Agenda of Strategy and Assets Committee

Strategy and Assets Committee

Meeting Date: Tuesday, 13 October, 2020

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

Time: 5.00pm

Membership (Quorum - 5)

Clr John Wells - Chairperson

Clr Bob Proudfoot

All Councillors

Chief Executive Officer or nominee

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. Apologies / Leave of Absence

2. Confirmation of Minutes

· Strategy and Assets Committee - 8 September 2020................................................. 1

3. Declarations of Interest

4. Mayoral Minute

Mayoral Minute

MMS20.3.... Mayoral Minute - Road Safety Issues in and around Worrigee Area.......... 13

5. Deputations and Presentations

6. Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

SA20.180.... Notice of Motion - Mollymook Outrigger Canoe Club Boatshed Storage Facility Wason Street Ulladulla Harbour............................................................................... 14

SA20.181.... Notice of Motion - Ulladulla Water-Ski Club................................................. 16

SA20.182.... Notice of Motion - Sussex Inlet Pontoons - Jetty......................................... 18

SA20.183.... Notice of Motion - Traffic Safety - Bryce Property Northern Side Shoalhaven River...................................................................................................................... 19

SA20.184.... Notice of Motion - Scenic Drive. Closure by Traffic NSW............................ 20

SA20.185.... Notice of Motion - Naming of Sussex Inlet Canals...................................... 21

SA20.186.... Question on Notice - Council Owned Road Closure by Third Party............ 22

7. Reports

CEO

SA20.187.... Application for Community Consultative Body Council Accreditation - Sassafras and Districts Progress Association...................................................................... 23

SA20.188.... Extension of appointment of independent member of Audit, Risk and Improvement Committee.................................................................................................... 27

City Performance

SA20.189.... 2020 Local Government NSW Annual Conference - Motions, Delegates and Attendance.................................................................................................... 29

City Futures

SA20.190.... Proposed Submission - Part Aboriginal Land Claim No 42454 and 42499 - Parson Street Ulladulla............................................................................................. 37

SA20.191.... Review of the NSW Bushfire Inquiry Final Report....................................... 51

City Services

SA20.192.... Proposed Lease - Noah's Ark Centre of Shoalhaven Incorporated - 158 Green Street, Ulladulla........................................................................................................ 55

SA20.193.... Transfer of Lot 101 DP 219576 East Street, Nowra to NSW Land & Housing 60

SA20.194.... Proposed Retail Lease to Ashack Pty Ltd - 3/3 Schofields Lane, Nowra.... 64

SA20.195.... Proposed sale Lot 3 DP 597223 Bolong Road Coolangatta....................... 68

City Lifestyles

SA20.196.... Provision of Annual Professional Beach Patrol / Lifeguarding - Shoalhaven Beaches – 2020 / 21 to 2024 / 25................................................................................... 72

SA20.197.... Section 355 Management Committees - Annual Report............................. 75

SA20.198.... Community Development Grants Program 2019/2020 Funding................. 78

SA20.199.... Ulladulla Skatepark Draft Concept Design - Concept Design Endorsement 84

SA20.200.... Petition - Burrill Lake Action Group - Barker Reserve Plan of Management 108

SA20.201.... Acceptance of Grant Funding - Streets as Shared Spaces - Public Art Projects 115

Shoalhaven Water

SA20.202.... Part 1: Moss Vale Road Urban Release Area - Water Lead in Works - Review of Environmental Factors................................................................................ 118

SA20.203.... Acquisition of Easement - Sewer Purposes - 18 Daley Cres North Nowra 121

SA20.204.... Acquisition of Easement - Sewer Purposes - 22 Commonwealth Avenue Burrill Lake.................................................................................................................... 124

SA20.205.... Acquisition of Easement - Sewer Purposes - 4 Woodlawn Avenue Burrill Lake 127

SA20.206.... Acquisition of Easement - Sewer Purposes - 7 Wallaroy Drive Burrill Lake 129

SA20.207.... Acquisition of Easement - Sewer Purposes - 40 Wallaroy Drive Burrill Lake 131

SA20.208.... Acquisition of Easement - Sewer Purposes - 43 Wallaroy Drive Burrill Lake 134

SA20.209.... North Nowra Surcharge Main - Stage 1 Works......................................... 137

8. Confidential Reports

Reports

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.

Minutes of the Strategy and Assets Committee

Meeting Date: Tuesday, 8 September 2020

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

Time: 5.01pm

The following members were present:

Clr John Wells - Chairperson

Clr Joanna Gash

Clr Amanda Findley

Clr Patricia White

Clr Nina Digiglio

Clr Annette Alldrick

Clr John Levett – (remotely)

Clr Mitchell Pakes

Clr Greg Watson – (remotely)

Clr Mark Kitchener

Clr Bob Proudfoot

Mr Stephen Dunshea - Chief Executive Officer

Apologies / Leave of Absence

Apologies were received from Clr Guile and Clr Gartner.

Confirmation of the Minutes

RESOLVED (Clr Findley / Clr Gash) MIN20.616

That the Minutes of the Strategy and Assets Committee held on Tuesday 11 August 2020 be confirmed.

CARRIED

Declarations of Interest

Clr Wells – SA20.161 - Update - Rent Relief - Occupiers of Council Owned or Management Properties – significant non pecuniary – Two of his grandchildren are casual waitpersons and kitchenhands at the café operating from the Council-owned property, and he wishes to avoid any perception of influence – will leave the room and will not take part in discussion or vote.

Call Over of the Business Paper

The following items were called up for debate:

SA20.158, SA20.159, SA20.161, SA20.166, SA20.168, SA20.172, SA20.174, SA20.175, SA20.176, CSA20.14.

The remaining items were resolved en bloc (Clr White/Clr Alldrick) 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:

SA20.173 Consultation Results and Proposed Way Forward - Nature Adventure Park - Pepper Reserve, Shoalhaven Heads

Lynda Gordon Squire

Kerry Kells

Donna Brotherton

Clare Doherty

Jaqui Triccas

Astrid and Barry Edwards

Patricia Cairncross

Reports

SA20.158 Quarterly Progress Report - Councillors' Notices of Motion

HPERM Ref: D20/381472

Recommendation

That the Progress report on Councillors’ Notices of Motion be received for information.

RESOLVED (Clr White / Clr Findley) MIN20.617

That the Progress report on Councillors’ Notices of Motion be received for information.

CARRIED

SA20.159 Submission - Proposed Housing Diversity State Environmental Planning Policy (SEPP)

HPERM Ref: D20/374270

Recommendation (Item to be determined under delegated authority)

That Council endorse the draft submission on the Housing Diversity SEPP (Attachment 1) to enable it to be formally submitted to the NSW Government.

RESOLVED (Clr Proudfoot / Clr White) MIN20.618

That Council:

1. Endorse the draft submission on the Housing Diversity SEPP (Attachment 1) to enable it to be formally submitted to the NSW Government.

2. Convey its appreciation to Staff for the quality of the effort put in to the submission to the NSW Government.

CARRIED

Items marked with an * were resolved ‘en bloc’.

SA20.160 Proposed Lease to Shoalhaven Trophy Centre & All Occasion Gifts - 2/3 Stewart Place, Nowra

HPERM Ref: D20/334923

RECOMMENDATION* (Clr White / Clr Alldrick)

That Council:

1. Agree to a Deed of Surrender for Part Lot 1 DP 115782 and Part Lot 1 DP 434714 being that part of the auto consol 7853-13 known as 1/3 Stewart Place, Nowra with the Lessee Franco Fulginiti & Narelle Fulginiti trading as Shoalhaven Trophy Centre & All Occasional Gifts.

2. Enter into a three (3) year lease plus three (3) year option for Part Lot 1 DP 115782; known as 2/3 Stewart Place, Nowra with Franco & Narelle Fulginiti trading as Shoalhaven Trophy Centre & Engraving + All Occasion Gifts for the purpose of trophy, engraving and gift sales at a commencement rent of $21,000 (excl GST) pa + outgoings with annual CPI increases.

3. Require each party to pay own legal costs relating to this matter.

4. 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

Note: Clr Wells left the meeting at 5.13pm

Note: Clr Proudfoot assumed the chair

SA20.161 Update - Rent Relief - Occupiers of Council Owned or Management Properties

HPERM Ref: D20/353797

Clr Wells – SA20.161 - Update - Rent Relief - Occupiers of Council Owned or Management Properties – significant non pecuniary – Two of his grandchildren are casual waitpersons and kitchenhands at the café operating from the Council-owned property, and he wishes to avoid any perception of influence – left the room and will did take part in discussion or vote.

Recommendation

That Council:

1. Acknowledge all tenancies that were provided 6 months’ rent free (April to September 2020) will revert to rental invoicing pre rent relief amounts, except:

a. Berry Court House Conservation Committee

b. Milton Theatre Company

c. Nowra Players

d. Shoalhaven City Turf Club

e. Shoalhaven Greyhound Racing

f. Hello World Travel, Kinghorne Street

2. Resolve to extend the rent free period for those tenancies noted in 1(a) to (f) above until 31 January 2021.

3. Recognise the evolving directives from Federal and State Governments relating to coronavirus and delegate authority to the CEO (Director City Services) to review the status of any further tenants if representations are received making a case for continued impact.

4. Note that the CEO will bring back a report updating the situation if required no later than April 2021.

RECOMMENDATION (Clr Pakes / Clr Levett)

That Council continue the rent-free period for an additional 2 months and receive a report back to the October Ordinary Council meeting.

CARRIED

Note: Clr Wells returned to the meeting at 5.27pm and resumed the chair.

SA20.162 Notification to Minister for Lands & Forestry of Appointment of Native Title Managers

HPERM Ref: D20/369074

RECOMMENDATION* (Clr White / Clr Alldrick)

That Council:

1. Confirm the following staff as Shoalhaven City Council’s Native Title Managers:

a. Property Services Manager – Trevor Cronk (current)

b. Property Officer – Michelle Deudney (backup); and

c. Property Officer – Amanda Walker (backup)

2. Advise the Minister for Lands and Forestry as required by Section 8.8 Crown Lands Management Act 2016.

CARRIED

SA20.163 Transport for NSW Compulsory Acquisition - Princes Highway Burrill Lake

HPERM Ref: D20/369730

RECOMMENDATION* (Clr White / Clr Alldrick)

That Council:

1. Agree to the Compulsory Acquisition by Transport for NSW of approximately 889.6m² of road reserve as shown in yellow on Attachment 1 (D20/370291) for nil compensation in accordance with Section 206 of the Roads Act 1993;

2. 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

SA20.164 Shoalhaven Affordable Housing Strategy - Property Purchase

HPERM Ref: D20/371558

RESOLVED* (Clr White / Clr Alldrick) MIN20.619

That Council in accordance with Section 10A(2)(C) of The Local Government Act 1993, consider a separate confidential report on the acquisition of an additional property to facilitate the proposed Shoalhaven Affordable Housing Strategy.

CARRIED

SA20.165 Local Government Road Safety Program 2020/2021 - Approved Projects - Transport for NSW Funding Assistance

HPERM Ref: D20/352480

RESOLVED* (Clr White / Clr Alldrick) MIN20.620

That Council:

1. Accepts and vote the grant funding offer of $13,250 (Ex GST) from Transport for NSW (TfNSW) as follows:

a) $2,600 for Motorcyclists – Be Roadsmart

b) $300 for Holiday Time, Slow Down, Kids Around – Little Blue Dinosaur

c) $5,000 for Share the Path – the path is ours to share

d) $200 for On the Road 65+ older driver workshops

e) $950 for Look out before you step out – pedestrian safety

f) $700 for Helping learner drivers become safer drivers workshops

g) $3,500 for Shoalhaven Cycling Safely

h) Speed monitoring on local roads – directly funded by TfNSW

i) Fatigue – War on Waste – joint project with funds managed by Eurobodalla RSO.

j) U Turn the Wheel youth program – directly funded by Rotary.

2. Writes to TfNSW and the local State Members, thanking them for the funding towards the 2020/21 Road Safety Program.

CARRIED

SA20.166 NSW Boating Now Funding Offers – Round 3

HPERM Ref: D20/345671

Recommendation

That Council:

1. Accept the grant offers totalling $1,462,212 from the NSW Boating Now - Round 3 funding Program for the following projects:

Project	Grant offer
Woollamia Regional Boat Ramp - improvements to facilitate use by large vessel/trailers at low tides	$86,250
Callala Bay - boat launching ramp improvements	$270,750
Myola - new two-lane ramp and pontoon	$296,250
Lake Conjola - Haviland Street – new boat launching ramp facility	$361,000
Woollamia – Additional pontoons	$330,262
Ulladulla Harbour - Visiting berths	$87,700
Crookhaven Heads – Investigation and design	$30,000
*Total*	$1,462,212

2. Endorse the funding strategy outlined in the report to provide for Council’s contribution to the projects over the 2020/21 and 2021/22 financial years, being:

a. $628,750 from budget allocations towards Council’s matching contribution for 2020/21 ($308,750 of Council contributions was already allocated in 2020/21 budget and an additional $320,000 will be allocated from the general fund that will be freed up due to unsuccessful grant application and rephasing other Better Boating projects).

b. $309,088 proposed in the 2021/22 budget for Council’s matching contribution.

c. $50,000 be considered in the 2021/22 budget for investigation, design, and community consultation to upgrade the boat launching ramp facility at Wharf Road Shoalhaven Heads to enable a “shovel ready” project in anticipation of Round 4 funding in 2022.

RECOMMENDATION (Clr Pakes / Clr Gash)

That Council:

1. Accept the grant offers totalling $1,462,212 from the NSW Boating Now - Round 3 funding Program for the following projects:

Project	Grant offer
Woollamia Regional Boat Ramp - improvements to facilitate use by large vessel/trailers at low tides	$86,250
Callala Bay - boat launching ramp improvements	$270,750
Myola - new two-lane ramp and pontoon	$296,250
Lake Conjola - Haviland Street – new boat launching ramp facility	$361,000
Woollamia – Additional pontoons	$330,262
Ulladulla Harbour - Visiting berths	$87,700
Crookhaven Heads – Investigation and design	$30,000
*Total*	$1,462,212

2. Endorse the funding strategy outlined in the report to provide for Council’s contribution to the projects over the 2020/21 and 2021/22 financial years, being:

b. $309,088 proposed in the 2021/22 budget for Council’s matching contribution.

3. Engage with the Woollamia Marine Facilities Advisory Group in the community consultation to progress the improvements to the Woollamia Regional Boat Launching Ramp.

CARRIED

SA20.167 Grant Funding - Fast Tracked Roadside Public Spaces Program - Bicycle Lanes - Junction St - Nowra

HPERM Ref: D20/368761

RESOLVED* (Clr White / Clr Alldrick) MIN20.621

That Council

1. Accepts the one off grant funding offer of $172,000 (exclusive of GST) for the installation of bicycle lanes on Junction Street, Nowra connecting the existing north / south shared path between Moss and Plunkett Streets (behind Stockland) with Nowra CBD at O’Keefe Avenue.

