises	Community Health Centre 21 Meriton St, St Georges Basin	Adult Day Care Centre 21 Meriton St, St Georges Basin
Term	Five (5) Years	Five (5) Years
Commencement Date	TBA	TBA
Termination Date	TBA	TBA
Estimated Market Rent pa.	$61,901	$24,827
Annual Rent proposed	Net - $61,901 (Ex GST) O/G’s - $4,310 (Ex GST) Gross - $66,211.00 (Ex GST)	Net - $498 (Ex GST) (Stat Min) O/G’s - $2,325 (Ex GST) Gross - $2,823.00 (Ex GST)
Rent Review	CPI	CPI
Approx. Area	334.6m2	134.2m2
Percentage of Outgoings	100% - Garbage	100% - Garbage
Permitted Use	Illawarra Shoalhaven Local Health District Centre	Respite Facility & associated activities
Public Risk Insurance	$20 million	$20 million

3. Seek new Tennants

Not considered feasible given the value of the community service currently being provided.

Community Engagement

Lot 1 DP 629175, 21 Meriton Street, St Georges Basin is classified as Operation Land. The Local Government Act does not require public notice due to this classification.

Extensive discussions have been undertaken between council staff and the current occupiers to ensure that the tenants have consulted with ISLHD, BBCR and Management Committee.

Policy Implications

The proposed lease terms are in accordance with Council’s Occupation of Council Owned or Managed Land Policy.

Financial Implications

The tables below provide an overview of the current and proposed new payments.

Rental & Outgoings Income

	ISLHD		BBCR
	Rent	Outgoings	Rent	Outgoings
Current Annual payments	$57,324.97	$4,992 (paid to MC)	$0	$0
New Annual payments	$61,901.00	$4,310	$498	$2,325

Contribution to the Management Committee

Current Annual Contribution	$10,589.88
New Annual Contribution	$18,277.00

The contribution to the MC is paid by Council from the gross rental income received by the occupiers (ISLHD & BBCR). Occupiers gross rental income includes contributions for cleaning, ground maintenance and water usage.

This payment in 2020 is proposed to be $18,277 annually and payable $4,569.25 per quarter. The increase in contributions to the MC will ensure that Councils facility will continue to be maintained at a high standard. This contribution will cover water & sewer charges, maintenance and cleaning of the grounds and common areas and general external upkeep of the premises.

Market Rent Analysis

Market Rent (expert Valuers) $86,580

Proposed Rental Income ISLHD $61,901

Proposed Rental Income BBCR $ 498

Difference (Shortfall) $24,329

The whole of Life Cost Analysis

Asset (building) replacement cost $1,615,000 with a design life of 60 years.

Remaining Capital (Written down Value) life costs of $619,083 over 23 years equate to $32,300pa.

Capital, Operating & M&R

Capital Cost/ Depreciation	$ 32,300
Operating costs (Cleaning Community Centre/Hall)	$ 24,000
M&R	$ 5,000
Total	$61,300

Total capital, Operating & M&R $61,300

Proposed Rental Income ISLHD ($61,901)

Proposed Rental Income BBCR ($ 498)

Difference (Surplus) ($ 1,099)

The rental income collected over the life of the building, at the current agreed rental value will cover the annualised whole life cost which includes capital operating and repairs and maintenance.

Risk Implications

Failure to resolve as recommended may result in the current services provided by both occupants potentially being displaced from the Bay & Basin area which will have an impact on the community. This will potentially result in Council having a vacant community health building.

This community-building having been built in 1983 has a life expectancy of about 60 years (2043) of which 23 years are remaining. The cost to the Council the remaining life is approximately $1,420m. However, the proposed leases are for five years which only guarantees a return to Council of approximately $312,000 plus CPI increases.

Strategy and Assets Committee – Tuesday 09 June 2020

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SA20.91 Proposed Lease to Mollymook Beach Hut - Lot 7038 DP 1061116

HPERM Ref: D20/152174

Section: Technical Services

Approver: Paul Keech, Director Assets & Works

Attachments: 1. Plan - Location ⇩

2. Plan - Building & Outdoor Area Breakdown ⇩

Reason for Report

To provide Council with an opportunity to consider granting a 5-year lease with 2 x 5-year options to the existing Lessees, Bruce Maxwell Yalden and Maria Teresa Yalden trading as Mollymook Beach Hut, for the premises known as Shops 1 & 2, 83 Ocean Street Mollymook.

Recommendation

That Council:

1. As the Crown Land Manager of R52790 (Mollymook Beach Reserve) enter into a 5-year lease plus 2 x 5-year options for shops 1, 2 & outdoor dining area, 83 Ocean Street, Mollymook with Bruce Maxwell Yalden and Maria Teresa Yalden (T/A Mollymook Beach Hut) at a commencement rent of $43,000 (excl GST) pa + outgoings with annual CPI increases and market reviews in years 5, 10 & 15.

2. Require each party to pay their own legal costs in this matter.

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

Options

1. The recommendation be adopted.

Implications: Council can proceed to enter into a lease for 5 years plus 2 x 5-year option terms with Bruce Maxwell Yalden and Maria Teresa Yalden and continue to receive rental income for the property.

2. Not adopt the recommendation.

Implications: The Lessees would remain on a lease holdover, month by month term.

Background

Lessees Bruce Maxwell Yalden and Maria Teresa Yalden currently trade as Mollymook Beach Hut and have occupied Shops 1 & 2, 83 Ocean Street, Mollymook since 2008. Their existing lease is due to expire 31/07/2020.

The Lessees have requested a further long-term lease, seeking security for themselves and staff as a retail trade and also enabling them to carry out cosmetic fit-out works to increase the asset’s immediate & long-term appeal.

Mollymook Beach Hut employs approximately 26 casual staff members including long term senior employees. The kiosk caters to numerous groups and clubs in the local area including swimming, walking, maternity and retirees, to name a few, and is a popular tourist meeting spot throughout all seasons.

The kiosk runs as a takeaway service; providing food, coffee, ice-cream, souvenirs and accessories, and is based within the same complex as Mollymook Surf Life Saving Club. Located on Mollymook Beach Reserve R52790, this location has direct beach access and views.

Located to the west of the complex is the newly redesigned Livvi’s Place playground which draws interest from both locals and tourists. Refer Attachment 1 - Plan – Location.

The existing tenancy consists of 100.5sqm retail with a licence contained within the lease to occupy the outdoor area of 200sqm. The licensed outdoor area seats 56 persons maximum. Refer Attachment 2 - Plan - Building & Outdoor Area Breakdown.

Current rental for the final year of the existing Lease is $41,711.54 per annum, payable monthly in advance. A valuation was obtained in February 2020 with proposed rental for the commencement of the new Lease term recommended at $43,000 per annum + Outgoings + GST.

A bank guarantee is currently held totalling $3,132.25 which is not equivalent to one month’s current rent. An increase to this amount is suggested to total $7,166.66 + GST ($7,883.33 including GST) (equivalent to two month’s deposit based upon the first year’s annual rental).

