Agenda of Ordinary Meeting - Monday, 8 August 2022

Ordinary Meeting

Meeting Date: Monday, 08 August, 2022

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

Time: 5.30pm

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.

Shoalhaven City Council live streams it’s Ordinary Council Meetings and Extra Ordinary Meetings. These can be viewed at the following link

https://www.shoalhaven.nsw.gov.au/Council/Meetings/Stream-a-Council-Meeting.

Statement of Ethical Obligations

The Mayor and Councillors are reminded that they remain bound by the Oath/Affirmation of Office made at the start of the council term to undertake their civic duties in the best interests of the people of Shoalhaven City and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.

The Mayor and Councillors are also reminded of the requirement for disclosure of conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with the Code of Conduct and Code of Meeting Practice.

Agenda

1. Acknowledgement of Country

2. Moment of Silence and Reflection

3. Australian National Anthem

4. Apologies / Leave of Absence

5. Confirmation of Minutes

· Ordinary Meeting - 25 July 2022

· Extra Ordinary Meeting - 1 August 2022

6. Declarations of Interest

7. Presentation of Petitions

8. Mayoral Minute

9. Deputations and Presentations

10. Call Over of the Business Paper

11. A Committee of the Whole (if necessary)

12. Committee Reports

Nil

13. Reports

City Performance

CL22.343..... Ongoing Register of Pecuniary Interest Returns - July 2022........................ 1

CL22.344..... Australian Regional Tourism Convention and SEGRA Conference.............. 3

City Futures

CL22.345..... Draft Local Approvals Policy - Public Exhibition Outcomes and Proposed Finalisation........................................................................................................................ 5

CL22.346..... Appointment of Shoalhaven Economic Growth Advocacy (SEGA) Group Members - 2022................................................................................................................ 9

City Services

CL22.347..... Public Policy for Review - Public Information Signs.................................... 20

CL22.348..... 100% LED Street Lighting Upgrade Proposal............................................. 33

CL22.349..... Land Acquisition - Part Lot C DP 322973 Hawke Street, Huskisson.......... 38

CL22.350..... Proposed Licence - Council as Licensee from Wardens of the Anglican Parish of Ulladulla - Rescind MIN21.462 Part 1.......................................................... 41

CL22.351..... C&R Property Investments Pty Ltd Lease to Council - Units 1 & 2 - 2 McIntyre Way Bomaderry.................................................................................................... 45

City Lifestyles

CL22.352..... Mollymook Beach Reserve - Project Update and Way Forward................. 48

CL22.353..... Response to Notice of Motion - Community Safety in Nowra CBD............. 57

CL22.354..... Boongaree Stage 6 - Dog Fenced Off-Leash Area - Update to Council and Progress to Public Exhibition....................................................................................... 82

CL22.355..... National Cultural Policy - Submission from Shoalhaven City Council......... 91

Shoalhaven Water

CL22.356..... Acquisition - Sewer and Electricity Easements - 12 Flood Avenue Sussex Inlet 97

14. Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

CL22.357..... Notice of Motion - Signage to protect wildlife on our roads....................... 103

15. Confidential Reports

Nil

Ordinary Meeting – Monday 08 August 2022

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CL22.343 Ongoing Register of Pecuniary Interest Returns - July 2022

HPERM Ref: D22/276871

Department: Business Assurance & Risk

Approver: Kevin Voegt, Director - City Performance

Reason for Report

To provide the Council with the Register of Pecuniary Interest Returns from newly designated persons lodged with the Chief Executive Officer for the period of 1 July to 31 July 2022 as required under Section 440AAB of the Local Government Act 1993 and Part 4.26 of the Model Code of Conduct.

Recommendation

That the report of the Chief Executive Officer regarding the Ongoing Register of Pecuniary Interest Returns lodged for the period of 1 July to 31 July 2022 be received for information.

Options

1. As Recommended.

Implications: The requirements of the new Code of Conduct will be adhered to.

2. The Chief Executive Officer take appropriate action in accordance with Council’s Code of Conduct in respect of any Staff who are in contravention of the Local Government Act 1993.

Implications: Not known

Background

Under Section 440AAB of the Local Government Act 1993 and Part 4.26 of the Model Code of Conduct, newly designated persons are required to complete an Initial Pecuniary Interest Return within 3 months of becoming a designated person.

Section 440AAB (2) of The Local Government Act 1993 states:

Returns required to be lodged with the general manager must be tabled at a meeting of the council, being the first meeting held after the last day specified by the code for lodgement, or if the code does not specify a day, as soon as practicable after the return is lodged.

Part 4.26 of the Model Code of Conduct states:

Returns required to be lodged with the general manager under clause 4.21(c) must be tabled at the next council meeting after the return is lodged.

This report is one of a series of reports of this nature which will be provided throughout the year to align with the legislative requirements.

Those persons who have submitted a return within the period in accordance with their obligation to lodge an initial pecuniary interest return are listed below:

Directorate	Name	Designated Position Start Date	Returned
City Services	Peter McQueen	02/05/2022	04/07/2022
City Development	Angela Bandulet	09/05/2022	04/07/2022
City Performance	Michelle Formosa	01/06/2022	04/07/2022
City Development	Matthew Barnes	06/06/2022	05/07/2022

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

Electronic versions of the disclosure documents (with relevant redactions) are available on the Council website, in accordance with requirements under the Government Information (Public Access) Act, 2009.

Risk Implications

A failure of meeting the obligations with respect to the Pecuniary Interest Returns by a designated officer leaves Council at risk of non-compliance with legislative requirements, conflicts of interest and limited transparency. Staff who do not complete a return may be in breach of the Council’s Code of Conduct.

Ordinary Meeting – Monday 08 August 2022

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CL22.344 Australian Regional Tourism Convention and SEGRA Conference

HPERM Ref: D22/321261

Department: Business Assurance & Risk

Approver: Kevin Voegt, Director - City Performance

Reason for Report

To consider Councillor attendance at the following conferences:

· Sustainable Economic Growth for Regional Australia (SEGRA) Conference scheduled for 31 August to 2 September 2022 in Devonport, Tasmania

· Australian Regional Tourism Convention scheduled for 10-12 October 2022 in Ballarat, Victoria.

Recommendation

That Council

1. Notes the details of the following conferences:

a. Sustainable Economic Growth for Regional Australia (SEGRA) Conference scheduled for 31 August to 2 September 2022 in Devonport, Tasmania

b. Australian Regional scheduled for 10-12 October 2022 in Ballarat, Victoria.

2. Authorises available Councillors to attend the conference/s and such attendance be deemed Council Business.

3. Travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with its adopted policy.

4. Request Councillors attending the conference/s to provide a written report within 30 days of returning from the conference.

Options

1. As per the recommendation.

2. That Council limit the number of Councillors attending the Conference and such attendance be deemed Council Business.

3. That Council does not approve Councillor attendance at the Conference as Council Business.

Background

The Sustainable Economic Growth for Regional Australia (SEGRA) Conference is considered relevant to local government. Information in relation to the conference can be found via the following link.

https://segra.com.au/2022-conference-details/

Costs associated with the conference are estimated as follows:

· registration: $1,250.00 (full conference)

$795.00 Day 1 only

$775.00 Day 2 only

· travel, accommodation and out of pocket expenses: not yet determined.

The Australian Regional Tourism Convention is considered relevant to Local Government. Information in relation to the conference can be found via the following link.

Convention – ART (regionaltourism.com.au)

Costs associated with the conference are estimated as follows:

· registration: $1,500.00

· travel, accommodation and out of pocket expenses: not yet determined.

An option available to Council is to define the number of Councillors attending the conference and for Council to determine the appropriate Councillors authorised to attend. This option is presented having regard to the increase in Councillor expenses in recent years, so that Council may pro-actively control this area of expenses when appropriate.

The following Council Business is scheduled within the period of the SEGRA conference:

· Nowra CBD Revitalisation Strategy Committee, Wednesday 31 August.

· Homelessness Taskforce Shoalhaven, Thursday 1 September.

· Councillor Briefing, Thursday 1 September.

The following Council Business is scheduled within the period of the Australian Regional Tourism Convention:

· Ordinary Meeting, Monday 10 October.

· Shoalhaven Traffic Committee, Tuesday 11 October.

Policy Implications

The Council Members – Payment of Expenses and Provision of Facilities Policy limits attendance at conferences to three per annum per councillor exclusive of any conference arranged by either the State or National Local Government Associations.

Financial Implications:

Funds are available for Councillors to attend this conference.

Ordinary Meeting – Monday 08 August 2022

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CL22.345 Draft Local Approvals Policy - Public Exhibition Outcomes and Proposed Finalisation

HPERM Ref: D22/249787

Department: Strategic Planning

Approver: Carey McIntyre, Director - City Futures

Attachments: 1. Proposed Post Exhibition Local Approvals Policy for Finalisation (under separate cover)

Reason for Report

· To consider the one submission received during the public exhibition of the draft Shoalhaven Local Approvals Policy (LAP).

· To consider the suggested post-exhibition amendments to the LAP; and

· Adopt the LAP and undertake the required steps to enable finalisation.

Recommendation

That Council:

1. Adopt the Draft Shoalhaven Local Approvals Policy at Attachment 1 with the noted changes.

2. Obtain approval of the Chief Executive of the NSW Office of Local Government for Part 1 of the Draft Shoalhaven Local Approvals Policy prior to finalisation.

3. Give public notice of the adoption of the Shoalhaven Local Approvals Policy as per legislative requirements, following finalisation.

4. Notify relevant stakeholders and submitter of this resolution and when the Shoalhaven Local Approvals Policy is finalised.

Options

1. As recommended.

Implications: This is the preferred option as it will enable the draft LAP to proceed to finalisation. The draft LAP will enable Council to meet its obligations under the Local Government Act 1993 (the LG Act) regarding approvals.

2. Adopt an alternative recommendation.

Implications: This will depend on the extent of any changes and could postpone the implementation of the LAP.

3. Not adopt the recommendation.

Implications: This could stop the implementation of the LAP. By not progressing the LAP, Council’s obligations under the LG Act will not be met.

Background

Section 68 of the LG Act specifies that certain activities can only be carried out with the local approval of Council under the provisions of that Act, except in the case of local or legislative exemptions.

A local approval may be required in isolation (e.g., where a land use/activity is exempt or permitted without consent) or in addition to development consent. Activities requiring local approval include: activities on community land, installation of sewage management systems, footpath dining, temporary food stalls, installation of caravans/manufactured homes, mobile food vehicles, water supply, sewerage, stormwater drainage work and the like.

