Shoalhaven City Council

Strategy and Assets Committee

Meeting Date: Tuesday, 11 February, 2020 Location: Council Chambers, City Administrative Centre, Bridge Road, Nowra Time: 5.00pm

Membership (Quorum - 5) Clr John Wells - Chairperson Clr Bob Proudfoot All Councillors Chief Executive Officer or nominee

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

Agenda

1. Apologies / Leave of Absence 2. Confirmation of Minutes • Strategy and Assets Committee - 21 January 2020 ...... 1 3. Declarations of Interest 4. Call Over of the Business Paper 5. Mayoral Minute Mayoral Minute MMS20.1 Mayoral Minute - Passing of Warren Halloran AM ...... 11 6. Deputations and Presentations 7. Notices of Motion / Questions on Notice Nil 8. Reports Assets & Works SA20.14 Solar Garden Update ...... 12 SA20.15 Creation of a New Restricted Cash Account (Reserve) ...... 14 SA20.16 NSW Boating Now Funding - Projects ...... 17 SA20.17 Boat Launching Ramp Updated Masterplan ...... 22

Strategy and Assets Committee – Tuesday 11 February 2020 Page ii

SA20.18 - River Road Foreshore Precinct Rehabilitation Project - Drainage Options ...... 47 Planning Environment & Development SA20.19 NOM - Fire Hazard / Fuel Reduction - Council Managed & Other Lands - Action Plan - Legislation amendment - Orders - Bushfire Risk Management Plan Audit ...... 92 SA20.20 Collingwood Beach - Action Plan Progress Report ...... 109 SA20.21 Request - Refund of DA Fees - CareSouth - DA17/1849 & DS19/1469 ... 146 Shoalhaven Water SA20.22 Drought/Fire Impact on Shoalhaven Water Supplies ...... 152 SA20.23 Bushfire Recovery - Water Accounts ...... 157 9. Confidential Reports Nil

Strategy and Assets Committee – Tuesday 11 February 2020 Page iii

Strategy and Assets Committee Delegation: Pursuant to s377(1) of the Local Government Act 1993 (LG Act) the Committee is delegated the functions conferred on Council by the LG Act any other Act or delegated to Council, as are specified in the Schedule, subject to the following limitations: i. The Committee cannot exercise any function delegated to the Council which by the terms of that delegation cannot be sub-delegated; ii. The Committee cannot exercise any function which s377(1) of the LG Act provides cannot be delegated by Council; iii. The Committee cannot exercise a function which is expressly required by the LG Act or any other Act to be exercised by resolution of the Council; and iv. The Committee cannot exercise any function which is a function of the General Manager under s335 of the LG Act. SCHEDULE a. Make recommendations to Council and consider, formulate, review and adopt policies in relation to Council’s corporate & community planning under Part 2 of Chapter 13 of the LG Act, asset management and in connection with the other functions listed in this Schedule and in particular to make recommendations to Council in respect of the content of Council’s community strategic plan, delivery program, resourcing strategy and operational plan within the meaning of Part 2 of Chapter 13 of the LG Act; b. Make recommendations to Council and consider, formulate, review and adopt Council policies, plans and strategies other than those in respect of town planning and environmental matters, and any other matter referred to the Committee by the General Manager; c. Make recommendations in respect of the introduction of new fees or charges or the alteration of existing fees and charges for inclusion in the Council’s next operational plan within the meaning of s405 of the LG Act; d. Monitor, review and consider matters relating to the operations and strategic direction of Council’s Holiday Haven Tourist Parks Group; e. All functions in respect of the management of, and facilities provided on Crown Land in respect of which Council is the ‘Crown Land Manager’ under Division 3.4 of the Crown Lands Management Act 2016 and the making of recommendations to Council regarding such matters where the function is not dealt with under the delegations to the General Manager or cannot be delegated by Council; f. Provision of corporate direction to the Shoalhaven Water Group in respect of powers delegated to it by Council regarding the construction, alteration or maintenance of water and sewerage works, effluent works and pump out removal; g. Authorise the expenditure of funds raised under s64 of the LG Act within the limits outlined in, and in accordance with Council’s adopted Development Servicing Plan and other relevant adopted Council policies; h. Make recommendations to Council in respect of fees and charges for water and wastewater services provided by Council; i. Develop, implement, review and adopt strategic policies for water, sewerage and effluent operations of Council; j. Undertake preliminary investigations (feasibility, cost benefit, risk analysis, etc.) into development opportunities for Council’s strategic land holdings and make recommendations to Council;

Strategy and Assets Committee – Tuesday 11 February 2020 Page iv k. Review and make recommendations to Council in relation to: i. The sale prices of land in connection with residential and industrial Council subdivisions; ii. The sale of Council property or the purchase or resumption of land; iii. The compensation to be offered in respect of land resumed by Council; and iv. Properties leased/rented by Council, or properties leased/rented from Council other than those delegated to the Chief Executive Officer for approval and execution in accordance with MIN14.912 and MIN15.237 of the Council. Note: MIN14.912 delegates authority to the Chief Executive Officer to approve and execute leases and licences that are for a maximum term of 5 years; and are in accordance with current policies and relevant legislation; and have an annual rental of $5,000 or less; and have not been objected to as a result of the public exhibition process (Community Land). In addition, MIN14.912 delegates authority to the Chief Executive Officer to approve and execute telecommunications licences where the agreement relates to an existing telecommunication site. Note: MIN15.237 delegates authority to the Chief Executive Officer to approve and finalise all lease negotiations in relation to the properties now managed by Integrity Real Estate … and to sign any documents necessary to give effect to this resolution. l. To determine and accept all tenders with a value of $1 Million or more, except those tenders required by law to be determined by full Council (MIN17.334).

Shoalhaven City Council

MINUTES OF THE STRATEGY AND ASSETS COMMITTEE

Meeting Date: Tuesday, 21 January 2020 Location: Council Chambers, City Administrative Centre, Bridge Road, Nowra Time: 5.00pm

The following members were present:

Clr John Wells - Chairperson Clr Joanna Gash Clr Amanda Findley Clr Patricia White Clr Kaye Gartner Clr Nina Digiglio Clr Annette Alldrick Clr Mitchell Pakes Clr Greg Watson Clr Mark Kitchener Clr Bob Proudfoot Mr Stephen Dunshea - Chief Executive Officer

Apologies / Leave of Absence

Apologies were received from Clr Guile and Clr Levett.