The negotiated agreement, subject to Council approval has been agreed to in writing by Bruce Maxwell Yalden and Maria Teresa Yalden and is based on the following:

Lessee	Bruce Maxwell Yalden and Maria Teresa Yalden
Lessor	The State of NSW (Crown Lands) with Shoalhaven City Council as Crown Land Manager
Premises	Part 7038 DP 1061116, Mollymook Beach Reserve R52790 known as Shops 1 & 2, 83 Ocean Street, Mollymook NSW
Lease Breakdown	Crown Land Lease for the building with embedded Licence for the outdoor dining area
Area	Shop: 100.5sqm Outdoor Dining: 200sqm
Zoning	RE1 – Public Recreation
Permitted Use	Eat-in & takeaway food outlet – seating for 56 persons (maximum) in the outdoor area
Commencement	1^st August 2020
Initial Term	5 years
Options	5 + 5 years
Rent	$43,000 pa + GST Paid by monthly instalments of $3,583.00 + GST
Increases	CPI annually on the date of lease commencement
Market Review	At the end of each 5-year term (years 5, 10 & 15)
Outgoings	Water will be separately metered & invoiced quarterly Rates (currently non rateable) Proportionate share of Building Insurance (based upon occupancy % within complex - approx 15% of total cost) *Note these costs are on top of rent
Operating Costs	Own business running costs Utilities – Electricity & Gas Grease Trap / Trade Waste (if installed throughout the lease term) Rubbish / Waste Air Conditioning servicing Fire equipment maintenance & servicing Gardening and garden maintenance Pest Control Cleaning Security
Interest Rate	12%
Security Deposit / Bank Guarantee	$7,166.66 + GST ($7,883.33 including GST) (2 months’ rent)
Insurance	Public Risk Insurance - Twenty Million Dollars ($20,000,000.00) Plate Glass insurance (if applicable) Noting Shoalhaven City Council & Crown Lands as Interested Party

Community Engagement

In accordance with Section 47 of the Local Government Act 1993, Council advertised the proposed lease to Bruce Maxwell Yalden and Maria Teresa Yalden with 28 days public notice expiring 15 April 2020. Zero (0) submissions were received.

Policy Implications

The agreement is in accordance with Council’s Occupation of Council Owned and/or Managed Land policy.

Under Regulation 70 (2)(c) Crown Land Management Regulation, Council as Crown Land Manager is authorised to grant a new lease for up to twenty-one (21) years for the purpose of a kiosk in effect over reserved Crown Land prior to the commencement of the CLM Act on 1 July 2018 where there are no additional permitted uses of the land or change in area under the lease.

Financial Implications

Council will receive a monthly rental income for a maximum term of fifteen years with annual CPI increases plus Outgoings.

After consultations with Shoalhaven City Council’s Asset Strategy Manager the below should also be noted:

Asset Life: 60 years

Year Built: 1976

Asset Expiry Date: 2036

Age: 44 years

Remaining Life: 16 years

Building Asset Replacement

Cost of building replacement: $577,500

(Note: This does not include the Land Value but includes 15% of Surf Club Building value based on floor area. Note asset building asset replacement component is 50% as the building is located in a highly aggressive environment within the 2050 coastal hazard line.

Cost of ancillary assets to buildings $525,000

(Note: such as carpark, outdoor dining area, underground services and percentage of seawall to protect assets and fire hydrant)

			Annualised (Annual) cost	Remaining Life cost
Component renewals	% of (RC)	50%
Total Capital cost over life of Asset/s		$1,391,250
Capital Cost/ Depreciation			$23,188	$371,000
Operating costs (Not recovered) Utilities, Building Insurance, Fire protection			-	-
Repairs & Maintenance (M&R) Painting, general repairs Doors, light switches			$5,000	$180,000
Total capital, Operating & M&R			$28,188	$451,000
Proposed Annual Rent			$43,000	$688,000

The proposed rent reflects the market cost (i.e. location and facility) and covers the commercial building costs. There is no cost recovery on the land as it is Crown land. Council has invested funds from the profit back into crown lands in the Shoalhaven including the adjoining Mollymook Beach reserve.

Risk Implications

No risks identified.

Strategy and Assets Committee – Tuesday 09 June 2020

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SA20.94 Nowra Golf Course - Proposed Leases to Bomaderry Bowling Club Ltd

HPERM Ref: D20/186416

Section: Technical Services

Approver: Paul Keech, Director Assets & Works

Attachments: 1. Letter - Bomaderry Bowling Club - request for alternate rent or management arrangement dated 19 May 2020 ⇩

2. Overview of Golf Course - Council and Crown land ⇩

3. Letter - Bomaderry Bowling Club Limited Rental Approval - Lease Negotiations - SCC & CL dated 31 March 2020 ⇩

4. Lot & DP Aerial overlays ⇩

Reason for Report

To provide Council with an opportunity to enter into dual leases with Bomaderry Bowling Club Limited (previously known as Nowra Golf Club Limited) for 86 Fairway Drive, North Nowra, broken down into two (2) separate agreements between Council and Council as Crown Land Manager over R68919 (being Crown Land) for the purpose of a Golf Course, Car Parking & Access.

Note: the Nowra Golf Club Limited and now the Bomaderry Bowling Club Limited owns the Golf Club House on land under a special arrangement with the State Government.

Recommendation

That Council

1. Accept the surrender of the licence between Council and Nowra Golf Club Limited over Lot 2 DP 540883 & Lot 3 DP 528318 dated 11 October 2001.

3. Enter into a twenty (20) year lease agreement with Bomaderry Bowling Club Limited over Lot 2 DP 540883, Lot 3 DP 528318 (Nowra Golf Course - 86 Fairway Drive, North Nowra) for an initial rent of $5,000pa (excl GST) with annual CPI increases.

4. As Crown Land Manager of R68919 (known as Greys Beach Reserve) enter into a twenty (20) year Crown lease agreement with Bomaderry Bowling Club Limited over Part Lot 7303 DP 1164490, Part Lot 239 DP 728005 & Part Lot 7302 DP 1164490 for an initial rent of $1,500pa (excl GST) with annual CPI increases.

5. Note that Council maintains Fairway Drive to the benefit of the general community, but the latter part (approximately 415 metres) of Fairway Drive is more akin to a dedicated driveway to the Golf Club. Periodic maintenance (pothole filling) and resealing on an eight to ten-year cycle costs Council in the order of $15,000pa and this is funded from standard road maintenance allocations.

6. Require each party to pay their own legal costs in this matter.

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

Options

Option 1 – New Arrangement (Recommended).

Implications: The Bomaderry Bowling Club will pay an annual rent as first agreed.

Option 2 – In the spirit of the existing expired arrangement.

Parts 1 and 2 and 5 and 6 and 7 as above and new items 3 and 4 as follows (Note: Item 3 could be $1pa if Council resolve this way; the $504 is as per Council Policy);

Item 3: Enter into a twenty (20) year lease agreement with Bomaderry Bowling Club Limited over Lot 2 DP 540883, Lot 3 DP 528318 (Nowra Golf Course - 86 Fairway Drive, North Nowra) for an initial rent of $504pa (excl GST) with annual CPI increases.

Item 4: As Crown Land Manager of R68919 (known as Greys Beach Reserve) enter into a twenty (20) year Crown lease agreement with Bomaderry Bowling Club Limited over Part Lot 7303 DP 1164490, Part Lot 239 DP 728005 & Part Lot 7302 DP 1164490 for an initial rent of $504pa (excl GST) with annual CPI increases.