The Draft LAP was prepared under the provisions of the LG Act to assist Council in meeting its obligations relating to local approvals. The Draft LAP includes the following mandatory parts:

· Part 1: Exemptions – the circumstances (if any) in which a person would be exempt from the necessity to obtain a particular approval of the Council.

· Part 2: Criteria – the criteria (if any) which the Council must take into consideration in determining whether to give or refuse an approval of a particular kind.

· Part 3: Other Matters – other matters relating to approvals.

Under Section 77 of the LG Act, Council is required to bring the relevant matter relating to local approvals to the notice of intending applicants. In accordance with Section 165 of the LG Act, all LAPs are automatically revoked 12 months after the declaration of the poll for a general election of the Council.

At Council’s 26 April 2022 Ordinary Committee Meeting, it was resolved (MIN22.293) that Council:

1. Endorse the draft Local Approvals Policy (LAP) at Attachment 1 for public exhibition.

2. Publicly exhibit the draft Local Approvals Policy for 28 days and receive comments for 42 days from the commencement of the exhibition period in accordance with Section 160 of the Local Government Act 1993.

3. Receive a further report following public exhibition to enable any submissions to be fully considered and any changes made prior to:

a. Council adoption; and

b. Subsequent process to obtain consent of the Chief Executive Officer (CEO) of NSW Office of Local Government for Part 1 of the Local Approvals Policy prior to finalisation.

4. Will not take compliance action against recipients of Resilience NSW’s Pod Program if the 2022 LAP is not finalised prior to the end of the approved leases.

Community Engagement

Consistent with Council resolution (MIN22.293) and the requirements of the LG Act, the Draft LAP was exhibited for a period of 45 days from Wednesday 25 May until Friday 8 July 2022 (inclusive) on Council’s website.

The exhibition material remains available on Council’s website and includes the following:

· Draft Shoalhaven LAP 2022 document.

· Public Notice.

· Explanatory Statement – outlines the role and form of the draft LAP and a link to all policies and guidelines referred to within the draft LAP.

Public exhibition of the draft LAP

One submission was received during the formal public exhibition of the Draft LAP. The content of the submission and staff comment is summarised in Table 1 below.

Table 1: Summary of submission received and staff comment

Submission Summary

Comment

Homelessness within the Shoalhaven.

The policy revision is moving in the right direction, although should expand the provision of “emergency” accommodation to include those who are displaced and refugees.

Notes the current market economy is resulting in the inability to provide affordable shelter.

Proposes amendments to provisions in the LAP to enable the provision of accommodation to any person who has been displaced by a natural disaster, war, disaster impacts of changing climate or the failure of Australia’s “market economy” to provide adequate affordable housing. Recommends that the cost of leases to accommodate those who have been displaced, to be no more than 66% of the median long-term rental price in Shoalhaven for equivalent (number of bedrooms) permanent accommodation.

No change recommended.

Comments are noted. Council is constrained with what can be included in the Local Approvals Policy, as it is prepared under the provisions of the Local Government Act 1993.

However, it is noted that Council is currently undertaking a range of separate investigations into crisis-term, short-term, medium-term, and long-term strategic priorities in the homelessness space (MIN22.418).

Post-Exhibition Amendments to the draft LAP

Two amendments have been made to the Draft LAP following the conclusion of the public exhibition, in response to recent Council resolutions. These are detailed in Table 2 below and are identified in Attachment 1 (with proposed amendments highlighted green).

Table 2: Post-exhibition amendments to the draft LAP

Amendment

Explanation for Post-Exhibition Amendment

Updates to Section 4.2 Other matters relating to approvals of the LAP considering recent changes to how Council charges and monitors on-site sewage management systems.

Section 4.2 of the LAP has been amended following Council’s resolution at its 23 May 2022 Ordinary Meeting (MIN22.236), in part:

That Council:

1. Approve the application of a charge for on-site sewage management to the Annual Rates Notice for affected properties, in a staged approach over five years, commencing from the beginning of the 2022/23 financial year.

2. Approve the application of fees for additional inspections of high-risk on-site sewage management systems and re-inspections of non-compliant on-site sewage management systems.

6. Amend the Shoalhaven Local Approvals Policy post exhibition to reflect the on-site sewage management charge being applied to the Annual Rates Notice.

Updates to the references of two Council Policies, as below:

~~Rural~~ Non-Urban Wastewater Connection Policy

~~Rural~~ Non-Urban Water Supply Connection Policy

The Policy titles were changed following Council’s resolution at its 9 May 2022 Ordinary Meeting (MIN22.332):

That Council reaffirm the following policies with minor changes:

1. Non-urban Wastewater Connection Policy

2. Non-urban Water Supply Connection Policy

It is noted that these amendments are not considered to be substantial and therefore the Draft LAP can be adopted without further public exhibition as per Section 161 (2) of the LG Act.

Finalisation Process

Under the provisions of the LG Act, a Council has no power to adopt any exemptions specified in Part 1 (Exemptions) of a LAP. As the LAP includes local exemptions under Part 1 (Exemptions), approval is required from the Chief Executive of the NSW Office of Local Government (OLG) for the adoption of that part following the adoption of the LAP by Council.

Any changes required by the NSW Office of Local Government will be reported back to Council accordingly. Should no changes be required, the LAP can be finalised.

Conclusion

It is recommended that Council adopt the LAP at Attachment 1 (including the minor changes outlined above) and obtain approval from the OLG for the local exemptions in Part 1 (Exemptions). The LAP can then be finalised.

Financial Implications

Finalisation of the LAP will continue to be resourced from the existing Strategic Planning budget.

Risk Implications

It would be in the best interest of Council to progress the finalisation of the LAP as recommended to ensure Council meets its obligations under the LG Act.

Ordinary Meeting – Monday 08 August 2022

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CL22.346 Appointment of Shoalhaven Economic Growth Advocacy (SEGA) Group Members - 2022

HPERM Ref: D22/300201

Department: Tourism

Approver: Carey McIntyre, Director - City Futures

Attachments: 1. DRAFT Terms of Reference - Shoalhaven Economic Growth & Advocacy Group ⇩

Reason for Report

The reason for this report is to provide the Council with an update on the formation of the Shoalhaven Economic Growth Advocacy (SEGA) Group; formally appoint new members, two elected Councillors and adopt the Draft Terms of Reference (TOR) as a final document.

Recommendation

That Council:

1. Receive and note this report as an update, as requested by Council in Item 3c of MIN22.295.

2. Appoint the following industry representatives (with their backgrounds shown) to the Shoalhaven Economic Growth Advocacy (SEG) Group

a. Anna Finch – Human Resources

b. Brenda Sambrook – Tourism

c. Holly Pastor – Education

d. Iain Chalmers – Human Resources and Small Business

e. John Lamont - Manufacturing

f. Kaye Morris – Education

g. Michelle Bishop – Tourism

h. Robert Crow - Tourism

i. Sandra Gray – Small Business Operator

3. Adopt Draft Terms of Reference for SEGA (Attachment 1 to this report).

4. Appoint two elected Councillors to the Advisory Group at the Core meeting of Council in September 2022.

Options

1. As recommended

Implications: The new advisory group set up will be complete and meeting dates will be set

2. Do not accept the Draft Terms of Reference or appoint new members.

Implications: The new Advisory Group will not be formed. This will be outside the request of recruited industry members and may have reputational risk for Council

Background

At the Ordinary Meeting of Council on the 26 April 2022, Council resolved the following (MIN22.295):

RESOLVED

That Council:

1. Disestablish the:

a. Shoalhaven Tourism Advisory Group (STAG),

b. Business, Employment and Development Committee (BEDC)

2. Formally thank all existing members of the current committees for their volunteer service to Council.

3. Establish the “Shoalhaven Economic Growth and Advocacy (SEGA) Group”, and

a. Present the Draft Terms of Reference (see Attachment) to the new Committee

b. Request staff to

i. recruit for members of the newly established group, ensuring all retiring members of STAG and BEDC are given an opportunity to reapply for the new group.

ii. set up a schedule of meetings as per the Terms of Reference once new members are recruited.

c. Following formation, the SEGA Group be asked to provide their view as to the scope and range of work to be undertaken and a report be submitted to Council for information. Examples of matters to be considered include diversification of the local economy, supporting the establishment of new SMEs, and supporting full time job creation.

4. Meet with both the STAG and BEDC (together or separately) and brief them on the outcome of Council’s consideration of this report and the proposed Terms of Reference of the SEGA Group.

Update on Actions

Table 1 provides an update on actions taken by staff in relation to the formation of SEGA and to report back to Council as part of item 3c in the above resolution.

Table 1 Update on actions taken by staff in relation to the formation of SEGA

Resolution

Action to Date

1. Disestablish the:

a. Shoalhaven Tourism Advisory Group (STAG),

b. Business, Employment and Development Committee (BEDC)

Complete.

Future meetings cancelled and members updated.

2. Formally thank all existing members of the current committees for their volunteer service to Council.

Complete.

Letters sent to all members

3. Establish the “Shoalhaven Economic Growth and Advocacy (SEGA) Group”, and

a. Present the Draft Terms of Reference (see Attachment) to the new Committee

Complete, see Attachment 1 for Council consideration. This document has tracked changes that represent requests from members as summarised below.

Members requested two changes for Council consideration:

· To include an additional voting member position dedicated to the education sector.

· After lengthy discussion, it was requested the new group do not have other advisory group permanent positions on SEGA, but to formally acknowledge that these groups played an important role and would be consulted with as opportunities arose.

Additionally, the Sports Board Chair, David Goodman, requested a non-voting place on SEGA for the Sports Board, this was a direct request from the Chair, and not a formal request from the group.

Members who participated in the workshops discussed having additional non-voting groups and it was generally agreed that the purpose of the group was business growth. Whilst it was acknowledged other Advisory Groups played an important role for Council and business, and all who participated agreed on the importance to consult and work with these groups as matters arose, it was the general wish of the group that this was on a case-by-case basis.

As such, no changes in this regard were made to the TOR in this regard.

b. Request staff to

i. recruit for members of the newly established group, ensuring all retiring members of STAG and BEDC are given an opportunity to reapply for the new group.

Complete.

Advertisements for new positions end of May and early June, interviews held the last week of June. Several existing members of disestablished committees applied as well as several new people, the interview panel have recommended 9 voting members for Council consideration.

ii. set up a schedule of meetings as per the Terms of Reference once new members are recruited.

Not yet complete, awaiting approval of Terms of Reference and appointed Councillors, this action has been added to the recommendation on this report.

c. Following formation, the SEGA Group be asked to provide their view as to the scope and range of work to be undertaken and a report be submitted to Council for information. Examples of matters to be considered include diversification of the local economy, supporting the establishment of new SMEs, and supporting full time job creation.

