Agenda of Strategy and Assets Committee

Minutes of the Strategy and Assets Committee

Meeting Date: Tuesday, 13 October 2020

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

Time: 5.00pm

The following members were present:

Clr John Wells - Chairperson

Clr Amanda Findley

Clr Joanna Gash

Clr Patricia White

Clr Kaye Gartner – (remotely) – left 6.53pm

Clr Nina Digiglio

Clr Annette Alldrick

Clr Andrew Guile – (remotely) – left 7.13pm

Clr Mitchell Pakes

Clr Greg Watson

Clr Mark Kitchener

Clr Bob Proudfoot

Mr Stephen Dunshea - Chief Executive Officer

Apologies / Leave of Absence

An apology was received from Clr Levett.

Confirmation of the Minutes

RESOLVED (Clr Findley / Clr Digiglio) MIN20.737

That the Minutes of the Strategy and Assets Committee held on Tuesday 08 September 2020 be confirmed.

CARRIED

Declarations of Interest

Clr Kitchener – SA20.180 - Notice of Motion - Mollymook Outrigger Canoe Club Boatshed Storage Facility Wason Street Ulladulla Harbour – Significant non pecuniary interest declaration – Will leave the room and will not take part in discussion or vote – He has close personal friends, colleagues, and other connections with the group, and a reasonable person might infer he would show the Club favouritism.

Clr Pakes – CSA20.15 - Provision of Annual Professional Beach Patrol / Lifeguarding Services - Shoalhaven Beaches - 2020/21 to 2024/25 – Less than significant pecuniary interest declaration – Will leave the room and will not take part in discussion or vote – He is President of the Nowra-Culburra Surf Life Saving Club.

Mayoral Minutes

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

HPERM Ref: D20/437891

Recommendation (Item to be determined under delegated authority)

That Council undertake a road safety audit on the main roads of Worrigee, Isa Rd, Rayleigh Drv and Old Southern Rd and report the findings back to the Shoalhaven Safety Liaison Meeting for consideration.

RESOLVED (Clr Findley / Clr Proudfoot) MIN20.738

CARRIED

Deputations and Presentations

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

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

FOR: Ian Carroll - Burrill Lake Community Association

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

FOR: Ian Carroll - Burrill Lake Community Association

Note: Clr Kitchener left the meeting at 5.07pm.

Notices of Motion / Questions on Notice

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

HPERM Ref: D20/431002

Clr Kitchener – SA20.180 - Notice of Motion - Mollymook Outrigger Canoe Club Boatshed Storage Facility Wason Street Ulladulla Harbour – Significant non pecuniary interest declaration – Left the room and did not take part in discussion or vote – He has close personal friends, colleagues, and other connections with the group, and a reasonable person might infer he would show the Club favouritism.

Recommendation

That Council:

1. Engage with committee members of the Mollymook Outrigger Canoe Club to discuss details of their proposal to construct a boatshed/storage facility on vacant land at Wason Street Ulladulla west of the Marine Rescue facility.

2. Support Mollymook Outrigger Canoe Club's application for Landowner's Consent (Crown Land NSW)

3. Receive a report from staff on the outcome of Parts 1 & 2 above with a view to Council providing funding assistance to the Mollymook Outriggers to progress the project.

RESOLVED (Clr White / Clr Watson) MIN20.739

That Council:

1. Engage with committee members of the Mollymook Outrigger Canoe Club and the wider community to discuss details of their proposal to construct a boatshed/storage facility on vacant land at Wason Street Ulladulla west of the Marine Rescue facility.

2. Support Mollymook Outrigger Canoe Club's application for Landowner's Consent (Crown Land NSW).

3. In view of the concerns of Ulladulla Fishermen’s Co-operative, the Ulladulla Community Forum and the general community, continue to investigate other sites such as the Ski Club at Kings Point (where times can be investigated), Lake Tabourie, the south-western side of Burrill Lake, and Lake Conjola, if Parts 1 and 2 prove to be difficult.

4. Receive a report from staff on the outcome of the above with a view to Council providing funding assistance to the Mollymook Outriggers to progress the project.

CARRIED

Note: Clr Kitchener returned to the meeting at 5.27pm.

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

HPERM Ref: D20/431027

Recommendation

That Council:

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

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

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

RECOMMENDATION (Clr Kitchener / Clr White)

That Council:

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

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

CARRIED

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

HPERM Ref: D20/435918

Recommendation (Item to be determined under delegated authority)

That Council provide in-principle support for the establishment of a jetty structure adjacent to the Neilson Lane Car parking area and boat ramp to be used for commercial purposes by Sussex Inlet Pontoons. This support is subject to:

1. All environmental and legal assessments

2. A development application lodged with landowners’ consent

3. Associated community consultation.

RESOLVED (Clr White / Clr Watson) MIN20.740

1. All environmental and legal assessments

2. A development application lodged with landowners’ consent

3. Associated community consultation.

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

Against: Clr Findley

CARRIED

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

HPERM Ref: D20/436851

Recommendation (Item to be determined under delegated authority)

That

1. Council's CEO (Director, City Services) meet with Mr John Bryce to discuss the possibility of a safer egress arrangement for large farm machines leaving the property.

2. Following the meeting a request be made though the Hon. Shelley Hancock MP and the Hon Gareth Ward MP for an urgent meeting with Transport NSW to discuss the possibility of an alternate traffic solution for the subject property.

RESOLVED (Clr Watson / Clr Guile) MIN20.741

That

1. Council's CEO (Director, City Services) meet with Mr John Bryce to discuss the possibility of a safer egress arrangement for large farm machines leaving the property.

2. Following the meeting with the owner, a request be made though the Hon. Shelley Hancock MP and the Hon Gareth Ward MP for an urgent meeting with Transport NSW to discuss the possibility of an alternate traffic solution for the subject property.

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

Against: Clr Findley and Clr Alldrick

CARRIED

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

HPERM Ref: D20/436882

Recommendation (Item to be determined under delegated authority)

That:

1. Council make urgent representation to Transport for NSW regarding the closure of Scenic Dr Nowra, requesting a permanent reopening of Scenic Dr Nowra because of the adverse traffic impact the closure will have on the long term planning of the precinct, including the following:

a. The residential safety in other streets feeding the area (Hyams St, Mandalay Ave, Shoalhaven St and Scenic Dr)

b. The effect the closure will have on the economics of the operation of the Nowra Aquatics Centre.

c. The ability to hold events such as the River Festival.

d. Traffic safety around the Shoalhaven Hospital.

e. The long-term redevelopment of the area for tourist and high density residential development.

f. The cost of the property acquisition and for the construction of a new access road into the precinct to overcome the effect of Transport for NSW's actions in closing Scenic Drive.

2. An urgent meeting be requested with the Hon. Shelley Hancock MP and the Hon Gareth Ward MP and the Manager of Transport for NSW, to seek a reversal of the decision if Transport for NSW decline the request.

RESOLVED (Clr Watson / Clr Gash) MIN20.742

That:

a. The residential safety in other streets feeding the area (Hyams St, Mandalay Ave, Shoalhaven St and Scenic Dr)

b. The effect the closure will have on the economics of the operation of the Nowra Aquatics Centre.

c. The ability to hold events such as the River Festival.

d. Traffic safety around the Shoalhaven Hospital.

e. The long-term redevelopment of the area for tourist and high density residential development.

f. The cost of the property acquisition and for the construction of a new access road into the precinct to overcome the effect of Transport for NSW's actions in closing Scenic Drive.

2. An urgent meeting be requested with the Hon. Shelley Hancock MP and the Hon. Gareth Ward MP and the Manager of Transport for NSW, to seek a reversal of the decision if Transport for NSW decline the request.

3. The CEO seek legal advice on the Council’s ability to challenge Transport NSW’s decision to close Scenic Drive in light of the above.

4. The CEO (Director City Services) prepare concept plans that include possible acquisition of land that would allow for the continuation of 2-way traffic into Scenic Drive.

CARRIED

Procedural Motion - Matters of Urgency

RESOLVED (Clr Findley / Clr Digiglio) MIN20.743

That an additional item - Transport for NSW - Traffic Management during Bridge Works - be introduced as a matter of urgency.

CARRIED

The Chairperson ruled the matter as urgent given the contemporaneous nature of the debate.

SA20.210 New Item – Transport for NSW - Traffic Management during Bridge Works

Recommended

That Council

1. Seek assistance from Transport for NSW to solve issues with traffic congestion in the feeder streets around Nowra that have been impacted upon with severe congestion due to the bridge build and to do so prior to Christmas 2020.

2. Request a review of traffic light phasing in and around the Nowra area.

RESOLVED (Clr Findley / Clr Proudfoot) MIN20.744

That Council

2. Request a review of traffic light phasing in and around the Nowra area.

CARRIED

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

HPERM Ref: D20/440378

Recommendation (Item to be determined under delegated authority)

That

1. Council name the canal system at Sussex Inlet the Ralph Lucas Water Ways to recognise his contribution to the area.

2. In early December 2020, a COVID-19 safe function be held at Sussex Inlet to name the canal system The Ralph Lucas Water Ways which will include the unveiling of a plaque placed in a prominent location.

PROCEDURAL Motion (Clr Gash / Clr Proudfoot)

That the MOTION be PUT.

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

Against: Clr Findley

carried

RESOLVED (Clr Watson / Clr White) MIN20.745

That

1. Council name the canal system at Sussex Inlet the Ralph Lucas Water Ways to recognise his contribution to the area.

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

Against: Clr Findley, Clr Gartner and Clr Digiglio

CARRIED

Note: Clr Proudfoot left the meeting at 6.37pm

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

HPERM Ref: D20/440392

Question

How can Transport NSW close a Council owned road without a Council Resolution authorising the closure?

Response

The following is extracted from the Roads Act. It is understood that the provisions of this act give the RMS the ability to act as they see fit without a resolution from Council.

ROADS ACT 1993 - SECT 64

RMS may exercise functions of roads authority with respect to certain roads

64 RMS may exercise functions of roads authority with respect to certain roads

(1) RMS may exercise the functions of a roads authority with respect to any classified road, whether or not it is the roads authority for that road and, in the case of a classified road, whether or not that road is a public road.

(1A) RMS may, for the purposes of the carrying out of a project approved under Part 3A, State significant development for which development consent has been granted under Part 4, or State significant infrastructure approved under Part 5.1, of the Environmental Planning and Assessment Act 1979 , exercise the functions of a roads authority with respect to any road.

(2) The roads authority for a road with respect to which RMS is exercising a particular function may not exercise its functions with respect to the road in any manner that is inconsistent with that in which the function is being exercised by RMS.

Note : See Division 5 of Part 9 as to the exercise by RMS of the functions of another roads authority in respect of certain actions undertaken on a public road for the purposes of, or incidental to, development or operation of a light rail system.

Reports

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

HPERM Ref: D20/424817

Recommendation (Item to be determined under delegated authority)

That Council

1. Support in principle the application from Sassafras and Districts Progress Association to become a Council accredited CCB.

2. Advertise the proposal for public comment.

3. Following receipt of public comment, submit a report to Council for determination.

RESOLVED (Clr White / Clr Wells) MIN20.746

That Council

1. Support in principle the application from Sassafras and Districts Progress Association to become a Council accredited CCB.

2. Advertise the proposal for public comment.

3. Following receipt of public comment, submit a report to Council for determination.

CARRIED

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

HPERM Ref: D20/436228

Recommendation

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

RECOMMENDATION (Clr Findley / Clr Wells)

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

CARRIED

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

HPERM Ref: D20/324061

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.

Note: Clr Proudfoot returned to the meeting at 6.40pm

Motion (Clr Findley / Clr Digiglio)

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:

a. Clr White

b. Clr Gash

c. Clr Digiglio

d. Clr Alldrick

5. Adopt Motions 2, 3, 4, 5 and 6 in the report for submission to the 2020 LGNSW Business Paper.

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

For: Clr Findley, Clr Gash, Clr Gartner, Clr Digiglio, Clr Alldrick and Stephen Dunshea

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

LOST

Clr Findley raised a Point of Order against Clr Pakes, stating he had said she was not to be trusted and asked that he withdraw the comment and apologise. Clr Pakes withdrew the comment but did not apologise.