2. Vote the grant funding amount of $172,000 (exclusive of GST) into the 2020/2021 financial year to facilitate completion of this bicycle link shown in the attached plan (D20/332295) by end September 2020.

3. Write to The Honourable Robert Stokes MP, Minister for Planning and Public Spaces, The Honourable Shelley Hancock MP, Minister for Local Government and the Honourable Paul Toole MP, Minister for Regional Transport and Roads and Transport for NSW – Southern Region to thank them for the grant funding.

CARRIED

SA20.168 Collingwood Beach - Action Plan Progress Report

HPERM Ref: D20/355442

Recommendation (Item to be determined under delegated authority)

That Council:

1. Receive the report on the progress of the Collingwood Beach Dune Vegetation Two-Year Trial Action Plan for information.

2. Allocate funds of $15,000 at the September Quarterly Budget Review to complete the remaining actions in the Collingwood Beach Action Plan as outlined in the report.

RESOLVED (Clr Proudfoot / Clr Alldrick) MIN20.622

That Council:

1. Receive the report on the progress of the Collingwood Beach Dune Vegetation Two-Year Trial Action Plan for information.

2. Commit to:

a. All access ways to be maintained and kept clear.

b. Removing sufficient dead vegetation and dead branches from the site to mitigate risks, and the retained dead vegetation be managed discretely to support appropriate new growth in the dune, and if practical, trial mulching of small material for retention on site.

c. Any signage regarding trees to be worded in a general sense such as “appropriate vegetation selected to restrict dune erosion”.

d. The initial Huskisson video by Gary Druitt being linked to the Get Involved webpage tab for Collingwood Beach.

e. Allowing the Collingwood Dunecare Group to trim vegetation, under Council’s supervision, to a height that will allow views along the cycleway and remove the banksias which have seeded.

f. Inspecting the large trees along the whole pathway for safety.

3. Allocate funds of $15,000 at the September Quarterly Budget Review to complete the remaining actions in the Collingwood Beach Action Plan as outlined in the report.

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

Against: Clr Kitchener

cARRIED

SA20.169 SA10.1 Notice of Motion - Protection of our towns from bushfire

HPERM Ref: D20/363295

RESOLVED* (Clr White / Clr Alldrick) MIN20.623

That:

1. Council note for information the responses in regard to Council’s resolution.

2. Council note that at the time of writing this report, the findings of the Bush Fire Inquiry and Commission of Inquiry had only recently been released and time was not available to thoroughly review for referencing in this report.

3. Council receive a further report once the Bush Fire Inquiry and Royal Commission findings have been reviewed and any implications and/or requirements for Council are understood.

4. The further report to include estimated budget and resource requirements for any recommended actions in response to findings from the Inquiry and Royal Commission.

CARRIED

SA20.170 Boongaree Skate Park and Pump Track Design Update

HPERM Ref: D20/295941

RESOLVED* (Clr White / Clr Alldrick) MIN20.624

That Council:

1. Accept this report as an update on the skate park extension investigations at Boongaree.

2. Endorse the Boongaree Skate Park Option 1, and Pump Track Concept and Detail Design.

3. Progress to the next stage in the delivery of the Boongaree Skate Park and Pump Track with:

a. the preparation and finalisation of tender documentation and

b. putting the Request for Tender to the market to seek submission for construction and delivery.

CARRIED

SA20.171 Shoalhaven Family Day Care - Fees and Charges

HPERM Ref: D20/329461

RECOMMENDATION* (Clr White / Clr Alldrick)

That:

1. Council support the following changes to Shoalhaven Family Day Care fees and charges:

· Educator Fee parameters $8-$20 per hour

· Educator Levy of $0.30 per hour

· Educator Registration fee of $50 per year

· Educator Training Fee of $400 one-off

· Family enrolment fee $25 1^st child, $20 2^nd child, $15 3^rd child, 4^th child free

· Parent Administration levy $1.35 per child per hour

2. Council exhibit the proposed changes to fees and charges for 28 days and report back to Council on the outcome following the public exhibition period.

3. Any new fees and charges that are adopted will come into effect from 1 January 2021, noting the current Government imposed fee freeze for childcare services which is currently imposed up to 27 September 2020.

CARRIED

SA20.172 Memorandum of Understanding (MOU) - Partnership - Shoalhaven City Council and NSW Department of Education

HPERM Ref: D20/358250

Recommendation (Item to be determined under delegated authority)

That Council note the report on Memorandum of Understanding (MOU) - Partnership - Shoalhaven City Council and NSW Department of Education and receive it for information.

RESOLVED (Clr Proudfoot / Clr Findley) MIN20.625

That Council note the report on Memorandum of Understanding (MOU) - Partnership - Shoalhaven City Council and NSW Department of Education and receive it for information.

CARRIED

SA20.173 Consultation Results and Proposed Way Forward - Nature Adventure Park - Pepper Reserve, Shoalhaven Heads

HPERM Ref: D20/353537

RESOLVED* (Clr White / Clr Alldrick) MIN20.626

That Council:

1. Support the delivery of a Nature Adventure Park in Pepper Reserve, Shoalhaven Heads as a community driven project, provided that:

a. The design of the Nature Adventure Park is aesthetically pleasing and complementary to the existing natural areas within Pepper Reserve; and

b. A suitable location within Pepper Reserve is chosen, which least impacts surrounding residents, the existing vegetation, and provides the highest degree of safety for all users.

2. Recognise that the appropriate assessments under Part 5 of the EP&A Act are required to be completed prior to final approval being given.

CARRIED

SA20.174 Summary of Public Exhibition and Proposed Adoption of Draft Plaques and Memorials Policy and Draft Amendment to Parks Management Policy

HPERM Ref: D20/353715

Recommendation (Item to be determined under delegated authority)

That Council:

1. Accept this report for information.

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

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

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

4. Advise submitters of this resolution.

RESOLVED (Clr Pakes / Clr Gash) MIN20.627

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

CARRIED

SA20.175 Clifton Park Dog Off-leash Area - Immediate Improvements

HPERM Ref: D20/373410

Recommendation (Item to be determined under delegated authority)

That Council accept this report as an update on the immediate improvements to be undertaken at Clifton Park Dog Off-leash Area.

RESOLVED (Clr Proudfoot / Clr White) MIN20.628

That Council accept this report as an update on the immediate improvements to be undertaken at Clifton Park Dog Off-leash Area.

CARRIED

SA20.176 Fishermans Paradise VPA Report

HPERM Ref: D20/374293

Recommendation (Item to be determined under delegated authority)

That the Strategy and Assets Committee endorse the Voluntary Planning Agreement (VPA) for the dedication of land at Fisherman’s Paradise subject to the developer Grange Estates P/L meeting the following requirements:

1. Prior to issue of the subdivision construction certificate the Developer Grange Estates P/L:

a. submit to Council an Environmental Management Plan (EMP) prepared by a suitably qualified practising Ecologist, Environmental Scientist or Bushland restoration expert; for the rehabilitation and ongoing management of the land (including fencing), in accordance with the NSW DPIE Guidelines for the management of waterfront lands. The EMP shall include a calculation of costs associated with implementation of management actions contained within the EMP over a 10-year period; and

b. enter into a suitable arrangement with Council for the payment of the costs calculated in (a) to Council, as part of the VPA;

2. Prior to handover of the land to Council and issue of the subdivision certificate the developer Grange Estates P/L:

a. Implement the approved EMP until the completion of the subdivision and provide a report to demonstrate the implementation and success of EMP actions, including installation of fencing, for the approval of Council; and

b. Installation of fencing along the eastern perimeter of the road and foreshore access to within 20m of the waterway (to allow access to the foreshore reserve), extending the length of the parcel of land; and

c. Pay a contribution to Council which will be negotiated as part of the VPA towards the ongoing maintenance of this land, as costed in the EMP, for the remaining period of the EMP commencing from the formal handover date.

RESOLVED (Clr Pakes / Clr White) MIN20.629

That this item be deferred to allow for further negotiation with the Applicant and their consultant regarding the 10-year period.

CARRIED

SA20.177 Approve Easement for Access to be Granted as Negotiated - Yalwal

HPERM Ref: D20/300110

RESOLVED* (Clr White / Clr Alldrick) MIN20.630

That Council approve the creation of an Easement for Access over Council Land recently acquired from Mr McPartland being Lot 1 DP1256763.

CARRIED

SA20.178 Drought Affected Farmers - Assistance Measures

HPERM Ref: D20/376830

RESOLVED* (Clr White / Clr Alldrick) MIN20.631

That Council:

1. Note the content of the Report in terms of the relief provided to eligible farm/agricultural property owners from Council’s Water Fund.

2. Resolve to apply the drought assistance rebate for eligible property owners, on Water Accounts issued from 1 October 2018 up to the water supply period ending 30 September 2020.

CARRIED

SA20.179 Acquisition of Easement - Sewer Purposes - Daley Cres North Nowra

HPERM Ref: D20/372429

RECOMMENDATION* (Clr White / Clr Alldrick)

That:

1. Council acquire an Easement for sewerage purposes 3 metres wide over part of Lot 17 DP 22131, No. 20 Daley Crescent North Nowra shown highlighted on attached copy of DP 644296.

2. Council pay compensation of $12,000, 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.

CARRIED

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 Findley) MIN20.632

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.

CSA20.14 Shoalhaven Affordable Housing Strategy - Property Purchase

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)

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.

CARRIED

The meeting moved into confidential the time being 6.44pm.

The meeting moved into open session, the time being 6.47pm.

There being no further business, the meeting concluded, the time being 6.47pm.

Clr Wells

CHAIRPERSON

Strategy and Assets Committee – Tuesday 13 October 2020

Page 1

SA20.189 2020 Local Government NSW Annual Conference - Motions, Delegates and Attendance

HPERM Ref: D20/324061

Section: Human Resources, Governance & Risk

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Draft Program ⇩

2. Motions - Submissions Guide (under separate cover) ⇨

Reason for Report

For the Council to consider the proposed motions, nominate voting delegates and attendance at the 2020 Local Government NSW Annual Conference to be held online on 23 November 2020.

Recommendation (Item to be determined under delegated authority)

That Council

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

2. Registration fees, be met in accordance with its adopted policy

3. Confirm one of the voting delegates at the LGNSW Conference to be the Mayor

4. Determine the other four (4) Councillors to attend the conference as Council’s voting delegates as follows:

5. Adopt the proposed motions in the report for submission to the 2020 LGNSW Business Paper

6. Determine any additional motions for submission at this meeting

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

Options

1. As per the recommendation.

Implications: none

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

Implications: The Council is required to approve Motions by resolution, so the complete wording of the motions will need to be submitted prior to 25 October 2020.

Background

The 2020 LG NSW Annual Conference will be held online on 23 November 2020.

The conference is the main policy making event for the NSW local government sector.

Delegates will vote on motions which help determine the policies and priorities for LGNSW and the sector. It is a key event for local government where Councillors come together to share ideas and debate issues that shape the way the sector functions and is governed.

For Council to participate fully in the conference, it is recommended the Council register attendees, nominate voting delegates, and submit motions for debate within the timeframes specified in this paper.

Registration to attend the Conference

Costs associated with the conference are as follows:

Registration - Member Rate: $66.00

Registration - Non-Member Rate: $132.00

The 2020/21 Council budget contains provision for all Councillors to attend the conference should they wish to do so. Councillors will be able to join the conference remotely from a location suitable to them, and arrangements to support remote attendance by Councillors from the Nowra Administrative Centre will be arranged, if required.

Attached to this report is a copy of the draft program for the Conference (Attachment 1).

There are no scheduled meetings of the Council or Committees during the conference.

Registration to attend the Conference

Voting delegates must be registered to attend the Conference and be registered as a voting delegate.

Confirmation has been received from LGNSW that Council will have 5 voting entitlements at the Conference to vote on motions.

It is proposed that Council nominates the Mayor and 4 of Councillors to attend as voting delegates.

The deadline to provide LGNSW with the names of voting delegates is 12 noon (AEDT) on Tuesday 3 November 2020. Additional nominations received after the closing date cannot be accepted. However, the names of voting delegates may be substituted at any time, in line with Rule 34 of the LGNSW Rules.

Voting delegates may not appoint a proxy to attend or vote at formal business sessions on their behalf.

Motions:

Local Government NSW (LGNSW) has called for the submission of Motions, and councils are encouraged to formulate motions submitted in terms of the current policy statements. (See Attachment 2)

In line with the LGNSW rules, the latest date that motions can be accepted for inclusion in the Conference Business Paper is 12 midnight AEST, Sunday 25 October 2020. All motions must be adopted by Council before submission.

The following six (6) motions were proposed at the Councillor Briefing held on 13 August 2020:

MOTION 1 – Asset Protection Zones

That the NSW Government be requested to carry out the following actions to Local Government Areas in NSW with respect to Asset Protection Zones (APZ):

1. To exempt hazard reduction burns and the construction of asset protection zones, required as a result of a duly adopted standard, from the provisions of the EPCB Act and the NSW Environmental Legislation, internal Government Agency Policies, or any other limitations within other Acts or Regulations which restrict any authorised authority from constructing and maintaining APZs or undertaking hazard reduction burns.

2. Adopt as a general policy that Urban settlements requiring the provision of an APZ at the interface with natural areas, such APZ be at least 200m and to have such APZs managed as Park Lands.

3. To either repeal or create an easement over any section of a National Park where part of the Park falls within a 200m APZ and vest the management of that land in the local Council.

4. To enact Legislation to require a private land holder (including Aboriginal Land) to create and maintain a parkland like cleared area of generally 200m to act as an APZ between the subject land and the interface with any urban development requiring the provision of an APZ, where a property owner fails to comply with this requirement an authorised authority may carry out the work and charge the land holder for the works, with the exception of Aboriginal Land where the clearing will remain a cost on the authority.

5. To require any Government Authority who manages forested areas to properly maintain and improve the construction of fire trails, this is to include the removal of any obstructions other than locked gates.

6. To consider the construction of strategic fire breaks through forested areas including National Parks of a similar width to a major electricity easement.

Background

In light of the devastating bushfires that ravaged a significant proportion of NSW over the summer period, action is required to be taken by the NSW Government to reconsider and amend policy around Asset Protection Zones (APZ). This motion sets out to achieve greater protection of our urban and built environments against future bushfire destruction.

The NSW Government must work together with Local and Commonwealth entities to protect our communities as much as possible from fire events like those witnessed in NSW in the Summer of 2019/2020. The loss of life and the destruction of property deserves the highest level of response to provide the protection we all deserve. The almost total elimination of entire species from our National Parks is a tragedy.