Confirmation of the Minutes RESOLVED (Clr White / Clr Gash) MIN20.26

That the Minutes of the Strategy and Assets Committee held on Tuesday 10 December 2019 be confirmed. CARRIED

Declarations of Interest

Clr Alldrick – SA20.12 Follow Up Report - New Multi Level Car Park - Shoalhaven District Memorial Hospital – significant pecuniary interest declaration – will leave the room and will not take part in discussion or vote – She is employed at Shoalhaven Hospital.

Minutes Confirmed Tuesday 11 February 2020 – Chairperson ......

Minutes of the Strategy and Assets Committee 21 January 2020 Page 2

Clr Proudfoot – SA20.12 Follow Up Report - New Multi Level Car Park - Shoalhaven District Memorial Hospital – less than significant non pecuniary interest declaration – will not leave the room and will take part in discussion and vote – His daughter is employed at Shoalhaven Hospital.

Call Over of the Business Paper The following items were called up for debate SA20.1, SA20.2, SA20.3, SA20.5, SA20.12 The remaining items were resolved en bloc (Clr White / Clr Gash) at this time. They are marked with an asterisk(*) in these Minutes.

MAYORAL MINUTES

Nil

DEPUTATIONS AND PRESENTATIONS

SA20.2 – Southern Section of Shoalhaven Community and Recreation Precinct Mr Bob Williamson, representing the Nowra Croquet Club, addressed the meeting and spoke in favour of the recommendation.

Procedural Motion - Bring Item Forward RESOLVED (Clr Findley / Clr Wells) MIN20.27 That the matter of item SA20.2 - Southern Section of Shoalhaven Community and Recreation Precinct be brought forward for consideration. CARRIED

SA20.2 Southern Section of Shoalhaven Community and HPERM Ref: Recreation Precinct D19/363929 Recommendation (Item to be determined under delegated authority) That Council: 1. Regarding the design and relevant approvals for the southern section of the SCaRP project, being the Artie Smith Oval Site and the existing Basketball Stadium: a. Receive the Artie Smith Oval DA Ready Design report (Attachment 1), including the estimated costing plan (Attachment 3, Confidential), for information and give ‘In Principle’ support for the project to proceed b. Receive the functional review report on the existing Basketball Stadium (Attachment 2) including the estimated costing plan (Attachment 4, Confidential), for information and give ‘In Principle’ support for the project to proceed c. Progress necessary steps to enable the lodgement of Development Applications to be funded from within existing budgets d. Proceed to develop the Capital Expenditure Review Report for the Office of Local Government from within existing budgets. 2. Regarding the funding for the southern section of the SCaRP Project at Bomaderry:

Minutes Confirmed Tuesday 11 February 2020 – Chairperson ......

Minutes of the Strategy and Assets Committee 21 January 2020 Page 3

a. Advocate to seek funding to fully deliver the southern section of the SCaRP to: i. State Government and the Local Members for Kiama and South Coast ii. Federal Government and the Federal Member for Gilmore. b. Work with relevant agencies, community and sporting organisations to actively advocate for the project and pursue grant funding opportunities. c. Refer the consideration of committing funding for grant opportunities, up to $6 million, from a combination of Section 7.11 Contributions, General Fund and loan funding to the 2020/21 Financial Year budget process.

RESOLVED (Clr Pakes / Clr Gash) MIN20.28 That Council: 1. Regarding the design and relevant approvals for the southern section of the SCaRP project, being the Artie Smith Oval Site and the existing Basketball Stadium: a. Receive the Artie Smith Oval DA Ready Design report (Attachment 1), including the estimated costing plan (Attachment 3, Confidential), for information and give ‘In Principle’ support for the project to proceed b. Receive the functional review report on the existing Basketball Stadium (Attachment 2) including the estimated costing plan (Attachment 4, Confidential), for information and give ‘In Principle’ support for the project to proceed c. Progress necessary steps to enable the lodgement of Development Applications to be funded from within existing budgets d. Proceed to develop the Capital Expenditure Review Report for the Office of Local Government from within existing budgets. 2. Regarding the funding for the southern section of the SCaRP Project at Bomaderry: a. Advocate to seek funding to fully deliver the southern section of the SCaRP to: i. State Government and the Local Members for Kiama and South Coast ii. Federal Government and the Federal Member for Gilmore. b. Work with relevant agencies, community and sporting organisations to actively advocate for the project and pursue grant funding opportunities. c. Refer the consideration of committing funding for grant opportunities, up to $6 million, from a combination of Section 7.11 Contributions, General Fund and loan funding to the 2020/21 Financial Year budget process. CARRIED

NOTICES OF MOTION / QUESTIONS ON NOTICE

SA20.1 Notice of Motion - Protection of our Towns from HPERM Ref: D20/7318 Bushfire Recommendation (Item to be determined under delegated authority) To assist in protect our Towns and Villages from future bushfire attack, Council resolve to mount a campaign to have the NSW or the Commonwealth Government carry out the following actions as they may apply to them and the same provisions also be applied to any Local Government Council where appropriate.

Minutes Confirmed Tuesday 11 February 2020 – Chairperson ......

Minutes of the Strategy and Assets Committee 21 January 2020 Page 4

1. To exempt hazard reduction burns and the construction of asset protection zones, required as a result of a duly adopted standard, from the provisions of the EPCB Act and the NSW Environmental Legislation, internal Government Agency Policies, or any other limitations within other Acts or Regulations which restrict any authorised authority from constructing and maintaining APZs or undertaking hazard reduction burns. 2. To have the NSW State Government adopt as a general policy that Urban settlements requiring the provision of an APZ at the interface with natural areas, such APZ be at least 200m and to have such APZs managed as Park Lands. 3. To either repeal or create an easement over any section of a National Park where part of the Park falls within a 200m APZ and vest the management of that land in the local Council. 4. To enact Legislation to require a private land holder (including Aboriginal Land) create and maintain a parkland like cleared area of generally 200m to act as an APZ between the subject land and the interface with any urban development requiring the provision of an APZ, where a property owner fails to comply with this requirement an authorised authority may carry out the work and charge the land holder for the works, with the exception of Aboriginal Land where the clearing will remain a cost on the authority. 5. To require any Government Authority who manages forested areas to properly maintain and improve the construction of fire trails, this is to include the removal of any obstructions other than locked gates. 6. To consider the construction of strategic fire breaks through forested areas including National Parks of a similar width to a major electricity easement.