Implications: Minimal income for Council.

Hybrid Option – some value possibly between Option 1 and 2.

Parts 1 and 2 and 5 and 6 and 7 as above and new items 3 and 4 as follows:

Implications: As Option 2:

Background

A Brief History (As recalled by Clr Greg Watson)

Towards the end of 1952, the Nowra Golf Club approached Shoalhaven Shire Council asking Council to assist in the purchase of a farm which had been placed on the market by its owners. The property was located on the northern side of the Shoalhaven River adjacent to the Nowra Bridge.

At that time Nowra Golf Club had a nine-hole course off Albatross Road which utilised “sand greens”.

The Council agreed to join with the Nowra Golf Club in the purchase of the subject land and its development into an 18-hole Golf Course.

From memory the purchase price was approximately £15,000, the Council intended to raise a loan to meet the purchase price.

The arrangement between Council and Golf Club was the club would pay the loan off by way of a lease payment to Council. The loan repayments were to be made by equal payments of principal and interest throughout the period of the loan to simplify lease payment.

The Golf Club also transferred the nine-hole golf course at no cost to Council. Following the transfer, Council subdivided the site and sold most of the allotments. (Calamea Street) the subdivision plan was drawn up by the Shire Clerk Mr William Batt.

The development of the golf course was funded primarily by debentures raised from the members of the club.

The house located on the farm was on a separate parcel of land and the Club purchased this as a temporary clubhouse.

There may have been other loans made to the club which were rolled into the lease as well?

When the loan had been repaid the Lease, the arrangement was no longer necessary and after discussions, it was decided in recognition the club had met all its obligations of funding acquisition, the Council appointed the directors of the Club as a committee by delegation to operate the facility (a 355 committee).

In about 2000 Council staff started recommending to the Council that we should get rid of the 355 committees in favour of leases and at this time Council negotiated the one dollar per year lease with the Nowra club and a similar amount for the Crown lease to regularise the parking area which was also to remain open to the general public.

One issue which caused a degree of consternation among some of the older members who knew the history of the purchase; was the subdivision which Council undertook on the top of the escarpment (Yulungah Drive) which formed part of Daley’s farm. The older members were strongly of the opinion that the course was to be transferred to the Nowra Golf Club after the loan had been repaid and they believed the club should have a share of the profits.

Recently Expired Lease Arrangements

A review of Council’s records reveals that the Nowra Golf Club Limited initially entered into two (2) separate Licence agreements, dated 11 October 2001, both for twenty (20) years, expiring 10 October 2021 for the dual parcels of land at Fairway Drive, North Nowra, broken up into Crown Land and Council owned land.

Council Land:

Lot 2 DP 540883 known as the Golf course (25.68 ha)

Lot 3 DP 528318 known as the Golf course & road access (1479 sqm)

Part Lot 1 DP 438034 was on the “current” lease, however this parcel of land is now in the ownership of the State Government (RMS as part of the Shoalhaven River Bridge Crossing), and thus this parcel of land is no further part of the “Golf Club” discussions.

Licence Purpose: Golf Course in conjunction with Clubhouse on adjoining Special Lease 1966/51 and all matters ancillary thereto.

Fairway Drive from Illaroo Road to the Golf Clubhouse is for all intents and purposes a public road; however, it is not located within a road reserve as defined by the Roads Act 1993. In practical terms, the road built on Crown Land that provides traffic movements within the Greys Beach Reserve and access to the boat ramp, car parking areas and the Golf Club.

Crown Land:

Lot 7303 DP 1164490 known as part Greys Beach Reserve 68919 (3.28 ha)

Licence Purpose: Carpark for Golf Course and matters incidental including ingress and egress to Carpark & Golf Course.

In addition to the above, Nowra Golf Club has a Special Lease 1966/51 directly with Crown Lands for the clubhouse which commenced on 1 August 1967 (NSW Government Gazette No 10, 24 January 1969). Council is not a party to this agreement. As the clubhouse assets on this special lease were transferred to the Bomaderry Bowling Club as part of the amalgamation it would not be feasible to lease the golf course fairways (located on Council land) to another party, for example, St Georges Basin Country Club. It is for this reason that Council has dealt directly with Bomaderry Bowling Club in this matter.

For a high-level overview of Crown Land and Council owned land see Attachment 2.

Nowra Golf Club and Bomaderry Bowling Club Amalgamation

Nowra Golf Club Limited entered into a Memorandum of Understanding with Bomaderry Bowling Club Limited on Thursday 9 March 2017 to amalgamate in accordance with the memorandum, the registered Clubs Act, The Liquor Act, and the Corporations Act. The amalgamation was affected by the continuation of Bomaderry Bowling Club Limited and the dissolution of Nowra Golf Club Limited.

Part of the amalgamation terms was that Nowra Golf Club Limited would transfer all assets, debts and liabilities to Bomaderry Bowling Club Limited.

Bomaderry Bowling Club Limited has a substantial track record within the local area of providing services to the community and has previously amalgamated with Berry Bowling Club (2002), Bomaderry RSL Club (2015) and now Nowra Golf Club (2017).

Since the amalgamation with Nowra Golf Club Limited, Bomaderry Bowling Club Limited has contacted Council to request a transfer of Licence from Nowra Golf Club Limited to Bomaderry Bowling Club Limited. However, due to the Licence agreements excluding a transfer clause to enable the transaction to proceed, the existing agreements are required to be surrendered with new agreements put in place.

Options

The following options are presented as viable options given the current lease arrangement has come to an end and the Nowra Golf Club (a 355 Committee come legal entity operating in the spirit of a 355 committee) has now dissolved. With all options the following terms are considered consistent:

	Council Owned Land	Crown Land
Lessee	Bomaderry Bowling Club Limited	Bomaderry Bowling Club Limited
Lessor	Shoalhaven City Council	Shoalhaven City Council as Crown Land Manager
Premises	Lot 2 DP 540883, Lot 3 DP 528319	Part Lot 7303 DP 1164490, Part Lot 239 DP 728005 & Part Lot 7302 DP 116449
	Refer to Attachment 4 (D20/123221) for Lot & DP aerial overlays for the above
Area	25.84 ha	3.34 ha
Term	Twenty (20) Years	Twenty (20) Years
Commencement Date	TBA	TBA
Option	Nil	Nil
*Rent*	*See options analysis below*	*See options analysis below*
Rent Review	Annually to CPI	Annually to CPI
Percentage of Outgoings	Met by the Lessee	Met by the Lessee
Permitted Use	Golf Course in conjunction with Clubhouse on adjoining Special Lease 1966/51 and all matters ancillary thereto	Carpark for Golf Course and matters incidental including ingress and egress to Carpark & Golf Course.
Public Risk Insurance	Twenty million dollars ($20,000,000.00)	Twenty million dollars ($20,000,000.00)

Option 1: Assumes that with the winding up of the Nowra Golf Club all obligations, considerations, apportionments and arrangements cease, and Council is now dealing with a new Commercially structured entity, and thus should seek a Commercial lease payment. That is, Council is no longer dealing with the Nowra Golf Club in the original “Not For Profit Partnership” that commenced in 1952.