A workshop will be held at the Shoalhaven Indoor Sports Centre on Wednesday 20 July 2022 at 5pm.

All recommended voting and non-voting members were invited to attend as per the Draft Terms of Reference.

This workshop was attended by:

· Anna Finch – HR

· Brenda Sambrook – Tourism

· Holly Pastor – education

· Iain Chalmers – HR and small business

· Kaye Morris – education

· Michelle Bishop – Tourism

· Robert Crow - tourism

· Sandra Gray – small business operator

· Debra Murphy, Regional Development Australia Representative

· Garth Ward, MP, Member for Kiama

· Councillor Paul Ell

· Councillor Mark Kitchener

· Carey McIntyre – Director City Futures Shoalhaven City Council (SCC)

· Coralie Bell – Tourism Manager SCC

· Ashlea Seveque – Senior Administration Officer.

Apologies were received by Mayor Amanda Finley, Clr. John Wells, Clr. Patricia White and John Lamont.

Overall, the group agreed it was happy with the Draft Terms of Reference, noting tracked changes.

General discussion reiterated the purpose of the group is in line with the purpose in the draft Terms of Reference

· Inform the development, implementation, and review of council economic growth strategies

· Providing advice and make recommendations to Council on matters relating to business and economic growth in the Shoalhaven.

· Provide advice and recommendations on key advocacy opportunities to support business growth in the region

It was agreed the group will need to meet and grow organically in direction as opportunities present themselves, with contributing to Council’s strategic documents considered a key function of the group.

4. Meet with both the STAG and BEDC (together or separately) and brief them on the outcome of Council’s consideration of this report and the proposed Terms of Reference of the SEGA Group.

Complete.

An informal teams meeting was held with both groups together on 18 May 2022.

Community Engagement

SEGA will play an important role in the development of Economic Growth, strategic plans and activities and provides critical input through industry representatives in this process.

Roles were advertised via the Council website and via tourism business networks. This occurs on an annual basis when the two and one year terms of SEGA members come to an end.

Policy Implications

The Draft Terms of Reference are shown in Attachment 1.

Financial Implications

There are no direct financial implications as a result of this report.

Ordinary Meeting – Monday 08 August 2022

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CL22.348 100% LED Street Lighting Upgrade Proposal

HPERM Ref: D22/227652

Approver: Olena Tulubinska, Chief Financial Officer

Attachments: 1. Shoalhaven City Council Streetlight LED Presentation (under separate cover)

Reason for Report

Council has committed to upgrade all street lighting to energy saving LEDs by 2025 under its adopted Sustainable Energy Policy. Endeavour Energy (Endeavour) is offering to replace Shoalhaven City Council’s remaining 4,661 non-LED streetlights with energy efficient Light Emitting Diode (LED) lighting, under their own proposed funding scheme.

Alternatively, Council has the option to self-fund an accelerated street lighting upgrade program. This report proposes to reject the Endeavour-funded model on the grounds that it does not offer long-term value for money, and instead recommends a Council-funded model to replace all streetlights with energy-savings LEDs, delivering ongoing savings to Council both in terms of maintenance fees, greenhouse gas emissions and electricity charges.

Recommendation

That Council:

1. Enter into an agreement with Endeavour Energy to implement a Council-funded accelerated street lighting program to change approximately 4,661 residential class streetlights to energy efficient LED technology at a capital cost to Council of up to $2.45M.

2. Note that the recommended project will result in up to $780,000 (market variable) of revenue back to Council from the sale of Energy Savings Certificates to offset the total cost of this project.

3. Delegate to the Chief Executive Officer the authority to finalise and execute the contract and any other documentation required to give effect to this resolution.

4. Authorise an internal loan of up to $2.45M from Council’s Water Communication Towers Reserve (internally restricted) to be repaid over ten (10) years for the implementation of this program.

5. Note that to ensure financial integrity of the Reserve, interest on this internal loan will be equal to the return-on-investment rate for each year of the ten (10) year term of the internal loan.

Options

1. As recommended.

2. Pursue the Endeavour-funded option: Engage Endeavour Energy to replace lights under their own funded model. The business case analysis for this option, when compared to the preferred Council-funded model, will ultimately result in higher costs to Council over the long-term i.e. 21-year modelled lifespan of the LEDs.

Implications: The Endeavour-funded option has been modelled by Ironbark Sustainability and found to result in the following:

· Endeavour will recoup the capital costs of the upgrade over time through their higher TC3 tariff (which applies to Endeavour-funded upgrades), as opposed to the cheaper TC4 tariff (which applies to Council-funded upgrades);

· A total estimated savings of $4.29M over 21 years compared to BAU, which is significantly less than the total estimated savings under the Council-funded model of $9.31M over the 21 years. The Council-funded scenario has significantly better long-term savings given the lower ongoing tariff that will be charged for the new LED lights.

It is recommended that Council not proceed with this option if alternative Council capital funding is available.

3. Do Nothing: Continue with the current approach of spot replacement of failed streetlights with LEDs, accepting the higher ongoing tariff charges because Endeavour funds the capital cost of spot LED replacements.

Implications: This option results in a slower rollout of energy efficient lighting and will ultimately cost more in tariff charges compared to the preferred up-front Council-funded option.

Background

Street Lighting – Ownership, costs and current replacement strategy

Across the Shoalhaven LGA, there are currently around 11,286 streetlights installed for public lighting purposes. Although Shoalhaven Council is responsible for covering their operating costs, including around $800,000 annually to an energy retailer for the light’s electricity and network charges, the street lighting is actually owned and maintained by Endeavour Energy. These lights vary in type, age, intensity and energy efficiency, depending on the historical time of installation and the site location.

These lights are classified as either Category P (residential) or Category V (main roads) and are costed to Council under various tariff classes.

Endeavour Energy charges Council for these streetlights under two streams:

· Street Lighting Use of System (SLUoS) charge, which is the infrastructure/maintenance cost set by Australian Energy Regulator (AER); and

· Network Use of System (NUoS) charge, which represents the customer’s usage of the distribution and transmission networks (paid through the energy retailer).

Over the last few years, Endeavour Energy has been slowly changing Shoalhaven’s Class P residential lighting (mostly 50 and 80-watt Mercury Vapour lights) over to 17-watt LEDs as the faulty lights reach their end of life. In 2019/20, Shoalhaven Council spent $1.03M towards the bulk upgrade of 3,641 streetlights to LEDs across the LGA, to accelerate the switch to this energy saving lighting. The project was part-funded by the NSW Government to the tune of $362,456. All the streetlights upgraded had a payback period of around 5 years and increased lighting levels up to standard for added safety and security to residential areas. Of the total 11,286 residential streetlights in the Shoalhaven LGA, 6,625 (or 59%) now have existing LED luminaires with 4,661 (or 41%) remaining non-LEDs.

Proposal

Endeavour Energy is proposing to accelerate and fund the replacement of the remaining non-LED streetlights across its network. Although Endeavour will capital-fund the project, these costs will be repaid by Council over time via a long-term increase in the Street Lighting Use of System (SLUoS) charges. In late 2021, Endeavour supplied Shoalhaven City Council with a range of information and documents for their accelerated bulk upgrade of Shoalhaven’s remaining 4,661 non-LED streetlights (Attachment 1). Shoalhaven Council engaged public lighting specialists, Ironbark Sustainability, to review Endeavour’s LED Upgrade Project Offer and include a comparison with a Council-funded scenario as an alternative option. The key features of the Endeavour-funded model include:

• Council uses Energy Savings Certificates (ESC) sale revenue to pay for the TC5 residual charges for the lights upgraded;

• any excess ESC revenue is retained by Council; and

• Endeavour funds all remaining upfront capital costs for the upgrade and recoups these costs through higher maintenance/SLUOS charges over time.

An alternative Council-funded model has the following key features:

• Council funds the upfront capital costs in full (i.e. TC5 residual charges, installation and hardware costs);

• all ESC revenue is retained by Council (therefore available for reallocation to other projects); and

• a lower maintenance/SLUoS charge applies to the upgraded lights over time.

As Table 1 below demonstrates, the Endeavour-funded model has an immediate payback, total estimated savings of $4.29M over 21 years, and no up-front capital costs. By comparison, the Council-funded model involves a payback of 5-7 years (which will be much shorter now with expected skyrocketing power prices from 2023 onwards) and an up-front capital cost to Council of approximately $2.45M, but significantly higher total estimated savings of $9.31M over 21 years.

The Council-funded scenario has significantly better long-term savings given the lower ongoing SLUoS maintenance tariff applied (i.e. Tariff Class 4 – TC4 which applies to Council capital funded LED upgrades), that will be charged to Council by Endeavour Energy for the new LED lights for the next 21 years. Under the alternative Endeavour-funded scenario, Council would be charged the higher TC3 tariff (which applies to Endeavour capital funded upgrades), that includes both the maintenance and capital charge costs for the LED lights, the latter being recovered by Endeavour over the life of the assets. This results in higher ongoing annual costs to Council for LED lights that are capital-funded by Endeavour.

Therefore, both models represent a viable option for Council, however, the Council-funded model is the most attractive given the higher estimated savings over time. The Endeavour-funded model may be preferred where Council cannot source the up-front capital, however, where up-front capital is available, the Council-funded model is preferred.

Table 1 - Total estimated project outcomes for Endeavour and Council-funded models

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⁴ For the Endeavour-funded model, Council capital costs consist only of TC5 charges. For the Council-funded model, Council capital costs include TC5 charges, new LED lights, installation costs, as well as Ironbark project management support costs. The estimates for the Council-funded model presented above do not take into account interest expenses payable on the internal loan which amount to an estimated $310,000 over the life of the loan. Interest expenses will depend on the duration of the loan, interest rates and electricity prices and more accurate estimates will be available prior to commencement of the project.

Note: electricity prices for Street Lighting from 1 Jan 2023 are expected to be much higher than these modelled savings which were based on current electricity contract prices. This will mean that upgrades to energy efficient LED street lighting will result in greater electricity savings and shorter payback periods than those shown in Table 1, from 2023 onwards.

In follow-up discussions and correspondence with Endeavour, they have indicated a preference to prioritise LED upgrade scheduling for Councils pursuing the Endeavour-funded model. Endeavour indicated that they are unlikely to commence a Council-funded option until after their current regulatory control period, which extends until 30 June 2024. So that effectively pushes the instalment back by up to 2 years if Shoalhaven Council wishes to follow the Council-funded option.