Clr Watson raised a Point of Order against Clr Gartner for stating the Motion represents a political manoeuvre. Clr Gartner withdrew her comment and apologised. Clr Watson raised a Point of Order against Councillors for making false imputations about the Motion. The Chairperson did not rule it a Point of Order but asked that Councillors speak to the Motion as written. Note: Clr Gartner left the meeting at 6.36pm Note: Clr Gartner returned to the meeting at 6.38pm

RESOLVED (Clr Watson / Clr Pakes) MIN20.29 To assist in protect our Towns and Villages from future bushfire attack, Council resolve to mount a campaign to have the NSW or the Commonwealth Government carry out the following actions as they may apply to them and the same provisions also be applied to any Local Government Council where appropriate. 1. To exempt hazard reduction burns and the construction of asset protection zones, required as a result of a duly adopted standard, from the provisions of the EPCB Act and the NSW Environmental Legislation, internal Government Agency Policies, or any other limitations within other Acts or Regulations which restrict any authorised authority from constructing and maintaining APZs or undertaking hazard reduction burns. 2. To have the NSW State Government adopt as a general policy that Urban settlements requiring the provision of an APZ at the interface with natural areas, such APZ be at least 200m and to have such APZs managed as Park Lands. 3. To either repeal or create an easement over any section of a National Park where part of the Park falls within a 200m APZ and vest the management of that land in the local Council. 4. To enact Legislation to require a private land holder (including Aboriginal Land) create and maintain a parkland like cleared area of generally 200m to act as an APZ between the subject land and the interface with any urban development requiring the provision of an APZ, where a

Minutes Confirmed Tuesday 11 February 2020 – Chairperson ......

Minutes of the Strategy and Assets Committee 21 January 2020 Page 5

property owner fails to comply with this requirement an authorised authority may carry out the work and charge the land holder for the works, with the exception of Aboriginal Land where the clearing will remain a cost on the authority. 5. To require any Government Authority who manages forested areas to properly maintain and improve the construction of fire trails, this is to include the removal of any obstructions other than locked gates. 6. To consider the construction of strategic fire breaks through forested areas including National Parks of a similar width to a major electricity easement. FOR: Clr Wells, Clr Gash, Clr White, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Clr Findley, Clr Gartner, Clr Digiglio and Clr Alldrick CARRIED

Note: Clr Pakes left the meeting at 7.05pm

Procedural Motion - Matters of Urgency MOTION (Clr Findley / Clr Digiglio) That an additional item on Government Inquiries on Bushfire Management be introduced as a matter of urgency.

The Chairperson ruled the matter as urgent due the current fire recovery situation.

SA20.13 Government Inquiries on Bushfire Management RESOLVED (Clr Findley / Clr Digiglio) MIN20.30 That Council writes to the NSW Government and Federal Government asking for an explanation as to why the recommendations of the 57 formal public inquiries, reviews and Royal Commissions held in related to bushfires and fire management since 1939 have largely not been implemented. FOR: Clr Wells, Clr Gash, Clr Findley, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Clr Watson CARRIED

REPORTS

SA20.2 SOUTHERN SECTION OF SHOALHAVEN COMMUNITY HPERM REF: AND RECREATION PRECINCT D19/363929

Item dealt with earlier in the meeting see MIN20.28

Note: Clr White left the meeting at 7.07pm Note: Clr Gartner left the meeting at 7.07pm Note: Clr Pakes returned to the meeting at 7.09pm

Minutes Confirmed Tuesday 11 February 2020 – Chairperson ......

Minutes of the Strategy and Assets Committee 21 January 2020 Page 6

SA20.3 Draft Landscape Master Plan - Marriott Park HPERM Ref: D19/429099 Recommendation (Item to be determined under delegated authority) That Council place on Public Exhibition the draft Marriott Park Landscape Master Plan for 28 days; 1. If no significant feedback is received at the close of the public exhibition period, the draft Marriott Park Landscape Master Plan be finalised and deemed adopted. 2. If significant feedback is received, update the draft Marriott Park Landscape Master Plan and report the outcomes of the exhibition period to Council prior to adoption

RESOLVED (Clr Wells / Clr Digiglio) MIN20.31 That subject to no objection being raised at a Councillor Briefing, Council place on Public Exhibition the draft Marriott Park Landscape Master Plan for 28 days; and 1. If no significant feedback is received at the close of the public exhibition period, the draft Marriott Park Landscape Master Plan be finalised and deemed adopted; or 2. If significant feedback is received, update the draft Marriott Park Landscape Master Plan and report the outcomes of the exhibition period to Council prior to adoption. CARRIED

Note: Clr White returned to the meeting at 7.09pm Note: Clr Gartner returned to the meeting at 7.11pm

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

SA20.4 Ulladulla Civic Centre - Management - Contract HPERM Ref: Extension D19/441365 RESOLVED* (Clr White / Clr Gash) MIN20.32 That Council: 1. Approve a six (6) month extension of the Ulladulla Civic Centre (UCC) management contract with Milton Ulladulla Ex-Servos Club Ltd 2. Receive a report back with options for the ongoing management of the UCC before August 2020. CARRIED

SA20.5 District Library at - Update on site HPERM Ref: options D19/445709 Recommendation (Item to be determined under delegated authority) That Council 1. Accept this report as an update on MIN18.910 2. Select Site A, located on the corner of Kerry Street and Paradise Beach Road, as the preferred site for building of a new district library at Sanctuary Point. 3. Proceed to community consultation, detailed design and lodgement of a Development Application.

Minutes Confirmed Tuesday 11 February 2020 – Chairperson ......

Minutes of the Strategy and Assets Committee 21 January 2020 Page 7

RESOLVED (Clr Proudfoot / Clr White) MIN20.33 That Council 1. Accept this report as an update on MIN18.910 2. Select Site A, located on the corner of Kerry Street and Paradise Beach Road, as the preferred site for building of a new district library at Sanctuary Point. 3. Proceed to community consultation, detailed design and lodgement of a Development Application. 4. Receive a report from staff on the construction of the new amenities block together with costings at Francis Ryan Reserve. CARRIED

SA20.6 Asset and Work Management Mobility Solution HPERM Ref: D20/2348 RESOLVED* (Clr White / Clr Gash) MIN20.34 That Council 1. Endorse the proposal to implement a Mobility solution for Building Services and Shoalwater Works teams at a cost of $320k to be funded 50% from Shoalhaven Water and 50% utilising Council’s Communication Towers Reserve funds. 2. Subject to successful implementation, support the progressive rollout of the mobility solution to all other maintenance teams. CARRIED

SA20.7 2020 National Forum on Coastal Hazards HPERM Ref: D19/424872 RESOLVED* (Clr White / Clr Gash) MIN20.35 That Council 1. Notes the details of the 2020 National Forum on Coastal Hazards scheduled for 20 to 22 May 2020 in Fremantle, WA. 2. Authorises available Councillors to attend the conference and such attendance be deemed Council Business. 3. Travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with its adopted policy. 4. Request Councillors attending the conference to provide a written report within 30 days of returning from the conference. CARRIED

SA20.8 Proposed Acquisition of Land - Moss Vale Road Urban HPERM Ref: Release Area D19/356386 RESOLVED* (Clr White / Clr Gash) MIN20.36 That Council, in accordance with Section 10A(2)(c) of the Local Government Act 1993; consider a separate confidential report in relation to property acquisition matters associated with Moss Vale

Minutes Confirmed Tuesday 11 February 2020 – Chairperson ......

