Agenda of Ordinary Meeting

Ordinary Meeting

Meeting Date: Tuesday, 27 July, 2021

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

Time: 5.00pm

Membership (Quorum - 7)

All Councillors

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

Agenda

1. Acknowledgement of Traditional Custodians

2. Opening Prayer

3. Australian National Anthem

4. Apologies / Leave of Absence

5. Confirmation of Minutes

· Ordinary Meeting - 29 June 2021

6. Declarations of Interest

7. Presentation of Petitions

8. Mayoral Minute

Mayoral Minute

MM21.17..... Mayoral Minute - Welcoming Cities Network Membership Endorsement..... 1

MM21.18..... Mayoral Minute - Review of Current Planning & Development Controls - SP3 Zone South Ulladulla............................................................................................... 2

9. Deputations and Presentations

10. Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

CL21.135..... Rescission Motion - SA21.115 Local Government Remuneration Tribunal - Councillor and Mayoral Fees 2021/2022 - Superannuation Payments.......................... 3

CL21.136..... Notice of Motion - SA21.115 Local Government Remuneration Tribunal - Councillor and Mayoral Fees 2021/2022 - Superannuation Payments.......................... 4

CL21.137..... Rescission Motion - SA21.164 - Worrigee / South Nowra / East Nowra Investigations - Aquatic Centre & Integrated Recreational Strategic Plan.............................. 5

CL21.138..... Notice of Motion - SA21.64 Worrigee / South Nowra / East Nowra Investigations - Aquatic Centre & Integrated Recreational Strategic Plan.............................. 6

CL21.139..... Notice of Motion - Request for Donation: Green Mountain Community School 7

CL21.140..... Notice of Motion - Public Housing Crisis Meeting 9 July 2021.................... 10

CL21.141..... Notice of Motion - A Walkway / Cycleway from Nowra-Bomaderry to Gerringong...................................................................................................................... 17

CL21.142..... Notice of Motion - Boat / Vessel Maintenance - Shoalhaven Heads........... 18

CL21.143..... Notice of Motion - Jerry Bailey Oval - Provision of Amenities..................... 19

CL21.144..... Notice of Motion - In Memory of Georgia Fletcher....................................... 20

CL21.145..... Notice of Motion - Pump Track Sussex Inlet................................................ 21

CL21.146..... Notice of Motion - Footpath Construction - Greenwell Point Road.............. 22

CL21.147..... Notice of Motion - Kangaroo Valley Pump Track Reserve.......................... 23

CL21.148..... Notice of Motion - Shoalhaven Motor Sports Complex (MSC).................... 24

11. Committee Reports

CL21.149..... Report of the Strategy & Assets Committee - 20 July 2021........................ 25

SA21.132.... Notice of Motion - Jindelara Cottage - 59 Nurrawallee Street, Ulladulla

SA21.135.... Notice of Motion - Sussex Inlet Thompson Street Carpark

SA21.142.... Future Directions - Nowra CBD Revitalisation

SA21.144.... Proposed Land Acquisition - Part Lot 1 DP823269, The Wool Road Worrowing Heights

SA21.145.... Proposed Road Closure - Part Unnamed Council Public Road R1234b160 and Proposed Road Opening Lot 74 DP 604846 - Milton

SA21.147.... Transfer of Lot 1 DP 821499 Lynburn Ave Bomaderry to Community Association DP270517

SA21.149.... Grant of Easement for overhead power lines to Epsilon Distribution Ministerial Holding Corporation (Endeavour Energy) - 333 Illaroo Road Bangalee and Lot 4 West Cambewarra Road North Nowra

SA21.153.... Tenders - SCC Administration Building Lift No.2 Replacement

SA21.157.... Ratepayer Advance - Kerb & Gutter Construction - Tomerong Street Currarong

SA21.160.... Rate Payer Advance - Kerb & Gutter Installation - 24 to 38 Basin View Parade Basin View

SA21.161.... Ratepayers Advance - Kerb & Gutter Construction 6, 10, 14, 16 Loralyn Avenue Sanctuary Point

SA21.162.... Ratepayers Advance - Kerb & Gutter Construction - 123 & 125 Loralyn Avenue St Georges Basin

SA21.163.... Request - Refund DA Fees - William Campbell Foundation - DA21/1384

SA21.169.... Sanctuary Point Oval Athletics Field Improvements

SA21.172.... Acquisition of sewer and electrical easements - 12 Flood Street Sussex Inlet

SA21.173.... Acquisition of Easement for Sewer Pipeline - Lot 3 DP505763 at Terara

CL21.150..... Report of the Aboriginal Advisory Committee - 7 June 2021....................... 32

AA21.13...... Cullunghutti - Plan of Management

CL21.151..... Report of the Shoalhaven Heads Estuary Taskforce - 16 June 2021......... 33

SH21.5........ Membership - Resignation from Mike James

SH21.2........ River Road Foreshore Precinct Rehabilitation Project Progress Report

12. Reports

City Performance

CL21.152..... Council Meeting Dates - Proposed Amendments........................................ 34

CL21.153..... Investment Report - June 2021.................................................................... 36

City Futures

CL21.154..... Progress Report, Jervis Bay Regional Boat Ramp Master Plan (Option H) - Boat Maintenance Facility at Woollamia............................................................... 45

CL21.155..... Shoalhaven Business Chamber and Shoalhaven City Council Memorandum of Understanding.............................................................................................. 52

City Services

SA21.146.... Proposed Road Closure & Sale - Unnamed Road Off Woodburn Road Morton 71

City Development

CL21.156..... Variations to Development Standards - June Quarter 2021........................ 78

City Lifestyles

CL21.157..... Progress / Status Update - Access Areas for Dogs Policy Review............. 80

13. Confidential Reports

Committee Reports

CCL21.11.... Report of the Strategy & Assets Committee - 20 July 2021

CSA21.34.... Land Acquisition Matter - Bangalee & Cambewarra Localities

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

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.

CSA21.35.... Proposed Disposal of Council Land - Far Meadow

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

Ordinary Meeting – Tuesday 27 July 2021

Page 0

CL21.149 Report of the Strategy & Assets Committee - 20 July 2021

HPERM Ref: D21/305327

SA21.132 Notice of Motion - Jindelara Cottage - 59 Nurrawallee Street, Ulladulla

HPERM Ref: D21/288978

RECOMMENDATION

That Council:

1. Fund all costs and provide necessary works required to relocate existing water and/or sewer services/mains on a portion of Nurrawallee Street (road reserve) that abuts the northern boundary of Jindelara Cottage (59 Princes Highway, Ulladulla) – subject Resolution MIN20.804.

2. Work with the Lions Ulladulla District Community Foundation to resolve any further issues.

3. Provide a report back to Council on any further issues that may arise.

SA21.135 Notice of Motion - Sussex Inlet Thompson Street Carpark

HPERM Ref: D21/289291

RECOMMENDATION

That Council:

1. Fully seal the whole carpark located at the Community Centre in Thompson Street; this includes the current unsealed section (gravel) and driveway into the centre.

2. Work with the Thompson Street Management Committee on this project to ensure all work is carried out.

3. Note that the full construction and seal of a newly designed Thompson Street Carpark is a longer-term project that is not funded in Council’s current adopted budget or the long-term financial plan.

SA21.142 Future Directions - Nowra CBD Revitalisation

HPERM Ref: D21/278527

RECOMMENDATION

That Council

1. Receive the report for information.

2. Endorse the ‘Revitalising Nowra Action Plan 2021-23’ (Attachment 1) as the basis for the Nowra CBD Revitalisation Strategy Committee’s activities for the period 2021-2023.

3. Maintain the annual budget allocation of $500,000 to support the implementation of the Action plan over the next three years and the principle that any unspent funds from the yearly allocation is rolled over to the next financial year to enable the Committee to strategically plan, respond flexibly and also undertake other relevant activities.

4. Commend the Nowra CBD Revitalisation Committee on the initiative of preparing the Action Plan.

SA21.144 Proposed Land Acquisition - Part Lot 1 DP823269, The Wool Road Worrowing Heights

HPERM Ref: D21/86520

RECOMMENDATION

That Council:

1. Acquire an area of 619.1m²being part Lot 1 DP823269 for the requirement of intersection upgrade, by agreement with the owners for $5,420 plus GST (If Applicable);

2. Fund all costs associated with the acquisition from Funds Granted through the Federal and State Government Stimulus Commitment – Safety Works program - Work Finance Number 105262 Land Acquisition – The Wool Rd Mernie St CHR Project;

3. Delegate authority to the Chief Executive Office (Director City Services) to make minor adjustment to the purchase price, if necessary, in accordance with the settlement figure determined by Council Solicitor;

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

5. Upon registration of the acquisition plan and settlement, authorise by notice in the Government Gazette, the dedication of Part Lot 1 DP 823269 in the proposed acquisition plan as public road in accordance with Section 10 of the Roads Act 1993.

