Agenda of Ordinary Meeting - 27 October 2020

Ordinary Meeting

Meeting Date: Tuesday, 27 October, 2020

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

Time: 5.00pm

Membership (Quorum - 7)

All Councillors

Please note: The proceedings of this meeting (including presentations, deputations and debate) will be webcast and may be recorded and broadcast under the provisions of the Code of Meeting Practice. Your attendance at this meeting is taken as consent to the possibility that your image and/or voice may be recorded and broadcast to the public.

Agenda

1. Acknowledgement of Traditional Custodians

2. Opening Prayer

3. Australian National Anthem

4. Apologies / Leave of Absence

5. Confirmation of Minutes

· Ordinary Meeting - 22 September 2020

· Extra Ordinary Meeting - 29 September 2020

6. Declarations of Interest

7. Presentation of Petitions

8. Mayoral Minute

Mayoral Minute

MM20.13..... Mayoral Minute - Trophy Presentation - Appreciation to Shoalhaven City Council for Rent Relief...................................................................................................... 1

MM20.14..... Mayoral Minute - Congratulations - LGNSW Excellence in the Environment Awards 2020 - Resource Recovery Award................................................................. 2

MM20.15..... Mayoral Minute - Congratulations - Shoalhaven Animal Shelter named Outstanding Council Animal Shelter................................................................................... 3

MM20.16..... Mayoral Minute - Congratulations - The NSW Resilient Australia Awards - SES - OHANA Project............................................................................................... 4

MM20.17..... Mayoral Minute - Congratulations - LGNSW Excellence in the Environment Awards 2020 - Towards Net Zero Emissions Award.................................................. 5

9. Deputations and Presentations

10. Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

CL20.257..... Rescission Motion - DE20.115 Development Application - DA19/2165 - 15 Vallon Rd Woollamia - Lot 3 DP 832984........................................................................ 6

CL20.258..... Notice of Motion - DE20.115 Development Application - DA19/2165 - 15 Vallon Rd Woollamia - Lot 3 DP 832984........................................................................ 7

DE20.99...... Notice of Motion - Community Concerns re logging of South Brooman State Forest........................................................................................................................ 8

CL20.259..... Notice of Motion - Business Chamber Coming Together............................ 10

CL20.260..... Notice of Motion - Bomaderry Community Inc. Project................................ 11

CL20.261..... Notice of Motion - Hanging Rock Fence Facelift and Historical Signs........ 14

CL20.262..... Notice of Motion - Promoting Shoalhaven as a Place to Live and Do Business 15

CL20.263..... Notice of Motion - Water Filling Station, Thompson Street, Sussex Inlet.... 17

CL20.264..... Notice of Motion - Use of Public Roads - Motorised Scooters.................... 18

CL20.265..... Notice of Motion - Vincentia Foreshore Reserve Maintenance................... 19

CL20.266..... Notice of Motion - Tomerong RFS Car Park................................................ 20

CL20.267..... Notice of Motion - Reindorsement of Council Policy - Mayoral Duties, Council Invitations and Ministerial Visits and Such Like........................................... 21

CL20.268..... Notice of Motion - Cudmirrah Community Gardens..................................... 22

CL20.269..... Notice of Motion - Lake View Drive Burrill Lake - Storm Water................... 23

CL20.270..... Notice of Motion - Jindelara Cottage –
59 Nurrawallee Street, Ulladulla................................................................... 24

CL20.271..... Notice of Motion - Sussex Inlet Community Library, Tourism, and other services...................................................................................................................... 26

CL20.272..... Notice of Motion - Sussex Inlet Thompson Street Complex........................ 27

CL20.273..... Notice of Motion - Meetings - Milton Ulladulla Historical Society & Berry Spinners & Weavers........................................................................................................ 28

CL20.274..... Notice of Motion - Consolidate Jervis Bay National Park............................ 29

CL20.275..... Notice of Motion - Permanent Remote Access to Shoalhaven City Council Meetings...................................................................................................................... 31

11. Committee Reports

CL20.276..... Report of the Strategy & Assets Committee - 13 October 2020.................. 32

SA20.181.... Notice of Motion - Ulladulla Water-Ski Club

SA20.188.... Extension of appointment of independent member of Audit, Risk and Improvement Committee

SA20.192.... Proposed Lease - Noah's Ark Centre of Shoalhaven Incorporated - 158 Green Street, Ulladulla

SA20.193.... Transfer of Lot 101 DP 219576 East Street, Nowra to NSW Land & Housing

SA20.194.... Proposed Retail Lease to Ashack Pty Ltd - 3/3 Schofields Lane, Nowra

SA20.195.... Proposed sale Lot 3 DP 597223 Bolong Road Coolangatta

SA20.203.... Acquisition of Easement - Sewer Purposes - 18 Daley Cres North Nowra

SA20.204.... Acquisition of Easement - Sewer Purposes - 22 Commonwealth Avenue Burrill Lake

SA20.205.... Acquisition of Easement - Sewer Purposes - 4 Woodlawn Avenue Burrill Lake

SA20.206.... Acquisition of Easement - Sewer Purposes - 7 Wallaroy Drive Burrill Lake

SA20.207.... Acquisition of Easement - Sewer Purposes - 40 Wallaroy Drive Burrill Lake

SA20.208.... Acquisition of Easement - Sewer Purposes - 43 Wallaroy Drive Burrill Lake

SA20.209.... North Nowra Surcharge Main - Stage 1 Works

CL20.277..... Report of the Nowra CBD Revitalisation Strategy Committee -
16 September 2020...................................................................................... 37

CBD20.15... Application for Membership - CBD Property Owner

CL20.278..... Report of the Shoalhaven Traffic Committee - 13 October 2020................ 38

TC20.38...... Proposed Roundabout - Illowra Lane - Booderee Avenue - Hyams Beach (PN 3608)

TC20.39...... Proposed Bus Zones and Bus Shelters - Leo Drive - Narrawallee (PN 3610)

TC20.40...... Proposed No Parking Zone - Corks Lane - Milton (PN 3611)

TC20.41...... Proposed Parking Restrictions - Beach Street - Huskisson (PN 3612)

12. Reports

City Performance

CL20.279..... Register - Disclosure of Pecuniary Interest Returns - 2019/2020............... 46

CL20.280..... Investment Report - September 2020.......................................................... 52

City Development

CL20.281..... Variations to Development Standards - September Quarter 2020.............. 58

City Lifestyles

CL20.282..... Summary of Public Exhibition and Proposed Adoption of Draft Plaques and Memorials Policy and Draft Amendment to Parks Management Policy........................ 60

13. Confidential Reports

Committee Reports

CCL20.10.... Report of the Strategy & Assets Committee - 13 October 2020

CSA20.15.... Provision of Annual Professional Beach Patrol / Lifeguarding Services - Shoalhaven Beaches - 2020 / 21 to 2024 / 25

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

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

Ordinary Meeting – Tuesday 27 October 2020

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CL20.260 Notice of Motion - Bomaderry Community Inc. Project

HPERM Ref: D20/445496

Submitted by: Clr Nina Digiglio

Purpose / Summary

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

Recommendation

That Council consider allocating $2000 from the Unallocated Donations Budget to Bomaderry Community Inc. to auspice a project to Rejuvenate the Bomaderry Community Centre external assets and Parkland.