Minutes of the Strategy and Assets Committee 21 January 2020 Page 8

Road Urban Release Area. CARRIED

SA20.9 Proposed Sale of Land HPERM Ref: D19/423715 RESOLVED* (Clr White / Clr Gash) MIN20.37 That Council, in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993 consider a separate confidential report on the proposed sale of a parcel of Council Land. CARRIED

SA20.10 Property Matters - Nowra CBD HPERM Ref: D19/450146 RESOLVED* (Clr White / Clr Gash) MIN20.38 That Council, in accordance with section 10A(2)(c) of The Local Government Act 1993 consider a separate confidential report in relation to the proposed purchase of a building located in the Nowra CBD. CARRIED

SA20.11 Development Application Fee Refund Request - HPERM Ref: Shoalhaven City Turf Club - DA18/2004 D19/442055 RESOLVED* (Clr White / Clr Gash) MIN20.39 That Council 1. Reimburse the Shoalhaven Turf Club $1,330.62 (GST included) being Development Application (DA) fees in relation to DA18/2004. 2. Fund the reimbursement form the Unallocated Donations budget. CARRIED

Note: Clr Alldrick left the meeting at 7.17pm

SA20.12 Follow Up Report - New Multi Level Car Park - HPERM Ref: D20/3323 Shoalhaven District Memorial Hospital Clr Alldrick – SA20.12 Follow Up Report - New Multi Level Car Park - Shoalhaven District Memorial Hospital – significant pecuniary interest declaration – left the room and did not take part in discussion or vote – She is employed at Shoalhaven Hospital. Clr Proudfoot – SA20.12 Follow Up Report - New Multi Level Car Park - Shoalhaven District Memorial Hospital – less than significant non pecuniary interest declaration – remained in the room and took part in discussion and voted – His daughter is employed at Shoalhaven Hospital.

Recommendation (Item to be determined under delegated authority) That Council, consistent with its resolution of 10 December 2019, now proceed to write to the Illawarra-Shoalhaven Local Health District and both Local Members requesting that hospital staff be exempt from parking fees.

Minutes Confirmed Tuesday 11 February 2020 – Chairperson ......

Minutes of the Strategy and Assets Committee 21 January 2020 Page 9

RESOLVED (Clr Digiglio / Clr Gash) MIN20.40 That Council, consistent with its resolution of 10 December 2019, now proceed to write to the Illawarra-Shoalhaven Local Health District and both Local Members requesting that hospital staff be exempt from parking fees. CARRIED

CONFIDENTIAL REPORTS

Pursuant to Section 10A(4) the public were invited to make representation to the meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed.

No members of the public made representations.

RESOLVED (Clr White / Clr Kitchener) MIN20.41

That the press and public be excluded from the Meeting, pursuant to section 10A(1)(a) of the Local Government Act, 1993, to consider the following items of a confidential nature.

CSA20.1 Proposed Acquisition of Land - Moss Vale Road South Urban Release Area Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.10(A)(2)(c) 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. CSA20.2 Proposed Sale of Land Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.10(A)(2)(d)(i) There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in- confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests. CSA20.3 Property Matters - Nowra CBD Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.10(A)(2)(c) There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in- confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests. CARRIED

Note: Clr Alldrick returned to the meeting at 7.17pm

Minutes Confirmed Tuesday 11 February 2020 – Chairperson ......

Minutes of the Strategy and Assets Committee 21 January 2020 Page 10

Note: Clr Findley left the meeting at 7.23pm

The meeting moved into confidential the time being 7.23pm.

The meeting moved into open session, the time being 7.28pm.

There being no further business, the meeting concluded, the time being 7.29pm.

Clr Wells CHAIRPERSON

Minutes Confirmed Tuesday 11 February 2020 – Chairperson ......

Strategy and Assets Committee – Tuesday 11 February 2020 Page 11

MMS20.1 Mayoral Minute - Passing of Warren Halloran AM

HPERM Ref: D20/22270

Recommendation (Item to be determined under delegated authority) That Council passes on its condolences to the family and friends of Warren Halloran AM.

Details Warren Halloran AM, passed away on 3 January 2020. Warren was well known throughout the Shoalhaven as a realtor, collector, and philanthropist.

Despite spending much of his life and career in , it was the Shoalhaven that held a special place in Warren’s life. Warren’s father, Henry Halloran, had a significant portfolio of property across the state, including several land holdings within the Shoalhaven. Warren spent time visiting these properties and various townships in the Shoalhaven as a child and continued this practice after taking over his father’s business. From his weekender in , Warren developed a wide network of friends and business associates across the region, and through his love of

history, particularly maritime history, became focussed on Jervis Bay and the surrounds. MMS20.1 His passion for history and making interesting connections between historical events is evident in the re-development of Vincentia, a project undertaken in 1952. The township of Vincentia is named for the Battle of St Vincent – a battle which saw Commodore John Jervis, Captain Nelson and others also serving, whose names were used to rename streets in Vincentia. Warren’s significant landholdings in the Jervis Bay region also helped to preserve the pristine environment. In the 1970s the Australian Steel Mining Corporation proposed a major industrial hub with steelworks, heavy industry and major port for the northern part of Jervis Bay – an enterprise to rival Port Kembla. There was significant local opposition to the plan, and Warren Halloran owned the majority of the land needed for the enterprise to succeed. His refusal to sell the land, along with an inability to find local partners, saw the proposal abandoned. Warren later sold the land he owned for the development of the Jervis Bay National Park. Warren’s generosity to the Shoalhaven and his love of the place is evident in so many ways. He built the Museum of Science and the Sea at Huskisson, and his significant collection of maritime science, surveying, land development and art items were gifted to the Museum. He donated a Grand Piano to the Shoalhaven Youth Orchestra currently housed in the Shoalhaven Entertainment Centre and donated numerous artworks to the Shoalhaven Historical Society and, the Shoalhaven Regional Gallery. His farm at Pyree has been donated to Scots College – creating an enduring link and opportunity for connections between the students there and the region and he has provided land for the Vincentia Golf Club, the Culburra Bowling Club and other enterprises. Warren was known as a thoughtful, generous, kind and loyal friend with a great sense of mischief. He was also a quiet philanthropist, providing support and help in many different ways to community groups, organisations and individuals.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 12

SA20.14 Solar Garden Update

HPERM Ref: D19/400468

Section: Technical Services Approver: Paul Keech, Director Assets & Works

Reason for Report The purpose of this report is to provide an update to Council on the progress of the Solar Garden Project proposed for construction on Council owned land located next to the Animal Shelter site at .