SA21.145 Proposed Road Closure - Part Unnamed Council Public Road R1234b160 and Proposed Road Opening Lot 74 DP 604846 - Milton

HPERM Ref: D21/146512

Clr Findley – less than significant non pecuniary interest declaration - remained in the room and took part in discussion and vote – The applicant is known to her.

Clr Alldrick - less than significant non pecuniary interest declaration - remained in the room and took part in discussion and vote – The applicant is known to her.

RECOMMENDATION

That Council:

1. Acquire Part Lot 74 DP 604846, being 10.06m wide and approximately 738m², shown in Attachment 1 (D21/249529) as Lot 742 for the purpose of public road in accordance with the Roads Act 1993;

2. Resolve to close part of public road - R1234b160, Milton, being 10.06m wide and approximately 881m², shown in Attachment 1 (D21/249529) as Lot 741 in accordance with the Roads Act 1993;

3. Authorise the transfer of proposed closed road (Lot 741) with the adjoining property owner, in exchange for proposed road (Lot 742);

4. Upon registration of transfer, authorise by notice in the Government Gazette, dedicate the acquired land identified in Attachment 1, Lot 742, as public road in accordance with Section 10 of the Roads Act 1993;

5. Require the closed road to be consolidated with Lot 74 DP 604846 following transfer to adjoining property owner;

6. Note that all costs associated with the road closure application will be paid in equal shares by the landowners in accordance with a Deed of Agreement (LD8125);

7. 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.

SA21.147 Transfer of Lot 1 DP 821499 Lynburn Ave Bomaderry to Community Association DP270517

HPERM Ref: D21/174776

RECOMMENDATION

That Council:

1. Advertises its intention to transfer Lot 1 DP 821499 Lynburn Ave, Bomaderry and if no objections are received, authorise the transfer of Lot 1 DP 821499 at NIL compensation to Community Association DP270517;

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

3. Funds all of Council’s costs associated with the transfer from Project Finance Number 102364; 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.

SA21.149 Grant of Easement for overhead power lines to Epsilon Distribution Ministerial Holding Corporation (Endeavour Energy) - 333 Illaroo Road Bangalee and Lot 4 West Cambewarra Road North Nowra

HPERM Ref: D21/260796

RECOMMENDATION

That Council:

1. Grant an Easement in favour of Epsilon Distribution Ministerial Holding Corporation (Endeavour Energy) for overhead powerlines variable width over 333 Illaroo Road Bangalee and Bernie Regan Sporting Complex known as Lot 4 West Cambewarra Road North Nowra;

2. Fund all costs associated with the creation of the Easement from the Far North Collector Road Project;

3. 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.

SA21.153 Tenders - SCC Administration Building Lift No.2 Replacement

HPERM Ref: D21/208125

RECOMMENDATION

That:

1. Council note that no conforming tender submissions were received.

2. In accordance with Regulation 178(3)(e) of the Local Government (General) Regulation 2005, Council commences negotiations with industry leading companies with a view to enter into a contract for the Replacement of the SCC Administration Building Lift No.2.

3. Council authorise the CEO (Director City Services) to negotiate and execute the contract documents and any other associated documents on behalf of Council in accordance with cl 165 of the Local Government Regulation.

SA21.157 Ratepayer Advance - Kerb & Gutter Construction - Tomerong Street Currarong

HPERM Ref: D21/157236

RECOMMENDATION

That Council enter into a Ratepayers Advance Agreement, executed under the Seal of Council with:

1. M S North of 1 Tomerong Street, Currarong in respect of Kerb and Gutter construction to the value of $22,982.64 (advance) of which $7,322.90 (excluding GST) is the contribution, $15,659.74 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $19,574.68.

2. N J & L R Cook of 17 Tomerong Street, Currarong in respect of Kerb and Gutter construction to the value of $7,213.44 (advance) of which $ 2,298.40 (excluding GST) is the contribution, $4,915.04 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $6,143.80.

3. G R & V A Rudan of 19 Tomerong Street, Currarong in respect of Kerb and Gutter construction to the value of $5,969.04 (advance) of which $1,901.90 (excluding GST) is the contribution, $4,067.14 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,083.93.

4. J C Preller of 3 Tomerong Street, Currarong in respect of Kerb and Gutter construction to the value of $7,213.44 (advance) of which $2,298.40 (excluding GST) is the contribution, $4,915.04 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $6,143.80.

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

SA21.160 Rate Payer Advance - Kerb & Gutter Installation - 24 to 38 Basin View Parade Basin View

HPERM Ref: D21/265020

RECOMMENDATION

That Council:

1. Enter into a Ratepayers Advance Agreement, executed under the Common Seal of Council with:

a. K & D McMaster of 24 Basin View Parade, Basin View in respect of kerb and gutter construction to the value of total cost $6,411.24 of which total contribution $2,039.94 is the contribution, $4,371.30 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,464.13.

b. B & Y Dawson of 28 Basin View Parade, Basin View in respect of kerb and gutter construction to the value of total cost $6,411.24 of which total contribution $2,039.94 is the contribution, $4,371.30 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,464.13.

c. D Bissell of 30 Basin View Parade, Basin View in respect of kerb and gutter construction to the value of total cost $6,411.24 of which total contribution $2,039.94 is the contribution, $4,371.30 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,464.13.

d. K & A Bedran of 224-226 President Avenue, Brighton Le Sands in respect of kerb and gutter construction to the value of total cost $6,411.24 of which total contribution $2,039.94 is the contribution, $4,371.30 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,464.13.

e. J & C Nemetz of 34 Basin View Parade, Basin View in respect of kerb and gutter construction to the value of total cost $6,411.24 of which total contribution $2,039.94 is the contribution, $4,371.30 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,464.13.

f. L & D Noonan of 230 Princes Highway, Dapto in respect of kerb and gutter construction to the value of total cost $6,811.20 of which total contribution $2,167.20 is the contribution, $4,644.00 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,805.00.

g. Basin View Cabins Pty Ltd of 19 Monserra Road, Allambie Heights in respect of kerb and gutter construction to the value of total cost $6,035.04 of which total contribution $1,920.24 is the contribution, $4,114.80 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $5,143.50.

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

SA21.161 Ratepayers Advance - Kerb & Gutter Construction 6, 10, 14, 16 Loralyn Avenue Sanctuary Point

HPERM Ref: D21/268130

RECOMMENDATION

That Council:

1. Enter into a Ratepayers Advance Agreement, executed under the Common Seal of Council with:

a. Raymond & Deborah Lloyd of 49 Broughton Street, Camden NSW 2570 in respect of kerb and gutter construction to the value of total cost $12,921.40 of which $3,169.40 is the contribution, $9,752.00 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $12,190.00 – ($242.00 for a double or additional single driveway as requested).

b. Robert & Nancy Brown of 10 Loralyn Avenue, Sanctuary Point NSW 2540 in respect of kerb and gutter construction to the value of total cost $2,650.00 of which $650.00 is the contribution, $2,000.00 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $2,500.00.

c. Rodney Green of PO Box 606, Kogarah NSW 1485 in respect of kerb and gutter construction to the value of total cost $8,077.20 of which $1,981.20 is the contribution, $6,096.00 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $7,620.00 – ($242.00 for a double or additional single driveway as requested).

d. Shirley Phillips of 16 Denise Crescent, Peakhurst NSW 2210 in respect of kerb and gutter construction to the value of $8,077.20 of which $1,981.20 is the contribution, $6,096.00 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $7,620.00.

SA21.162 Ratepayers Advance - Kerb & Gutter Construction - 123 & 125 Loralyn Avenue St Georges Basin

HPERM Ref: D21/275024

RECOMMENDATION

1. That Council:

2. Enter into a Ratepayers Advance Agreement, executed under the Common Seal of Council with:

a. S Tarlamis & C Tartamis of 90 Thornley Street, Marrickville NSW 2204 in respect of kerb and gutter construction to the value of total cost $10,200.00 of which $3,250.00 is the contribution, $6,950.00 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $8,687.50.

b. B A Albrighton & M F Albrighton of 125 Loralyn Avenue, Sanctuary Point NSW 2540 in respect of kerb and gutter construction to the value of total cost $8,568.00 of which $2,730.00 is the contribution, $5,838.00 is the loan and the amount to be repaid to the Ratepayer in 5 years at 5% interest per annum is $7,297.50.

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

SA21.163 Request - Refund DA Fees - William Campbell Foundation - DA21/1384

HPERM Ref: D21/264708

Clr Levett - less than significant non pecuniary interest declaration - remained in the room and took part in discussion and vote – his son works for the Foundation.

RECOMMENDATION

That Council:

1. In accordance with Council’s Policy POL20/11, reimburse the relevant development application fees as identified in the report for DA21/1384 lodged by William Campbell Foundation amounting to $796.45.

2. Fund the reimbursement from the City Development Directorate (CD) budget with an appropriate adjustment made to the budget at a future quarterly budget review.