Background

Bomaderry Community Inc.

Proposal for initial $2000 funding from Shoalhaven City Council for the update to Bomaderry community centre asset and parklands

Community Benefits

The reactivation and update to this central community asset will provide ongoing community benefits as summarised below:

- Create interest through utilising native bush food and sensory species

- Encourage use of valuable community space by using key specimens to create comfort and shade

- Wayfinding and promotion of community character, community events and utilisation of community centre spaces through improved signage and interest

- Benefit existing stakeholder relationships

- Promote community maintenance of area though increased community group engagement and participation

- Inclusivity of all community members through the use of conscious inclusive design principles

- Access and knowledge about native and endemic species for local community members and visitors

- Minimise maintenance of invasive species

Stage 1

1) Removal of shrub in the southwestern corner to allow for welcoming frontage and gathering space

2) Removal of invasive/non-beneficial species from existing terrace

3) Installation of native bush food and sensory plants into existing terrace area

4) Removal and tidy up of non-maintained and invasive plants on Southside gardens maintaining key specimens.

- Increase visibility and flow into the centre and surrounds from the street frontage

- Space can also be utilised for stands / tables to be set up to welcome visitors into community space for events and activities

- Maintain existing rock boundaries

- Additional path through the garden from the south-west side for easy pedestrian traffic flow

5) Installation of a seating area on South-west side where shrub has been removed to promote community gathering and welcome space

- Utilise reusable resources and art group/ local community groups

6) Mulching of gardens to reduce weeds and promote moisture retention and plant health- Co-contribution utilising community resource of council mulch

7) Sign updates

- Possible utilisation of existing signboard

- Repaint with contribution from local artist groups and/or signwriters

- Maintain Shoalhaven Council logo while allowing for community character to be at the forefront

- Relocation to more visible position- In front of streetlamp facing SSE towards Birriley St

- Addition of “What’s on in Bomaderry” section

- Additional signage on North-Eastern side capturing audience/ visitors who are park goers

- Small “Community centre entrance this way” sign on Eastern wall facing car park (not obstructing meals on wheels building or signage)

- Wayfinding street sign or similar type signs around park e.g. bush food garden, Market square, community centre

8) Acquisition of natives, bush food and sensory plants to replace weed species and encourage interest in existing gardens

9) Planting to encourage flow through appeal from the back of community centre key outdoor gathering space into Northerly small field immediately behind community centre for potential use for recreation, community markets and other community gatherings and activities

Stage 2

10) Clean up of weed trees such as small camphor laurels and pittosporum under key parkland trees to allow for better human traffic flow, better vision, ease of maintenance for council maintenance and other maintenance groups (mowing, electrical line coppicing etc) and flow between the whole of parkland area and community facilities

11) Plant small to medium native feature shade trees a few metres from the Western boundary for shade for events and native interest

12) Natural playscape joining bush food/ sensory terrace garden into North Western “recreational/ market square field” Location TBA

13) Yarning circle - Multi-use for small gatherings and for less mobile community members to utilise as a seating area for larger events- Consider shade and access- Location TBA- Engage local youth

14) Wheelchair accessible park benches in existing shade areas on previous “road” through the park from North to South (ends at Northers side of the car park) – Assess/consider any underground utility/ necessary access

15) Remove and replace broken fencing on old road - Replace with bollards - Assess/consider any underground utility/ necessary access

16) Water tank installation off community centre and cleaning of roof to utilise this large catchment area for watering of low input gardens in drought periods- Location TBA

- Seek co-contribution from local businesses and community groups

Species list TBA after thorough site analysis including: Section analysis, ID key species existing, Identify local resources and species + species of historical local interest, Utilise low maintenance/ drought tolerant species

** Map not to scale

Note by the CEO

The Unallocated Donations budget for 2020/21 stands at $22,495.91.

Ordinary Meeting – Tuesday 27 October 2020

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CL20.262 Notice of Motion - Promoting Shoalhaven as a Place to Live and Do Business

HPERM Ref: D20/435050

Submitted by: Clr Andrew Guile

Purpose / Summary

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

Recommendation

That the CEO (Director City Futures) report to Council a suitable budget and funding source within the City Futures Directorate of Council, to undertake an effective digital marketing campaign aimed at encouraging people to relocate to the Shoalhaven.

Background

The post COVID-19 world has seen major changes in work whereby many employees and businesses have co-operated to facilitate effective working from home arrangements.

This presents an opportunity for those of us in regional areas like the Shoalhaven to promote the opportunity for people to move to the Shoalhaven for both the lifestyle advantages and the potential for conducting business.

A number of trends have emerged through the COVID-19 pandemic isolation period:

· There has been a rapid and large-scale shift across many industries towards working remotely.

· Organisations are investing in remote working technology and infrastructure; and

· The popularity of virtual communication platforms has surged.

Working remotely during the COVID-19 pandemic has quickly become the new norm, and one that is unlikely to dissipate quickly – rather, remote working (both part-time and full-time) will rise across all industries. This will include industries such as financial services and the public sector, which have typically been office-bound and challenged by remote working at scale.

Work will be regarded as a thing you do, rather than a place you go. Leaders will step up and adopt a far more flexible approach to understand and work with the personal circumstances of their employees. The 5G rollout will boost internet speed and reliability across the country, further expanding the possibilities of a remote workforce.

One of the questions leaders are now asking is what all this means and will this have an impact on the choice of where to live that gives workers the right balance of space and local service and amenities.

The Real Estate Institute of New South Wales is expecting regional areas to do well in the long term as a result of the pandemic and planning academics are suggesting that governments would need to invest in regional areas to make the most of a post-pandemic migration. There is a suggestion that a new wave of tree and sea changers could boost regional economies, however more needs to be done to attract younger, working demographics.

The Shoalhaven has a strong strategic framework to support growth and provide places and spaces to attract new residents. Council needs to continue to pursue its strategic economic agenda as reported in our planning documents and the economic development strategy. These documents are about supporting growth and developing attractive places for people to live and work. A key part of being able to attract new residents to the City will be ensuring the services, housing choice, attractiveness of our main towns, health, education and transport options are well developed and comparable to other regional centres that actively work to attract tree changers.

