Agenda of Strategy and Assets Committee

Minutes of the Strategy and Assets Committee

Meeting Date: Tuesday, 9 June 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)

Clr Nina Digiglio – (Remotely)

Clr Annette Alldrick – (Remotely) – left 7.33pm

Clr John Levett

Clr Andrew Guile – (Remotely)

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener – (Remotely)

Clr Bob Proudfoot

Mr Stephen Dunshea - Chief Executive Officer

Apologies / Leave of Absence

Nil

Confirmation of the Minutes

Recommendation

That the Minutes of the Strategy and Assets Committee held on Tuesday 12 May 2020 be confirmed.

RESOLVED (Clr Findley / Clr White) MIN20.395

That the Minutes of the Strategy and Assets Committee held on Tuesday 12 May 2020 be confirmed, with the following amendment:

Item SA20.68 - unmade road adjoining Lot 24 Sec 1 DP 9182 - 11 Grandview St, Erowal Bay: Clr White voted for the Foreshadowed Motion.

CARRIED

Declarations of Interest

Clr Wells - SA20.94 Nowra Golf Course - Proposed Leases to Bomaderry Bowling Club Ltd – Less than Significant Non-pecuniary Interest Declaration – he is a social member of the Bomaderry Bowling Club – Will remain in the room and take part in discussion and vote.

Clr Gash - SA20.94 Nowra Golf Course - Proposed Leases to Bomaderry Bowling Club Ltd – Less than Significant Non-pecuniary Interest Declaration – she is a social member of the Bomaderry Bowling Club – Will remain in the room and take part in discussion and vote.

Call Over of the Business Paper

The following items including all Notices of Motion were called up for debate:

SA20.75, SA20.76, SA20.77, SA20.78, SA20.79, SA20.80, SA20.81, SA20.82, SA20.83, SA20.86, SA20.94, SA20.95, SA20.97, SA20.100, SA20.101, SA20.102, CSA20.7, CSA20.8

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

Mayoral Minutes

Nil

Deputations and Presentations

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

SA20.75 - Notice of Motion - DA19/2160 - 1 Princess Av South Burrill Lake - Lot 47 DP 1051945 - Edgewater Motel Development

Jan Gregory

SA20.80 - Interim Report Dog Off-Leash Policy Review

Dr Cecelia Cmielewski and Dr Nigel Helyer

Jim and Mary Tzavaras

Shane Jasiak

Jan Gregory

Peter Murray

Boyd Walters

Stephen Campbell

Gemma Cordeiro

Paws4Thought Shoalhaven

Beth Schiller

Jennifer Campbell

Liz Reid

Kate Thomson

Paul Mitchell

Kate Knight

SA20.82 - Destination Parks

Vincentia Ratepayers & Residents Association

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

George Kruk, Collingwood Beach Preservation Group

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

Southern Cross Community Housing

SA20.102 - Notice of Motion - Far North Collector Road - Upgrade of Taylors Lane

Brad Stanton

Russell Field

Tony and Gayle Enright

Presentation of Petitions

Clr White presented a petition containing 1,101 signatures which states: Dog Off-leash Access Area at Dolphin Point and Eastern Section of Lions Park – The Undersigned residents and ratepayers request Shoalhaven City Council give urgent attention to creating an “Off-Leash Area” on the beach at designated times from Dolphin Point reserve (at the inlet) past Dolphin Point Tourist Park and alongside Lions Park including the eastern section of the Park. Off leash times during winter months hours 3.00pm to 10.00am and Summer Months hours 4.00pm to 10.00am.

The reasoning behind this petition is:

1. To provide a flat and accessible walking area for all local residents. This includes those who may not be able to drive the 10 kms to Collers or Narrawallee Beach, and those from other local areas who may have mobility issues and therefore have difficulty in accessing Collers beach and the Harbour beach.

2. To foster the responsible sharing of the area between all users; to provide an enjoyable environment for exercise and recreation for non-dog owners and dog owners alike; and, to better cater for the growing number of tourists that travel to the area with their dogs.

Notices of Motion / Questions on Notice

SA20.75 Notice of Motion - DA19/2160 - 1 Princess Av South Burrill Lake - Lot 47 DP 1051945 - Edgewater Motel development

HPERM Ref: D20/207587

Recommendation (Item to be determined under delegated authority)

That Council call in DA19/2160 Princess Ave Burrill Lake – Edgewater Motel development – for determination by Council. The application is not to be determined under delegated authority due to the high level of community interest and concern.

MOTION (Clr Proudfoot / Clr Levett) MIN20.396

That Council

1. Call in DA19/2160 Princess Ave Burrill Lake – Edgewater Motel development – for determination by Council. The application is not to be determined under delegated authority due to the high level of community interest and concern.

2. Hold an onsite meeting with Council staff and Councillors prior to the meeting at which the Development Application will be considered.

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

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

LOST

Clr Findley raised a Point of Order against Clr Guile for making personal reflections bringing Council into disrepute. The Chairperson ruled this was not a Point of Order. Clr Guile withdrew his comments.

SA20.76 Notice of Motion - Berry Spinners and Weavers

HPERM Ref: D20/195634

Recommendation (Item to be determined under delegated authority)

That

1. Council make every endeavour to locate, build or refurnish a building to house the Berry Spinners and Weavers in Berry.

2. Council form a working party of three members from Berry Spinner and Weavers and three available Councillors to develop a solution for a permanent home for Berry Spinner and Weavers which has the following Councillor members.

a. Clr (insert name)

b. Clr (insert name)

c. Clr (insert name)

3. Once a preferred option has been identified and the project is shovel ready Council consider funding in a future budget and also make applications for grant funding to assist with refurbishment and/or construction works.

4. The use of loan funding be considered.

RESOLVED (Clr White / Clr Pakes) MIN20.397

That

1. Council make every endeavour to locate, build or refurnish a building to house the Berry Spinners and Weavers in Berry.

2. Council form a working party of Council staff, three members from Berry Spinner and Weavers and three available Councillors to develop a solution for a permanent home for Berry Spinner and Weavers which has the following Councillor members.

a. Clr Watson

b. Clr Wells

c. Clr Digiglio

4. The use of loan funding be considered.

CARRIED

SA20.77 Notice of Motion - Clifton Street Dog Park - Sanctuary Point

HPERM Ref: D20/208501

Recommendation (Item to be determined under delegated authority)

That Council provide details as to the existing facilities for the Clifton Street dog park in Sanctuary Point and to provide details of future facilities to be provided in that location.

RESOLVED (Clr Gash / Clr Proudfoot) MIN20.398

That Council

1. Provide details as to the existing facilities for the Clifton Street dog park in Sanctuary Point and provide details of future facilities to be provided in that location.

2. Staff implement improvements identified as operational matters in the interim.

CARRIED

Introduction of Items as Matters of Urgency

MOTION (Clr Pakes / Clr Gash)

That the following addendum report be introduced as matters of urgency:

1. SA20.102 Notice of Motion - Far North Collector Road - Upgrade of Taylors Lane, Cambewarra

The Chairperson ruled the matter as one of urgency as it relates to urgent business of Council and allowed their introduction on the basis it had been omitted from the Agenda in error.

Procedural Motion - Bring Item Forward

RESOLVED (Clr Pakes / Clr Gash) MIN20.399

That the matter of item SA20.102 - Notice of Motion - Far North Collector Road - Upgrade of Taylors Lane, Cambewarra be brought forward for consideration.

CARRIED

SA20.102 Notice of Motion - Far North Collector Road - Upgrade of Taylors Lane, Cambewarra

HPERM Ref: D20/214050

Recommendation (Item to be determined under delegated authority)

That Council adopt an alternate option to upgrade the part of Taylors Lane shown on drawing 5505.02 (amended) in accordance with Option 1a which is to provide a 19.9 metre infrastructure corridor to coincide with the approximate existing southern edge of seal of Taylors Lane with the following characteristics:

1. Widen the road reserve to the north of the southern edge of seal;

2. Retain the existing southern stand of trees and remove as many trees as required on the northern side to enable the construction of a trafficable two lane road;

3. Plant suitable native street trees along the northern side of the upgraded Taylors Lane to complement driveways, services and drainage;

4. Undertake a thorough assessment of all remaining trees by a qualified arborist and undertake works as necessary to minimise public risk;

5. Undertake to develop a biodiversity area equivalent to 150 percent of the area of trees which would have been removed under Option 4 of Taylors Lane in the area of Bomaderry Creek, be revegetated: and

6. Proceed to Submit Option 1a to a community consultation process.

RESOLVED (Clr Wells / Clr Pakes) MIN20.400

1. Widen the road reserve to the north of the southern edge of seal;

2. Retain the existing southern stand of trees and remove as many trees as required on the northern side to enable the construction of a trafficable two lane road;

3. Plant suitable native street trees along the northern side of the upgraded Taylors Lane to complement driveways, services and drainage;

4. Undertake a thorough assessment of all remaining trees by a qualified arborist and undertake works as necessary to minimise public risk;

6. Proceed to Submit Option 1a to a community consultation process.

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 Alldrick, Clr Digiglio and Clr Levett

CARRIED

Note: The above Resolution supersedes Council’s previous Resolution MIN20.337 of the Strategy and Assets Committee on 12 May 2020 on this matter.

Note: A rescission motion was received on this item.

Reports

SA20.78 Infrastructure Australia - feedback on Council's nomination for 2020 Infrastructure Priority List

HPERM Ref: D20/202205

Recommendation (Item to be determined under delegated authority)

That Council:

1. Note the feedback from Infrastructure Australia on its 3 projects nominated for inclusion in the 2020 Infrastructure Priority List

2. Continue to work with Infrastructure Australia and other agencies to secure infrastructure enhancements for the projects nominated, being:

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

b. East West road freight corridor from Nowra – Beyond Nerriga upgrade to Tarago and Goulburn

c. Nowra Bomaderry Transport Strategy – to address congestion in and around the Shoalhaven River crossing

RESOLVED (Clr White / Clr Proudfoot) MIN20.401

That Council:

1. Note the feedback from Infrastructure Australia on its 3 projects nominated for inclusion in the 2020 Infrastructure Priority List

2. Continue to work with Infrastructure Australia and other agencies to secure infrastructure enhancements for the projects nominated, being:

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

b. East West road freight corridor from Nowra – Beyond Nerriga upgrade to Tarago and Goulburn

c. Nowra Bomaderry Transport Strategy – to address congestion in and around the Shoalhaven River crossing.

CARRIED

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

HPERM Ref: D20/60628

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.