SA21.169 Sanctuary Point Oval Athletics Field Improvements

HPERM Ref: D21/288289

RECOMMENDATION

That Council:

1. Contribute to the initial line marking for St Georges Basin Little Athletics summer 2021/22 season, utilising funds from the SSSF Precinct Operations (Central) budget in 2021/22;

2. Support the St Georges Basin Little Athletics Club to develop a viable strategy to manage line marking in future seasons, in line with other Shoalhaven athletics clubs and the Sportsgrounds Management Policy;

3. Implement measures to mitigate water penetration to the St Georges Basin Little Athletics shed during rain events, utilising the SSSF Central – Recreation Buildings Programmed Works budget in 2021/22;

4. Monitor field conditions at the Sanctuary Point Oval following the recent drainage works improvements works.

SA21.172 Acquisition of sewer and electrical easements - 12 Flood Street Sussex Inlet

HPERM Ref: D21/239538

RECOMMENDATION

That:

1. Council acquire the following easements over Lot 7 DP731147, No 12 Flood Avenue Sussex Inlet:

a) An Easement for Sewer Main 2.4 metres & 4 metres wide highlighted yellow & marked ‘S’ on the attached draft survey plan, and

b) An Easement for Electrical Purposes 2.4 metres & 4 metres wide edged red & marked ‘E’ on the attached draft survey plan,

2. Council pay compensation of $6,000, plus GST if applicable, and reasonable legal costs associated with the acquisitions 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.

SA21.173 Acquisition of Easement for Sewer Pipeline - Lot 3 DP505763 at Terara

HPERM Ref: D21/240910

RECOMMENDATION

That:

1. Council acquire the following easements over Lot 3 DP505763, Terara Road Terara:

a. An Easement for Sewer Pipeline 4 metres wide highlighted pink & marked ‘S’ on the attached easement acquisition plan DP1270293, and

b. An Easement for Sewer Pipeline 6 metres wide highlighted yellow & marked ‘S2’ on the attached easement acquisition plan DP1270293.

2. Council pay compensation of $19,500, plus GST if applicable, and reasonable legal and valuation costs associated with the acquisition 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.

Ordinary Meeting – Tuesday 27 July 2021

Page 0

CL21.153 Investment Report - June 2021

HPERM Ref: D21/302419

Department: Finance

Approver: Kevin Voegt, Director - City Performance

Attachments: 1. Monthly Investment Report - Shoalhaven City Council - June 2021 (under separate cover) ⇨

Reason for Report

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

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

Recommendation

That:

1. The report of the Chief Executive Officer (City Performance) on the Record of Investments for the period to 30 June 2021 be received for information.

2. Council note that Council’s Investment Portfolio returned 1.42% per annum for the month of June 2021, exceeding the benchmark AusBond Bank Bill Index (0.04% pa) by 138 basis points (1.38%).

Options

1. The report on the Record of Investments for the period to 30 June 2021 be received for information.

Implications: Nil

2. Further information regarding the Record of Investments for the period to 30 June 2021 be requested.

Implications: Nil

3. The report of the Record of Investments for the period to 30 June 2021 to be received for information, with any changes requested for the Record of Investments to be reflected in the report for the period to 31 July 2021.

Implications: Nil

Background

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

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

Portfolio Return

Council’s Investment Portfolio returned 1.42% per annum for the month of June 2021, exceeding the benchmark AusBond Bank Bill Index (0.04% p.a) by 138 basis points (1.38%).

Council’s relative outperformance expanded through the falling rate cycle mainly due to longer dated deposits with yields around 1.4%, which is far above any available deposit.

The outperformance of Council’s Investment Portfolio in June is also due to above average return on the TCorp Long-Term Growth Fund.

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

Interest Earned – June 2021

The following table shows the interest earned for the month of June 2021. The interest earned for the month of June was $239,586 which was $28,599 above the current budget.

Fund	Monthly Budget	Actual Earned	Difference	Revised Budget	Revised Difference
General	$192,411	$117,004	($75,407)	$126,658	($9,653)
Water	$62,137	$74,357	$12,220	$58,849	$15,508
Sewer	$29,534	$48,225	$18,690	$25,479	$22,745
Total	$284,082	$239,586	($44,496)	$210,986	$28,599

Interest Earned - Year to Date

The COVID-19 pandemic has subsequently reduced Council’s cash balance, which has resulted in a lower interest income than was budgeted for in the General Fund. In addition, the official cash rate is at a historic low of 0.1%.

The September, December and March Quarterly Budget Reviews resulted in a reduction in the interest income budget for the General Fund for the first, second and third quarters. The impact of these events on interest revenue continues to be monitored with the necessary adjustments to be reported in the end of the year budget report.

The following table shows how the actual amount of interest earned year to date has performed against the total budget forecast. The interest earned to the month of June was $2,396,062, which is 93.34% of the current full year budget.

Fund	Original Total Annual Budget	Actual YTD	% Achieved	Revised Budget	Revised %
General	$2,341,000	$1,268,042	54.17%	$1,541,000	82.29%
Water	$756,000	$694,982	91.93%	$716,000	97.06%
Sewer	$359,333	$433,038	120.51%	$310,000	139.69%
Total	$3,456,333	$2,396,062	69.32%	$2,567,000	93.34%

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

Cash and Restricted Assets

RECORD OF INVESTMENTS
Cash and Investment Balances
	June 2021	May 2021
Cash and Investments Held	$	$
Cash at Bank - Transactional Account	4,670,760	9,947,544
Cash on Hand	27,190	27,190
Other Cash and Investments	213,883,393	169,789,009
	218,581,343	179,763,743
Fair Value Adjustment	493,350	487,917
Bank Reconciliation	(30,248)	257,021
	463,102	744,938
Book Value of Cash and Investments	219,044,445	180,508,681
Less Cash & Investments Held in Relation to Restricted Assets
Employee Leave Entitlements	7,923,913	7,923,913
Land Decontamination	318,600	381,192
Critical Asset Compliance	1,167,489	1,428,939
Other Internal Reserves	3,684,480	4,330,375
Section 7.11 Matching Funds	311,169	311,169
Industrial Land Development Reserve	4,379,392	2,744,711
Plant Replacement	4,061,425	4,443,531
S7.11 Recoupment	19,629,618	17,293,084
Commitment To Capital Works	1,565,367	1,787,843
Total Internally Restricted (A)	43,041,453	40,644,757
Loan – General fund	41,421,635
Self-Insurance Liability	2,880,000	2,208,277
Grant reserve	3,353,020	3,537,935
Section 7.11	15,203,463	15,577,308
Special Rate Variation	4,106,624	5,377,916
Storm Water Levy	741,736	1,110,076
Trust - Mayors Relief Fund	161,348	140,599
Trust - General Trust	2,872,957	2,876,133
Waste Disposal	8,389,028	12,877,200
Sewer Fund	24,414,799	32,367,495
Sewer Plant Fund	3,995,408	3,937,518
Section 64 Water	21,813,205	21,186,878
Water Fund	30,597,214	28,051,623
Water Communication Towers	2,319,016	2,329,289
Water Plant Fund	5,113,386	4,410,586
Total Externally Restricted (B)	167,382,839	135,988,832
Total Restricted (A + B)	210,424,292	176,633,590
Unrestricted Cash and Investments	8,620,153	3,875,091

Restricted Asset Movements

The table below lists the major movements in Restricted Assets:

Total Cash	+38,535,764	Total cash increase is a net of rates instalment received from rate and expenditure on capital projects.
Other Internal Reserves	-645,895	Expenditure on Woollamia Pontoon wharf and Woollamia Boat facility funded by Economic Development Projects Reserve.
Industrial Land Development Reserve	+1,634,681	Proceeds from the sale of Woollamia Industrial land transferred to Industrial Land Reserve.
S7.11 Recoupment	+2,336,534	Annual allocation of development contributions to the reserve plus funds returned back previously used to temporary fund projects instead of loans.
Loan – General fund	+41,421,635	Receipt of loan from NSW TCorp offset by expenditure on Capital Projects.
Grant reserve	184,915	Delivery of multiple grant funded projects.
Waste disposal	-4,488,172	Purchase of Ecosystem credits. Expenditure on Glass recycling plant and recyclable processing services at West Nowra.
Sewer Fund	-7,952,696	Dividend payment to General fund. Payment of Interest on the loan. Overhead transfer of funds between General fund and Sewer Fund. Administrative transfer of funds between Water fund & Sewer fund. Expenditure on Capital project - Nowra St Anns Street & Lyrebird Rising Mains. Expenditure on Capital project - SPS Emergency storage upgrade program.
Water fund	2,545,591	Administrative transfer of funds between Water fund & Sewer fund.
Unrestricted cash	4,745,062	Receipts of instalments from rate payers.

Long Term Growth Fund

To optimise the return on investments in a low interest rate environment, Council has invested $20m in the TCorp Long-Term Growth Fund on 22 June 2021.

The structure and expected return on TCorp Long-Term Growth Fund was presented to Councillors at the Councillor briefing on 25 May by Andrew Vallner from CPG. TCorp Long-Term Growth Fund is specifically designed to meet the needs of New South Wales Public Sector clients by providing access to investments with a high return potential over the long term at minimal risk.