Acknowledging the importance of continuing to develop the Shoalhaven, marketing and promotion should be utilised to encourage people to make the move to our region. Using digital media is now a leading way to share engaging content.

There is an opportunity to investigate the development of a digitally based promotional campaign that focuses on the lifestyle on the south coast and the advantages of choosing to relocate to the Shoalhaven. The basis of a promotional campaign exists with the already developed resources in tourism and economic development that reside within the City Futures Directorate.

Specifically, it is proposed that Council could undertake a social media based campaign, running the ads with a clear statement about being able to work remotely in a growing community and showcasing what the Shoalhaven has to offer in favour of work life balance. A campaign would comprise the following elements.

Channels:

· Corporate Instagram and Facebook

· LinkedIn

Target Market:

· Sydney, Canberra, Melbourne

· 30-50 years old

Media:

· Images and video – show-casing why working from home in the Shoalhaven is better than working from home anywhere else.

Call to action:

· Invest Shoalhaven

Ads would be pixelated. Meaning you place code on Shoalhaven website from Facebook to be able to track anyone that clicks on the ad and goes to the website. After a month this would be considered our active audience and we can target them with more compelling information about living and working in the Shoalhaven, whilst continuing to run the beginning ads into the same markets.

The most challenging aspect of a campaign like this is the uncertainty around determining who would be willing to move from a capital city in our target market to the Shoalhaven. So there would need to be some consideration given to an ongoing budget to support ongoing marketing / brand positioning over the longer term.

However, as a short term proposition a budget of around up to $20,000 would support creation of a video, updates to the Shoalhaven website, and delivery of advertisements.

This proposal represents a sound strategy to further promote the Shoalhaven and in particular as a place for people to relocate, where they now have the option to work from home. Furthermore, this proposal also supports the COVID Business Assistance Package and the Resident Assistant Package by attracting new investment revenue to the City.

Ordinary Meeting – Tuesday 27 October 2020

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CL20.270 Notice of Motion - Jindelara Cottage –
59 Nurrawallee Street, Ulladulla

HPERM Ref: D20/457183

Submitted by: Clr Patricia White

Clr Mark Kitchener

Purpose / Summary

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

Recommendation

That Council:

1. Support the Lions Ulladulla District Community Foundation (LUDCF) to acquire, by boundary variation, a portion of Nurrawallee Street (road reserve) that abuts the northern boundary of Jindelara Cottage (59 Princes Highway, Ulladulla) – map attached prepared by Council Staff.

2. Negotiate with LUDCF a reasonable nominal amount for the purchase of the road reserve due to future use of the land for increased community services for respite care and Disability accommodation.

3. Work with LUDCF to resolve the issues identified by the notifiable authorities and submission from notifications.

4. Receive a report back on any further issues that may arise.

Background

Council has been working with Lions Ulladulla District Community Foundation (LUDCF) to acquire, by boundary variation, a portion of Nurrawallee Street that abuts the northern boundary of Jindelara Cottage (59 Princes Highway, Ulladulla). The LUDCF are a registered charity and the owners of Jindelara Cottage. A diagram of the land concerned is below.

Currently, Jindelara Cottage provides respite accommodation for the disabled and it is the plan of LUDCF to increase the range of services provided to include residential accommodation on the site.

Many Councillors attended the official opening of Jindelara Cottage several years ago after many years of planning. Many people would remember prior to Jindelara Cottage disability services, disable people in the Southern Shoalhaven would need to travel to Nowra or Batemans Bay (if places were available) for respite services.

The plan provides for a full-time residential group home and individual units, to accommodate for a range of disability, for up to seven persons and provide respite for people. It will also add considerable local employment to the Ulladulla area.

Acquiring this land by LUDCF will provide a much-needed community service in the Southern Shoalhaven. Savings found in negotiations with Council will go to the new building works on the site, thus the request to proceed with the boundary adjustment at a reasonable nominal amount.

I have been advised, a request for comments, neighbour notification and notification to notifiable authorities has been undertaken.

Some issues have been raised from the notifications and this Notice of Motion requests Council to work with LUDCF to address and resolve the issues that include:

• The area is used as an informal turning area. Road pavement will need to be provided with a road “finish” addressing maneuvering of service and emergency vehicles and storm water.

• The area is used to access the road reserve for maintenance.

• Pedestrian access and connectivity to Princes Highway.

• Shoalhaven Water infrastructure

• Land to be consolidated with #59 for legal access.

• Access to unidentified triangular lot to the north (next to #33).

• Notifiable Authorities: - Endeavour Energy; Transport NSW; Water Authority - Shoalhaven Water.

I request all Councillors to support this Notice of Motion to ensure community accessible and inclusion disability services can be provided in the Southern Shoalhaven.

Map of Jindelara Cottage and road reserve

Ordinary Meeting – Tuesday 27 October 2020

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CL20.276 Report of the Strategy & Assets Committee -
13 October 2020

HPERM Ref: D20/453632

SA20.181 Notice of Motion - Ulladulla Water-Ski Club

HPERM Ref: D20/431027

RECOMMENDATION

That Council:

1. Engage with committee members of the Ulladulla Water Ski Club to discuss details of their proposal to repair the boat launching ramp and surrounding area in front of the club house on Burrill Lake at Kings Point.

2. Support Ulladulla Water Ski Club by conducting an underwater survey with a 50m radius from the water’s edge of the boat launching ramp.

3. Provide Ulladulla Water Ski Club with professional support to complete grant applications to Better Boating and any other available grants.

SA20.188 Extension of appointment of independent member of Audit, Risk and Improvement Committee

HPERM Ref: D20/436228

RECOMMENDATION

That Mr Peter McLean’s appointment as an independent member to the Audit, Risk and Improvement Committee be extended for a further term expiring 31 December 2024.

SA20.192 Proposed Lease - Noah's Ark Centre of Shoalhaven Incorporated - 158 Green Street, Ulladulla

HPERM Ref: D20/275098

RECOMMENDATION

That Council:

1. Enter into a five (5) year lease agreement, plus two five-year option periods (5 + 5) for the premises known as 158 Green Street Ulladulla with Noah’s Ark Centre of Shoalhaven Incorporated trading as Noah’s Inclusion Services at a rent of the statutory minimum per annum;

a. At a commencing rent of $1.00 until 30 June 2021 in accordance with the initial Commonwealth Government grant funding agreement;

b. Statutory minimum rent to commence on 1 July 2021;

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

SA20.193 Transfer of Lot 101 DP 219576 East Street, Nowra to NSW Land & Housing

HPERM Ref: D20/357117

RECOMMENDATION

That Council:

1. Advertise its intention to transfer Lot 101 DP 219576 East Street, Nowra and if no objections are received, authorise the transfer of the property at NIL compensation to NSW Land and Housing Corporation;

2. Note that each party be responsible for their own costs associated with the transfer;

3. Fund all of Council’s costs associated with the transfer from Job Number 28800; and

4. Authorise the affixing of the Common Seal of the Council of the City of Shoalhaven to any documents requiring to be sealed and that the Chief Executive Officer be authorised to sign any documents necessary to give effect to this resolution.