RESOLVED (Clr White / Clr Findley) MIN20.402

That Council:

1. Endorse 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.

For: Clr Wells, Clr Findley, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against: Clr Gash, Clr Guile and Clr Pakes

CARRIED

SA20.80 Interim Report Dog Off-Leash Policy Review

HPERM Ref: D20/19498

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.

RESOLVED (Clr White / Clr Proudfoot) MIN20.403

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.

3. Support the provision of in-kind contributions from Council to the value of $29,850 to formalise the dog off leash area at Thurgate Oval in the form of letters of support, site survey, waiver of development fees, rubbish bins, landscaping materials and water supply reticulation to Bomaderry Community Inc in their endeavours to obtain grant and other funding for this project.

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

5. Ensure that Council Rangers continue to patrol the Paradise Beach Sanctuary Point and South Narrawallee Beach areas on a regular basis to reinforce that dogs must be on a leash.

CARRIED

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

HPERM Ref: D20/146706

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.

RESOLVED (Clr Proudfoot / Clr Pakes) MIN20.404

That Council:

1. Proceed to design for new amenities (knock down / rebuild) 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.

CARRIED

SA20.82 Destination Parks

HPERM Ref: D20/60365

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)

RESOLVED (Clr White / Clr Pakes) MIN20.405

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)

For: Clr Wells, Clr Gash, Clr Findley, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Guile, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea

Against: Clr Levett

CARRIED

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

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.

RESOLVED (Clr Pakes / Clr Findley) MIN20.406

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.

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.

5. Staff consult with the Integrated Emergency Management Centre agencies then report back to Council on a separate Memorial to be constructed at the Integrated Emergency Management Centre, in respect for 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.

CARRIED

The following items marked with an * were resolved ‘en bloc’.

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

HPERM Ref: D20/193640

RESOLVED* (Clr White / Clr Guile) MIN20.407

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 Council’s 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.

CARRIED

SA20.85 2019/2020 Council Borrowings - Loan Agreement - Holiday Haven

HPERM Ref: D20/203949

RECOMMENDATION* (Clr White / Clr Guile)

That Council:

1. Enter into a loan agreement with National Australia Bank Limited for the amount of $1,528,500 with a term of 10 years @ 2.177% to cover Holiday Haven’s borrowing requirements that were included in 2019/20 Operational Plan.

2. Execute the following documents under the Seal of Council:

a. Letter of offer.

b. Authorised representative certificate.

c. Compliance certificate.

CARRIED

SA20.86 March 2020 Quarterly Budget Review

HPERM Ref: D20/204355

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.

RECOMMENDATION (Clr Findley / Clr Wells)

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.

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.

CARRIED

Procedural Motion - Adjournment of Meeting

Motion (Clr Pakes / Clr White)

That the meeting be adjourned until 7.56pm.

Note: The meeting adjourned, the time being 7.33pm

Note: The meeting reconvened, the time being 7.56pm

When the following members were present:

Clr John Wells - Chairperson

Clr Joanna Gash

Clr Amanda Findley – (Remotely)

Clr Patricia White

Clr Kaye Gartner – (Remotely)

Clr Nina Digiglio – (Remotely)

Clr John Levett

Clr Andrew Guile – (Remotely)

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener – (Remotely)

Clr Bob Proudfoot

Mr Stephen Dunshea - Chief Executive Officer

The following items marked with an * were resolved ‘en bloc’.

SA20.87 Proposed Lease of Part Lot 55 DP 1188161 & Part Lot 1 DP 1139157 - Berry Tennis Courts

HPERM Ref: D19/390898

RECOMMENDATION* (Clr White / Clr Guile)

That Council:

1. Enter into a Five (5) year lease agreement, with a Five (5) year option period over Part Lot 55 DP 1188161 & Part Lot 1 DP 1139157, Woodhill Mountain Road, Berry to Berry Tennis Club at a commencement rent of $3,466 plus GST per annum with annual CPI increases. Noting that

a. The estimated Whole of Life costing of the facility is approximately $22,000 per annum.

b. The Berry Tennis Club will be responsible for routine maintenance and repairs at the facility.

2. Restrict the rent received, via a Restricted Asset Account established for Berry Tennis Club, with the funds contributing towards the cost of resurfacing of the four tennis courts, repair/replacement of existing fencing and floodlighting (8 poles).

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.

CARRIED

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

HPERM Ref: D20/76196

RECOMMENDATION* (Clr White / Clr Guile)

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.

CARRIED

SA20.89 Classification of Land - Lot 2 DP 591885 - 3 Schofields Lane, Nowra

HPERM Ref: D20/149017

RECOMMENDATION* (Clr White / Clr Guile)

That Council classifies the land described as Lot 2 DP 591885 known as 3 Schofields Lane, Nowra as Operational Land.

CARRIED

SA20.90 Classification of Land - Lot 1 DP 1256763 - Yalwal Road, Yalwal

HPERM Ref: D20/150873

RECOMMENDATION* (Clr White / Clr Guile)

That Council classifies the land described as Lot 1 DP 1256763 known as Yalwal Road, Yalwal as Operational Land.

CARRIED

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

HPERM Ref: D20/152174

RECOMMENDATION* (Clr White / Clr Guile)

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.

CARRIED

SA20.92 Classification of Land - Lot 8 DP 1255835 Currarong Road Kinghorne

HPERM Ref: D20/173414

RECOMMENDATION* (Clr White / Clr Guile)

That Council classify the land described as Lot 8 DP 1255835 Currarong Road Kinghorne, as Operational Land.

CARRIED

SA20.93 Proposed Acquisition of Land - Moss Vale Road South Urban Release Area

HPERM Ref: D20/173871

RESOLVED* (Clr White / Clr Guile) MIN20.408

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

CARRIED

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

HPERM Ref: D20/186416

Clr Wells – Less than significant non-pecuniary Interest declaration – he is a social member of the Bomaderry Bowling Club – Remained in the room and took part in discussion and voted.

Clr Gash – Less than significant non-pecuniary Interest declaration – she is a social member of the Bomaderry Bowling Club – Remained in the room and took part in discussion and voted.

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 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.

RECOMMENDATION (Clr Watson / Clr Wells)

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.

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

CARRIED

SA20.95 Greenwell Point Boat Ramp - Public Amenity

HPERM Ref: D20/85918

Recommendation (Item to be determined under delegated authority)

That Council notes that:

1. The Greenwell Point public amenity (Titania Reserve) is currently ranked sixth on the Public Amenity Priority List (in the proposed draft Public Amenity Priority Listing for 2020).

2. An amount of $30,000 for design is proposed in the 20/21 FY and $400,000 for construct is proposed in the 21/22 FY as per of Draft 10 Year Capital Program Listing.

3. Port-a-loos cost approximately $170 per unit per week (based on a 6-week hire during peak holiday periods). This includes delivery, pump-out and cleaning. The CEO (Director Assets and Works) will monitor the need for this temporary service and take action accordingly.

RESOLVED (Clr Pakes / Clr Proudfoot) MIN20.409

That Council notes that:

1. The Greenwell Point public amenity (Titania Reserve) is currently ranked sixth on the Public Amenity Priority List (in the proposed draft Public Amenity Priority Listing for 2020).

2. An amount of $30,000 for design is proposed in the 20/21 FY and $400,000 for construct is proposed in the 21/22 FY as per of Draft 10 Year Capital Program Listing.

CARRIED

SA20.96 Tenders - Processing of Kerbside Recycling Materials

HPERM Ref: D20/186523

RESOLVED* (Clr White / Clr Guile) MIN20.410

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

CARRIED

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

HPERM Ref: D19/444132

Recommendation

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.

RECOMMENDATION (Clr White / Clr Proudfoot)

1. Formation of the proposed North, Central, and Southern Coast and Estuary Management Committees and coastal management program working groups, the following Councillors to be Chairpersons:

Ward 1 Clr. John Wells

Ward 2 Clr. Bob Proudfoot

Ward 3 Clr. Patricia White

2. CMPs priority and timeline for completion as follows:

Coastal Management Program Priority	Timeline for Completion
Lake Conjola Estuary	2021
Shoalhaven Coastline (update)	2021
Jervis Bay (Stand-alone)	2021
Sussex Inlet/Swan Lake Berrara (Stand-alone)	2022
St Georges Basin	2022
Lower Shoalhaven River	2022
Lake Wollumboola	2023
Burrill Lake Lake Tabourie Lake Willinga	2023
Currambene Creek, Moona Moona Creek	2024
Shoalhaven Urban & Rural Estuaries	2025

3. Seek additional grant funding where required to undertake assessments as detailed in the Scoping Study.

4. Council allocate funding as follows:

a. Additional $497,500 (including additional funding for a stand-alone Jervis Bay, St Georges Basin, Sussex Inlet/Swan Lake/Berrara) in 2020/21, to provide 50% contribution to the above grants and revise section 7 of the Scoping Study accordingly.

b. Long Term financial plan from 2021/22 each year to match approved grant funding, to continue CMPs.

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

CARRIED

SA20.98 Request - Refund DA Fees - Seventh Day Adventist Church (South NSW Conference) - DA19/1944

HPERM Ref: D20/147035

RESOLVED* (Clr White / Clr Guile) MIN20.411

That Council:

1. In accordance with Council’s Policy POL20/11, reimburse the relevant development application fees as identified in the report for DA19/1944 lodged by Roger G Kerr amounting to $244.00.

2. Fund the reimbursement from the Planning, Environment & Development Group (PE&D) budget.

CARRIED

SA20.99 Request - Refund DA Fees - CareSouth - DS20/1113

HPERM Ref: D20/184916

RESOLVED* (Clr White / Clr Guile) MIN20.412

That Council:

1. In accordance with Council’s Policy POL20/11, reimburse the relevant development application fees as identified in the report for DS20/1113 lodged by MMJ Real Estate Wollongong amounting to $650.00.

2. Fund the reimbursement from the Planning, Environment & Development Group (PE&D) budget with an appropriate adjustment made to the budget at a future quarterly budget review.

CARRIED

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

HPERM Ref: D20/11340

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.

RECOMMENDATION (Clr Findley / Clr White)

That Council:

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

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, noting that this will reflect a financial contribution from Council to the affordable housing project in the form of property assets valued at $1.75 million plus legal and administrative costs.

CARRIED

SA20.101 Companion Animals - Management of Feral and Infant Cats and Dogs POL18/40

HPERM Ref: D20/159117

Recommendation (Item to be determined under delegated authority)

That Council adopt the reviewed Companion Animals – Management of Feral and Infant Cats and Dogs Policy.

RESOLVED (Clr White / Clr Pakes) MIN20.413

That Council adopt the reviewed Companion Animals – Management of Feral and Infant Cats and Dogs Policy.