In June, Council’s Investment in TCorp Long-Term Growth Fund had a gain of $70,670 or 0.35% (since the investment date – 22 June 2021) and this has been reported as part of the total investment income for June 2021.

COVID-19 Impact

As of 1 July 2021, 9.69% of properties (5,710) were in default compared to 12.38% as reported on 31 May 2021. The outstanding balance decreased from $7.3 million in May to $5.2 million at the end of June 2021. This shows an improvement in outstanding rates and the outstanding balance is expected to further reduce by the end of July 2021, as reminder notices have now been sent to Rate Payers.

Liquidity Indicators

In accordance with the Liquidity Contingency Plan presented to Council on 29 May 2021, the following liquidity indicators were included in the monthly Investment Report which will further enhance the transparency of Councils financial reporting.

All liquidity ratios remain above the benchmark and Council remains in a sound financial position.

The Unrestricted Current Ratio is an indicator used to assess the adequacy of working capital and its ability to satisfy obligations in the short term for the unrestricted activities of Council.

The ratio remains above the benchmark as at the end of June 2021 for all funds.

Unrestricted Current Ratio =

(Current Assets less all external restrictions) / (Current Liabilities less specific purpose liabilities)

Cash Expense Cover Ratio indicates the number of months a Council can continue paying for its immediate expenses without additional cash inflow.

The ratio remains above the benchmark of 3 months as at the end of June for all funds.

Cash expense cover ratio =

(Cash equivalents, TDs and FRNs x 12) / (Payments from cash flow of operating and financing activities)

Cash Expense Cover Ratio Excluding External Restrictions takes the OLG calculation for the Cash Expense Cover Ratio and removes external restrictions to represent the amount of months Council can continue paying for its immediate expenses without resorting to external restrictions.

The ratio remains above the benchmark of 3 months as at the end of June for all funds.

Unrestricted Cash is calculated as a total Cash and Investments, less external and Internal restrictions.

The unrestricted cash balance remains above the benchmark as at the end of June 2021 for all funds.

The benchmark is set up at 3% of budgeted cash outflows (excluding investment purchases and expenditures funded by reserves).

Financial Implications

Covid-19 has applied some pressure to Councils financial position, however despite this, Councils financial position is operating in a sound manner based on the current cash position and liquidity ratios. It is also noted that revenue from interest earned forms a vital part of Council’s revenue stream.

Statement by Responsible Accounting Officer

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

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Olena Tulubinska Date: 18 July 2021

Ordinary Meeting – Tuesday 27 July 2021

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CL21.154 Progress Report, Jervis Bay Regional Boat Ramp Master Plan (Option H) - Boat Maintenance Facility at Woollamia

HPERM Ref: D21/296105

Department: Economic Development

Approver: Robert Domm, Director - City Futures

Attachments: 1. Woollamia Boat Ramp Master Plan - Overview of Projects - May 2021 (under separate cover) ⇨

2. Woollamia Boat Maintenance Facility - Councillor Briefing - 15 July 2021 (under separate cover) ⇨

Reason for Report

This report is being submitted directly to the Ordinary Meeting following a Councillor Briefing held on 15 July 2021. The Briefing followed on from an onsite Councillor presentation on Monday 29 March at the Jervis Bay Regional Boating Facility and a report to the 20 June 2021 meeting of the Strategy & Assets Committee.

Recommendation

That Council:

1. Receive the Progress Report, Jervis Bay Regional Boat Ramp Master Plan (Option H) - Boat Maintenance Facility at Woollamia.

2. Continue to construct and commission the Boat Maintenance Facility in accordance with the Jervis Bay Regional Boat Ramp Master Plan (Option H).

3. Lease to a qualified operator the Boat Maintenance Facility on terms acceptable to the Chief Executive Officer and authorise the execution of the lease.

Options

1. Adopt the resolution as written.

Implications: Allows the Boat Maintenance Facility to be completed and made operational in accordance with the Grant Deed that Council entered into with the Australian Government and will complete another element of the Jervis Bay Regional Boat Ramp Master Plan (Option H)

2. Adopt an alternate resolution.

Implications: Depending on the wording, the facility may not be deemed completed by the Australian Government, and all grant monies will need to be returned.

Background

A briefing of Councillors was conducted on 29 March 2021 onsite at Woollamia Boat Ramp with several senior staff in attendance, including the Economic Development Manager who made the presentation. The presentation is at Attachment 1.

The presentation covered the following projects:

· Boat Maintenance Area

· Loading Wharf

· New Carpark

· Pontoons (west)

· Boat Ramp Toe repairs

· Reconfiguration of the boat preparation area.

The locality of each of the projects is shown on the plan below on the Council adopted Jervis Bay Regional Boating Facility Master Plan version H adopted on 25 February 2020.

At the presentation there were representatives of the Woollamia Boat Ramp Advisory Committee, representatives of some marine service businesses, and some local residents. The main issue of contention was the Minor Boat Maintenance Facility.

Subsequent to this a report was submitted to the June meeting of the Strategy and Assets Committee but it was deferred and a further Councillor Briefing was requested.

This Briefing was held on 15 July 2021. The briefing presentation is available as Attachment 2. (Note: Videos will not operate from the attached presentation.) Videos can be viewed at:

· https://youtu.be/gbAABJbTV7U (may take a minute or so to load)

· Roodberg HBC20 SDHD 4HP HKS - YouTube (may take a minute or so to load)

History of Minor Boat Maintenance Facility

The need for improvements to boat maintenance facilities within the Jervis Bay area has been identified by Shoalhaven City Council for many years. The current lack of facilities within Jervis Bay means that vessels are either not regularly maintained and/or there is a loss of productive time and resources as craft need to sail or motor to Sydney (or other locations) where maintenance activities can be carried out and the mandatory government inspections are performed. This period can be as long as 10 days.

There are approximately 100 craft moored within Jervis Bay that require regular routine maintenance and annual survey. The transfer of these craft to Sydney is weather dependent and needs to align with the availability of a dockyard and marine surveyor.

The benefit of the provision of proposed maintenance facility means:

· that there will be a more regular workload for local shipwrights and other marine service contractors – engines, upholstery, sails, hydraulics, etc.

· that watercraft will be maintained more regularly and in a more seaworthy condition

· more craft will be attracted to Jervis Bay to operate tourism activities

· less downtime will be scheduled for vessel transfer to Sydney

· safety risks associated with travelling to Sydney is eliminated.

Because of the unregulated boat maintenance activities that occurred at the site, the new facility with its proposed environmental controls would also provide numerous environmental benefits, such as the reduction of anti-fouling waste contamination of the site, runoff to adjacent wetland and Currambene Creek.

In a report by consultants Royal HaskoningDHV (2017) it was found:

Council have identified the following issues with the current operation of the Woollamia Regional Boat Ramp

· Occupation and use of Council land without consent (for minor boat repairs).

· Insurance / safety issues due to use of cranes.

· Development without consent – commercial boat repairs being carried out on reserves.

· Environmental impacts from anti-fouling and boat maintenance by both contractors and boat owners.

· Risk of Council-managed land becoming a contaminated site.

· Contamination of adjacent lands and watercourses.

The proposed activity shall address these issues.

As has been commenced, the boat maintenance facility is being constructed in the south-eastern corner of the Jervis Bay Regional Boat Ramp Facility. The area formerly comprised car parking but predominantly the area is maintained by Council as an open grassy area with low level picnic facilities (single picnic table and bins). It is regularly mown.

The site contained approximately 16 Swamp Oak Casuarina glauca which have been removed to construct the facility.

The area had been used for overflow carparking, picnicking, and social gatherings. The site was also used for unauthorised activities such as boat maintenance and campervan overnight stays.

A road with trees on either side

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The first photo above shows the area prior to construction of the facility looking from the west to east showing the swamp oaks that have been removed. The second photo shows the area of the proposed facility showing swamp oaks and picnic table that have been removed.

The first picture below shows an example of the maintenance of boats at the site that have led to the presence of biofouling material at the location of the proposed activity. The adjacent picture shows waste from anti-fouling work evident in the area of the proposed activity from previous work on vessels.

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The site is adjacent to Coastal Wetlands and without capturing any runoff, the material would find its way into this area.

Other operating concerns identified were:

· Need for compliance with the NSW Pesticides Act 1999

· NSW Protection of the Environment Operations Act 1997

The facility being developed comprises a concreted graded base encapsulated within bunded edges which runs to a sump and collection pit. The material in the collection pit is transferred by pump to tanks where the solid materials separate out and will be transferred to a trade waste facility. There is an area upon the concrete apron to place storage containers for equipment and tools to be used by the operator of the facility. Storage for a tractor and boat lift trailer will also be required within the compound. The area is to be fenced for security, safety and WH&S purposes.

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It is anticipated that the compound will hold between 4-7 vessels, depending on size and the key to the operation will be quick turnaround of craft with a typical stay being 24-48-72 hours.

Generally, the proposed activity would be undertaken within the existing footprint of the Woollamia Regional Boat Ramp facility.