This motion proposes practical and proven management policies relating to Asset Protection Zones which could reduce the loss of life, property, and native fauna across NSW.

MOTION 2: Public Housing Redevelopment as Economic Stimulus

That the NSW Government be called upon to redevelop old existing Public Housing stock to address current housing shortages and to act as economic stimulus for the regions.

Background

Access to social and affordable housing continues to be an issue in various areas throughout NSW, including Shoalhaven, and is likely to be exacerbated as the outcomes from the COVID-19 pandemic continue to emerge. Currently governments are also looking at ways to help stimulate the economy and create employment. Whilst the NSW Government has committed targeted stimulus funding to various location to deliver maintenance works and upgrades on public housing properties, more significant opportunities exist to provide additional much needed social/affordable housing throughout NSW via the redevelopment of existing underutilised public housing stock and create significant employment opportunities.

Survey information recently released by the Community Housing Industry Association indicates that not for profit housing providers Australia wide have projects ready to go that could deliver 12,500 new homes and almost 7000 jobs within the next 5 years. More than 6,000 of these new homes could commence construction within the next 6 months. One third of the potential projects are in regional areas and in areas where local communities would benefit greatly from this form of stimulus created by growing construction related jobs and the additional housing opportunities.

MOTION 3: Local Government Improvement Summit

That the NSW Government hold a summit on Local Government to discuss and formulate solutions to issues which stakeholders see as a hindrance to good functions of Local Government.

Background

The proposed summit will be a forum in which the Office of Local Government brings together Councillors and Mayors and other stakeholders to consider what changes should be made to the legislation and practices to bring Local Government more into line with the way business is done generally in other sectors. The expected outcome of the summit is to improve the working conditions of elected Councillors and Mayors to assure efficient outcomes-focused functioning of Local Government.

To encourage efficient functioning of Local Government the summit could address issues such as:

• Bringing younger, female and in general more diverse representation into elected positions

• Aligning conduct of elected representatives into expectations of other workplaces

• Underrepresented groups feeling discouraged by the perception of a negative working atmosphere

• If changes to the legislation need to be made to enable these goals

Outcomes from the summit will aim to ensure efficacy of local government decision making by ensuring all interested candidates have the confidence to be nominated and to better represent their communities.

MOTION 4: Long Walking Tourism in NSW National Parks

That the NSW Department of Primary Industries be encouraged to consider a business model around establishing and investing in long walks as tourist attractions in our NSW National Parks.

Background

NSW National Park sites capture an astounding array of natural beauty. Domestic tourism is important for regional economies. There is ample evidence that nature-based offerings bring visitors.

Our National Parks need to be considered as an important investment for the State, and not a maintenance burden.

NPWS have been underfunded for a long time and a significant increase in government funding for maintenance and improvement is essential to ensure ongoing amenity and support employment in Regional NSW. Support needs to be given to NPWS to develop walking experiences which have participation fees to assist in long term maintenance of our natural assets.

New business models need to be considered in the long term and significant investment is needed to track work, board walks, signage and maps to ensure current tracks are maintained and new tracks continue to be built and developed, for the benefit of all.

There are many examples of walks like the Three Capes Walk in Tasmania which demonstrate potential use of our National Parks in a way that provides opportunities for visitors to walk safely, supported by infrastructure that protects the precious landscape, for a fee.

MOTION 5: Coast and Estuary Grants Funding

That the NSW Government release the additional unallocated funding from the Coastal and Estuary grants program to flood affected local government areas.

Background

A funding package of $83.6 million was announced as being available as part of the implementation of coastal reforms in 2016/17 to be delivered through the NSW Coastal and Estuary Grants Program each year. However, due to the eligibility criteria for the grants, little of the $83.6million has been released to coastal councils to implement coastal projects.

Although the eligibility criteria and Council matching funding requirements have been eased slightly for this year’s funding round, it is extremely difficult for councils to meet the eligibility criteria due to the works needing to be identified in certified coastal zone management plans or coastal management programs, the matching funds required and other restrictions or requirements for each stream. There are very few coastal councils that have certified plans or programs for all the estuaries and coastline that they manage.

The planning process to obtain a certified plan is very lengthy and costly. Many projects also require a positive cost benefit analysis (CBA) prior to any State funds being provided. It is also very difficult to predict and plan for all scenarios, future needs and possible outcomes or impacts from east coast lows (ECL) and other storms to make sure the right detailed actions are in a certified plan for each beach, estuary or locality to ensure that Council would then be eligible for funding under the grants program for its communities.

In 2016, and again in recent weeks, we have seen areas impacted that were considered low risk. Councils carry out a risk and vulnerability assessment as part of the CZMP and CMP process, but it is difficult to capture everything and if it is not in the Council’s certified plan the action is not always eligible for funding.

Also, most of coastal infrastructure is not covered by the national disaster recovery funding unless it’s a critical asset like a flood levee or a bridge. Insurance is difficult for smaller assets like bush walks, viewing platforms, fishing platforms, boardwalks, beach accessways and other coastal infrastructure.

The additional funding would provide welcome relief as councils have limited funding and resources and are subject to pressure to develop coastal management programs, repair infrastructure following storm events and also deliver new and improved infrastructure.

The eligibility criteria for the NSW Coastal and Estuary Grants Program should be further reviewed to fast track the establishment of certified CMPs, to allow funding to be released to implement actions to protect and manage our coast to address erosion and environmental protection; and be released to fund clean-up of flood debris and carry out repairs or replacement of infrastructure following flood, ECL and storm events.

MOTION 6: Support for the Completion of Crown Land Management Plans

That the NSW Government be called upon to provide greater funding to councils to complete Crown Land Management Plans.

Background

With the commencement of the Crown Land Management Act 2016 (CLM Act) – Section 3.23, councils are required to manage Crown land, where they are Crown land manager, as if it were Community land under the Local Government Act 1993 (LGAct). This necessitates the assignment of a category under s36 LGAct and the preparation and adoption of a Plan of Management (PoM) for each category or site a specific PoM where specified. The adoption of the PoMs requires Minister’s approval, public exhibition and/or public hearings.

These legislative amendments have created significant cost and resourcing impositions for Councils. For the aims of the legislative change to be achieved, much greater funding needs to be provided to councils to undertake this work, as the current NSW Government contribution is significantly deficient.

By way of example, Shoalhaven City Council (SCC) manages approximately 628 parcels of land that make up 119 Crown Reserves. Estimates of cost to SCC to achieve PoMs for all Reserves and meet the 30th June 2021 deadline is approximately $1.3m. Of this the NSW Government contribution was $78,444 resulting in a significant shortfall and cost burden imposed on SCC.

Strategy and Assets Committee – Tuesday 13 October 2020

Page 1

SA20.190 Proposed Submission - Part Aboriginal Land Claim No 42454 and 42499 - Parson Street Ulladulla

HPERM Ref: D20/403085

Section: Strategic Planning

Approver: Robert Domm, Director - City Futures

Attachments: 1. Reference to Stakeholders - Request for Information - Aboriginal Land Claim Nos. 42454 and 42499 - Parson Street Ulladulla ⇩

Reason for Report

Seek Council’s endorsement of a proposed response to Part Aboriginal Land Claim (ALC) Numbers 42454 and 42499 for Parson Street, Ulladulla, which are now currently being investigated for determination by the NSW Government.

Recommendation (Item to be determined under delegated authority)

That Council notify the NSW Department of Industry – Crown Lands Aboriginal Land Claims Assessment Team that Council does not object to the claims over Lot 30 DP 821467 subject to:

1. The implementation of appropriate mechanisms to enable the planned future upgrade of the Coomee Nulunga Cultural Trail.

2. The creation of an easement over the open drainage reserve in the southernmost corner of Lot 30 DP 821467.

3. The creation of an easement or other suitable mechanism to ensure the ongoing maintenance of the Asset Protection Zone along the north-western boundary.

Options

1. Council notify the NSW Department of Industry (DoI) – Crown Lands Aboriginal Land Claims Assessment Team (ALCAT) that it has no objection to the claims subject to the implementation of appropriate mechanisms to enable the planned future upgrades of the Coomee Nulunga Walking Trail, and the creation of easements and/or covenants for Council infrastructure and asset protection.

Implications: This is the preferred option as it will facilitate the transfer of land to the Ulladulla Local Aboriginal Land Council (LALC) while ensuring Council can still undertake the planned upgrades to the Coomee Nulunga Cultural Trail, for which joint funding is available. This option also ensures Council infrastructure is protected and appropriate mechanisms are provided to ensure the ongoing maintenance of the Asset Protection Zone (APZ) along the north-western boundary of the site.

2. Provide alternative advice to the Claims Assessment Team as directed by Council.

Implications: This option is not preferred, having regard to the known history of the land at the date the claims were lodged.

3. Not respond to the invitation to comment on these ALCs.

Implications: This option is not preferred as it does not enable Council to present evidence to the Claims Assessment Team about the status of the land at the date the claims were lodged.

Background

Council received advice from DoI on 18 August 2020 that two part-ALCs 42454 and 42499 were under investigation for determination. These claims form part of the ‘bulk/blanket’ claims that were lodged by the NSW Aboriginal Land Council in December 2016. The claims apply to Lot 30 DP 821467 at Parson Street, Ulladulla (subject land), as shown below.

Figure 1: Map of the land claims applying to the subject land.

Council has been asked to comment on the claims (see Attachment 1), specifically whether, at the date the claims were lodged, the subject land was lawfully used or occupied, or needed or likely to be needed for an ‘essential public purpose’. Any comment, assertion or statement that is made by Council should be as at the date of claim lodgement and must be supported by evidence. An extension of time until 31 October 2020 has been granted to respond to the claims to enable the matter to be reported for consideration.

The subject land is in the area broadly known as Warden Head Reserve, to the south-east of the Ulladulla town centre. The 3.52ha site is bounded to the north by Deering Street and Lighthouse Oval, to the east by an unformed Crown road and Warden Head Reserve, to the south by Parson Street, and to the west by low-density residential development. The site is vegetated and is zoned part R3 Medium Density Residential and part RE1 Public Recreation in the Shoalhaven Local Environmental Plan (SLEP) 2014 – see Figure 2.

Figure 2: Overview of the subject site (outlined in blue)
Existing zones and surrounding land

The subject land has a Crown Reserve Purpose of “After Auction Purchase”, which was gazetted on 30 September 1914. This reserve purpose applied to the broader area of former Crown Land that extended from the subject site west to Did-Dell Street; however, was partially revoked in 1982 following the subdivision and sale of residential lots on Woorree Place and Thadalee Place – see Figure 3. Despite the subject land being used informally for public recreation for many decades, the Reserve Purpose of “After Auction Purchase” still applies over the site.

Figure 3: Extract from the historic Regional Charting Map of Ulladulla

Overview - Interests and Infrastructure

Although Council is responsible for the management of land and infrastructure in the broader Warden Head Reserve area, Council is not the Trust Manager for the subject site and is not responsible for its management or maintenance. It is understood the land has been managed by the Ulladulla Local Aboriginal Land Council (LALC) for many decades through an informal agreement with NSW Crown Lands.

Walking Track - Coomee Nulunga Cultural Trail

The subject site is traversed by a walking track known as the Coomee Nulunga Cultural Trail, which continues onto adjoining Council owned and/or managed land to the east (Figure 4). There are several viewing platforms and partially constructed boardwalks along the length of the trail supporting its use for passive recreation. The trail is an important natural area for the local community. It is well used as a cultural tourism facility by the local Aboriginal community, who have operated guided tours along the Cultural Trail for many years. Council is responsible for the maintenance (trail and associated viewing platforms) for much of the Cultural Trail network; however, due to historic informal land management agreements, the maintenance and management of the trail on the subject site has been undertaken by the Ulladulla LALC for many years.

Earlier this year, Council successfully obtained grant funding from the NSW Government to upgrade the Coomee Nulunga Cultural Trail as part of its Sustainable Tourism Infrastructure Project. This funding, together with funding from both Council and the Ulladulla LALC, will see a number of improvements made to the entire Cultural Trail, including resurfacing of existing tracks, construction of boardwalks and gravel paths, improvements to viewing areas and signage, and the installation of a sculpture commissioned by the Ulladulla LALC. Council must complete these upgrades by January 2022 under the terms of the grant.

Although joint funding is currently available, the outstanding land claims over the subject site need to be resolved before Council can proceed with the planned upgrades of the overall trail. Crown Lands have now requested these claims be investigated and determined as a priority to resolve the outstanding issues with land tenure and management, to enable this project to proceed within the timeframes set by conditions of the grant funding.

Figure 4: Overview of the Coomee Nulunga Cultural Trail

Drainage Reserve

The subject land has a small section of a Council-owned open drainage line in the south-eastern corner (Figure 5). Mapping suggests that this measures approximately 10m²in area. Should the claims be granted, this drainage reserve will need to be recognised/protected via an easement in favour of Council to enable the ongoing maintenance of this Council asset.

Asset Protection Zone (APZ)

There is a 13-15m wide APZ along the north-western boundary of the subject land for bushfire protection measures for the adjoining residential properties (Figure 5). The maintenance of this APZ is not the responsibility of Council and is carried out by Crown Lands. Any determination on the claim should provide for ongoing maintenance requirements via legal mechanisms, such as the creation of an easement or positive covenant.

Figure 5: Location of open drainage reserve and APZ

Summary/Conclusion – Assessment of Claims

At the date of claim lodgement, Council was not Trust Manager of the land and was not responsible for the management or maintenance of the subject land. The relevant assessment criteria are discussed/addressed below:

· The overall site was not lawfully used or occupied, as its lawful use would need to be consistent with its gazetted Crown Reserve Purpose - “After Auction Purpose”. The use of the land is not considered consistent with this purpose.

· A small portion of the land was needed for the essential public purpose of an open drainage line. This drainage line was installed in 1968 and remains in use. This will require an easement in favour of Council to enable ongoing maintenance.

· The broader site was not needed or likely to be needed for an essential public purpose, as Council was not the Trust Manager for the site and the maintenance and upgrades to the Coomee Nulunga Cultural Trail on the site were not included in Council’s scope of works at the date of claim lodgement.

The APZ on the western boundary is not considered to be an essential public purpose as it benefits only a small number of privately-owned residential lots. The ongoing maintenance of this APZ can be secured via legal mechanisms such as the creation of an easement or positive covenant. These options will be suggested for consideration as part of the determination.

More broadly, it is considered that Council cannot object to the claims on the basis of the land being lawfully used or occupied, nor needed or likely to be needed for an essential public purpose.

Policy Implications

There are no direct policy implications for Council in providing this information in response to the assessment if these claims.

Council’s existing Bushwalks Asset Management Plan for the Coomee Nulunga Cultural Trail network does not identify the part of the trail on the subject site as a Council asset, thus, no immediate amendments to this policy are required.