CARRIED

Addendum Reports

SA20.102 Notice of Motion - Far North Collector Road - Upgrade of Taylors Lane, Cambewarra

HPERM Ref: D20/214050

Item dealt with earlier in the meeting see MIN20.400

Confidential Reports

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

No members of the public made representations.

RESOLVED (Clr Pakes / Clr White) MIN20.414

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

CSA20.7 Proposed Acquisition of Land - Moss Vale Road South Urban Release Area

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

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

CSA20.8 Tenders – Confidential Report - Processing of Kerbside Recycling Materials

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

CARRIED

The meeting moved into confidential the time being 8.41pm.

The meeting moved into open session, the time being 8.44pm.

Report from confidential session

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

CSA20.8 Tenders – Confidential Report - Processing of Kerbside Recycling Materials

HPERM Ref: D20/186586

RESOLVED MIN20.415C

That

1. Council (Strategy and Assets Committee) endorse the Tender Evaluation Panel’s recommendation and accept the Tender from Suez Recycling & Recovery Pty Ltd for the provision of a recyclables processing service (domestic kerbside recycling - Tender Reference 63845E) at an estimated cost in the 20/21 financial year of $1,511,310 (excluding GST).

2. The contract documents and any other associated documents be executed on behalf of the Council in accordance with Clause 165 of the Local Government Regulation by the Chief Executive Officer (Group Director Assets and Works).

CARRIED

Note: A Rescission Motion was received in relation to SA20.102 Notice Of Motion - Far North Collector Road - Upgrade of Taylors Lane, Cambewarra signed by Clr Digiglio, Clr Findley and Clr Levett.

There being no further business, the meeting concluded, the time being 8.46pm.

Clr Wells

CHAIRPERSON

Strategy and Assets Committee – Tuesday 21 July 2020

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SA20.115 Update and Acceptance of Grants - NSW Showground Stimulus Funding

HPERM Ref: D20/300818

Section: Recreation Community & Culture

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

Reason for Report

To advise that Council has entered into NSW Showground Stimulus Funding Program Round 1 Agreement for a total of $670,483 (GST incl), and to provide an update on applications submitted to Round 2 of the program.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Notes the Round 1 agreements that have been entered, and Round 2 grant applications that have been submitted for the NSW Government ‘Showground Stimulus Funding’ program.

2. Proceed to execute the Funding Deeds for Round 1 projects in consultation with the Management Committees and Show Societies.

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 Round 2 of this program.

5. Write to The Honourable Robert Stokes MP, Minister for Planning, The Honourable Shelley Hancock MP, Minister for Local Government, and Public Spaces Department of Planning, Industry and Environment – Crown Lands to thank them for the grant funding.

Options

1. Council adopt the recommendation as written.

Implications:

Economic and social benefits to the region, as identified in the objectives of the funding program, including:

· Protect public health and safety, and enhance community use and experience of showgrounds

· Maximise opportunities for economic growth relating to showgrounds

· Provide facilities that support a range of showground users

· Promote the sustainability of showgrounds

· Supports local business opportunities and promote greater financial sustainability for the community

Improved facilities, as requested by community user groups, will be provided at the four Shoalhaven showgrounds for the enjoyment of visitors, user groups and campers, including:

· Accessible pathway, amenities and laundry at Milton Showground camping and recreational facility

· Improvements to lighting, air conditioning, carpet and fencing at Nowra Showground

· Improvements to the visual amenity, air conditioning and fencing at Berry Showground

· Air conditioning and main arena fencing at Kangaroo Valley Showground

If Round 2 applications are successful, new infrastructure will include:

· Generator connections for emergency power at all showgrounds

· Solar panels and batteries at all showgrounds, providing operational cost savings and resilience in the event of power outages

· Improved cattle yard and repairs to the basketball stadium at Milton Showground

· Improvements for the Poultry Pavilion, Committee Room kitchen, safety fencing for woodchop events, 4^th floodlighting pole on main arena and cattle yard fencing at Nowra Showground

· Replace Animal Nursery painting and roofing for the Pavilion at Berry Showground

· Drainage and surface reshaping in the main arena, under-floor insulation in the hall, and carpark resurfacing at Kangaroo Valley Showground

2. An alternative resolution be proposed.

Implications: Funding has been approved and a funding offer made; an alternative resolution may result in funds being denied.

Background

The NSW Government has allocated $25 million, over two years, for a Showground Stimulus Package for showground upgrades and maintenance works across NSW.

Council’s Round 1 and proposed Round 2 applications were reported to Council’s Strategy and Assets Committee 12 May 2020 (MIN20.333). This report provides an update to the information supplied in the previous report, including the acceptance of Round 1 offers, and some amendments to the final applications for Round 2.

The objectives of the Showgrounds Stimulus Funding program are to:

· Protect public health and safety, and enhance community use and experience of showgrounds

· Maximise opportunities for economic growth relating to showgrounds

· Provide facilities that support a range showground uses

· Promote the sustainability of showgrounds across NSW

· Stimulate economic growth over short-term timeframes in local economies impacted by the Covid-19 pandemic

· Improve safety and/or enhance community use and experience of showground assets

· To the greatest extent possible, engage local trades and suppliers

· Support business opportunities and promote greater financial sustainability for community

Council has made applications for all showgrounds in the each of the two funding Rounds.

In accordance with the resolution funding agreements have been entered into, to a total of $670,483 (GST incl) with the Department of Planning, Industry and Environment – Crown Lands for Round 1 projects. Following further investigations Round 2 proposals have been amended, with some projects added or removed from the applications.

The following table identifies funding that has been approved in Round 1, and applications that have been submitted to Round 2.

Round 1 projects are to be completed by 15 September 2020, excepting the amenities block at Milton Showground, which was a late additional offer, and is due for completion by 2 October 2020. It is likely that an extension may need to be requested for the amenities project, however staff will make every effort to meet the completion date as identified in the Funding Deed.

Council would like to thank the Show Societies and Management Committees for their ongoing support of these essential community facilities, and the commitment of their time and prompt assistance in developing these project proposals.

Rounds 1 & 2 Applications
$ GST Incl.	Description
*Milton Showground*
Round 1 Applications - Successful
$101,667	Stage 1 & 2 all-access pathway joining Secretary’s Office, past the Outdoor Dining Area and south to the Cattle Yard entry to Main Arena
$200,000	All-access Amenities block (single shower & toilet unit + laundry facility) – adjacent to south wall of Outdoor Dining Area
$301,667	Total funding allocated
Round 2 Applications – Submitted 29 May 2020
$29,130	Repair cattle yard fencing
$30,113	Replace louvre windows – Southern Basketball Stadium
$25,668	Solar power and battery, plus generator connection
$84,911	Total funding applied for
*Nowra Showground*
Round 1 Applications - Successful
$24,300	Upgrade floodlighting for Woodchop Area
$22,495	Upgrade air conditioning – Pavilion
$32,374	New carpet – Pavilion
$65,000	Complete Main Arena fencing
$150,078	Total funding allocated
Round 2 Applications – Submitted 29 May 2020
$15,031	Drainage work for Poultry Pavilion
$18,870	Repairs to building and install ventilation – Poultry Pavilion
$16,068	Replace Committee Room kitchen cabinets, oven and cooktop
$12,000	Woodchop Arena – safety fencing
$76,361	Final floodlighting pole for main arena (1 pole with 8 lights) - 3 other poles with floodlights are existing on the arena
$25,668	Solar power and battery, plus generator connection
$38,150	Repairs – cattle ring fencing
$202,148	Total funding applied for
*Berry Showground*
Round 1 Applications - Successful
$7,730	Refurbish Pavilion Annex wall cladding
$8,850	Air conditioning – Grandstand Cafe
$65,044	Stage 1 & 2 showground perimeter fencing
$88,238	Total funding allocated
Round 2 Applications – Submitted 29 May 2020
$69,348	Animal Nursery – replace existing building, removing internal pillars
$20,780	External Paint - Pavilion
$42,200	Replace Roof - Pavilion
$25,668	Solar power and battery, plus generator connection
$157,996	Total funding applied for
*Kangaroo Valley Showground*
Round 1 Applications - Successful
$14,091	Air conditioning – Main Hall
$115,000	Replace Main Arena fencing
$130,500	Total funding allocated
Round 2 Applications – Submitted 29 May 2020
$206,000	Drainage and surface reshaping – Main Arena
$34,210	Under floor insulation – Kangaroo Valley School of Arts hall
$93,035	Resurface Carpark between Hall & Pavilion
$25,668	Solar power and battery, plus generator connection
$358,913	Total funding applied for

Community Engagement

All Show Societies and Management Committees have been contacted directly to discuss project proposals and approve priorities for funding applications.

Regular user groups were advised that applications were in progress and encouraged to liaise with the Management Committees to discuss project ideas and priorities.

Policy Implications

All project proposals are assessed to assure compatibility with Council’s Policies and planning guidelines, including but not limited to:

· Community Infrastructure Strategic Plan

· Plans of Management and Master Plans

· Business Plan for Community Facilities

· Asset Management Plans

· Facility Management Plans

· Management Committee Guidelines

Financial Implications

Project Management and contingency estimates were not approved by the funding body. These expenses will be funded from Council’s Showground Improvements capital works budgets in 2020/21.

The upgrade of existing or installation of new infrastructure at the facilities can reduce or increase operational costs for maintenance and servicing of the infrastructure. Net additional expenses are noted in annual budget bids for increased operational funding for public facilities.

It is proposed that Council accept any funding that is awarded under the grant program, with funds received being reported to Council via the Quarterly Budget Review reporting process. This will enable the CEO (or nominee) to enter into funding agreements to secure funds without delay and expedite these quickly in line with the aims of this grant program, which include providing local economic stimulus and employment opportunities for trades persons.

Risk Implications

There is a tight delivery timeframe of three months from the receipt of funds. Staff will make every effort to execute the works within the three months period.

Project Managers will adhere to Council’s WHS and Procurement Policies to ensure that compliance and safety issues are managed effectively during implementation of funded works.

Strategy and Assets Committee – Tuesday 21 July 2020

Page 0

SA20.119 Release of Drainage Easement and Restriction on the Use of Land - Molloy Street, Mollymook

HPERM Ref: D20/205649

Section: Technical Services

Approver: Paul Keech, Director Assets & Works

Attachments: 1. Proposed Release of Easement to Drain Water 3 Wide and Restriction on the Use of Land - Molloy St Mollymook ⇩

2. Aerial View - Release of Easement and Restriction - Molloy St Mollymook ⇩

Reason for Report

To provide Council with an opportunity to consider releasing an easement to drain water 3 wide and the corresponding restriction on the use of land noted on the title over the following properties located on the southern side of Molloy Street, Mollymook and as shown in Attachments 1 (D20/280931) & 2 (D20/280939).