Recommendation (Item to be determined under delegated authority) That Council receive an updated report outlining the progress of the Solar Garden Project, with the highlights being: 1. Development Application and Land Lease Progress (Due March 2020) 2. Endeavour Energy - Progress (continuing negotiations with Endeavour Energy) 3. Financial Viability of the project (Due April/May 2020)

4. NSW Regional Community Energy Grant (awaiting the second round of grants) SA20.14 5. Potential Customers (10% of the power generated by the proposed Shoalhaven solar farm, will be purchased by the City of Sydney)

Options 1. That Council receive an updated report outlining the progress of the Solar Garden Project. Implications: Nil

Background The last update on the proposed Solar Garden Project was reported to the Strategy and Assets Committee meeting on 23 July 2019 (SA19.108, D19/193544). This report aims to provide Council with a summary of progress since the July 2019 meeting. Project Progress. • The project is progressing in a manner consistent with the briefing provided at the Strategy and Assets Committee on 23 July 2019. • Repower Shoalhaven can confirm that the development partner that Repower Shoalhaven has agreed to progress the project with is Progressive Green Pty Ltd, trading as Flow Power. Flow Power is a wholesale power company that specialises in supplying renewable energy and energy demand management services to local government, industry and commerce. Development Application and Land Lease Progress • A Development Application pre-lodgement meeting between Repower and Council planning staff took place on 13 November 2019. Flow Power, in collaboration with Repower, is currently undertaking the specialist studies to enable a Development Application to be submitted. At this stage, there are no impediments identified that would prevent the lodgement of a Development Application in early 2020.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 13

• The basis for a 30-year lease of a portion of the Sanitary Depot site at 19 Nowra Hill Road has been established. The rental of $8,000/annum indexed with CPI requested by Council has been accepted. The project will also provide a standalone dedicated 15KW solar array for the adjacent animal shelter. • Repower has visited the adjacent properties advising them of the intention to lodge a Development Application. Project description with outline plans of the proposal together with contact details within Repower Shoalhaven and Flow power have been provided. Endeavour Energy- Progress • Repower is continuing negotiations with Endeavour Energy and related studies to facilitate connection to the adjacent 11KV distribution network are progressing in tandem with finalising the detailed engineering of the site works and solar array layout. Financial Viability of the project • The Repower project team is planning to achieve financial closure in April/May 2020.

The final decision whether to proceed with the project or not will occur at that time. If the decision is to proceed then construction is planned to commence soon after with commissioning scheduled for November 2020. NSW Regional Community Energy Grant • Repower was unable to meet round one of the NSW Government’s “Regional Community Energy Fund” which closed earlier in 2019. The NSW Government has,

as yet, not announced the results of the first round grants and consequently, the SA20.14 NSW Government is unable to advise whether or not a second round will occur. Repower is in the process of seeking assistance from The Hon. Gareth Ward MP on this matter. • Repower Shoalhaven is planning to progress the project independent of the grant position, however, securing a grant has a significant bearing on reaching a successful financial closure and importantly on the timing of the meeting the Repower Shoalhaven objective of re-investment of any surplus income into community sustainability projects. Potential Customers • In October 2019 the City of Sydney announced the award of a long-term energy purchase agreement with Flow Power. This agreement enables the City of Sydney to source 100% of its power needs from renewable sources commencing in July 2020. A component of this contract being 10% of the power generated by the proposed Shoalhaven solar farm, will be purchased by the City of Sydney. This came about as a response to the City of Sydney seeking to support regional communities developing renewable energy. This announcement received some media coverage which highlighted the progress within the Shoalhaven to develop renewable energy. • Repower and Flow Power remain committed to the sale of the balance of the power generated to local public, industrial and commercial customers. Marketing to this end will commence as soon as a successful financial closure is achieved.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 14

SA20.15 Creation of a New Restricted Cash Account (Reserve)

HPERM Ref: D20/15617

Section: Technical Services Approver: Paul Keech, Director Assets & Works

Reason for Report This report provides Council with the opportunity to approve the creation of a new “Restricted Cash Account” and amend the direction of funds received from the RMS compensation monies for land acquired for the new Shoalhaven River Bridge.

Recommendation (Item to be determined under delegated authority)

That Council: 1. Rescind MIN19.604(part 5) 2. Establish the Restricted Cash Account - “Shoalhaven River Foreshore Development Reserve” 3. Distribute the proceeds of $2,618,500 from the compensation paid by RMS for lands acquired for the new Shoalhaven River Bridge as follows: SA20.15 a. $425,000 towards a new structure to house the “Shoalhaven flood boat”; b. $1,023,000 to the Industrial Land Development Reserve c. $1,170,500 to the River Foreshore Development Reserve

Options 1. Adopt as recommended Implications: Monies received from RMS as compensation will be distributed as discussed and directed by Council at the Councillor briefing dated 13 August.

2. Not adopt as recommended Implications: The distribution of monies received from RMS will remain as resolved under MIN19.604.

Background Council resolved at its Ordinary Council meeting on 27 August 2019 (MIN19.604) in part: That Council: 1. Approve the sale of the following land parcels to the NSW Roads & Maritime Services. The land parcels to be compulsorily acquired at the agreed compensation of $2,618,500 (excl GST): a. Lot 1 DP1127316, b. Lot 6 DP813461, c. Lot 5 DP813461,

Strategy and Assets Committee – Tuesday 11 February 2020 Page 15

d. Lot 5 DP262460, e. Lot 3 DP625514, f. Lots 25, 29 and 35 DP1245213, g. Lots 18, 19, 20, 21, 22, 23, 26 and 31 DP1254210. 2. Accept, in addition to 1 above, compensation for disturbance (Sec 55(d)) under the Land Acquisition (Just Terms) Compensation Act covering: a. Council’s legal and valuation fees at cost b. Playground equipment: $48,000 (Located on Lot 1 DP 1127316) c. Toilet block: $120,000 (Located on Lot 7302 DP 1164490 being Crown Land) 3. Approve the granting of a temporary construction lease of the following land parcels to the NSW Roads and Maritime Services from 1 July 2019 to 30 June 2022 at a rental of $52,200 plus GST per annum:

a. Lots A & B DP158942,

b. Lot 11 DP1254213, c. Lot 4 DP1254210, d. Lot 5 DP1254210. 4. Require all costs associated with the sale of Council land parcels to be paid by

Roads and Maritime Services; SA20.15 5. Authorise the allocation of proceeds from part 1 above as follows: a. $425,000 towards a new structure to house the “Shoalhaven flood boat”; b. $930,000 (excl GST) repaid to the Industrial Land Development Reserve; and c. The residual placed in the Property Reserve for future property acquisitions. 6. Approve the affixing of the Common Seal of the Council of the to any documents required to be sealed, otherwise the Chief Executive Officer is authorised to sign any documentation necessary to give effect to the resolution.