Ironbark Sustainability have advised that it is still better value (more savings over the long-term) to stick with the Council-funded option, even with the delayed start date of mid-2024. There is also no guarantee that Endeavour will commence and/or complete their Endeavour-funded roll out within the next 2 years anyway, with existing lighting stock supply/model constraints and a further 125,000 non-LED streetlights in their network area requiring replacement.

Delaying the start date by 2 years may also actually allow Endeavour to update its lighting product list to include best practice products currently available and approved by other DNSPs (Distribution Network Service Providers – the ‘poles and wires’ companies). So rather than installing several thousand 17-watt LED streetlights (luminaires) which Endeavour currently do, they may approve and switch to more energy efficient, say 14-watt LEDs, in the coming years. With LEDs having a 21-year life span, this would add a significant additional electricity cost savings for Council over the long-term.

Community Engagement

Council staff have been in contact with Endeavour Energy during the formulation of this program. The program is a one for one replacement of Council’s existing Class P lighting stock. Because of this, and the widespread nature of the replacement program, it is intended to undertake notification of this program to the Shoalhaven community via media announcements and social media. This was the achieved during the first phase of the LED street lighting upgrade throughout 2020/21, with minimal disruption to the community.

Policy Implications

This initiative would contribute to the delivery of Shoalhaven’s Community Strategic Plan themes ‘Build inclusive, safe and connected communities’, which includes street lighting, as well as the ‘Protect and showcase the natural environment’ theme, by reducing carbon emissions by at least 1,278 tonnes of CO₂-e per year.

Council’s current Sustainable Energy Policy has a target to ‘upgrade all street lighting to energy savings LEDs by 2025’. Even under the delayed Council-funded option this target would still be attainable.

Financial Implications

Conversion of the remaining 4,661 non-LED streetlights to energy savings LEDs will save Council around $212,000 per year on electricity costs alone (and much greater savings from 2023 because of higher electricity costs on a new retail supply agreement for street lighting due to the skyrocketing energy market).

The upgrade to energy savings LED luminaires is eligible for Energy Savings Certificates (ESCs) to be created and sold by Shoalhaven Council. The price of ESCs that are sold has a big impact on the overall business case for Council, as it relies upon the sale of ESCs to pay some or all of the residual value of the existing lighting assets (TC5 charges). Council cannot be certain of the price of ESCs until the project has been completed and the ESCs are sold. Ironbark Sustainability modelled the potential ESC income revenue for Council based on a low market spot price of $21 and then a higher spot price at the time of writing of $38 per ESC. This would result in a total ESC revenue for Council in the range of $412,605 to $781,778, respectively.

Under the recommended Council-funded model, the capital cost that Shoalhaven Council would need to pay Endeavour Energy for the new LED lighting stock, installation labour, plus the residual lighting TC5 charges, is around $2.45M total.

It is proposed to fund this project by internal loan of up to $2.45M from Council’s internal reserve fund – Water Communications Towers Reserve. The purpose of the Water Communication Towers Reserve is to accumulate funds for renewals of communication towers and there is sufficient balance in the reserve to cater for $2.45M internal loan and planned renewal works.

The loan is to be fully repaid over a maximum 10-year period using budget savings on electricity and proceeds from the sale of ESCs. To ensure financial integrity of the Reserve, interest on this internal loan will paid. Annual interest on the loan will be equal to the return-on-investment rate for a given year. As such, this arrangement will be cost-neutral to the Communication Towers Reserve.

Due to uncertainty of the timing of the project and changes in electricity prices, the internal loan repayment schedule will be presented to Council upon commencement of the project.

Risk Implications

The replacement of lights is undertaken by Endeavour Energy who are experienced in this type of work and have completed Stage 1 already. The program is assessed as low risk to Council.

Ordinary Meeting – Monday 08 August 2022

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CL22.349 Land Acquisition - Part Lot C DP 322973 Hawke Street, Huskisson

HPERM Ref: D22/268820

Department: Technical Services

Approver: Paul Keech, Director - City Services

Reason for Report

To provide Council with an opportunity to consider the purchase of part Lot C DP 322973, known as 15 Hawke Street, Huskisson for the sum of Eighty-Five Thousand Dollars ($85,000) plus GST if applicable for the purpose of road widening.

Recommendation

That Council:

1. Purchase a strip of land 2m wide at the rear of 15 Hawke Street Huskisson (Lot C DP 322973) totalling approximately 26 sqm for road widening purposes.

a. The purchase price is $85,000 (plus GST if applicable) for approximately 26 sqm (subject to final survey).

2. Grant authority to affix the Common Seal of the Council of the City of Shoalhaven to any documents required to be sealed and that the Chief Executive Officer be authorised to sign any documents necessary to give effect to this resolution

Options

Option 1: As recommended

1. Purchase approximately 26 sqm of 15 Hawke Street Huskisson (Lot C DP 322973) for road widening purposes.

a) The purchase price is $85,000 (plus GST if applicable) for approximately 26 sqm (subject to final survey).

Implications:

The land is acquired for road widening purposes as identified in the Shoalhaven Contributions Plan 2019.

Option 2: Not resolve as recommended and provide an alternative recommendation

Implications:

Acquisition of this portion of land by Council for road widening purposes is a requirement in approved DA18/2040 being for the ‘Demolition of Existing Structures & Proposed Mixed Commercial & Residential Apartment Building” at 15 Hawke Street, Huskisson. The approved development may not be able to proceed without Council’s acquisition of part of Lot C DP 322973 (15 Hawke Street).

Background

The acquisition of part of Lot C DP 322973 (15 Hawke Street) is a component of the ‘Currambene Street Service Lane, Huskisson’ project as described in both the 2010 and 2019 Shoalhaven Contributions Plans.

The Currambene Street Service Lane project provides for the upgrade and extension of the existing land parallel to Hawke and Currambene Streets with kerb and gutter, new surfacing and shared car-pedestrian zones. The unnamed lane, which intersects Currambene Lane at right angles and runs towards Owen Street, will be upgraded to provide car parking, improved drainage, a loop linking to Currambene Street at the north, and pedestrian access to Owen Street. This acquisition will create a 2m setback from the current property boundary, creating additional road reserve and aligning the rear boundary of 15 Hawke Street with the neighbouring property.

On 5 September 2018, Council received a Development Application for 15 Hawke Street, Huskisson, for the construction of a mixed used commercial and residential apartment building. In order to secure development consent the proponent was required to adjust their building plans to cater for the acquisition of approximately 26m² of the rear of the property in accordance with the Shoalhaven Contributions Plan. The following image is an extract of Council approved plans and show the area to be acquired located at the rear of 15 Hawke Street.

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Council has been asked to finalise the acquisition of part of Lot C DP 322973 so that the approved development of 15 Hawke Street can proceed. A resolution of Council is required to proceed with the acquisition.

Community Engagement

Community engagement was undertaken as part of the process of the development and adoption of the 2010 and 2019 Shoalhaven Contributions Plan. Internal comments have been received.

Policy Implications

The acquisition of this portion of land is an identified project in the Shoalhaven Contributions Plan.

Financial Implications

A valuation has been undertaken by a Registered Valuer with market value determined to be $85,000 (plus GST if applicable).

The proposed acquisition is identified in the Contributions Plan 2010 Project 03ROAD0057 (Currambene Street Service Lane). The sum of $17,400 can be made available from this fund for the acquisition of part of Lot C DP 322973 (15 Hawke Street, Huskisson). The remaining funding will be provided through the Contribution Plan deleted funds and recouped in future years as contributions to the project are received over time.

Ordinary Meeting – Monday 08 August 2022

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CL22.350 Proposed Licence - Council as Licensee from Wardens of the Anglican Parish of Ulladulla - Rescind MIN21.462 Part 1

HPERM Ref: D22/153450

Department: Technical Services

Approver: Paul Keech, Director - City Services

Reason for Report

This report provides Council with an opportunity to consider new Licence terms to provide public carparking in Milton.

Recommendation

That Council:

1. Rescind item 1 of the Resolution MIN21.462 of 27 April 2021 being:

“Enter into a Licence agreement with Wardens of the Anglican Parish of Ulladulla for the carpark area of the Church grounds from 16 March 2021 to 14 February 2026 for an annual rent amount of $3,000 + GST per annum; AND……”

2. Enter into a Licence agreement with Wardens of the Anglican Parish of Ulladulla for the carpark area of the Church grounds from 16 March 2022 to 15 March 2027 for an annual rent amount of $3,840.00 + GST per annum;

3. Authorise the rent to be paid from Finance Project 101771 Southern Local Roads;

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

Options

1. Resolve as Recommended

Implications: This will provide public carparking for the township of Milton until such time as the Milton Carparking Strategy is finalised.

2. Not adopt Recommendation

Implications: Lack of public carparking in Milton may result in Council having to finalise the Milton Carparking Strategy and require additional costs in carparking construction for a new carpark.

Background

Council as Licensee initially entered into a licence agreement in 2005 with the Wardens of the Anglican Parish of Ulladulla over the carparking area of the Church grounds. This was to alleviate the lack of public parking in the township of Milton until the Parking Strategy for Milton was finalised.

A new license arrangement is now required and will commence on 16 March 2022 through to 15 March 2027. Any further term will require approval from the Church Ordinance.

The diagram below shows the location of the carpark in black hatching on the corner of Princes Highway and Church St Milton.