SA20.194 Proposed Retail Lease to Ashack Pty Ltd - 3/3 Schofields Lane, Nowra

HPERM Ref: D20/379396

RECOMMENDATION

That Council:

1. Enter into a three (3) year lease plus two three (3) year options (3 + 3 + 3) for part Lot 2 DP 591885 known as 3/3 Schofields Lane Nowra with Ashack Pty Ltd trading as S Express Café for the purpose of a café, at a commencement rent of $14,400 (excl GST) pa + outgoings with 2% annual increases and market review at the end of each term.

2. Require each party to pay their own legal costs relating to this matter or as per Retail Leases Act 1994 guidelines.

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

SA20.195 Proposed sale Lot 3 DP 597223 Bolong Road Coolangatta

HPERM Ref: D20/392373

RECOMMENDATION

That Council

1. Authorise the sale of Lot 3 DP 597223 by direct negotiation to the adjoining landowner, Gail Howard, at the agreed price of $11,000 plus GST if applicable.

2. Fund all costs associated with the sale from Job No 28800 and the net income be placed in the Property Reserve.

3. Grant authority to affix the Common Seal of the Council to any documents required to be sealed and that the Chief Executive Officer be authorised to sign any documentation necessary to give effect to this Resolution.

SA20.203 Acquisition of Easement - Sewer Purposes - 18 Daley Cres North Nowra

HPERM Ref: D20/417042

RECOMMENDATION

That:

1. Council acquire an Easement for sewerage purposes 3 metres wide over part of Lot 18 DP 22131, No. 18 Daley Crescent North Nowra as shown on attached copy of DP 644296.

2. Council pay compensation of $15,300, plus GST if applicable, reasonable legal and valuation costs associated with the acquisition to the owner in accordance with the provision of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer Fund.

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

SA20.204 Acquisition of Easement - Sewer Purposes - 22 Commonwealth Avenue Burrill Lake

HPERM Ref: D20/415840

RECOMMENDATION

That

1. Council acquire an Easement for sewerage purposes 2 metres wide over part of Lot 251 DP 15648, No. 22 Commonwealth Avenue Burrill Lake shown highlighted on Attachment 1.

2. Council pay compensation of $15,500 plus GST if applicable and reasonable legal costs associated with the acquisition to the owner in accordance with the provision of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer Fund.

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

SA20.205 Acquisition of Easement - Sewer Purposes - 4 Woodlawn Avenue Burrill Lake

HPERM Ref: D20/426726

RECOMMENDATION

That

1. Council acquire an Easement for sewerage purposes 1.4 metres wide over part of Lot 83 DP 209662, No. 4 Woodlawn Avenue Burrill Lake shown highlighted on Attachment 1.

2. Council pay compensation of $6,500 plus GST if applicable and reasonable legal costs associated with the acquisition to the owner in accordance with the provision of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer Fund.

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

SA20.206 Acquisition of Easement - Sewer Purposes - 7 Wallaroy Drive Burrill Lake

HPERM Ref: D20/420730

RECOMMENDATION

That:

1. Council acquire an Easement for sewerage purposes 2.4 metres wide over part of Lot 36 DP 209662, No. 7 Wallaroy Drive Burrill Lake shown highlighted on Attachment 1.

2. Council pay compensation of $11,000 plus GST if applicable and reasonable legal costs associated with the acquisition to the owner in accordance with the provision of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer Fund.

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

SA20.207 Acquisition of Easement - Sewer Purposes - 40 Wallaroy Drive Burrill Lake

HPERM Ref: D20/437262

RECOMMENDATION

That

1. Council acquire an Easement for sewerage purposes 2 metres wide over part of Lot 59 DP 209662, No. 40 Wallaroy Drive, Burrill Lake, shown highlighted on Attachment 1.

2. Council pay compensation of $10,000 plus GST if applicable and reasonable legal costs associated with the acquisition to the owner in accordance with the provision of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer Fund.

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

SA20.208 Acquisition of Easement - Sewer Purposes - 43 Wallaroy Drive Burrill Lake

HPERM Ref: D20/426681

RECOMMENDATION

That

1. Council acquire an Easement for sewerage purposes 2 metres wide over part of Lot 18 DP 209662, No. 43 Wallaroy Drive Burrill Lake, shown highlighted on Attachment 1.

2. Council pay compensation of $11,500 plus GST if applicable and reasonable legal costs associated with the acquisition to the owner in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer Fund.

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

SA20.209 North Nowra Surcharge Main - Stage 1 Works

HPERM Ref: D20/403123

RECOMMENDATION

That

1. Council endorse the engagement of Transport for NSW, to deliver an upgrade of the North Nowra sewage surcharge main and ancillary works as part of the new Shoalhaven River Bridge project.

2. Council accept the quotation from Transport for NSW for the identified Works at an upper limit cost of $4,306,036.95 (excluding GST), funded from Council’s Sewer Fund.

3. Council’s DPOP be adjusted to reflect the commitment to the works for the term of the project (2020/21 & 2021/22).

4. Council delegate the execution of any binding Agreement(s) in respect of these Works between Council and Transport for NSW to the CEO (Shoalhaven Water).

Ordinary Meeting – Tuesday 27 October 2020

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CL20.278 Report of the Shoalhaven Traffic Committee -
13 October 2020

HPERM Ref: D20/455127

Attachments: 1. TC20.38 - PN 3608 Plans ⇩

2. TC20.39 - PN 3610 Plans ⇩

3. TC20.40 - PN 3611 Plans ⇩

4. TC20.41 - PN 3612 Plan ⇩

The Shoalhaven Traffic Committee is a technical review committee not a committee of Council under the Local Government Act, 1993.

The Roads and Maritime Services has delegated certain powers to Council under the Transport Administration Act 1988 (Section 50). A condition of this delegation is that Council must take into account the Traffic Committee recommendations.

IMPORTANT NOTE:

Council cannot amend a Traffic Committee recommendation. The Council can only:

1. Adopt the Traffic Committee recommendation;

2. Not Adopt the Traffic Committee recommendation; or

3. Request the Traffic Committee reconsider the issue.

Other issues can be raised as Additional Business at the Ordinary Meeting.

The full guide to the delegation to Councils for the regulation of traffic can be viewed at: RMS Website

TC20.38 Proposed Roundabout - Illowra Lane - Booderee Avenue - Hyams Beach (PN 3608)

HPERM Ref: D20/435270

RECOMMENDATION

That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed roundabout and associated signage and linemarking at the intersection of Booderee Avenue and Illowra Lane, Hyams Beach, as per the attached Plan No: D20/436198.