Item 5(b) above notating the exclusion of GST should include an additional $93,000 (as the GST) in the transfer to the Industrial Land Development Reserve. Given this the total amount to be transferred is $1,023,000 (incl GST). As discussed at the Councillor Briefing held on 13 August 2019, there was merit in the residual from the RMS land acquisitions bridge project compensation monies ($1,170,500) being placed in a dedicated Reserve (River Foreshore Development Reserve) for future infrastructure works to “seed” the development of the foreshore after the new Shoalhaven River Bridge is constructed.

Community Engagement There are no requirements for community engagement.

Policy Implications There are no Policy implications around the creation of a Reserve; however, it is considered a desirable step in the allocation of monies to Reserves in order to provide Council with the background information as to why the Reserve is being created and where monies allocated to same are derived.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 16

Financial Implications Monies paid by RMS as compensation for the compulsory acquisition of land owned by Council will not change, however the distribution of the monies will reflect the direction given at the Councillor briefing on the bridge project on 13 August 2019.

Risk Implications There are no risks associated with this matter.

SA20.15

Strategy and Assets Committee – Tuesday 11 February 2020 Page 17

SA20.16 NSW Boating Now Funding - Projects

HPERM Ref: D19/434898

Section: Works & Services Approver: Paul Keech, Director Assets & Works

Reason for Report To seek Council’s endorsement on the priority and funding commitment for future boating infrastructure projects funded by Transport for NSW (tNSW) – NSW Boating Now for the next 3 years.

Recommendation (Item to be determined under delegated authority)

That: Council

1. Endorse the following project funding applications in order of priority for Round Three of the NSW Boating Now Funding Program as follows:

Location/Project Est Total Cost $

i. Woollamia Regional Boat Ramp - improvements to SA20.16 115,000 facilitate use by large vessel/trailers at low tides ii. Shoalhaven Heads – Wharf Road - New two-lane 615,000 ramp and pontoon iii. - boat launching ramp improvements 361,000 iv. Myola - new two-lane ramp and pontoon 395,000 v. - Haviland Street – new boat 1,900,000 launching ramp facility vi. Woollamia – Additional pontoons 465,000 vii. Ulladulla Harbour - Visiting berths 150,000 viii. Crookhaven Heads – Investigation and design 40,000 Total $4,041,000 2. Note that a Council contribution towards grant funding for the above will be approximately 25% of the total cost (in the order of $1,000,000 for the whole list). The co-contribution by Council will be catered for in future budget deliberations and long-term financial plans to coincide with possible grant allocations.

Options 1. As recommended Implications: Will provide significant improvement to boating facilities over the next three years.

2. Adopt an alternative priority list and and/or alternative funding contribution.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 18

Background Transport for NSW (tNSW) has announced the availability of $28M funding across NSW for delivery of boating infrastructure projects from June 2020 to June 2022. Funding objectives are to: 1) Improve the boating experience; 2) Improve safety; 3) Enable economic development; and 4) Facilitate places for people by improving harbours and foreshore precents. Funding under this program will be provided for: 1) Projects that address key investment needs identified in the NSW Maritime Infrastructure Plan. These projects may attract up to 75% funding, noting that the lower Shoalhaven and Jervis Bay are the only 2 waterways identified in this plan as being of strategic importance for boating infrastructure. 2) Destination boat ramps being major boat ramps in key locations that meet specified criteria e.g. Lower Shoalhaven River and Jervis Bay waterways that include facilities at Woollamia, and Crookhaven Heads, noting that these facilities could be eligible for funding up to $20K per annum for maintenance. 3) Emergency repairs required in response to damage from natural disasters.

The funding application provides for a two-stage application process with the first stage being SA20.16 a registration of Interest (ROI) to allow for feedback and possible opportunities for collaboration before a formal application stage which will require more detail in the application. ROIs have been submitted for all the recommended identified projects except for Crookhaven Heads (that does not commit Council), however formal funding applications will need to be submitted in February 2020 subject to Council’s endorsement.

Community Engagement Notification of the funding announcement was forwarded to Council’s industry and community database. Community consultation has already been undertaken for projects at Woollamia, Lake Conjola and Ulladulla; however, additional consultation will be required for projects at Shoalhaven Heads, Callala Bay, Myola and Crookhaven Heads prior to proceeding to detailed design. Notwithstanding this, all projects have the strong support of relevant local CCBs and/or user groups.

Policy Implications Relevant Council resolutions are as follows: Council’s Strategy and Assets Committee of 20 February 2018 resolved that: a) Council acknowledge the petition of 373 signatures forwarded from the Callala Bay Community Association and advise the Association that upgrading of the Callala Bay Boat launching ramp remains a high priority for future grant funding opportunities. b) Council continue to seek funding opportunities for full funding of a new boat launching ramp facility at Havilland Street West Lake Conjola. Council’s Strategy and Assets Committee of 15 August 2017 adopted the following project priority list in relation to the previous round of Boating Now funding:

Strategy and Assets Committee – Tuesday 11 February 2020 Page 19

• Woollamia Regional Boat Ramp (Part completed) • Shoalhaven Heads - Wharf Road Boat Ramp upgrade and provision of a dividing pontoon • Callala Bay Boat Ramp (Ramp widening plus dividing walkway) • Myola Boat Ramp (Ramp widening plus dividing pontoon plus carpark sealing • Foreshore Reserve • New facility Havilland Street Lake Conjola (Stage One) • Effluent Pump out facility & floating pontoon

Project Scope/Background /Priority Priority of projects has been determined as those projects previously identified by Council’s resolution of August 2017 and not completed with the exception of Ulladulla Harbour and

Crookhaven Heads that are discussed below:

1) Woollamia Regional Boat Ramp. This is Council’s busiest and most popular boat launching facility used by trailer-boats, non-trailerable vessels and paddle craft. A report to Council to consider a revised masterplan for the site is reported separately for Council’s consideration. The purpose of this funding application is to provide a new boat ramp toe (underwater) to facilitate use by large vessel/trailers at low tides.