Financial Implications

There are no direct financial implications in providing this advice and it is anticipated that the cost of creating the appropriate easements for the Council-owned open drain line will be met by DoI. However, as noted earlier in this report, the broader Coomee Nulunga Cultural Trail has received grant funding to facilitate upgrades to the trail. These upgrades will need to be completed by January 2022 for Council to meet grant obligations.

Risk Implications

There is no risk to Council in providing this information as it ensures that all relevant information is made available to assist in determining the claims. Should the claims be refused, Council will initiate discussions with Crown Lands to transfer management of the land to Council. This will enable Council to act on behalf of Crown Lands in relation to the ongoing management and leasing/licencing of the land. It will allow continued collaboration with the Ulladulla LALC in relation to the upgrade and maintenance of the Cultural Trail.

Should the claims be granted, the land and any management responsibilities will be transferred into the private ownership of the Ulladulla LALC. Council will seek to continue to collaborate with the Ulladulla LALC to deliver the upgrades to the Cultural Trail and any associated connections on adjoining Council managed land, as part of the join-funding agreement currently in place.

Strategy and Assets Committee – Tuesday 13 October 2020

Page 1

SA20.191 Review of the NSW Bushfire Inquiry Final Report

HPERM Ref: D20/439503

Section: Economic Development

Approver: Robert Domm, Director - City Futures

Attachments: 1. NSW Bushfire Inquiry - Analysis of Recommendations with respect to Council's submission (councillors information folder) ⇨

Reason for Report

Council made a submission to the NSW Bushfire Inquiry and the Final Report has been released and analysed against the recommendations.

Recommendation (Item to be determined under delegated authority)

That Council forward its submission to the NSW Bushfire Inquiry to Resilience NSW seeking to have those recommendations not addressed by the NSW Bushfire Inquiry considered by that agency in any future plans relating to:

1. Future preparation for natural disasters

2. Resilience measures before, during and after incidents

3. Assistance packages being more clearly defined and articulated

4. Post natural disaster recovery process

5. Utility agencies and their preparation

6. And other matters itemised in Council’s submission

Options

1. Adopt the recommendation

Implications: The lessons from the recovery can be captured and incorporated into future recovery plans.

2. Modify and approve the recommendation

3. Not to approve the recommendation

Implications: To not have Council’s input into future Natural Disaster management and recovery planning.

Background

The impact of the 2019-2020 bushfires to NSW was profound.

Figure 1:Bush Fire Impact Data 2019-20 NSW (Final Report of the NSW Bushfire Inquiry 2020:xxi)

In response to the disaster, the NSW Premier announced on the 30th January 2020 an inquiry into the 2019-20 bushfire season to make recommendations in relation to bush fire preparedness and response ahead of the 2020-21 bushfire season.

The Inquiry was to consider, and report to the Premier on, the following matters.

1. The causes of, and factors contributing to, the frequency, intensity, timing and location of, bushfires in NSW in the 2019-20 bushfire season, including consideration of any role of weather, drought, climate change, fuel loads and human activity.

2. The preparation and planning by agencies, government, other entities and the community for bushfires in NSW, including current laws, practices and strategies, and building standards and their application and effect.

3. Responses to bushfires, particularly measures to control the spread of the fires and to protect life, property and the environment, including:

· immediate management, including the issuing of public warnings

· resourcing, coordination and deployment

· equipment and communication systems.

4. Any other matters that the inquiry deems appropriate in relation to bushfires. And to make recommendations arising from the Inquiry as considered appropriate, including on:

5. Preparation and planning for future bushfire threats and risks.

6. Land use planning and management and building standards, including appropriate clearing and other hazard reduction, zoning, and any appropriate use of indigenous practices.

7. Appropriate action to adapt to future bushfire risks to communities and ecosystems.

8. Emergency responses to bushfires, including overall human and capital resourcing.

9. Coordination and collaboration by the NSW Government with the Australian Government, other state and territory governments and local governments.

10. Safety of first responders.

11. Public communication and advice systems and strategies.

The Inquiry started to accept submissions on 10 February 2020. The deadline for submissions was initially extended from 27 March to 17 April 2020 to allow additional time for people and organisations who may have been affected by the COVID-19 situation. The Inquiry further extended the submissions deadline to Friday 22 May 2020 to align with the period of online community meetings. Shoalhaven City Council lodged its submission to the Inquiry on the 17 April 2020.

Shoalhaven City Council’s submission contained 33 recommendations addressing items 2, 3, 5, 6, 7, 8, 9 and 11. Item 1 was addressed in the body of the submission by highlighting the preeminent work of two well respected bushfire research bodies being the CSIRO and the Bushfire and Natural Hazards CRC.

Item 10 was not addressed as safety of first responders is paramount and there are other organisations better placed to make constructive comment and recommendations.

The Inquiry received 1,967 written submissions, held over 200 meetings with government stakeholders, researchers, fire-fighting personnel and experts (4) and met with over 760 people across the state from fire-impacted communities (6).

The following graph is a summary of submissions received grouped by major theme.

Figure 2: Graph of Submissions received by major theme (Final Report of the NSW Bushfire Inquiry 2020:8)

The recovery process was outside the Terms of Reference and was not considered by the Inquiry however “information received in relation to the recovery process, including relevant submissions and information from the public, has been forwarded with permission to the Disaster Recovery Office within Resilience NSW for information and action where required” (Final Report of the NSW Bushfire Inquiry 2020:7). This is disappointing as many of the Recommendations put forward by Shoalhaven City Council in relation to future preparation and responses to bushfire have not been addressed.

The Inquiry heard from some communities that they didn’t see the point in sharing their views with the Inquiry and were deeply sceptical that change would occur, highlighting the number of previous reviews and inquiries and the perception that little has changed as a result.

(Final Report of the NSW Bushfire Inquiry 2020:13)

The Final Report of the NSW Bushfire Inquiry dated the 31 July 2020 was released to the public on the 25 August 2020 and a copy can be found here - https://www.dpc.nsw.gov.au/assets/dpc-nsw-gov-au/publications/NSW-Bushfire-Inquiry-1630/Final-Report-of-the-NSW-Bushfire-Inquiry.pdf

A full analysis of the Council’s submission against the Final Report have been included in the Councillor’s Attachment folder.

Strategy and Assets Committee – Tuesday 13 October 2020

Page 1

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

HPERM Ref: D20/275098

Section: Projects & Technical Services

Approver: Paul Keech, Director - City Services

Attachments: 1. Lease Plan - 158 Green St Ulladulla - Noah's Ark Centre of Shoalhaven Inc ⇩

Reason for Report

To provide Council with an opportunity to consider entering into a five (5) year lease agreement, plus two five-year options (5 + 5) to Noah’s Ark Centre of Shoalhaven Incorporated trading as Noah’s Inclusion Services (Noah’s), and formalise the existing and continued use and occupation of 158 Green Street Ulladulla.

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;

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

b. Subsidised market rent to commence on 1 July 2021 at $3,829.50 plus GST per annum, plus outgoings with CPI increases annually;

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.

Options

1. Resolve as recommended.

Implications: This will provide Noah’s with security of tenure and assist with planning operational needs at 158 Green Street Ulladulla, providing invaluable community inclusion services for children, parents & families with physical, learning & behavioural difficulties.

2. Not resolve as recommended.

Implications: Council seek an expression of interest in the open market for occupation of the building after 1 July 2020. This would force the existing organisation to seek an alternative location and severely impact the delivery of community services provided by Noah’s such as:

· Support of high-quality caring and culturally appropriate services for children and families where the children have a disability, development delay or challenging behaviour;

· Early childhood services, education & playgroup;

· Aboriginal communities support;

· Fostering attitudes of acceptance, diversity and inclusion in the community and promotion of development and participation for all children;

· Advocation for children with disabilities and their families to ensure appropriate access to services and protection of their rights.

Background

Construction of the Building

Council and Noah’s jointly facilitated the construction of the children’s centre at 158 Green Street Ulladulla in 2002. Noah’s were successful in their Commonwealth Government Grant application with the assistance of the Federal Member at the time, Joanna Gash.

Following agreement between Council and Noah’s, the purpose-built centre was constructed on Council owned land at a construction cost of $402,000. The Project was funded on the following basis:

Commonwealth Government Grant to Noahs Ark Centre $ 232,000

Shoalhaven City Council Section 94 Contributions $ 45,000

Shoalhaven City Council Community Facilities Vote $ 125,000

Under the terms of the funding agreement with the Commonwealth Government, Council agreed that under certain circumstances it would be legally bound to repay a proportion of the money advanced by the Commonwealth towards the project. The Circumstances included Council’s sale of the land, premature termination of the lease or failure to re-lease the land to the Noah’s Ark Centre on substantially similar terms. This agreement applied for a twenty (20) year term from June 2001 and is due to expire July 2021.

Noah’s Ark Centre of Shoalhaven Inc.

Noah’s commenced operations in 1981 as a toy library and resource centre for children with additional needs in the Shoalhaven. Noah’s is a community based not for profit organisation managed by a volunteer Board. Over the past 39 years the organisation has grown and developed to include NDIS services, programs for aboriginal children, inclusive early childhood education and care centre, behaviour support, assessments, supported playgroups, parent support and information services for children and young people with additional needs aged 0 to 18 years and their families.

Occupancy arrangement

The premises have been occupied since 2001 by Noah’s, who are the responsible entity for ongoing maintenance and repair of the property. Noah’s recoup costs as agreed between the occupying entities. Although no formal agreement has ever been finalised, Noah’s previously sublet to Shoalhaven Family Day Care who in turn sublet to Shoalhaven Family Support Services. Since lease negotiations commenced, Shoalhaven Family Day Care have vacated the premises and Shoalhaven Family Support Services transferred the business to a new entity known as Family Services Australia – Illawarra.

Family Services Australia – Illawarra remain in occupation with Noah’s and are currently negotiating a formal sub lease arrangement for the continued sole use of office, storage space and car parking as required.

Way forward

In accordance with Council’s Occupation of Council Owned or Managed Land policy, a rental valuation for the premises was obtained from independent valuers Walsh & Monaghan who assessed the market rental for the premises at $37,000pa, plus GST and outgoings.

Based on the information received from Noah’s in the proposal document and using Council’s rental assessment framework, Noah’s qualifies for a rental subsidy of 90%.

Council has reached agreement with Noah’s for the below Terms.

Agreed Terms

Lessee	Noah’s Ark Centre of Shoalhaven Inc. ABN 87 353 909 589
Lessor	Shoalhaven City Council
Premises	The building, improvements, and curtilage on Lot 173 DP 755967 – 158 Green St Ulladulla
Permitted Use	Special needs facility for children, parents & families
Commencement	1 July 2020
Initial Term	5 years
Options	5 + 5 years
Rent	In accordance with funding agreement from the Commonwealth Government being $1 until 30 June 2021 Rent commencing 1 July 2021 at $3,829.50 plus GST per annum, payable annually in advance
Increases	Annually to CPI with first increase due 1 July 2022
Outgoings	Initial financial arrangements will remain in place until 1 July 2021. 100% Garbage/Waste Water & Sewer Usage Fire Servicing & Maintenance Security Servicing & Maintenance Air conditioning Servicing & Maintenance
Operating Costs	Initial financial arrangements will remain in place until 1 July 2021. Any charges that solely relate to the lessee’s use of the premises such as Electricity & Gas & Telephone
Insurance	Public Risk Insurance - Twenty Million Dollars ($20,000,000.00)

Community Engagement

In accordance with Section 47 of the Local Government Act 1993, a public notice in relation to the proposed lease was attached to the door of the premises and advertised in the Milton Ulladulla Times. Adjoining property owners were also notified.

No submissions were received.

Policy Implications

The proposed lease is in accordance with Council’s Occupation of Council Owned or Managed Land Policy POL19/40.

Financial Implications

The table below provides a comparison of financial summary of tenure in accordance with rental assessment framework subsidy applied and if the property was tenured via open market rent.

Whole of Life costs with subsidy applied – as recommended
Total capital cost over life of Asset		$1,189,680
Design Life of Major Asset		60
Depreciation - Amortising capital cost	$ 27,667
Annualised Operating Costs	$ 3,000
Annualised M&R	$ 5,000
Total Annualised		$ 35,667
Annual rent		$ 3,830
(-)Subsidy/ Profit to Council		-$ 31,837
Return on Investment (ROI)		-2.68%

Whole of Life costs No subsidy (Market Rent)
Total capital cost over life of Asset		$1,189,680
Design Life of Major Asset		60
Depreciation - Amortising capital cost	$ 27,667
Annualised Operating Costs	$ 3,000
Annualised M&R	$ 5,000
Total Annualised		$ 35,667
Annual rent		$ 37,000
(-)Subsidy/ Profit to Council		$ 1,333
Return on Investment (ROI)		0.11%

Risk Implications

Nil

Strategy and Assets Committee – Tuesday 13 October 2020

Page 1

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

HPERM Ref: D20/379396

Section: Projects & Technical Services

Approver: Paul Keech, Director - City Services

Reason for Report

To provide Council with an opportunity to consider granting a three (3) year initial lease plus two three (3) year options (3 + 3) to Ashack Pty Ltd trading as S Express Café for the premises part Lot 2 DP 591885 known as 3/3 Schofields Lane, Nowra.

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

Options

1. Adopt the recommendation.

Implications: Council can proceed to enter into a lease with Ashack Pty Ltd for three (3) years with two three (3) year options and receive $14,400 per annum rental income for the property with annual CPI increases.

2. Not adopt the recommendation.

Implications: The retail tenancy would most likely remain vacant, adding to the percentage of vacant tenancies throughout the Nowra CBD.

Background

The building known as Schofields Lane was acquired by Council in April 2020 and is made up of six tenancies, one of which is currently vacant.

Building Occupancy breakdown:

Level 1:

Solicitors 40%

Ground Floor:

Shoe Repairs 10%

Café 10%

Hair 10%

Vacant 10%

Common Areas 10%

TOTAL 100%

The existing building services include Shoe Repairs, x2 Hairdressing salons, Solicitors, and a café.

Susan Ash has retained the tenancy known as 3/3 Schofields Lane since 2018 and is seeking to secure a new lease term.

The Lessee has received six (6) months rent relief due to Covid-19 between April – September 2020.

The Lessee is requesting an initial three (3) year lease plus two three (3) year options totalling nine (9) years total (3 + 3 + 3).