Plan of Licensed area in black hatching

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On 27 April 2021 Council resolved, via MIN 21.462:

That Council:

1. Enter into a Licence agreement with Wardens of the Anglican Parish of Ulladulla for the carpark area of the Church grounds from 16 March 2021 to 14 February 2026 for an annual rent amount of $3,000 + GST per annum;

2. Authorise the rent to be paid from Finance Project 101771 Southern Local Roads;

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

After Council resolved MIN 21.462, and before Council could enter into a licence agreement, the Parish decided to increase the annual licence by $840.00 per annum. Staff are confident that both parties have now reached a preferred position and seek that Council rescind Part 1 of MIN21.462 and instead resolve to:

1. Enter into a Licence agreement with Wardens of the Anglican Parish of Ulladulla for the carpark area of the Church grounds from 16 March 2022 to 15 March 2027 for an annual rent amount of $3,840.00 + GST per annum

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

Licensor	The Wardens o the Anglican Parish of Ulladulla (Church) ABN: 99 407 643 753
Licensor’s address	PO Box 475 ULLADULLA NSW 2539
Parish	Anglican Parish of Ulladulla
Church	Church of St Peter & St Paul Milton
Licensee	Shoalhaven City Council ABN: 59 855 182 344
Licensee’s address	The CEO PO Box 42 NOWRA NSW 2541
Term	Commencing Date: 16 March 2022 Termination Date: 15 March 2027
Property	Lot 11 DP 1225771 known as St Peter and St Pauls Anglican Church Milton (formally referred to as Lot 1 DP 780778)
Premises	As set out on the plan of licenced area in black hatching excluding the toilets on the church hall.
Days and hours of licence	There are no restrictions except as provided in Clause 21 Special Conditions.
Licence Fee	$3,840.00 plus GST (three thousand dollars plus GST)
Permitted Use	Car parking - public
Public Liability	$10 million
Special Conditions	22 Special Conditions (a) The Licensee will be responsible for marking the car park and spaces and undertaking all required repairs at its own cost to keep the car park in good working condition provided that it must not undertake any works (including marking and repairs) without the prior written consent of the Licensee. (b) The Licensee may impose such parking restrictions as it sees fit up to 3 hours on the Premises provided that the Registered Proprietor and Churchwardens will have exclusive use of the Premises: (i) each Sunday for a period beginning 1 hour before and terminating 1 hour after a church service is carried out on the Property; and (ii) on any other day when a church service is carried out on the Property and the Licensor and Churchwardens are not required to give notice of such a service. (c) The Licensee must inspect the Premises and the Access Way each Month and repair any hazard or defect as soon as reasonably possible at the expense of the Licensee. (d) The Licensee must install 2 litter bins on the Premises as soon as reasonably practicable after the commencement of this Licence and such bins must be serviced on at least a fortnightly basis by the Licensee.

Community Engagement

The subject land is not owned by Council, therefore there is no requirement for any public notification resulting from this license proposal.

Policy Implications

Not applicable

Financial Implications

Rent of $3,840.00 (plus GST) per annum has been negotiated for the carpark area and will draw from Finance Project 101771 - Southern Local Roads. This is an increase of $840.00 per year or $4,200 (plus GST) over the term of the licence compared to the previous resolution. There are sufficient financial resources available in Finance Project 101771 to cater for this increase.

Council will be responsible for line marking and maintenance to keep the carpark in good working condition.

Risk Implications

There are no risks to Council in continuing to occupy the carpark premises.

Ordinary Meeting – Monday 08 August 2022

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CL22.351 C&R Property Investments Pty Ltd Lease to Council - Units 1 & 2 - 2 McIntyre Way Bomaderry

HPERM Ref: D22/52080

Department: Technical Services

Approver: Stephen Dunshea, Chief Executive Officer

Reason for Report

This report provides Council with an opportunity to approve a lease agreement with C&R Property Investments Pty Ltd at Units 1 & 2, 2 McIntyre Way, Bomaderry currently occupied by Council’s Building Maintenance Section and Natural Areas staff.

Recommendation

That Council:

1. Enter into a lease agreement for Units 1 & 2, at 2 McIntyre Way, Bomaderry with C & R Property Pty Ltd, for the continued use and occupation by Council’s Building Maintenance Section & Natural Areas for a term of three (3) years with a two (2) year option, with an initial annual rent of $48,033.89 (GST inclusive) with annual CPI increases.

2. Fund all costs associated with the lease and legal preparation from the Works Depot McIntyre Way W&S funds Finance Project No. 101696 and Work Order No. M0008244.

3. Authorises the CEO to sign all documentation required to give effect to this resolution and to affix the Seal of the Council of the City of Shoalhaven to all documentation required to be sealed.

Options

1. Adopt the recommendation.

Implications: Council’s Building Maintenance Section & Natural Areas will continue to occupy the premises, whilst allowing Council time to determine its longer term requirements for the leased premises.

2. Not adopt the recommendation.

Implications: Council will be given three months’ notice to vacate the premises and find alternative accommodation.

Background

Council has leased Units 1 & 2, at 2 McIntyre Way, Bomaderry from a private owner for over 20 years, for use as a workshop and office. The lease was, and is, required due to the shortage of space for Council facilities and functions.

2 McIntyre Way is located in Bomaderry off of Meroo Road and consists of 3 units.

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Figure 1: Location of 2 McIntyre Way, Bomaderry

Council currently rents Units 1 and 2, 2 McIntyre Way, Bomaderry (outlined in red below).

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The lease is due for renewal and Council staff had negotiated a 5-year lease with two 5-year options. Recently, a strategic review of the medium to long term use of the building was undertaken. With the Shoalhaven Water building extension at South Nowra scheduled to be complete within this lease period, 1 & 2, 2 McIntyre Way Bomaderry may be surplus to Council’s needs once the extension is complete (mid 2023).

A reduced lease term of 2 years with a 1-year option was sought. This was not acceptable to the landlord as C & R Property Investments Pty Ltd are seeking a long-term tenant. It is also important to note that alternative industrial space (consisting of workshop and office space) is very limited. It would be realistic to expect that no suitable, comparative rental space would be available.

C & R Property Investments Pty Ltd has stated that their minimum term is to be 3 years with a 2-year option. There are no other changes to existing conditions, although the rent did increase in line with CPI.

Lessee	Shoalhaven City Council
Lessor	C&R Property Investments Pty Ltd
Premises	2 McIntyre Way Bomaderry
Lease Breakdown	3yrs x 2yrs
Area	346 sqm
Zoning	General Industrial
Permitted Use	Depot
Commencement	1 September 2022
Initial Term	3 years
Options	2 years
Rent	$48,033.89
Increases	CPI
Market Review	Annually
Outgoings	33.3%
Operating Costs	(a) Local Council rates and Charges (b) Water sewerage and drainage rates & usage charges (c) Lessee to pay their own electricity and phone charges
Interest Rate	12%
Security Deposit / Bank Guarantee	Nil
Insurance	Self-Insured - $10,000,000.00

Community Engagement

The subject land is not owned by Council, therefore there is no requirement for any public notification resulting from this lease proposal.

Financial Implications

The commencement rent is the former year’s rental plus CPI and is considered reasonable in light of Council’s long-term occupation of the premises.

The rent is to come from Finance Project No. 101696.

Risk Implications

There is a small risk of continuing to occupy, in that the building may be surplus to Council’s requirements by late 2024.

Not entering into the lease, would mean that Council will have three months to vacate the premises and finding alternative accommodation could be problematic and expensive.

Ordinary Meeting – Monday 08 August 2022

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CL22.352 Mollymook Beach Reserve - Project Update and Way Forward

HPERM Ref: D22/217319

Department: Community Planning & Projects

Approver: Jane Lewis, Director - City Lifestyles

Attachments: 1. Stage 1 Design - Mollymook Beach Reserve ⇩

2. Stage 2 Design - Mollymook Beach Reserve ⇩

Reason for Report

To update Council on the background of upgrades to the Mollymook Beach Reserve and determine the way forward regarding future upgrades to the reserve.

Recommendation

That Council;

1. Receive this report for information on the completed and upcoming works at Mollymook Beach Reserve, inclusive of the South Mollymook Coastal Protection Work project.

2. Once the South Mollymook Coastal Protection Work project has been undertaken, incorporate updated works into a new Master Plan of the site, in accordance with approved Prioritisation of Master Plans schedule.

3. Refrain from completion of detailed design and construction of Stage 2 of the Mollymook Beach Reserve foreshore upgrades until the Master Plan for the precinct has been completed.

Options

1. Adopt the recommendation

Implications: This will allow Council to progress with the South Mollymook Coastal Protection Work project and provide strategic direction to the future delivery of upgrades at Mollymook Beach Reserve, in line with Council resolutions and the community’s expectations.

2. Adopt the recommendation with amendment

Implications: As advised by Council.

3. Not adopt the recommendation and provide direction to staff.

Implications: This may impact on the strategic direction for Mollymook Beach Reserve and would not provide direction on this matter. This may not be aligned with Council resolutions or the community’s expectations.

Background

The Mollymook Beach Reserve is identified as a Destination Park within the Shoalhaven Local Government Area (Lot 7038 DP 1061116 – Figure 1). The Reserve receives very high visitation and usage, particularly in the warmer months.

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Figure 1 – Mollymook Beach Reserve

In 2005, a structural and civil engineer was engaged to prepare designs for the upgrades of Mollymook Beach Reserve. Stage 1 of the design has since been delivered, which included the foreshore area immediately to the south-east of the Mollymook Surf Lifesaving Club. Stage 2 includes the foreshore area immediately to north-east of the Surf Lifesaving Club, which has not yet been completed (Figure 2).

Stage 1

Works included the design of retaining walls, stairs/ramps to the beach, seating, bollards/handrails, and connecting pathways immediately to the south-east of the Mollymook Surf Lifesaving Club (Figure 2). This stage was completed in 2006. Plans for Stage 1 of Mollymook Beach Reserve can be viewed in Attachment 1.

It should be noted that the design of these works did not include coastal engineering. Hence, it has not been designed to perform under a significant storm event on the coastline and the risk of failure is likely given the coastal processes that operate at this location. Further details on the coastal protection works are included below in Coastal Protection Work.

Stage 2

Works to be designed include retaining walls, stairs/ramps to the beach, seating, bollards/handrails, and connecting pathways immediately to north-east of the Mollymook Surf Lifesaving Club (Figure 2). This stage is yet to be funded and completed. Plans for Stage 2 of Mollymook Beach Reserve can be viewed in Attachment 2.

Upon review of the existing plans for the Stage 2 works, it was identified that these plans are no longer adequate for the needs of the site, and a design review needs to be undertaken, which can be incorporated into a consolidated Master Plan for the entire site.

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Figure 2 – Foreshore Upgrades Staging

Council Resolution on Existing Design Staging

At the Ordinary Meeting of Council on 25 May 2021, a Notice of Motion was reported to Council regarding improvement and upgrades to Mollymook Beach Reserve. As a result of the meeting, it was resolved (MIN21.310):

That Council:

1. Make safe, and program the upgrade of the Mollymook Foreshore Reserve on the water’s edge immediately east of the Mollymook Surf Lifesaving Club.

2. Seek grant funding to complete the project.

3. Give high priority to the completion of Stage 2.

In accordance with part (1) of the above Council resolution, in July 2021 Council staff undertook works to make safe the existing timber handrail including the removal of some sections, which improved the safety and amenity to the area (refer images below).

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Coastal Protection Work

South Mollymook Coastal Protection Work project

At the southern corner of Mollymook Beach, there is currently 300 meters of varied seawalls extending from the sewage pumping station south of the Mollymook Golf Club (MGC) building to the Surf Lifesaving Club (SLSC) boat ramp.

This coastal protection infrastructure has been previously impacted on by major storms and East Coast Low events such as those which occurred in 2015, 2016 and 2020, and is nearing the end of design life.