2) Shoalhaven Heads – Wharf Road - New two-lane ramp and pontoon. The purpose of SA20.16 this project is to replace the boat launching ramp at Wharf Road which is at the end of its asset life. The current ramp does not comply with boat ramp design guidelines resulting in launching/retrieval being difficult for larger trailerable boats especially at low tides at all Shoalhaven Heads boating facilities. Recent construction of an artificial reef by NSW DPI off the coast of Shoalhaven Heads has resulted in an increase in demand for use by larger offshore trailerable vessels. Numerous representations have been made by the CCB and others in relation to the need for this project. 3) Callala Bay - Boat Launching ramp improvements. The need for this project has been driven by the CCB and is a result of the current disconnect between the jetty and the boat ramp which is non-compliant as a two-lane ramp. The project objective is to improve usability that could include widening the ramp with a sloping dividing walkway provided in between the two lanes. Launching/retrieval at very low tides is difficult due to the shallow depth immediately offshore and will not be resolved by this project. 4) Myola - New two-lane ramp and small dividing finger pontoon. The lower half of this ramp has collapsed making launching/retrieval difficult at low tides. This facility has the advantage of being an all-weather/all tide facility to provide boating access as an alternative to Callala Bay to service users accessing Jervis Bay from the northern side of Currambene Creek/Jervis Bay. The need for this project has been subject to representations from the local CCB and users 5) Lake Conjola - Haviland Street – new boat launching ramp facility. This project has been subject to numerous reports to Council. Whilst Council resolved at its meeting of 12 November 2019 (MIN19.832) to proceed with preliminary works to the value of $300K, this decision has not been supported by the funding grantee (tNSW) yet because of their concerns relating to the reduced project scope not meeting the project objective of providing a reasonable safe facility that would cater for the full range of boat/trailer configurations. Staff are currently in discussions with tNSW regarding their concerns. 6) Woollamia – Additional pontoons (labelled as Stage 3 on the Woollamia Boat Launching Ramp Master Plan PA1289-CP-1001 Rev H). This project aims to provide

Strategy and Assets Committee – Tuesday 11 February 2020 Page 20

additional berthing space for non-trailerable vessels that may require longer stay access for maintenance/provisioning purposes that would include visiting out of area vessels. The project has strong support from boating user groups. 7) Ulladulla Harbour - Visiting berths. This project aims to take advantage of the shovel ready status of the Ulladulla Marina 20 berth project. This project identifies 2 Berths as being visiting berths and the “visiting” status means the construction of these 2 berths is eligible for funding under this program. This project is currently funded from Commonwealth, State and Council economic development funds with geotechnical investigation works currently underway to further de-risk the cost of the rock removal/dredging component. It is intended to use the existing funding commitment (including $400K from Crown Lands) as the partner grant contribution and therefore no additional funding contribution will be required from Council. 8) Crookhaven Heads – Design and investigation (including community consultation) to upgrade the boat launching ramp and replace the existing high-level jetties with a more access/user friendly floating pontoon(s). Due to the exposed location of this facility, investigations will be required by a coastal engineering specialist to consider

the suitability of the site for pontoons prior to proceeding to design. The existing high- level jetty (south of the concrete boat ramp) is currently in a poor state of repair. Given the time frame to investigate, design and then construct a new facility; $50,000 has been allocated (in the 2019/2020 financial year) to carry out repairs to this jetty to make it safe and extend its life for a few years and commence discussions with the community about the long term asset needs at this site. These repairs are scheduled to occur after Easter 2020 when activity in the area subsides and will utilise modular products that can be dismantled and reassigned in the future. SA20.16

Note: All of the above projects (except Lake Conjola and Ulladulla) meet the key investment needs identified in the NSW Maritime Infrastructure Plan and are therefore eligible for 75% of funding.

Financial Implications A Summary of the projects and estimated cost is shown below: Location/Project Estimated Required Required Council Cost $ Funding $ Contribution Contribution rate 75% 25%

Woollamia 115,000 86,250 28,750 Shoalhaven Heads 615,000 461,250 153,750 Callala Bay 361,000 270,750 90,250 Myola 395,000 296,250 98,750 Conjola (1) 1,900,000 1,425,000 475,000 Woollamia 465,000 348,750 116,250 Crookhaven Heads 40,000 30,000 10,000 Total $3,891,000 $2,918,250 $972,750

Ulladulla (2) 150,000 75,000 75,000

Notes: 1) Funding guidelines advise that this project (being a local project) is only eligible for up to 50% funding; however, it may be possible to demonstrate the case for a higher

Strategy and Assets Committee – Tuesday 11 February 2020 Page 21

percentage. For this reason, for the purpose of financial implications, 75% of funding being provided is assumed 2) Does not require allocation of any additional Council funds as it is intended to use existing project funding allocations from the Commonwealth, NSW Crown Lands and Council’s Economic Development Fund as matching funds.

Available Budget is as follows:

2019/20 2020/21 Comment Represents Council’s current budget commitment Better Boating Program 52,000 to providing grant partner funding for this program. Whilst shovel ready, Berringer Lake Foreshore 160,000 considered as a low priority project by tNSW Considered as a low priority Greenwell Point Sandstone Wall 200,000 project and provides no boating benefit. Waterways Minor Improvement 52,000 Program Total $52,000 $412,000

SA20.16 Total available budget over the next two years is $464,000

If Council is to adopt the recommended project list and the grant applications are successful, $508,750 of funding is required to be allocated in the third project delivery year being 2021/22 FY as contributory funding.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 22

SA20.17 Woollamia Boat Launching Ramp Updated Masterplan

HPERM Ref: D20/4054

Section: Project Delivery & Contracts Approver: Paul Keech, Director Assets & Works

Attachments: 1. Master Plan Rev C Adopted August 2016 ⇩ 2. Woollamia BLR Master Plan rev I 2020 ⇩ 3. Frank Lewis Way - Car Park Options ⇩ 4. Petition Wording ⇩ 5. Woollamia Boat Ramp Master Plan - Stuart Dixon ⇩ 6. Council Responses to Residents Concerns ⇩ 7. Letter - Acoustic Impact Woollamia Boat launcing Ramp - The Acoustic Group ⇩

Reason for Report To allow Councillors to consider the updated masterplan for the Woollamia Boat Launching Ramp precinct enabling currently funded works to proceed and platform from which to seek funding for further works.

