Agenda of Ordinary Meeting - Tuesday, 18 February 2025

Ordinary Meeting

Meeting Date: Tuesday, 18 February, 2025

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

Time: 5.30pm

Membership (Quorum – 7)

Clr Patricia White – Mayor

Ward 1 Ward 2 Ward 3

Clr Jason Cox Clr Ben Krikstolaitis Clr Denise Kemp

Clr Matthew Norris - Assist. Deput Mayor Clr Bob Proudfoot Clr Gillian Boyd

Clr Peter Wilkins - Deputy Mayor Clr Jemma Tribe Clr Karlee Dunn

Clr Selena Clancy Clr Luciano Casmiri Clr Natalee Johnston

Please note: The proceedings of this meeting (including presentations, deputations and debate) will be webcast, recorded and made available on Council’s website, 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 its 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

Walawaani (welcome),

Shoalhaven City Council recognises the First Peoples of the Shoalhaven and their ongoing connection to culture and country. We acknowledge Aboriginal people as the Traditional Owners, Custodians and Lore Keepers of the world’s oldest living culture and pay respects to their Elders past, present and emerging.

Walawaani njindiwan (safe journey to you all)

Disclaimer: Shoalhaven City Council acknowledges and understands there are many diverse languages spoken within the Shoalhaven and many different opinions.

2. Moment of Silence and Reflection

3. Australian National Anthem

4. Apologies / Leave of Absence

5. Confirmation of Minutes

· Ordinary Meeting - 28 January 2025

6. Declaration of Interests

7. Presentation of Petitions

8. Mayoral Minute

9. Deputations and Presentations

10. Notices of Motion / Questions on Notice

Notices of Motion / Questions on Notice

CL25.25....... Notice of Motion - Fleet & Plant Accountability and Transparency............... 1

CL25.26....... Notice of Motion - AEC Fleet & Plant Service Review Report....................... 2

CL25.27....... Notice of Motion - AEC Financial Sustainability Review - Actions Taken to Reduce FBT Liability.................................................................................................... 3

CL25.28....... Notice of Motion - Shoalhaven City Council Apply the Statutory Minimum for the Cambewarra Pony Club................................................................................. 4

CL25.29....... Notice of Motion - Report - Ongoing Maintenance of Vegetation at Collingwood Beach........................................................................................................................ 5

CL25.30....... Notice of Motion - Public Mowing Schedule................................................... 6

CL25.31....... Notice of Motion - Establishment of Playing Fields - St Georges Basin & Jervis Bay........................................................................................................................ 7

11. Call Over of the Business Paper

12. A Committee of the Whole (if necessary)

13. Committee Reports

CL25.32....... Report of the Financial Review Panel - 30 January 2025............................. 8

FR25.1........ Update on Property Sales - Mr Mark Crowther

FR25.2........ Materials Recovery Facility - Mr Mark Crowther & Mr Stuart Coughlan

FR25.3........ National Competition Policy and Council’s Category 1 Businesses – Mr Peter Dun

14. Reports

City Performance

CL25.33....... Ordinary Meeting Arrangements - April to October 2025............................ 14

CL25.34....... Code of Meeting Practice Reforms - Proposed Submission (Model Code) 20

CL25.35....... Aboriginal Advisory Committee - Expression of Interest for Membership... 26

CL25.36....... (CL24.369) 2024/2025 Community Donations - Round Two....................... 28

CL25.37....... Proposal to Rename Portion of Susan Street Vincentia.............................. 44

City Services

CL25.38....... Easement Extinguishment - Right of Way - Lot 1256 DP 31816 - 105 The Park Drive Sanctuary Point............................................................................................ 48

CL25.39....... Tenders - Supply Container Style Centrifuge.............................................. 51

CL25.40....... Tenders - Panel Contract - External Plant Hire........................................... 54

City Development

CL25.41....... Proposed Works in Kind Agreement - Road, Drainage and Open Space - Part Stage 2 and Stage 4, Moss Vale Road South Urban Release Area, Badagarang... 58

CL25.42....... Shoalhaven Family Day Care - Service Review - Future Direction............. 70

Shoalhaven Water

CL25.43....... Policy Review - Building Over Water / Sewer Pipelines Policy................... 80

CL25.44....... Policy Review - Water and Sewer Headworks Charges (Section 64 Contributions) Assistance for Developments....................................................................... 90

15. Confidential Reports

Reports

CCL25.2...... Tenders - Supply Container Style Centrifuge

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

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

CCL25.3...... Tenders - Panel Contract - External Plant Hire

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

Ordinary Meeting – Tuesday 18 February 2025

Page 0

CL25.33 Ordinary Meeting Arrangements - April to October 2025

HPERM Ref: D25/11794

Department: Business Assurance & Risk

Approver: Sara McMahon, Acting Director - City Performance

Attachments: 1. Proposed Schedule of two Ordinary Meetings per month - February 2025 to October 2025 ⇩

Purpose:

Council resolved at its Ordinary Meeting, 21 January 2025 MIN25.13 as follows:

That Council

2. Instruct the CEO to report back in February on the prospect of retaining the current meeting schedule of two Ordinary meetings per month, and consideration of scheduling Clr Briefing times to accommodate Councillors who cannot attend Briefings in the evening.

This report addresses the above resolution.

Summary and Key Points for Consideration:

This report, if endorses will effectively result in a rescission of MIN24.506 (referenced below). The report details the benefits of retaining the current meeting schedule of holding two (2) Ordinary Meetings a month and is in line with Clause 17.3 of the Code of Meeting Practice and Section 372(1) of the Act.

Council at the Ordinary Meeting of 14 October 2024 resolved (MIN24.506) to adopt in principle change in structure of Council Meetings to incorporate the re- establishment of the Strategy & Assets Committee and the Development & Environment Committees which:

“ a. Have the functions and delegations as held by those Committees of the same name which were in place at Shoalhaven City Council for a number of years until they were disestablished on 25 January 2022

b. Are comprised of all Councillors

c. Each have a meeting scheduled once per month, on Tuesdays commencing at 5.30pm

d. Receive deputations on matters listed on their agenda.”

For ease of reference, these Committees have been collectively and historically referred to as ‘Core Committees’ of the Council.

Council may appoint or elect such committees as it considers necessary under Clause 20.2 of the Code of Meeting Practice. When doing so, Council must specify the functions, membership and quorum of each Committee.

Should the Council not endorse the recommendation of this report based on MIN25.13 (referenced above), the matters referenced in the January report provided to Council (referenced here) that are yet to be addressed in order to finalise Part 8 of the resolution of 14 October 2024 (MIN24.506) including

· A revised timetable scheduling Ordinary Meetings and Core Committee Meetings

· Provisions of the Code of Meeting Practice regarding Core Committee Meetings

· Delegation instruments and functions of those previous Core Committees to ensure compliance with current legislative, policy and operational environments.

· Membership, Quorum and appointment of Chairperson of each Committee.

Recommendation

That further to the resolution of the Council 21 January 2025 Council:

1. Continue to hold two Ordinary Meetings per Month on a Tuesday commencing at 5:30pm.

2. Adopt a schedule of meetings for the period of February to October 2025 as Attachment 1 to this report which in general terms operates as follows:

a. Provides those meetings and/or briefings not being held on public holidays or during the following periods:

i. Easter Break - Friday 18 April to Monday 21 April 2025

ii. Australian Local Government Association National General Assembly - 24 to 27 June 2025

iii. Mid- Year Council Recess (July NSW School Holidays) – 1 to 18 July 2025.

3. Retains its current briefing schedule each Thursday to commence at 5.00pm.

Options

1. As recommended.

Implications: No change to the current practice of two ordinary meetings per month commencing at 5:30pm and the current practice of briefings each Thursday commencing at 5.00pm. This will supersede MIN24.506.

2. Continue to work toward establishing Core Committees.

Implications: The Council has not set meeting dates after 25 March 2025. Staff will continue to work on the tasks still outstanding and highlighted in the January report provided to Council (referenced here).

3. The proposed Committees have amended functions and/or delegations.

Implications: Changes to the functions or the delegations of the Committee may have implications with respect to legality of decision making. It is suggested that to checks can be completed, there be sufficient time for advice to be sought by the CEO to confirm the proposed changes can be enacted, before the committee commences to make decisions under delegation.

4. The Council changes the dates and start times time of the Ordinary meetings or briefings to suit the requirements of Councillors

Implications: Depending upon the proposed change, a further report may need to be provided to Council to clarify and put in place alternate arrangements for impacted processes. (i.e. Business paper delivery if meeting days are changed)

Background and Supplementary information

Council’s Code of Meeting Practice states that “The Council shall, by resolution, set the frequency, time, date and place of its ordinary meetings” in accordance with Section 365 of the Local Government Act (namely at least ten times each year, each time in a different month).

How and when Council meetings are held is up to each Council to decide, although the Local Government Act 1993 requires Council to meet at least ten times a year, each time in a different month.

Frequency/Date and Time of Meetings

The Council may set the times and days of meetings and briefings to suit their requirements.

When considering times and dates, Council should consider:

- Availability of all Councillors for the majority of meetings (where possible to achieve).

- Accessibility of members of the public to attend meetings where required (in addition to webcasting).

- Work, Health and Safety of Councillors and Staff to attend and travel to and from the meetings.

- Provisions of the Code of Meeting Practice (e.g., The current Code sets that meeting must conclude by 10pm).

- Achieving an efficient and effective use of resources for the decision-making requirements of the Council.

Meeting Business papers are required to be provided to the Council 3 days prior to the meeting.

Under the Local Government Act, Council is unable to delegate all its decision-making capacity to the CEO or a Committee or other body. In particular, Section 377 of the Local Government Act, outlines decisions which must be resolved by the full Council as they cannot be delegated. There are other provisions within legislation which govern Council activities and decisions which require certain decisions to be made only by the governing body of the Council at Ordinary (or Extra Ordinary) Meetings. Therefore, the Core Committees may consider a wide range of matters but may not make a final decision (resolution) on all matters.

The main benefit of Council retaining its current meeting structure of holding two Ordinary Meetings a month means that these meetings will be able to make the final decision (resolution) on all matters. This is clearer for the elected Council, the community and staff and is seemingly more efficient as matters will only be debated once (unless resolved to defer an item to a later meeting or Councillor briefing). Another benefit is the current expense incurred to run Council meetings will not increase.

Since the resolution 21 January 2025 the remaining tasks to re-establish the Core Committees has been ‘paused’. Should the Council resolve to continue to work towards re-establishing the Core Committees, the following work which is still required before Committee commencement before a further report to Council in March 2025 to endorse the new structure:

- Resolution of key aspects of the meeting arrangements, including the election of a Chairperson and Deputy Chairperson and order of business.

- Preparing a Draft Code of Meeting Practice incorporating required changes which will be presented to the Council and be subject to 28 days of community consultation (as required by legislation) prior to final adoption by the Council and implementation.

- Finalisation of drafting of the formal instruments of delegation to empower the committees for decision making.

Consideration of Briefing Times to commence earlier or later

Amending Councillor briefing times to commence later (such as 7pm or later) will have a considerable financial implication for staff having to attend. There is also a Work Health and Safety element to consider in relation to fatigue management for staff. The Local Government Award requires Council to pay staff who facilitate and present at briefings to scheduled breaks, meal allowances and paid overtime. This would therefore incur further cost implications that are unbudgeted for. This is not a cost effective outcome.

Earlier start times (during business hours) would have positive cost implications for Council, however, would have implications on the ability for a number of Councillors to attend due to work and personal commitments. This is therefore not recommended as an option.

Internal Consultations

Council’s Executive Leadership Team and internal subject experts have consistently been consulted of the proposed structure and arrangements for Committees.

External Consultations

No external consultation has been undertaken or is required with respect to the proposed meeting dates. Checks have been made with respect to specific events, public holidays and other regular scheduled events that Councillors may be involved in to reduce opportunity for schedule conflicts.

Where required advice has been sought from OLG and legal advice obtained on matters pertaining to committee delegations.

Community Consultations

No community consultation has been undertaken or is required with respect to the proposed meeting date schedule.

Any amendments that are required to the Code of Meeting Practice upon Council determining changed arrangements will require public exhibition of the Code, prior to its adoption under legislation.

Council is required to make publicly available a list of endorsed meeting times and dates. Council will also need to provide public information informing the community of the arrangements in place.