At the Strategy and Assets meeting of Council on 8 December 2020, a report was provided to Council advising of results of the final cost benefit analysis (CBA) and recommended to progress with detailed design and environmental assessment for coastal protection works at South Mollymook. As a result of the meeting, it was resolved (MIN20.913):

That Council:

1. Acknowledge the South Mollymook Beach Cost Benefit & Distributional Analysis for Coastal Protection Works prepared by Origin Capital Group 2020; Seek grant funding to complete the project.

2. Seek a NSW State Government coast & estuary grant for detailed design for Option 4 – Seawall Protection Plus Amenity Nourishment 50 year design life for South Mollymook Beach to understand the full budget implications and inform further community consultation and Council’s future policy direction in relation to this matter;

3. Investigate public private partnership opportunities for funding the construction of replacement and future maintenance of the coastal protection structures at South Mollymook Beach; and

4. In the interim, Council continue to monitor and maintain the existing structures by implementing emergency action sub plan under the Coastal Zone Management Plan (CZMP) for the Shoalhaven Coastline 2018.

The guidance for this project is outlined in Council’s certified Coastal Zone Management Plan (2018) (action LA5.6) and is linked to Council’s key integrated and sustainable management strategies for the Shoalhaven community.

Council determined that the replacement of existing seawalls is the preferred option to mitigate the risks of coastal hazards on essential public infrastructure, as well as the MGC. This will improve amenity and public safety, as well as ensuring protection from current and future coastal hazards.

In accordance with part (2) of the above Council resolution, in May 2021 Council were successful in receiving a Coastal and Estuary Planning Grant through the Department of Planning and Environment (then Department of Planning, Industry and Environment) for coastal protection design and environmental approvals. In January 2022, Council commissioned the consultancy team of Advisian Pty Ltd to commence the South Mollymook Coastal Protection Work project.

This engagement will address all pre-construction components of this project, including detailed design, associated agency approvals, environmental assessment, and community and stakeholder consultation. This engagement is anticipated to take approximately nine (9) months. Community and stakeholder engagement will be included to ensure support throughout design development is achieved.

In accordance with this report, and MIN21.310, this project is considering the structural adequacy of the current retaining wall structure (Stage 1) in terms of coastal erosion impacts. Additionally, the extension of the coastal protection structure to include part of the proposed works described (Stage 2) is being considered through the detailed design and community consultation phase of the South Mollymook Coastal Protection Work project.

It should be noted that whilst the scope of the South Mollymook Coastal Protection Work project may cover some of the proposed foreshore reserve upgrades, it will stop at the footpath and not include landscaping type works further landward.

Some components of these works will require approvals from relevant State Agencies. Liaison will be required on the final adopted plans, and the concurrence of relevant agencies (through permits, approvals or as otherwise needed) may be required and will be integrated into the environmental assessment components of the project prior to works commencing.

Any works completed as part of the South Mollymook Coastal Protection Work project are expected to precede the delivery of the Master Plan and can be incorporated into any future strategic plan for the site.

Community Engagement

External - Initial community engagement for the South Mollymook Coastal Protection Work project was completed in March/April 2022. This included an online survey that the community could respond to, as well as a drop-in session at the Mollymook Beach SLSC. The majority of this consultation was positive with overall good support for the project. Additional engagement will be undertaken once the detailed design solution has further progressed, including a public exhibition of the final design.

Extensive community engagement will be undertaken upon future master planning for the Mollymook Beach Reserve.

Internal – This project involves teams from across Council. To date a range of internal stakeholders have had input to advance work to the current stage collaborating on the scope of work, input into the future master plan update and coordinating the external stakeholder engagement. Staff from the Environmental Services Team in City Development and from the Community Planning and Projects Team and Shoalhaven Swim Sport and Fitness Team in City Lifestyles have been central to this.

Policy Implications

The Community Infrastructure Strategic Plan (CISP) makes the following recommendation for Mollymook Beach Reserve: “Finalise master plan and commence staged development”.

The Mollymook Beach Reserve is identified as a Destination Park, in accordance with MIN20.405. The definition of a Destination Park under the upcoming revision of the CISP is as follows:

“The Destination Park offers a unique experience reflecting its geographic location. It is inclusive and open every day of the year. It offers multiple passive and active recreational uses, open spaces, BBQ amenities, inclusive footpaths, inclusive amenities and wayfinding signage. The location offers a great selection of cafes, restaurants, accommodation, shopping and entertainment for both local and traveller. The Destination Park has sufficient space, amenities and parking for events and celebrations.”

Financial Implications

Council was successful in receiving a Coastal and Estuary Planning Grant through the Department of Planning and Environment (then Department of Planning, Industry and Environment) for coastal protection design and environmental approvals. This is required to partially fund the South Mollymook Coastal Protection Work project.

Currently, there is no budget for the detailed design and completion of Stage 2 foreshore upgrades to Mollymook Beach Reserve. Although some of the foreshore works will be designed and constructed through the South Mollymook Coastal Protection Work project, works further landward will not be funded.

In line with Council’s endorsed priority list of upcoming Master Plans (MIN22.443), Mollymook Beach Reserve is not scheduled to have a Master Plan completed in the 2022/23 or 2023/24 financial years and will be subject to further consideration by Council once the identified Master Plans have been completed

Next Steps

As the Mollymook Beach Reserve is classified as a Destination Park within the Shoalhaven LGA, a Master Plan should be completed to determine strategic direction of planned infrastructure and use of the site. It is therefore recommended that major works and upgrades to this location not completed in the absence of a Master Plan.

As the Master Plan for Mollymook Beach Reserve is not currently scheduled to be completed, to address part (3) of MIN21.310 the proposed way forward is to allow for the completion of the South Mollymook Coastal Protection Work project and incorporate the upgrades into a future Master Plan.

During the design of the future Master Plan, the existing Stage 2 designs will be re-assessed to determine adjustments required due to the South Mollymook Coastal Protection Work project, current community requirements, and overall alignment with the Master Plan.

Once funding is allocated for the Master Planning process to be completed for Stage 2, further embellishment works can be programmed and undertaken. Having an updated Master Plan will also enable grant funding opportunities to be sought.

Ordinary Meeting – Monday 08 August 2022

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CL22.353 Response to Notice of Motion - Community Safety in Nowra CBD

HPERM Ref: D22/247317

Department: Community Connections

Approver: Jane Lewis, Director - City Lifestyles

Attachments: 1. BOCSAR Crime Statistics - Nowra and Bomaderry ⇩

2. CCTV and Street Lighting Mapping - Nowra and Bomaderry ⇩

3. Glossary of Terms ⇩

Reason for Report

To respond to MIN22.392 - “Notice of Motion – Community Safety in Nowra CBD – Crime Statistics – Audit CCTV Cameras & Lighting Carparks / CBD – Additional Security Infrastructure – Funding Options – Report Request”.

This report offers evidence-based recommendations for future Council investment to improve perceptions of community safety and crime prevention strategies in the Nowra/Bomaderry area.

Recommendation

That Council:

1. Receive this report for information; and

2. Progress the work within this report through the establishment and development of the Shoalhaven City Council Community Safety Plan.

3. Thank Acting Superintendent Ray Stynes of South Coast Police District for his assistance in preparing this report.

Options

1. That Council adopt the above recommendations.

Implications:

That Council:

· Notes work on the Shoalhaven City Council Community Safety Plan is not included in the current Council work program; and

· Prioritises and funds the delivery of the Community Safety Plan; and

· Staff apply for funding to implement community safety strategies as recommended after the Community Safety Plan is adopted by Council.

2. That Council do not adopt the above recommendations.

Implications:

· Staff continue to seek funding for the development of Community Safety Plan and that Council prioritise the delivery of the Community Safety Plan; and

· Council continues with work in Nowra CBD in isolation, noting no body of research, precluding an evidence-based approach.

Background

At its meeting of 6 July 2022, a Notice of Motion was presented:

Community Safety in Nowra CBD - Crime Statistics - Audit CCTV cameras & lighting Carparks / CBD - Additional security infrastructure - Funding options - Report request

Through this NOM, it was resolved that Council: (MIN22.392):

1. Acknowledges ongoing community concern surrounding safety in car parks and also other areas of Nowra/Bomaderry.

2. Researches crime statistics, and seeks input of NSW Police, in order to create an evidence base of the location, frequency and severity of crime in the Nowra/Bomaderry area to fully inform any future Council investment in mitigation and crime prevention measures.

3. Directs the CEO to investigate and audit the coverage of CCTV cameras and lighting in Council owned car parks in and around the Nowra CBD and prepare a report for Councillors outlining the findings of the audit.

4. Directs the CEO to include in his report recommendations for any additional security infrastructure or other measures needed to improve community safety particularly in the Council owned car parks servicing the Nowra CBD.

5. Instructs the CEO to include information about potential funding options open to Council from the state and federal governments to achieve the objectives outlined in point 4.

6. Instructs the CEO to write to Superintendent Greg Moore from the NSW Police as part of preparing the report inviting him to share any suggestions or provide any other comments regarding this matter.

Recent anecdotal community concern surrounding safety in car parks and other areas of Nowra and Bomaderry has prompted investigation into the perception of crime in Nowra and Bomaderry.

A desktop audit of Council’s coverage of Closed-Circuit Television Cameras (CCTV) has been undertaken to identify the suitability of CCTV as a strategy to improve the perception of community safety, particularly in Council-owned car parks servicing the Nowra CBD area.

Additionally, statistical analysis of crime in the Nowra and Bomaderry suburbs is informed by the NSW Bureau of Crime Statistics and Research (BOCSAR) database of crimes reported to police. The BOCSAR database helps identify areas of high reported crime rates and which offences are increasing in frequency, by capturing details such as the type of offence and when and where it was committed. 

Input from Acting Superintendent Ray Stynes of South Coast Police District informs this report, which includes suggestions and comments on community safety, reported criminal activity and community safety initiatives.

Part (2) – Researches crime statistics, and seeks input of NSW Police, in order to create an evidence base of the location, frequency and severity of crime in the Nowra/Bomaderry area to fully inform any future Council investment in mitigation and crime prevention measures

Overall consideration of BOCSAR data indicates that while Nowra and Bomaderry experience a comparatively higher rate of crime than the NSW state average, the general trend across crime types over a ten (10) and two (2) year period up to March 2022 is either stable or falling.

Incidents of malicious damage to property in carparks and retail/wholesale premises in Nowra and Bomaderry suburbs specifically is comparatively higher than the NSW state average, however local community concerns surrounding crime and safety is not reflected in the available data.

Anecdotal accounts from NSW Police - South Coast Police District indicate that while there has been a perceived increase to the rate of crime in Nowra and Bomaderry post COVID-19, rates have not returned to pre COVID-19 rates.