Motion (Clr Watson / Clr Pakes)

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. Determine the five (5) Councillors to attend the conference as Council’s voting delegates as follows:

a. Clr Pakes

b. Clr White

c. Clr Digiglio

d. Clr Gash

e. Clr Wells

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

5. Determine any additional motions for submission at this meeting

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

PROCEDURAL Motion (Clr Watson / Clr Pakes)

That the MOTION be PUT.

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

Against: Clr Findley, Clr Gash, Clr Gartner, Clr Digiglio, Clr Alldrick and Stephen Dunshea

RESOLVED (Clr Watson / Clr Pakes) MIN20.747

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. Determine the five (5) Councillors to attend the conference as Council’s voting delegates as follows:

a. Clr Pakes

b. Clr White

c. Clr Digiglio

d. Clr Gash

e. Clr Wells

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

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

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

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

CARRIED

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

HPERM Ref: D20/403085

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.

RESOLVED (Clr White / Clr Digiglio) MIN20.748

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.

CARRIED

SA20.191 Review of the NSW Bushfire Inquiry Final Report

HPERM Ref: D20/439503

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

RESOLVED (Clr Findley / Clr Digiglio) MIN20.749

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

CARRIED

Note: Clr Gartner left the meeting at 6.53pm

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

HPERM Ref: D20/275098

Recommendation

That Council:

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

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.

RECOMMENDATION (Clr Findley / Clr Digiglio)

That Council:

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

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

CARRIED

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

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

HPERM Ref: D20/357117

RECOMMENDATION* (Clr Findley / Clr Digiglio)

That Council:

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

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

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

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

CARRIED

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

HPERM Ref: D20/379396

RECOMMENDATION* (Clr Findley / Clr Digiglio)

That Council:

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

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

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

CARRIED

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

HPERM Ref: D20/392373

RECOMMENDATION* (Clr Findley / Clr Digiglio)

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.

CARRIED

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

HPERM Ref: D20/402974

RESOLVED* (Clr Findley / Clr Digiglio) MIN20.750

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

CARRIED

SA20.197 Section 355 Management Committees - Annual Report

HPERM Ref: D20/415732

Recommendation (Item to be determined under delegated authority)

That:

1. The authorisation of the Chief Executive Officer to appoint members to Section 355 Management Committees as required be confirmed.

2. The Section 355 Management Committees listed in this report retain their delegated responsibility pursuant to Section 377 Local Government Act 1993 for the care, control and management of their facilities with authority to expend up to an amount of $5,000, consistent with the delegation.

RESOLVED (Clr Proudfoot / Clr White) MIN20.751

That:

1. The authorisation of the Chief Executive Officer to appoint members to Section 355 Management Committees as required be confirmed.

CARRIED

SA20.198 Community Development Grants Program 2019/2020 Funding

HPERM Ref: D20/324952

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.

RESOLVED (Clr Findley / Clr White) MIN20.752

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.

CARRIED

Note: Clr Guile left the meeting at 7.14pm

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

HPERM Ref: D20/60559

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.

RESOLVED (Clr Findley / Clr White) MIN20.753

That Council:

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

2. Proceed to detail design and include the Big Bowl as a separate stage subject to future funding availability.

CARRIED

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

HPERM Ref: D20/407306

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.

RESOLVED (Clr White / Clr Findley) MIN20.754

That Council:

1. Accept the petition for information.

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.

CARRIED

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

HPERM Ref: D20/437530

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.

RESOLVED (Clr Pakes / Clr White) MIN20.755

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.

CARRIED

Procedural Motion

Motion (Clr Proudfoot / Clr Gash)

That Items SA20.203 to SA20.209 be resolved en bloc.

CARRIED

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

HPERM Ref: D20/408182

Recommendation (Item to be determined under delegated authority)

That Council, after consideration of the Review of Environmental Factors (REF) for the Proposed Moss Vale Road URAs Part 1: Moss Vale Road Water Lead In project at Cambewarra, dated September 2020:

1. Determine that it is unlikely that there will be any significant environmental impact as a result of the proposed works and an Environmental Impact Statement is therefore not required for the proposed activity.

2. Adopt and implement the proposed mitigation measures and controls outlined in the REF.

RESOLVED (Clr Proudfoot / Clr Gash) MIN20.756

That Council, after consideration of the Review of Environmental Factors (REF) for the Proposed Moss Vale Road URAs Part 1: Moss Vale Road Water Lead In project at Cambewarra, dated September 2020:

2. Adopt and implement the proposed mitigation measures and controls outlined in the REF.

3. That consideration be given to finishing the works with a gravel surface.

CARRIED

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

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

HPERM Ref: D20/417042

RECOMMENDATION* (Clr Proudfoot / Clr Gash)

That:

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

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

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

CARRIED

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

HPERM Ref: D20/415840

RECOMMENDATION* (Clr Proudfoot / Clr Gash)

That

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

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

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

CARRIED

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

HPERM Ref: D20/426726

RECOMMENDATION* (Clr Proudfoot / Clr Gash)

That

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

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

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

CARRIED

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

HPERM Ref: D20/420730

RECOMMENDATION* (Clr Proudfoot / Clr Gash)

That:

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

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

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

CARRIED

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

HPERM Ref: D20/437262

RECOMMENDATION* (Clr Proudfoot / Clr Gash)

That

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

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

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

CARRIED

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

HPERM Ref: D20/426681

RECOMMENDATION* (Clr Proudfoot / Clr Gash)

That

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

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

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

CARRIED

SA20.209 North Nowra Surcharge Main - Stage 1 Works

HPERM Ref: D20/403123

RECOMMENDATION* (Clr Proudfoot / Clr Gash)

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).

CARRIED

Note: Clr Findley left the meeting at 7.31pm

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 Findley / Clr Wells) MIN20.757

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.

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

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

Note: Clr Pakes left the meeting at 7.32pm

Note: Clr Findley returned to the meeting at 7.32pm

The meeting moved into confidential the time being 7.32.

The meeting moved into open session, the time being 7.38.

There being no further business, the meeting concluded, the time being 7.38.

Clr Wells

CHAIRPERSON

Strategy and Assets Committee – Tuesday 10 November 2020

Page 1

SA20.215 DPOP 2020-21 - Quarterly Performance and Budget Report (July-September)

HPERM Ref: D20/459982

Section: Corporate Performance & Reporting

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Quarterly Perfromance Report 2020/21 - (July to September) (under separate cover) ⇨

2. Quarterly Budget Report - September 2020 (under separate cover) ⇨

Reason for Report

This report outlines Quarter 1 performance (July to September 2020) against actions and targets set in Council’s 2020-21 Delivery Program and Operational Plan. Also, in accordance with Regulation 203(1) of the Local Government (General) Regulation (2005), the responsible accounting officer must prepare and submit to Council a budget review statement after the end of each quarter.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Receive the September Quarterly Performance Report on the 2017-2022 Delivery Program and 2020-2021 Operational Plan and publish on Council’s website.

2. Receive the September Quarterly Budget Review Report.

3. Adopt the budget adjustments as outlined in the September Quarterly Budget Review document.

Options

1. Adopt the recommendation

Implications: Nil

2. Adopt an alternate recommendation

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

Background

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

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

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

The September 2020 Quarterly Budget Report includes an analysis of the year to date result and the reasons for any major variances from the adopted Budget. The report also provides budgetary details for each fund and group – along with commentary on progress against the budget. Any proposed changes to the budget are included in the attached September Quarterly Budget Report.

Summary of DPOP Performance

The following performance has been measured on 30 September 2020 across each of the key themes outlined in the Community Strategic Plan - Shoalhaven 2027.

Theme	Progress snapshot
Resilient, safe, and inclusive communities	89% actions on track or completed
Sustainable, liveable environments	86% actions on track or completed
Prosperous communities	100% actions on track or completed
Responsible governance	93% actions on track or completed

Key Highlights

Council has been consistently delivering a range of services, projects and activities which work towards achieving the 10 priority goals outlined in Council’s Delivery Program 2017-22. Performance comments are provided in the report against each of the 156 actions and related targets in Council’s 2020-21 Operational Plan.

The complete quarterly performance report is included as Attachment 1.

Significant achievements during July and September include:

· Draft concept design for the new Bay & Basin Skate Park completed.

· Completed the Accessible Adult Change Facility at Ulladulla Leisure Centre.

· Supported the Shoalhaven Youth Week program of 9 events ranging from sporting taster sessions, youth markets and art workshops for young people with a disability.

· The Recovery Hotline continues to offer referral and support to bushfire and flood affected communities.

· Virtual visits to libraries over the quarter up 100% to 184,858.

· 552 Businesses utilising recovery support programs.

· Won the 2020 Local Government NSW Excellence in the Environment award in the ‘Towards Net-Zero Emissions’ category.

· Completed the Nowra Sails project on the Shoalhaven River.

· Improvement in Development Applications processing time with 63% in 40 days.

· 5 industrial blocks at Woollamia Stage 5 sold on registration.

· Tourist phone inquiries to Council Visitor Centres increased by 190% to 2,000 more calls received compared to same period last year.

· Holiday Haven Parks achieved a 60% increase in site occupancy and 34% increase in cabin occupancy compared to the same period last year.

· During the last flooding event a Road Closures map was designed, built and made available to the community in under 2 hours with over 44,000 pageviews on a single day.

· Shoalhaven Water Fisherman’s Paradise bushfire damaged Reservoir being re-painted. Replacement of bushfire damaged pumping stations underway.

· Shoalhaven Water remains in the top 10% most affordable water utilities.

· New Illaroo Road roundabout construction started as part of the Far North Collector Road project.

· Successful in advocating for additional public infrastructure funding packages totalling $5.16M including Currarong Road upgrade including four new roundabouts.

Additional Operational Plan Actions arising from Notices of Motion

Between 1 July and 13 October 2020, Council has endorsed 41 Notices of Motion (NoM) which can be categorised as follows:

· 27 NoMs relate to information, donations / community support, maintenance / traffic requests, advocacy or Development Application call-ins and covered in business as usual operations.

· 14 NoMs relate to projects that may require additional resources being added to the existing Operational Plan 2020-21. These Actions can be further categorised into the following areas:

o Strategic Planning Works Program (2)

o Infrastructure Upgrades (5)

o Infrastructure Upgrades – Non Council (2)

o Forward Planning (4)

As requested by the Assets and Strategy Committee (MIN20.558 – SA20.151 – August 2020), $665,780 of funding has been allocated for the pavement treatment and associated vegetation management along the Shoalhaven leg of the L’Etape Australia 2020. This project is funded by the savings that have been identified during September budget review ($116k) and rephasing of other capital projects. As such, this reallocation of funding will have no impact on the net budget movement. Management is in process of reviewing the timing of the capital works program and further updates will be provide in the December Quarterly Review.

Further, $75,417 of funding will be allocated for additional two weeks of beach patrol services as resolved by the Council on November 3, 2020. It is anticipated that this expenditure can be offset by savings identified across the organisation. The funding strategy will be reported to the Council in the December Quarterly Review.

Assessment of Financial Reporting Framework and Quarterly Budget results Overview

In the light of recent news of the financial difficulties at Central Coast Council, management performed a critical assessment of SCC’s financial reporting practices and is comfortable that current investments and budget reporting practices of Shoalhaven City Council are in line with industry best practices and ensure that the Councillors and community receive timely and accurate updates on the financial health of the Council.

Listed below are prudent budgeting and reporting practices that Shoalhaven City Council follows that it appears that may have been deficient at Central Coast Council:

· Disclosure of unrestricted cash balance in monthly Investment Report

· Investment Report is prepared on a timely basis and discloses actual restricted funds balances rather than estimates

· Water and Sewer funds balances are restricted on a consolidated basis and are excluded from the unrestricted cash balance reported.

· Delivery Program and Operational Plan and Quarterly Budget Reports disclose the financial position of each of the funds (Water, Sewer, and General) separately.