TC20.39 Proposed Bus Zones and Bus Shelters - Leo Drive - Narrawallee (PN 3610)

HPERM Ref: D20/436012

RECOMMENDATION

That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed bus zones and associated infrastructure on Leo Drive, Narrawallee as per the attached Plan No: D20/436200.

TC20.40 Proposed No Parking Zone - Corks Lane - Milton (PN 3611)

HPERM Ref: D20/436034

RECOMMENDATION

That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed no parking zone on Corks Lane, Milton as per the attached Plan No: D20/436236.

TC20.41 Proposed Parking Restrictions - Beach Street - Huskisson (PN 3612)

HPERM Ref: D20/436197

RECOMMENDATION

That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed timed parking and associated parking restrictions on Beach Street, Huskisson as per the attached Plan No: D20/436578.

Ordinary Meeting – Tuesday 27 October 2020

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CL20.279 Register - Disclosure of Pecuniary Interest Returns - 2019/2020

HPERM Ref: D20/441585

Section: Business Assurance & Risk

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Report Attachment - Pecuniary Interest Return 2019/2020 - Designated Officer List ⇩

Reason for Report

This report is being submitted directly to the Ordinary Meeting due to the requirements under the Code of Conduct and the Local Government Act 1993.

To provide the Council with the Register of Pecuniary Interest Returns lodged with the Chief Executive Officer (CEO) for the period of 1 July 2019 to 30June 2020 as required under Section 4.21 of the Model Code of Conduct.

Recommendation

That:

1. The report regarding the Register – Disclosure of Pecuniary Interest Returns lodged for the period of 1 July 2019 to 30June 2020 be received for information;

2. The Chief Executive Officer consider appropriate action in respect of any Designated Persons who have failed to provide their return for the period of 1 July 2019 to 30 June 2020.

Options

1. Council may withdraw delegated authority to the Committees whose members have not completed the returns.

Implications: Withdrawing Delegated Authority from Committees may impact on more resolutions being reported to Council.

2. The Chief Executive Officer may suspend membership of Committees for any member in contravention of the Model Code of Conduct.

Implications: Suspending membership until the form has been returned may result in the Committees not reaching Quorum for meetings.

Background

The lodgement date for Pecuniary Interest returns covering 1 July 2019 to 30 June 2020 was 30 September 2020.

Persons with an obligation to lodge a pecuniary interest return by 30 September 2020 are listed in Attachment 1 of the register tabled at this meeting.

Notice was provided to:

· All Councillors on 2 September 2020

· Designated Staff on 7 September 2020

· Committee members on 2 September 2020

with reminders sent via email to various outstanding designated officers on 29 September, 6 October, and 13 October 2020.

All Councillors have completed and lodged their returns.

Despite the attempts and reminders stated above, as noted in Attachment 1, one (1) designated person has not completed a return at the time of preparing this report and has not provided explanation for their failure to do so (i.e. not away or unable to complete due to illness or other reason):

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

Risk Implications

A failure of meeting the obligations with respect to the Pecuniary Interest Returns by designated officer leaves Council at risk of non-compliance with legislative requirements, conflict of interests and limited transparency.

Ordinary Meeting – Tuesday 27 October 2020

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CL20.280 Investment Report - September 2020

HPERM Ref: D20/456162

Section: Finance

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Monthly Investment report - Shoalhaven Council September 2020 (under separate cover) ⇨

Reason for Report

This report is being submitted directly to the Ordinary Meeting due to the report from our investment advisors not being available in time for the Strategy and Assets Committee meeting.

In accordance with section 625 of the Local Government Act 1993 and Clause 212 of the Local Government (General) Regulation, a written report is provided to Council setting out the details of all money it has invested.

Recommendation

That:

1. The report of the Chief Executive Officer (City Performance) on the Record of Investments for the period to 30 September 2020 be received for information.

2. Council note Council’s investment portfolio returned 1.45% for the month of September 2020, exceeding the benchmark AusBond Bank Bill Index (0.09% pa) by 136 basis points (1.36%).

Options

1. The report on the Record of Investments for the period to 30 September 2020 be received for information

Implications: Nil

2. Further information regarding the Record of Investments for the period to 30 September 2020 be requested

Implications: Nil

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

Implications: Nil

Background

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

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

Portfolio Return

Council’s investment portfolio returned 1.45% for the month of September 2020, exceeding the benchmark AusBond Bank Bill Index (0.09% pa) by 136 basis points (1.36%).

Council’s relative outperformance expanded through the falling rate cycle mainly due to longer dated deposits with yields around 1.9% which is far above any available deposit. The outperformance of Council’s portfolio will gradually decline as long-term investments mature and are replaced with low-interest deposits.

The following graph shows the performance of Council’s investment portfolio against the benchmark on a rolling twelve (12) months basis. As can be seen, performance has consistently exceeded the benchmark due to the mix of Council’s investment portfolio.

Interest Earned – September 2020

The following table shows the interest earned for the month of September 2020. The interest earned for the month of September was $215,768, which was $60,150 below the current budget.

Fund	Monthly Budget	Actual Earned	Difference
General	$192,411	$117,429	($74,982)
Water	$62,137	$62,775	$639
Sewer	$21,370	$35,564	$14,194
Total	$275,918	$215,768	($60,150)

Interest Earned - Year to Date

The bushfire/flood natural disasters and COVID-19 pandemic has subsequently reduced Council’s cash balance, which has resulted in a lower interest income than was budgeted for in the General Fund. The September Quarterly Budget Review will recommend a reduction in the interest income budget for the General Fund. The impact of these events on interest revenue continues to be monitored with necessary variations to be reported in future quarterly budget reviews. The interest income for the Sewer Fund is higher than the budgeted amount due to a higher cash balance than expected and there will be an adjustment recommended in the September Quarterly Budget Review.

The following table shows how the actual amount of interest earned year-to-date has performed against the total budget forecast with 25% of the year passed – to date the interest earned to the month of September was $681,990, 20.32% of the current full year budget.

Fund	Original Total Annual Budget	Actual YTD	% Achieved
General	$2,341,000	$366,539	15.66%
Water	$756,000	$200,857	26.57%
Sewer	$260,000	$114,593	44.07%
Total	$3,357,000	$681,990	20.32%

The graphs below illustrate the cumulative interest earned for the year for each fund against budget.