Crime Profile - Nowra

Most reported offences in the Nowra area occur in a residential setting. While the overall rates of different crime types reported in Nowra are higher than the NSW state average, the majority of crime in Nowra is either stable or showing a downward trend across a two (2) and ten (10) year period.

In the Nowra suburb, there is a notable downward trend over the ten (10) year period to March 2022 in reported theft related offences (break and enter dwelling, break and enter non-dwelling, motor vehicle theft, steal from motor vehicle, steal from retail store, steal from dwelling and steal from person). Most theft related offences in Nowra occur in a residential setting (Attachment 1 - Table 1).

Theft – Fraud is an area of particular concern, sustaining upward trends of 102.7% per year over the two-year period to March 2022, indicating further investigation into fraud-related offences in the Shoalhaven is required (Attachment 1 - Table 2). It is important to note, that when considering rates of fraud in the area, that this reflects victims of fraud making police reports within Nowra and does not reflect the perpetration of fraud.

Over the two (2) year period to March 2022, rates of theft have remained stable in Nowra, with the exception of theft – steal from dwelling which has increased at a rate of 41.5% per year over the past two (2) years. However, when considering the data trend over a ten (10) year period, rate of Theft – steal from dwelling in Nowra, has reduced by 3.8% per year (Attachment 1 - Table 2).

Theft – Steal from a retail store has significantly decreased over the past two (2) years to March 2022 at a rate of 35.1% per year, indicating that community safety strategies have been highly successful in addressing retail theft (Attachment 1 - Table 2).

Other crime types, including intimidation stalking and harassment is experiencing a more recent upward trend of 24.4% in the two-year period to March 2022, however rates remain stable over the ten (10) year period to March 2022. Many of these offences occur in residential premises (Attachment 1 - Table 2).

Drug related offences in Nowra show a significant downward trend of 2.9% per year across a ten (10) year period and more significantly 44.2% reduction per year in the two years to March 2022, many of which occur on roads/street/footpaths (Attachment 1 - Table 1).

Crime Profile – Bomaderry

Similarly to Nowra, the majority of reported offences in the Bomaderry area occur in a residential setting (Attachment 1 - Table 1). While the overall rates of different crime types reported in Bomaderry are higher than the NSW state average, the majority of reported crime is either stable or showing a downward trend across both a two (2) and ten (10) year period (Attachment 1 - Table 2).

Of note is the rate of Theft – Steal from a motor vehicle in Bomaderry, showing a downward trend of 9.8% per year over the ten (10) year period to March 2022. Reported theft has also reduced at a rate of 5.6% per year over the ten (10) year period to March 2022 in Bomaderry (Attachment 1 - Table 2).

Similarly, to Nowra, of particular significance is the rate of Theft-Fraud in Bomaderry, which has increased at a rate of 77.1% per year over the two (2) years to March 2022 (Attachment 1 - Table 2). Again, it is important to note, that when considering rates of fraud in the area, that this reflects victims of fraud making police reports within Bomaderry and does not reflect the perpetration of fraud.

Malicious Damage to Property – Nowra and Bomaderry

BOCSAR data indicates that over the 12-month period between January 2021 to December 2021 (Attachment 1 - Image 1) Nowra and Bomaderry have an identified varying rate for incidents of malicious damage to property in the Shoalhaven (Attachment 1 - Image 1). This is calculated by dividing the number of recorded incidents/victims/offenders by the residential population for each area (BOCSAR 2020). "Hotspots are not adjusted for the number of people residing in or visiting the region and so do not necessarily reflect areas where people have a higher-than-average risk of victimisation” and rates should be treated cautiously for areas with high visitor numbers relative to the residential population, such as in CBD locations (BOCSAR 2020).

Over the ten (10) year period from January 2012 to December 2021, the rate of incidents of malicious damage to property in Nowra is higher than the NSW state average. However, the rate of reported incidents of malicious damage to property over the same ten (10) year period in Bomaderry is similar to the NSW state average. The rate of malicious damage to property in both Nowra and Bomaderry has experienced an overall downward trend of 3.8% per year over the last 10 years (Attachment 1 - Table 3). Over the five (5) year period between January 2017 to December 2021, the rate of malicious damage to property in both Bomaderry and Nowra has remained stable (Attachment 1 - Table 4).

Malicious damage to property in retail/wholesale and carpark premises in the Nowra and Bomaderry suburbs is significantly less than rates of malicious damage to residential premises.

The rate of damage to property in retail/wholesale (5.1%) and carpark (9.2%) premises in Nowra is comparatively lower than that to residential property (65.4%) between April 2021 and March 2022 (BOCSAR 2022) (Attachment 1 - Graph 1).

This trend carries over to the Bomaderry suburb where malicious damage to property to residential property represents 69% of all malicious damage to property reports in the area between April 2021 to March 2022 (Attachment 1 - Graph 2).

Conclusions

When considering the premises targeted by offenders maliciously damaging property in the suburb of Nowra and Bomaderry, the rate of damage to property to retail/wholesale and carpark premise is comparatively low. BOCSAR data indicates that efforts should focus to a greater degree on crime prevention strategies and improved community safety in the residential space and on other types of offences. These actions should involve a whole of community approach and does not justify significant investment in safety infrastructure, such CCTV in Council owned carparks.

Review of recorded crime statistics available through the BOCSAR database highlights consideration for classifications of offences other than malicious damage is required, such as Theft – Steal from dwelling and Fraud and More offences – Intimidation, stalking and harassment. Both of which are more likely to occur in the residential space, indicating that a whole of community approach would be more successful in improving community safety in Nowra and Bomaderry.

Part (3) - Directs the CEO to investigate and audit the coverage of CCTV cameras and lighting in Council owned car parks in and around the Nowra CBD and prepare a report for Councillors outlining the findings of the audit.

A desktop review was undertaken of the following Council owned carparks in the Nowra CBD, which included the following sites:

· Bridge Road Carpark (Attachment 2 - Image 2)

· Collins Way and Berry Street Carpark (Attachment 2 - Image 3)

· Egan’s Lane Carpark (Attachment 2 - Image 4)

· Lawrence Avenue/Kinghorne Street (Attachment 2 - Image 5)

· Stewart Place Carpark (Attachment 2 - Image 6)

· Worrigee Street Carpark (Attachment 2 - Image 7)

· Osbourne Street Carpark (Attachment 2 - Image 8)

· Graham Street Carpark (Attachment 2 - Image 9)

The above Council owned carpark have existing lighting in place as per mapping in Attachment 2. There are currently no CCTV cameras located in these Council owned car parks.

However, several cameras are located in the Nowra CBD at present, primarily located on Junction Street, Nowra (Attachment 2 - Image 10) with others being located in Jelly Bean Park, Nowra and on Egan’s Lane, Nowra.

Part (4) - Directs the CEO to include in his report recommendations for any additional security infrastructure or other measures needed to improve community safety particularly in the Council owned car parks servicing the Nowra CBD.

A review of BOCSAR data does not support investment in CCTV or other security infrastructure in Council owned carparks. Matters of community safety in the Shoalhaven, including in Council owned carparks servicing the Nowra CBD will continue to be monitored through the Shoalhaven Safety Liaison Meeting. The rate of damage to property to retail/wholesale and carpark premises is comparatively low in the suburbs of Nowra and Bomaderry, indicating that most reported offences are taking place outside of Council owned carparks servicing the Nowra CBD.

Available data calls for consideration of classifications of offences other than malicious damage, particularly those offences occurring in the residential space. A whole of community approach to community safety and crime prevention would be more successful in improving community safety in Nowra and Bomaderry, for example through strategic community partnerships and the proposed Shoalhaven Community Safety Plan.

Shoalhaven Safety Liaison Meeting

Shoalhaven Council hosts the quarterly Shoalhaven Safety Liaison Meeting, which involves representatives from the following:

• NSW Police Force – South Coast Police District

• Shoalhaven Business Chamber

• Southern Cross Housing

• NSW Health - Shoalhaven Hospital

• Shoalhaven City Council:

· Chief Executive Officer and / or representative

· Directors

· Manager Community Connections

· Lead – Ranger Services

· Other staff as required.

The Shoalhaven Safety Liaison Meeting is a forum to discuss operational opportunities requiring greater collaboration on any safety matters in the Shoalhaven. It provides a platform for community safety with a focus on crime prevention, acknowledging the importance of connected communities to decrease crime and anti-social behaviour.

Council staff and NSW Police - South Coast Police District have undertaken training in Crime Prevention through Environmental Design (CPTED) principles, frequently partnering in implementing this strategy which focuses on the planning, design and structure of cities and neighbourhoods.

By completing CPTED assessments in identified areas and making recommendations on crime prevention strategies Council Staff and NSW Police - South Coast Police District reduce the opportunity for crime by using design and place management principles that reduce the likelihood of essential crime ingredients.

The combination of frequent engagement with the community, particularly Nowra CBD and in Jelly Bean Park by NSW Police – South Coast Police District, a strong working relationship between NSW Police - South Coast Police District and Council Rangers and educating local business on target hardening strategies all support improving community safety in Nowra and Bomaderry.

Shoalhaven Community Safety Plan - Building Better Regions Fund – Community Investments Stream Grant Funding Application

Shoalhaven City Council staff continue to identify potential funding opportunities to develop strategies that consider a wider range of community safety issues, including the Building Better Regions Fund – Community Investments Stream – Round 6 and the Safer Communities Fund – Early Intervention Grants for the development of a Community Safety Plan. This will replace the current Crime Prevention Plan.

Shoalhaven City Council applied for grant funding (Building Better Regions Fund - Community Investments Stream - Round 6) to develop a broader Community Safety Plan, which considers a wide range of community safety issues.

The grant application is supported by the following stakeholders offering letters of support, indicating strong stakeholder investment in the Shoalhaven Community Safety Plan:

· Fiona Phillips MP, Member for Gilmore

· Shelley Hancock MP, Member for South Coast

· South Coast Police District

· Regional Development Australia - Far South Coast

· Southern Cross Housing (local community housing provider)

· Salt Care (local community service organisation providing homelessness support)

· SAHSSI (Supported Accommodation and Homelessness Services Shoalhaven Illawarra)

· Shoalhaven Business Chamber

· Milton Ulladulla Business Chamber

The grant application is supported by a 50% funding contribution from Council. The outcome of this grant application is unknown at the time of writing this report.