· Management ensures that the annual budget of the Council is a balanced budget which means that the budgeted general fund operational and capital expenditures do not exceed the general revenue and available internal and external restrictions of the Council and conforms to the requirement for generally no cash deficit budgeting. It is noted however that Council’s adoption of the 2.6% rate pegging increase for 2020/21 rather than the draft budgeted 3.4% rate increase resulted in Council adopting a $619K cash deficit budget for 2020/21.

Management also engaged an external specialist in Local Government financial management, Mr Dennis Banicevic (ex PwC auditor with years of experience in Local Government advisory), to assist in the preparation of a new Liquidity Contingency Plan and to perform an independent assessment of financial reporting practices of Shoalhaven City Council. Discussions indicate that Council’s financial reporting practices are based on the principles of prudent financial management and fiscal discipline.

It is proposed that the Draft Liquidity Contingency Plan will be presented to the Strategy and Assets Committee in December, following initial consideration of the Draft Plan by Council’s Audit Risk and Improvement Committee at its upcoming meeting.

The September budget results indicate that the Council continues to function effectively under changing COVID-19 restrictions with the operating expenditures being below the budget in the first quarter of the year. While some of the Council facilities such as the Entertainment Centre, public halls, Swim and Fitness remain closed or operate below capacity, the easing of restrictions had a positive impact on Council revenue from the tourist parks and overall, the financial result for the first quarter of 2020/21 is in line with the current budget.

The Council continues to maintain a healthy level of restricted cash ($9,614K) and working capital ($6,197K). The working capital position of the General Fund as of September 30, 2020, is 12% of the current liabilities above the benchmark of 10%:

Description		(‘000)
Add	Current Asset	73,642
Less	Current Liabilities	52,858
Calc	Net Current Asset	20,784
Less	External restrictions	12,020
Less	Internal restrictions	43,255
Add	Provisions (Liabilities not expected to settle in 12 months)	33,830
Add	Internal restriction (Loan)	1,862
Add	Internal restrictions (Grants)	2,163
Add	Internal restrictions (Deposit and Bonds)	2,833
Calc	Available working capital	6,197
Calc	Working Capital as a % of Current Liabilities	12%

Financial Impact of COVID-19 Financial Relief Measures

To assist local residents during unprecedented times of the COVID-19 pandemic and to support the recovery of the region, Council has endorsed an extensive Financial Relief Package. The financial impact of various financial assistance measures on year to date budget results is summarised below.

Type of Financial Assistance	Amount ($’000)
DA fees waivered	168
Rent reduction – initial report July to September	145
Rent reduction – additional to January	15
S64 subsidy	71
Total	399

General Fund Budget and Quarterly Review Movements

As referenced earlier, Council did adopt an unrestricted cash deficit budget of $619K for 2020/21. The September QR adjustments results in a $68K decrease, due to the funding of Council Resolutions, resulting in a current forecast cash deficit of $687K to 30 June 2021. Savings, and/or improved revenue streams are required to be identified in future quarterly reviews to fund this deficit.

The net operating result before capital grants and contributions of the General Fund as at the September 2020 QBR was a surplus of $73.3M – being a $1.36M favourable variance to the year to date adopted budget of $72M surplus. This is 2% favourable year to date variance, largely driven by higher than expected income from Holiday Haven and unspent operational and maintenance costs due to timing expectation of the expenditure.

The 2020/21 current budget adopted by Council forecasted an operating deficit before Capital Grants and Contributions of $2.7M, and a reduction in cash and investments of $29.6M.

The following table presents a high-level summary of the budget and movements for the General Fund for 2020/21.

$'000 Favourable / (Unfavourable)	Original Budget	Current Adopted Budget	September QR Adjustments	September QR Proposed Budget	September Actuals
Unrestricted Cash Movement	(619)	(619)	(68)	(687)	2,489
Operating Result	42,432	42,432	2,262	44,694	74,888
Operating Result before Capital Grants and Contributions	(2,749)	(2,749)	(164)	(2,913)	73,332
Net Total Cash & Investments Movement	(29,616)	(29,616)	(237)	(29,853)	1,236

The main contributing factor for the change to the operating result is an increase in the forecast for capital grants ($2.4M), with the main one being for Currarong Road.

September Quarterly Review adjustments resulted in unfavourable Net Cash and Investments Movement of $237K. This is due to budgeting for additional expenditures funded from reserves such as Industrial Land, Insurance, and Grant reserves and restricting $70k of the general fund for the maintenance of fenced dog off-leash area (Council Resolution CL20.180).

The commentary on the recommended changes can be found in September 2020 Quarterly Budget Report presented as Attachment 2.

Water Fund Budget and Quarterly Review Movements

The net operating result before capital revenue of the Water Fund is a $276K deficit when comparing to the year-to-date budgeted deficit of $239K. The main reason for unfavourable variance of $41K is additional employee costs associated with disaster recovery.

$'000 Favourable / (Unfavourable)	Original Budget	Current Adopted Budget	September QR Adjustments	September QR Proposed Budget	September Actuals
Operating Result	2,769	2,769	109	2,878	85
Operating Result before Capital Grants and Contributions	(1,081)	(1,081)	109	(972)	(276)
Net Cash & Investments Movement	(13,265)	(13,265)	94	(13,171)	(1,922)

The main proposed budget adjustment relates to a $200K increase in user fees and charges (favourable) which was partially offset by increase in internal expenditures (unfavourable).

September Quarterly Budget Review adjustments resulted in favourable Net Cash and Investments Movement of $94K.

Sewer Fund Budget and Quarterly Review Movements

The net operating result before capital revenue of the Sewer Fund was $3.3M (surplus), a $1.1M favourable variance comparing to the budgeted year to date surplus of $2.2M. This is principally due to under expenditure, in particular materials and contracts and additional income received.

Detailed explanations of the key variances for both the quarter and the full year forecast result are outlined in the September 2020 Quarterly Budget Report presented as Attachment 2.

$'000 Favourable / (Unfavourable)	Original Budget	Current Adopted Budget	September QR Adjustments	September QR Proposed Budget	September Actuals
Operating Result	7,698	7,698	1,349	9,047	3,705
Operating Result before Capital Grants and Contributions	5,648	5,648	1,349	6,997	3,314
Net Cash & Investments Movement	(13,661)	(13,661)	50	(13,611)	(1,443)

The main proposed budget adjustment relates to a $1.3M decrease in depreciation and a $50K increase in interest income.

Favourable adjustment to Net Cash and Investments Movement is proposed to reflect an increase in interest income for the year.

Communications

The full performance report will be available on the Council’s website with a link promoted through Council’s weekly newsletter. A range of other communications techniques will also be used to communicate the outcomes of the report including performance highlights across the Council’s social media platforms.

Strategy and Assets Committee – Tuesday 10 November 2020

Page 1

SA20.216 Proposed Submission - Multiple Aboriginal Land Claims - Shoalhaven Heads, Culburra Beach (Crookhaven Headland), Huskisson and Kioloa

HPERM Ref: D20/452365

Section: Strategic Planning

Approver: Robert Domm, Director - City Futures

Attachments: 1. Request for Information - Multiple Aboriginal Land Claims - Shoalhaven Heads - Culburra Beach (Crookhaven Headland) - Huskisson - Kioloa (under separate cover) ⇨

Reason for Report

Obtain endorsement for a proposed response to multiple Aboriginal Land Claims (ALCs) at Shoalhaven Heads, Culburra Beach (Crookhaven Headland), Huskisson and Kioloa, which are currently being investigated for determination by the NSW Government.

Recommendation (Item to be determined under delegated authority)

That Council:

1. Notify the NSW Department of Planning, Industry & Environment – Crown Lands Aboriginal Land Claims Assessment Team (ALCAT) that Council:

a. Raises no objections to Aboriginal Land Claim (ALC) Number 37806, Part Claim 42448 and Part Claim 42479 over Lot 2 DP 704667, 134 Scott Street, Shoalhaven Heads.

b. Does not support Part ALC Numbers 42454 and 42493 over two Part-Lots 34 DP 755971 and Lot 7004 DP 1059066, Prince Edward Avenue, Culburra Beach (Crookhaven Headland), because at the date of claim lodgement:

i. The land was lawfully used and occupied for its Reserve Purpose of ‘Public Recreation’ and ‘Community Purposes’ and contained infrastructure to support this use.

ii. The land was needed for an essential public purpose, being the Shoalhaven Marine Rescue, and contained infrastructure to support this use.

iii. Part of the land was leased to Marine Rescue NSW to support this essential public purpose.

c. Does not support Part ALC Numbers 42448, 42454, 42479 and 42493 over Huskisson Marine Rescue site, Voyager Memorial Park and White Sands Park, Huskisson (Lot 7012 DP 1021163, Lot 1 DP 209436, Lot 1 DP 209435, two Part-Lots 7010 DP 1076858), because at the date of claim lodgement:

i. The land was lawfully used and occupied for its Reserve Purpose of ‘Public Recreation’ and contained significant public infrastructure to support this use.

ii. The land was needed for an essential public purpose (multiple uses).

iii. Part of the land was leased or licenced in accordance with its Reserve Purpose.

d. Does not support Part ALC Numbers 42454 and 42487 over Lot 34 DP 755941, Lot 7009 DP 1020455 and Lot 7304 DP 1143028, Kioloa Marine Rescue site, because at the date of claim lodgement:

i. The land was lawfully used and occupied for its Reserve Purpose of ‘Public Recreation’ and contained infrastructure to support this use.

ii. The land was needed for an essential public purpose, being the Kioloa Marine Rescue and associated marine infrastructure.

iii. Part of the land was leased to Marine Rescue NSW to support this essential public purpose.

2. Provide any necessary documents and evidence to the ALCAT to support this position.

Options

1. Council notify the NSW Department of Planning, Industry & Environment (DPIE) – Crown Lands Aboriginal Land Claims Assessment Team (ALCAT) that it has no objections to the claims over land at 134 Scott Street, Shoalhaven Heads (being ALC Nos. 37806 and Part Claims 42448 and 42479).

However, Council does not support the claims over land at Prince Edward Ave, Culburra Beach (Crookhaven Headland), Huskisson (Marine Rescue, Voyager Memorial Park and White Sands Park) and Kioloa Marine Rescue site (being Part ALC Nos. 42448, 42454, 42479, 42487 and 42493) because, at the date of claim lodgement, this land was being lawfully used and occupied, and was needed for an essential public purpose.

Implications: This is the preferred option, as it will ensure that Council provides all the necessary information to the ALCAT to assist them with the determination of these claims. This option also alerts the ALCAT to the significant amount of Council infrastructure that is located on the Culburra Beach (Crookhaven Headland), Huskisson and Kioloa Marine Rescue sites to ensure that this infrastructure remains the responsibility of Council.

2. Provide alternative advice to the ALCAT as alternately resolved 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 ALCAT about the status of the land at the date the claims were lodged.

Background

Council has recently received advice that multiple ALCs throughout the Local Government Area (LGA) are currently under investigation for determination. The recent increase in requests for information is in response to the ALCAT receiving additional resources to help process the substantial backlog of land claims throughout NSW, which is generally welcomed and supported.

The current claims under assessment relate to the following areas/properties:

· 134 Scott Street, Shoalhaven Heads;

· Culburra Beach (Crookhaven Headland) – Public Reserve, Marine Rescue and Lighthouse complex;

· Huskisson Marine Rescue, Voyager Memorial Park and White Sands Park; and

· Kioloa Marine Rescue site.

More detail on each of these areas/properties is provided below.

Council has now been asked to provide comment on the claims (see Attachment 1) and 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 18 November 2020 has been granted to respond to the claims to enable the matter to be reported for consideration.

Subject Land

Area 1: 134 Scott Street, Shoalhaven Heads (Lot 2 DP 704667)

Vacant lot on the corner of Scott Street and Booner Drive, as shown in Figure 1 below. The 1,6263m² site is bounded to the north by medium density unit developments, to the east by privately-owned vacant land, to the south by a large parcel of heavily vegetated, privately-owned vacant land, and to the west by St Peter’s Anglican Church and grounds.