Policy and Statutory Implications

The implementation of the recommendations does not result in any policy or statutory implications.

Any amendments that are required to the Code of Meeting Practice as a result of an alternate recommendation will require Public Exhibition of the Code, prior to its adoption under legislation.

Financial Implications

The frequency and time dedicated to Council Meetings, Committees and briefings has a direct correlation with the administrative costs and resources for those meetings as detailed throughout the report.

Risk Implications

Decisions of the Council need to be made in accordance with legislation, guidelines and adopted policy. Hence care is being taken to ensure the functions and delegations of Committees are specifically and appropriately worded and endorsed prior to commencement of Committee operations.

There is also reputational risk for the Council if the arrangements put in place for the Council are insufficiently transparent, ineffective, unlawful or inefficient.

Ordinary Meeting – Tuesday 18 February 2025

Page 0

CL25.34 Code of Meeting Practice Reforms - Proposed Submission (Model Code)

HPERM Ref: D25/44450

Department: Business Assurance & Risk

Approver: Sara McMahon, Acting Director - City Performance

Attachments: 1. Draft - New Model Code of Meeting Practice Local Councils in NSW - Track Changes (under separate cover) ⇨

2. Additional Consultation Document - Draft Model Code of Meeting Practice reforms (under separate cover) ⇨

3. Proposed Submission OLG - Code of Meeting Practice Reforms (under separate cover) ⇨

Purpose:

To inform Council of the significant reforms proposed for the Model Code of Meeting Practice seek endorsement of Council submission.

Summary and Key Points for Consideration:

The Office of Local Government is inviting feedback from the Local Government Sector and others on proposed amendments to the Model Code of Meeting Practice for Local Councils in NSW (Model Meeting Code). The closing date for submissions is COB Friday, 28 February 2025.

Attached in the first document is the draft Model Code of Meeting Practice (MCOMP) with track changes shown, demonstrating the significant changes out for consultation.

Attached in the second document is the additional consultation document which outlines many, but not all, of the changes.

· The proposed amendments to the Model Meeting Code are the first tranche of reforms to the regulation of meetings. The second tranche will be legislated in 2025 as part of the measures implemented to reform the regulation of councillor conduct and will have a particular focus on behaviour at meetings.”

· The amendments to the Model Meeting Code will be given legal force through an update to the reference to the code in the Regulation.

It is important to note that much of the proposed submission seeks clarity and understanding of the reforms and how they are to be applied and that all reforms are not opposed.

Recommendation

That Council endorse the proposed submission (Attachment 3) to the Office of Local Government in relation to the Code Of Meeting Practice Reforms.

Options

1. As recommended

Implications: The submission will be provided to the Office of Local Government as a Council submission.

2. That Council receive the proposed submission and report for information

Implications: The submission will be provided from staff noting this was not endorsed by Council.

3. An alternative recommendation

Implications: unknown

Background and Supplementary information

The amendments are part of the Government’s agenda to ensure that councillors are visibly in control of their councils, demonstrating to the community that decision making is genuinely local.

Significant changes and those mentioned within the proposed submission include:

· Removing pre-meeting councillor briefings. It is the Government’s expectation that any material provided to councillors, other than the Mayor, that will affect or impact or be considered by councillors in their deliberations or decisions made on behalf of the community, must be provided to them in a transparent manner either at committee meeting or Council meeting. The restriction on briefing sessions will be prescribed in the Regulation.

o The Mayor will not be subject to these restrictions and may receive information to undertake their functions under the Act.

o Code of Meeting Practice (COMP) will be amended to remove all provisions for pre-Council briefings. Options available to briefing of Councillors will be:

§ No briefings and include all relevant information in Council business papers only

§ Public Briefings

· Requiring information considered at closed meetings to be made public after it ceases to be confidential, as recommended by ICAC. The General Manager (CEO) will, after consulting with council, be required to review and publish business papers for items considered in closed meetings on the council’s website after the information in them ceases to be confidential.

o In practice release of information over- time will be by Council Resolution - via periodic reports from General Manager/ Director City Performance before each piece of previously confidential item/information becomes public. (New provisions in COMP 14.19, 14.20)

o This will require additional administration at report approval stage (Determining when information will no longer be confidential) and additional resourcing within the City Performance Directorate to manage this to ensure timely assessment and release of information and manual monitoring as to when particular information ceases to be confidential.

· Providing as a default that councillors are to attend meetings in person. Councillors will only be permitted to attend meetings by audio visual link where they are prevented from attending a meeting in person because of ill health or another medical reason or unforeseen caring responsibilities. (COMP 5.19).

o Councillors will be required to provide reasons under the new provisions of the Code. Clarity will be needed on how this will be dealt with.

o Previous optional provisions about Council or Committee being the determining body in an application to attend audio visual link will now be applied. If not approved, the Councillor’s visual link will be terminated (see COMP 5.25-28).

· Removing the option for staff to attend meetings by audio visual link. (COMP 5.44).

o It is considered that audio visual attendance by staff would be best determined by the General Manager (CEO) given the operational circumstances and an additional classification for consultants/ advisors as this may have cost implications for Council re travel/ accommodation.

o There is currently a risk assessment in place that provides for staff to attend remotely when there are identified work health and safety risks. Under this arrangement, alternate mitigating factors would be required.

· Empower mayors to expel councillors from meetings for acts of disorder, remove a councillor’s entitlement to receive a fee for a month in which they have been expelled from a meeting, confer a right of review on councillors in relation to a decision to expel them from a meeting and the resulting loss of their entitlement to receive a fee. (MCOMP 15.15 - 17).

o The proposal reduces the current process involved in a decision by Mayor (or Chair) to expel a Councillor as the requirement for a Council resolution before expulsion has been removed as part of the reforms.

o Council will have the opportunity to include in the Code the option of expulsion of others or others and Councillors by direction of the Chair only.

o There is likely to be an administrative impact arising from fee suspension and any mechanism related to appeal.

· Providing that the Mayor, not the General Manager (CEO) has discretion on whether council staff should respond to Questions With Notice. It will be open to the Mayor to rule a Question with Notice out of order at the meeting if it is considered to breach the disorder provisions of the council’s Code Of Meeting Practice. (MCOMP 3.13-16).

o Any Questions on Notice (QON) in a Notice of Motion submitted by a Councillor which are considered lawful will be placed on the agenda without an answer from the CEO, and Mayor at meeting may determine it will not be answered. Further Questions on Notice will no longer be able to be answered orally (MCOMP 3.16)

o Removing 3.13 of the MCOMP removes the restrictions of making allegations against Councillors or staff.

o The Submission seeks clarity on:

§ If it is intended that the Mayor will decide whether a QON is included on the paper before publication

§ Whether dissent can be moved on the Mayor’s ruling on this matter

§ Whether debate will be allowed before the decision by the Mayor

§ Why the OLG are removing provision 3.13 re comments CEO or staff

§ What transitioning of provisions will be applied for Questions on Notice which have been previously been submitted

· Conferring responsibility on the council to determine staff attendance at meetings. The proposal outlines that as councillors are best placed to determine what support they require from staff at meetings, it will be a matter for the council to determine which staff attend meetings. (COMP 5.44).

o Council will need resolve at certain periods which staff will attend Ordinary and Committees (MCOMP 5.44)

o This proposal raises concern as it may blur the lines between Council strategic and operational direction.

o Not allowing the CEO or Directors to bring along staff who are topic experts ad hoc may result in deferral of business (because a need of technical clarification that the Director is unable to address on the floor of Council).

· Councils will be free to determine their own rules for public forums (deputations) (MCOMP Section 4)

o Clarification is sought in the submission around the expectations of webcasting for a public forum, and if they may be attended remotely.

· Amendments are proposed to also be made to the Act and Regulation (as required) to empower councils to issue penalty infringement notices to members of the public who disrupt meetings

o The submission seeks Seek clarification on the following:

§ Details on which conduct may prompt infringement?

§ Whether there are warnings and/or discretion provisions?

§ What will be the mechanisms for review?

§ How does this relate to exclusion provisions?

· Acts of Disorder- amendments reflecting behaviour in the NSW Legislative Assembly (MCOMP 15.10d)

o The reforms amend provisions on what is disorderly conduct and removes reference to the Code of Conduct and replaces with “uses any language, words or gestures that would be regarded as disorderly in the NSW Legislative Assembly”

o The rules for the operation of parliament are different than those for Council and therefore, it is unclear from the current proposed wording, what the impact will be. In accordance with the Standing Rules and Orders of the Parliament disorderly conduct can include a range of behaviours that disrupt the proceedings. This can involve:

§ Interrupting speakers: Members must wait for their turn to speak and not interrupt others.

§ Using offensive language: Any language that is deemed offensive or disrespectful is not allowed.

§ Ignoring the Speaker’s directions: The Speaker has the authority to maintain order, and members must comply with their instructions.

§ Engaging in physical altercations: Any form of physical confrontation is strictly prohibited.

§ Making excessive noise: Members should not create noise that disrupts the proceedings

o There are also a range of behaviours captured in the Orders which relate to procedures, manner of address in the NSW Parliament such as breaching their rules of debate, and even how and where members can walk in the chamber during debate. Clarity is required on whether all of these will apply to the Council or only those specifically listed in other provisions in the COMP in order to understand full impact.

o The submission seeks to request clear direction and wording within the Model Code on the behaviours in question rather than a broad direction referencing NSW Parliament documentation.

· The CEO must consult with Mayor regarding confidential reports.

o When preparing the business paper for Ordinary Meetings, the CEO must consult with Mayor on any business proposed to be in closed session.

o The submission seeks clarity on:

§ What the consultation means and obligations of the CEO when/if the Mayor disagrees.

§ Whether Mayor and/or Chair will need to be consulted in cases of Closed Agenda for Extraordinary or Committee meetings.

· The Option for Council to debate recission at same meeting - Slight changes to 17.12 which retains the option for Council to include in COMP provision to consider rescission on an item at same meeting at where it was resolved.

o Traditionally Council has not applied this option (it has been in the past an optional provision). However, changes made in these reforms, do not align with other urgency amendments that are proposed i.e. the provisions differ depending on whether all Councillors are present.

o The submission seeks clarity on why an urgency motion for a recission at the same meeting under 17.12, does not contemplate the attendance of all councillors for permitting this to occur.

· The End of Council meeting time will no longer be stated in COMP as Council can change the time by resolution from time to time.

o The submission seeks clarity on whether the end of meeting time can be amended to be applied at the same meeting (MCOMP18.1-2)

Internal Consultations

The Governance Coordinator and Manager – Business Assurance and Risk briefed and consulted with the Executive Leadership Team on the proposed reforms and the proposed submission for their feedback and additions.

The OLG Circular in December was provided to Councillors via the Councillor Portal for consideration and comment.

External Consultations

Nil.

Community Consultations

No wider consultation has occurred on behalf of Council however, submissions to the proposal may be made by individuals directly to the OLG.

Council has recently resolved to consider amendments to our current Code of Meeting Practice. A workshop will be held with Councillors to discuss amendments prior to a further report to Council outlining a policy foe endorsement for public exhibition.

Should any of the reforms be implemented and legislation changed this would require changes to our Code Of Meeting Practice in line with the changes which would require public consultation prior to its adoption at that time.

Policy and Statutory Implications

The Code of Meeting Practice must be reviewed, publicly exhibited and adopted by Council by September 2025 under the Local Government Act 1993 (Within first 12 months of newly elected Council). The model code shows mandatory text required in black text with optional additional provisions in red. (blue text is specific to Joint Organisations and County Councils.)

If the proposal is adopted some information will be removed from the Code of Meeting Practice however will require Council resolution for direction, e.g. End time of Meetings. And this will need to be captured in reports submitted to Council for consideration at beginning of term and other periodic intervals.

Financial Implications

Further training will be recommended for our Councillors should these reforms be legislated as the training provided within the Councillor onboarding and induction program would become significantly outdated with these changes.

Some of the reforms have the potential to financially impact the Council such as:

· Requiring information considered at closed meetings to be made public after it ceases to be confidential

· Removing the option for staff to attend meetings by audio-visual link.

· Amendments to the Act and Regulation to empower councils to issue penalty infringement notices to members of the public who disrupt meetings

Risk Implications

Thesubmission is recommended to provide the Council an opportunity to voice concerns and seek further information with respect to the proposed amendments to meeting practice.