Council staff had originally discussed terms under such arrangements and the Bomaderry Board considered the following as appropriate:

Rent – Option 1

$ 5,000.00 excl GST per annum, payable quarterly in advance

$ 1,500.00 excl GST per annum, payable quarterly in advance

Given the dearth of comparable Golf Club rental information available publicly and the fact that no other party could logically lease the land, Council and the Bomaderry Bowling Club had discussed what appeared to be a mutually acceptable rent that achieves an increase in the previous peppercorn rent paid whilst not placing an undue financial burden on the Bomaderry Bowling Club.

Option 2: Assume that despite the winding up of the Nowra Golf Club and the Bomaderry Bowling Club being a Commercially structured entity the Bomaderry Bowling Club will operate the Golf Club in the same spirit as the Nowra Golf Club, and thus consistent with the history recognise all past obligations, considerations, apportionments and arrangements and seek a lease payment that reflects the spirit of terms of the recently expired lease.

Bomaderry Bowling Club have reconsidered their position given a better understanding of the history of the Golf Club (see Attachment 3):

Rent – Option 2

Minimum as per Council Policy (currently $504pa)

Crown Lands Statutory Minimum (currently $504pa)

Option 3: reinstate a Section 355 committee to run the Nowra Golf Club and run the Golf Course as a Community Facility. This could only really be feasible if the Bomaderry Bowling Club returned all the assets (i.e. Club House etc) to the Council’s ownership. It is assumed that this would require a degree of negotiation and consideration and this has not been explored further in this report. See Guidelines elsewhere on this Agenda and at http://doc.shoalhaven.nsw.gov.au/Displaydoc.aspx?Record=d14/117536

Community Engagement

In accordance with Section 47 of the Local Government Act 1993, Council advertised the proposed agreement to Bomaderry Bowling Club Limited with 28 days public notice expiring 6 September 2019. Zero (0) submissions were received.

Policy Implications

The proposed Lease terms are in accordance with Council’s Occupation of Council Owned or Managed Land Policy.

Council’s Policy “Occupation of Council Owned or Managed Land” provides for the minimum rent to be the statutory minimum. This is a rent set by State Government body, Department of Planning, Industry & Environment – Crown Lands.

State Government body, Department of Planning, Industry & Environment – Crown Lands sets a statutory minimum rent to be applied to Crown Land. Council’s Policy “Occupation of Council Owned or Managed Land” provides for this minimum rent to be applied to Council land too. Council can however, by resolution, apply a different minimum on its own land for a specific site.

Financial Implications

Council will receive annual rent for the Leased premises.

In addition to the rent received, the Golf Club pays Council approximately $36,000 in water rates and approximately $1,700 in Council rates.

Council maintains Fairway Drive to the benefit of the general community, but the latter part (approximately 415 metres) of Fairway Drive is more akin to a dedicated driveway to the Golf Club. Periodic maintenance (pothole filling) and resealing on an eight to ten-year cycle costs Council in the order of $15,000pa and this is funded from standard road maintenance allocations.

Any income for the lease arrangement could contribute to this cost.

Risk Implications

Should Council not agree to this proposal the Bomaderry Bowling Club Limited will be forced to surrender the existing Licence agreements between Shoalhaven City Council, Crown Lands and Nowra Golf Club Limited.

There are no Council-owned assets on land in the ownership of Council comprising the golf course fairways.

Strategy and Assets Committee – Tuesday 09 June 2020

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SA20.97 Shoalhaven Coastal Management Program - Stage 1 - Citywide Scoping Study Report - Community Feedback - Adoption

HPERM Ref: D19/444132

Section: Environmental Services

Approver: Phil Costello, Director Planning Environment & Development Group

Attachments: 1. Prioritisation and costing (under separate cover) ⇨

2. Public exhibition outcomes - detailed summary of issues raised and how these have been addressed (under separate cover) ⇨

Reason for Report

To report on the submissions received as a result of the public exhibition of the Coastal Management Program (CMP) – Draft Scoping Study and to consider the findings, in accordance with Council resolution MIN19.956 and to present the final CMP Scoping Study for adoption.

Recommendation (Item to be determined under delegated authority)

That Council adopt the Final Shoalhaven Coastal Management Program Scoping Study (referred as The Scoping Study) with amendments following public exhibition taking into considerations community submissions, as detailed in the report and proceed with the following:

1. Formation of the proposed North, Central, and Southern Coast and Estuary Management Committees and coastal management program working groups; and

2. Seek additional grant funding where required to undertake assessments as detailed in the Scoping Study to inform the Shoalhaven Coastline/Jervis Bay, Lake Conjola, and the St Georges Basin/Sussex Inlet as priority 1 for the Shoalhaven Coastal Management Program; and

3. Council consider allocating the additional $397,500 matching funds over 2 years, $238,750 in 2020/21 and $158,750 in 2021/22 budgets, to provide 50% contribution to the above grants; and

4. Commence preparation of Tender documentation for the preparation of the Shoalhaven Coastline and Jervis Bay, Lake Conjola, and St Georges Basin/Sussex Inlet Coastal Management Programs.

Options

1. As recommended

Implications: Council will complete the first stage of the CMP and continue with the process to develop CMPs for the identified high priority locations in accordance with requirements of the NSW Coastal Management Act 2016. The existing certified Coastal Zone Management Plan (CZMP) for the Open Coast is due to expire in December 2021, and the estuaries do not have certified CMPs in place. Adopting the CMP Scoping Study would allow the Shoalhaven CMP to proceed at the high priority locations as a basis for ongoing and future coastal management in the Shoalhaven. Provide funding of $397,500 matching funds over 2 years, $238,750 in 2020/21 and $158,750 in 2021/22 budgets, to provide 50% contribution to the CMP priority 1 grants

2. Council choose to fund the entire amount of $397,500 next financial year 2020/21 to aim to fast track preparation of all the priority 1 CMPs.

Implications: All tasks required to inform the preparation of each priority 1 CMP could be completed by 2022.

3. Council could choose to maintain the existing priority 1 CMP project amounts and not make-up the shortfall in budget to address all issues and priorities identified during the community consultation process and only allocate $70,000 matching contribution and a grant variation of $70,000 to the Shoalhaven Coastline/Jervis Bay and St Georges Basin/Sussex Inlet CMP to top up this project to the original $200,000 ($140,000 from this grant allocated to the citywide Scoping Study as per previous Council resolutions). Maintain existing project budgets of $280,000 for Lake Conjola and $150,000 for Lower Shoalhaven River estuary.

4. Reject the CMP Scoping Study

Implications: This will result in further delays in completing the Scoping Study and will delay preparation of subsequent Coastal Management Programs (CMPs). Without certified management plans in place Council will not be eligible for grant funding through the Department of Planning, Industry & Environment’s (DPIE) Coast & Estuaries program.

5. Alternative recommendation

Implications: Unknown

Background

NSW has developed a new coastal management framework through the Coastal Management Act 2016 (CM Act), State Environmental Planning Policy (Coastal Management) 2018 and the Coastal Management Manual 2018. The NSW Coastal Management Manual 2018 sets out the framework in detail and defines the requirements for a CMP. The purpose of a CMP is to set the long-term strategy for the coordinated management of the coastal zone with a focus on achieving the objects of the CM Act.