Figure 1: 134 Scott Street, Shoalhaven Heads (Area 1) - aerial image and map of the claim area.

The subject land is currently zoned R3 Medium Density Residential under Shoalhaven Local Environmental Plan (SLEP) 2014 (Figure 2). The site has a Crown Reserve purpose of ‘Future Public Requirements’, which was gazetted on 29 June 2007. Council is not trust Manager for the site.

Figure 2: Land zone map of the subject site (134 Scott Street – Area 1) and surrounding land.

Area 2: Prince Edward Avenue, Culburra Beach (Crookhaven Headland) – Public Reserve, Marine Rescue and Lighthouse Complex (Two Part-Lots 34 DP 755971 and Lot 7004 DP 1059066)

The subject land is located on the northern headland of Culburra Beach at the mouth of the Crookhaven River, as shown in Figure 3 below. The overall site measures approximately 13.15ha and is bordered to the south by a Crown public reserve and the Holiday Haven Culburra Beach Tourist Park.

Figure 3: Culburra Beach (Crookhaven Headland) (Area 2) - aerial image and map of the claim area.

The subject land is zoned part RE1 Public Recreation and part SP2 Infrastructure (Navigation and Emergency Response Facilities) under the provisions of the SLEP 2014 (Figure 4). The land has a range of Crown Reserve purposes, as follows:

· Part Lot 34 DP 755971 - Reserve D580073: Public Recreation. Addition to reserve gazetted 16 March 1973.

· Part Lot 34 DP 755971 - Reserve R180073: Community Purposes. Gazetted 9 August 1996.

· Lot 7004 DP 1059066 - Reserve R85167: Lighthouse and Signal Station. Gazetted 8 January 1965.

Council is Reserve Trust Manager for the two Part-Lots 34, being the broader public reserve and Marine Rescue / Pilot Station site. Council is not responsible for the management of the Crookhaven Heads Lighthouse, nor the land on which it is located (Lot 7004).

Figure 4: Land zone map of the Culburra Beach Crookhaven Headland (Area 2) and surrounding land.

Area 3: Huskisson Marine Rescue, Voyager Memorial Park and White Sands Park (Lot 7012 DP 1021163, Lot 1 DP 209436, Lot 1 DP 209435, two Part-Lots 7010 DP 1076858)

The subject land is part of the foreshore reserves of Jervis Bay and Currambene Creek, adjacent to the Huskisson town centre. It comprises the areas of the Huskisson Marine Rescue station, Voyager Memorial Park, White Sands Park and wharf foreshore (Figure 5).

Figure 5: Huskisson Marine Rescue, Voyager Memorial Park and White Sands Park (Area 3) - aerial image and map of the claim area.

The subject land has an area of approximately 4.35ha and is zoned RE1 Public Recreation and SP2 Infrastructure (Wharf) under the provisions of the SLEP 2014 (Figure 6). Most of the lots have a Crown Reserve Purpose of ‘Public Recreation’ (and other purposes), which was initially gazetted in 1934 and then later expanded in 1979 and 1986. The extent of this public reserve, now known as the Huskisson Reserve Trust (R654558) is outlined in blue above, with Council being responsible for the management of the land and its assets. A small portion of the subject land, being the smaller of Part Lot 7010 DP 1076858 (outlined in green, above), is not managed by Council. It is understood that this portion has a Crown Reserve Purpose of ‘Future Public Requirements’ and is managed by Crown Lands.

Figure 6: Land zone map of the subject land at Huskisson (Area 3) and surrounding lots.

Area 4: Kioloa Marine Rescue Site (Lot 34 DP 755941, Lot 7009 DP 1020455, and Lot 7304 DP 1143028)

The subject land is located at the southern end of Kioloa Beach towards O’Hara Head Reserve (Figure 7). The land covers an area of approximately 6,320m² and is bounded to the north by Kioloa Beach, and to the east, south and west by vacant, heavily vegetated Crown Land that is used for passive recreation.

Figure 7: Kioloa Marine Rescue site (Area 4) - aerial image and map of the claim area.

The subject land is zoned RE1 Public Recreation under the provisions of the SLEP 2014 (Figure 8). It has a Crown Reserve Purpose of ‘Public Recreation’ (O’Hara Head Reserve Trust (R75773)), which was gazetted on 24 April 1953. Council is Trust Manager for the land.

Figure 8: Land zone map of the Kioloa Marine Rescue site (Area 4) and surrounding lots.

Overview – Known Interests and Infrastructure

Area 1: Shoalhaven Heads

As noted, Council is not the Trust Manager for the site and is not responsible for its ongoing maintenance or management.

There are no Council-owned assets on this site that support its use for the Crown Reserve Purpose of ‘Future Public Requirements’. The land is not currently lawfully used or occupied, nor is it considered that the land is needed, or likely to be needed for an essential public purpose.

Thus, it is considered that Council does not have any interests in this land.

Area 2: Culburra Beach (Crookhaven Headland)

As noted, Council is Trust Manager for the two Part-Lots 34 DP 755971, which have a Crown Reserve Purpose of ‘Public Recreation’ and ‘Community Purposes’.

There are a number of Council-owned and managed facilities on the land to facilitate its use for this purpose, including:

· Shoalhaven Marine Rescue Building (and associated outbuildings) – leased to Marine Rescue NSW

· Pilot Station Building

· Bushcare Community Nursery (and associated outbuildings, water tanks, etc.)

· Crookhaven Lighthouse walking tracks and viewing platforms

· Picnic tables and benches

· Pedestrian beach access tracks

Council also has some essential infrastructure assets over the land, including:

· Access road (continuation of Prince Edward Ave), roundabout and car park

· Reticulated water main (approximately 320m in length)

It is noted that Council is not responsible for the management of the former Crookhaven Lighthouse site, nor the land on which it is located (Lot 7004). While there has been some previous community interest in the restoration / preservation of the lighthouse, the responsibility for the maintenance and conservation of the building and the land technically rests with Crown Lands. Lot 7004 does, however, contain portions of the walking tracks that connect to the broader track network on the adjoining Council-managed land. These portions of the track are necessary for enabling community access to the viewing platforms and walking tracks beyond the lighthouse, which is consistent with the broader Reserve Purpose of ‘Public Recreation’.

It is considered that Council has substantial interests in the subject land to support its lawful use and occupation and its use for a range of essential public purposes.

Area 3: Huskisson

As noted earlier, the majority of the subject land is managed by Council and has a principal Crown Reserve Purpose of ‘Public Recreation’ (along with other gazetted purposes). The land contains a significant amount of infrastructure to facilitate its use for this purpose, including:

· Huskisson Marine Rescue Building (including lifeguard patrol and public amenities)

· Huskisson Sea Pool Complex

· Wharf and boating facilities

· Voyager Park Memorial

· Playground equipment

· Public amenities building

· Barbecue facilities

· Footpaths / shared pathways / bike racks

· Foreshore pedestrian access paths and viewing platforms

Council also has many essential infrastructure assets over the land, including:

· Foreshore protection (seawalls)

· Stormwater infrastructure (drainage lines and nodes)

· Shoalhaven Water infrastructure (pumping stations, water connection points, sewer lines and manholes)

· Roads and car parks

There are also several leases and licences issued to emergency service providers and businesses who operate from the subject land, including Marine Rescue NSW and tourism providers who utilise the wharf and boating facilities along the foreshore.

Thus, it is considered that Council has substantial interests in the land to support its lawful use and occupation and its use for a range of essential public purposes.

Area 4: Kioloa

As noted earlier, the subject land is managed by Council and has a Crown Reserve Purpose of ‘Public Recreation’. There are some Council-owned and managed infrastructure assets on the land that support its use for this purpose, including:

· Kioloa Marine Rescue Building (including public amenities) – leased to Marine Rescue NSW.

· Picnic tables and shade structures

· O’Hara Headland Walking Track

Council also has essential infrastructure on the land, including:

· Road and car park

· Foreshore protection works (seawall)

· Part of the Scerri Drive Boat Ramp.

It is considered that Council has substantial interests in the subject land to support its lawful use and occupation, and its use for a range of essential public purposes.

Summary/Conclusion – Assessment of Claims

The four areas noted in this report are subject to multiple land claims which are now under investigation for determination by the ALCAT, most of which form part of the ‘bulk / blanket’ claims that were lodged by the NSW Aboriginal Land Council in December 2016. A summary of each of the claims in relation to the subject land is provided below:

ALC No. 37806

Lodged by Jerrinja Local Aboriginal Land Council on 11 December 2014 over 134 Scott Street, Shoalhaven Heads. At the date of claim lodgement, Council was not responsible for the management of the land and did not hold any interests in the land. It is therefore recommended that Council not object to this claim.

ALC Nos. 42448 and 42479

Lodged on 15 and 19 December 2016, respectively, as part of the ‘bulk / blanket’ claims and are currently being investigated over 134 Scott Street, Shoalhaven Heads and Huskisson Currambene Creek Foreshore (outlined in green in Figure 5) (Part Lot 7010 DP 1076858).

Again in relation to the site at Shoalhaven Heads, it is considered that Council did not have any interest in the land at the date of claim lodgement and is therefore recommended that Council not object to this component of these claims.

In relation to the site at Huskisson, at the date of claim lodgement Council was not Trust Manager for the site; however it is understood that a licencing agreement may have been in place between Crown Lands and a private business owner to facilitate the lawful use of the site for wharf and boating facilities. There was also some essential Council infrastructure on the site for the purposes of stormwater drainage. Thus, it is recommended that, in relation to that part of the claims that affects Part Lot 7010 DP 1076858 at Huskisson, Council not support these claims because, at the date of claim lodgement, the land was lawfully used and occupied and needed for an essential public purpose.

ALC No. 42454

Lodged 15 December 2016 as part of the ‘bulk / blanket’ claims and is currently being investigated over the Culburra Beach (Crookhaven Headland) (two Part-Lots 34 DP 755971 and Lot 7004 DP 1059066), Huskisson Marine Rescue, Voyager Memorial Park and White Sands Park) (Part Lot 7010 DP 1076858, Lot 7012 DP 1021163, Lot 1 DP 209435 and Lot 1 DP 209436), and Kioloa Marine Rescue site (Lot 34 DP 755941, Lot 7009 DP 1020455 and Lot 7304 DP 1140328).

In relation to all three sites / areas, it is considered that, at the date of claim lodgement, Council held considerable interests in the land and can verify that the land was lawfully used and occupied, and needed for an essential public purpose. Thus, it is recommended that Council not support ALC No. 42454 over the subject land at Culburra Beach (Crookhaven Headland), Huskisson, and Kioloa.

ALC No. 42487

Lodged on 19 December 2016 as part of the ‘bulk / blanket’ claims and is currently being investigated over the Kioloa Marine Rescue site (Lot 34 DP 755941, Lot 7009 DP 1020455, and Lot 7304 DP 1143028).

At the date of claim lodgement, the land was managed by Council and contained a considerable amount of public infrastructure to support its Reserve Purpose of ‘Public Recreation’. The land was also required for an essential public purpose and contained infrastructure to support this purpose. Thus, it is recommended that Council not support ALC No. 42487 over the subject land at Kioloa.

ALC No. 42493

Lodged on 19 December 2016 as part of the ‘bulk / blanket’ claims and is currently being investigated over the Culburra Beach (Crookhaven Headland) (two Part-Lots 34 DP 755971 and Lot 7004 DP 1059066) and Huskisson Marine Rescue, Voyager Memorial Park and White Sands Park (Part Lot 7010 DP 1076858, Lot 7012 DP 1021163, Lot 1 DP 209435 and Lot 1 DP 209436).

As noted in the consideration of ALC No. 42454 above, at the date of claim lodgement, Council held considerable interests in the land and can verify that the land was lawfully used and occupied and needed for an essential public purpose. Thus, it is recommended that Council not support ALC No. 42493 over the subject land at Culburra Beach (Crookhaven Headland) and Huskisson.