- Lot 32 DP 1190685

- Lot 59 DP 1204912

- Lot 71 DP 1263187

- Lots 112, 113, 114 & 115 DP 1215166

- Lot 2 DP 1137611

- Lot 110 DP 1215166

- Lots 60 & 61 DP 1219963

Recommendation

That Council:

1. Approve the release of the Easement to Drain Water 3 Wide and Restriction of Use of Land over Lot 32 DP 1190685, known as 52 Molloy Street, Mollymook;

2. Approve the release of the Easement to Drain Water 3 Wide and Restriction of Use of Land over Lot 59 DP 1204912, Part Lot 71 DP 1263187, Lots 112, 113, 114, 115 in DP 1215166, Lot 2 DP 1137611, Lot 110 DP 1215166, Lots 60 & 61 in DP 1219963 as & when Council receives applications from respective property owners;

3. Require all costs associated with the release of the easement to drain water and restriction of the use of land be met by the respective Registered Proprietor of the burdened land;

4. Require the Registered Proprietor accept the transfer of ownership and all future responsibilities, including any costs for existing infrastructure within Lot 32 DP 1190685;

5. Require all remediation works and associated costs within the easement area being the responsibility of the Registered Proprietor of the burdened land; and

6. 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. Resolve as recommended

Implications: Approval will be granted to release the easement and restriction over Lot 32 DP 1190685 being the current application, shown in pink on Attachment 1. Approval will also be granted to release the easement and restriction on all other burdened lots allowing Council staff to prepare the relevant documentation for each landowner as the applications are received, without having to prepare potentially twelve reports to Council for each individual applications.

2. Alternatively, resolve:

That Council:

1 Approve the release of the Easement to Drain Water 3 Wide and Restriction of Use of Land over Lot 32 DP 1190685, 52 Molloy Street, Mollymook;

2 Require that all costs associated with the release of the easement to drain water 3 wide and restriction of the use of land be met by the Registered Proprietor of Lot 32 DP 1190685;

3 Require that all remediation works and associated costs within the easement area are the responsibility of the Registered Proprietor of the burdened land;

4 Require the Registered Proprietor accept the transfer of ownership and all future responsibilities, including any costs for existing infrastructure within Lot 32 DP 1190685;

5 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.

Implications Allow the release of the easement and restriction over Lot 32 DP 1190685 being the current applicant, as shown in pink on Attachment 1. An individual report will be provided to the Council for each application made by a registered proprietor of a burdened lot for the release of the easement and restriction.

3. Not resolve as recommended

Implications: The drainage easement and restriction of the use of land will remain on the title of all burden lots. The constructed redundant swale drains and the restriction to erect any structures within the easement will remain.

Background

In summary:

When the 60 lot Molloy Street/Settlers Way subdivision was constructed in 1989 a swale drain and corresponding easement was put in place along the southern boundary to catch and control storm water run off from the land occupied by the timber mill fronting the Princes Hwy, being lot 5 in DP 230931. The timber mill has been demolished and, in its place, a 73-lot subdivision is now under construction.

The inter-allotment drainage put in place as part of this new subdivision controls storm water within the subdivision itself and thus the swale drains and corresponding easement at the rear of those properties fronting Molloy Street are no longer required.

Given this, the preferred option within this report seeks to obtain a resolution to transfer ownership and responsibility of the swale drain to respective property owners and extinguish the easement from their title if or when an application is made.

A Subdivision Application for a 60 Lot residential subdivision of Lot 62 DP 569244 Ocean Street, Mollymook was received at Council on 14 February 1989.

The original subdivision plan showed the “easement” as a Public Reserve for Drainage. This plan and the associated consent conditions were amended via modification application DS08/1535 dated 29 July 2008.

The modification included amending the lot layout by the deletion of the proposed 5-metre strip of the public reserve along the southern boundary and modification of the shape of the remainder of the reserve so that it is consistent with that proposed in the approved subdivision to the south. It also proposed to create a temporary easement to drain water over the existing swale drain 3 wide which could only be extinguished once the development approved to the south (Lot 5 DP 230931) is constructed.

The subdivision consent stated the following conditions in relation to drainage:

4. The provision of drainage easements and/or drainage reserves at the Subdivider's expense including inter-allotment drainage easements to serve all lots that cannot naturally drain to the roads. All inter-allotment drainage lines should benefit upstream lots.

15. Provision of drainage calculations (to confirm that the drainage swale as constructed is capable of carrying the 1:5 year ARI rainfall) to Council for approval by the Subdivision Manager or his delegate before the release of the plan of survey. The calculations are to be supported with plans showing a longitudinal section and cross-sections of the swale at an interval of no more than 15m.

16. b) No changes to the levels or placement or construction of any items within the open drain other than fencing that is of an open style below the top of the sides of the drain and that allows the passage of stormwater runoff:

a) Until the completion of either the roads and associated street drainage of an approved subdivision, or the drainage works of other approved development, over the whole of Lot 5 DP230931;

b) Unless the open drain though the adjacent uphill property in the subdivision has been removed or made ineffective.

The subject drainage easement and restriction of use of land were first created pursuant to Section 88B of the Conveyancing Act 1919, on the registration of Deposited Plan 1137611 on 4 May 2009.

The lots along the southern side of Molloy Street, Mollymook were registered at varied times, meaning many of the lots burdened by the easement and restriction have different deposited plan references.

All registered 88B Instruments of the burdened lots state the same easement and restriction terms as follows:

Terms of Easement to Drain Water 3 Wide

1. Full and free right for every person who is at any time entitled to an estate or interest in possession in the land herein indicated as the dominant tenement or any part thereof with which the right shall be capable of enjoyment, and every person authorised by that person, from time to time and at all times to drain water (whether rain, storm, spring, soakage, or seepage water) in any quantities over, across and through the land herein indicated as the servient tenement together with the right of use, for the purpose of the easement, any formed open channel, any line of pipes already laid within the servient tenement for the purpose of draining water or any pipe or pipes in replacement or in substitution therefore where no such line of pipes exists, to lay, place and maintain a line of pipes of sufficient internal diameter beneath or upon the surface of the servient tenement, and together with the right for the grantee and every person authorised by the grantee, with any tools, implements, or machinery, necessary for the purpose, to enter upon the servient tenement and to remain there for any reasonable time for the purpose of laying, inspecting, cleansing, repairing, maintaining, or renewing such open channel, pipe line or any part thereof and for any of the aforesaid purposes to open the soil of the servient tenement to such extent as may be necessary provided that the grantee and the persons authorised by the grantee will take all reasonable precautions to ensure as little disturbance as possible to the surface of the servient tenement and will restore that surface as nearly as practicable to its original condition.

2. The authority empowered to release vary or modify this easement is Shoalhaven City Council (the Council) but only if the Council is satisfied that the drain within the easement is no longer necessary for the disposal of stormwater emanating from Lot 5 DP 230931 by the construction of new drainage infrastructure in the subdivision of Lot 5 DP 230931 and the registration of inter allotment drainage easements as part of that subdivision.

Terms of Restriction on the Use of Land

1. The owner of the lot burdened shall not change the levels or place any structure other than fencing (that is of an open style below the top of the side of the drain and that allows the passage of stormwater runoff) within that part of the lot burdened denoted (U) in the plan until either after the completion of the roads and associated street drainage of an approved subdivision or drainage works of other approved development over the whole of Lot 5 DP 230931 or the open drain through the adjacent uphill appurtenant property has been removed or made ineffective.

2. The authority empowered to release vary or modify the terms of this restriction is Shoalhaven City Council

As stated in the above terms, only Shoalhaven City Council has the authority to release the easement and associated restriction on the title and only if Council is satisfied that the drain within the easement is no longer necessary and therefore redundant.

Council’s Development Staff have confirmed the release of the Subdivision Certificate for Lot 5 DP 230931 (SC20/1030) and that due to this release, the easement and restriction are now redundant.

Lot 32 DP 1190685 currently has an existing stormwater pit with a 600mm pipe which discharges from this pit. Council’s Roads & Drains Engineer has advised there is no upstream pipe connection from this pit and therefore no requirement for Council to block or undertake works on any assets within this lot. Future full responsibilities of all existing infrastructure within the lot including the full length of the pipe up to the next junction pit must be transferred to the registered proprietor as shown below.

The existing swale drain within all burdened lots was constructed by the developer as part of the original subdivision consent. Council has no obligation to remediate the area within the easement. Any remediation works or associated costs would be the responsibility of the registered proprietor of the said burdened lot.

Community Engagement

The proposed release of the drainage easement and restriction of the use of land is considered to be a local area low impact issue as outlined in Council’s Community Engagement Policy and Handbook and therefore no community engagement has taken place.

Policy Implications

Not applicable

Financial Implications

There are no financial implications for the Council. All costs associated with the release of the easement, restriction and remediation work within the easement are to be met by the registered proprietor of the respective burdened lot.

Risk Implications

Not applicable

Strategy and Assets Committee – Tuesday 21 July 2020

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SA20.124 Proposed Road Closure Part Tarawara Street Bomaderry

HPERM Ref: D20/287620

Section: Technical Services

Approver: Paul Keech, Director Assets & Works

Attachments: 1. NAC Site Plan Proposed Road Closure ⇩

2. Correspondence from Principal, Nowra Anglican College ⇩

3. Submissions Tarawara Road Closure Report ⇩

4. Public Submission reply - Mitigation Table - Tarawara Road Closure ⇩

Reason for Report

This report provides Council with the opportunity to consider a request to close part of the unformed road reserve at Tarawara Street Bomaderry DP2886 shown as per Attachment 1 (D20/58909), with the intention, if the road closure is successful, to provide a further report to Council in regard to selling the closed road to the applicant Anglican Schools Corporation known as Nowra Anglican College (NAC).

Recommendation

That Council reject the application to close part of the road reserve as per attachment 1 (D20/58909) at DP2886 Tarawara Street Bomaderry, between Princes Highway and Tarawal Street adjacent to Ringbalin Crescent lots 12 – 21 DP249575. Noting that:

1. Council is keen to work with the Nowra Anglican College to obtain certainty for them and the community with any proposed changes to their site in Bomaderry.

2. The Part Tarawara Street road closure can be further considered in conjunction with the Nowra Anglican College’s future Development Applications and will not be considered as a separated standalone matter because of the implications of incremental development with compounding impacts.