Ordinary Meeting – Tuesday 18 February 2025

Page 0

CL25.35 Aboriginal Advisory Committee - Expression of Interest for Membership

HPERM Ref: D25/17142

Department: Business Assurance & Risk

Approver: Sara McMahon, Acting Director - City Performance

Purpose:

The purpose of this report is to seek Council endorsement to commence an Expression of Interest (EOI) process to fill the current committee member vacancies on the Aboriginal Advisory Committee.

Summary and Key Points for Consideration:

The Aboriginal Advisory Committee currently has five (5) x community representative vacancies due to a recent lapse of membership and two (2) x youth representative vacancies that Council have been unable to fill since 2023. It is recommended to commence an Expression of Interest (EOI) to appoint and fill these vacancies to ensure the committee can reach quorum.

Recommendation

That Council:

1. Note an Expression of Interest process to fill the five (5) x community representative and two (2) x youth representative vacancies on the Aboriginal Advisory Committee has commenced.

2. Note and confirm the re-nomination of Ms Sharlene Cruickshank and Ms Natalie Lloyd for an additional term with the expiry set for 18 February 2029.

Options

1. Adopt the recommendation.

Implications: The vacant positions will be filled.

2. Adopt an alternative recommendation.

Implications: Unknown.

Background and Supplementary information

Memberships Lapsed & Expression of Interest

On the Aboriginal Advisory Committee, there are five (5) community representatives that are due to expire in January and/or February 2025 and will be deemed vacant positions.

Noting the above memberships that are due to expire, there are five (5) x community representative positions and a further two (2) youth community representative positions deemed vacant. There is an ongoing Expression of Interest (EOI) for the youth community representatives that has been active since 2023.

Appointments of community representatives is conducted through Council’s Expression of Interest EOI) process and will be advertised on the Council webpage.

https://www.shoalhaven.nsw.gov.au/News-and-feedback/Participation-opportunities/Council-Committees/Aboriginal-Advisory-Committee

Re-nominated Members

Ms Sharlene Cruickshank and Ms Natalie Lloyd were appointed to the Committee on 25 January 2021 with a membership end date of 25 January 2025. As per the Terms of Reference, standing members can re-nominate for an additional term. We received nominations from Ms Sharlene Cruickshank and Ms Natalie Lloyd to be appointed for an additional term, noting their membership would now be set to expire as of 18 February 2029.

Internal Consultations

Internal consultation has occurred between the Governance Unit and Community Connections.

External Consultations

External consultation has occurred with all committee representatives whose membership had expired and lapsed via email and phone.

The Chairperson of the Committee was advised of the upcoming vacancies and the need to conduct an EOI to fill these positions as per the Committee’s Terms of Reference.

In addition, external consultation has occurred for the two previously mentioned committee members whose membership was due to expire in January 2025 and were eligible to re-nominate for an additional term as per the Terms of Reference.

Community Consultations

There has been no further community consultation other than the Expression of Interest which opened July 2023 and will remain open until 18 April 2025 or until all positions are filled.

Policy and Statutory Implications

The Expression of Interest is conducted in accordance with the Adopted Terms of Reference.

Financial Implications

Minor financial implications will be occurred to conduct an Expression of Interest process for the advertisements.

Risk Implications

There is a risk implication of the Committee not being able to reach Quorum and this would mean the inability to fulfil their role under the Terms of Reference.

Ordinary Meeting – Tuesday 18 February 2025

Page 0

CL25.36 (CL24.369) 2024/2025 Community Donations - Round Two

HPERM Ref: D25/16758

Department: Business Assurance & Risk

Approver: Sara McMahon, Acting Director - City Performance

Attachments: 1. Informal Minutes - Panel Meeting - 22 Oct 2024 ⇩

Purpose:

A report back to Council following a Councillor Workshop on Councillor Donations arising from a resolution of the Council on 26 November 2024 which deferred consideration of the Donations Report (CL24.369) from staff to allow consideration of the policy and applications by Councillors. The Councillor Workshop was held on 16 January 2025.

This report provides for consideration of the Council the applications for the second round of Community Donations 2024/2025, as recommended by the Community Donations Assessment Panel (as were outlined in the report to Council on 26 November 2024.)

Summary and Key Points for Consideration:

On 29 July 2024 Council resolved to undertake a second round of the 2024/2025 Community Donations Program (MIN24.393), with a total budget of $52,568.19 left over after the first round of Community Donations.

In accordance with the Community Donations Policy, the Donations Assessment Panel met on 22 October and 24 October 2024. The Panel considered all 39 applications received totalling $192,720.73 of requested funds and recommended that the total amount of funding to be paid for the second round of the 2024/2025 Financial Year by the Community Donations Assessment Panel is $52,222.00, to the 15 organisations listed below. Further details about the applications recommended and not recommended for funding can be found at Attachment 1 of the report, along with the Donations Assessment Panel feedback.

On 26 November Council resolved to (MIN24.636);

1. Note the information in the report outlining the process followed for round two of the 2024/2025 Community Donations Program, including the applications received.

2. Note that the previously resolved amount of $10,000 to the Rotary Club of Milton-Ulladulla will now be provided to the Ulladulla Blessing of The Fleet Festival Inc for the reasons detailed in the report, replacing the resolution of that amount being donated to the Rotary Club of Milton-Ulladulla (MIN24.393).

3. Defer this matter to a Councillor workshop to discuss the allocation of funds by staff in the second round and review the Community Donations Policy.

4. Receive a further report back following an outcome from the Councillor workshop.

The Councillor workshop took place on 16 January 2025, and in accordance with part 4 of the above resolution, a report back is now provided for Councils consideration of the Donations Assessment Panel recommendation below. The total amount of funding recommended to be paid by the Community Donations Assessment Panel is $42,222.00, to the 14 organisations listed below, noting that $10,000 has now been provided to the Ulladulla Blessing of The Fleet Festival Inc.

Recommendation

That Council

1. Note the information in the report outlining the process followed for round two of the 2024/2025 Community Donations Program, including the applications received.

2. Approve the funding of the 2024/2025 Community Donations recommended by the Community Donations Panel, totalling $42,222.00 to the following community organisations and community groups in the Shoalhaven:

Organisation	Donation For:	Amount Recommended
City of Shoalhaven Eisteddfod Inc	City of Shoalhaven Eisteddfod Inc	$5000
Cudmirrah Berrara Community Garden	Community Wellbeing programs	$1000
Milton Ulladulla Family History Society	40th anniversary lunch celebration for Milton Ulladulla Family History	$1000
Rainbow Club Australia	Water Safety, Swimming Lessons and Events for Local Disabled	$2,500
Shoalhaven City Concert Band	Summer Sounds Concert Band Workshop and Free Concert	$1000
Shoalhaven Community Choir	Harmony Day Celebration	$3000
Tabourie Lake Museum	First Nations Collection Project	$3,100
Ulladulla & District Community Resource Centre	Community Connection through Activity in Fisherman's Paradise	$4,370
Walk n Talk For Life Ulladulla	Walk n Talk For Life Ulladulla	$1000
Love Culburra Beach Festival Inc	Culburra Beach Festival	$4000
Albatross Musical Theatre Company	Albatross Musical Theatre Company Rehearsal Support	$6000
Cambewarra School of Arts	Subsidised Council Rates and Council Water Rates	$2,132
Lay Missionary of Charity Soup Kitchen	Lay Missionary of Charity Soup Kitchen	$1,600
Wildlife Rescue South Coast	Wildlife Rescue South Coast	$6,520

3. Advise the remaining applicants that their application for the Community Donations Program have been unsuccessful.

Options

1. As recommended.

Implications: The donations will be paid to the community organisations and groups as listed within the recommendation. This will result in funds of $42,222.00 being expended from the Community Donations funds, leaving an available balance of $346.19 in the Donations budget for 2024/2025.

2. That Council approve the funding as recommended by the Community Donations Panel totalling $42,222.00 as well as any additional funding being awarded to those Community organisations or groups as decided by Council.

Implications: The available balance of $346.19 will be reduced by any additional donation amounts decided by Council.

3. That Council determines funding to applicants differently to the recommendation made by the Community Donations Assessment Panel.

Implications: Distribution of funds would occur in accordance with the Council resolution.

Background and Supplementary information

On 29 July 2024 Council resolved to undertake a second round of the 2024/2025 Community Donations Program (MIN24.393):

That Council,

4. Undertakes a second round of Community Donations using the remaining balance of the 2024/2025 Community Donations Budget.

In accordance with the resolution of the Council on 25 March 2024 (MIN24.150), the Community Donations budget for the first round of 2024/2025 was $180,000. A total of $139,850 was awarded in the first round; the successful organisations which received funds in the first round can be seen on Councils Donation webpage. It should also be noted that due to a cancellation of a $10,000 donation amount which is further detailed in this report, and the retention $3,118.19 following the financial reconciliation of the first round, the actual budget for the second round was $52,568.19.

The process undertaken for this second round of the 2024/2025 Community Donations has been in accordance with the Community Donations Policy, and is summarised as follows:

1. Correspondence was sent to past donation recipients, both successful and unsuccessful to advise them of the application period opening and closing dates – (1 September to 30 September 2024).

2. Advertising and promotion of the Community Donations Program was made via Council’s website and Social media.

3. Applications closed on 30 September 2024.

4. A meeting of the Community Donations Assessment Panel was held on 22 October and 24 October 2024 to assess the applications received. The informal minutes of the Community Donations Assessment Panel meeting can be found at Attachment 1.

As part of the procedure in accordance with the Community Donations Policy, adopted at the Ordinary meeting of 27 June 2022, a Community Donations Assessment Panel was formed with the purpose of independently assessing applications across different areas of Council which involved staff from Community Connections, Arts & Culture, Tourism Events, Business Assurance & Risk and Governance.

The Community Donations Assessment Panel met on 22 October and 24 October 2024. The panel considered all 39 applications received totalling $192,720.73 of requested funds and recommended that:

· That of the 39 applications received, 15 be provided funding in full or part.

· That 24 applications do not receive funding on the basis that they are ineligible under the policy criteria, did not provide sufficient information for assessment, or were not considered as worthy as other applications to receive the limited funding.

o This represents $111,898.73 in applications. These are shown in table 2 of Attachment 1.

The total amount of funding recommended to be paid for the second round of the 2024/2025 Financial Year by the Community Donations Assessment Panel is $52,222.00. This leaves an available balance of $346.19 for 2024/2025 Financial Year. This balance is available for further consideration by Council.

Ulladulla Blessing of The Fleet

Following Councils resolution on 29 July 2024 (MIN24.393), staff were informed by the applicant that the Rotary Club of Milton-Ulladulla had withdrawn from running the Ulladulla Blessing of the Fleet Festival, who had been successful in receiving a $10,000 donation towards that event. This being the case, it was determined by staff that the application could no longer be considered eligible for payment, as the organisation which had submitted the application had withdrawn from running the event, and therefore the supporting financial documentation provided by the Rotary Club was no longer applicable. Subsequently, as the amount was yet to be paid to the Rotary Club, the donation of $10,000 was put on hold as staff determined a way forward with the applicant.

The applicant further notified staff that a new body was in the process of being incorporated (The Ulladulla Blessing of the Fleet Festival Inc) and that this new body would run the event. Upon confirmation of the incorporation of the Ulladulla Blessing of the Fleet Festival Inc, the previous payment to the Rotary Club of Milton-Ulladulla of $10,000 was Cancelled.

The Ulladulla Blessing of the Fleet Festival Inc submitted a further application for the Ulladulla Blessing of the Fleet Festival event in the second round of Community Donations 2024/2025, for a Donation of $10,000. The Panel has recommended $10,000 for this application with notes provided in Attachment 1. This information is provided to Council so a resolution can be made to provide the donation amount to the newly incorporated body and replace the resolution to provide $10,000 in donation towards the Rotary Club of Milton-Ulladulla (MIN24.393).

On 26 November Council resolved to (MIN24.636);

4. Note that the previously resolved amount of $10,000 to the Rotary Club of Milton-Ulladulla will now be provided to the Ulladulla Blessing of The Fleet Festival Inc for the reasons detailed in the report, replacing the resolution of that amount being donated to the Rotary Club of Milton-Ulladulla (MIN24.393).

The donation of $10,000 to the Ulladulla Blessing of The Fleet Festival Inc brings the total amount recommended for funding above to $42,222.00.