Policy Implications

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

Should the claims be granted, there may be a requirement to update some of Council’s Plans of Management to reflect the change in land tenure. There will be no policy implications for Council should the claims be refused.

Financial Implications

There are no direct financial implications in providing this advice to the ALCAT. Should the claims over Culburra Beach (Crookhaven Headland), Huskisson and Kioloa be refused, Council will continue to be Trust Manager and have the responsibility of maintaining the land and any of its associated infrastructure (with the exception of Lot 7004 DP 1059066 (Crookhaven Heads Lighthouse), and Part Lot 7010 DP 1076858 at the Huskisson Currambene Creek foreshore).

Should the claims be granted subject to the creation of easements to protect existing Council assets, it is anticipated that any costs associated with the survey and creation of these easements will be met by Crown Lands or the benefitting land council.

Any ongoing costs associated with the maintenance of existing infrastructure will continue to be met by Council for the foreseeable future, as per existing arrangements with Crown Lands.

Risk Implications

There is no risk to Council in providing this information as it ensures that all relevant information is made available to the ALCAT to assist in determining the claims.

Should the claims at Culburra Beach (Crookhaven Headland), Huskisson and Kioloa be refused, the public will continue to have access to this land, and it can continue to be used for its gazetted Reserve Purpose.

Should the claims at Culburra Beach (Crookhaven Headland), Huskisson and Kioloa be granted subject to the exclusion of certain land or the creation of easements, Council will continue to gain access to existing assets and infrastructure, and the public will still be able to make use of this infrastructure; however, access to the remainder of the land may be prohibited should it be transferred into private ownership.

Strategy and Assets Committee – Tuesday 10 November 2020

Page 1

SA20.219 Bushfire Local Economy Recovery Fund - project nominations

HPERM Ref: D20/481406

Section: Economic Development

Approver: Robert Domm, Director - City Futures

Reason for Report

The Bushfire Local Economy Fund has been made available to recreate and sustain the economies of bushfire affected communities and Council needs to identify projects to submit for consideration.

Recommendation (Item to be determined under delegated authority)

That

1. Council endorse the following projects to be submitted as applications to the Bushfire Local Economy Recovery (BLER) Fund and the Council contributions be also endorsed:

a. Materials Recovery Centre, West Nowra

i. Council contribution = $13,000,000

b. Additional REMS dam, Coonamia

i. Council contribution = $7,000,000

c. Livestock yard holding improvements @ 4 Showgrounds

d. Remediate former Ulladulla STP site for Employment Land development

i. Council contribution = $2,500,000

e. Bawley Pt / Kioloa Energy Hub

f. Huskisson Boardwalk refurbishment

g. Sanctuary Point Employment Land

i. Council contribution = $3,000,000

h. Underground power to Bamarang water facilities

i. Conjola Park Regional Boat Ramp

j. Sussex Inlet Employment Lands – Water & Sewerage extension

k. Citywide K&G renewal program

l. Lake Conjola Entrance Rd – new SUP Bridge

m. Inground Water tanks in APZs

i. Council contribution $260,000

n. Shoalhaven Water Recovery & Resilience Project (Generators)

i. Council contribution = $250,000

o. Construct new RFS Station at Conjola

p. Construct new RFS Station at Manyana

q. SCC Development Assessment Personnel (Temporary)

r. Worrigee Cemetery APZ & Asset protection

s. Shoalhaven Heads Boat Ramp

t. Low-cost sealing of Prosperity Rd, Sth Nowra

u. Additional generators & PV @ telecommunications sites

i. Council contribution = $150,000

2. Council contributions for the BLER projects, totalling $4.05M, will be sourced from a combination of internal borrowing from reserves and future capital budget allocations over the period 2020/21 to 2021/22

3. The Chief Executive Officer be authorised to sign and execute any deeds or documents for any successful projects from the Bushfire Local Economic Recovery Fund

Options

1. Adopt the recommendation as printed

Implications: provides the necessary endorsement required that needs to be included within the application process

2. Propose a modification to the recommendation for consideration

Implications: Provided that the integrity of the resolution is intact do be included in each application then this should not impact on the printed resolution. If there is a major deviation from the printed resolution, then the endorsement of Council to each and every application could be jeopardised.

3. Not adopt the recommendation

Implications: Council would potentially miss out on grant funds to undertake projects to stimulate economic recovery with Shoalhaven

Background

The Bushfire Local Economy Recovery Fund is a $250 million fund established jointly by the Australian and NSW Governments to stimulate and sustain business, employment and economic recovery within bushfire affected communities.

This grant funding program is competitive and each project will be assessed independently.

The objective of the Bushfire Local Economic Recovery Fund (BLER Fund) is to support economic and social recovery at a local and regional level in areas impacted by the 2019- 2020 bushfires. The BLER Fund will support job retention and job creation in these regions, strengthen community resilience and reduce the impact of future natural disasters. The ajority of funding should be committed to the areas most impacted by the fires. Forty-seven (47) NSW councils are eligible for a share of the $250million, including Shoalhaven. Funding will be prioritised to support applications from areas most impacted by bushfires.

Projects must be able to commence within six months of the funding deed being executed by the Department and be completed by 30 June 2022.

Projects must either:

· improve community resilience to future natural disasters

· reduce future disaster risks

· provide ongoing facilities for community use

· provide community services

· provide economic benefit for the area

· create sustained employment opportunities.

Applications must:

· Have strategic alignment with national, state, regional and local policies for example National Disaster Risk Reduction Framework, National Strategy for Disaster Resilience, State Recovery Plan, REDS, Regional Recovery Plan, relevant Local Govt strategies

· Have local support and engagement

· Have potential for local employment including indigenous employment (letters of support, meeting minutes)

· Have long-term Benefit i.e. deliver an ongoing, sustainable benefit for the community

· Have no planning impediments and be feasible within the timeframe

Other factors may also be considered in the BLER assessment, including, but not limited to:

· importance of a project to the local and regional economies

· importance of a project to the economic and industry recovery of a local and regional area

· ability for a project to diversify an economy

· geographical spread of projects across bushfire impacted regions

· whether a project is most suited for funding under the BLER or another funding source

· market failure, market barriers and the role of government

The following organisations can apply:

· Councils

· Section 355 committees of Council, but Council will be required to execute the funding deed should the project be successful

· Joint Organisation of Councils

· not-for-profit organisations, including business chambers, industry associations and charities

· research or academic organisations

· State Government corporations

· Local Aboriginal Land Councils.

The following types of projects can be funded:

Enabling Infrastructure (New infrastructure and functionality enhancements or upgrades to existing infrastructure, including improvements):

· Shared pathway, bike paths and pedestrian access

· Restoration of bushfire impacted roads

· Development of roads to support increased industrial development

· Art galleries and other facilities to support social community development and economic recovery

· Improved community road access and vehicle capacity

Industry and business development (Initiatives supporting entrepreneurship and innovation, business retention, development of regional specialisations, economic diversification, expansion and attraction, capacity building, workforce participation, skills development, small business development, and local and regional industry networks):

· Tourism campaigns (including digital product development)

· Regional events

· Workforce adaptation and work ready training programs

· Remote working facilities and campaigns to boost regional economies

Social development (Community development and wellbeing, social support or social development initiatives):

· Resilience programs

· Pools and other amenities

· Community groups

· Community hall upgrades and other critical social infrastructure

· Community mental health programs

Natural environment and resource development (Natural environment restoration, environmental improvement initiatives and research into improved fire management):

· Regeneration activities

· Breakwater and other coastal protection

· Walking and mountain bike trail development

· Restoration and improvement of parkland and other natural resources

Built environment adaption (Disaster risk reduction through adapting the built environment to future climate change and natural hazard conditions, including through the development of emerging technologies):

· Community refuge centres

· Fire resistant infrastructure

· Energy security infrastructure, such as solar power for community buildings

· Commercialisation of new fire detection technology

· Fire-resistant streetscaping

· Upgrades to mobile communication security

It should be noted, that amongst others, the following will NOT be funded:

· day to day delivery of essential or core local government services

· projects which have exclusive private benefits or provide direct commercial and/or exclusive private benefit to an individual or business.

· non– fixed equipment or supplies unless a small component of a larger fixed project

· Operational expenditure, including regular repairs and maintenance

· Ongoing / recurrent funding beyond the stated timeframe of the project

· For infrastructure projects, funding for any ongoing staff or operational costs

· For non-infrastructure projects, funding for ongoing staff or operational costs beyond the timeframe of the funded project

Council can make multiple applications and can apply for 100% of funding. Contributions are encouraged, including other matching the request with other grants or with funding from partner organisations.

There are three categories of funding:

1. Infrastructure – minimum $400,000 to maximum $20 million.

2. Environmental projects (rehabilitation, remediation and resilience improvements) - minimum $200,000 to maximum $4 million, and

3. Programs (social, business and environmental education initiatives) - minimum $200,000 to maximum $4 million.

A total of 109 projects came forward from staff and the community. These projects totalled $149,078,275 in value representing a funding request of $104,290,624. This original list was reduced down to 19 projects with a value of $74,619,232 and a funding ask of $47,959,232. Seven projects were listed as reserves.

Following a briefing of Council, the list was further modified to:

· 21 Projects for which applications would be prepared

· The total value of projects to be nominated is $74,849,232

· Total funds requested from BLER Fund = $48,639,232

Project	BLER Fund request	Council contribution	Total Project Estimate
Materials Recovery Centre, West Nowra	$10,000,000	$13,000,000	$23,000,000
Additional REMS dam, Coonamia	$9,000,000	$7,000,000	$16,000,000
Livestock yard holding improvements @ 4 Showgrounds	$3,848,172	Nil	$3,848,172
Remediate former Ulladulla STP for Emp Land	$2,500,000	$2,500,000	$5,000,000
Bawley Pt / Kioloa Energy Hub:	$3,500,000	Nil	$3,500,000
Huskisson Boardwalk refurbishment	$2,500,000	Nil	$2,500,000
Sanctuary Point Employment Land	$2,000,000	$3,000,000	$5,000,000
Underground power to Bamarang water facilities	$2,000,000	Nil	$2,000,000
Conjola Park Regional Boat Ramp	$1,900,000	Nil	$1,900,000
Sussex Inlet Employment Lands – W&S	$1,700,000	Nil	$1,700,000
Citywide K&G renewal program	$1,500,000	Nil	$1,500,000
Lake Conjola Entrance Rd – new SUP Bridge	$1,200,000	Nil	$1,200,000
TOTAL over $1,000,000 request	$41,648,172	$25,500,000	$67,148,172

Inground Water tanks in APZs	$990,000	$260,000	$1,250,000
Shoalhaven Water Recovery & Resilience Project (Generators)	$950,000	$300,000	$1,250,000
Construct new RFS Station at Conjola	$950,000	Nil	$950,000
Construct new RFS Station at Manyana	$950,000	Nil	$950,000
SCC Development Assessment Personnel	$921,060	Nil	$921,060
Worrigee Cemetery APZ & Asset protection	$650,000	Nil	$650,000
Shoalhaven Heads Boat Ramp	$615,000	Nil	$615,000
Low-cost sealing of Prosperity Rd, Sth Nowra	$615,000	Nil	$615,000
Additional generators & PV @ telecommunications sites	$350,000	$150,000	$500,000
TOTAL under $1,000,000 request	$6,991,060	$710,000	$7,701,060
GRAND TOTAL	$48,639,232	$26,210,000	$74,849,232

Projects listed as reserves are:

• NLALC – Repurposing Racehorses & Emp Land: $1,500,000/$4,500,000

• Yalwal Camp Ground & Bushfire refuge: $2,000,000/$2,500,000

• Citywide APZs expansion: $500,000/$500,000

• Riversdale Rd - $450,000/$450,000 possible joint application with Bundanon

• Citywide Fire Trail upgrade: $300,000/$300,000

• Showground/Community Centres – A/c, Masterplan, PA: $318,781/$318,781

• After Fires – Building options assistance: $187,500/$187,500 **

• Community Resilience Training + Griffith Univ: $537,800/$537,800

• 2 RFS Neighbourhood Safer Places –Air/C: $30,000/$30,000 **

Applications must be lodged by midday Friday 11 December 2020

Community Engagement

As part of the application process the extent of community support will need to be quantified and articulated. Some projects are very much exposed to the community, others not so.