Tenancy Overview

The negotiated agreement, subject to Council approval is based on the following:

Lessee	Ashack Pty Ltd trading as S Express Café
Lessor	Shoalhaven City Council
Premises	Lot 2 DP 591885 known as 3/3 Schofields Lane Nowra
Area	35sqm unsurveyed
Zoning	B3 – Commercial Core
Permitted Use	Cafeteria and salad bar
Commencement	1 November 2020
Initial Term	3 years
Options	3 + 3 years
Rent	$14,400 pa + GST Paid by monthly instalments of $1,200 + GST Plus Outgoings
Rent Free Period	N/A
Increases	Annual 2% upon lease commencement date
Market Review	At the end of each term
Outgoings	100% Garbage Management Fees Trade Waste & associated costs (currently fitted) Backflow Prevention (if fitted) Electricity & gas Any charges that solely relate to the lessee’s use of the premises other than Council rates, land tax & water rates. Fire equipment maintenance & servicing – AFSS 10% Of all other Outgoings as proportionate building share: Council rates Land tax Lessor’s building Insurance Water / Water Usage / Sewer Availability Sanitary Electricity – common areas Cleaning - common areas & stock supply *Note these costs are on top of rent
Operating Costs	Own business running costs Utilities – Electricity & Gas Grease Trap / Trade Waste (currently installed) Air Conditioning servicing (if Council Unit provided) Pest Control Cleaning Security
Security Deposit / Bank Guarantee	$1,320 incl GST (1 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

Community Engagement

Not required as the land is classified as Operational.

Policy Implications

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

As per industry guidelines an incentive % towards Lessee fit-out or rent-free period is generally recommended and provided at the commencement of any new lease. However due to the Lessee receiving six (6) months rent free throughout the Coronavirus pandemic as part of Council’s ‘Rent Relief for Council Owned & Managed Premises’ a further rent free period is not recommended at this time.

Financial Implications

Council will receive a monthly rental income for a maximum term of nine (9) years with annual 2% increases plus Outgoings.

The below Whole of Life Costs should be noted:

Total Capital cost over life of Asset (10% of the total for the whole building)	$	161,600
Design Life of Major Asset:		60 years
Depreciation - Amortising capital cost	$	4,040
Annualised Operating Costs	$	3,000
Annualised M&R	$	1,000
Total Annualised (Depreciation, Operating & R&M)	$	8,040
Proposed Annual rent	$	14,400
(-) Subsidy/ Profit to Council	$	6,360
ROI		3.94%

Risk Implications

N/A

Strategy and Assets Committee – Tuesday 13 October 2020

Page 1

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

HPERM Ref: D20/392373

Section: Projects & Technical Services

Approver: Paul Keech, Director - City Services

Attachments: 1. Aerial Lot 3 DP 597223 ⇩

Reason for Report

This Report provides Council with an opportunity to approve the sale by direct negotiation of Lot 3 DP 597223 Bolong Road Coolangatta to the adjoining owner as shown in yellow on Attachment A (D20/394410).

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.

Options

1. Council accept the recommendation as presented.

Implications: This allows Council the opportunity to dispose of a small parcel of land which is surplus to Council requirements and otherwise unusable by the public. This parcel of land is only of value to the adjoining landowner.

2. Not accept the recommendation.

Implications: Council will retain ownership of surplus unusable land requiring further costs towards maintenance and the loss of the opportunity to receive $11,000 in funds.

Background

Lot 3 DP 597223 came into Council ownership as a public reserve (the intention was for the land to be used as a driver rest area; however, this has never eventuated) via its dedication when the parent Lot 8 DP 594703 was subdivided in 1978 into two lots, comprising one lot on each side of Bolong Road. Refer to extracts of respective deposited plans below.

Lot 3 defaulted to Community land with the introduction of the Local Government Act 1993. It remained a public reserve with in situ public interests until in early 2015 when an audit of public reserves was conducted which identified the following as having nil or little practical public use:

1. Lot 21 DP 252581 – 50 Shoalhaven Heads Road

2. Lot 4 DP 550354 – Island Point Road St Georges Basin

3. Lot 12 DP 617101 – Bolong Road Coolangatta

4. Lot 3 DP 597223 – Bolong Road Coolangatta

The audit noted above recommended the reserves be reclassified as operational land and disposal of same occur to adjoining owners. The reclassification to operational land status for the above properties occurred and was completed via an LEP2014 amendment dated 7 July 2017.

Pre-subdivision (parent Lot) Post-subdivision

Subsequent to the above, Lot 21 DP 252581 – 50 Shoalhaven Heads Road was sold to the adjoining owner in April 2018, whilst Lot 4 DP 550354 – Island Point Road St Georges Basin is currently the subject of a three lot subdivision and respective sales to three adjoining land owners and is due for settlement in the coming months following registration of the subdivision plan.

Lots 12 and 3 Bolong Road have been the subject to protracted negotiations. Negotiation with the adjoining owner to Lot 12 continues and will be the subject of a separate report to Council at the appropriate time, whereas agreement has been reached with the adjoining owner of Lot 3.

For all intents and purposes, this small parcel of land has been identified as surplus to Council requirements for a number of years. The location and size resulted in the land not being suitable for its proposed use as a driver rest area, not does it provide a public benefit as a public reserve. The only market opportunity for sale is to the adjoining owner and then consolidation with the new owner’s main lot, that being Lot 1 DP 597223 as shown in Red on Attachment A.

A Valuation was requested from Walsh & Monaghan, which provided a market price of $10,183.00.

Council commenced negotiations with the owner some eighteen months ago, and a sale price of $11,000 was the recent final figure agreed upon subject to Council resolution.

Small Road Reserve

At the time of registration of the Deposited Plan that created Lot 3 and its dedication to Council, a small section of the land acquired as highlighted blue below was simultaneously dedicated as public road in order to maintain the road frontage of Lot 1.

Once the sale of Lot 3 is complete, the future need for the small piece of road reserve can be investigated and reported under separate cover as part of MIN20.636 resolved at Council’s Ordinary meeting dated 22 September 2020:

That Council staff conduct an audit of road reserves with a view to establishing a list of those which are surplus to Council’s requirements, and be recommended for disposal by sale. The list of road reserves need not be exhaustive and could be added to on an ongoing basis.

Community Engagement

Lot 3 is not suitable for sale on the open market given its size at 2263 sqm, configuration, and zoning and as such the recommendation is for disposal by direct negotiation to the adjoining owner and thence consolidation. Given the request for direct negotiation, no community consultation has been undertaken.

Policy Implications

Not applicable

Financial Implications

This sale gives Council the opportunity to receive $11,000 in funds to be deposited into the Property Reserve.

Risk Implications

Not applicable

Strategy and Assets Committee – Tuesday 13 October 2020

Page 1

SA20.196 Provision of Annual Professional Beach Patrol / Lifeguarding - Shoalhaven Beaches – 2020 / 21 to 2024 / 25

HPERM Ref: D20/402974

Section: Recreation Community & Culture

Approver: Jane Lewis, Director - City Lifestyles

Reason for Report

To inform Council of the tender process for Provision of Annual Professional Beach Patrol / Lifeguarding - Shoalhaven Beaches – 2020 / 21 to 2024 / 25.

In accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, some information should remain confidential as it would, if disclosed, prejudice the commercial position of the person who supplied it.

It is not in the public interest to disclose this information as it may 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. This information will be considered under a separate confidential report.

Recommendation (Item to be determined under delegated authority)

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

Options

1. Accept recommendation as written

Implications

· Enables contract to be awarded and patrol preparations made in adequate time prior to summer holiday season

2. Council decline to accept the recommendation and determine a Councillor Briefing

Implications:

· Time constraints prior to forthcoming 2020 / 21 summer season

· An extensive tender evaluation, comprising price and non-price criteria, has been undertaken in accordance with a Tender Evaluation / Probity Plan, Procurement Plan, Tender Evaluation Team process along with associated administrative tasks

Details

At its Ordinary meeting held on 10 March 2020, Council made the following resolution (MIN20.173):

That:

1. The Chief Executive Officer (Finance Corporate & Community Services) proceed to public open Tender with regard to Annual Professional Beach Patrol / Lifeguarding Services for the period 2020 / 21 to 2024 / 25 for maintaining the existing service locations, being:

a. Shoalhaven Heads Beach - six days per week excluding Sundays and public holidays - Monday to Saturday - commencement of NSW Summer school holidays in December to conclusion at end January

b. Crookhaven Heads Beach - seven days per week including public holidays - commencement NSW Summer school holidays in December to conclusion at end January

c. Ocean Street / Tilbury Cove - seven days per week including public holidays - commencement NSW Summer school holidays in December to conclusion at end January

d. Warrain Beach - five days per week excluding public holidays – Monday to Friday – commencement NSW Summer school holidays in December to conclusion at end January

e. Sussex Inlet / North Cudmirrah - seven days per week including public holidays - commencement NSW Summer school holidays in December to conclusion at end January

f. Narrawallee Beach - five days per week excluding public holidays – Monday to Friday - commencement NSW Summer school holidays in December to conclusion at end January

g. North Mollymook Beach - five days per week excluding public holidays – Monday to Friday - commencement NSW Summer school holidays in December to conclusion at end January

h. South Mollymook Beach - five days per week excluding public holidays - Monday to Friday commencing first Monday in December to last Friday in February

“2. As part of the Request for Tender process, Council include options and locations based on recent community feedback, along with consultation with leading industry bodies such as Australian Lifeguard Service and Surf Life Saving NSW.

“3. An evaluation of the appropriateness of the signage regarding safety at the non-patrolled beaches be conduct by staff on an annual basis.

CARRIED

In accordance with MIN20.173, on 30 July 2020, Council issued a Request for Tender for “Annual Professional Beach Patrol / Lifeguarding - Shoalhaven Beaches – 2020 / 21 to 2024 / 25” with a closing date of 19 August 2020.

Tenders Received

Tenders closed 19 August 2020 (10am), with a total of one tender being received by the deadline. The tender submission was received from the following, and Council is requested to consider the award of a contract:

Tenderer	Location
Surf Life Saving Services (SLSS) – trading as “Australian Lifeguard Service (ALS) NSW” - wholly owned subsidiary of Surf Life Saving NSW (SLSNSW)	Belrose NSW

Details relating the evaluation of tenders are contained in the confidential report.

Community Engagement:

Previous public submissions have been taken into consideration during preparation of this report. South Coast Branch NSW Surf Life Saving (SCBNSW) have consistently approached Council on behalf of the Shoalhaven’s four local Surf Life Saving Clubs requesting consideration as follows:

· To fund Easter patrols at South Mollymook Beach – one of Council’s major tourist destinations

· To include, within its tender documentation, a separate portion for Additional Services during Summer School Holidays at additional locations

Policy Implications

Each of Options presented in the Confidential Report are considered in conjunction with Council’s adopted Water Safety Policy (POL16/220).

Financial Implications:

The eight existing “status quo” beach locations are shown with Australian Lifeguard Service NSW tendered prices within the confidential report:

·· Shoalhaven Heads Beach (near Shoalhaven Heads Surf Life Saving Club)

· Crookhaven Heads Beach

· Tilbury Cove (Ocean Street) Beach

· Warrain Beach (near Nowra / Culburra Surf Life Saving Club)

· Sussex Inlet / North Cudmirrah Beach (near Sussex Inlet Surf Life Saving Club)

· Narrawallee Beach

· North Mollymook Beach

· South Mollymook Beach (near Mollymook Surf Life Saving Club)Any extension to, or addition of, services will require further funding from Council. This may require Council to identify other service reductions to make available other sources of funding.

Additional costs are also incurred at each site to provide hired cabins (four sites – not adjacent to Surf Life Saving Clubs where no facilities / clubhouse are provided) and portable toilet (one site – for contractor use only) as pre-requisite temporary infrastructure.

The financial implications are discussed in detail in the confidential report.

Strategy and Assets Committee – Tuesday 13 October 2020

Page 1

SA20.198 Community Development Grants Program 2019/2020 Funding

HPERM Ref: D20/324952

Section: Recreation Community & Culture

Approver: Jane Lewis, Director - City Lifestyles

Reason for Report

To advise Council of the successful funding applications for the Community Development Grant Program 2019/2020. The projects being implemented are community driven to support a range of needs across the Shoalhaven.

Recommendation (Item to be determined under delegated authority)

That Council receive this report for information regarding the community groups and organisations which successfully received funding under the 2019/2020 Community Development Grant Program.

Options

1. Adopt the recommendation as above.

Implications: Council will be updated on the community groups and organisations which received funding through the Community Development Grant Program 2019/2020.

2. Request more information.

Implications: Council will be provided with additional information to a future meeting as requested.

Background

The Community Development Grant Program enables community groups and organisations to design, implement and complete community development projects that support and enhance the lives of people in the Shoalhaven. Grants are offered up to the value of $2,000.

An application is prioritised based on its ability to:

· Align with the Shoalhaven City Council Community Strategic Plan vision, themes and key priorities;

· Support an innovative approach to community programs;

· Address an identified community need; and

· Facilitate the equitable distribution of community resources.

Council offers the Community Development Grant Program annually. For the 2019/2020 Community Development Grant Program round, Council received 20 applications for a total value of $37,496.50.

Table One - Applications, having been assessed by the panel and deemed to meet the criteria for funding and be projects of merit. These applications have successfully received funding under the 2019/2020 Community Development Grant Program.