RECORD OF INVESTMENTS

Cash and Investment Balances

	September 2020	August 2020
Cash And Investments Held
Cash at Bank - Transactional Account	$10,084,139	$20,016,390
Cash on Hand	$29,440	$29,140
Other Cash and Investments	$174,926,926	$166,922,153
	$185,040,505	$186,967,683

Fair Value Adjustment	$536,927	$536,927
Bank Reconciliation	-$77,444	$216,040
	$459,483	$752,967

Book Value of Cash and Investments	$185,499,988	$187,720,650

Less Cash & Investments Held In Relation To Restricted Assets
Employee Leave Entitlements	$7,923,913	$7,923,913
Land Decontamination	$389,160	$389,920
Critical Asset Compliance	$1,440,965	$1,445,359
North Nowra Link Road	$28,273	$28,273
Other Internal Reserves	$8,735,153	$7,579,586
Section 7.11 Matching Funds	$311,169	$311,169
Strategic Projects General	$676,979	$914,755
Industrial Land Development Reserve	$6,481,943	$6,515,993
Plant Replacement	$2,633,764	$2,945,740
S7.11 Recoupment	$23,551,315	$23,559,522
Commitment To Capital Works	$2,104,107	$2,229,419
Property Reserve	$1,242,666	$1,259,220
Total Internally Restricted	$55,519,408	$55,102,870

Loans - General Fund	$3,159,064	$3,547,615
Self Insurance Liability	$1,644,231	$1,631,897
Grant reserve	$4,052,815	$4,561,664
Section 7.11	$13,850,091	$13,461,539
Storm Water Levy	$735,631	$641,028
Trust - Mayors Relief Fund	$191,575	$183,005
Trust - General Trust	$2,834,211	$2,847,105
Waste Disposal	$11,276,193	$7,865,357
Sewer Fund	$27,048,809	$27,927,540
Sewer Plant Fund	$2,867,904	$2,983,214
Section 64 Water	$19,789,894	$18,700,766
Water Fund	$26,669,552	$29,677,895
Water Communication Towers	$2,523,942	$2,514,815
Water Plant Fund	$3,722,358	$3,668,713
Total Externally Restricted	$120,366,270	$120,212,152

Total Restricted	$175,885,677	$175,315,022

Unrestricted Cash And Investments
General Fund	$9,614,310	$12,405,628

Restricted Asset Movements

The table below lists the major movements in Restricted Assets:

Total Cash	-$2,220,662	September was a rates instalment month, however due to timing this was offset, as September included 5 weeks of payroll and creditor payments.
Waste Disposal	$3,410,837	September was a rates instalment month.
Water Fund	-$3,008,342	Timing of payroll and creditor payments.
Unrestricted Cash	-$2,791,318	September was a rates instalment month, however due to timing this was offset, as September included 5 weeks of payroll and creditor payments.

COVID-19 Impact

September was a rates instalment month and the impact of COVID-19 has resulted in an increased number of defaults on rates accounts.

At the close of business on 19 October 2020, the number of properties in default (properties with overdue rates > $50) is 8,040 which is 14% of the total notices issued (58,916) this rating year with an impact to cash of $8.9m.

This is compared to the same time last year with 5,923 properties (10%) for a total overdue amount of $6.8m.

It is important to note that Council does not charge interest on overdue rates until 1 January 2021.

Despite the negative impact of COVID-19, Council continues to maintain a sufficient level of working capital and management closely monitors the cash position of the Council.

Financial Implications

It is important for Council to be informed about its investments on a regular basis. Revenue from interest forms a vital part of Council’s revenue stream.

Statement by Responsible Accounting Officer

I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulations 2005 and Council’s Investments Policy POL19/72.

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Description automatically generated

Olena Tulubinska Date: 20 October 2020

Responsible Accounting Officer

Ordinary Meeting – Tuesday 27 October 2020

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CL20.281 Variations to Development Standards - September Quarter 2020

HPERM Ref: D20/335458

Section: Development Services

Approver: Phil Costello, Director - City Development

Reason for Report

This report is being submitted directly to the Ordinary Meeting due to requirement that the information contained in the report is to be reported to the full elected Council and to the Department of Planning, Industry and Environment.

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

Council is also required to publish the variations, report the variations to the full Council and the Department of Planning, Industry and Environment.

Recommendation

That Council receive the Variations to Development Standards – September Quarter Report 2020 for information.

Options

1. Receive the report for information.

Implications: Council will be complying with the reporting provisions as detailed in Circular PS20-002 Variations to development standards.

2. Resolve an alternative and provide details to staff.

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

Background

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

On 5 May 2020, the Department of Planning, Industry and Environment issued a new circular (PS20-002) which replaced PS18-003 and issued assumed concurrence, governance, and reporting requirements for consent authorities. It also advised that council reports are to come through the Planning Portal and the repeal of SEPP 1. The concurrence is conditional containing limitations on lot sizes for dwellings in rural areas and for contraventions over 10%, (which must be reported to Council).

Link to Circular:

https://www.planning.nsw.gov.au/-/media/Files/DPE/Circulars/planning-circular-20-002-variations-to-development-standards-2020-05.pdf?la=en

Procedural and reporting requirements

To ensure transparency and integrity in the planning framework, the Department requires monitoring and reporting measures.

· A written application must be made to support a variation.

· An online register of all variations to be maintained.

· A report must be submitted through the Portal.

· A report of all variations from a Council must be provided to a meeting of the Council at least once a quarter.

Audit

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

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

Conclusion

The repeal of SEPP 1 came into effect from 1 February 2020 as part of the SEPP Review Program to update and simplify the NSW Planning system.

The variations are provided to the Department in the form of a spreadsheet as soon as possible after the quarter has ended. A copy has already been submitted.

The table below is based on the spreadsheet but is simplified for easier reading. The spreadsheets are viewable on Council’s webpage and are published quarterly as soon as possible after the last day of the month.

1. Table – Variations September Quarter 2020

DA	Lot	DP	Street #	Street Name	Suburb	Post Code	Description	Standard Varied	Extent of Variation	Decision	Date
SF10751	1	828093	2	Roseville Rd	BOMADERRY	2541	2 lot subdivision	Clause 4.1 – lot size	9.33%	Conditional approval	21/08/20

Ordinary Meeting – Tuesday 27 October 2020

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CL20.282 Summary of Public Exhibition and Proposed Adoption of Draft Plaques and Memorials Policy and Draft Amendment to Parks Management Policy

HPERM Ref: D20/441718

Section: Recreation Community & Culture

Approver: Jane Lewis, Director - City Lifestyles

Attachments: 1. Draft Exhibited Plaques and Memorials Policy ⇩

2. Draft Exhibited Amended Park Management Policy ⇩

3. Copy of Submissions ⇩

4. Revised Draft Plaques and Memorials Policy With Track Changes ⇩

5. Revised Draft Plaques and Memorials Policy Without Track Changes ⇩

Reason for Report

This report is being submitted directly to the Ordinary Meeting due to the Council resolution MIN20.627 - That Council defer the item to the October Ordinary Council meeting with a preceding Councillor Briefing.