Policy Implications

This BLER funding is just one of a number of financial assistance incentives developed by Government. How this category of projects fits withing the scope of this assistance program and other such programs is akin to reading the fine print but the timeframes are such that a full analysis of what projects are best suited to which funding source is difficult.

Financial Implications

Each of the projects nominated by Council which include a Council contribution have been put forward by sections within Council that have funding sources and Reserves set aside to undertake such projects.

Risk Implications

The BLER Fund is a competitive funding allocation. In submitting a large number of different projects, Council will be competing with itself and other applicants to secure funding. The projects that best fit the criteria, have a sound business case, and can lead to sustainable economic growth should win through.

It would be unreasonable for Council to believe that it would secure funding for any more than about 5-7 projects to be approved for funding.

Strategy and Assets Committee – Tuesday 10 November 2020

Page 1

SA20.221 Proposed Road Closure - Part Bolong Road Bomaderry - Shoalhaven Starches P/L

HPERM Ref: D20/420227

Section: Projects & Technical Services

Approver: Paul Keech, Director - City Services

Attachments: 1. PLAN - Proposed Road Closure - Part Bolong Road ⇩

2. PLAN - Hazardous Area Delineation Overview (under separate cover) ⇨

3. PLAN - Hazardous Area Delineation Elevations ⇩

4. Shoalhaven Starches Expansion Project - Executive Summary ⇩

5. Shoalhaven Starches Modification Site Plan ⇩

Reason for Report

This report provides Council with the opportunity to consider a request approving:

· The closure of part (103.2 sqm) of Bolong Road, Bomaderry as identified in Attachment 1 (D20/460983); and if closed

· Sell that part to the adjoining landowner Shoalhaven Starches (Manildra)

Recommendation

That Council:

1. Close approximately 103.2 sqm of Bolong Road, Bomaderry as per Attachment 1 (D20/460983) adjoining Lot 1 DP 838753 by way of a notice published in the Government Gazette;

2. Authorise the creation of any easements, including for services and any restriction on the use of the land in favour of Shoalhaven City Council across the portion comprised in the road closure at the time of finalising the survey plan;

3. Authorise the sale of the portion comprised in the road closure, per point 1 above, to Shoalhaven Starches (adjoining property owner) for $3,100 (plus GST if applicable);

4. Require the portion comprised in the road closure and the adjoining Lot 1 DP 838753 to be consolidated into one lot;

5. Require all costs associated with the road closure and sale be borne by Shoalhaven Starches and the net income from the sale be placed in the Property Reserve; and

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

Options

1. Resolve as recommended.

Implications: Shoalhaven Starches can commence with the proposed road closure actions attributed to them.

2. Refuse the application to close the road.

Implications: Shoalhaven Starches will be required to find an alternative location for their vat installation & will delay their $48m project.

Background

Shoalhaven Starches is a member of the Manildra Group of companies.

The Manildra Group is a wholly Australian owned business and the largest processor of wheat in Australia.

The Shoalhaven Starches factory located on Bolong Road, Bomaderry produces a range of products for the food, beverage, confectionary, paper and motor transport industries including starch, gluten, glucose and ethanol.

Shoalhaven Starches intend to undertake modifications to the existing Ethanol Distillery Plant located at their Bomaderry factory site to increase the proportion of ‘beverage’ grade ethanol that can be produced on the site. The modification will enable increased flexibility in terms of the range of types of ethanol produced at the site (i.e. between fuel, industrial, pharmaceutical and beverage grade ethanol) to meet market demands.

The proposed modification will enable an increase in capacity of the plant to produce an additional 100 ML per year of beverage grade ethanol.

The project modifications relative to this proposed road closure include the construction of three (3) product silos above the existing interim packing plant. The construction of these three (3) silos will necessitate the relocation of an approved electrical substation that was approved (but not yet constructed) below and within the footprint of where it is now proposed to site the proposed product silos. This electrical sub-station is to be relocated to a position on the northern side (Bolong Road frontage) of the Starch Dryer No. 5 building.

A flow on effect with the placement of the three (3) new product silos is encroachment into the boundary setback off Bolong Road. Closing 103.2m² and moving the boundary 3 metres into the road reserve, without impacting the vehicle lanes or pedestrian access along Bolong Road, reinstates the required boundary setback.

The boundary setback is set by the requirements of AUS/NZS 60079.10.1:2009 Explosive atmospheres Classification of areas - Explosive gas atmospheres. The two largest product silos (vats) are 3.4 metres in diameter requiring a 15-metre set back. Plotting this results in a 3 metre protrusion into the road reserve as shown below, refer to Attachments 2 and 3 (D20/470039 & D20/470046) for full hazardous area delineation plans (overview and elevation).

Shoalhaven Starches modification project is made pursuant to Section 4.55(1A) of the Environmental Planning & Assessment Act 1979. Preparation for this project has been undertaken following consultation with the DPIE, the EPA, The Natural Resource Access Regulator (NRAR), Fire & Rescue NSW, The Australian Department of Defence and Shoalhaven City Council.

Shoalhaven Starches have advised Council staff that the Project has an estimated cost of $48M and will employ 65 people during construction plus 2 full time positions.

Please refer to ‘Attachment 4: Shoalhaven Starches Execute Summary’ for further information and an overall background of the entire Modification plans for the site. Refer to Attachment 5 (under separate cover) for the Shoalhaven Starches overall Modification Site Plan.

Bolong Road road status

Initial investigations of Parish Maps indicated the road comprising the area to be closed to be a private subdivision road. This road formerly known as Boolong Road, was renamed Bolong Road by notification published in Government Gazette dated 26 March 1954 Folio 1006.

In addition to the above, the 1903 edition of the Parish Map discloses Bolong Road to be within the Town Polices Act Boundary (Police Offences Act) – Municipality of Berry.

The Town of Berry is listed in the Police Offences Act of 1901. A road can become a public road under this Act, if it can be established that the road was in use at the time.

The 1961 Edition of the Parish Map discloses Bolong Road as Main Road No. 293.

The Schedule of Classified Roads (Transport Roads and Maritime) defines this road as a Regional Road Gazette 12 November 1976 (Folios 4954 & 4963). It further defines Regional Roads as being financed by RMS and vested to Councils for the management of their regional roads.

Based on the above, Shoalhaven City Council is the Roads Authority authorised to close the road and Transport NSW (RMS) in this case undertakes the role of a Notifiable Authority only.

Conditions of closure

The following list of conditions associated with the closure have been agreed to by Shoalhaven Starches:

· Alternative solution provided by SCC to be used as the base for further drawings with dimensions

· Shoalhaven Starches to provide design plans / dimensions including correct clearances required either side of path

· No fencing to be hard against the path

· Clearances noted in new design plan, new fence, tree retention, signage

· Ensure no obstructions on proposed footpath, including signage

· If any signage issues are raised, may require Traffic Committee approval

· Ensure safety of pedestrians / employees / traffic

· Retain all current trees at same height / distance with agreement to replace if relocated & tree does not survive

· Services running through private land to be maintained via easement protection, if required

· Section 138:
No works are to be carried out until Section 138 issued
Design plans to be approved in writing by SCC before Section 138 issued
Fence installation cannot occur over new boundary until Section 138 issued

· Pedestrian access along Bolong Rd to be maintained now & into future

· Shoalhaven Starches to provide further solutions for safety of employees at own discretion

· Shoalhaven Starches to explore & assess road safety for pedestrians and traffic

Community Engagement

Under Section 38B Roads Act 1993, the proposed road closure was advertised by way of a Public Notice within the South Coast Register on 1 July 2020 and Nowra News on 2 July 2020 providing twenty-eight (28) days consultation. No community submissions were received during or after this time.

Notifiable Authorities were notified of this proposal on 14 August 2020 with no objections to the closure received from any of the statutory authorities including Transport NSW (RMS), Endeavour Energy, Crown Lands, Jemena Asset Management (GAS) and Telstra.

Policy Implications

N/A

Financial Implications

If the proposed road is closed and sold to the adjoining owner Shoalhaven Starches, Council will receive compensation in the amount of $3,100 excluding GST and all costs associated with this matter are to be met by Shoalhaven Starches. The sale proceeds are to be placed in the Property Reserve. It is noted the net proceeds can only be used on future road projects in accordance with Section 43 of the Roads Act 1993.

Strategy and Assets Committee – Tuesday 10 November 2020

Page 1

SA20.224 Creation of Asset Protection Zone over Council Land – Lot 61 DP 833017 Ilett Street, Mollymook

HPERM Ref: D20/441004

Section: Projects & Technical Services

Approver: Paul Keech, Director – City Services

Attachments: 1. Aerial Lot 61 DP 833017 Ilett St Mollymook ⇩

2. SET Consulting APZ Plan Lot 61 DP 833017 Ilett St Mollymook ⇩

3. Bushfire Assessment Report – SET Consulting (under separate cover) ⇨

4. Request Letter – Proposed Positive Covenant – 1 Nethercote St, Mollymook ⇩

Reason for Report To provide Council with an opportunity to consider approving the creation of a positive covenant to maintain an asset protection zone over Council land at Lot 61 DP 833017 Ilett St, Mollymook to benefit the land comprised in Lot 76 DP 1243148, 1 Nethercote Street Mollymook as shown in Attachment 1 (D20/442505).

Recommendation

That Council:

1. Approve the creation of an Asset Protection Zone over part Lot 61 DP 1833017 as shown in SET Consultant’s APZ Plan at Attachment 2 (D20/442538), by way of a positive covenant in accordance with the provisions of Section 88B of the Conveyancing Act 1919 allowing the following activities:

a. Clear from the APZ Site and at all times, keep the APZ Site free of all bush, scrub, flora and fauna (with the exception of grass); and

b. Do all things necessary to maintain the APZ Site as an APZ.;

2. Require the landowners of Lot 76 DP 1243148 indemnify Council against any loss, injury or damages incurred whilst on Council owned land and undertaking the activities noted above at 1 (a) & 1 (b) and pay all costs (including Councils) associated with the creation of the positive covenant; and

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

Options

16. Resolve as Recommended

Implications: Creation of the positive covenant will reduce the determined bushfire attack level from BAL-Flame Zone to BAL-29 in accordance with the DA Consent.

16. Not Resolve as Recommended

Implications: NSW Rural Fire Service – Planning for Bushfire Protection 2019 requirements will not be satisfied therefore the development of the Child Care Facility will not be able to proceed.

16 Full Time employment opportunities will be lost for the Shoalhaven Area.

Background

In accordance with Planning for Bushfire Protection 2019 an education facility such as a child care centre is considered a special fire protection purpose development (SFPP development).

An SFPP development is one which is occupied by people who are considered to be at‑risk members of the community. In a bush fire event, these occupants may be more susceptible to the impacts of bush fire. Evacuating at‑risk members of the community is more challenging because they may be physically or psychologically less able to relocate themselves or are unfamiliar with their surroundings.

The specific objectives for SFPP developments are to minimise levels of radiant heat, localise smoke and ember attack through increased Asset Protection Zones, building design and siting.

Council received a Development Application for consent (DA20/1496) to construct a Child Care Centre on 1 Nethercote Street Mollymook (Lot 76 DP 1243148). The assessment of the DA has determined the Bushfire Attack level as Flame Zone.

To reduce the bushfire attack level, the owners of 1 Nethercote St Mollymook have made an application to Council for the creation of an Asset Protection Zone over the nearby Council land being Lot 61 DP 833017 as shown below and on Attachment 1 (D20/442505).

This application will reduce the bushfire attack level to BAL-29, therefore satisfying NSW Rural Fire Service requirements and to meet the objectives of SFPP.

Upon completion and at full capacity, the Child Care Centre is expected to generate the employment of 16 full time staff or alternatively 25 part time positions, and comprise 24 x 0-2 year olds, 30 x 2-3 year olds, and 50 x 3-5 year olds.