The proposed activity will substantially transform an area which was a managed (mown/slashed) Swamp Oak forest area to a fenced hardstand surface with storage container and pollution controls. The reserve however is gazetted as a car park and has been used as a boat facility for around 30 years. The proposed activity is considered consistent with the current nature and use of the area.

The key to the quick retrieval of craft for the maintenance area is to have the correct equipment. As part of the grant received by Council from the Australian Government a specialist trailer was to be purchased with the facility operator providing a tractor.

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It is the intention that the facility will be leased to a qualified operator who would undertake the maintenance activities including cleaning of hulls, antifouling, and maintenance of the craft, and arrange any other services needed - engine maintenance, marine survey etc.

The process of identifying a qualified business operator for the facility commenced in 2019 when a public Expression of Interest process was implemented by Council and from this, negotiations are continuing with the preferred local operator. Once all of the factors relating to the operational lease have been negotiated between Council and the tenant these will be encapsulated into the appropriate legal arrangement.

Matters relating to operation, service and maintenance of equipment, emission of noise or odours, hours of operation, will be included within any lease.

The existing business operations working out of the Woollamia Industrial Estate will be able to continue in the same way in which they operate currently for the overhauls and maintenance regimes that are usually for a longer term. In fact, with the improved crane/loading platform the retrieval of the larger craft should be easier.

Community Consultation

Over the development of the Jervis Bay Regional Boat Ramp Master Plan, including the Boat Maintenance Facility, there were several public and private stakeholder consultation sessions. The earliest of these dates back to 2016.

In the working up of the Master Plan (version H) there were meetings onsite and within Council and the Plan was revised several times.

Minutes of these consultations verify that from as early as September 2017 the Boat Maintenance Facility was part of the Master Plan including it being fully fenced and operated by a contracted shipwright.

Council formed a S355 Committee, Woollamia Maritime Precinct Management Committee, comprising a range of people with both commercial and recreational interests as well as residential representatives. The Committee has held four regular meetings and is working to the Master Plan (Version H) without any motions to the contrary, with issues regarding signage for parking, vessel tying up signage, amenities etc. being the main topics of interest.

It would appear from feedback to Council that individual vested interests have more recently been lobbying against the Boat Maintenance Facility and specifically the boat lift trailer, contrary to the resolved position of the Committee.

At its June 2021 meeting the Management Committee resolved that:

The Woollamia Boat Ramp Precinct Management Committee fully endorses all elements within the Jervis Bay Regional Boat Ramp Precinct Management Plan (option H) including:

A. The Minor Repair Boat Maintenance Facility at the southern end of the precinct that involves:

1. Hardstand area with services and sediment control system

2. Perimeter fencing of the facility

3. The facility will be leased by Council to a third party who will be a shipwright (qualified entity)

Summary

The locality affected by the proposed activity is an existing regional boat ramp facility in a natural bushland landscape, but also adjacent to residential area and recreational waterway. The locality would essentially remain the same.

The proposed activity will improve safety for recreational boating in Currambene Creek waterway and Jervis Bay.

Way Forward

What is involved to finish the Boat Maintenance Facility & render it operational?

· Hardstand area with services – water & power – completed

· Environmental controls and bunding – completed

· Sedment capture and disposal system – completed

· Fencing for security, WH&S, insurance – incomplete – Finish by Oct 2021

o This element has always been part of the proposal

· Storage containers for equipment & office – not commenced– Finish Oct 2021

· Landscaping for screening - not commenced – Finish in November 2021

· Roodberg 20t trailer – manufactured but not yet delivered – Arrives Nov 2021

· Lease to shipwright – selected from EoI process conducted in mid 2020

o Manage all issues - noise, spray drift, odours, chemicals etc

o Supply of Tractor for towing & operating trailer

o Leased & Operating in November 2021

Community Engagement

Through the consultative process of the Master Plan there has been an extensive engagement with the various stakeholders over several years

Policy Implications

This Boat Maintenance Facility will eliminate the operations previously operating in a less than desirable environmental manner and provide a means of quickly retrieving vessels from the water for basic and essential maintenance.

Financial Implications

Council has secured grant funding of $180,000 towards the maintenance area and the trailer. If Council was not to deliver this project in full, the grant would need to be returned and forfeited.

Risk Implications

The retrieval and maintenance of vessels is an area that necessitates adequate insurances and care. By engaging a qualified person and providing adequate facilities and equipment this risk is being managed.

Ordinary Meeting – Tuesday 27 July 2021

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CL21.155 Shoalhaven Business Chamber and Shoalhaven City Council Memorandum of Understanding

HPERM Ref: D21/299842

Department: Economic Development

Approver: Stephen Dunshea, Chief Executive Officer

Attachments: 1. Draft MoU with Shoalhaven Business Chamber 2021/22; 2022/23; 2023/24 ⇩

2. Existing MoU with Shoalhaven Business Chamber ending 30/6/2021 ⇩

3. Request by Shoalhaven Business Chamber for increased funding under MoU ⇩

Reason for Report

The Shoalhaven Business Chamber has requested an increase in funding allocation under the Memorandum of Understanding to be entered into for the next 3 years. The report is being submitted directly to the Ordinary Meeting due to time constraints prior to the 2021 Shoalhaven Business Awards.

Recommendation

That Council:

1. Enter into a new three year Memorandum of Understanding (MoU) with the Shoalhaven Business Chamber to cover the period 2021/22; 2022/23 and 2023/24, with terms set out in this report for a sum of $50,000 per annum.

2. Increase the Economic Development budget by $10,000pa to accommodate the requirements of the new MoU with the Shoalhaven Business Chamber at the next Budget Quarterly Review

Options

1. The recommendation is accepted as written.

Implications: The Shoalhaven Business Chamber will deliver outputs as described in the new MoU

2. An alternative recommendation be proposed.

Implications: Shoalhaven City Council and the Shoalhaven Business Chamber have an existing MoU in place which expired on the 30/6/2021. The Shoalhaven Business Chamber will have the option to continue with the current MoU or terminate the current arrangement.

Background

The MoU that is in place between the Shoalhaven Business Chamber and Shoalhaven City Council consists broadly of two key outputs, being the delivery of the Shoalhaven Business Awards and the delivery of a series of business networking, training and / or educational activities.

The Shoalhaven Business Awards have been held annually since 1985, apart from 2020 where the awards were cancelled due to COVID. The awards are a celebration of our local businesses and their contribution to the economy of the Shoalhaven. In 2010, the Shoalhaven Business Chamber applied to Council to deliver the awards. The Shoalhaven Business Awards, coordinated by the Shoalhaven Business Chamber, have been very successful and is the business event of the year.

The Shoalhaven Business Chamber is responsive to the needs of the business community and have developed a business training and networking program as part of the current MoU.

The previous MoU was for a three-year period and expired 30 June 2021. Under the terms of the MoU Shoalhaven City Council provided the Shoalhaven Business Chamber with $40K per annum to deliver the following:

· Shoalhaven Business Awards (funding allocation $26,000 GST exclusive)

· Business development/support events (funding allocation $14,000 GST exclusive)

The Shoalhaven Business Awards, as part of the MoU, are held annually at the Shoalhaven Entertainment Centre. Venue hire and staffing costs have been increasing annually and this request to increase the value of the MoU is in response to increasing costs associated with running this event.

The Economic Development Office supports this proposal to allocate $30,000 in “sponsorship” of the Shoalhaven Business Awards as this money is used to cover the costs of SEC (Council) staff and the hire of the Shoalhaven Entertainment Centre.

The SBC have continued to deliver business training and networking events during the term of the previous MoU. Funding provided by the MoU has supported the establishment and development of the Women in Business networking group and the Lunch and Learn series. At all of these events the SBC acknowledge that they are made possible in partnership with Shoalhaven City Council.

The Women in Business networking group and the Lunch and Learn series have been extremely popular and generally well attended. The Shoalhaven Business Chamber would like to continue to deliver this type of business support.

The previous couple of years have been trying, to say the least, for certain sectors of our business community. Economic impacts of bushfire, floods and Covid have taken their toll. During this time the SBC has continued to support local business through direct training and networking opportunities as well as disseminating valuable information about government support and recovery. The SBC continually advocates on behalf of 8,000 local businesses. Increased funding for business networking and training would enable the Chamber to reach and support more local businesses. It should be noted that under the terms of the MoU business networking and training delivered in partnership with Shoalhaven City Council is open to all Shoalhaven businesses, not just SBC members.

It is proposed under the new MoU that the Shoalhaven Business Chamber will receive $20,000 (GST exclusive) from Shoalhaven City Council to continue to support and grow the Women in Business networking group with five (5) events per annum and deliver six (6) Lunch and Learn events per annum. In acknowledgement of Council’s support both the Lunch and Learn series and the Women in Business will be branded with “Shoalhaven Business Chamber, in partnership with Shoalhaven City Council”.