To provide a summary of the submissions received during the public exhibition of the Draft Plaques and Memorials Policy and Draft Amendment to Parks Management Policy and seek endorsement of the revised Draft Plaques and Memorials Policy and the Draft Parks Management Policy. This report is submitted to Council for consideration following a Councillor briefing held on 24 September 2020 and in accordance with MIN20.627.

Recommendation

That Council:

1. Accept this report for information.

2. Adopt the Revised Draft Plaques and Memorials Policy as exhibited and with the following amendments:

a. Remove reference to significant persons / groups in the Policy and allow requests for plaques or memorials to be submitted and considered for all persons.

b. Specify that the Policy does not apply to cemeteries in Section 2 Scope of the Policy.

c. Amend the last paragraph in Section 5 Policy Statement to enable Community Consultative Bodies to establish a memorial garden in public open spaces, following demonstrated community consultation, preparation of designs and Council approval.

d. Amend Section 6 Approval Process to include a new process for Requests for memorial gardens on Council owned or managed land by Community Consultative Bodies.

3. Establish a form for requests for plaques and memorials in public open spaces.

4. Update the asset register to allow registration of plaque or memorial details.

5. Advise submitters of this resolution.

6. Adopt the Draft Amendment to Parks Management Policy as exhibited.

7. Allocate an annual budget of $25,000 to assist Community Consultative Bodies in establishing memorial gardens as part of the quarterly budget review.

8. Council write to Community Consultative Bodies to advise them of this resolution and the opportunity to establish memorial gardens within an agreed and defined open space on Council owned or managed land in accordance with the Plaques and Memorials Policy.

Options

1. Adopt the recommendation.

Implications: The adoption of the new Policy direction will establish a formal structure to manage the placement of plaques and memorials, whilst addressing the submissions received and the suggestions raised by Councillors during the Councillor Briefing.

2. Adopt an alternative recommendation.

Implications: Depending on the nature of the alternative recommendation, this may require re-exhibition of the Draft Policies, or it may not address the submissions received or the suggestions raised by Councillors during the Councillor Briefing.

Background

At the Strategy and Assets meeting on 9 June 2020, Council resolved (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.

In accordance with the above resolution, the Draft Plaques and Memorials Policy and Draft Amendment to Parks Management Policy were publicly exhibited concurrently from Wednesday 1 July to Friday 31 July (inclusive). The draft exhibited policies are provided as Attachments 1 and 2. A summary of the submissions received during the exhibition period is provided later in the report.

At the Strategy and Assets meeting on 8 September, a report summarising the public exhibition period and recommending the adoption of the exhibited policies with changes was deferred subject to a Councillor Briefing. Council adopted MIN20.627:

That Council defer the item to the October Ordinary Council meeting with a preceding Councillor Briefing.

A Councillor briefing was held on Thursday 24 September 2020. The following matters were discussed:

· The limitation of significant persons in the Policy should be removed as it does not allow recognition of someone who is considered important / special to a particular community.

· There is a need to establish a form for individuals / groups to complete for requests for plaques and memorials in public open spaces. These forms should direct enquiries initially to Bereavement Services, encouraging customers to establish a plaque in an existing Memorial Garden. Where the customer would still like to establish a plaque or memorials in a public open space, the application form should be submitted for Community and Recreation Unit to assess.

· Given the previous issues encountered with removal of seats with plaques, establish a register of seats which includes details of plaques and next of kin details, as part of the existing Asset Register.

In response to the matters raised at the Councillor Briefing, the Revised Draft Plaques and Memorials Policy is recommended for adoption, with changes, including removal of references to significant persons. Outside of the Policy process, staff will establish a form for requests for plaques and memorials in public open spaces and update asset register to allow registration of plaque or memorial details. The Revised Draft Plaques and Memorials Policy with track changes is provided as Attachment 3 and without the track changes at Attachment 4.

In addition, Council staff from the Community and Recreation Unit and from Bereavement Services Unit have been able to determine a draft process for considering new requests for plaques or memorials in public spaces, as per the suggestions made during the briefing. The draft process is illustrated below and can be adapted based on each individual application received. Initially all request would go to Bereavement Services to assist the applicant with the process.

Summary of Submissions

During the exhibition period, two (2) submissions were received – these relate to the draft Plaques and Memorials Policy. Copies of the submissions are provided at Attachment 5. Table 1 below summarises and responds to the issues raised in the submissions.

Table 1 – Summary of submissions and proposed recommendations

Submission 1 – Community Member
Summary of Issues	Response
· Agree with the need for a Policy of this nature. However, disagree with the objectives and its limitations. · The Policy should enable all citizens to have a plaque (at their cost). · Council should provide a structure in all Shoalhaven villages / towns for the purpose of placing a memorial plaque. · At current, residents are restricted to Worrigee Memorial Gardens where they may not have a connection to place, note the distance between Worrigee and North Durras. · If the Policy allowed for all resident to have a plaque and a structure is provided, it would negate the need for Council staff to report individual requests to a Council meeting. · Council could recover costs in administering the Policy via charging for plaques. · Memorial pavers have been sold by community groups in the past as a means of raising funds for a pathway, this Policy would no longer allow this on the basis of non-significant persons would be excluded from purchasing pavers. · The Policy does not recognise community members who have a connection / sense of belonging to place. A plaque provides a location for family of lost ones to take solace. · Country towns around Australia have examples of this in cemeteries, although it is not the only way to satisfy the need.	The intent of the Policy is to reduce the number of plaques placed in public open space due to the operational strain they pose. The Draft Policy is recommended to be modified to remove the reference to significant persons, and allow applications to be considered for all community members. The Policy takes into consideration the primary use of public open space being for passive recreation. Allowing a memorial within a public open space in each town and village in Shoalhaven may potentially result in the designated area becoming de facto memorial sites. The Policy does allow for infrastructure which could be utilised to place plaques or memorials, where it is identified in an adopted masterplan (refer to Section 5, page 4). Recommendations to modify the draft exhibited Policy are suggested in response to the late submission in Table 2 of this report. Cemeteries are ultimately considered the most appropriate locations for such memorials, for all community members. There are multiple locations in Shoalhaven where memorial plaque services are offered, including Shoalhaven Memorial Gardens in Worrigee, as well as Berry General Cemetery, Cambewarra General Cemetery, Kangaroo Valley Cemetery or Sandridge Memorial Gardens in Mollymook. Alternatively, donations of outdoor furniture, plaques and the like are encouraged through service clubs, community groups as per MIN18.294. The approach to limit placement of plaques and memorials in public spaces is consistent with a number of other Council areas around Australia, including Waverley, Burwood, Greater Geelong, City of Monash, City of Charles Sturt and City of Salisbury. It is noted that some of these Council’s do not allow any plaques or memorials in public spaces for any community members.
Submission 2 – Council’s Bereavement Services
Summary of Issues	Response
· To avoid any confusion, mention that this policy does not apply to cemeteries may clarify any concerns in the community.	Add to Section 2 Scope of the Policy that the Policy does not apply to cemeteries.