Internal Consultations

In accordance with the Community Donations Policy, a Community Donations Assessment Panel was formed with the purpose of independently assessing applications across different areas of Council, which involved staff from the following departments: Community Connections, Arts & Culture, Tourism Events, Business Assurance & Risk and Governance. The staff from these departments review and make recommendations regarding applications received and provide feedback regarding the program.

External Consultations

It is not required under the Community Donations Policy to consult with external experts or organisations.

Community Consultations

Past applicants of donations, both successful and unsuccessful, were contacted via email to advise of the opening of the second round of 2024/2025 Community Donations Program and were encouraged to review the eligibility criteria to apply for a donation in line with the Community Donation Policy

Advertising was undertaken via Councils website and social media. The Customer Experience Team and Community Connections Team were also made aware in case of any calls were received in relation to seeking funding that could be referred to the process.

Information, eligibility criteria and online application forms were made available via Council’s website. The application period was open for a month from 1 September to 30 September 2024.

It is worth noting that 58 applications were received for the previous financial year (2023/2024), 46 were received for this year’s first round (2024/2025) and an additional 39 applications were received for this year’s second round (2024/2025). Of the 39 applications, 15 are new applicants that have never previously applied for a donation under the Community Donations Program.

Policy Implications

Applications were assessed in line with Councils adopted Community Donations Policy (POL23/68), and the recommendation above has no impacts upon the current Policy. It is worth nothing however that this is the first time Council has held a second round of Community Donations under the current Policy, and there are currently no provisions in the Policy regarding holding a second round of Donations. Further, the panel noted it was difficult to determine the second round due to less funds being available in the second round. If it was Council’s intention to hold two rounds each year, changes to the Policy and to determine a set amount per round would be beneficial.

Financial Implications

The donations budget for the first round of the 2024/2025 Financial Year was $180,000. Following Councils resolution, the remaining balance was $39,450, resulting in this being the budget for this second round of 2024/2025 Community Donations. However, the cancellation of $10,000 in payment towards the Ulladulla Blessing of The Fleet Festival, and that a further $3,118.19 was retained from GST following reconciliation of the first round, left a total actual budget for the second round of $52,568.19.

If Council resolves to approve the recommendation as outlined in the report, this will leave an available balance of $346.19 in the Donations Budget which could be returned to the general fund or rolled over into the next financial year’s budget.

Risk Implications

If Council substantially alters the applicants receiving funds as recommended by the Panel, this could undermine the independent process and divert funds from organisations who have demonstrated a need for a Donation.

Ordinary Meeting – Tuesday 18 February 2025

Page 0

CL25.37 Proposal to Rename Portion of Susan Street Vincentia

HPERM Ref: D25/22665

Department: Information Services

Approver: Sara McMahon, Acting Director - City Performance

Attachments: 1. Map - Susan Street, Vincentia ⇩

Purpose:

To determine how to proceed with road renaming to resolve safety risk to residents.

Summary and Key Points for Consideration:

Council was approached by a concerned resident in March 2022 regarding an issue for property owners and residents living on the eastern portion of Susan Street in Vincentia (refer map provided as Attachment 1) The western portion of Susan Street was disconnected from the eastern side by a cul-de-sac, which resulted in the eastern side experiencing issues with postal deliveries and timely attendance by emergency services.

After internal investigation and initial advice from the NSW Geographical Names Board it was determined that the Eastern Portion of the road (4 lots) should be renamed as it presented a significant safety risk for residents in that section of Susan Street.

Residents have been consulted with on multiple occasions and provided with options to rename the road but an outcome that is satisfactory to residents that meets the requirements of Council’s Road Naming and NSW Geographical Names Board (GNB) Policy has not been found.

As a result, the road name, Bronte Place was chosen by GIS staff after extensive research into the origin of surrounding Road and Beach Names in the Vincentia area to ensure that the road naming theme was continued. In this part of the suburb of Vincentia the road naming theme is based on the Battle of Cape St. Vincent in 1797 where a British fleet under Admiral Sir John Jervis defeated the Spanish Fleet. The name ‘Bronte’ refers to the Dukedom bestowed on Lord Nelson who distinguished himself while in command of HMS Captain during the battle.

Consensus has not been received from affected residents for all road names suggested by Council on the grounds that they dislike the road name. Objections to road names must demonstrate how the road name does not meet Council and or GNB guidelines.

Recommendation

That Council:

1. Determine to rename the eastern portion of Susan Street, Vincentia as “Bronte Place’’, to address the existing risk to residents of emergency services not identifying their property in a timely fashion.

2. Proceed to advertise the adoption of the road name “Bronte Place” for the eastern portion of Susan Street, Vincentia.

Options

1. As recommended – Parts 1 and 2

Implications: As the proposal of Bronte Place has been exhibited to the public for the legislated period of time (4 weeks/20 working days), it is recommended that Council proceeds to the adoption stage and gazetting of the name Bronte Place. This will ensure that the owners and residents have unique, unambiguous addresses. Potential issues with timely attendance of emergency services will be resolved.

It ensures that Council abides by GNB guidelines i.e. Unconnected sections such as where separated by a physical barrier, shall be assigned separate names.

2. Not to proceed with renaming the road.

Implications: Current risks with respect to emergency service identification will remain.

3. A new road name is chosen.

Implications: Any road name would need to align with GNB requirements and the naming conventions for this location. Choosing a new road name would prolong the process and extend the current risk to public safety. The process of choosing a new road to the final formalisation of the road name can take approximately 3 months. There is a possibility that consensus may not be reached with the affected property owners on any new road name.

Background and Supplementary information

The map provided as Attachment 1 to the report shows the Eastern portion of Susan Street, Vincentia which is subject to the proposal outlined in this report. There are four (4) residential lots directly affected by the proposal.

The Eastern and Western sides of Susan Street are disconnected by the intersection of Elizabeth Street and a Cul-de-sac on the Western side. The street numbering of Susan Street begins in the Cul-de-sac on the western side, i.e. houses 1 and 2. This means that any development in the eastern section has had to be numbered with a suffix, such as 1A, 1B, 1C, 2A which exacerbates the disconnection issue making the identification of individual properties confusing. Renaming the road will give Council the opportunity to resolve both issues.

This street configuration has been in place for many years. However, more recent infill of blocks in addition to those facing and addressed as Elizabeth Drive has accentuated the situation.

Residents have been heavily involved in the consultation process from the beginning. Several strategies have been used to achieve a resolution as shown below:

· Initial notification of property owners whose property address would change – notification of road rename required – no new road name suggested. Owners of two (2) affected owners suggested “Bayside” which did not meet GNB guidelines due to duplication of the word ‘bay’ which features in other street names in the area.

· Second Notification – Council choice of Spinifex Lane – affected owners disliked this option, again suggested “Bayside” and also “Amaroo” or “Yaringa”.

· Third Notification – “Yaringa Place” was suggested pending permission from LALC, CCB and GNB. Negative feedback was received from owners of two (2) properties as they disliked the name. Other suggestions were provided that did not meet GNB criteria.

· Fourth Notification – Council researched name “Bronte Place”, which fit with theme of names of surrounding beaches and roads. This option was approved by the GNB and was advertised publicly for the legislated period of 4 weeks. Responses were received from owners of three (3) of the affected properties who objected to this name dues to personal reasons or disagreement with the relevance of the name and naming convention to modern Australia.

Internal Consultations

The Property Unit and City Services-Technical Services-Asset Strategy were consulted when the initial enquiry was received. They were in agreeance with Geographical Information Services Team that it was necessary.

External Consultations

The Geographical Names Board (GNB) were consulted when the initial enquiry was received by Council at which time it agreed that the name of that portion of road should be changed. The GNB also were consulted and agreed with the proposed name of ‘Bronte Place’.

Community Consultations

Community consultation has been detailed earlier in this report. As the name Bronte Place had been preapproved by the GNB the Road Naming Proposal was exhibited to the general public for the same period provided to the affected owners. No negative feedback was received from the general public, other than residents of the affected portion of the road.

The affected owners were consulted after the initial enquiry was received and the Geographical Names Board agreed a change is desirable. Three sets of notifications were sent to affected owners. Negative results were received after all notifications as owners provided suggestions they felt were fitting. Council notified the affected owners a fourth time and presented an internally chosen name, Bronte Place. The owners of three (3) affected properties remain in opposition to the proposed name.

Policy and Statutory Implications

Currently this road format is not meeting NSW Addressing Policy in the following way:

· “NSW Addressing Policy (6.7.7 Road Extents A road name shall apply from one end of the road to the other i.e. the point where the road finishes or intersects with another road or roads. The extent of a named road shall be defined by the formed road and shall include only one section navigable by vehicles or foot. Unconnected navigable sections, such as where separated by an unbridged stream or a physical barrier, shall be assigned separate names.)”

Financial Implications

There are no financial implications for Council other than the prolonged use of resources. The affected owners may be impacted slightly as a change to their property address will lead to having to change their address with a number of agencies.

Risk Implications

The report identifies reputational risk for Council arising from dissatisfaction of some property owners by the proposal to change the name. The key motivation for the proposal is to improve the safety of residents.

Ordinary Meeting – Tuesday 18 February 2025

Page 0

CL25.38 Easement Extinguishment - Right of Way - Lot 1256 DP 31816 - 105 The Park Drive Sanctuary Point

HPERM Ref: D25/30669

Department: Buildings & Property Services

Approver: Carey McIntyre, Director - City Services

Purpose

The purpose of this report is to seek Council’s resolution to extinguish an easement for a right of way over Lot 1256 DP 31816, 105 The Park Drive, Sanctuary Point, being operational land owned by Shoalhaven City Council.

Summary and Key Points for Consideration

A registered easement is attached to land and continues to restrict the use of land indefinitely unless it is expressly varied or released by the authority having the power to modify.

Easements can also be extinguished by the Supreme Court pursuant to s89 of the Conveyancing Act 1919.

A Council resolution is required to extinguish an easement on Council owned land under s377 of the Local Government Act 1993.

Recommendation

That Council:

1. Authorise the extinguishment of an easement for right of way over Lot 1256 DP 31816, 105 The Park Drive, Sanctuary Point.

2. Authorise the Chief Executive Officer to sign all documentation required to give effect to this resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed in relation to the easement for right of way and easement for services.

Options

1. Resolve as recommended.

Implications: The easement is extinguished, facilitating the land sale in accordance with Council Minute MIN24.672.

2. Not resolve as recommended.

Implications: The sale does not proceed as the land remains encumbered.

Background and Supplementary information

On 15 March 1989, a right of way and easement for services (DP 788159) 15.24m wide was registered burdening Lot 1256 DP 31816.

An easement for services is an area of the property used to deliver essential services to a home or a community.

A right of way is a type of easement that allows someone to travel over another person's land

The easement for services (telephone and electricity) can be varied or modified by the respective utility providers. Council has the authority to vary or modify the easement for right of way. The current easement occupies the entire lot (15.24m wide) and the land is currently sterilised from future development.

The right of way and easement for services were created to benefit adjoining Lot 5 DP 788159 which, at the time, was undeveloped land. Former Lot 5 has subsequently been fully subdivided into 47 residential lots (registered 5 July 2018) with all access and services to the new residential lots provided through the newly created public roads of Tahnee and Nadine Streets.

The right of way (to provide future access to undeveloped Lot 5) and easement for services over Council land Lot 1256, shown in Figure 1 is no longer required. Shoalhaven City Council has the power to extinguish the easement for right of way.

Figure 1 - Excerpt from DP 788159 showing easements burdening Lot 1256

A map of a land with numbers and lines

Description automatically generated

On 10 December, 2024, Council resolved (MIN24.672):

That:

1. Council sell the following operational land for not less than the market value as determined by an independent valuer:

a. Queen Mary Street Callala Beach (Lot 51 Sec T DP 27357).

b. 105 The Park Drive Sanctuary Point (Lot 1256 DP 31816).

c. Ilett St Mollymook (Lot 61 DP 833017).

2. The former resolution (MIN24.179) be amended to sell the following two properties via direct negotiations for a value determined by an independent valuer:

a. Green St Ulladulla (Ulladulla High School) (Lot 3 DP 851748) to The Department of Education.

b. Green St Ulladulla (Lot 4 DP 851748) to the St Vincent de Paul Society.

This report and recommendation is in fulfillment of Recommendation 1.b. above.