The funding requested by the Shoalhaven Business Chamber from Shoalhaven City Council under the proposed MoU is to increase from $40,000 per annum to $50,000 per annum (GST exclusive) for the financial years of 2021/2022, 2022/2023 and 2023/2024 reflective of increased costs of the Shoalhaven Business Awards and increased needs throughout the Shoalhaven business community. It is also of relevance to note that the level of funding provided to the SBC has remained at $40,000 since 2016/2017.

The request by the Shoalhaven Business Chamber is attached. A copy of the draft MoU is attached as is the previous MoU.

Financial Implications

It is important to note that the SBC did not receive $26,000 in 2020 under the previous MoU for the running of the 2020 Shoalhaven Business Awards as these were cancelled due to Covid. The $26,000 allocation remained with Council and was returned to the General Fund from the ED budget.

Ordinary Meeting – Tuesday 27 July 2021

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SA21.146 Proposed Road Closure & Sale - Unnamed Road Off Woodburn Road Morton

HPERM Ref: D21/156342

Department: Technical Services

Approver: Paul Keech, Director - City Services

Attachments: 1. Area of proposed road Closure - Off Woodburn Rd Morton ⇩

2. Public Notice ⇩

3. Signed Letter of Acceptance - Road Closure - Council Sale to adjoining owner ⇩

Reason for Report

This item was deferred from the Strategy and Assets Committee 20 July 2021.

This report provides Council with an opportunity to consider approving the closure and sale of the unnamed road having access off Woodburn Road, Morton adjoining Lot 5 DP 705574, Lots 1 & 2 DP 791631 as shown in Attachment 1 (D20/422440).

Recommendation

That Council:

1. Close the unnamed road off Woodburn Road Morton, being approximately 7,500m² as shown in attachment 1 (D20/422440), by a notice published in the Government Gazette;

2. Authorise the sale of the closed road to the adjoining property owner for $9,000 excluding GST (if applicable) with the proceeds from the sale to be allocated to the Property Reserve;

3. Require all costs associated with the road closure and sale to be borne by the adjoining property owner.

4. Authorises 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: Council will receive the nominated financial compensation and the closed road reserve would be sold to the adjoining landowner. While public vehicular access would be able to be prevented by the owner in the form of a gate, the right of footway cannot be obstructed by a locked gate or any other structure restricting pedestrian access.

2. Not resolve to close the road

Implications: The responsibilities for maintenance of the surplus road reserve will remain in Council ownership and financial responsibility.

Background

In March 2020, Council received a request to close and purchase part of a surplus road reserve by the owners of 141C Woodburn Rd Morton.

A road status search revealed the road reserve is a Public Council Road under the Police Offences Act 1901 and will vest in Council upon closure.

The road reserve commences at the western end, off Woodburn Road, traversing the land to a closed Crown Road Reserve that is now in the ownership of the applicant. The properties on either side of the proposed road closure are owned by the applicant.

Figure 1 shows the ownership and property access relevant to the proposed road closure.

Figure 1

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The portion of road reserve is not used by the general public for vehicular access although it does currently adjoin the Right of Footway to the National Park and contains Endeavour Energy overhead powerlines. The Right of Footway is currently not marked or cleared of vegetation. A condition of a Right of Footway easement is that the landowner must not restrict access by pedestrians (i.e. can not have a locked gate or any other structure restricting pedestrian access).

Lot 3 DP 791631 (blue hatch in Figure 2 below, purple hatch in Figure 1) shares a point of intersection on the south-eastern corner of the road reserve; however it does not currently have a shared boundary to enable access from the road reserve in question. Access to Lot 3 DP 791631 is currently via adjoining lots to the west and south owned by the same landowner. Therefore, closure of the road reserve will not impact the current owner’s access to Lot 3 DP 791631.

Figure 2

Objections to the road closure and proposed conditions that would be required for the objection to be withdrawn are shown below.

· SCC – Land Management Unit – Requires a right of footway to access Morton National Park

· SCC – Strategic Planning Department – Requires a right of footway to access Morton National Park

· Endeavor Energy requires an easement 9m wide centred on the existing overhead powerlines

· Endeavor Energy requires an easement for overhead powerlines of variable width

The applicant has agreed to the above conditions and as part of the closure a Right of Footway and an Easement for powerlines will be created. The abovementioned proposed easements are indicated in Figure 1.

Upon closure, the road reserve will be sold to the adjoining property owners for a sum of $9,000 excluding GST (if applicable) as recommended in the valuation report by Walsh and Monaghan Valuers dated 30 November 2020. Those owners have agreed via email dated 19 May 2021 (D21/224031) to pay the compensation amount and all associated costs with the road closure and sale.

Community Engagement

In accordance with The Roads Act 1993, Council notified all adjoining landowners and Notifiable Authorities. An advertisement was placed in the Milton Ulladulla Times on 14 October 2020 allowing 28 days for submissions.

An objection was received from Endeavour Energy with a requirement to create easements over Endeavour Energy infrastructure.

The owner of Lot 3 DP791631 was notified of the proposed road closure via letter on 1 October 2020 in addition to advertising in the Milton Ulladulla Times on 14 October 2020. No responses were received.

Financial Implications

Council will receive compensation in the amount of $9,000 excluding GST (if applicable) as determined by the Valuation prepared by Walsh and Monaghan Valuer dated 30 November 2020. Council will no longer be financially and operationally responsible for the maintenance and upkeep of the road reserve.

All costs associated with the Road Closure process and sale are payable by the applicant at no cost to Council.

Risk Implications

Nil.

Ordinary Meeting – Tuesday 27 July 2021

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CL21.156 Variations to Development Standards - June Quarter 2021

HPERM Ref: D21/272578

Department: Development Services

Approver: Phil Costello, Director - City Development

Reason for Report

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

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

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

Recommendation

That Council receive the Variations to Development Standards – June Quarter Report 2021 for information.

Options

1. Receive the report for information.

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

2. Resolve an alternative and provide details to staff.

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

Background

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

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

A link to the circular can be found here.

Procedural and reporting requirements

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

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

· An online register of all variations to be maintained.

· A report must be submitted through the Portal.

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

Audit

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

It is noted that the application has been the subject of ICAC investigations (amongst other things) referred to as Operation Dasha. More information is available here. The Department is currently reviewing the application of clause 4.6.

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

Conclusion

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

The variations are provided to the Department in the form of a spreadsheet and are published as soon as possible after the quarter has ended.

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

1. Table – Variations March Quarter 2021

DA	Lot	DP	Street #	Street Name	Suburb	Post Code	Description	Standard Varied	Extent of Variation	Decision	Date
DA20/1970	2	1077521	1178	Comerong Island Rd	Numbaa	2540	Industrial	Height	36.35%%	Conditional Approval	11/05/21

Ordinary Meeting – Tuesday 27 July 2021

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CL21.157 Progress / Status Update - Access Areas for Dogs Policy Review

HPERM Ref: D21/179931

Department: Community Planning & Projects

Approver: Jane Lewis, Director - City Lifestyles

Reason for Report

This report is being submitted directly to the Ordinary Meeting as per the resolution from Council’s Ordinary meeting on 23 February 2021 (MIN21.92). This report is to provide Council with a status update on the progress of the Access Areas for Dogs Policy review.

Recommendation

That Council:

1. Receive this report as a status update on the progress of the Access Areas for Dogs Policy review for information.

2. Receive a future report on the revised Access Areas for Dogs Policy, which will seek a Council resolution to place a revised draft Access Areas for Dogs Policy document on public exhibition.

Options

1. Adopt the recommendation.

Implications: This is in accordance with Council’s resolution (MIN.21.92) as it provides a status report to Council on the Access Areas for Dogs Policy Review. A detailed report will be provided back to Council at such a time the revised Policy and Guide have been drafted, which will seek Council’s endorsement to proceed to public exhibition and undertake further community engagement and consultation.

2. Adopt an alternate recommendation.

Implications: This will not be in accordance with past Council resolutions and the community’s expectations. Council will need to provide direction on further actions and responsibilities in relation to the Policy Review.

Background

Shoalhaven City Council’s Access Areas for Dogs Policy and Dog Off-Leash Guide provides dog owners who utilise the public domain in the Shoalhaven Local Government Area (LGA) with conduct guidelines set out by Council in line with the Companion Animals Act 1998.

The identified purpose of Council’s Access Areas for Dogs Policy [POL16/173] is:

“to provide dog owners with public domain conduct guidelines as well as to define off-leash, on-leash and prohibited dogs areas for land and assets within the ownership, management, care and control of Council.”

Council’s policies are subject to review every four years in line with the Local Government election cycle. With the postponement of the Local Government elections in 2020 due to COVID-19, the comprehensive review of the Access Areas for Dogs Policy is now being undertaken.

At Council’s Ordinary Meeting in February 2021 Min21.92 it was adopted:

“That a Preliminary report on the progress of the Access Areas for Dogs Policy review and a status update on progress to be provided to the July Ordinary Meeting of Council”.

On 20 May 2021, a Councillor briefing was held in relation to the review of the Access Areas for Dogs Policy. The proposed methodology of the review was presented to the Councillors attending the briefing who provided their support towards the review and the proposed methodology.