This Citywide Scoping Study document is Stage 1 of the 5 Stage process in the development of the Shoalhaven Coastal Management Programs (CMP) for the coastline and estuaries. It sets the scene for Shoalhaven City Council’s coastal planning process leading to the development of CMPs, as required by the NSW Coastal Management Act 2016.

Figure 1 – Stages in preparing and implementing a CMP (Coastal Management Act 2018)

The overall aim of the Scoping Study is to identify priority issues and management gaps in preparation for the development of the CMPs.

On 17 December 2019, Council resolved (MIN19.956) to:

1. Place the Coastal Management Plan Draft Scoping Study on public exhibition from 16 December 2019 – 14 February 2020; and

2. Council at its Strategy & Assets Committee meeting on Tuesday 11 February resolved to extend the Community Consultation until Friday 28 February (inclusive).

3. Receive a report following the exhibition period outlining submissions received and any recommended amendments to the Draft Policy prior to adoption by Council.

This report has been prepared for Council to summarise the submissions received during the exhibition period and recommended amendments to The Scoping Study for adoption. The adoption of The Scoping Study will enable Council to move forward in progressing the formation of the Coast and Estuary Management Committees and working groups, apply for grant funding variations as identified below and commence with the tenders for the preparation for the Shoalhaven CMP for the Shoalhaven Coastline and Jervis Bay, Lake Conjola, Lower Shoalhaven River and St Georges Basin/Sussex Inlet CMPs.

The Scoping Study final draft is contained within Council’s Shoalhaven Coastal management program ‘Get involved page’ by following this link:

https://getinvolved.shoalhaven.nsw.gov.au/CMPStage1ScopingStudy

Community Engagement

The Scoping Study was publicly exhibited for a period from Monday 16 December 2019 to Friday 28 February 2020 (inclusive).

The draft policy was exhibited via the following:

· Council’s Community Engagement platform, Get Involved Shoalhaven - https://getinvolved.shoalhaven.nsw.gov.au/CMPStage1ScopingStudy;

· Council’s website - On Exhibition page https://www.shoalhaven.nsw.gov.au/My-Council/Public-exhibition/Documents-on-exhibition;

· Community engagement programs, comprising six workshops and drop-in information sessions held in September/October 2019;

· Questionnaire was open to the public to provide insight into their key values;

· Letters and emails sent to residents and community organisations to notify of exhibition;

· Letters and emails sent to residents and community organisations to notify of extension to exhibition;

· Notice sent to all CCBs;

· Request for comment sent to all relevant Agencies;

· Council’s Facebook page;

· Poster advertising the exhibition in the foyer of Nowra Administration Building;

· Council’s newsletter; and

· Hardcopies of the document were placed in Council’s Administration Buildings in Nowra and Ulladulla.

The main outcomes that emerged from the public exhibition process included:

· 66 submissions received during public exhibition period;

· 270 survey responses received;

· Range of submissions and survey responses from local community groups, CCBs, individuals and agencies;

· Strong community passion for their areas;

· Some community submissions wanted an improvement of the Vision statement and inclusion of natural values;

· Collingwood Beach Preservation Group - dune vegetation (i.e. inappropriate use of banksias), Jervis Bay requires a separate CMP (i.e. not part of the Open Coast);

· Suggestions for Sussex Inlet to have a separate CMP (i.e. not part of St Georges Basin);

· Some submissions called for more recognition of bird habitat and Key Biodiversity Areas;

· Management of estuary entrances e.g. Lake Conjola was a key issue;

· Some submissions wanted consideration of recent bushfires;

· There were suggestions regarding the structure of the proposed Coastal and Estuary Management Committee e.g. three committees, northern, central, and southern;

· There is a lack of up to date information for some areas;

· Concern from some in the community regarding Council’s adopted sea level rise projections;

· Comments on coastal hazard mapping;

· Comments on recreational facilities;

· Suggestions for additional key risks to be included – additional specific local issues to be included; and

· Status of existing actions.

Attachment 1 contains a register summarising the submissions and where they have been addressed in the Scoping Study. A hard copy of each of the full submissions was made available to Councillors prior to this Committee meeting.

Policy Implications

The future review of Council’s Sea Level Rise Policy, required every 7 years in accordance with Council’s adopted policy, would have implications on the level of risk that has been assessed for Council’s coastal areas; this would need to be considered when formulating future CMPs.

Review of Council’s policies would need to be in accordance with the NSW Coastal Management Manual 2018 and the NSW Coastal Management Act 2016.

Financial Implications

Adopting the Scoping Study would trigger a review of some of Council’s coastal and estuary studies and undertaking new geotechnical hazard mapping for the cliffs and bluffs in the short-term. The cost implications of proceeding with the recommended actions to progress the CMPs is outlined in Table 7.2, Section 7 of The Scoping Study document, contained in Attachment 2. The majority of costs would be expended by 2023 for the higher priority CMPs, with ongoing costs to 2030 for medium and lower priority CMPs.

Without certified CMPs in place Council would not be eligible for grant funding for implementation of actions through Department of Planning, Industry & Environment (DPIE), which provides two-thirds of the cost for new applications. Without certified CMPs in place it also means that many actions Council and the community would like to implement within the Shoalhaven coastal zone would require additional approvals including development consent as these actions would not be provided exemption from development consent under the State Environmental Planning Policy (Coastal Management) 2018, which may include implementation of emergency action subplans following storm, inundation and erosion events.

The Shoalhaven Coastline and Jervis Bay CMP must be complete and adopted by Council by December 2021 as this is when the current certified CZMP for the Shoalhaven Coastline expires.

The total range of costs contained in Section 7 (attachment 2) of the Scoping Study for the completion of each of the CMPs and the required upper limit of Council’s 50% contribution to funding is summarised in Table 1 below.

Table 1. Completion costs and timelines for Shoalhaven’s CMPs

Coastal Management Program	Total cost range for completion	50% Council contribution upper limit	Existing Funding (incl. council commitment of 50%)	Timeline for completion
Lake Conjola Estuary	$225,000 to $340,000	$170,000	$280,000	2022
Shoalhaven Coastline & Jervis Bay	$145,000 to $220,000	$110,000	$200,000 Combined including citywide Scoping Study $60,000 remaining	December 2021
St Georges Basin & Sussex Inlet	$135,000 to $240,000	$120,000		2022
Lower Shoalhaven River	$285,000 to $435,000	$217,500	$150,000	2022 - 2023
Burrill Lake, Lake Tabourie & Willinga Lake	$135,000 to $255,000	$127,500	To be allocated	2025
Lake Wollumboola	$110,000 to $185,000	$92,500	To be allocated	2025
Currambene Creek and Moona Moona Creek	$120,000 to $215,000	$107,500	To be allocated	2025
Swan Lake & Berrara Creek	$80,000 to $130,000	$65,000	To be allocated	2030
Shoalhaven Urban & Rural Estuaries	$100,000 to $165,000	$82,500	To be allocated	2030

NSW DPIE has awarded Council 50% grant funding to complete Lake Conjola, Shoalhaven Coastline (including Jervis Bay), St Georges Basin/Sussex Inlet and Shoalhaven River CMPs. Council will need to contribute the remaining 50% of these costs. Council will also apply to DPIE for grant funding for development of the remaining CMPs. For existing grants, Council can apply for variations to 50% of the costs, for the remaining CMPs new applications will be eligible for up to two-thirds of the costs under the new NSW DPIE coast and estuary grant program guidelines.