Internal Consultations

Internal comments were not sought to the extinguishment of the easement as there are no issues arising from the proposed easement extinguishment and Council’s ongoing interests following the stakeholder consultation and previous resolution of Council to sell the land.

External Consultations

Telstra Corporation Limited (as the successor of Telecom Australia) and Origin Energy (as the successor of Illawarra County Council) have no objection to the extinguishment of the easement for services.

Community Consultations

This is an operational matter and community engagement is not required.

Policy and Statutory Implications

Council’s Development and/or Disposal of Council Lands policy has been observed.

Financial Implications

The costs associated with the extinguishment of the easement and right of way (DP 788159) is the responsibility of Council and will be recouped through future sale of the land should Council resolve to proceed with any sale. The costs are anticipated to be between $2,500 and $5,000.

Risk Implications

Council’s interests have been considered and there is minimal risk associated with the recommended extinguishment of easement.

Ordinary Meeting – Tuesday 18 February 2025

Page 0

CL25.39 Tenders - Supply Container Style Centrifuge

HPERM Ref: D25/19259

Department: Commercial Services

Approver: Carey McIntyre, Director - City Services

Purpose:

The purpose of this report is to inform Council of the tender process for the supply of a container style centrifuge and to seek its resolution on the matter.

In accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, some information should remain confidential as it would, if disclosed, prejudice the commercial position of the person who supplied it. It is not in the public interest to disclose this information as it may reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests. This information will be considered under a separate confidential report.

Summary and Key Points for Consideration:

Council resolution is required to determine the tender process for the supply of a container style centrifuge.

Recommendation

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

Options

1. Accept the recommendation

Implications: Consider a separate confidential report on the matter.

2. Council make a different resolution

Implications: This is not recommended as an extensive evaluation process has been undertaken by the tender evaluation team in accordance with the tender evaluation plan.

Background and Supplementary information

Project Description

Shoalhaven Water owns and operates thirteen wastewater (or sewage) treatment plants that treat wastewater / sewage from residences and businesses across the Shoalhaven. The treatment process the wastewater undergoes at these plants produces two main products, the liquid component (reclaimed effluent) and the solid component (biosolids). Biosolids are produced by dewatering wastewater sludge to produce the solid Biosolids product which is then dry enough to be transported from site for re-use or disposal.

The dewatering is undertaken by a mobile centrifuge dewatering unit. The operation of Shoalhaven Water’s thirteen wastewater treatment plants relies on being able to centrifuge the sludge into biosolids and removed from site.

Shoalhaven Water has always owned and operated a mobile dewatering centrifuge for this purpose as it is far more cost effective than renting a unit or contracting it out. The mobile centrifuge must operate constantly throughout the year to be able to process the quantity of sludge we produce. The mobile unit is transported between sites by Shoalhaven Water staff to meet the required schedule.

Centrifuging from sludge lagoons at wastewater treatment plants is an essential process. Delays in the centrifuging schedule causes catastrophic process issues at the treatment plants which leads to non-compliances with EPA Licences and environmental overflows.

The existing mobile centrifuge is at end of life (11 years old) and a public tender was undertaken for the procurement of a new unit. The new unit will have increased capacity and the ability to operate 24/7.

The tender requested fixed price servicing for five (5) years and extended warranty.

Tendering

Council called tenders for Supply Container Style Centrifuge on 6 November 2024 which closed at 10:00 am on 5December 2024. Three tenders were received at the time of closing. Tenders were received from the following:

Tenderer	Location
Flottweg Australia	Sydney, 3/19 Hotham Parade, Artarmon NSW 2064
Global Water Technologies	Sydney Suite 2.01/350 Parramatta Rd, Homebush NSW 2140
Sacor	Perth, 123 Greenwood Way Barragup, WA 6209

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

Internal Consultations

Staff from Shoalwater and Fleet Services were involved in the specification setting and tender evaluation process.

External Consultations

No external consultation has been undertaken or is required with respect to the tender process.

Community Consultations

No community consultation has been undertaken or is required with respect to the tender process.

Policy Implications

Nil. The tender process has followed the requirements under the provisions of the Local Government Act 1993.

Shoalhaven Water is required under its Environmental Protection Licence’s and the NSW EPA Use and Disposal of Biosolids Products Guidelines to adequately treat, process, store and dispose of Biosolids.

Financial Implications:

Sufficient funds have been allocated in the Shoalwater Plant Replacement budget for 2024-2025. Funding is available to cover the tender amount including other project costs.

Risk Implications

Details relating to the Risk Implications are contained in the confidential report.

Ordinary Meeting – Tuesday 18 February 2025

Page 0

CL25.40 Tenders - Panel Contract - External Plant Hire

HPERM Ref: D25/37331

Department: Commercial Services

Approver: Carey McIntyre, Director - City Services

Purpose:

The purpose of this report is to inform Council of the tender process for the selection of a Panel of Preferred Suppliers - External Plant Hire.

Summary and Key Points for Consideration:

Council sources heavy plant and equipment from external suppliers to supplement its internal fleet. The Preferred Supplier Panel streamlines the procurement / engagement process. Staff source equipment directly from the Panel under contracted rates.

Recommendation

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

Options

1. Accept the recommendation.

Implications: Consider a separate confidential report on the matter.

2. Council make a different resolution.

Implications: This is not recommended as an extensive evaluation process has been undertaken by the tender evaluation team in accordance with the tender evaluation plan

Background and Supplementary information

Project Description

Council invited tenders for the provision of External Plant Hire, with the successful tenderers to be appointed to a Preferred Supplier Panel for a maximum period of two years.

This tender process is in line with best practice to ensure compliance with Council’s Purchasing Policy, the Local Government Act 1993 and the NSW Tendering Regulations 2021.

The public tender was advertised in local newspapers and on the Council’s e-tendering portal. Suppliers identified as supplying equipment to the Council were advised of the tender release via email. The tender closed on 4 November 2024.

The tender invited suppliers to enter into a hire agreement with the Council for the occasional hire of plant for a maximum period of two years at rates submitted. The tender document defined three hire zones - north, central and south for Wet Hire (ie equipment is hired with an operator), and Dry Hire (ie equipment is hired without an operator – Council’s own staff operate the hired equipment).

The tender specified 25 items or combinations of plant including graders, dozers, excavators, backhoes and cartage trucks.

Tendering

Council called tenders for Panel Contract – External Plant Hire on 11 October 2024 which closed at 10:00 am on 4 November 2024. 48 tenders were received at the time of closing. Tenders received from the tenderers shown alphabetically in Table 1 as follows:

Table 1: Tendering Suppliers

Supplier	LG Base	Location
A & D Tree Services	Shoalhaven	1 Central Avenue South Nowra NSW 2541
All Lift Cranes & Ulladulla Crane Hire	Shoalhaven	197 Greville Avenue Sanctuary Point NSW 2540
Anglew Pty Ltd	Shoalhaven	120 Binnaburra Park Road Nowra NSW 2541
Bay & Basin Civil Pty Ltd	Shoalhaven	270c Princes Highway South Nowra NSW 2541
Brooks Hire Service Pty Ltd	Penrith	3 Glossop Street St Marys NSW 2760
BVN Landscapes	Shoalhaven	110 The Wool Road St Georges Basin NSW 2540
C & S Varty Earthmoving	Shoalhaven	18 Hollands Roads Nowra NSW 2541
Camden Hire	Camden	28-32 Exchange Parade Narellan NSW 2567
Capital Pipe Relining Pty Ltd	Wollongong	402E Princes Highway Yatte Yattah NSW 2539
Chase'n Hire Pty Ltd	Wollongong	200-206 Parkes Street Helensburg NSW 2508
City Coast Services Pty Ltd	Wollongong	56 Yalwal Road West Nowra NSW 2540
Cleary Bros (Bombo) Pty Ltd	Kiama	39 Five Islands Road Port Kembla NSW 2505
Coates Hire Operations Pty Ltd	Corporate	6 Greenhills Avenue Moorebank NSW 2170
Conplant Pty Ltd	Liverpool	25 York Road Ingleburn NSW 2565
Corish Earthworx And Haulage Pty Ltd	Shoalhaven	2A Kerry Street Sanctuary Point NSW 2540
Dale Farmilo Excavations Pty Ltd	Shoalhaven	178 Camden Street Ulladulla NSW 2539
DI Earthworks & Land Clearing	Bega	29 Loftus Street Bemboka NSW 2550
Donnelly Hire Pty Ltd	Shoalhaven	56 Yalwal Road West Nowra NSW 2540
East Coast Pipe & Civil Pty Ltd	Shoalhaven	17 Inlet Avenue Sussex Inlet NSW 2540
Empire Civil Works	Shoalhaven	270c Princes Highway South Nowra NSW 2541
Eurobodalla Coast Pumpouts	Eurobodalla	100 Cors Parade North Batemans Bay NSW 2536
Exact Excavation & Tipper Hire Pty Ltd	Shoalhaven	238B Hames Road Parma NSW 2540
Garrett's Excavation and Equipment Hire	Shoalhaven	84 Anson Street Sanctuary Point NSW 2540
Hassmore Pty Ltd	Shoalhaven	460 Turpentine Road Tomerong NSW 2540
JAS Wearne Building Services Pty Ltd	Shoalhaven	26 Riverview Road Nowra NSW 2541
Jirgens Civil Pty Ltd	Shoalhaven	38 Trim Street South Nowra NSW 2541
Kennards Hire Pty Limited	Shoalhaven	Unit 1 Building I, 22 Powers Rd Seven Hills NSW 2147
Knowles Constructions Pty Ltd	Shoalhaven	Lot 3 Princes Highway Wandandian NSW 2540
L&T Jervis Bay Tippers Pty Ltd	Shoalhaven	182 Kerry Street Sanctuary Point NSW 2540
Lockie's Earthworks	Shoalhaven	238B Hames Road Parma NSW 2540
Madge Crane Hire Pty Ltd	Shoalhaven	28 Norfolk Avenue South Nowra NSW 2541
Mike's Tree Services Pty Ltd	Shoalhaven	111 Clarendon Crescent St Georges Basin NSW 2540
Milton Ulladulla Water Carters	Shoalhaven	11 Byangee Street Ulladulla NSW 2539
Next Stage Civil Pty Ltd	Shoalhaven	357 Gannet Road Nowra Hill NSW 2540
Pascall Group Pty Ltd	Shoalhaven	243 Turpentine Road Tomerong NSW 2540
Pipe Management Australia Pty Ltd	Liverpool	47 Lancaster Drive Ingleburn NSW 2565
Precision Plumbing & Civil Aus	Shoalhaven	65 Wilfords Lane Milton NSW 2538
Roadworx Surfacing Pty Ltd	Wollongong	35 West Dapto Road Kembla Grange NSW 2526
Sal's Excavations Pty Ltd	Shoalhaven	25B Pepper Road Falls Creek NSW 2540
Sherrin Rentals Pty Ltd	Campbelltown	13 Austool Place Ingleburn NSW 2565
Shoalhaven Earthworks	Shoalhaven	50 Idlewild Avenue Sanctuary Point NSW 2540
Shoalhaven Under Road Boring Pty Ltd	Shoalhaven	554 Sussex Inlet Road Sussex Inlet NSW 2540
Southern Infrastructure & Hire Pty Ltd	Shoalhaven	1810 Princes Highway Termeil NSW 2539
Sparrow's Civil Works Pty Ltd	Shoalhaven	4 Jamieson Road North Nowra NSW 2541
TJM Haulage & Contracting Pty Ltd	Shoalhaven	12 Victa Way Bomaderry NSW 2541
Total Drain Cleaning Services Pty Ltd	Wollongong	6 Marley Place Unanderra NSW 2526
VC Civil Works Pty Ltd	Shoalhaven	945A Illaroo Road Tapitallee NSW 2540
W & A Bogg Excavations	Shoalhaven	734 Bendalong Road Conjola NSW 2540
Waterboys Projects Pty Ltd	Shoalhaven	257F Gannet Road Bamarang NSW 2540

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

Internal Consultations

The Tender Evaluation Panel comprised key stakeholders from City Services and Shoalhaven Water. The Fleet Management Unit in City Services provided technical advice to evaluate the capacity and suitability of the tendered equipment.

External Consultations

Nil. Internal resources provided the expertise to undertake this tender.

Community Consultations

Current identified suppliers to Council and members of the expired External Plant Hire Panel were notified in writing before the release of the tender. The tender was published on the Council's website and released via the e-tendering portal.