The outcome of the revised Policy will aim to improve the overall Policy operation with regard to the approach to dogs in the public domain and encourage greater awareness for our community and visitors of the relevant requirements for dogs that apply to the area which they are using.

Project Team

The Project Team is comprised of staff from Council’s Community Planning and Projects Social Infrastructure Planning Team and Ranger Services, as both have responsibilities in the implementation and enforcement of the Policy.

As such, a coordinated approach through a Project Control Group (PCG) has been taken with Social Infrastructure Planners and Rangers collaborating and working in partnership on the Access Areas for Dogs Policy Review.

Preliminary Tasks

The PCG identified preliminary tasks required to be undertaken as part of the Policy Review. To date, the following have been completed:

· Determine a Project Methodology;

· Identification of key objectives, opportunities and considerations;

· Desktop review of current Policy and Guide to identify key issues and inconsistencies;

· Audit of all existing dog signage within Shoalhaven LGA that shows a photograph of the sign along with its location on a map; and

· Engagement of independent consultant to provide professional facilitation and support throughout the initial Community Consultation process for the Access Areas for Dogs Policy Review.

Engagement of Consultant

Due to the high levels of interest and diversity of community views an external independent professional specialising in facilitation was engaged to undertake the community consultation with the focus groups and key stakeholders. This approach was adopted to provide rigour and assurance to the community that an objective and transparent process is being undertaken.

Council’s Social Infrastructure Planning Team prepared a Targeted Quotation in accordance with Council’s procurement procedures, to engage an experienced and independent professional to undertake the Community Consultation phase of the Policy Review.

It was outlined in the scope of works that the Consultant would provide professional facilitation and support services throughout the Community Consultation phase to ensure stakeholder concerns are able to be raised and considered and that the engagement sessions are conducted in a respectful and a constructive manner.

Council staff undertook independent research to identify potential candidates that would be well placed and appropriately skilled and experienced to undertake the scope of works as outlined in the brief.

The shortlist of candidates were identified through an assessment on skills, location, and previous experience. At the completion of the process, Council staff reviewed the quotations received with an evaluation considering the following factors:

· Price Score;

· Relevant Experience;

· Understanding the Brief;

· Suitability of Personnel;

· Team Structure and Capacity;

· Proposed Methodology

· Timeframe; and

· Quality Control.

Based on the evaluation undertaken, Gauge Consulting was identified as the preferred consultant. The Project Control Group (PCG) for Council’s Access Areas for Dogs Policy Review conducted further reference checks on the preferred consultant, and as a result, Gauge Consulting was engaged to provide professional facilitation and support services throughout the Community Consultation phase of the Policy Review.

Community Engagement

The Policy review involves extensive community engagement which will inform Council’s approach to the revised Access Areas for Dogs Policy and Guide. The Policy review process has been designed to offer multiple opportunities for the community to provide feedback.

Varying forms of engagement are being utilised (listed below), with experiences, views and feedback being sought from all who use public space within the City of Shoalhaven.

· Internal Stakeholder Workshop with relevant Council Departments / teams;

· External Stakeholder Workshops with representatives from key government bodies and relevant external agencies;

· Community Working Group Focus Group Workshops;

· Community Survey;

· Public Drop-In Sessions;

· Written Submissions.

Community Engagement Methodology

Council staff and Gauge Consulting worked together to finalise the Community Engagement Methodology for the initial Community Consultation phase. The methodology was designed to provide opportunities for those with diverse views to build empathy and common ground for each other’s concerns and constructively discuss possible shared ways forward.

As part of the methodology, all Shoalhaven City Councillors were invited to participate in a one-on-one discussion with the Consultant to share their thoughts and aspirations of the Policy Review. Four (4) Councillors participated in these discussions with the Consultant.

An overview of the Community Consultation phase has been provided below in Figure 1.

Figure 1 - Initial Community Engagement Overview

The outcomes and feedback received as part of the Community Consultation phase will be analysed by Gauge Consulting and provided to Council in a Community Engagement Summary Report.

The Community Engagement Summary Report will document the various consultation methods, how many people participated, along with a summary of key themes / issues raised throughout the Community Engagement process.

Council’s staff will utilise the Community Engagement Summary Report as a key resource to guide reviewing the Policy and Guide.

An overview of the progress of the community engagement is provided in Table 1 below:

Table 1 - Community Engagement Progress Overview

Session	Timeframe
Internal Stakeholder Workshop	Completed 09/06/2021
External Stakeholder Workshop	Completed 09/06/2021
One on one Councillor discussions	Completed in June 2021
Community Working Group Focus Group round 1	Completed throughout June 2021
Community Survey	Currently underway
Public Drop-In Sessions	Currently underway
Community Working Group Focus Group round 2	To be completed in September 2021
Written submissions	Ongoing

Stakeholder Workshops

Two (2) stakeholder workshops of two (2) hours each were conducted on Wednesday 9 June 2021. The stakeholders invited to participate in the workshops were identified to have key interests in dog access areas and its future planning. The workshop format provided opportunity for the stakeholders to discuss their needs and interests and provide direct suggestions regarding responsible dog ownership, signage, access area locations, classifications, infrastructure, and other issues presented.

Table 2 outlines the key internal Council Departments / teams represented at the internal Stakeholder workshop.

Table 2 - Departments represented at Internal Stakeholder Workshop

Ranger Services	Environmental Health
Shoalhaven Animal Shelter	Environmental Services
Tourism	Natural Areas
Engagement	Precincts
Property	Strategic Planning

Table 3 outlines the key external agencies represented at the external Stakeholder workshop.

Table 3 - Agencies represented at External Stakeholder Workshop

NSW Department of Planning, Industry & Environment	Destination Sydney Surrounds South
NSW Department of Primary Industry – Jervis Bay Marine Park	Shoalhaven Tourism Advisory Group
NSW National Parks & Wildlife Service

The following agencies sent apologies to participating in the workshop, however, will submit input and feedback via other channels:

· Crown Land

· Destination NSW

· NSW Environment Protection Authority

All internal and external stakeholders, whether represented or provided an apology to the workshops will continue to be updated via email at key milestones throughout the Policy Review unless otherwise advised.

Community Working Group

A Community Working Group (CWG) was identified to be established, which would consist of members of the community who represent the diversity of the Shoalhaven community in opinions, experience, and locality.

An Expressions of Interest (EOI) process was established to seek community members who were interested in providing in-depth input into the review of the Policy and Guide. The EOI period was open from 9 December 2020 to Sunday 17 January 2021 inclusive.

Initially, the intent of the CWG was to comprise of seven (7) participants from each of Shoalhaven’s three (3) wards, totalling twenty-one (21) participants. However, upon reviewing the EOIs, it was decided that all those who submitted an EOI would form part of the CWG, through allocation into one of five (5) smaller focus groups with a diverse mix of perspectives with a workable number of participants to allow for productive discussion.

A total of 132 EOIs were received from community members, representative of 40 towns and villages within the Shoalhaven. One (1) expression was received from a resident outside the City of Shoalhaven, who has since withdrawn their submission once aware the Policy Review was Shoalhaven specific.

The following strategy was adopted to allocate the CWG into Focus Groups to provide an even distribution of participants and diversity of opinions:

1. Determining how many participants would result in equal numbers per focus group (approximately 26);

2. Identifying a variety of groups represented by the CWG and experiences provided;

3. Identifying the geographical locations of the CWG by Shoalhaven Council Wards;

4. Note: Due to the size of Ward 3 – Ward 3 was divided into North (Tomerong and surrounds), Central (Milton/Ulladulla and surrounds) and South (Termeil / Bawley Point and surrounds);

5. Allocation of EOIs to one (1) of five (5) focus groups by:

a. Groups represented in order of randomised list layout;

b. Relevant experiences with access areas for dogs;

c. Geographic locations of members.

Table 4 provides an overview of CWG participants and localities represented.

Table 4 - Localities and wards of Community Working Group Participants

Ward	Town/Village	EOIs Received
Ward 1	Berry, Bomaderry, Cambewarra, Kangaroo Valley, Meroo Meadow, Nowra, North Nowra, Shoalhaven Heads, West Nowra.	17
Ward 2	Callala Bay, Callala Beach, Culburra Beach, Currarong, Falls Creek, Huskisson, Hyams Beach, Old Erowal Bay, Orient Point, Sanctuary Point, Vincentia, Woollamia, Worrigee.	68
Ward 3	Basin View, Bawley Point, Bendalong, Burrill Lake, Cunjurong Point, Cudmirrah, Dolphin Point, Lake Conjola, Lake Tabourie, Milton, Mollymook Beach, Mollymook, Narrawallee, St Georges Basin, Sussex Inlet, Termeil, Tomerong, Ulladulla.	47

The Community Consultation process identifies the two rounds of CWG Focus Groups as key to developing and testing the criteria, to produce outputs for consideration. Council will utilise the outputs of the Focus Groups to guide the revision of the new draft Access Areas for Dogs Policy and associated Dog Off-leash Guide.