The increased costs of the CMPs compared to the original grant applications are detailed in Section 7 of the Scoping Study (Attachment 2). The priority CMPs have been broken down into tasks and costings provided for each. The need for information or studies to prepare the CMPs was informed by the community and stakeholder consultation.

Table 2 below details Council’s current grant funding arrangements. Noting that the cost of the Scoping Study of $140,000 has come from the Shoalhaven Coastline & St Georges Basin/Sussex Inlet CMP grant in accordance with recommendation from the NSW DPIE, the NSW Coastal Council and Council resolution to undertake a Citywide Scoping Study. There is approximately $60,000 remaining within the grant budget. This has been factored into the shortfall for the future development of these CMPs.

Table 2. Current funding arrangements and additional funding to be sought

Grant	Existing funding (incl. council commitment of 50%)	Total upper limit of cost for completion (from Table 1)	Total Shortfall in funds (Council to provide 50%)	Additional Council 50% contribution
Lake Conjola Estuary CMP	$280,000	$340,000	$110,000	$55,000 over 2 years 2020/21 and 2021/22
Shoalhaven Coastline (incl. Jervis Bay) and St Georges Basin/Sussex Inlet CMPs	$200,000 ($140,000 allocated to the Scoping Study, $60,000 remaining)	$460,000 ($220,000 Coastline/Jervis Bay $240,000 St Georges Basin/Sussex Inlet)	$400,000	$200,000 ($50,000 coastline/JB 2020/21 + $60,000 over 2 years SGB/Sussex 2020/21 and 2021/22)
Lower Shoalhaven River CMP	$150,000	$435,000	$285,000	$142,500 over 2 years 2020/21 and 2021/22

Total additional Council contribution required = $397,500 over 2 years with the following breakdown:

2020/21 = $238,750

2021/22 = $158,750

Alternatively, Council could choose to fund the entire amount next financial year (2020/21) to aim to fast track preparation of all the priority CMPs by 2022.

Risk Implications

The existing certified CZMP for the Open Coast is due to expire in December 2021, and the estuaries do not have certified CMPs in place. Adopting the Scoping Study would allow the Shoalhaven CMP to proceed at the high priority locations as a basis for ongoing and future coastal management in the Shoalhaven.

As the coastal environment is dynamic, an expected risk for adoption of the Scoping Study is that not all future coastal management issues are easily identifiable. This risk is mitigated by appointment of local community representatives to the Coastal and Estuary Management Committees and Working Groups, to provide oversight to the process going forward to ensure that additional risks in key areas are captured in Stage 2 of the Coastal Management Process.

There is also a risk of significant effort being expended on studies or additional mapping where existing studies are still current and can be adopted in the interim. To mitigate this risk, the CMP Scoping Study has recommended reviewing these studies where necessary and provided justification/prioritisation for the proposed actions to enable the CMPs to progress in a timely fashion. The recommended fast-tracking process for the Shoalhaven Coastline (including Jervis Bay) CMP would enable this process to be well underway prior to the expiration of the existing CZMP in December 2021.

There is a risk of locking-in coastal management arrangements that are not working as well as intended. The risk of this is mitigated by providing oversight of the process from the CMP working groups, and reviews to the CMPs as required by the Coastal Management Act 2016.

The risks of not adopting the CMP Scoping Study and therefore not proceeding with CMPs at the high priority locations include:

· Risk of damage to infrastructure or impact on safety from lack of agreed management actions;

· Risk of a lack of agreement on management actions from responsible Government Agencies, which could delay their implementation and result in damage to the environment or infrastructure;

· Risk of ad-hoc management actions being undertaken without approval that can cause environmental damage, impact safety or place infrastructure at risk;

· Risk of inappropriate development being allowed in highly vulnerable areas where safety, the environment and infrastructure is at threat;

· Ongoing worsening of existing risks, leading to damage to the local economy and environment; and

· Risk of de-engaging and de-educating the community on coastal management issues, leading to political conflict.

Strategy and Assets Committee – Tuesday 09 June 2020

Page 0

SA20.100 Next Steps - Proposed Affordable Housing Development - Council Land, Coomea Street, Bomaderry

HPERM Ref: D20/11340

Section: Strategic Planning

Approver: Phil Costello, Director Planning Environment & Development Group

Attachments: 1. Attachment 1 - Process Overview - Coomea Street Affordable Housing Project ⇩

Reason for Report

Enable Council to formalise its approach to realise the intended affordable housing development on its site at Coomea Street, Bomaderry, or alternatively the approach that will be taken to make this site available for the desired affordable housing development.

Recommendation

That Council:

1. Engage at no cost via a Memorandum of Understanding (MOU) the NSW Department of Communities & Justice (DCJ) to assist Council in the delivery of Council’s vision of an affordable housing development consistent with the Shoalhaven Affordable Housing Strategy.

2. Contribute land known as 44-50 Coomea Street, Bomaderry via an Assistance/Funding Agreement with DCJ (the Secretary of the Department of Family and Community Services (FACS) – as the ‘Housing Agency’) to be used to construct an affordable housing development, conditional upon:

a. The land being used for long term Affordable Housing;

b. The capital contribution by Council being retained in perpetuity within the Shoalhaven Local Government Area;

c. Any change in use of the land must be approved by Council;

d. DCJ agreeing to Council staff, as nominated by the CEO, constituting part of any tender committee and ongoing steering committee established under the assistance/funding agreement; and

e. The Minister for DCJ directly appoint Southern Cross Housing as the Tier One registered Community Housing Provider (CHP) to build, own, manage and operate the affordable housing development as defined in the Community Housing Assistance Agreement entered into between the Secretary of the Department of Family and Community Services (FACS) – as the Housing Agency and Southern Cross Housing as the provider

3. Grant authorisation to DCJ (Housing Agency) to register an Interest in the Council land restricting dealings in the land without the consent of the Minister of DCJ (Housing Agency) consistent with Clause 14 of the Community Housing Providers (Adoption of National Law) Act 2012 (CHP Act)

4. Transfer as and when identified in the Assistance/Funding Agreement (Point 2 above) the ownership of 44-50 Coomea Street, Bomaderry to Southern Cross Housing for $1.00

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

Options

1. Adopt the recommendation as presented.

Implications: Council, with the assistance of NSW Department of Communities & Justice (DCJ), will be able to provide an expedient pathway to realise Council’s vision of an affordable housing development on its land at 44-50 Coomea Street Bomaderry. This option utilises the expertise of DCJ in the delivery of affordable housing and removes Council from risks associated with triggering a PPP, funding the development, ongoing management responsibility and future capital contributions.

This option arose following the previous briefing and potentially provides a cleaner more direct way of ensuring a beneficial affordable housing outcome on the site that is consistent with Council’s desired outcome, is likely to be realised in a timelier manner, and it enables access to the government funding for the actual development. Council also maintains a level of control over the final affordable housing outcome through the funding/assistance agreement whereby a project steering committee is established that has Council staff membership. The terms of reference for the steering committee also defines the inputs and accountabilities of each involved party.