The diagram at the end of this report shows both Lots 76 (Child Care Centre in Red) and Council’s land being Lot 61 (Yellow) with the area for the requested APZ highlighted in Green.

Bushfire Assessment Report

This Bushfire Assessment Report at Attachment 3 and has been prepared to accompany the Development Application for the proposed childcare centre over Lot 76 DP1243148, No. 1 Nethercote Street, Mollymook.

To assist Councillors, proposed mitigation measures have been extracted from the Bushfire Assessment Report:

The following combination of mitigation measures are recommended to provide an appropriate level of safety for occupants of the dwelling and a level consistent with that required by PBP 2019:

ü The entire property be maintained as an Inner Protection Zone for the life of the development and comply with section 3.2 and Appendix 4 of Planning for Bush Fire Protection 2019 and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’, as outlined below:

Trees

· tree canopy cover should be less than 15% at maturity;

· trees at maturity should not touch or overhang the building;

· lower limbs should be removed up to a height of 2m above the ground;

· tree canopies should be separated by 2 to 5m; and

· preference should be given to smooth barked and evergreen trees.

Shrubs

· create large discontinuities or gaps in the vegetation to slow down or break the progress of fire towards buildings should be provided;

· shrubs should not be located under trees;

· shrubs should not form more than 10% ground cover; and

· clumps of shrubs should be separated from exposed windows and doors by a distance of at least twice the height of the vegetation.

Grass

· grass should be kept mown (as a guide grass should be kept to no more than 100mm in height); and

· leaves and vegetation debris should be removed.

ü Any future landscaping shall be designed and maintained in accordance with

· maintaining a clear area of low cut lawn or pavement adjacent to the house;

· keeping areas under fences, fence posts and gates and trees raked and cleared of fuel;

· utilising non-combustible fencing and retaining walls;

· breaking up the canopy of trees and shrubs with defined garden beds;

· organic mulch should not be used in bushfire prone areas and non-flammable material should be used as ground cover, e.g. Scoria, pebbles, recycled crushed bricks.

· planting trees and shrubs such that: - the branches will not overhang the roof; and

· the tree canopy is not continuous.

ü • Any future gas bottles shall be installed and maintained in accordance with AS 1596. Gas cylinder relief valves shall be directed away from the building and away from any hazardous materials such as firewood, etc.

ü • An emergency and evacuation plan consistent with the RFS Guidelines for Emergency Evacuation Plan should be prepared for the development prior to occupation.

Source: SET Bushfire Assessment Report – Childcare Centre – Lot 76 DP 1243148, No. 1 Nethercote Street, Mollymook. 21 May 2020

Positive Covenant

The letter attached at Attachment 4 sets out the full terms of the easement (positive covenant) inclusive of the activities and obligations of the parties, including but not limited to:

2. Easement

The Benefited APZ Land Registered Proprietor covenants with the Burdened APZ Land Registered Proprietor to:

a) Clear from the APZ Site and at all times, keep the APZ Site free of all bush, scrub, flora and fauna (with the exception of grass); and

b) Do all things necessary to maintain the APZ Site as an APZ.

3. Benefited APZ Land Registered Proprietor’s obligations

In carrying out the tasks specified at Clauses 2(a) & 2(b) above:

a) Comply with all laws; and

b) Comply with all requirements of the Rural Fire Service; and

c) Comply with all requirements of the Prescribed Authority and any other relevant government or statutory authority; and

d) Enter the Burdened APZ land, but only those parts identified as the APZ Site, for the sole purposes of carrying out tasks specified at Clauses 2(a) & 2(b); and

e) Take anything onto the APZ Site for the purposes of carrying out the tasks specified in clauses 2(a) & 2(b); and

f) Ensure all work is done properly and in compliance with the Work Health & Safety Act 2011 (NSW) and Safety Regulation 2017 (NSW); and

g) Cause as little inconvenience as is practical to the Registered proprietor and Prescribed Authority and any occupier of the Burdened APZ Land; and

h) Cause as little damage as possible to the Burdened APZ Land; and

i) Not undertake any activity on or over the APZ Site for which consent is required under the EP&A Act 1979 or any instrument made thereunder without first obtaining such consent; and

j) Indemnify and keep indemnified the Registered Proprietor(s) and the Prescribed Authority from and against all actions claims suits and demands of whatsoever nature and all costs charges and expenses in respect of any accident or injury to any person or property which may arise out of undertaking the tasks specified in clauses 2(a) & 2(b); and

k) Ensure any person(s), contractor or consultant entering the Burdened APZ Land has current appropriate Public Risk and Workers Compensation insurance in place noting the Registered Proprietor and the Prescribed Authority as an interested party on such policy; and

l) Not construct, erect, or undertake any improvements within the Burdened APZ land; and

m) Make good any collateral damage.

Red = Lot 76 Child Care Centre

Yellow = Council land being Lot 61

Green = Area for the requested APZ highlighted in Green.

Lot 61 DP 833017 is classified as operational land and zoned R1 General Residential. It was originally acquired in March 1994 for $95,000 from Caravon Pty Ltd for road. The proposed road has not eventuated and nor is it likely to be given the recently constructed Nethercote Street.

Community Engagement

This matter is considered to be a local area low impact issue as outlined in Council’s Community Engagement Policy and Handbook and therefore no community engagement is required.

Policy Implications

The proposal is considered to be, by virtue of Section 4.46 of the Environmental Planning and Assessment (EP&A) Act 1979, integrated development and requires a Bush Fire Safety Authority under Section 100B of the Rural Fires Act 1997 in respect of bush safety for the development of land for a special fire protection purpose (that being child care).

Council’s Creation of an Asset Protection Zone over Council Owned or Managed Land Policy currently only permits for an area of an asset protection zone to allow the reduction of a bushfire attack level to Bal – 40.

However, due to this development being a special fire protection purpose, Child Care Facility exceptional circumstances to allow the creation of an APZ to BAL-29 should be given in accordance with the Planning for Bushfire Protection and Special Fire Protection Purpose objectives.

Financial Implications

In accordance with Council’s Fees and Charges, Council’s APZ Approval Fee of $3,120.00 will be applicable to this application should the Council’s resolve as recommended

Strategy and Assets Committee – Tuesday 10 November 2020

Page 1

SA20.228 Fishermans Paradise Voluntary Planning Agreement

HPERM Ref: D20/459989

Section: Finance

Approver: Stephen Dunshea, Chief Executive Officer

Attachments: 1. Revised Letter of Offer for VPA 05 05 2020 Reserve Fishermans Paradise ds19-1344 SF7079 ⇩

2. Voluntary Planning Agreement Policy (under separate cover) ⇨

Reason for Report

Following the Strategy and Assets Committee decision (MIN20.629) to defer the acceptance of a VPA pending further negotiations this report requests the Strategy and Assets Committee endorse the proposed Voluntary Planning Agreement (VPA) for the dedication of land at Fisherman’s Paradise between Council and Grange Estates P/L.

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 the commencement of any site works, including the clearing or modification of any vegetation, or the issuing of a Subdivision Works Certificate, the Developer Grange Estates P/L will 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 Public Reserve for a period of 5 years in accordance with the NSW DPIE Guidelines for the management of waterfront lands.

The EMP shall include a requirement to install four strand plain wire fencing supported by treated pine posts along the interface between the road reserve and the public reserve where required to prevent public access as part of Year 1 works and as part of the works required to be completed prior to dedication of the land to Council; and

2. Prior to the issue of a Subdivision Certificate for the Plan of Survey for Stage 2A (shown plan N27743-11 rev 2 dated 19 December 2019 (D20/161178) ) which will dedicate the Public Reserve, the developer Grange Estates P/L will:

a. implement the actions in the approved EMP which are required to be completed prior to dedication of the land; and

b. provide Council with a EMP monitoring and implement report to confirm works within the EMP have been completed.

3. Following dedication of the Public Reserve, the Developer Grange Estates P/L will:

a. implement any additional actions identified in the approved EMP for Years 1 and 2; and

b. provide Council with a EMP report monitoring and implementation report at the end of years 1 and 2 to confirm EMP actions have been completed; and

c. pay $2,240 annually to Council on the 3^rd, 4^th and 5^th anniversary of the date the Public Reserve was dedicated to cover Council’s estimated costs for implementing the EMP on the Public Reserve for years 3-5.

Options

1. As recommended. The Strategy and Assets Committee endorse the proposed VPA with the condition that an Environmental Management Plan is prepared identifying management actions and associated costs and the developer contribute to these costs as agreed; a fence be erected along the parcel to direct pedestrians to the foreshore access prior to hand-over of the land to Council.

Implications: Appropriate measures have been put in place for the rehabilitation and management of the land prior to handover to Council, and contribution towards the ongoing maintenance costs thereafter.

2. The Strategy and Assets Committee decline to endorse the VPA as proposed and accept the land as per the Letter of Offer with no onus placed on the Developer to provide the land in an acceptable condition or provide a maintenance program for its ongoing care.

Implications: Council incurs the cost of rehabilitating, maintaining the land and constructing a fence.

3. The Strategy and Assets Committee recommend not to proceed and decline the proposed VPA and the land.

Implications: The Developer would not comply with the requirements of the Natural Resources Access Regulator and the Developer is required to look at alternative options

Background

This report was first presented to the Strategy & Assets Committee on 8 September 2020. Following consideration of the deputation to the Committee by Allen Price & Scarratts Pty Ltd on behalf of Grange Estates Pty Limited, the Committee resolved (MIN20.629) that:

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

Following negotiation with Allen Price & Scarratts Pty Ltd on behalf of Grange Estates Pty Limited, the following conditions for the Voluntary Planning Agreement were agreed upon:

a. implement the actions in the approved EMP which are required to be completed prior to dedication of the land; and

b. provide Council with a EMP monitoring and implement report to confirm works within the EMP have been completed.

3. Following dedication of the Public Reserve, the Developer Grange Estates P/L will:

a. implement any additional actions identified in the approved EMP for Years 1 and 2; and

b. provide Council with a EMP report monitoring and implementation report at the end of years 1 and 2 to confirm EMP actions have been completed; and

Voluntary Planning Agreement (VPA)

Grange Estates PTY Limited, provided a Letter of Offer to Council on 5 May 2020 (Attachment 1).

This offer requests Council to consider a Voluntary Planning Agreement (VPA) for the dedication of 3,765m² at Fisherman’s Paradise. This land is a Riparian Zone; and proposes the dedication for environmental conservation purposes and is a requirement of the Natural Resources Access Regulator (NRAR) and a condition of development consent. This parcel can be seen in the below attachment highlighted in green.

It is recommended that the land be accepted by Council with the following conditions.

Environmental Management Plan (EMP)

That Grange Estates Pty Limited provide Council with an Environmental Management Plan (EMP) prepared by a suitably qualified and practising ecologist, environmental consultant and or bushland restoration expert, in accordance with the NSW Department of Planning, Infrastructure and Environment (DPIE) Guidelines for the management of waterfront lands, for the approval of Council prior to issue of the construction certificate. The EMP shall contain the following:

· Identification and mapping of flora and fauna species

· Short, medium, and long-term environmental management activities for a period of 5 years, including planting of endemic species, replacement of failed plantings, weed management, fencing, excludes stormwater infrastructure from the parcel of land and other management actions that may be necessary to mitigate the direct and indirect impacts of the subdivision

· Establishes an environmental monitoring system / regime

· A costed schedule of works

· Includes a Developer Contribution Plan (as part of the VPA) for implementation of priority actions such as:

o Installation of the fence, and

o Funding for a weeding and vegetation management actions, which are to be provided prior to hand-over of the land to Council

· A report to demonstrate the implementation and success of EMP actions, including installation of the fence, for the approval of Council, prior to hand-over of the land to Council prior and issue of the subdivision certificate. This is for those actions due to be completed up until this point in time (e.g. when the construction of the subdivision is complete, not at the end of the 5-year plan).