Options

1. Resolve as recommended and maintain the status quo

Implications: The community would still maintain pedestrian access through to the Highway within this road reserve from Tarawal Street, and from the Highway have a link to the vital walking track network connecting to the sporting precinct and reserves of Thurgate and Bomaderry Ovals. Owners in Ringbalin Crescent would maintain access by foot and vehicle down this road reserve to gain entry to their backyards.

Nowra Anglican College would continue to have a disconnect between the playing fields to the south and the northern campus, an unsatisfactory safety issue restricting the school to provide a safe and secure site for their students. This would also inhibit continuing improvements to the school and expansion within the Schools Masterplan. This may apply even further pressure on the northern precinct and surrounding neighbourhood with higher densities and traffic flow.

By not accepting this application the road closure can be further considered in conjunction with the Schools Masterplan and not be a separated stand-alone matter that has implications of incremental development with compounding impacts.

2. Seek more public comment about the specifics of the current proposal:

That given the history and competing uses, Council:

1. Seek written public comment on the latest proposal by the Nowra Anglican College to close the unformed road reserve as per attachment 1 (D20/58909) at DP2886 Tarawara Street Bomaderry, between Princes Highway and Tarawal Street adjacent to Ringbalin Crescent lots 12 – 21 DP249575. Advising the community that closing the road for this intended purpose is Council’s preferred option

2. Receive a further report outlining the public comment received and a way forward.

Implications: if closure is the outcome, NAC will be able to consolidate their two lots to become one providing a safe secure environment for the students attending the school. NAC would have the opportunity to expand and provide continual improvement of facilities allowing seamless connectivity between these two areas on one footprint.

By closing, part of the road will allow neighbouring residents in Ringbalin Crescent and the community to access the remainder of the unformed road to enjoy in its natural state and access their backyards by foot from the dedicated pathway off Ringbalin Crescent. There would be no vehicle access. Closing any part of this road would inhibit pedestrian access to and from the highway, pushing pedestrian flow via Bunberra Street, Brinawarr and Beinda Streets all steep inclines to the highway. The impact in the change of route would see the current 300m metre Track from Tarawal Street to the Highway along this road reserve rise to over a kilometre of extra travel distance in either direction.

Note: there is no dedicated pedestrian crossing of the highway in the vicinity of the schools, so this issue is not addressed or resolved by either option 1 or 2.

3. If Council was of the mind that there has been enough consultation on this matter and that they would like to move forward with this matter the following resolution would be appropriate.

That Council:

1. Close the unformed road reserve as per attachment 1 (D20/58909) at DP2886 Tarawara Street Bomaderry, between Princes Highway and Tarawal Street adjacent to Ringbalin Crescent lots 12 – 21 DP249575 by a notice published in the Government Gazette.

2. The CEO negotiate the sale the sale of the closed road (if the closure proceeds) with the Nowra Anglican College in such a manner as to provide certainty as to the use of the road reserve prior to any transfer occurring.

3. Require all costs associated with the road closure be borne by the Nowra Anglican College.

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

Implications: as per option 2

Background

This section of Tarawara Street Bomaderry was originally an unformed private road and was not dedicated to the Council at the time of the private subdivision in 1893 (DP2886). The road reserve is however now vested in the Council as outlined below.

In the General Manager’s report of 7 December 2004 to the Works and Finance Committee D04/116674 it was reported:

‘It is proposed to dedicate the land as public road under the provisions of sections 16 & 17 of the roads Act 1993. This will entail council accepting management of the road including public liability, however dedication as a public road is considered to have strategic benefit to assist “with provision of access to The Anglican College and relieve traffic movements in West Bunberra Street”. It was noted at the time that the “residents adjacent to the road had expressed concern as to the safety of the trees in the road reserve and that the road currently had pedestrian usage. “Consideration can be given at a later time as to whether to retain the road or close and sell to the college”

This was transferred to Council and gazetted as a public road in 2005, MIN 04.1627.

Road closure application

In August 2018 Council received an application from the Anglican School Corporation acting for Nowra Anglican College in Bomaderry to close and purchase an unformed road that separates the school's central administration buildings and classroom precinct from their expanded playing fields to the south and east of their original footprint.

This corridor splitting the school into two separate parts is partly cleared with a mix of scrub and bush also housing electricity infrastructure in the form of overhead powerlines and is used as a walkthrough thoroughfare for local residents connecting Princes Highway to the west and Tarawal street to the east. This unformed road is maintained by Council on a bushfire mitigation program throughout the year. This Parcel of land 20m wide by approximately 300m long is approximately 5911sqm in total.

Nowra Anglican College are considering expansion and continual improvement of facilities on-site the School and wish to have seamless connectivity between these two areas on one footprint.

Current Site Plan of Land owned by the Nowra Anglican College. Note the two disjointed segments separated by Tarawara Street.

Above is the Nowra Anglican College Proposed Master Plan indicating the use of the closed road for connectivity of the segmented school site. NOTE: this master plan was developed under the original proposal of the full-length road closure. The plan will need to be amended to indicate the reduced area of road closed that is the subject of this report. Also note that this diagram is included for illustrative purposes only, the notations cannot be read, and it is not intended that the text be legible

Council’s property unit commenced a review of this application with an internal referral and reported back to NAC on September 24, 2018. The outcome of this referral process is:

The Strategic Planning Unit

1. Properties adjoining the road proposed for closure are bushfire prone; however, the closure is not considered to impact on evacuation/ alternate evacuation routes in the event of a fire.

2. These unformed council roads are considered to provide an opportunity for walking track networks and closure of this road would prevent this from occurring. It would also reduce walking connectivity with RE1 Public Recreation areas to the east at Thurgate and Bomaderry Ovals.

3. There is a dedicated pathway off Ringbalin Crescent which provides access through to the road proposed for closure. As it is the school’s intention to purchase all or part of the unformed road if closed, this pathway would result in being a dead end and a possible safety issue.

Council’s Fire mitigation and Bushland management team

1. A section of the unformed road in question is listed on Council’s Annual Bushfire Mitigation Program for ‘fence-line clearing’ which comprises slashing/brush-cutting to a distance of 6m of the fence-lines with houses 11-19 Ringbalin Cres three times per year. This has been done since at least 2009 inclusive. Council would encourage annual mitigation of this area to continue to limit the fire risk for the neighbouring residents.

Waste Services

1. No issues – This section of Tarawara Street is not used by the council’s kerbside waste collection service and these services will not be impacted by the proposed closure.

Shoalhaven Water Asset, Planning and Development

1. Shoalhaven Water has no objection to the proposal on the following basis:

There is a water main and a sewer main crossing at the western end of the subject land. Easements are required to maintain legal access to the mains (at full cost to the applicant) The applicant needs to be aware that restrictions may apply regarding building near these mains.

Assets and Works Traffic and Transport Unit

1. The closure of the road must be in conjunction with a review of the Schools current proposals, it should not be independent as council and RMS do not want buses out on the road when the original DA was only approved based on the school accommodating buses on site. It is true the original purpose of the road is no longer required, however, Council has in the past offered the school the use of Tarawara road reserve for assisting in resolving the bus issues, as a preferred solution as opposed to having the buses on the Highway, Bunberra Street, or impacting other local streets.

In Late 2004 A General Managers report DO4/116674 included discussions that had been held with the Nowra Anglican College regarding compliance with road works required as stage 6 consent conditions. A proposal had been developed for a roundabout at Bunberra/West Bunberra Streets, a raised crossing in Bunberra Street, median turning bays at the West Bunberra Street entrance, and bus interchange and car park exit in Tarawara Street. The Proposal in Tarawara Street would significantly improve traffic flows in West Bunberra Street and was supported by the Council. This report stated that there were benefits for the council to dedicate this land (private road) as public road to assist with the provision of access to the Anglican College and relieve traffic movements in West Bunberra Street. It was proposed to dedicate the land as the public road under the provisions of section 16 & 17 of the roads act 1993 with council accepting management including public liability. This was also seen as a benefit to maintaining the current pedestrian access and usage. In summation, the report indicated that consideration would be given later as to whether the council should retain the road or close and sell to the Anglican College.

During the period, the school were seeking an occupancy certificate, Development Services proposed to split their consent conditions across 2 Development Applications to allow them to operate. The latter DA was to include the right turn bay extension on the Highway, and the road works to accommodate an exit and bus bay in the Tarawara Street road reserve.

Development Services offered to split the DA’s to help the school attain an earlier occupancy. However, the works that council had expected to be completed did not come to fruition as the school decided not to proceed with the latter DA’s (which were meant to be conditions of consent on their earlier DA). The outcome was the expected works in Tarawara Street and the Highway was never completed.

The council have also previously stated that any proposal of running buses down the road reserve to Tarawal Street past Ringbalin Crescent to link up with Bunberra Street would not be supported due to the impact to the surrounding residential neighbourhood. If the current plans are to move the buses off the school grounds out to the road to resolve internal safety and development plans, the council would need a satisfactory resolution and an ‘agreed’ plan on what happens with the buses and school traffic, in consultation with the community.

Property Unit

1. As this road reserve has had construction activity in the past (ie surveys, maintenance and bushfire mitigation works) it is considered a Road Reserve vested in Council not the Crown

Summary of the Internal Referrals on 24 September 2018

Council identified the following matters to be further addressed:

a. Potential to prevent public access and connectivity pathways to recreational areas east of Road reserve and School.

b. Ringbalin cul-de-sac access and dedicated pathway, dead-end potential safety issue.

c. Although not impacting evacuation routes there are concerns with future bushfire mitigation for the residents bordering the road reserve between 11 and 19 Ringbalin Crescent.

d. Sewer and water main easement, legal access requirements for Shoalhaven Water and Endeavour Energy and potentially associated building restrictions.

e. Council is requesting further information regarding the School’s Master Plan addressing the traffic and transport issues highlighted by the council and the development of an ‘agreed’ plan involving community consultation.

On the 12 February 2019, the Nowra Anglican College replied to the matters raised by Council (see Attachment 2). key aspects of the response are as follows:

· The College has experienced growth in enrolments 900 now and expecting 1200 in 10 years.

· The purchase of Tarawara St Bomaderry will assist with the management of pedestrians and vehicle traffic.

· Believe that there will be minimal impact on foot-traffic but concede that further community consultation is required

· Connecting the North to the South of their campus would alleviate Safety issues for students

· Proposed that the school would be open to a gated option giving local residents access through this area outside of school hours and on weekends.

· The dead-end pathway in Ringbalin Cres could be fenced off by the school or sold to neighbouring residents.

· Commit to bushfire mitigation practices & ensure sewer and water services easements and access are maintained.

· Outlined in a table the Schools own community consultation program for the Bus Bay proposal in Bunburra St undertaken in November & Dec 2018 including concept plans for the School

· No public consultation had been conducted by the school for the proposed road closure in Tarawara Street.