Policy Implications

Nil. The tender process has followed the requirements under the provisions of the Local Government Act 1993.

Financial Implications:

The services will be delivered to various projects funded in the 2024/2025 operating and capital works budgets and subsequent years for the duration of the Panel Contract.

Risk Implications

Details relating to the Risk Implications are contained in the confidential report.

Ordinary Meeting – Tuesday 18 February 2025

Page 0

CL25.41 Proposed Works in Kind Agreement - Road, Drainage and Open Space - Part Stage 2 and Stage 4, Moss Vale Road South Urban Release Area, Badagarang

HPERM Ref: D25/11571

Department: Strategic Planning

Approver: Lindsay Usher, Acting Director - City Development

Attachments: 1. Proposed WIKA subject land and relevant development consents ⇩

2. WIKA proposal summary ⇩

Purpose:

The purpose of this report is to seek ‘in-principle’ support for the process of entering into a Works in Kind Agreement (WIKA) with the Owner/Developer of the subject land (the Applicant) for the delivery of road, drainage and public open space required to support development in Stages 2 and 4 of the Moss Vale Road South (MVRS) Urban Release Area (URA), Badagarang.

Summary and Key Points for Consideration:

This report relates to development consents SF10895 and RA21/1003 at Hockeys Lane and Taylors Lane, Badagarang for residential subdivision (281 lots) and associated civil infrastructure and landscaping works.

The applicant, Newquest Pty Ltd, proposes to offset certain development contributions that have been levied for MVRS URA Roads, Drainage and Open Space projects under Shoalhaven Contributions Plan 2019 by delivering the relevant works:

· Shared paths and crossing thresholds, two and a half roundabouts and a section of the URA’s future second lead-in road.

· Two wetlands, one bioretention basin, and one culvert.

· Four public open spaces and associated embellishments.

The proposal also includes the dedication of certain land associated with the above infrastructure to Council at an agreed value per square metre ($/sqm).

Consistent with Council’s adopted position to not pay ‘surplus value’ (MIN23.459, part 5), it has been agreed that surplus value will not be paid to, or offset other contributions payable by, the applicant.

The applicant intends to modify the design of certain drainage infrastructure and open space areas to align with the proposed WIKA as negotiated. The WIKA can be progressed and finalised while the application is being assessed by Council.

Council staff request delegation to progress and finalise the proposed WIKA, subject to no substantial changes arising from further negotiations.

Recommendation

That Council:

1. Provide ‘in-principle’ support to finalise negotiations and enter into a Works in Kind Agreement (WIKA) with the applicant for the development of part of Stage 2 and Stage 4 of the Moss Vale Road South Urban Release Area (Badagarang) for the following, except where further negotiations result in substantial changes to the proposal, in which case Council will receive a further report prior to proceeding:

a. The Applicant:

i. Constructs shared paths and crossing thresholds, two and a half roundabouts and a section of the future second lead-in road.

ii. Constructs drainage infrastructure including two wetlands, one bioretention basin, and one culvert.

iii. Constructs four public open spaces (including embellishments).

iv. Dedicates certain land for the section of the future second lead-in road associated with 1(a)(i) for the value of $65/sqm.

v. Dedicates land for the section of the future second lead-in road outside of the URA boundary to Council for the negotiated value of $1.

vi. Dedicates certain land for open space associated with 1(a)(iii) to Council for the value of $65/sqm.

b. Council:

i. Accepts the value of works at 1(a)(i) as an offset to the 01ROAD5145 project contributions for RA21/1003 and SF10895 Stage 1.

ii. Accepts the value of works at 1(a)(ii) as an offset to the 01DRAI5006 project contributions for RA21/1003 and SF10895 Stage 1.

iii. Accepts the value of works 1(a)(iii) as an offset to the 01OREC6015 project contributions for RA21/1003 and SF10895 Stage 1.

iv. Accepts the dedication of the land at 1(a)(iv)(v) and (vi).

v. Maintains the approach that cost of works in excess of the contributions levied for RA21/1003 and SF10895 for projects 01ROAD5145, 01DRAI5006 and 01OREC6015 (surplus value) will be funded by the developer and will not be offset or paid in the WIKA.

2. Delegate authority to Council’s Chief Executive Officer, or his delegate, to finalise negotiations and prepare and enter into the WIKA consistent with the detailed key terms in Part 1 above, except where further negotiations result in substantial changes to the proposal, in which case Council will receive a further report prior to proceeding.

3. Notify the Applicant of this resolution.

Options

1. As recommended.

Implications: Council staff will finalise the proposed WIKA consistent with the detailed key terms in the recommendation under delegation, subject to no major changes resulting from final negotiations, designs and costings. This will help the subject developments to proceed with minimum delay. The proposed WIKA will result in a positive public benefit through the construction of essential road, drainage and recreation infrastructure earmarked in the Shoalhaven Contributions Plan (CP) 2019. The developments will bring 281 residential lots to the market and progressing this agreement will help facilitate this outcome.

2. Provide ‘in-principle’ support to finalise the WIKA negotiations and report back to Council for endorsement to enter into the agreement prior to proceeding.

Implications: Council staff will finalise negotiations with the applicant prior to reporting back to Council. This process would provide greater up-front certainty for all parties; however, will likely delay the delivery of the subdivision and new housing lots which is not considered to be a good overall outcome.

3. Adopt an alternative recommendation.

Implications: This will depend on the nature of the alternative recommendation. This is not the preferred option as it may affect the timely delivery of the subdivision and/or the nature and quality of the works provided and incur costs for Council which have not been budgeted.

Background and Supplementary information

Newquest Pty Ltd (the Applicant) is the developer for part of Stage 2 and Stage 4 of the MVRS URA (the subject land), with 281 residential lots are to be delivered through two approved subdivisions (SF10895 and RA21/1003). Refer to Attachment 1 for more detail.

The development consents require local development contributions to be paid to Council prior to the issue of any Subdivision Certificates. On 6 February 2024, Council entered into a Deed of Agreement with the applicant to ‘defer’ payment of certain contributions payable on Stage 1 of SF10895 and Stage 1 of RA21/1003 to enable time for a WIKA to be entered into. These stages are now complete and have received Subdivision Certificates.

The Proposal

The proposed WIKA will enable:

· Construction of part of the URA’s second lead in road, dedication of the whole area of this road and payment of associated land value by Council at a rate of $65/sqm for the section of lead in road within the URA boundary and $1 for the section of lead in road outside of the URA boundary (Sub-project 1).

· Construction of the north/south shared path along Road 11 (the Collector Road) between Road 01 and Road 22 and east/west shared path along Road 03 (to the east of Road 11) (Sub-project 2).

· Construction of thresholds between the pocket park and the village green and along Road 01 to the west of Road 11 (Sub-project 2).

· Construction of the northern and central roundabouts and construction of the northern half of the southernmost roundabout (on Taylors Lane) along the URA’s Collector Road (Sub-project 3).

· Construction of the following within the public open space reserves on the subject land:

o One bioretention basin.

o Two wetlands.

o One underground culvert.

· Delivery of four recreation areas and associated embellishments, dedication of certain land and payment of associated land value by Council for that land at a rate of $65/sqm.

Attachment 2 contains further detail on these elements.

It has been agreed that any excess cost (‘surplus value’) will be borne by the applicant and will not be funded by Council. This is consistent with Council’s resolution (MIN23.459 part 5) that ‘no surplus value payments will be considered for future infrastructure agreements presented to Council, until a review of Council’s infrastructure contributions plan and framework is completed, and a new contributions plan is in place’.

Delegation Opportunities

In accordance with Council’s existing Works In Kind Policy, Council may resolve to delegate authority to Council’s Chief Executive Officer, or his delegate, to negotiate, enter into and register the agreement, as required.

The proposed agreement has some final negotiation yet to occur, however the key terms outlined above have been agreed to by staff and the proposal is supported in principle. The final costings and designs for roads, drainage and open spaces will be progressed and resolved in time, as required. As such, it is recommended that Council extend delegation to staff to finalise negotiations and prepare and enter into the agreement, unless further negotiations result in substantial changes to the proposal, in which case Council will receive a further report prior to finalisation.

Conclusion

Due to the public benefit resulting from the ultimate construction of the road, drainage and recreation infrastructure, it is considered to be in Council’s interest to support the proposal as recommended, finalise negotiations and proceed with the WIKA. It is recommended that no surplus value is paid in accordance with Council’s resolution (MIN23.459 part 5)

Internal Consultations

Internal consultation has been undertaken with the following Council stakeholders/sections as part of the review of the proposed WIKA: Works and Services, Development Services and Open Space & Recreation Planning. The comments and recommendations in this report include input from these stakeholders.

In particular, Council’s asset strategic planners and asset custodians responsible for ongoing maintenance of the roads, drainage and recreation assets to be delivered through the WIKA have considered the asset cost effectiveness and efficiency, ongoing maintenance costs and serviceability. This review has resulted in the modified open space/landscape plans currently under assessment which have a reduced level of embellishment when compared to the approved plans resulting from the development application. The reduction in embellishment will incur less ongoing maintenance costs to Council and less upfront cost to the applicant than the current approved plans, while providing an acceptable level of service for the recreation needs of future residents.

External Consultations

The proposed WIKA relates to agreed local infrastructure and requires no external consultation with State Government agencies or the like.

Community Consultations

In accordance with Council’s Policy on Works in Kind Agreements, no community consultation is required as part of this proposed WIKA. The infrastructure works are generally consistent with Shoalhaven CP 2019.

The development applications/consents and subsequent modifications that relate to the proposed WIKA are separately notified in accordance with Council’s Community Participation Plan and Shoalhaven DCP 2014.

Policy and Statutory Implications

The proposed WIKA is being considered in accordance with Council’s Policy on Works in Kind Agreements.

Financial Implications

It has been agreed that the excess cost (surplus value) associated with the value of works and land to be delivered as part of the WIKA will be borne by the applicant and not paid by Council or offset against other contributions payable by the applicant. This is consistent with Council’s resolution to not pay surplus value (refer to MIN23.459 part 5). This represents significant value for the community and Council.

The land value payments will be wholly covered by the relevant CP projects, with no impact on Council’s General Fund.

In accordance with Council’s Works In Kind Agreements Policy, the applicant will cover Council’s costs (direct and incidental) relating to the negotiation, preparation and entering into the agreement (including associated legal costs) and enforcing the agreement.

Risk Implications

The road, drainage and open space works and associated land in the proposed WIKA will be delivered at no cost to Council, beyond what is funded in the Contributions Plan. It has been agreed that costs in excess of the project contributions levied on the developments (surplus value) will be borne by the applicant.

Once negotiations have been finalised, the proposed WIKA agreement will be prepared and/or reviewed by Council’s legal counsel to ensure any potential risks or liabilities to Council are minimised.

Ordinary Meeting – Tuesday 18 February 2025

Page 0

CL25.42 Shoalhaven Family Day Care - Service Review - Future Direction

HPERM Ref: D25/38204

Department: Cultural & Community Services

Approver: Lindsay Usher, Acting Director - City Development

Purpose:

The purpose of this report is to present the findings of the Shoalhaven Family Day Care (SFDC) service review conducted under the financial sustainability project and provide Council with options to consider for the future of Shoalhaven Family Day Care.

Summary and Key Points for Consideration:

A service review of Shoalhaven Family Day Care (SFDC) was conducted in 2024, as part of Council’s financial sustainability project. The focus of the service review was to explore options to reduce the service’s annual operating deficit, which was $96,000 in the 2023/24 financial year.

Shoalhaven City Council has been operating SFDC since 1980. SFDC currently provides a coordination service for 23 active Family Day Care educators. Educators are self-employed and operate as small business owners. The service provided by SFDC includes the registration, monitoring and support of Family Day Care Educators and families. Family Day Care coordination is also provided by private and not-for-profit operators, however SFDC is currently the largest provider in the Shoalhaven.

Over the last five years, the service has experienced a growing annual operating deficit that can largely be attributed to:

1. SFDC has experienced challenges in recruiting educators to the required level for the service to be cost neutral, in spite of significant efforts to grow the service.

2. The federal government discontinued financial support to Family Day Care services.

This has been compounded by the impacts of natural disasters and the COVID pandemic.