It is further recommended that the following two issues be addressed by the Developer prior to hand-over:

1. Installation of fencing

It has been identified that the land will require fencing along the eastern perimeter of the road and also the existing access to within 20m of the waterway (to allow access to the foreshore reserve), extending from the land parcel.

This is to reduce the likelihood of any damaging activity that may occur, such as creation of informal tracks and rubbish dumping and to guide access and formalise the public access to the foreshore reserve and waterway through the access as shown on the above plan. This will assist in maintaining the ecological integrity of the wetland reserve, which is classified as an Endangered Ecological Community.

2. Implementation of priority EMP to manage actions, monitoring and reporting prior to hand-over

The developer shall implement environmental management actions identified in the approved EMP and provide a monitoring report to demonstrate successful implementation of actions for the approval of Council, and enter into the developer contribution plan for the remaining costs of implementation the EMP, prior to the hand-over of the land to Council and issue of the subdivision certificate.

ECOLOGICAL CONDITION PRIOR TO HAND-OVER

The Letter of Offer from Grange Estates P/L states there will be negligible additional maintenance costs to Council, and that the land will be handed over only after being revegetated with endemic plant species, and improved in accordance with a Vegetation Management Plan.

The proposed land to be dedicated is primarily disturbed pasture grass, including such noxious species including kikuyu and/or buffalo species. These weeds will persist long after the application of initial weed control works. Extensive long-term follow-up works will be required to ensure the land is handed over in a condition that ensures maintenance costs to Council will be negligible into the future. It should be the responsibility of the Developer to ensure this maintenance level is attained prior to hand-over, as per their Letter of Offer to Council.

It is recommended that Council require the Developer to implement the approved EMP up until the completion of the subdivision and then provide a contribution to the future costs of implementing the EMP which will need to include weed control works well beyond the initial primary control of weeds, and extensive follow-up of maintenance and replacement of failed plants in the revegetation phase for a period of five years.

Community Engagement

Subject to endorsement by the Strategy and Assets Committee the proposed VPA will be placed on public exhibition for 30 days as per Shoalhaven City Council’s VPA Policy (Attachment 2).

Policy Implications

This VPA will be negotiated and exhibited in accordance with Council’s Voluntary Planning Agreement policy, POL18/34

Financial Implications

The Letter of Offer proposes the dedication of 3,765m². The annual maintenance cost of this land will be determined by the EMP.

It is recommended that if the Strategy and Assets Committee wishes to enter a VPA for the dedication of the land, that the Developer contribute funding to the annual maintenance costs. This process has been agreed upon by the Developer.

Risk Implications

The inclusion of the requirements in the VPA will assist Council and the Developer in managing risks and fulfilling obligations through:

· The implementation of an Environmental Management Plan for the rehabilitation and ongoing management and monitoring of the land including stormwater management, weed management, fencing, public access and a detailed flora and fauna condition assessment

· Installation of fencing that will protect the ecological integrity of the wetland reserve, which is classified as an Endangered Ecological Community

· Contributing towards the ongoing costs of maintain this land for a 5-year period after hand-over and reducing the risk and liability to Council.

Strategy and Assets Committee – Tuesday 10 November 2020

Page 1

SA20.229 Urgent Report - Conjola Community Forum and Case Clinic

HPERM Ref: D20/481294

Section: Recreation Community & Culture

Approver: Jane Lewis, Director - City Lifestyles

Reason for Report

The community of Conjola was badly impacted by the 2019-20 fires. While there were existing divides in the community before the fires, these have been exacerbated since the fires.

The Conjola Community Recovery Association’s Conjola Masterplan project has highlighted further differing opinions within the community with some supportive of the plan and others who are not in support.

Council, Resilience NSW, the National Bushfire Recovery Agency, The Department of Community and Justice and local Service providers have been meeting to discuss community initiatives for Conjola. Representatives from Resilience NSW have suggested a way to help Council and the Conjola community through the recovery process while managing and resolving the conflict within the community.

Recommendation (Item to be determined under delegated authority)

That Council receive this report for consideration and:

1. Thank Resilience NSW for their offer of assistance

2. Support the initiative to hold a Case Clinic for internal stakeholders to discuss the current issues within Conjola.

3. Support the initiative, following the case clinic, to have a series of Community Forums within Conjola, hosted by Resilience NSW that focus on bringing the community together.

Options

1. That Council accepts the offer from Resilience NSW to host a Case Clinic to discuss the current issues in Conjola and the Community Forums that will focus on bringing the community together.

Implications:

This is the preferred option as it will enable Council to consider the current situation in Conjola with the help of experts in recovery, behaviour change and conflict resolution to develop a way forward. The forums will also bring communities together and allow them to focus on the future and not what has happened.

2. That Council accept the offer from Resilience NSW to host a Case Clinic to discuss the current issues in Conjola and decline the offer of Community Forums in Conjola.

Implications

This option is not preferred as it will not enable the Conjola community to come together to heal in an expedient manner. Other interventions will need to be considered to move forward.

3. That Council decline the offer from Resilience NSW to host a Case Clinic to discuss the current issues in Conjola and accept the offer of Community Forums in Conjola.

Implications

This option is not preferred as it will not enable Council to benefit from the knowledge and experience of industry experts to map a way forward for Council and Conjola.

4. That Council thanks Resilience NSW but declines both offers of assistance.

Implications

This option is not preferred as it does not enable either Council or the Conjola Community to plan a way forward.

Background

A sub-group of the Shoalhaven Bushfire Health and Wellbeing Network, consisting of Council, Barnardos (Shoalhaven Recovery Support Service), Dept of Communities and Justice, Resilience NSW, The National Bushfire Recovery Agency and NSW Health, has been meeting to focus on the Conjola Community and how we can try to bring the community together.

Initial meetings focussed on soft programming opportunities for the community which would allow them to speak to service providers to seek help and assistance as well as events to bring the community together in a socially distanced way. Following what appears to be an escalation in tensions in Conjola it became apparent that a different approach was required.

Resilience NSW came forward with a process that has worked previously in other fragmented communities in NSW and asked if Council would like to consider these options. The first step is to hold a case clinic as detailed below:

Case Clinic:

A case clinic is a learning tool that can be used with professional groups to unpack a dilemma and help find a way forward. The tool will guide a group through a process in which a case-giver presents a case, and a group of peers, experts or team members help to expand the understanding of the case and explore possible solutions. Case Clinics take place online or in person (where physical distancing measures can be respected) and allow participants to generate new ways to approach a challenge or question.

This process would generally take one hour but this is dependent on the number of people participating in the process.

Resilience NSW have offered to host this process and would invite and fund experts in Community Recovery and Community Reconciliation to attend to act as the experts. The situation in Conjola is not uncommon in fire affected communities and the experts would be able to reflect on the issues and help the group to identify a way forward.

The case giver will be asked to consider the following in their opening Intention Statement:

1. Current situation: What key challenge or question are you up against? The casegiver frames the case and puts forward a question to the peer group.

2. Clarifying questions from the experts and peers.

3. The group asks probing questions of the case giver to learn more about the case and do some analysis of the dilemma presented

4. The experts and peers talk about the dilemma presented and works through issues thoroughly and objectively. The group may suggest actions as for the case.4. Threshold: What do you need to let-go of – and what do you need to learn?

5. The case giver reflects on what they heard and how the conversation is shaping the next steps for this case or dilemma

6. The facilitator leads a brief conversation about the group’s experience.

It is recommended that the participants in the process are the Mayor and Councillors who have been working in the Conjola community and nominated Senior Staff that have been working with the Conjola Community. Other’s may be invited to observe the process.

· External experts in the process may include (subject to availability)

· Paul Ryan – Australian Resilience Centre

· Anne Leadbeater OAM – Disaster recovery and community resilience expert.

· Steve Pascoe – Strathewan Community Leader

· Sunny Goddard – Facilitator in conflict resolution

· Monty Badami – Anthropologist and facilitator

· Louise Mitchell – Social Recovery Reference Group

· Mark Conlon - Resilience NSW

· David Newell – Resilience NSW

· Michael Collins – Facilitator Transformative Process

· Les Robinson – Facilitator Behaviour Change

· Karen Akehurst – Red Cross

Throughout the Case Clinic, the experts will offer their thoughts and share their experiences. As a group the SCC team and experts will reflect and strategise on the next steps.

The Second step will be to offer a series of Community Forums for the Conjola Community.

Community Forums:

The issues presented in Conjola have previously been seen in other communities affected by fires.

Resilience NSW is currently working alongside the Snowy Valleys Regional Council to help the Batlow community to come together in their recovery journey. The community of Batlow in the Snowy Valleys Shire was badly impacted by the 2019-20 fires. Local industries have been in decline and the community is fractured; people are leaving the community. Community connectors also recognise that Batlow has much to offer if opportunities are built upon and people can work together.

Following an initial community forum hosted on 19 August 2020 by State Member for Wagga Wagga Dr Joe McGirr MP and Federal Member for Eden Monaro Kristy McBain, the responsibility for continued delivery of this initiative was handed to Resilience NSW and the National Bushfire Recovery Agency (NBRA).

Resilience NSW and the NBRA developed a series of community forums with the purpose of working together with all of the voices in Batlow to build a shared vision and a strong foundation for the positive long-term recovery and renewal of the town.

This is being done by:

1. A participatory design process that clarifies the purpose, principles, outcomes/outputs, key players, and the concept to take the purpose forward.

2. Engagement with community in Batlow to bring ideas forward and enable conversation around proposed projects.

3. Implementation of the initial stages of ‘the concept’, likely to include events in Batlow that invite community participation in planning and design for projects the community and support partners will take forward.

4. Coordination of the community, industry and government partners committed to designing, planning, and implementing projects that work towards the common vision.

5. Training in collaborative leadership for community champions and key partners.

6. Hand-over to the Batlow partnership to ensure a clean exit for Resilience NSW from this piece of work.

A similar process has been offered for Conjola by Resilience NSW. This process will be led by Resilience NSW and the National Bushfire Recovery Agency in partnership with Council.

The number of community forums required to achieve the desired outcomes are unknown as this is dependent on the community buying in to the process and working through the objectives.

The process in Batlow has been very well received and has already led to more positive interactions between the different groups within the town. It is expected that this process would lead to similar positive outcomes for the Conjola community. The complex and dynamic nature of disaster recovery and community conflict would require a strategy and actions adapted from this experience and designed specifically with and for the communities in Conjola.

Community Engagement

Consideration needs to be given to who would participate in the Case Clinic proposal. It is recommended that the participants in the process are the Mayor, Councillors who have been working in the Conjola community and nominated Senior Staff who have been working with the Conjola Community. Others may be invited to observe the process.

Resilience NSW will take the lead in delivering the community forums and will ensure robust community engagement and recruitment, ensuring that representatives from Conjola, Conjola Park and Lake Conjola are present. Working with community service providers that are working alongside the community, community leaders will be identified and invited to participate.

Financial Implications

Resilience NSW have offered to cover the costs of experts and facilitators for both the Case Clinic and the Forums. Council would be required to cover the costs of venue hire and catering if required. Additionally, Council will cover the costs of printing any flyers and pinpoint delivery of flyers.

Council’s Community Recovery Officer role, which is funded by Resilience NSW has funding attached which can be used to cover these incidental costs.

Risk Implications

It is recommended that the forums are branded and run by Resilience NSW and the National Bushfire Recovery Agency, both nonpartisan and well-respected authorities, to ensure maximum buy in by the community.

Council will be invited to participate in the forums as the community builds trust with the process.

1.	Callala Bay Foreshore - Parkcare Group Action Plan	Callala Bay	New
2.	Collingwood Reserve – Basin View – Parkcare Group Action Plan	Basin View	Updated
3.	Fishermans Paradise - Parkcare Group Action Plan	Fishermans Paradise	New
4.	Friends of Hyams Beach- Parkcare Group Action Plan	Hyams Beach	Updated
5.	Paino Reserve – Sanctuary Point – Parkcare Group Action Plan	Sanctuary Point	New
6.	Surfers Avenue - Narrawallee – Parkcare Group Action Plan	Narrawallee	Updated

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