The road closure process required public notification and advertising, calling for submissions by any interested parties on the merits of the proposal. This consultation was undertaken, and the extended submission period commenced on 25 September 2019 and closed on 30 December 2019.

Responses were received as follows:

Notifiable Authorities - 1 objection

- 8 no objection.

Public Submissions - 23 objections

- 1 no objection.

Detailed responses are provided as Attachment 3. The key points from these submissions are listed below:

Objection Comments

· Water Runoff & Potential future flooding. Approximately 5 Years ago Council constructed a stormwater embankment on the road reserve that directs most of this water away from the homes. Without future access to there will be no reasonable access to this stormwater embankment for maintenance and inspection, and any future building works could impact on the direction of the water and compromise the embankment and its effectiveness and thus increase risk of flooding and lowering land values.

· Loss of Pedestrian access to the highway creating an unreasonable increase in walking distance to access bus stops, food retail entertainment and fitness outlets and in future the Woolworths and Aldi developments on the Highway

· Loss of mature trees

· Loss of vehicle access to the backyards of Ringbalin Cres

· Transparency, Due Process, the interests of the school should not outweigh those of the Public and believe that the road should stay in public ownership

· Traffic disruption – Neighbour resentment - electricity easement

No Objection Comments

· Deter Vandalism – assist with stormwater runoff – owners should not have backyard access granted.

On the 21^st January 2020 Council and Nowra Anglican College discussed the issues arising out of the submission period. From this consultation, the college altered their original road closure application form total road closure to a part road closure and replied with responses to all objections (see Attachment 4). A summary of these responses is provided as follows:

Mitigation strategies included

· Purchasing just the western end of the road reserve would leave the eastern end for the public and reduce concerns with privacy, floodwater runoff, environmental & native habitats & bushfire mitigation

· Access to backyards may be able to be achieved from the eastern end of Tarawara Street at Tarawal Street.

· Establish a green corridor on the Western end enhancing the bushland already to the east.

Council staff assessing the response from NAC and their mitigation strategies found most objections to the closing of the road would be addressed, however the following concerns remain:

· The loss of the pedestrian access to and from the Highway along this road reserve corridor and

· The loss of the current informal vehicular access for residents of Ringbalin Crescent into their backyard.

· The Traffic & Transport impacts from the future expansion of the School.

Community Engagement

Council undertook public consultation with an extended submission period commencing 25 September 2019 and closing 30 December 2019 as outlined in the background.

Policy Implications

Nil

Financial Implications

Nil

Risk Implications

The current road closure request is a stand-a-lone matter, however it should be considered in conjunction with the School’s Masterplan (and preferably tied to a Development Application approval) and not as a separated standalone matter that has implications of incremental development with compounding impacts.

If Council were to unconditionally seel the road reserve to the Nowra Anglican College our ability to influence compounding impacts will be reduced.

Tenderer

Location(s)

By Group Pty Ltd

Sanctuary Point, NSW

Diverse Group Pty Ltd

Coniston, NSW

Menai Civil Contractors Pty Ltd

Smeaton Grange, NSW

Select Civil Pty Ltd

Kembla Grange, NSW

Stefanutti Constructions Pty Ltd

Unanderra, NSW

Western Earth Moving Pty Ltd

Seven Hills, NSW

Strategy and Assets Committee – Tuesday 21 July 2020

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SA20.128 Zero Tolerance Unregistered Dogs - Attack - Policy Review Working Party - Companion Animals / Restricted / Fighting breeds / Registration / Rehoming / Assessment

HPERM Ref: D20/196752

Section: Building & Compliance Services

Approver: Phil Costello, Director Planning Environment & Development Group

Reason for Report

In accordance with MIN20.264, this report updates Councillors on the actions taken to implement the zero tolerance for any detected unregistered dogs and dog breaches along with cases of substantiated dog attacks. The report also addresses Council’s request for the CEO to report back on a series of questions put forward in this resolution for information.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Receive the information as provided to update on procedural actions taken to implement a zero tolerance in accordance with MIN20.264

2. Ensure these issues are included in the framework of the Responsible Pet Ownership social media project to be implemented in 2020/21, MIN20.356

3. Proceed with the creation of a working party as recommended in part 3 of MIN20.264

Options

1. Resolve as recommended

Implications: Actions will proceed in accordance with adopted resolution.

2. Council adopt an alternative recommendation

Implications: Staff to implement the alternate recommendation.

Background

At the Strategy and Assets Committee meeting held on 21 April 2020, Council resolved the following:

1. Council adopt a zero tolerance for any detected unregistered dogs and impose fines for any breaches.

2. In case of a substantiated dog attack outside of the owner’s property, no matter how minor, penalties be imposed.

3. Council consider undertaking a review of Shoalhaven Council Dog Policy with the involvement of Community, SSC Rangers, Staff of the SSC Animal Shelter and other interested parties and the CEO report back on the following questions prior to Council forming the working party.

a. What aspects of the NSW Companion Animals Act should be reviewed to improve on the safety afforded to both the general public and dog owners themselves?

b. There are only four breeds of dog listed in NSW as restricted: the American Pitt Bull or Pitt Bull Terrier, the Japanese Tosa, the Argentina Fighting Dog and the Brazilian Fighting dog should consideration be given to adding more dogs to the list?

c. What are the responsibilities of an owner of a restricted breed; are they adequate and should it in fact be permissible to own and keep a restricted dog at all?

d. Are “fighting dog” breeds over represented in the Shoalhaven dog population and what can be done to correct this anomaly?

e. Are there problem owners rather than problem dogs and is it possible to enforce a requirement that before registration of a restricted breed is permitted, that the owner undertake a recognised course in the management of such an animal?

f. Does the Companion Animals Act suggest that “off leash” does not mean “out of control”. If so, what behaviour by inference constitutes “under control” and how are SCC Rangers instructed in this regard to assist their policing?

g. What is the risk to Council in failing to keep residents safe from dog attack and interference by dogs?

h. Is signage in the Shoalhaven adequate so that dog owners are given fair warning about restrictions. (Apparently not at Hyams according to a recent emailer and from my experience certainly not at Moona Creek Reserve)?

i. Does Shoalhaven Animal Shelter rehome “dangerous dogs” and what control conditions are put on the new owners?

j. Are “pig” and “hunting dogs” subject to different registration to other types of breeds and should ownership of such dogs in the Shoalhaven be permitted at all?

k. How does the Animal Shelter qualify potential owners and how are dogs assessed for temperament and suitability for rehoming in regard to dog to dog and dog to human aggression and food aggression etc.?

This report will deal with all items of MIN20.264.

Report

In respect to the issues raised in MIN20.264, the following update and advice is provided:

1. Council adopt a zero tolerance for any detected unregistered dogs and impose fines for any breaches (Item 1 of MIN20.264)

Council’s Ranger Services Unit has amended their procedures to reflect this position.

Since this resolution and up to 30 June 2020, a total of 76 penalty notices have been issued for unregistered dogs identified in the City (i.e. 76 X $330 = $25,080). A search of the New South Wales Companion Animals Registered (CAR) has been conducted with a further 256 penalty notices issued to pet owners for failing to lifetime register their animals (i.e. 256 x $305 = $78,080).

2. In case of a substantiated dog attack outside of the owner’s property, no matter how minor, penalties be imposed (Item 2 of MIN20.264)

Council’s Ranger Services Unit have amended their procedures to reflect this position.

Since the adoption of Council’s Compliance and Enforcement Policy on 21 November 2017 (MIN17.987) all reported dog attack investigations are accompanied by a breach report to ensure Council has sufficient evidence to uphold any penalty notice or declaration that may be taken to Court. Any Court elect penalty notice or declaration must be proven ‘beyond reasonable doubt’ which is the standard of evidence required to validate a criminal conviction.

This burden of proof can be difficult to achieve when witnesses to an incident are reluctant to provide a formal statement or not prepared to attend Court to give evidence should they be required.

Since 1 July 2019, Council’s Rangers have issued a total of 27 penalty notices for dog attack incidents (i.e. 27 x $1320 = $35,640). This includes dog on human and dog on dog attacks.

a. What aspects of the NSW Companion Animals Act should be reviewed to improve on the safety afforded to both the general public and dog owners themselves?

On 31 August 2018 amendments to the Companion Animals Act 1998 commenced and the Companion Animals Regulation 2018 totally replaced the former Companion Animals Regulation 2008. Council can provide the Office of Local Government with suggested changes to legislation at any time.

The powers in the Act and the Regulation are considered satisfactory at this time. Of course, the message of responsible pet ownership is key to the success of the legislation and Ranger Services do a lot of education in this space. Unfortunately, not every pet owner is aware of their responsibilities and penalties have and will continue to be issued to offenders.

The Local Government Minister’s “Responsible Pet Ownership Reference Group” also provides advice to the Government on strategic cat and dog management issues. This advice includes the operation of the responsible pet ownership policy, legislative development, and best practice for managing cats and dogs in NSW.

Further information about the Reference Group and also the Companion Animals Taskforce can be found at https://www.olg.nsw.gov.au/public/dogs-cats/ and https://www.olg.nsw.gov.au/public/dogs-cats/companion-animals-taskforce/

b. There are only four breeds of dog listed in NSW as restricted: the American Pitt Bull (or Pitt Bull Terrier), the Japanese Tosa, the Argentina Fighting Dog and the Brazilian Fighting dog should consideration be given to adding more dogs to the list?

The current list has been established because these breeds have a history of being used for fighting purposes. If additional breeds are identified for fighting purposes, then they can be added to the list.

Often a dog’s behaviour is a direct result of how they are trained and treated by their owner, rather than because of the breed. Any dog can attack and there are so many cross breeds that it would be difficult to determine which breeds are most problematic beyond what has already been listed above.

It is beneficial to provide education about responsible pet ownership so all dog owners can be provided with the opportunity to learn more. Our Rangers and Animal Shelter staff provide this advice to pet owners as part of their public education program.

c. What are the responsibilities of an owner of a restricted breed; are they adequate and should it in fact be permissible to own and keep a restricted dog at all?

The responsibilities of all dog owners are outlined in Part 5 of the Companion Animals Act. This does not differentiate between the breed of dog or whether or not a dog is a restricted breed.

Restricted breeds are determined at a state level. Rangers continually monitor known properties where identified dangerous dogs and restricted breeds are kept checking all control requirements are maintained.

From 1 July 2020, owners of dogs of a restricted breed or formally declared to be dangerous will also be required to pay a $195 annual permit in addition to their one-off lifetime pet registration fee.