Community Group / Organisation	Project	Funds Granted (Excl. GST)
U3A Shoalhaven, Third Age of Learning Inc	Learning not Lonely: New Experiences - Wellbeing - Friendship - Sharing. A training program to empower and support older people to join their peers in learning new technological skills, empowering people who may have isolated in recent months to make connections and re-join the community.	$1,800
CTC Sussex Inlet Inc	Consistent Community Communication. Supporting Sussex Inlet to stay connected, Consistent Community Communication aims to provide a sense of continuity in the community and to support the community to remain informed and connected during COVID-19 restrictions by providing volunteers with the resources to continue to develop the Sussex Inletter.	$2,000
The Ulladulla & Districts Community Resources Centre	Recovery Connections Outreach. An outreach service for bushfire affected communities offering emotional support, information, referral and advocacy in towns and villages.	$2,000
Cerebral Palsy Alliance	Language assessment kit. Supporting a range of young people with a disability in the Shoalhaven to access clinical assessments that can better inform therapeutic interventions by providing a streamlined flexible approach to language assessment. Young people will be able to access structured and authentic testing of language ability to help inform their care.	$1,917
The Flagstaff Group	Video In. Supporting people with a disability to remain socially connected and continue their learning and life skills training. By providing access to video and teleconferencing technology, ‘Video In’ aims to increase the social and learning capabilities of people with a disability who are/have self-isolated during COVID-19.	$2,000
Milton District Band Inc	Milton District Band Expansion. The expansion of the Milton District Band will grow arts and culture in the Shoalhaven by expanding the existing musical repertoire to include comprehensive concert band scoring and enhancing the percussion section of the Milton District Band with melodic and rhythmic instrumentation.	$1,051
Dunn Lewis Youth Development Foundation	Communities Shoalhaven. Working with young people to develop a series of audio documentaries which will be released as a podcast. Each documentary will explore a particular 'tribe' or community that the young people feel they have a connection with and that is synonymous with the Shoalhaven. Communities may include surfing, music, arts, theatre etc.	$1,374
Noah's Inclusion Services	The Noah’s Behaviour Support Program. Supporting children and their families to encourage the healthy development and wellbeing of all children in the community by applying positive parenting techniques. Funding will support Noah’s Inclusion Services to continue to provide support and techniques to families to assist in overcoming the challenges of raising young children during COVID-19 restrictions and social distancing.	$1,878
Shoalhaven Neighbourhood Services Inc	Family Activity Resource Packs. Activity Resource Packs will continue to provide local children and families who attend the Nowra Neighbourhood Centre for Playgroup with the access to resources and skills necessary to participate in craft activities, active games and healthy eating during COVID-19 restrictions. The resource packs will support families to engage using the resources provided.	$2,000
St Mary Star of the Sea Catholic Parish Milton	Bushfire Recovery Story Telling and Creative Arts Space. Supporting bushfire affected community members to recover by providing a safe space to come together and tell their stories in creative and artistic ways. Community members will have the opportunity to meet at various times throughout the week to share their stories and creative works.	$2,000
Sassafras and Districts Progress Association	Dynamic Community Website and Interactive Community Noticeboard. The Dynamic Community Website and Interactive Community Noticeboard is the initiative of the newly created Sassafras and Districts Progress Association. The initiative aims to build a stronger sense of community in the sparsely populated and isolated Sassafras and to help repair emotional damage and social disconnectedness brought about, primarily, by the recent bushfires, but further amplified by Covid-19.	$2,000
Shoalhaven International Women's Day Committee	Women’s Online Arts Festival: Celebrating International Women’s Day 2021. Women in the Shoalhaven will be invited to create an artistic depiction of their experiences during 2020 and then enter this art to the Women’s Online Arts Festival via an online platform. These depictions will involve a variety of art forms, with the theme of “Looking Back and Moving Forward: Journeys of Resilience”. The initiative aims to provide an accessible, inclusive, safe and well administered online platform for women to present and share their depicted experiences of living in the Shoalhaven during the crises of 2020 and to foster and encourage women to participate in an activity aimed at promoting their positive mental health.	$2,000
Total		$22,020

Table Two – Applications, having been assessed by the panel and deemed to be projects of merit, have been conditionally approved (subject to returning mandatory supporting material, a completed funding agreement and tax invoice) under the 2019/2020 Community Development Grant Program. Community Development staff continue to work with and support these organisations in returning the appropriate documentation to enable to allocation of grant funding.

Community Group / Organisation	Project	Funds Conditionally Granted (Excl. GST)
Sussex Inlet Districts Chamber of Commerce	Community and Business Linkages in Sussex Inlet. The Sussex Inlet Chamber of Commerce in partnership with the Community Forum aim to improve the current collaboration and flow of communication between the community, services, business and tourism in Sussex Inlet. By improving electronic communications and supporting the implementation of five (5) key working parties that focus on issues and needs analysis the Chamber and Community Forum can continue to develop strong local partnerships and implement effective strategies to address needs.	$1,980
Minute by Minute Disaster Relief Inc	Warm Up Winter. By making use of existing organisational resources, Minute by Minute Disaster Relief volunteers can support the Shoalhaven community by providing access to essential warm clothing in the cooler months. The initiative will empower community members to access additional support services they may benefit by referring to other local organisations and groups.	$2,000
Shoalhaven Heads Surf Life Saving Club	Community Mural. Young people in Shoalhaven Heads will be invited to participate in an art design competition. The winning designs will be used as motifs on the existing painted façade of the Shoalhaven Heads Surf Life Saving Club.	$2,000
Total		$5,980

Council funded 15 of the 20 applications. Of the five (5) remaining applications – Two (2) of the applications were not eligible due to request for wages/fundraising or they were not a legally constituted, incorporated body. The other 3 applications were eligible but scored lower and the monies were expended. These applicants will be informed when the next round is opened so they can resubmit their applications for 2020/21 grants program which will open in early 2021.

Community Engagement

The grant program was advertised through Council’s website and social media page. Information was also sent to a wide range of community groups and organisations on Council’s database advising the grant program was open and encouraging community groups and organisations to make an application. Council’s Community Development Team provided support to a range of community groups and organisations to develop their project proposals and apply for the grants.

Financial Implications

The Community Development Grant Program is funded through the Community Development – Community Grants budget. The total value of this budget is $28,000.

$22,020 of the Community Grants budget for the 2019/2020 financial year has been expended through the Community Development Grant Program (Table One).

Council’s Community Development Team continue to work to expedite the remaining $5,980 of the Community Grants funds by working with and support these organisations outlined in Table Two in returning the appropriate documentation.

The total value of Community Grants budget for the 2019/2020 financial year ($28,000) has been allocated through the Community Development Grant Program 2019/2020.

Community Development Grant Program - 2020/2021 Financial Year

Councillors will recall that the budget for the Community Development Grant Program 2020/2021 financial year has been increased to $48,000 in line with MIN20.352.

An additional $20,000 was allocated to the grant program to “…give relief to sporting, arts and community groups who have been adversely impacted by the implementation of COVID-19 restrictions” (MIN20.352, Strategy & Assets Committee, Shoalhaven City Council, 12 May 2020).

Council most recently resolved “that Council place the draft Community Development Grant Program Guidelines, Procedure, Application Form, Assessment Matrix and Acquittal Form on public exhibition for a period of 28 days” (MIN20.553, Strategy & Assets Committee, Shoalhaven City Council, 11 August 2020).

The draft Community Development Grant Program Guidelines, Procedure, Application Form, Assessment Matrix and Acquittal Form are on Public Exhibition between the 14 September 2020 and 12 October 2020, inclusive.

If no significant adverse feedback is received at the close of the public exhibition period of the Community Development Grant Program, with the total budget of $48,000 for the 2020/2021 financial year, may be open for applications as early as February 2021. If significant adverse feedback is received at the close of the public exhibition period and a further report is required to Council for consideration and adoption, timeframes will be extended.

Strategy and Assets Committee – Tuesday 13 October 2020

Page 1

SA20.199 Ulladulla Skatepark Draft Concept Design - Concept Design Endorsement

HPERM Ref: D20/60559

Section: Recreation Community & Culture

Approver: Jane Lewis, Director - City Lifestyles

Attachments: 1. Pre-design Consultation Questionnaire ⇩

2. Pre-design Consultation Summary Report (under separate cover) ⇨

3. Draft Sketch Design ⇩

4. Draft Plan revision considering site constraints - figure 3 ⇩

5. Final Concept Design Report (under separate cover) ⇨

6. Summary of Questionnaire Responses - September 2020 ⇩

Reason for Report

To report on the progress of the concept design of the Ulladulla Skate Park in accordance with Part 3 of MIN18.807 and seek endorsement from Council to proceed to detail design.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Endorse the Revised Concept Design (May 2020) for Ulladulla Skate Park; and

2. Proceed to detail design.

Options

1. Adopt the recommendation.

Implications: Endorsing the revised concept design and proceeding to detail design will allow to project to progress and towards being shovel ready for grant funding opportunities.

2. Adopt an alternative recommendation.

7. Implications: Depending on the nature of the alternative recommendation, this may result in additional expenditure on the design and estimated construction cost of the new skate park facility.

Background

At the October 2018 Strategy and Assets meeting, Council resolved in MIN18.807.

That Council:

1. Receive the Ulladulla Skate Park Audit Report for information and note that the report identifies the estimated end of the useful life of the facility will be reached at the end of 2023.

2. Limit repairs to the existing facility at this time to repairs that the General Manager (Director Finance, Corporate & Community Services) deems appropriate to address high risk defects.

3. Utilise the current budget allocation of $200,000 to engage a consultant to prepare a concept and detail design for the construction of a replacement facility of the Ulladulla Skate Park that considers the recommendations of the Ulladulla Skate Park Audit Report and in consultation with community. Prior to proceeding to detail design, Council receive a report with the concept design for endorsement.

4. Develop a funding plan for the replacement of the Ulladulla Skate Park facility that identifies funding sources, including grant funding opportunities, over a number of budget cycles commencing 2019/20 for inclusion in Council’s long-term financial plan.

5. Commence the preparation of the master plan for the Ulladulla Sports Park using any savings from the current budget allocation of $200,000 for the Ulladulla Skate Park.

6. Continue consultation with the Ulladulla Skate Park User Groups in the detailed design process.

Audit Report and Repairs

An audit report was completed in 2018 by the consultants, Convic, in response to concerns raised by the community regarding the safety of the skate park. The audit report identified minor and major cracks in the concrete, surface chipping, differential settlement, structural displacement due to groundwater forces prominent in the large bowl and identification of rusted coping. All these issues created a significant safety risk for users.

In line with MIN18.807, due to the end of life of the facility being 2023, repairs were completed to address the high-risk defects and improve the safety of the skate park until a new skate park is built as a replacement. Council has since completed the work listed in the Audit Report, including repair of minor and major cracks in the concrete and surface chipping, sealing of the skate park, replacement of coping. Rectification of the differential settlement that led to the structural displacement and pooling was not undertaken as these elements were deemed irreparable.

Concept Design of new Skate Park

Council engaged Convic (the consultant) to prepare a concept and detail design for the construction of replacement facility of the Ulladulla Skate Park in accordance with part 3 of MIN18.807. Their brief was to complete a concept design in collaboration with the local community, and then, with Council approval, proceed to detail design documentation. If approved to progress, this project will be ‘shovel ready’ for the next round of large funding opportunities.

Consultation

Community consultation has been an integral component of the concept design development. A series of consultation exercises have been utilised by the consultant including on-site meetings, questionnaires, and workshops. In addition, communications have also been utilised on Council’s Facebook page, dedicated Get Involved page, Ulladulla Skate Park Users Facebook page and phone and email communications to key community representatives, user groups and surrounding schools. The participants who engaged in the community consultation exercises represent a broad spectrum of community including young skaters, older skaters, parents, teachers and skatepark designers.

An initial on-site meeting was held with key stakeholders including Council staff, the consultant, two local skaters and a community member who was previously involved in the design and delivery of the existing skate park. The objective of this meeting was to meet with interested parties, understand the ideas and history of the current infrastructure in an effort to incorporate its popular features, for example the vertical wall and deep bowl.

Two community consultation workshops were subsequently held at the Ulladulla Civic Centre on 29 July 2019 and 23 September 2019. A third online survey was completed in late August 2020. This consisted of a design flythrough and a questionnaire.

The first workshop was focused on pre-design and provided opportunity for community to learn about the project and meet the consultant. The consultant was able to take this opportunity to gather information through surveys and workshopping. A questionnaire was provided to participants to document community members demographic information, gain an understanding of their skill level and why they ride, their vision for the skate park, and desired features. A copy of the questionnaire is provided as Attachment 1. A total of 42 community members participated in the workshop with the highest proportion of participants aged 11-20 years old. A summary of the Pre-Design Workshop is provided at Attachment 2.

The second workshop involved presenting a draft concept design for discussion based on the feedback received in the pre-design workshop. A total of 20 community members participated in the workshop with participants aged between 16 and 40 years old.

The draft concept presented is provided in Figure 1 below and at Attachment 3. The principal features of the concept were the inclusion of two bowls, longer vertical wall, street features, shade shelters and easy transitions throughout the park. In the workshop, the participants conveyed that they did not want to see various features changed including the deep bowl, long runs and vertical wall.

Figure 1 – Draft Concept presented at September 2019 workshop

Following the September workshop, further suggestions were provided to Council staff by community members for incorporation in the skate park design. These suggestions were for features that are included in an Olympic standard skate facility.

These suggestions were provided to the consultant who incorporated them into the amended concept, however it was acknowledged that whilst there was a desire for an Olympic standard skate park, the new facility must be inclusive space for all ages and abilities, work within the site constraints (drainage), and must have an achievable budget for delivery.

In consideration of the community’s requests, the consultant conferred with two professional skaters on the world stage in skateboarding. Design input from these two champions indicated that the elements in the draft concept plan would cater to novice skaters and pro skaters, whilst meeting the community expectations.

Figure 2 below illustrates the amended draft concept following the September workshop and further feedback received from the community members.

Figure 2 – Draft Concept following September 2019 workshop

As part of the concept design development, preliminary investigations were undertaken. Two potential issues were identified, including an existing underground pipe that ran through the area of the new skate park which prevented the provision of any bowls or deep components in that location. The second issue being the potential for increased fill to eliminate flooding as a result of the existing stormwater basin immediately to the south overflowing. To address the above issues, the draft concept was further revised as per Figure 3 below and at Attachment 4.

Figure 3 – Draft Concept March 2020

Following the revised draft concept as shown in Figure 3, further consultation was undertaken with key stakeholders of the skate park user group. During this consultation, the stakeholders raised concerns about the design not addressing their initial expectations for inclusion of challenging skate park features which would address the needs of beginners through to advanced users. The draft concept plan was modified to accommodate trends and a challenging venue for those who aspire to participate in competitions.

Upon receipt of the final Draft Concept Plan, Council staff undertook a review of the draft documentation including indicative costing. The draft concept as developed by the consultant, which addressed the ‘wish list’ conveyed during the extensive community consultation, was estimated to cost $2,900,000. In line with MIN18.807, Council staff requested that the consultant revise the plans to meet the anticipated cost of works, as detailed in the Audit Report of $1,490,000.

The Final Concept Design Report is provided as Attachment 5 to this report. Figure 4 below demonstrates the comparison between the over-budget skate park in comparison to the final draft concept which is in line with the Council’s original budget expectation as part of the report to Strategy and Assets in October 2018.

Figure 4 – Comparison Image of Draft Concept with Community Wish-List Skate Park and the Final Concept Plan as per Council’s budget

Whilst the final concept is a smaller skate park than the communities wishes, it encompasses elements in line with community expectations that were expressed during the consultation period. These elements include deep bowl (3.7m deep), vertical wall, combination of skate park features to suit users at all skill levels, street features, and provision of seating and shade structures. The estimated construction cost of the revised concept design is $1.48M. Figure 5 below is a 3D visualisation of the final concept plan. The Final Concept Design Report includes additional 3D visualisations of each component of the skate park design.

Figure 5 – Ulladulla Skate Park 3D Visualisation

Given the differences between the version of the concept plan viewed by the community and the final concept, staff sought further community feedback on the final concept plan via a questionnaire supported by a 3D Video Flythrough. The questionnaire was made available on Council’s Get Involved page from 25 August to 4 September 2020. The 3D Video Flythrough can be viewed at the below link:

https://getinvolved.shoalhaven.nsw.gov.au/ulladulla-skate-park?tool=survey_tool#tool_tab

Advice of the questionnaire and flythrough was provided via the Get Involved page, Council’s Facebook Page, Ulladulla Skate Park Users Facebook Page and direct notification to previous consultation participants. A total of 50 questionnaire responses were received during the consultation period, a summary of the questionnaire responses is provided below, and in more detail at Attachment 6.