The service review considered:

· Strategies to grow income, through increasing the number of active educators

· Mechanisms to reduce annual operating costs, through reducing Council staff supporting the service to the minimum-required ratios (defined through legislation)

· Consideration of alternative delivery models for the provision of Family Day Care coordination and explore options to transition out of the service.

This report explores the options as outlined above.

Recommendation

That Council:

1. Recognise the importance of childcare in the Shoalhaven and thank current and past educators with Shoalhaven Family Day Care for their dedication in supporting Shoalhaven families and children.

2. Recognise that the provision of Family Day Care coordination in the Shoalhaven can be delivered through other Family Day Care providers, and there is no legislated requirement for Council to deliver this service.

3. Commences the necessary steps to support and transition current Shoalhaven Family Day Care educators into another service.

4. Notes the financial sustainability outcome achieved through transitioning out of the Family Day Care service is an ongoing benefit to Council of $90,000 per annum.

5. Commences the necessary communications with educators and families that use the Shoalhaven Family Day Care service to prepare them to transition to a new provider.

6. Immediately commence the necessary communications with relevant staff in line with the Local Government Award requirements.

Options

1. Transition educators to another provider. Educators will be supported to transition to another Family Day Care (FDC) provider, minimising disruption to families. Once educators are fully transitioned to other providers, the SFDC service will cease.

Implications: Educators will be supported to move to an alternative provider. Consultation has taken place with some alternative providers who are willing to consider enrolling SFDC educators with their service. Once all educators have been placed with an alternative provider, Council will surrender its licence to operate FDC, and the service will close.

This option will result in a number of Council staff involved in the operation of SFDC being displaced and potentially eligible for redundancy. This option will remove Council’s financial and governance risk exposure and release the person with Management or Control (currently Manager - Community Connections) of any personal liability.

This option will result in a direct ongoing benefit to Council’s general fund of approximately $90,000 per annum. This option also provides potential income opportunity through the lease of the purpose-built childcare facility, currently occupied by SFDC.

2. Increase income by recruiting educators. Educators need to reach a minimum of 31 active educators to break even.

Implications: Given the focused recruitment activities already undertaken in the past few years, the likelihood of recruiting and maintaining the minimum educators required to provide a cost neutral service is considered to be low based on the last five years trends. However, since November, there have been positive signs with 4 enquiries from potential FDC educators being received.

This option will require the service to continue to be subsidised by Council whilst additional recruitment activities are undertaken. There is potential for current labour shortage issues within the Early Childhood Education and Care sector to be alleviated in some measures by Australian Government initiatives to increase early childhood educators.

The estimated financial result of this option would be an annual loss of up to $90,000.

3. Reduce SFDC operating deficit through a reduction in Council staff to new minimum requirements (due to legislation changes).

Implications: As of 1 July 2023, the National Quality Framework (NQF) has altered its requirements, so that SFDC is now required to have 1 full time equivalent (FTE) Coordinator for every 25 educators, rather than 1 FTE Coordinator for every 15 educators. This provides an opportunity to reduce the Child Development Coordinator staffing footprint of SFDC to 1 x FTE coordinator at the current educator numbers which could reduce the staffing establishment by 0.6 FTE.

At current educator numbers, this option will result in a decrease in annual deficit to approximately $40,000. By reducing the staffing costs, the number of educators required to reach a breakeven point will reduce to 27.

4. Cease service with no transition support (not recommended).

Implications: If Council make the decision to close the business, there is a minimum notification period of 42 days (six weeks), to the Department of Education.

This option has the most potential for detrimental reputational risk. As educators would not be supported to find alternative providers, this could result in educators having to close for a period of time as they register with a new provider. This will have impacts on families as their children will be unable to receive care until the educator’s registration is completed.

This option will result in a number of Council staff involved in the operation of SFDC being displaced and potentially eligible for redundancy.

The estimated financial result of this option is similar to option 1, with an earlier breakeven point due to exiting the service more quickly. This option is not recommended by staff due to adverse community, educator and reputational impacts.

Background and Supplementary information

Overview of Shoalhaven Family Day Care

Shoalhaven City Council has operated Shoalhaven Family Day Care since 1980 (45 years) and is the largest Family Day Care service in the Shoalhaven.

Family Day Care (FDC) is a home-based education and care service for children aged from six weeks through to 12 years. FDC is a significant element of Early Childhood Education and Care (ECEC) in Australia that responds to parents’ desire for a ‘home-based’ and ‘family-like’ environment for their children.

FDC educators operate as small business operators and provide a service in their own premises. The educator role is to provide education and care to children within their homes. An educator can provide care for four children under school age and an additional three school age children at any one time. Days of opening and hours are flexible and can be chosen to suit the educator. Most educators work four days per week.

As of February 2025, SFDC has 24 educators registered with the service and 23 currently providing care to 186 children from 154 families.

Current operation

To oversee the operation of SFDC, Shoalhaven City Council employs 3.6 FTE qualified staff who form the Co-ordination Unit. Central to the operational functioning of SFDC, the Coordination Unit are the point of contact, registration, referral, resourcing, monitoring and support for parents and educators. The team work in a close partnership with educators to ensure they uphold organisational values and meet requirements set by government legislation. They play an essential role in monitoring and regulating service delivery, and in supporting educators and their businesses, and ensuring the safety and wellbeing of children and families. Coordination Unit activities include:

· Annual compliance inspections – to ensure compliance of each Family Day Care Service against the Education and Care Service National Regulations and SFDC policies and procedures.

· Home visits for support and monitoring – at least monthly, including scheduled and unannounced visits.

· Education program monitoring and mentoring – individualised visits and support from Educational Leader.

· Set-up support – assistance setting up business with advice and support with documentation and registration.

· Professional development for educators – learning opportunities at no cost to educators, as well as training, professional development plans, training and self-assessment.

· Promotion and marketing – promote the service to families and potential educators, active social media profile.

· Play and learning resources – Larger group play sessions, support for excursions, toy and book library

· Administration and finance – process payments and all enquiries and procedures for enrolments and waiting list.

· Management of policies and procedures – staying current with new and amended regulations and legislation.

· Mediation – maintain parent relationships through any concerns or grievances.

Need for service

Currently, demand for FDC services far exceeds supply. All FDC educators in Shoalhaven Family Day Care are operating at capacity, and there is a sizeable waiting list. The waiting list for childcare has been over 300 since 2021.

There is significant need across the Shoalhaven for access to quality childcare. In research conducted by the Mitchell Institute, neighbourhoods classified as a ‘childcare desert’ were identified. A childcare desert is a populated area where there are more than three children per childcare place, or less than 0.333 places per child aged four or under.

Shoalhaven LGA has several areas labelled as a childcare desert:

· Ulladulla Region

· Berry - Kangaroo Valley

· Culburra Beach

· Tomerong - Wandandian – Woollamia

· Sussex Inlet – Berrara

· St Georges Basin - Erowal Bay

There are two privately owned Family Day Care services that operate within the LGA. Neither is based in the Shoalhaven. The addition of these private, for-profit Family Day Care services has led to increased competition in FDC providers which gives educators greater choice in registering with a provider. Shoalhaven However, Shoalhaven Family Day Care remains the largest single provider for Family Day Care in the LGA.

There are currently no other not-for-profit FDC providers operating in the Shoalhaven, however providers based in neighbouring LGA’s engaged during this process indicated a strong interest in supporting SFDC educators to transition to their service (details provided in the External Consultations section of this report).

If Shoalhaven City Council chooses to exit the FDC service with a supported transition, educators and families can receive the same coordination service from another provider with minimal disruption, maintaining existing childcare supply levels.

There is also a likely positive impact on the financial sustainability of the remaining FDC providers in the region, as recruiting and retaining quality educators is essential to the success of these businesses.

Industry Challenge – shortage of educators

The broader early childhood education and care sector are in the midst of a workforce crisis. Already an emerging issue pre-COVID, workforce challenges post-COVID are undeniably the primary challenge facing the broader Early Childhood Education and Care sector. The significant impact of COVID on Family Day Care operations, viability and life more broadly, have placed immense pressure on educators and services, and has created a static educator recruitment environment.

The impact of the industry shortage of educators has had a huge impact on FDC. Nationally, the number of FDC services has reduced significantly across Australia since 2018 and are continuing to decline. According to the December 2023 ACCC Childcare Inquiry report, Family Day Care reduced from 518 services in 2018 to 402 services in 2023. Labour shortages are particularly pronounced for services in remote areas of Australia and in respect of educators working in Family Day Care and in home care services.

Locally, in the surrounding areas, in the last two years, two FDC services have closed due to lack of financial sustainability brought on by educator shortages. These include Shellharbour Kiama FDC (committee run) and Wingecarribee FDC (Council managed). Most regional FDC services have seen a reduction in educators over the past few years for example Kempsey FDC has dropped from 30 to 20 educators. Goulburn FDC (supported by Anglicare) is currently operating with just five educators. SFDC has seen a drop in educators, consistent with the national and regional trend.

Industry Challenge – educator set-up costs

Although set up costs for Family Day Care are much lower compared to centre based day care, there are still significant costs for educators when setting up their Family Day Care business. These upfront costs incurred by educators may deter entry into the Family Day Care sector, especially since costs of this nature are not incurred as an educator in other childcare sectors such as centre based day care.

In addition to financial costs there are other challenges to setting up a Family Day Care business. There are impacts on the family home where the home and outdoor areas become the care environment. There are ongoing costs to meet regulatory requirements for running a Family Day Care service. The Australian Competition and Consumer Commission (ACCC) Childcare Inquiry found that increasing requirements and associated costs of complying with regulatory requirements has contributed to the decline in Family Day Care educators.

Industry challenge – less favourable funding environment

Federal funding was historically provided to FDC services through the Community Child Care Fund. This funding ceased for SFDC in the 20/21 financial year. With new criteria for funding introduced, SFDC did not meet the eligibility criteria under this program. The loss of funding, coupled with a decline in educators has placed financial stress on the service.

Internal Consultations

The outgoing Council of 2024 was consulted on the Shoalhaven Family Day Care service review options through a Councillor workshop in June 2024. The matter was then brought to a Councillor Briefing to the incoming Council in November 2024.

The current Nominated Supervisor for SFDC has been consulted and informed that the final decision on the future of SFDC would be made by the incoming Council. Staff at SFDC have been directed to pause recruitment and maintain the service as it is - not increasing educator numbers over 25 active educators.

Staff at Shoalhaven Family Day Care have been informed of this report being submitted to Council and are aware that the outcome of this report may have an impact their employment. Formal consultation with staff about a possible service closure has not yet occurred.

External Consultations

To understand the possible implications of transitioning educators to another provider, staff have consulted with the following alternative Family Day Care providers:

Illawarra Family Day Care

Illawarra Family Day Care have indicated that they would be willing and have capacity to enrol all the SFDC educators into their service. They have also indicated, that because they currently do not have a presence in the Shoalhaven, they would also be willing to consider employing some of the existing SFDC staff to continue to work with the educators in the service.

A meeting took place with the Illawarra Family Day Care service on 22 January 2025 to ensure that the services were compatible: to understand how the funding and fees and charges differed between the services; and to get a clear understanding of the implications to educators to transferring into this service.

Illawarra Family Day Care would be willing to waive their enrolment fees for educators that decide to move to their service. Other fees and charges are comparable to the fees charged by SFDC. Council could also share the required enrolment documents (with educator consent) with Illawarra Family Day Care to remove some of the administrative burden of changing service provider. Educators would be required to have a new NSW Police Check completed at their expense.

Eurobodalla Shire Council (ESC)

ESC were engaged on 17 December 2024 to understand if their Family Day Care service was able to consider taking on educators from the south of the Shoalhaven. ESC’s Division Manager for Community Development commented that they would certainly be interested in taking on some of the educators in the Southern part of the Shoalhaven LGA.

Cullunghutti Aboriginal Children and Family Services

Council staff have reached out to Cullunghutti Aboriginal Children and Family Services explore their interest in expanding their service provision to include a Family Day Care service. A meeting has been scheduled for Thursday 6 February. Due to the timing of the report, it is not possible to include the outcome of the meeting in this report.

Central Shoalhaven Mobile Preschool

The Central Shoalhaven Mobile Preschool have also been consulted and asked if they might consider providing an alternative model to childcare provision. To date, no response has been received.

Other providers

Due to concerns about information getting out to educators early, Council staff will be consulting with local ‘for profit’ schemes once this report has been made public. Should Council choose to proceed with Option 1, other services will be consulted.