Annual permits for dangerous and restricted dogs will improve community safety by helping to reduce ownership of high-risk dogs and encouraging owners to better manage the behaviour of their animal. There are control requirements for all declared dangerous dogs and restricted breeds. This includes the dogs:

a. being muzzled in a public place,

b. wearing of a distinctive collar,

c. not being in the presence or control of someone under the age of 18 years,

d. property address being suitably sign posted, and

e. being housed in an approved enclosure on the property.

The full requirements can be found in the Companion Animals Act.

d. Are “fighting dog” breeds over represented in the Shoalhaven dog population and what can be done to correct this anomaly?

There are seven restricted breed dogs on the Companion Animals Register within the Shoalhaven. The owners of these seven dogs are required to comply with the control requirements listed in the Companion Animals Act.

As far as “fighting dogs” are concerned, these could be of breeds other than restricted breeds and include mixed breeds. As such it is not definitive to label a specific breed as a “fighting breed” as opposed to another breed. In the main it is not considered that the Shoalhaven has an over representation of any particular breed.

Are there problem owners rather than problem dogs and is it possible to enforce a requirement that before registration of a restricted breed is permitted, that the owner undertake a recognised course in the management of such an animal?

Clearly there are examples of problem dog owners and Council’s Rangers identify these regularly.

The Companion Animals Act does not provide for owners of restricted breeds to undertake a course on management. This is an excellent idea and well worth consideration in the review of the policy.

e. Does the Companion Animals Act suggest that “off leash” does not mean “out of control”? If so, what behaviour by inference constitutes “under control” and how are SCC Rangers instructed in this regard to assist their policing?

Section 13 of the Companion Animals Act, provides as follows:

13. A dog that is in a public place must be under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and that is being held by (or secured to) the person.

Council’s Access Areas for Dogs Policy (POL16/173) permits dogs to be “off-leash” in designated Council managed areas. When a dog is “off-leash” within these designated areas, it must still be under effective control and behave in an acceptable manner in the social environment. This means it should have basic training and be responsive to their owner’s commands.

f. What is the risk to Council in failing to keep residents safe from dog attack and interference by dogs?

There is no risk to Council as all reported incidents are investigated and due diligence is demonstrated by the investigating officers. “Detailed breach reports are completed for each reported incident.

g. Is signage in the Shoalhaven adequate so that dog owners are given fair warning about restrictions (Apparently not at Hyams Beach according to a recent emailer and from my experience certainly not at Moona Creek Reserve)?

Throughout NSW, all dogs must be on a lead when in a public place unless it is otherwise permitted, and the area is identified with appropriate signage. It is no defence to argue the lack of Council signage.

That said, signage in relation to whether an open space area or beach is “dog on-leash” is consolidated with other open space or beach access signage. Specific signage for “dog off-leash” areas and “dog prohibited” areas are provided throughout the Shoalhaven. In terms of signage on the beach, and specifically at transition areas, Council have in the past installed signage on the beach but for various reason these have been damaged and removed over time (including vandalism and coastal erosion).

The content of signs used for “dog off-leash” and “dog prohibited” areas include maps of the locations that apply to the prohibited areas. If the dog “off-leash” area is timed, then the times are also specified in the sign. The signs are located at the entry points to the beach or open space area. It is acknowledged some beaches may have multiple informal access points and these do not typically contain signage.

Signs in relation to “dog off-leash” areas indicate the rules including dogs must be under supervision at all times and owners must clean up after their dog. In relation to “dog prohibited” areas, the legislation is cited. In some cases where endangered shorebirds are nesting, additional signage is provided by National Parks and Wildlife Services which specifies the rules and legislations.

Example of current signage:

A standard template is required for the signage as there are many different types being used at the moment. Staff suggest the following for example:

In the 2019/2020 financial year, 235 cautions and 417 penalties have been issued to dog owners for not having their dog on a lead (i.e. 417 x $330 = $137,610).

h. Does Shoalhaven Animal Shelter rehome “dangerous dogs” and what control conditions are put on the new owners?

Shoalhaven Animal Shelter does not rehome any dog that has a Dangerous, Restricted or Menacing order in place. Any dogs with these orders are euthanised if not reclaimed by their owner. This is a requirement under Section 52 of the Companion Animals Act.

All other dogs regardless of breed or gender are subject to a behaviour assessment. This assessment rates any aggression towards people, other animals, and food. Any dog whose behaviour fails to meet these requirements are deemed unfit and will not be rehomed. These dogs are euthanised.

If a dog’s behaviour is questionable, staff enlist an expert dog handler to assess the animal. At no stage is an aggressive dog rehomed back into the community. The table below shows dogs euthanised at the Animal Shelter for the last financial year.

Reason	Dog
Aggressive to animals - other species	1
Aggressive to animals - same species	5
Aggressive to people	10
Dangerous Dog Euthanised	9
Due to Injury	1
Feral (dog)	1
Medical	2
Menacing Dog Euthanised	1
Restricted Dog Euthanised	1
Total:	31

i. Are “pig” and “hunting dogs” subject to different registration to other types of breeds and should ownership of such dogs in the Shoalhaven be permitted at all?

Section 33 of the Companion Animals Act 1998, provides a definition for a dangerous dog which includes a hunting dog. Identified “hunting dogs” are required under the Companion Animals Act to be controlled in the same manner as a declared dangerous dog. These types of dogs are subject to the same lifetime registration under the Companion Animals Act.

This provision is not intended to include hunting dogs that are kept and used by responsible owners and are no threat to the public. Legitimate and responsible hunting is dealt with under the Game and Feral Animal Control Act 2002 and its regulations. The legislation sets out conditions for the use of dogs to hunt game animals along with a mandatory code of practice that forms part of the conditions on all game hunting licences.

j. How does the Animal Shelter qualify potential owners and how are dogs assessed for temperament and suitability for rehoming in regard to dog to dog and dog to human aggression and food aggression etc.?

Potential adoptees are interviewed at the time of their “meet and greet” appointment with the dog. Staff at the Animal Shelter consider whether a pet is suited to the adoptee’s family environment. Staff provide information on the animal’s needs and requirements to promote responsible pet ownership.

For example, when a dog passes the required behavioural assessment, Staff can educate the new owner on what the dog would need in a new home. This can relate to the size of a dog verses the potential strength or ability of the new owner, the housing of the dog, the need for adequate fencing, etc.

If a person is deemed unsuitable for a particular dog, then this is explained to them and the dog is not released into their care.

Strategy and Assets Committee – Tuesday 21 July 2020

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SA20.132 Financial Assistance - Bushfires - Water Accounts

HPERM Ref: D20/270143

Section: Water Customer & Business Services

Approver: Robert Horner, Acting Director Shoalhaven Water

Attachments: 1. Bushfire Assistance Water Usage Rebate - Processed Applications as at 30 June 2020 ⇩

Reason for Report

To quantify the financial assistance provided to water account holders and to seek confirmation of closing of applications for the Bushfire Assistance Water Usage Rebate.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Affirm that applications for the Bushfire Assistance Water Usage Rebate will close 24 July 2020

2. Receive for information the summary of financial assistance provided through:

a. 2019/20 Quarter 3 Account Write-Off (properties damaged & destroyed)

b. Bushfire Water Usage Rebate

Options

1. Resolve to endorse the closing of applications for the Bushfire Water Usage Rebate effective 24 July 2020.

Implications: Any residential customers who have not yet applied for the Rebate and are seeking financial assistance for excess water used may do so under Shoalhaven Water’s Payment Assistance Scheme – POL16/86.

2. Resolve to endorse an alternate closing date for applications.

Implications: The processing of Rebates takes a considerable amount of time and resources. The same team which process the Rebate will also be responsible for the weekly review and processing of the COVID Financial Relief (ongoing for all 2020/21 FY). It is not sustainable under existing resources to run both processing in parallel.

Background

On 25 February 2020 Council resolved to provide avenues of financial relief to water account customers impacted by the bushfires of 2019/20 and requested a further report quantifying the impact upon Council’s Water Fund. This report relates to items 1, 4 and 5 of the below recommendation; being a summary of relief provided and quantifies its financial impact on the water budget.

Min 20.136

That Council:

1. Waive Water & Sewer Account charges for the quarter for all properties where the NSW Rural Fire Service (RFS) have identified as damaged or destroyed properties. The applicable quarter is that in which the destruction/damage occurred.

2. Endorse changes to debt recovery processes on outstanding Water and Sundry Accounts for potentially affected properties as follows:

a. Suspend all debt recovery actions until the full building impact assessments have been completed.

b. Once impact assessments are complete;

i. those properties identified as damaged or destroyed will continue to have debt recovery actions suspended until 30 June 2021.

ii. those properties confirmed as not being fire impacted will resume usual debt recovery processes.

3. Council continue to pursue government relief funds/grants to further assist water customers impacted by the fires.

4. That the policy be changed to provide the CEO (Director – Shoalhaven Water) general delegated authority to determine all requests for fire impacted properties on their merit. For clarity, where an application is made the CEO be authorised to waive the difference between the water used during the fire event to the meter reading for the same period in the previous year. The fire event being where the RFS Incident Controller advised residents they should consider leaving or it was too late to leave.

5. That a further report come back to Council in regard to Part 1 quantifying the impact upon council budget and the CEO keep Councillors advised in relation to applications assessed in respect of Part 4.

Shoalhaven Water provided two avenues of financial relief as a result on MIN20.136; a Quarterly Account Waiver and a Bushfire Assistance Water Usage Rebate.

Quarterly Account Waiver – relates to item 1 of MIN 20.136

Nature of Assistance

3^rd Quarter Water account (issued between January and March 2020) all water & sewer charges waived (both fixed and usage charges).

Who was eligible?

Any property owner who:

· Had the NSW Rural Fire Service (RFS) determine their property as damaged or destroyed, this included any degree of damage to any building type.

Please note that the eligibility criteria of this assistance were broader than the Rates assistance provided by Service NSW.

What was the value of the benefit?

The value of the benefit to each customer varied, based upon;

· what services they access (water and/or sewer)

· the volume of water used in that billing period

Total value of the benefit = $91,405.66

Average benefit = $326.45

How many customers benefited?

· 280

Bushfire Assistance Water Usage Rebate – relates to item 4 of MIN 20.136

Nature of Assistance

The Bushfire Assistance Water Usage Rebate was established to assist with the cost of water used to prepare and protect property. The rebate was the value of the increase in water usage (on a daily average basis) for accounts issued between 31 January and 31 March, compared to the same time last year.

Please note that accounts issued between January and March related to water charges incurred in the 90-day billing period prior to account issue, therefore all water used during the fire period was captured in this Rebate.