· Majority of responses (90%) indicated that they liked multiple aspects of the revised design, of which 6% offered additional design considerations. A total of 10% of the responses did not like any aspects of the revised plan.

· Majority of responses (88%) felt that the revised plans have been done well and did incorporate elements to provide a facility that addressed varying skill level. A total of 12% of responses considered the incorporation of those elements have not been done well.

· 40% of responses considered the revised plan to incorporate all aspects of the previous plan. A total of 54% of responses provided feedback as to what they believed was missing - these included things like second bowl, box jumps and external elements such as toilets, water and pump track. A further 2% did not know whether there were any elements missing, 2% believed the park should be updated rather than a new one being built and 2% believed everything missing.

· Suggestions for the future works of the space included items such as toilets, alterations to the car parking, music, Wi-Fi, playground, pump track, design amendments to the skate park including second bowl, spine on large bowl, half pipe and better transition from bowl to street area.

· Majority of the responses (60%) indicated that they wished to see the project proceed to the next stage. The remaining responses suggested that Council should revise the plans further (18%), Council should proceed with the original over-budget skate park option (16%), and that Council should not proceed with any plans to the skate park (6%).

A consistent theme in the questionnaire was a request for a second bowl, longer transition, a few more street features such as box jumps and mini ramps. Staff have discussed the potential for re-incorporating these options into the design with the consultant. The consultant has advised that this can be accommodated in the detail design stage and will require an estimated increase of the construction budget by an additional $600,000.

Based on the responses received during the final consultation period, it is recommended that Council endorse the revised design with the estimated construction cost of $1.48M and do not incorporate the additional features which are estimated to be a further $600,000.

Financial Implications

Development of the concept plan for the Ulladulla Skate Park has been undertaken within the allocated budget for this project, endorsement of this concept plan will enable this project to proceed to detail design. This next stage can be accommodated within the existing budgets. This will make the design ‘shovel ready’ for future grant applications.

Staff will then be able to develop a funding plan for the replacement of the facility. Whilst the replacement of the facility is identified in Council’s long-term financial plan (including a cost estimate of $1.49M based on the Audit Report), it is currently unfunded. Any allocated budget remaining on this project will be used for the completion of the Ulladulla Sports Park Master Plan as per MIN18.807.

Council staff will commence preparation of funding plans after the final documentation is adopted and a Quantity Survey / estimate of probable cost is established. The market cost to deliver the project will be determined through the Request for Tender process.

Upon completion of the project an Asset Management Plan will be required to ensure the ongoing maintenance of the asset, along with major renovation works and future asset replacement. This plan should identify annual maintenance costs along with asset renewal / replacement to reflect the whole of life cost for Ulladulla Skate Park and inclusion in Council budgets and long-term financial plan.

Strategy and Assets Committee – Tuesday 13 October 2020

Page 1

SA20.200 Petition - Burrill Lake Action Group - Barker Reserve Plan of Management

HPERM Ref: D20/407306

Section: Recreation Community & Culture

Approver: Jane Lewis, Director - City Lifestyles

Reason for Report

This report is in response to a petition containing 701 signatures in relation to Council’s Generic Community Land Plan of Management – Parks presented at the Ordinary Meeting on 25 August 2020 on behalf of the Burrill Lake Action Group.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Accept the petition for information.

2. Advise the Burrill Lake Action Group, Burrill Lake Community Association and Burrill Lake Community of the opportunity to engage in the community consultation in the coming months regarding review of Council’s Generic Community Land Plan of Management – Parks, being:

a. Preliminary consultation seeking feedback on values, challenges and future directions of Shoalhaven Parks – end of 2020; and

b. Formal public exhibition period – early 2021.

3. Provide advice and assistance to the Burrill Lake Action Group, Burrill Lake Community Association and Burrill Lake Community to prepare a community driven masterplan for Barker Reserve that is consistent with the core objectives of the Park category, the Community Infrastructure Strategic Plan and the Plan of Management.

Options

1. Council accept the petition for information, and invite the Burrill Lake Action Group, Burrill Lake Community Association and Burrill Lake Community to engage in the preliminary consultation seeking feedback on values, challenges and future directions of Shoalhaven Parks and formal public exhibition period for the Generic Community Land Plan of Management – Parks.

Working towards the requests as per the petition will be achieved by a community driven masterplan for Barker Reserve which Council staff can provide advice and assistance in its preparation. Advice and assistance will be aimed at ensuring the masterplan is consistent with the core objectives of the Park category, the Community Infrastructure Strategic Plan and the Plan of Management.

Implications: Accepting the petition for information and inviting the Burrill Lake Action Group, Burrill Lake Community Association and Burrill Lake Community to engage in the planned community consultation process for the review of the Generic Community Land Plan of Management – Parks will allow Council staff to appropriately consider and address the requests as per the petition. The consultation will occur in two stages, as per the requirements of the relevant legislation, and consistent with the deadline for the adoption of Crown Land Plans of Management being 30 June 2021.

Proceeding with a community driven masterplan is considered the best means of achieving the desires of the Burrill Lake Action Group, Burrill Lake Community Association and Burrill Lake Community as per the requests of the petition. This way forward is also cognisant of Council staff’s current workload and priority projects as per the adopted DPOP and resolutions of Council. The community driven masterplan can be undertaken by the community raising funds or applying for grants to engage a consultant to prepare a masterplan for Barker Reserve.

2. Adopt an alternative recommendation.

Implications: Depending on the nature of an alternative recommendation, this may result in allocation of budget and resources which are currently committed to other projects.

Background

At the Ordinary Council meeting on 25 August 2020, a petition was presented on behalf of the Burrill Lake Action Group which includes both handwritten and digital Signatures collected in person and through the website change.org.

The petition suggests that it was signed by 701 individuals, however a total of 680 signatures have been recorded (185 in hard copy, 495 via the electronic Change.org petition). The handwritten signatures received included residents of Burrill Lake, Dolphin Point, Ulladulla, Mollymook, Narrawallee and Milton. The Change.org signatures are from a wide area, including residents of Burrill lake and the Shoalhaven, whilst a majority of Change.org signatories are from other Australian cities, and countries, including the United States, UK, Latvia, Poland, Italy, Spain, South Africa, France and Croatia. It is noted that some signatories may be illegitimate (e.g. “Spiderman”, “Poopoo Peepoe” and “Spaghetti Bologna”).

The purpose of the petition is to:

“request Shoalhaven City Council urgently implement Section 1.4 of the Plan of Management – Parks (CLP No 6) adopted in July 2001 for Barker Reserve Burrill Lake by effectively consulting and inviting community input into a review of the current Plan of Management.”

Specifically, the petition makes reference to achieving a site-specific Plan of Management that reflects the current needs and desires of the local community, visiting families, friends and holiday makers and to nominate the communities right to raise and contribute funds for the construction of and operation of specific public facilities including:

· Upgraded / expanded children’s playground;

· Community gardens;

· Public toilets;

· Disabled access to existing picnic tables and playground;

· Fish cleaning facilities;

· Passive and active grassed exercise area;

· BBQs, outdoor seating and shelter;

· Drinking fountain;

· Sealed hardstand internal roads and car parking;

· Drainage;

· Watercraft launching facility (as per Council’s Foreshore Policy);

· Designated swimming area including seating; and

· Prohibition of the construction and operation of any other building or structure not nominated in the Plan of Management.

Barker Reserve, Burrill Lake

The land in question is known as Barker Reserve, Burrill Lake. It is described as Lot A DP 21307 and is Council owned land.

The subject site is zoned RE1 Public Recreation under the Shoalhaven Local Environmental Plan 2014. The reserve is classified as Community Land and categorised as ‘Park’ under the Local Government Act 1993. The subject site is administered by Council’s Generic Community Land Plan of Management – Parks.

The Core Objectives for the management of land categorised as Park, including Barker Reserve, are:

a) To encourage, promote and facilitate recreational, cultural, social and educational pastimes and activities, and

b) Provide for passive recreational activities or pastimes and for the casual playing of games, and

c) To improve the land in such a way as to promote and facilitate its use to achieve the other core objectives for its management

The existing Plan of Management that applies to the subject site was adopted by Council in 2001. The Plan of Management covers Council-owned Community Land that is categorised as ‘Park’ under the Local Government Act 1993.

Councillors will recall that Council staff are currently in the process of preparing revised Plans of Management in order to meet the requirements of the new Crown Land Management Act 2016. The updated Plans of Management will cover both newly categorised Crown Land and Council Community land covered in the existing Plan of Management.

The Community Infrastructure Strategic Plan (CISP) identifies Barker Reserve as a Local Recreation Park. The CISP defines Local Recreation Parks as containing limited infrastructure, which includes as a mix of three (3) activity nodes, landscaping, pathways, bins, seats, signage, picnic seating and table, shelter and drinking station.

Review of the Petition and Response to Requests

Council staff have reviewed the petition and the individual requests and have responded to each individually in Table 1 below.

Table 1 - Response to Petition Requests

Request	Response / Method of Achieving Request
Implement 1.4 of the Plan of Management – Parks (CLP No 6) adopted in July 2001 for Barker Reserve Burrill Lake by effectively consulting and inviting community input into a review of the current Plan of Management	This Section of the Plan of Management refers to the community consultation undertaken at the time and as part of its preparation. The Section of the Plan of Management cannot be implemented / enacted, as suggested by the petition. Alternatively, Council staff are currently working on a revision of the Generic Community Land Plan of Management – Parks to include newly categorised Crown Reserves. This process will involve community consultation, at which stage the Burrill Lake Action Group, Burrill Lake Community Association and Burrill Lake Community will be invited to participate.
Upgraded / expanded children’s playground	The play equipment at Barker Reserve was installed in 2003/04 financial year. Playgrounds have a default life expectancy of 10 years, however, can be maintained beyond this in accordance with Australian Standards. The Equipment is currently due for replacement once funding is identified. The current generic Plan of Management does allow for the upgrade of this equipment. The Generic Plan of Management – Parks that Council is currently preparing would also allow for the upgrade/expansion of the equipment. Upgrading / expanding the existing playground does not require or warrant a site-specific Plan of Management.
Community gardens	Establishment of community gardens is consistent with Barker Reserve category as a ‘park’ and can be established under Council’s existing Community Gardens Policy (POL16/137). Establishing a community garden on the site does not require or warrant a site-specific Plan of Management.
Public toilets	Council’s CISP classifies Barker Reserve as a Local Recreation Park which does not include provision of public toilets / amenities. These facilities are already provided at Lions Park. Provision of public toilets / amenities at Barker Reserve is inconsistent with Council’s adopted CISP.
Disabled access to existing picnic tables and playground	Accessibility to the existing picnic tables and playground can be provided under the existing Generic Plan of Management – Parks. Improvements to accessibility are subject to budget availability and prioritisation of resources. Improving accessibility to the existing picnic facilities and playground on the site does not require or warrant a site-specific Plan of Management.
Fish cleaning facilities	Provision of fish cleaning facilities is consistent with Barker Reserve category as a ‘park’. This improvement does not require or warrant a site-specific Plan of Management.
Passive and active grassed exercise area	Grassed area for passive recreation is already allowed for and exists at this reserve. This does not require or warrant a site-specific Plan of Management.
BBQs, outdoor seating and shelter	Provision of BBQs is inconsistent with the Local Recreation Park classification of Barker Reserve as per Council’s adopted CISP. In addition, Council’s Park Management Policy stipulates that BBQ and tables will not be provided unless it is the only available space for a specific residential area or village. These facilities are already provided at Lions Park. Outdoor seating and shelters, however, are consistent with Barker Reserve’s category as a ‘park’ and the CISP. This does not require or warrant a site-specific Plan of Management.
Drinking fountain	Provision of drinking fountains is consistent with Barker Reserve category as a ‘park’ and the local recreation park classification as per the adopted CISP. This improvement does not require or warrant a site-specific Plan of Management.
Sealed hardstand internal roads and car parking	The site has an existing internal road and car parking. This improvement does not require or warrant a site-specific Plan of Management. This work is subject to need and budget availability.
Drainage	This improvement does not require or warrant a site-specific Plan of Management. This work is subject to need and budget availability.
Watercraft launching facility (as per Council’s Foreshore Policy)	The upgrade of the boat launching facilities is outlined in the Foreshore Reserves Policy. This may be undertaken subject to budget availability and the need for upgraded water launching facilities. This improvement does not require or warrant a site-specific Plan of Management.
Designated swimming area including seating	The size of the reserve, as well as the existing boat launching facility does not allow room for a designated swimming area at Barker Reserve. A designated swimming area may impede the regeneration of the saltmarsh and seagrass. This does not require or warrant a site-specific Plan of Management.
Prohibition of the construction and operation of any other building or structure not nominated in the Plan of Management	Prohibiting land uses / development is undertaken via Council’s Local Environmental Plan, and specifically the zoning of the site. The site is zoned RE1 Public Recreation which allows for developments such as boat sheds, community facilities and the like. Development of such facilities will be required to be undertaken in accordance with the State Environmental Planning Policy (Infrastructure), or relevant legislation and Council policy and subject to a Development Application. Plans of Management are not an appropriate mechanism to “prohibit” construction and operation of any other building or structure. The Plan of Management can however require that any works within the site are sympathetic to its context. This does not require or warrant a site-specific Plan of Management.

Based on the above, it is considered that the subject site and the requested embellishments do not require or warrant a site-specific Plan of Management for Barker Reserve and that the ongoing management of Barker Reserve can continue under a Generic Community Land Plan of Management – Park.

To meet the community’s aspirations, it is suggested that the development of a site-specific masterplan would be a more appropriate approach. The masterplan would be consistent with the core objectives of the Plan of Management, aligned with the Park category and the CISP.

The master plan would identify the proposed improvements and embellishments for the reserve that could be delivered on this site over time and with funding. Council staff could work with the community to deliver this, or it could be undertaken as a separate, community-driven project. The community may wish to raise funds to engage a consultant to prepare a masterplan for the subject site with support from Council staff.

The revised Generic Community Land Plan of Management – Parks is being prepared by the Community Recreation team in the City Lifestyles Directorate in line with the current Crown Lands Review process and requirements therein. In line with this process Barker Reserve will continue to be included in the Generic Community Land Plan of Management – Parks.

Community Engagement

Community consultation is planned for the end of 2020 for Council’s Generic Community Land Plan of Management – Parks. During the consultation, all community members will have an opportunity provide input to assist in the development of the Draft Plan, including Burrill Lake residents and landowners and the Burrill Lake Action Group and Burrill Lake Community Association. Feedback will be sought on the values, current uses, main issues/challenges and future direction of Shoalhaven Parks.

The Draft Generic Community Land Plan of Management – Parks will then be publicly exhibited in accordance with the requirements of the Local Government Act 1993 and the Crown Land Management Act for a minimum of 28 days, with a 42 day period in which submissions may be made to Council.