A late submission was received from the Sussex Inlet and Districts Community Forum. At the time of writing the initial report to Council, this submission was included as an attachment, however, was not addressed in the report. Table 2 below summarises and responds to the issues raised in the submission.

Table 2 – Summary of late submission and proposed recommendations

Summary of Issues

Response

· Amend the Policy to include an opportunity for each CCB to consult with their community to identify a community driven approach in each village that could be utilised for memorials.

· Agree that the current practice of seats with plaques is not sustainable.

· Communities need a local place that can be used a memorial.

· Propose the establishment of a native garden at Lions Park, Sussex Inlet where 2-3 seats can be located, and large sandstone rocks placed around the edge of the garden which could then have small memorial plaques attached . This park has fabulous view over the inlet and also has picnic and toilet facilities that can be used for small family memorial gatherings.

The Draft Policy is recommended to be modified to remove the reference to significant persons, and allow applications to be considered for all community members.

There is potential for CCBs to undertake this as a community driven project. It is recommended that Section 5 be amended to allow CCBs to establish a memorial garden in public open spaces, following demonstrated community consultation, preparation of designs and Council approval. Funding the installation, will however, need to be managed by the CCB.

An amendment to Section 6 Approval Process will also be required to stipulate the process. Below the table is the suggested changes in relation to community gardens.

In response to the submission from the Sussex Inlet and Districts Community Forum and the feedback received during the Councillor Briefing, it is recommended that Section 6 of the Draft Policy is amended to outline the process where CCBs wish to make applications to establish memorial gardens in public open spaces. The recommended process has been included in the Revised Draft Plaques and Memorials Policy and is as follows:

Requests for memorial gardens on Council owned or managed land by Community Consultative Bodies (CCBs)

1. Applications to establish memorial gardens must be in writing and must demonstrate compliance with this policy. Applications should include all relevant details including proposed text or images as well as the preferred location for the plaque or memorial, demonstrated community consultation (i.e. affected residents).

2. Initial review of the application will be made by Council Officers in accordance with the criteria in this policy. Any request for a memorial garden within a public open space area that is managed by but not owned by Council will initially be assessed by Council referring to this policy. If assessed by Council as conforming to this policy the request will be referred to the landowner for final approval. Approval from other responsible authorities may be required if a plaque or memorial is proposed on land controlled by legislation.

3. Final review of the design and layout, wording and location of any proposed plaque or memorial will be undertaken by the relevant Manager.

4. A Council resolution will be required to approve the installation of the memorial garden.

5. Once approved, the design, manufacture and installation will be coordinated by CCB with the assistance of Shoalhaven City Council. Council may contribute toward the cost of the manufacture and/or installation.

6. The Community Consultative Body will be required to manage all requests for the placement of a plaque or memorial within public space.

In regard to this aspect of the policy, Council would need to identify and establish ongoing funding to assist CCBs where they wish to put forward a proposal to establishment of memorial gardens within a public space. It is suggested that an ongoing amount of $25,000 would be sufficient, initially. This budget should be an annual allocation, that once expended, is not topped up until the next financial year.

Subject to adoption Council staff will write to Community Consultative Bodies to advise them of this resolution and the opportunity to establish memorial gardens within an agreed and defined open space on Council owned or managed land in accordance with the Plaques and Memorials Policy.

Financial Implications

It is recommended that an ongoing budget allocation of $25,000 per year is supported to assist CCBs in establishing memorial gardens within a public open space. This can be undertaken at the next quarterly review.

The establishment of any plaques, memorials or memorials gardens in public open spaces will need to be identified in the relevant Asset Management Plan to ensure that the whole of life costs are reflected in our long term financial plan.

Policy Implications

The adoption of both Policies will ensure that a new structure is established to manage the placement of new plaques and memorials in public open space.

Ordinary Meeting – Tuesday 27 October 2020

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Local Government Amendment (governance & planning) act 2016

Chapter 3, Section 8A Guiding principles for councils

(1) Exercise of functions generally

The following general principles apply to the exercise of functions by councils:

(a) Councils should provide strong and effective representation, leadership, planning and decision-making.

(b) Councils should carry out functions in a way that provides the best possible value for residents and ratepayers.

(c) Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community.

(d) Councils should apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements.

(e) Councils should work co-operatively with other councils and the State government to achieve desired outcomes for the local community.

(f) Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way.

(g) Councils should work with others to secure appropriate services for local community needs.

(h) Councils should act fairly, ethically and without bias in the interests of the local community.

(i) Councils should be responsible employers and provide a consultative and supportive working environment for staff.

(2) Decision-making

The following principles apply to decision-making by councils (subject to any other applicable law):

(a) Councils should recognise diverse local community needs and interests.

(b) Councils should consider social justice principles.

(d) Councils should consider the principles of ecologically sustainable development.

(e) Council decision-making should be transparent and decision-makers are to be accountable for decisions and omissions.

(3) Community participation

Councils should actively engage with their local communities, through the use of the integrated planning and reporting framework and other measures.

Chapter 3, Section 8B Principles of sound financial management

The following principles of sound financial management apply to councils:

(a) Council spending should be responsible and sustainable, aligning general revenue and expenses.

(b) Councils should invest in responsible and sustainable infrastructure for the benefit of the local community.

(c) Councils should have effective financial and asset management, including sound policies and processes for the following:

(i) performance management and reporting,

(ii) asset maintenance and enhancement,

(iii) funding decisions,

(iv) risk management practices.

(d) Councils should have regard to achieving intergenerational equity, including ensuring the following:

(i) policy decisions are made after considering their financial effects on future generations,

(ii) the current generation funds the cost of its services

Chapter 3, 8C Integrated planning and reporting principles that apply to councils

The following principles for strategic planning apply to the development of the integrated planning and reporting framework by councils:

(a) Councils should identify and prioritise key local community needs and aspirations and consider regional priorities.

(b) Councils should identify strategic goals to meet those needs and aspirations.

(d) Councils should ensure that the strategic goals and activities to work towards them may be achieved within council resources.

(e) Councils should regularly review and evaluate progress towards achieving strategic goals.

(f) Councils should maintain an integrated approach to planning, delivering, monitoring and reporting on strategic goals.

(g) Councils should collaborate with others to maximise achievement of strategic goals.

(h) Councils should manage risks to the local community or area or to the council effectively and proactively.

(i) Councils should make appropriate evidence-based adaptations to meet changing needs and circumstances.