The Rebate application was via an online form through Shoalhaven Water’s Webpage.

Who was eligible?

To be eligible customers needed to:

· be in an area where the RFS advised that they should consider leaving or that is was too late to leave,

· have used more water compared to the same time last year.

How many customers benefited? (as at 30 June 2020)

· 3781

· See Attachment 1 for full breakdown of applications, by volume, date and suburb.

What was the value of the benefit? (as at 29 May)

Total value of the benefit = $302,207.44

Average benefit = $60.94

SUMMARY OF FINANCIAL ASSISTANCE

Relief Type	No Benefiting Customers	Value
Write-Off	280	$ 91,405.66
Usage rebate	3,781	$302,207.44
TOTALS	4,061	$393,613.10

Request to Endorse a Rebate Closing Date

The Resolution to offer the Rebate to affected customers did not include a closing date, although an indicative cut-off date of 1 June had been communicated to customers.

A closing date of 24 July is now requested to provide clarity to both customers and staff.

How was the Rebate communicated?

Shoalhaven Water worked with Council’s Communications team to develop a number of strategies to communicate the Rebate to our customers. These are the means by which our customers have been engaged:

· In Writing:

Shoalhaven Water customers received the below correspondence as inserts with their water accounts.

Letter sent with accounts issued between	Assistance Announced
31 January to 5 March	Initial Advice – Bushfire Assistance being considered by Council
6 March to 7 May	Water Usage Rebate details announced
8 May to 31 May	Rebate closing date announced (1 June)

· Online:

Alerts and full details have been placed on Shoalhaven Water’s ‘Rebates’ webpage since February.

Whilst the online application was closed on 2 June, applications have continued to be accepted in writing (email or letter).

· Social Media:

Posts were placed on Council’s Facebook page, both to announce the opening of the Rebate and alerting of a closure on 1 June.

· Radio Advertising:

Radio advertising to advise of a 1 June closure was undertaken on the 2 local radio stations (Power FM and 2ST), twice daily between 22 and 28 May.

Why close 24 July?

The request to confirm a closing date has been considered in light of a number of factors, including but not limited to ensuring that our customers are not disadvantaged, and they be given sufficient time in which to apply.

· Alternate financial support:

Should the closing date be adopted, we are able to provide an alternate pathway for the same level of support for water usage charges for our residential customers.

Shoalhaven Water provides ongoing financial support through the Payment Assistance Scheme (PAS). The scheme operates in conjunction with community agencies who offer a wide range of support services, including the issuing of vouchers (issued in multiples of $25) towards outstanding water usage charges. The Scheme is fully funded by Shoalhaven Water.

· Assistance to be relative to charge date:

The Rebate relates to water consumed more than 6 months and 2 accounts ago. All customers who used more water over the fire period have now had sufficient time to review their water consumption.

· Keep Rebate within the Financial Year:

To attempt to keep the Rebate within the Financial Year in which the charges applied, it would be ideal to close applications by 30 June or as soon as possible thereafter.

· Competing resource demands:

The processing of Rebate applications is undertaken by the same core staff who are now fully engaged with the COVID Financial Relief Package.

· Application volumes have diminished:

Since end of May, there has been a marked decline in number of applications.

Table 1: Timeframes of Applications Received

Community Engagement

Our customers have had communication regarding the closing of applications through a variety of media, with a focus of communication during the month of May. With an emphasis on now engaging with our customers to apply for the COVID Financial Relief Package, of which Shoalhaven Water is a major contributor, those who are experiencing financial hardship have an additional source of support.

Financial Implications

The total value of bushfire financial support funded by Shoalhaven Water has totalled just under $400,000 as at 30 June 2020.

This will represent a reduction in Shoalhaven Water’s FY20/21 proposed dividend to Council, which was forecast in the 2020/21 DPOP to be $712,000 from Water Fund and $1.4M from Sewer Fund.

In addition to the above, Council adopted the following, through an Urgency Motion (MIN19.965), in December 2019. This service was provided to those properties impacted by the fires and did not have access to Council’s potable water supply (i.e. were not customers of Shoalhaven Water).

That

1. Council adopt and trial the policy of making 4,500 L of water available at no cost to property owners facing an imminent fire threat, where their tank water supplies have been depleted, and logistics and Staff safety enables Council to comply with the policy .

2. The initial trial be Evans Lane which forms the border between the farmlands adjacent to Milton and the forested lands.

3. Should the property owners wish to increase the allocation this is to charged out at cost.

4. If for any reasons Council resources are not available property owners be encouraged to make their own water transfer arraignments while still having the benefit of the first 4500 l of water at no cost.

5. The Chief Executive Officer be authorised to vary this policy following advice from The Rural Fire Service, or the Director Shoalhaven Water.

6. This activity be deemed to be a Community Service of Shoalhaven Water.

Between 15 December 2019 and 14 January 2020, Shoalhaven Water Operations staff made 163 deliveries of water at an average of 4,000L per delivery. Each of these deliveries were made at no cost to recipients; the market value of water delivered (including delivery) was approximately $150 per load. Total market value of water delivered was therefore approximately $24,450.

Event / Activity	Original Request $	Mid-Scale $ option 1 (90% original request)	Lower Scale $ option 1 (80% original request)
Meet Me in the South Coast	75,000	67,500	60,000
Big Country	25,000	22,500	20,000
Burradise	25,000	22,500	20,000
Fairgrounds	25,000	22,500	20,000
South Coast Food & Wine Festival	25,000	22,500	20,000
Huskisson Triathlon Festival	25,000	22,500	20,000
TOTAL	200,000	180,000	160,000

Metropolitan	Non-metropolitan
Principal CBD	Major Regional City
Major CBD	Major Strategy Area
Metropolitan Large	Regional Strategic Area
Metropolitan Medium	Regional Centre
Metropolitan Small	Regional Rural
	Rural

CATEGORY	Councillor Annual Fee	Mayor Additional Fee*
Regional Rural	$20,280	$44,250

CATEGORY	Councillor Annual Fee		Mayor Additional Fee*
CATEGORY	Minimum	Maximum	Minimum	Maximum
Regional Centre	$13,820	$24,320	$28,750	$60,080

Lessee	The Brow Collective
Lessor	The Council of the City of Shoalhaven
Premises	Part Lot 1 DP 225912 known as 37a/43 Kinghorne Street, Nowra
Area	60sqm unsurveyed
Zoning	Business B3 – Commercial Core
Permitted Use	Beauty – retail sales, brow design and styling methods
Commencement	1 August 2020 (alternatively once DA approved for change of use)
Initial Term	Two (2) years
Options	One (1) year
Rent	$18,000 pa + GST Paid by monthly instalments of $1,500 + GST pm
Rental Incentive	Three (3) months’ rent-free period from lease commencement date (NB this does not include Outgoing charges)
Increases	3% annually on the date of lease commencement
Market Review	At the end of each term
Outgoings	100% Garbage Sanitary Management Fees Trade Waste (if required) Backflow prevention (if required) Any charges that solely relate to the lessee’s use of the premises other than Council rates, land tax & water rates. 16.67% Of all other Outgoings as proportionate building share: Council rates Insurance Water / Water Usage / Sewer Availability *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 (if Council Unit provided) Fire equipment maintenance & servicing - AFSS Pest Control Cleaning Security
Interest Rate	12%
Security Deposit / Bank Guarantee	$3,000 + GST ($3,300 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 as Interested Party

Total Capital cost over life of Asset 1/6^TH the total for the whole building at $3,580,000.	$596,667
Design Life of Major Asset	80
Annualised capital, Operating & R&M
Depreciation - Amortising capital cost	$5,688
Annualised Operating Costs	$3,000
Annualised M&R	$3,400
Total Annualised (Depreciation, Operating & R&M)	$12,088
Proposed Annual rent	$18,000
(-)Subsidy/ Profit to Council	$5,913
Return on Investment (ROI)	0.99%

Lessee	Cash Stop Financial Services Pty Ltd
Lessor	The Council of the City of Shoalhaven
Premises	Part Lot 1 DP 225912 known as 43/43 Kinghorne Street, Nowra
Area	60sqm unsurveyed
Zoning	Business B3 – Commercial Core
Permitted Use	Financial services & administration
Commencement	3 August 2020 (alternatively once DA approved for change of use if required)
Initial Term	Three (3) years
Options	Three (3) years
Rent	$20,000 pa + GST Paid by monthly instalments of $1,666.37 + GST pm
Market Review	End of each term – Three (3) years
Rental Incentive	Three (3) months’ rent-free period from lease commencement date (NB this does not include Outgoing charges)
Increases	3% annually on the date of lease commencement
Outgoings	100% Garbage Sanitary Management Fees Trade Waste (if required) Backflow Prevention (if fitted) Any charges that solely relate to the lessee’s use of the premises other than Council rates, land tax & water rates. 16.67% Of all other Outgoings as proportionate building share: Council rates Lessor’s Building Insurance Water / Water Usage / Sewer Availability *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 (if Council Unit provided) Fire equipment maintenance & servicing - AFSS Pest Control Cleaning Security
Interest Rate	12%
Security Deposit / Bank Guarantee	$3,333.33 + GST ($3,666.67 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 as Interested Party

Total Capital cost over life of Asset (1/6^TH the total for the whole building at $3,580,000)	$ 596,667
Design Life of Major Asset:	80 years
Depreciation - Amortising capital cost	$ 5,688
Annualised Operating Costs	$ 3,000
Annualised M&R	$ 3,400
Total Annualised (Depreciation, Operating & R&M)	$ 12,088
Proposed Annual rent	$ 20,000
(-)Subsidy/ Profit to Council	$ 7,913
Return on Investment (ROI)	1.33%

Tenderer	Location
BY Group Pty Ltd	Sanctuary Point
Jirgens Civil Pty Ltd	Bomaderry
Pascall Group Pty Ltd	Bomaderry
Reitsma RFM	Seven Hills

Tenderer	Location
Killard Infrastructure Pty Ltd	60 Robinson Street Goulburn NSW 2580
Murphy McCarthy Associates Pty Ltd	43 Hubert Street, Leichhardt, NSW, 2040
Hisway Pty Ltd	13A INVESTIGATOR STREET, NOWRA 2541
Eire Constructions Pty Ltd	Level 1 Suite 4, 109 William Street PORT MACQUARIE NSW 2444
Select Civil Pty Ltd	73 Reddalls Road, Kembla Grange NSW 2526
Ledonne Construction Pty Ltd	43 Planthurst Rd, Carlton NSW 2218
Pipe Replacement Solutions Pty Ltd	66-68 Townsville Street, Fyshwick ACT, 2609