Policy Implications

Council’s Community and Recreation team will continue to manage the reserve under the Generic Plan of Management – Park and will continue to proceed with preparing an updated Generic Plan of Management – Park for all Council and Crown Community Land that is categorised as Park.

Financial Implications:

The Crown Lands Review is currently funded and a staff member has been engaged on a fixed term basis for this project. A member of the Social Infrastructure Planning team will be able to assist with the development of the master plan and the staff member with be funded from within existing budget.

From recent projects the development of a concept masterplan, including community consultation / engagement through a consultant would be in the region of $40,000 for a site of this size. This is unfunded in Council’s current budget and typically master planning, along with investigation and design is not eligible for funding under grant programs. Funds would need to be identified either though a quarterly budget review, or in future years of Council’s DPOP. Should the community be in a position to contribute towards the master planning this may enable this project to be brought forward.

Once the master plan is completed, any infrastructure requirements can be estimated and included in Council’s long term financial plan for consideration and funding.

Strategy and Assets Committee – Tuesday 13 October 2020

Page 1

SA20.201 Acceptance of Grant Funding - Streets as Shared Spaces - Public Art Projects

HPERM Ref: D20/437530

Section: Recreation Community & Culture

Approver: Jane Lewis, Director - City Lifestyles

Reason for Report

To seek Council’s approval to accept $349,668 (excl GST) from the Department of Planning, Industry & Environment as part of the Streets as Shared Spaces fund to undertake four (4) temporary and semi-permanent public art projects across the Shoalhaven.

Recommendation (Item to be determined under delegated authority)

That

1. Council accept the grant funding of $349,668 (excl GST) from the Streets as Shared Spaces fund and undertake works to deliver the 4 public art projects.

2. Write to Department of Planning, Industry & Environment, The Hon. Rob Stokes, Planning and Public Spaces Minister, to thank them for the grant.

Options

1. Council accept the grant of $349,668 (excl GST) awarded as part of the Streets as Shared Spaces fund.

Implications: The proposed public art projects which will support new activations and test opportunities for activation across the Shoalhaven will go ahead as proposed within the application, supporting three (3) local artists to deliver projects of note.

2. Council do not accept the funding and provide an alternate direction to staff.

Implications: The proposed public art projects will not be able to take place.

Background

The Streets as Shared Spaces program is a new grant fund developed in response to the changing use of public areas as a result of COVID. It has been designed to provide one-off grant funding to support local councils to test and pilot new and innovative ideas for safe, shared public spaces. The program seeks to build on local character, improve attractiveness of centres and public spaces, increase safe walking and cycling, and enable testing for long-term change.

$15 million was allocated for the fund across two categories. Shoalhaven City Council was successful in Category 2: Pilot Projects, which specifically listed major, semi-permanent public art that engages the cultural sector and creative industries.

Following a Councillor Briefing on the 28 May 2020, and discussion of projects to put forward in Categories 1 & 2, it was agreed that a package of public art projects across Nowra and Ulladulla should be applied for under Category 2. The four (4) public art projects across Nowra and Ulladulla were selected following this consultation with the intention to test and encourage greater activation of spaces, to engage and promote key local artists, and celebrate community and place.

The four projects are:

1) Public Art trail to activate the Bomaderry Train Station to Nowra CBD path.

a. This project is designed to enhance the walking path between the Bomaderry Train Station and Nowra CBD through the installation of sticky decals on the footpath. The decals will be reminiscent of the ‘stand here’ social distancing stickers that are placed throughout public areas but will be printed with photographs by celebrated Cambewarra artist Tamara Dean. The decals will be designed and placed in a way that encourages a ‘hunt and find’ engagement along the walk while also celebrating points of arrival.

b. The project is designed to test the activation of this space, in a way that can be used to inform future decisions about the use of the old bridge and possible future upgrades to this path.

2) Temporary activation of the Shoalhaven Entertainment Forecourt

a. This project will provide opportunity to test the activation of the SEC forecourt and bring community back to the space following a long period of closure. Temporary installations will provide a multi-function stage area, seating, landscaping elements and public art to enliven, enhance and promote the area.

b. The SEC will program a series of small local events to occur on the stage to further support local artists and performers.

3) Ulladulla wall mural

a. Following the success of the outdoor gallery / wall murals in Nowra, this project will provide opportunities for an artist with connection to the Shoalhaven to create a major wall mural that celebrates the history / community of the Milton / Ulladulla region and, along with part 4 of the projects, supports and encourages movement and flow of pedestrians throughout the CBD.

4) Ulladulla Gateway mosaic artwork

a. This project will bring members of the community together, under the direction and leadership of local artist Dóra Á. Rögnvaldsdóttir to create a significant collaborative artwork. Initially placed at an appropriate location in the northern section of Ulladulla CBD precinct, the work is designed to be readily transportable and can be relocated to different communities The work is designed to celebrate survival and resilience through disaster and bring the community together.

Where artists have been directly nominated for projects, they have been selected based on previous EOIs to Shoalhaven Arts Board grant funded projects and the feedback from the panel that these projects were ambitious and of interest but not right for the Arts Board grants. Each of the artists were consulted with prior to submitted the grant application and all have agreed to work within the confines of the grant guidelines and budgets.

Community Engagement

As per the Public Art Policy (POL16/197), community consultation on all of these projects will occur prior to design finalisation and installation. The community will also be invited to provide feedback on the projects once installed to help with evaluation of success indicators and for grant acquittal.

Consultation will take place through the ‘Get Involved’ page as the first step, we will also seek to install QR codes on signage (and wraps where installed) at each project to invite feedback via a survey style platform. Where resources permit, we will also seek to undertake quantitative date analysis through counting users / activations.

Financial Implications

The grant awarded fully funds the direct costs of these four (4) projects. Council’s contribution will be through staff resourcing to manage the projects and the grant reporting requirements.

Where required, the removal of the public art and relocation / return to the artists will also be a cost incurred by council. All public art elements will become the property of Council as part of the agreement with the artists, allowing for relocation and display as agreed following the finalisation of the projects and grant funded period.

Risk Implications

There is a financial risk associated with this grant.

1) Inability to complete projects within grant timeframe

a. Under the funding agreement, Council must complete all aspects of the grant funded projects by October 2021. Any monies unspent at that time will be returned to the department.

b. This risk will be reduced through the careful project management of the process. Three (3) of the four (4) artists required for this project are already in discussion with the Arts and Culture Manager and have contributed information and ideas for the grant proposal. The final artist will be chosen through an EOI process which will take place before the end of the year.

2) Overspend on project elements

a. No additional monies will be awarded through the grant program, so any overspend will need to be covered by Shoalhaven City Council.

b. This risk will be reduced by the careful project management of each element and developing clear agreements with each of the artists involved.

3) Requirement to return grant monies due to project variations not being approved

a. Should the projects be deemed to have varied significantly from those proposed and funded, SCC will be required to return monies spent on those elements.

b. This risk will be reduced by ensuring the projects are delivered as proposed, and that where variations are necessary due to community consultation, potential budget issues or otherwise, these variations will be discussed with the Department and a formal variation approval sought.

Strategy and Assets Committee – Tuesday 13 October 2020

Page 1

SA20.209 North Nowra Surcharge Main - Stage 1 Works

HPERM Ref: D20/403123

Section: Water Asset Planning & Development

Approver: Robert Horner, Executive Manager Shoalhaven Water

Reason for Report

To inform Council of the procurement process for upgrade of the North Nowra Surcharge Main Works over the Shoalhaven River Bridge, to be undertaken as part of the new Bridge works.

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).

Options

1. Accept the recommendation.

Implications: This is recommended as the project will address existing hydraulic capacity limitations with the existing North Nowra wastewater collection system and will cater for future growth within the North Nowra/Bomaderry areas. The replacement of the aged existing main will reduce the risk of adverse impact to the environment, public health and the local seafood industry (in the case the old main breaks or leaks into Shoalhaven River).

2. Council could elect not to accept the recommendation and continue with current status.

Implications: The risk of unplanned leaks from the existing North Nowra Surcharge Main would not be reduced, and planned growth and development of the Nowra-Bomaderry catchment could be hindered.

3. Council could choose not to accept the recommendation and select a different procurement approach, giving reasons.

Implications: This is not recommended as an extensive consultation process has been undertaken between Roads and Maritime Services (RMS), Transport for NSW and Shoalhaven Water, to ensure the works can be executed in a timely manner, without adversely impacting the current new Nowra Bridge RMS project.

Details

The Jamieson's Road Surcharge Main (JRSM) and North Nowra Surcharge Main (NNSM) (collectively referred to as the 'Surcharge Main') transport raw sewage flows from several wastewater catchments within North Nowra to the Nowra Wastewater Treatment Plant (WwTP).

Previous analyses had identified a need to upgrade the hydraulic capacity of the North Nowra wastewater collection system. The most complex component of the identified upgrades was the surcharge main crossing the Shoalhaven River Bridge. This is required to be increased in diameter from 300mm to 600mm to cater for future growth in the area. Council’s Sewerage Asset Management Plan also identifies this critical main for replacement due to its age, criticality and risk of environmental damage should it fail. Some leaks from this main have been encountered in the past, particularly at the expansion joints at the abutments of the existing (concrete) Shoalhaven River bridge. A 'do nothing' approach would result in ongoing maintenance and repair costs associated with pipeline breaks and failures.

The key objectives of the NNSM Upgrade Project are to:

• Provide infrastructure that will reduce wet weather overflows at catchment pumping stations in North Nowra by increasing the capacity of the existing system, which can now be delivered following the upgrade to the Nowra WwTP;

• Replace ageing infrastructure that is at significant risk of failure or nearing the end of its service life; and

• Support the planned growth and development of the Nowra-Bomaderry catchments.

In order to reduce the risks associated with this pipeline system, Shoalhaven Water prepared a detailed design for the staged upgrade of the NNSM, with the proposed overall strategy outlined:

1. Stage 1 Works:

a) Relining of the existing 500mm dia mild steel cement lined pipe in northern abutment (Illaroo Road);

b) Construction of new 500mm dia mild steel calcium aluminate cement lined pipe (circa 350m) with Sintakote coating across the existing concrete Nowra bridge;

c) Construction of a new part 300mm dia ductile iron epoxy lined/part 560mm dia polyethylene (PE) pipe (circa 130m) along Lyrebird Drive;

d) Connections to existing North Nowra Surcharge Main at Illaroo Road and Lyrebird Drive; and

e) Removal of existing DN300 asbestos cement (AC) pipe from the existing northbound bridge.

2. Stage 2 Works:

a) Construction of new 560mm dia PE pipe (circa 1200m) between Lyrebird Drive and the Nowra Wastewater Treatment Plant (WWTP); and

b) Connections to proposed North Nowra Surcharge Main at Lyrebird Drive and Nowra WWTP.

As part of Shoalhaven Water’s discussions with Transport for NSW in relation to the new Nowra Bridge project, it was identified that in order to ensure uninterrupted operations to the existing NNSM, Shoalhaven Water’s planned upgrades to the NNSM would need to be brought forward and coordinated with Transport for NSW’s service relocation works which commenced July 2020. To facilitate the proposed works, Shoalhaven Water met with representatives of Transport for NSW 19 May 2020.

In order to complete the works within the identified timeframe, and minimise impacts to the proposed Transport for NSW service relocation works, it was determined that a reputable Contractor should be engaged as soon as possible; with the preferred approach to incorporate the relevant NNSM Stage 1 works within the Transport for NSW’s existing service relocation works package currently being undertaken.

It is therefore proposed to directly engage Transport for NSW to procure and install the relevant NNSM Stage 1 Works for the following reasons:

1. Time and costs will be saved by not employing a competitive RFT process for the identified works;

2. Transport for NSW and their Head Contractor, Fulton Hogan Constructions Pty Ltd are managing the new bridge design and construction and have control of the site;

3. The submitted costs are considered fair and reasonable for the technical nature and extent of works proposed, demonstrating Value for Money; and

4. Council is permitted to engage Transport for NSW (without a formal tender) under Section 55 of the Local Government Act Clause 3 part (b) “a contract entered into by a council with the Crown (whether in right of the Commonwealth, New South Wales or any other State or a Territory), a Minister of the Crown or a statutory body representing the Crown.”

Should an RFT be utilised for the identified works, this approach would significantly increase the associated risk to Council delaying the delivery of the Transport for NSW service relocation and bridge construction works, as well as risk interruptions to the NNSM service itself.

Therefore, the proposed procurement of the NNSM works has been identified as follows:

1. Stage 1 Item a Relining Works: Existing engagement with Interflow Pty Ltd.

2. Stage 1 Items b, c, d and e; new surcharge main (bridge component to Lyrebird Drive): The subject of this Report, and proposed to be awarded to Transport for NSW; with works within the existing RMS project footprint.

3. Stage 2 Items a and b new surcharge main (Lyrebird Road to Nowra WWTP): To be subject to standalone Request for Tender.

Evaluation of Price

The pre-tender estimate for the project was prepared in 2015 and totalled $7,698,775.00 (excluding GST). A detailed analysis of the PTE indicates the following further breakdown by work components:

1. Stage 1 Item a Relining Works: $79,200.00 (excluding GST);

2. Stage 1 Items b, c, d and e new surcharge main (bridge component to Lyrebird Drive): $5,180,520.00 (excluding GST) and

3. Stage 2 Items a and b new surcharge main (Lyrebird Drive to Nowra WWTP): $2,439,055.00 (excluding GST).

Examination of Transport for NSW Quotation

Following a detailed analysis of the proposed Transport for NSW quotation, and subsequent clarification meetings held 8 July and 18 September 2020, the Shoalhaven Water project team concluded that the quotation amount of $4,306,036.95 GST Exclusive represents value for money and does not incorporate an unacceptable level of risk based on the detailed quotation received which clearly demonstrates a full appreciation for the required works.

The Shoalhaven Water project team also notes that the total quantum of the Transport of NSW quotation being $4,306,036.95 (excluding GST) is lower than the identified PTE ($5,180,520.00) for the associated components of the works (Stage 1 Items b, c, d and e).

Community Engagement:

Extensive community consultation has been undertaken, with both the associated Review of Environmental Factors (September 2015) and subsequent Revised Review of Environmental Factors (June 2020) exhibited.

Additional community engagement prior to and during the construction is proposed, with a dedicated project website to be established under Council’s ‘Major Projects & Works’ Portal.

Extensive consultation with Transport for NSW has been undertaken to get to this point.

Policy Implications

Procurement Policy – POL18/74 – The recommendation for this report notes that this engagement is exempt to Council’s adopted Purchasing Policy for the reasons identified within.

Financial Implications:

Adequate funds have been allocated in the sewer budget to complete the construction of the works in the 2020/21 and 2021/22 financial years.