Should Council want further detail on this option at this point it may be possible for staff to arrange a briefing between the Strategy & Assets Committee meeting and the Council meeting. This would provide an opportunity for more discussion on the matter and also not unduly delay its progress.

2. Adopt one of the alternate options detailed in the report to make the Council land in question available for an affordable housing development.

Implications: This option is open to Council to consider; the preference is however to proceed with the preferred option detailed in the report (Option 1 above).

3. Not proceed further in this regard.

Implications: This option is not recommended as it would be inconsistent with the adopted Shoalhaven Affordable Housing Strategy and the most recent November 2019 resolution.

Background

Options to realise this key affordable housing opportunity were considered by Council on 12 November 2019 and it was resolved (MIN19.844) that Council:

1. Restate its commitment to make the land that it owns in Coomea Street, Bomaderry available for an affordable housing development consistent with the adopted Shoalhaven Affordable Housing Strategy

2. Arrange a Councillor Briefing to discuss the options that are available in this regard and to help identify the preferred option to take this key opportunity forward in a timely manner, with the aim of making the site available for the proposed intended use in early 2020 (or sooner).

Site and Project Recap

The adopted Shoalhaven Affordable Housing Strategy (2018) identifies that the direct creation of affordable rental housing on Council land is the most effective strategy in the current and projected local housing context Partnering with a registered Community Housing Provider (CHP) and/or the private sector to realise this is the most effective way of delivering actual additional affordable housing.

The Council-held site at Coomea Street, Bomaderry is identified as the initial key ‘short term’ (within 3 years) opportunity site in this regard. As outlined in the November 2019 report the four housing lots that Council now owns in this location are the focus, and for ease of delivery, the existing small public car park (No.42) has now been excluded.

Numbers 44, 46, 48 and 50 Coomea Street now make up the proposal site (3,236 sqm) – these are shown on the following map. Council has also made a further approach to the owner to acquire 52 Coomea Street, with no response from the owner as this point in time.

Councillor Briefing

The resolved Councillor Briefing was held on 12 December 2019. This provided an opportunity for Council staff and Councillors to discuss the following:

· What we want to achieve:

o Outcome consistent with Council’s adopted Shoalhaven Affordable Housing Strategy.

o An ‘exemplar development’ – good design, showing what can be achieved and is needed (e.g. One-bedroom units/dwellings).

o Delivered with the right partners - Registered Tier 1 ‘Not for Profit’ CHP with proven experience in the delivery of affordable housing products and services in Shoalhaven and a proven track record partnering with local Non-Governmental Organisations (NGOs) and support providers.

· Key questions to consider:

o What level of involvement does Council want to have in the actual affordable housing development?

o Does Council ultimately expect to make a profit?

o What is the best way to make the site available (focus of the briefing and discussions)?

· Options to make site available and achieve the desired outcome:

o Previous November 2019 report – included a legal commentary on the ‘pros’ and ‘cons’ of the different options.

o Options Recap (November 2019 report) in order of least to most desirable:

Option 5 Partnership Approach – Public Private Partnership (PPP) – Not Recommended.

Comment – complexity around the PPP process and joint financing, uncertain outcome and potentially the longest delivery timeframe. Highest potential for disputes and conflict. Should be avoided if there are other options available.

Option 4 Sell with no restriction placed on use – Not Recommended.

Comment – the least certain option to actually provide affordable housing. Once sold Council loses control over the future use of the site as there is nothing binding the purchaser to actually develop and deliver affordable housing.

Option 3 Sell with use restrictions – Not Recommended.

Comment – May limit interested parties and any restrictions could be open to challenge. In 2019 the Inner West Council was unable to sustain the same position when challenged by developers.

Option 1(a) Council develop and own with commercial lease with CHP – Not recommended

Comment - Managing the debt and being certain that income is sufficient to cover expenses including debt, management fees and other outgoings. Government grant/Council funding dependant, commercial rent charged to the CHP renders project financially unviable.

Option 2 Council retain land. CHP lease or shared equity, fund/construct and manage – Not recommended

Comment – Clean option with Council owning the land and a CHP undertaking the rest. Dependent on Government grants or funding (e.g. through the National Housing Finance & Investment Corporation) and CHP ability to fund and/or borrow against a shared equity or lease interest.

If shared equity, Council’s land contribution would convert to a percentage ratio as a Tenant in Common (TIC) on title with the CHP being the other TIC. Development can be strata subdivided at an agreed future date with proceeds distributed per TIC percentages. High risk for Council as there is no protection if CHP goes into administration or de-registered.

If lease interest, the CHP would rely on cash flow only to secure funding to undertake the development. This raises issues with the reversion of the improvements at the end of the lease agreement and potential capital cost impediments for Council to recycle the property for ongoing affordable housing.

Option 1(b) Council develop and own with peppercorn lease (and management agreement) to CHP – Not recommended

Comment - Managing debt with no revenue, dependent on either Government grant or Council funding. Council is not eligible for funding through the National Housing Finance & Investment Corporation as Council is not a CHP. Council would need to borrow 100% of the construction costs. Full development risk attributed to Council with a depreciating asset and ongoing responsibility for maintenance, monitoring and management.

Following the December 2019 Councillor briefing, Council staff had the opportunity to meet earlier this year with senior staff from the “Community Housing & Pathways” Section within the NSW Department of Communities & Justice (DCJ) to discuss the site, the options discussed with Councillors (Options 1 to 5 above) and any other options available to Council to assist in the timely realisation and development of an exemplar affordable housing outcome on the subject site.

During this meeting, the senior staff from DCJ expressed a high desire to be collaborate and be part of this project to assist Council in bringing this desired development to fruition. As a result of this meeting the following additional Option 6 is now also presented:

Option 6 Partnering with NSW Department of Communities & Justice (DCJ) – Recommended as Preferred Option

Having DCJ involved brings solutions to a number of gaps identified in the five options presented at the December 2019 briefing (summarised above). These solutions take the form of:

1. Protection under the “Community Housing Providers (Adoption of National Law) Act 2012

Note: This is legislative protection as the CHP Act 2012 is the defining legislation that all CHP’s must operate under. The Act establishes the ‘Registrar’ who ensures CHP compliance and can deregister a CHP if needed. The Act also contains other relevant provisions including how the Housing Agency can place an interest on the land. The Housing Agency is essentially the Secretary of the NSW Department of Family & Community Services.

2. Restricting dealings in the land, subject to Ministerial consent

Note: This is similar to a notation on the title to Crown Land that is reserved under Part 5 of the Crown Land Act. It enables restrictions to be placed on land transfer or other dealings without the consent of the Housing Agency.

3. Guaranteeing Council’s capital investment remains within the Shoalhaven LGA in perpetuity

4. Note: This is because the funding/assistance agreement and the community housing assistance agreements require any capital investment by Council to be retained in Shoalhaven. This offsets transferring the land for $1 to the CHP.

5. Direct dealing with Southern Cross Housing and assistance with well-defined outcomes including details of the project, delivery timeline, CHP debt & equity; leverage targets and tenanting identification and ratios

6. Mandatory “Community Housing Agreement” between the Secretary of the NSW Department of Family & Community Services and the CHP. This document sets out the conditions precedent to the CHP being entitled to assistance and the terms on which the assistance may be used.