The first round of Focus Group Workshops have been held, where participants were provided the key outputs of the Stakeholder Workshops to guide discussion and development of criteria and suggestions for consideration for the revised draft Policy and Guide.

Emails were sent to the CWG advising of their Focus Group allocation, along with the date, time, and location of their Workshop. Of the 132 invitations sent a total of 94 responses were received with 76 confirmed attendees, 18 apologies and no responses received from 38 who provided EOIs.

Those who provided apologies were advised of other opportunities to provide feedback through the Community Survey and public drop-in sessions. They were also advised that their inability to attend the first round of Focus Group Workshops would not negate their invitation and participation in the second round of Focus Group Workshops.

Table 5 details the first round of CWG Focus Groups which were held over two (2) hours each.

Table 5 - Details of first round of Focus Group Workshops

Focus Group	Date	Time	Venue	Participants
1	Wednesday 16 June 2021	9am-11am	Nowra Showground Committee Room	12
2	Wednesday 16 June 2021	5:30pm-7:30pm	Nowra Showground Committee Room	11
3	Friday 18 June 2021	5:30pm-7:30pm	Vincentia Public Hall	22*
4	Thursday 17 June 2021	9am-11am	Ulladulla Civic Centre	10
5	Thursday 17 June 2021	1pm-3pm	Ulladulla Civic Centre	14

*Note: 14 community members who did not provide an EOI during the submission period attended the workshop on Friday 18 June.

The CWG members were provided the option by Gauge Consulting that upon general agreement, the non-registered community members would be allowed to observe the Focus Group but not participate, and any suggestions made by those non-registered would be taken as submissions.

The outputs from the first round of Focus Group Workshops were analysed and formed the basis for design of the Community Survey. Upon closure of the Community Survey (26 July 2021), the feedback and outputs received will be analysed and provided to the second round of Focus Group Workshops for their considerations, review and to make additional suggestions prior to the drafting of the revised Policy documents.

The second round of Focus Group Workshops are anticipated to be held in September.

Community Survey

The Community Survey was designed to test the draft criteria obtained from the outputs of the Stakeholder Workshops and the first round of CWG Focus Group Workshops with the wider public.

The questions reflect opportunities and considerations suggested by the CWG and allows the opportunity for the respondents to identify and prioritise their needs and interests based on the criteria provided, while allowing for additional suggestions through open text boxes.

The Community Survey was made available on Friday, 25 June 2021 on Council’s Get Involved page and will close at midnight on Monday, 26 July 2021. The current NSW Covid-19 restrictions have not impacted the survey timeframe. The Community Survey has been advertised through the following methods:

· Council’s Get Involved Page for the Access Areas for Dogs Policy Review;

· Council’s Get Involved Page for Dogs in the Public Domain - Investigations, Trials and Projects;

· Email to all Internal and External Stakeholder Workshop participants, inclusive of apologies;

· Email to all relevant Council Managers, Community Working Group Members, Community Consultative Bodies with links to the Get Involved webpage and Survey for completion, and distribution through their networks;

· Email to all community members who had provided a submission or any correspondence to Council in relation to dogs (over 500 email addresses);

· Social Media posts on Facebook linking to the Online Survey; and

· Media release.

Public Drop-in Sessions

The public drop-in sessions will provide additional opportunities for the wider public to speak with Council staff and Gauge Consulting about the Policy review, assist in providing instructions on how to complete the survey or provide a submission. Five (5) drop-in sessions were scheduled at various locations throughout the Shoalhaven from North to South in concurrence with the Community Survey period.

On 29 June 2021, an update was provided on Council’s Get Involved page, and via email in response to the NSW Government restrictions relating to the rising number of COVID-19 cases.

The update advised the decision of Council staff to postpone the scheduled drop-in sessions at Berry and Nowra that were to be held on Sunday, 4 July 2021 (Berry Markets – which were cancelled) and Monday, 5 July 2021 (Nowra). These drop-in sessions have since been rescheduled, and the current details are provided in Table 6.

The drop-in session schedule is provided in Table 6.

Table 6 - Schedule of public drop-in sessions

Date	Time	Location
Friday 16 July 2021	7am-10am	Plantation Point Reserve (near toilet block)
Friday 16 July 2021	1:30pm-4:30pm	Mollymook Beach (intersection of Donlan Rd south with Mitchell Parade)
Saturday 17 July 2021	9am – 12pm	Broughton Court - Berry
Monday 19 July 2021	10:30am–1:30pm	Nowra – Jellybean Park (Egans Lane)
Saturday 24 July 2021	10am-1pm	Ulladulla Civic Centre (grassed area outside Centre)

General Submissions

Since the announcement of the Community Working Group for the current Policy Review on 8 December 2020, Council’s Social Infrastructure Planning Team have received and reviewed 95 submissions from the community in relation to dogs in the public domain at time of preparing this report.

The submissions received to date have been in written form, being either emails or provided to Council in person at the Focus Group Workshop on 18 June 2021. The submissions received have been reviewed and responded to where appropriate. A copy of each submission will be included as an attachment as part of the final report to Council later this year.

The main key themes of submissions received are listed below:

· General community confusion with Policy and Off-Leash Guide;

· Signage being inconsistent, confusing and hard to read and/or locate;

· Dogs not under effective control in public spaces, affecting safe shared use of space;

· Lack of Ranger patrols / zero tolerance approach to dog offences;

· Environmental factors such as tidal fluctuations, coastal erosion and shifting dunes affecting boundaries and access to areas;

· Impact on endangered shorebird recovery and nesting locations, native flora and fauna;

· Lack of access and infrastructure to existing off-leash areas;

· Confusion and conflict at timed / restricted dog off-leash areas;

· Tourism implications with the Shoalhaven being promoted as dog-friendly;

· Concern that revised Policy will reduce existing off-leash areas resulting in Shoalhaven viewed as anti-dogs;

· Jurisdictions and boundaries with other land managers / owners such as Crown Lands, NSW National Parks & Commonwealth lands.

· Site / locality specific suggestions for additional dog off-leash areas.

Public Exhibition

The revised draft Policy and Guide will be on public exhibition for a minimum of four (4) weeks once endorsed by Council, anticipated in late 2021. The wider public will have the opportunity to provide feedback on the draft documents via a link on Council’s Get Involved page for the Policy review.

Next Steps

Pending Council’s resolution after receiving this Report, the following table provides an overview of tasks to be undertaken with anticipated timing for completion.

Task	Anticipated Timing
Continuation and completion of Community Consultation Phase – Including the Community Survey, Drop-In sessions, and the second round of Focus Groups. A summary of feedback from Gauge Consulting will be provided in a Community Engagement Summary Report	July – September 2021
Briefing to Council on the outcome of the Community Consultation and preparation of the revised draft Policy and Guide	October 2021
Report to Council to seek endorsement of revised draft Policy and Guide, and to place documents on public exhibition	November 2021
Public Exhibition of documents in concurrence with submissions accepted, feedback on revised draft Policy and Guide and public drop-in sessions	December 2021 / January 2022
Collation of feedback received during public exhibition, update of draft Policy and Guide in accordance with feedback received	February 2022
Report to Council with final draft Policy and Guide to seek endorsement	March 2022
Pending Council’s resolution, implementation of new Policy and Guide along with erection and installation of associated infrastructure.	April 2022

Policy Implications

Council’s Access Areas for Dogs Policy was last reviewed in 2017. This report provides a status update on Council’s current comprehensive review of the Access Areas for Dogs Policy and associated Dog Off-Leash Guide, which will result in a revised Policy and Guide.

Updates to the draft Policy are likely to be required once comments are reviewed following the public exhibition of the document. The comments received and proposed changes to the final draft Policy will be reported to Council for adoption. Once adopted there will be a number of actions flowing on from this to be implemented which will include:

· Council’s website to include updated Policy and Guide with better interface, including Ranger enforcement and incident reporting;

· New signage in accordance with updated Policy and Guide, in line with Companion Animals Act 1998; and

· Infrastructure associated with off-leash areas which may include dog waste dispensers, water fountains, shade, seating and fencing.

Financial Implications

The budget for the Access Areas for Dogs Policy Review is being sourced from Council’s Community Planning & Projects operational funds. This budget includes the engagement of Gauge Consulting to provide professional facilitation and support services throughout the Community Consultation phase of the Policy Review and costs associated with venue hire for workshops.

Council annually allocates $70,000 for embellishment of dog related facilities and these funds will be utilised to progressively implement actions arising from the Policy review. Should further funding be required, this will be reported as part of an overall implementation strategy to Council for funding consideration as part of the budget process.

Risk Implications

Council has a responsibility that public space in its care and management provides for safe shared use of space between all who interact with the space, whether human, flora, or fauna, native or domestic.

Dog ownership is increasing in the Shoalhaven LGA and with the growing number of dogs there may be conflict in land use.

Council policies and plans must be in line with the relevant legislation, in particular the Companion Animals Act 1998, which governs the effective and responsible care of companion animals.

Council signage needs to reflect the Companion Animals Act and the Policy to enable any potential infringements to be appropriately managed by Ranger Services.