The Shoalhaven Community Safety Plan will be a strategic plan identifying community safety priorities and will outline actions that Council will undertake to address the priorities. It will support Council and the community to work together strategically to improve community safety. The project will work to improve community understanding and civic engagement with the process of collaboratively building community safety, empowering local residents and businesses to play a positive role in contributing to community safety in partnership with other stakeholders.

The project will use community engagement to seek input from residents, service providers, community groups, visitors, businesses, institutions and other stakeholders, to improve understanding of the impacts of community safety issues on local business, residents and visitors. Disadvantaged and difficult-to-engage cohorts in the community will be considered, including people with disability, children and young people, older people, Aboriginal and Torres Strait Islander people, and people experiencing homelessness or domestic violence.

The input from engagement with residents, visitors and businesses will be used to identify community safety priorities and will inform the development of actions to address these priorities. These priorities and actions will form the Shoalhaven Community Safety Plan, a strategic document that will support Council and the community to work together strategically to improve community safety and reduce the impact of community safety issues on local businesses, visitors, and residents. By improving community safety, we will improve the community's ability to use public spaces to live active lifestyles, get around locally, make social connections, and participate in the community. Staff will continue to seek out and apply for funding to implement community safety strategies as recommended after the Community Safety Plan is adopted by Council.

Part (5) - Instructs the CEO to include information about potential funding options open to Council from the state and federal governments to achieve the objectives outlined in point 4.

Council staff continue to work to identify appropriate opportunities to fund evidence-based investment in safety infrastructure and other initiatives to improve community safety for the Shoalhaven.

It is highly recommended that the decision to apply for grant funding for the investment in community safety infrastructure and measures in the Shoalhaven be guided by the recommendations formed in the proposed Shoalhaven Community Safety Plan.

Currently an application has been lodged under the Building Better Regions Fund – Community Investments Stream Grant Funding Application for a Shoalhaven Community Safety Plan. The outcome is pending.

Part (6) - Instructs the CEO to write to Superintendent Greg Moore from the NSW Police as part of preparing the report inviting him to share any suggestions or provide any other comments regarding this matter.

Council continues to work with NSW Police - South Coast Police District and other Government organisations to advocate for community safety measures and identify opportunities to work together to improve safety in the broader community. Input from Acting Superintendent Ray Stynes of South Coast Police District supports this report, which includes suggestions and comments on perceived community safety, reported criminal activity and crime prevention recommendations. NSW Police – South Coast Police District have accepted an invitation to attended and present at the Councillor Briefing scheduled for 27 July 2022.

Shoalhaven City Council also hosts the quarterly Shoalhaven Safety Liaison Meeting, which involves representatives from the NSW Police Force – South Coast Police District along with other appropriate stakeholders as noted under part (4), which provide a formal avenue for matters to be tabled and considered.

Community Engagement

Council staff have collaborated with Acting Superintendent Ray Stynes of South Coast Police District and cross-departmentally within Council to develop this report.

Policy Implications

The pending development of the Community Safety Plan will incorporate and supersede the information within Council’s current Crime Prevention Plan.

Financial Implications

Council has identified matched funding of $40,000 to support any future successful grant funding application for the development of a Community Safety Plan. There is currently no additional budget identified for the actioning of recommendations in the impending Plan.

Future budgetary considerations will need to be given to the delivery of recommended actions within the Community Safety Plan once developed and will be included as part of future budget planning cycles.

Ordinary Meeting – Monday 08 August 2022

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CL22.354 Boongaree Stage 6 - Dog Fenced Off-Leash Area - Update to Council and Progress to Public Exhibition

HPERM Ref: D22/205359

Department: Community Planning & Projects

Approver: Jane Lewis, Director - City Lifestyles

Attachments: 1. On-Site Workshop - Activities and Record of Feedback Received - 12 February 2022 (under separate cover)

2. Concept Plan - Boongaree Dog FOLA ⇩

Reason for Report

This report requests Council’s endorsement to proceed to public exhibition of the Concept Plan for the Boongaree Stage 6 Dog Fenced Off-Leash Area.

Recommendation

That Council:

1. Receive this Report as an update on consultation associated with the development of the draft Concept Plan of the Boongaree Dog Fenced Off-Leash Area.

2. Proceed to Public Exhibition of the draft Concept Plan for the Boongaree Dog Fenced Off-Leash Area for 28 days;

a. If no significant adverse feedback is received as part of the exhibition, the Draft Concept be finalised and deemed adopted; or

b. If significant adverse feedback is received a further report on the outcomes of the public exhibition of the Draft Concept will be submitted to Council with any proposed changes.

3. Acknowledge and commend the involvement and interest of the community and their role in the development of the Concept Plan for the Boongaree Dog Fenced Off-Leash Area.

Options

1. Adopt the recommendation.

Implications: This option will enable the draft Concept Plan of the Boongaree Dog Fenced Off-Leash Area to be placed on public exhibition and will give the community an opportunity to comment. This is in line with community expectations, which will allow progression to detail design and delivery.

2. Adopt an alternate recommendation.

Implications: Depending on the significance of the recommendation, this may affect the progression of the project, resulting in delay in finalising concept plans for the Boongaree Dog Fenced Off-Leash Area. This may impact the overall timeframe to progress to detailed design and delivery.

Background

Boongaree, (previously Berry District Park) provides a unique opportunity to reinvigorate the northern edge of the township of Berry following the introduction of the Berry bypass road. Council endorsed the original Master Plan for the site in December 2018, with 7 stages identified for delivery, see Staging Plan provided as Figure 1.

The Boongaree Dog Fenced Off-Leash Area (FOLA), being Stage 6 is shaded in blue.

Map

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Figure 1 Boongaree Staging Plan

Project Control Group

An Internal Project Control Group (PCG) was established to ensure key considerations were identified and potential risks were mitigated at project inception. Members of the PCG are comprised of key internal stakeholders which include representatives from:

· Community Planning and Projects

· Shoalhaven Swim Sport Fitness

· Environmental Services

· Design Services / Projects & Technical Services

· Ranger Services

· Tourism

The PCG meet on an as needed basis to discuss key decisions in relation to the project, with other subject matter experts consulted on when required. This coordinated internal approach echoes the collaboration which is sought through the community consultation for the project.

Methodology

The methodology shown in Figure 2 has been developed to guide the process to ensure the project has clear steps and opportunity for amendment if required. Multiple feedback opportunities are available

Diagram

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Figure 2 Anticipated Process for Dog FOLA Project Delivery

The above methodology was utilised to prepare the draft Concept Plan for the Boongaree Dog Fenced Off-Leash Area.

Community Engagement

A webpage was established on Council’s Get Involved platform to inform the community of the project and provide updates.

Key points from the online engagement so far includes:

· 480 visits to the project page

· 74 visitors clicked around the page but didn’t provide a response

· 47 provided a survey response or submitted an expression of interest

· 18 visitors downloaded a document from the Document Library

Online Survey

An online survey was made available through the Get Involved page for the project from 12 January until 21 February 2022, which received a total of 35 responses. A summary of feedback is provided below:

· 94% of respondents self-identified as residents

· 54% of respondents were 59 years or less

· 94% are / were dog owners

· 74% would use the proposed dog FOLA at Boongaree

· 57% are happy with the concept

· 77% provided valuable further comments which included:

o Separate enclosures for large/small dogs

o Drinking fountain at all entrances

o Provision of dog waste bags and dispensers

o Fencing needs to be secure and ensure safety of dogs

On-site Workshop

An on-site workshop was held with members of the community on Saturday 12 February 2022 from 8am to 10am at the proposed dog FOLA site (western portion of Boongaree).

Expressions of Interest were sought through the Get Involved page from 23 December 2021 to 28 January 2022. A total number of 15 submissions were received, with 7 of those attending on the day. An additional 2 community members were registered on the day, with a total of 9 participants in the workshop.

The purpose of the workshop was to seek feedback on the draft Preliminary Concept Plan (see Figure 3) and promote discussion on what the Dog FOLA should consider and include or exclude. A copy of the activities undertaken, and feedback received is provided as Attachment 1.

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Figure 3 draft Preliminary Concept Plan prepared for survey and workshop discussion purposes

Draft Concept and Next Steps - Boongaree Dog Fenced Off-Leash Area

The draft Concept Plan, for which this Report seeks endorsement to publicly exhibit, is based on feedback received on the draft Preliminary Concept Plan which was presented for discussion and comment through the online survey and on-site workshop. Proposed improvements and amendments received from the online survey and workshop were discussed by the PCG and guided the revising of the draft Preliminary Concept Plan to result in the draft Concept Plan included at Attachment 2.

Should Council endorse the draft Concept Plan for public exhibition, the document will be publicly available under a 28-day exhibition process, where the public will be able to provide submissions and feedback on the Draft Concept Plan.

If there is no significant adverse feedback, it is intended that the feedback received throughout the public exhibition period will be analysed and discussed by the PCG for potential amendments as appropriate and the Plan deemed adopted. Following this, the next stage the Concept Plan, Detail Design and environmental assessment will commence to progress to delivery.

Should there be significant adverse comment received these will be reviewed by the PCG and reported back to Council with a revised Concept Plan for consideration and adoption. If the Concept Plan were to change substantially this may require a further period of public exhibition.

Policy Implications

Access Areas for Dogs Policy

Council's Access Areas for Dogs Policy and associated Dog Off-leash Guide provides dog owners with public domain conduct guidelines as well as defining dog off-leash, on-leash and prohibited areas within the ownership, management, care, and control of Council.   On completion, the future Boongaree Dog FOLA will need to be incorporated into the Policy and Guide.

Financial Implications

Council has committed $11m for the development of Boongaree, which includes stages 2-7 of the precinct. From that, a budget of $10,000 for design, and $60,000 for delivery has been allocated to the Boongaree Dog Fenced Off-Leash Area.

Risk Implications

Appropriate environmental due diligence is to be undertaken to ensure that the impacts of the dog FOLA are of minimal impact, and any potential adverse impacts can be appropriately mitigated.

Signage and supporting infrastructure will need to be erected to ensure community awareness, and compliance with the NSW Companion Animals Act 1998 and Council’s Access Areas for Dogs Policy

Ordinary Meeting – Monday 08 August 2022

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Local Government act 1993

Chapter 3, Section 8A Guiding principles for councils

(1) Exercise of functions generally

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

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

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

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

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

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

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

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

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

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

(2) Decision-making

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

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

(b) Councils should consider social justice principles.

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

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

(3) Community participation

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

Chapter 3, Section 8B Principles of sound financial management

The following principles of sound financial management apply to councils:

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

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

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

(i) performance management and reporting,

(ii) asset maintenance and enhancement,

(iii) funding decisions,

(iv) risk management practices.

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

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

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

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

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

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

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

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

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

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

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

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

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