7. In this instance the assistance provided is Council’s Coomea Street properties offered under the Funding/Assistance Agreement entered into between Council and the Secretary of the NSW Department of Family & Community Services.

8. The CHP are able to progress the project through their ability to access funding from the Department. The CHP has expertise in delivery of this form of housing and it is the core service that they provide.

9. Ongoing CHP performance monitoring by the Secretary of the NSW Department of Family & Community Services

10. Protection in the event that the CHP becomes insolvent or has their registration cancelled, the Housing Agency can vest the property to themselves or a new specified CHP. The new CHP must sign a Community Housing Assistance Agreement within 40 days

11. Land transfer to the CHP will enable maximum debt and equity contributions from the CHP to facilitate the construction of a modern mixed tenure development. Title transfer may also enable the CHP to receive other grant funding from State or Commonwealth governments

12. Note: transfer of the land would not occur until all other funding is obtained by the CHP. The timing of the transfer is ultimately dictated by Council and detailed in the funding/assistance agreement.

13. No risk of a public private partnership (PPP) being triggered

Comment: This is essentially because the land is transferred to a CHP under a funding/assistance agreement between Council and DCJ; there is an interest placed on the title by DCJ under the CHP Act 2012; and the eventual affordable housing development is an undertaking between DCJ and the CHP under a Community Housing Assistance Agreement.

14. Council would be able to use DCJ’s existing infrastructure around CHP contract management/ compliance and procurement etc.

15. Once debts are paid, under the contract the CHP can be required to leverage any surpluses from the project to deliver more affordable housing off site within the LGA. This means that any surpluses generated are reinvested to support tenants and supply new social and affordable housing.

16. Note: Any surplus can be used as cash flow to fund other affordable housing projects within Shoalhaven and this is again stipulated within the funding/assistance agreement and the community housing assistance agreement.

The diagram provided as Attachment 1 to this report provides an overview of the process that would be involved or followed in the recommended Option 6 is accepted and pursued.

Conclusion - Preferred Option/s

There seemed to be some consensus from those present at the Councillor Briefing in December 2019 that the two favoured options at that point were Option 1(b) and Option 2.

Both options would see Council retaining ownership of the land in the long term, but Option 1(b) is dependent on being able to obtain Government funding to assist in the realisation of the project.

It was further discussed that if no external funding is available to realise Option 1(b) then it was agreed that Option 2 would also provide a suitable way forward.

However, as a result of the subsequent meeting with DCJ and on further review Council staff consider that the most expedient and risk adverse way to deliver the actual outcome outlined in the adopted Shoalhaven Affordable Housing Strategy is to proceed with the recommended (Option 6) delivery methodology.

Community Engagement

Given that 44 to 50 Coomea Street, Bomaderry is ‘operational’ land there is no specific requirement under the NSW Local Government Act 1993 to undertake community consultation to implement the specific actions outlined in the report.

Notwithstanding this, the Shoalhaven Affordable Housing Strategy was prepared with detailed community engagement and was adopted by adoption by Council in late 2017 and formally released in early 2018. Strategy 2 within this document is as follows:

“Council will dedicate one Council owned site for affordable housing partnerships in the short term in Nowra-Bomaderry, with the potential to expand development opportunities on additional land in this precinct; and will investigate other Council or publicly owned sites that could be dedicated to affordable housing partnerships in the medium- and longer term.”

Once the tenure mechanism is resolved, the actual future development of the site will be subject to a detailed planning process.

Policy Implications

There are no immediate policy implications; however, the recommended actions are in line with:

1. The adopted Shoalhaven Affordable Housing Strategy 2018; and

2. Community Housing Providers (Adoption of National Law) Act 2012

Note: the above act is administered jointly by Melinda Pavey MP, NSW Minister for Water, Property and Housing and Gareth Ward MP, NSW Minister for Families, Communities and Disability Services (who is also the Member for Kiama the electorate within which the subject land sits).

Financial Implications

In proceeding as recommended (Option 6), Council needs to be cognisant that this will result in the transfer of 44 to 50 Coomea Street, Bomaderry to Southern Cross Housing for $1.

This will result in a financial write down by Council of the assets at the following book values:

Land: $1,125,450

Buildings: $623,563

Total: $1,749,013

This could also be considered financially assisting others under Section 356 of the NSW Local Government Act 1993.

Outside the above, in proceeding with the recommendation (Option 6) there are no other financial costs attributed to Council other than:

· legal costs associated with the land transfer; and

· potentially any legal advice should Council wish to seek same; and

· Survey and associated costs in undertaking a plan of consolidation of titles across the site.

It is noted that the DCJ in aiding in this process will not charge Council any fees. Their mandate is the delivery of affordable housing and the provision of support to organisations to achieve that.

Risk Implications

Council is not set up as housing agency and direct provision of housing is not its core business. By using the facility available under the CHP Act and using existing CHP procurement and contract management infrastructure within the Department of Communities and Justice (DCJ) significant risk can be avoided whilst engaging with the right partner/s - with proven experience in the delivery of affordable housing products and services in Shoalhaven and a proven track record partnering with local Non-Governmental Organisations (NGOs) and support providers.

DCJ has overseen the delivery of more than 5000 affordable housing units through its contractual relationships with CHPs under various programs including Commonwealth’s National Rental Affordability Scheme (NRAS).

Estimated Annualised Total capital, Operating & M&R

Capital Cost/ Depreciation	$ 18,000
Annualised Operating costs	$ 1,000
Annualised Minor M&R - Not covered by the Tennis Club volunteers (ie replacement of doors, painting, light switches, gutter cleaning and roof repairs)	$ 3,000
Total Estimated Annualised capital, Operating & M&R	$22,000

Tenderer	Location(s)
Polytrade Pty Ltd t/as Polytrade Recycling	Head office: Campbellfield, VIC MRF: Enfield, NSW
QSSR Pty Ltd t/as Shoalhaven Recycling	Office: Bomaderry, NSW MRF: Bomaderry, NSW
Suez Recycling & Recovery Pty Ltd	Head office: Rhodes, NSW Local office: South Nowra, NSW MRFs: Moruya and Spring Farm, NSW

Particulars	Amount	Eligible Refund?
Occupation Certificate (OC) fees	$319.00	No
Development Application (DA) fees	$244.00	Yes
Construction Certificate (CC) fees	$274.56	No
Archive Fee	$43.00	No
Advertising	$205.00	No

Total fees eligible for refund	$244.00


Development Application (DA) fees	$645.00	Yes


Total fees eligible for refund	$650.00

Lessee	Berry Tennis Club Incorporated
Lessor	Shoalhaven City Council
Premises	The building, improvements and curtilage associated with the tennis courts on Part Lot 1 DP 1139157 & Part Lot 55 DP 1188161
Term	Five (5) Years
Option	Five (5) years
Rent	$3,466 ($866.50 per court) plus GST per annum, payable monthly in advance
Rent Review	Annually to CPI
Percentage of Outgoings to the club	100% of separately metered utilities fully paid by the club 100% of garbage charges
Permitted Use	Sports Ground
Public Risk Insurance	Twenty million dollars ($20,000,000)