All services that express an interest, will be invited to provide an online / in person information session so that current educators can make an informed decision about which educator that they may wish to sign up with.

Community Consultations

Council staff have called a meeting with Family Day Care educators to inform them that this report will be presented to Council at the 18 February 2025 Ordinary Meeting. This meeting is scheduled to take place on 12 February 2025.

The meeting provides an opportunity for staff to share the outcomes of their investigations into alternative providers which can be found in the section above ‘External Consultations’.

Due to this meeting occurring a few days prior to the report being published in the business paper, the outcome of the meeting is not included in this report.

Should Council decide to no longer provide a FDC service, the following additional stakeholders will be engaged and informed of the decision, including how Council plans to exit from the industry, while not disadvantaging families or educators.

· Parents and families (service users)

· Educators

· Parents and families on the waiting list

Policy and Statutory Implications

Legislative framework

SFDC operates under the following legislative framework:

· The Education and Care Services National Law 2011 and

· The Education and Care Services National Regulations.

The National Law and Regulations guide the NQF and is jointly funded by the Australian Government and State and Territory governments. The Australian Children’s Education and Care Quality Authority (ACECQA) oversees the system. This sits within the NSW Government Early Childhood Education Directorate within the NSW Department of Education.

If Council chooses to exit the service, Council will need to export all historical SFDC data which is currently stored in the Harmony Web System (Family Day Care management portal) and store for between 3 and 25 years (45 years is suggested as best practice) to ensure compliance with the child safe legislation. Child Care Subsidy (CCS) payment information needs to be kept for seven years.

Policy implications

All policies and procedures specific to SFDC are unique to that part of the business and have therefore not been reported to Council, nor appear on the policy register. All SFDC policies and procedures are required under legislation and can be checked by the Department of Education using spot visits and Assessment and Rating (A&R).

If Council decide to no longer deliver a Family Day Care service, all policies will be rescinded following the closure of the service and archived.

Financial Implications

SFDC is a high-quality service meeting all National Quality Standards.

However, due to declining educator numbers and a less favourable funding environment, the cost to Council to provide a family Day Care service has been growing over the last few years.

Ordinary Meeting – Tuesday 18 February 2025

Page 0

Despite the significant recruitment efforts of SFDC, the educator numbers have continued to trend downwards since 2015/16.

If Council chooses to continue running a FDC service, it should do so with the knowledge that the service will require an ongoing subsidy from the general fund.

Risk Implications

Option 1 - Transition educators to another provider. Educators will be supported to transition to another FDC provider, minimising disruption to families.

· Risk of minor service disruption: the transition could provide some disruption for educators and families requiring care. This has a reputational risk to Council. To mitigate this, Council staff have had discussions with other Family Day Care providers who would be willing to consider transferring the SFDC educators en masse, into their service. If this outcome is achieved, it will mean little to no interruption to service and that educators will be able to continue to operate and that families will be able to continue to receive care for their children.

· Risk of major service disruption – SFDC staff must be retained during the transition to ensure the legislated minimum staffing ratio is maintained. Should SFDC be in a position where the nominated supervisor or coordinators leave the service early, SFDC could be in breach of legislation and the service will cease with immediate effect.

Option 2 - Increase income by recruiting educators. Educators need to reach a minimum of 31 active educators to break even.

· Financial risk: there is a high probability that this option continues to deliver the same financial outcome to Council, due to the difficulties experienced with recruiting and retaining active educators. Until SFDC reaches 31 educators, the service will operate at a loss (estimated at $90,000 per annum).

· Financial and administration risk: starting from January 1 2026, Family Day Care providers will be required to collect gap fees directly from families, rather than having educators collect them. The ‘gap fee’ is the difference between the fee charged by the Educator and the Child Care Support payment. Council would then be responsible for collection of this gap fee and in-turn paying the Educator their portion less any costs charged by us. This will increase Council’s administrative workload and may require additional administrative resource to support the billing process. In addition, Council will now hold the risk of late or non-payment from families, and this change creates a debt liability for Council.

· Compliance risk: the CEO is the approved provider for SFDC, with day-to-day operational responsibility for the service delegated through the Director – City Development to the Nominated Family Day Care Supervisor. The Education and Care Services National Regulations, under the Education and Care Services National Law 2011 and the National Quality Framework in 2012, brought with it penalties that can be applied to the Approved Provider as an entity and personally. The penalties range from $200-$200,000 depending on the offence.

Option 3 - Reduce operating deficit through a reduction in SFDC staff to new minimum requirements (due to legislation changes).

· Financial risk: under this option, the SFDC business continues to operate at a loss subsidised by Council (estimated at $40,000 per annum).

· Financial and administration risk: starting from January 1, 2026, Family Day Care providers will be required to collect gap fees directly from families, rather than having educators collect them. The ‘gap fee’ is the difference between the fee charged by the Educator and the Child Care Support payment. Council will now be responsible for collection to gap fee and then paying the Educator their portion less any costs charged by us. This will increase Council’s administrative workload and may require additional administrative resource to support the billing process. In addition, Council will now hold the risk of late or non-payment from families, and this change creates a debt liability for Council.

Option 4 - Cease service with no transition support (not recommended).

· Reputational risk: educators will not be supported to find alternative providers. This could result in educators having to close for a period of time as they register with a new provider. This will have further impacts on the families as their children will not be receiving care.

Ordinary Meeting – Tuesday 18 February 2025

Page 0

CL25.44 Policy Review - Water and Sewer Headworks Charges (Section 64 Contributions) Assistance for Developments

HPERM Ref: D25/28888

Department: Water Asset Planning & Development

Approver: Andrew McVey, Acting Director - Shoalhaven Water

Attachments: 1. Revised Water & Sewerage Headworks Charges (Section 64 Contributions) - Assistance for Developments ⇩

Purpose:

This report reviews the "Water and Sewerage Headworks Charges (Section 64 Contributions) – Assistance for Developments" Policy (POL22/155) and proposes modifications to ensure the long-term financial sustainability of Council. Initially introduced in 2013, the policy has undergone several amendments, particularly in response to the COVID-19 pandemic. The proposed changes aim to address the significant revenue loss and fund critical infrastructure projects.

Summary and Key Points for Consideration:

The attached policy has been reviewed in accordance with the requirements of the Local Government Act which requires policies to be reviewed within 12 months of the election of a new Council. The policy has been modified significantly to remove the discount on subdivision of land and to remove discounts on all sewer contributions due to the impact the policy has had on the Sewer Section 64 Reserve.

Recommendation

That Council:

1. Approve the modification of the Water & Sewerage Headworks Charges – Assistance for Developers Policy to come into force on 1 July 2025 following item 2 below.

2. Publicly advertise the revised Policy in accordance with legislative requirements as soon as possible. If any significant submissions are received these will be considered in a further report to enable the finalisation of the Policy. If no (or minor) submissions are received then proceed to finalise the amendment to the Policy as notified, without any further reports.

Options

1. Resolve as recommended

Implications: This will allow Shoalhaven Water to collect the required funds to support growth and development.

2. Recind the policy

Implications: Council may choose to rescind the Policy completely before the Development Serving Plans are completed. This will increase income received; however, affected industries may be adversely impacted by the quantum of the change if the Policy is rescinded.

3. Not adopt the recommendation

Implications: Council can request further detail, seek further community input or make other changes.

Background and Supplementary information

The “Water and Sewerage Headworks Charges (Section 64 Contributions) – Assistance for Developments” Policy (POL22/155) was introduced in its current state by the Council in 2013. It was introduced as an interim measure to aid all types of developments whilst the State Government reviewed its 2002 version of the Developer Charges Guidelines for Water Supply, Sewerage, and Stormwater. The policy essentially applies reduction amounts to the current charges in the DSPs prepared under the 2002 Guidelines.

The new guidelines were finally released in 2016 and required an update of the city-wide Water Supply and Sewerage Strategies. The strategy information including predictions for development, growth, and demand was then to be included in Council’s Development Servicing Plans (DSP’s).

Strategies were prepared and draft DSP documents were being finalised when Council suffered back-to-back disasters commencing with the black summer bushfires, flooding, and finally COVID-19.

At its Extra Ordinary Meeting on 7 April 2020, Council resolved to increase the assistance to local industry in the recovery from the impacts of COVID-19.

“Section 64 Developer Contributions for water and sewer headworks charges continue to be discounted. The rate of discount be a uniform 75% in line with current policy provisions for all development. Larger developments that currently only qualify for the 50% discount, shall now receive a 75% discount. Any proposal that has been approved where development contributions have not yet been paid qualify for the discount”

In line with that resolution, the Policy was further amended to increase the discount to 75% for all developments and to receive a report after 12 months for consideration of re-adoption or discontinuation.

In 2021, the Policy was readopted due to the ongoing COVID emergency and the impact on business and the community.

On 31 March 2022, Council resolved to discontinue the COVID assistance component of the Policy. This decision followed the end of Section 10.17, Environmental Planning and Assessment Act 1979: COVID-19 Pandemic – Ministerial Orders (2021).

Following public exhibition, the Policy reverted to the Section 64 Assistance Policy that existed before 7 April 2020.

In 2022, the existing Policy was again reaffirmed whilst staff finalised the Shoalhaven Water Sewer and Water Strategies and revised the drafted DSP’s that was shelved during the COVID-19 pandemic. With the strategies now complete and the DSP’s due for release later this year the current policy requires major modification to manage Council’s long-term financial viability.

Over the period 1 July 2013 to 31 December 2024 the total sum of Developer Contributions applicable was $99,891,449, with the amount collected being $41,553,631. The total discount throughout the policy equates to $58,337,818. The loss of this revenue has resulted in a significant decline in both the water and sewer funds and whilst the water fund remains positive the sewer fund is currently in deficit by over $67MIL due to the development of major projects such as the REM’s 1B Project and the Moss Vale Rd URA.

This deficit and the large capital work program will require large investment over the next 5 to 15 years to achieve the renewals program determined by Council and to ensure our water and sewer infrastructure can continue to deliver safe and secure water and sewer services to the residents and visitors to the Shoalhaven.

To address this issue, it is proposed to remove the Section 64 discount from all sewerage headworks charges for all types of development and remove the Section 64 discount for water headworks where the approved development involves the subdivision of land. The discount will only continue on residential, commercial and industrial development for water supply only. The Policy will remain in force until the Council finalises the DSP’s later this year when it is proposed to report back to Council to rescind this policy and accept the new DSP’s.

Internal Consultations

No internal consultation has been proposed as this is a public policy.

External Consultations

Per legislative requirements, the Policy will be advertised externally with requests for comment sort from affected organisations including developers, consultants, and industry organisations.

Community Consultations

Community consultation is required and the Policy will be advertised on Shoalhaven Water’s website and made available from Council’s offices upon request.

Policy and Statutory Implications

This report is to seek Council’s support to modify the Water and Sewerage Headworks Charges (Section 64 Contributions) – Assistance for Developments” Policy (+).

Financial Implications

The water and sewer funds will receive additional revenue following modifications to this policy.

Risk Implications

A detailed risk assessment has been included in this policy and risks are within Council’s Risk Appetite Statement.

Ordinary Meeting – Tuesday 18 February 2025

Page 0

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.

	2018/19	2019/20	2020/21	2021/22	2022/23	2023/24	2024/25 Forecast with 23 Educators
Income	$1,450,858	$1,373,522	$1,111,793	$1,141,802	$1,099,574	$1, 238,283	$1,530,302
Expenditure	$1,448,541	$1,356,048	$1,180,306	$1,212,492	$1,187,775	$1,335,269	$1,621,196
Profit / Loss	$2,316.95	$17,474	-$68,512	-$70,690	-$88,201	-$96,986	-$90,895

Key impact	2018/19	2019/20	2020/21	2021/22	2022/23	2023/24	Current – Feb 2025
Funding support received	Yes*	Yes*	Yes*	No – fees raised	No	No	No
Registered Educators (average)	39	35	33	28	25	26	24 ^>
Active Educators (average)	36	29	28	26	22	23	23 ^>
Notes about Educator numbers	Similar to numbers for the service since 2015/16	Fell below break even due to loss of educators through COVID and bushfires	Unable to recruit sufficient educators	Unable to recruit sufficient educators	Unable to recruit sufficient educators	Unable to recruit sufficient educators	Directed in June 2024 to cap recruitment – 4 current enquiries