SA20.17 Recommendation (Item to be determined under delegated authority) That Council: 1. Adopt the updated Master Plan for Woollamia Boat Launching Ramp (PA1289-CP-1001 Rev I), and commence works that are currently funded and in accordance with this Master Plan. 2. Seek funding for works identified in the Master Plan for Woollamia Boat Launching Ramp (PA1289-CP-1001 Rev I) which are not currently funded. 3. Note that the operation of the Boat Maintenance Facility will need to be governed by Conditions of Operation and public consultation will be required before such conditions are imposed.

Options 1. Adopt the master plan. As recommended. Implications: Currently funded works and grant applications for future aspects can be undertaken with a high level of certainty. Currently funded aspects are proposed to be built to designs supported by the community majority.

2. Amended single car park option. Council adopt the master plan as shown in this report, incorporating Single Vehicle Car Park Option 3 as requested by adjacent residents. Currently funded aspects are proposed to be built to designs supported by the community majority. A suitable resolution for this option could be: 1. Adopt the updated Master Plan for Woollamia Boat Launching Ramp (PA1289-CP- 1001 Rev I) incorporating the single vehicle carpark on Frank Lewis Way Option 3 (plan DN190083/SK03 in Attachment 3), and commence works that are currently funded and in accordance with this Master Plan.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 23

2. Seek funding for works identified in the Master Plan for Woollamia Boat Launching Ramp (PA1289-CP-1001 Rev I) which are not currently funded. 3. Note that the operation of the Boat Maintenance Facility will need to be governed by Conditions of Operation and public consultation will be required before such conditions are imposed. Implications: This option mitigates some of the concerns raised by local residents. However, it brings the carpark and Frank Lewis Way operation together which is undesirable for traffic flow.

3. Council adopt an alternative master plan. Implications: An alternative master plan would require substantial redefinition and community consultation. Currently funded aspects are proposed to be built to designs supported by the community majority. A suitable resolution for this option could be: That Council note the updated Master Plan for Woollamia Boat Launching Ramp

(PA1289-CP-1001 Rev I), and that the CEO (Director Assets and Works) conduct a Councilllor Workshop to conisder amendments to the Master Plan.

4. Council do not adopt the proposed master plan. Not a feasible Option given the consultation and works that have occurred to date.

Implications: The previously adopted master plan would remain as the planning SA20.17 document and this is contrary to the expectations of the community majority. Currently funded aspects proposed to be built in accordance with updated designs could be challenged as not being in accordance with the previously adopted 2016 master plan.

Background Woollamia Boat Launching Ramp is one of the busiest boat-launching ramps in the Shoalhaven as it provides sheltered launching and retrieval for vessels using Jervis Bay. Council adopted a master plan in August 2016, however the demand for facilities and detailed design has developed to the extent that an updated master plan is warranted. MIN16.641 of August 2016 adopted the master plan as shown in Attachment 1. The major components of the 2016 master plan are as follows: 1. Two-lane ramp increased to three lanes, 2. Existing ramp slope and length adjusted, 3. Existing jetty demolished, 4. New downstream pontoons, 5. Existing wharf refurbished and extended. 6. New upstream travel lift out, 7. Timber board walk to downstream sandy beach, 8. Regrade and resurface existing car park and internal access roads, 9. New single vehicle car park in Frank Lewis way, 10. Minor boat maintenance facility.

The proposed master plan 2020 Attachment 2 alters the above aspects as follows: 1) Two lane ramp - proposed to be increased to three lanes. The majority of users have advised that a third ramp lane will increase rather than alleviate queueing at the ramp and that the risks associated with reversing vehicles would also be increased. The preference is for more on water waiting space and for

Strategy and Assets Committee – Tuesday 11 February 2020 Page 24

better access to the head of the ramp to allow “out of sequence” vehicles to get to the ramp to retrieve their vessel. The third ramp lane is no longer proposed, and the vegetated island is proposed to be removed to allow better vehicle access to the head of the ramp.

2) Existing ramp slope and length adjusted The existing ramp consists of an upper half of in situ concrete and a lower half of precast planks that finish about 1.5 metre short of the berthing face of the pontoons. The slope is slightly steeper than some ramps in the Shoalhaven; however, to alter the grade would require substantial rebuilding of the ramp to either extend the ramp further into the car park at the top end or further into the creek at the toe. This is an expensive option and it is impracticable to extend into the car park and it would create a navigation hazard if extended beyond the berthing line of the pontoons. The existing precast planks are in a varying state of repair and would be best replaced with in situ concrete extending to align with the berthing face of the pontoons.

3) Existing jetty demolished.

The existing L-shaped fixed jetty is in relatively shallow depth water and was used by smaller vessels to tie alongside, and also by people watching the activities in and around the ramp including observing the large stingrays that feed at the discharge pipe from the fish cleaning table. The access leg of the fixed jetty was demolished to make space for the access leg of the downstream pontoons, and the berthing leg of the fixed jetty was retained to continue its use for smaller vessels such as dinghies and its ongoing use as a viewing platform. The fixed jetty was provided with a fixed SA20.17 access ramp as the fixed jetty is preferred as an observation point for those who do not wish to use the pontoons which move with the tides and waves. This work was completed in 2017.

4) New downstream pontoons. The downstream pontoons, stage 1 pontoons, are an L shape with the access leg adjacent to the ramp and the berthing face outside of the existing fixed jetty. Stage 1 pontoons were constructed in 2017 using grant funding provided under the NSW Government Better Boating Now program.

5) Existing wharf refurbished and extended The existing wharf was found to be in a poor condition such that refurbishment was an expensive option. The existing wharf was a fixed height wharf and people in the majority of vessels had to climb access ladders to get to the wharf deck. The new downstream pontoons provide a berthing face 600mm above the water and the accessibility of the new pontoons at all tide ranges led to the user groups calling for more pontoons and no wharf. The wharf does however provide for the loading and unloading of goods or equipment to vessels where some form of cranage is required. Cranes cannot use the pontoons as the loads are too great and the pontoons rely on floatation not a fixed footing. The wharf has accordingly been reduced in berthing face width and has been supplemented by more pontoon berthing face, stage 2 pontoons. The pontoons were completed in 2019. The Wharf works are still to be undertaken.

6) New upstream travel lift out Travel lift equipment utilises a large mobile lifting frame with slings that are positioned under a vessel for lifting and lowering. The travel lift requires a fixed wharf either side to allow the travel lift to position the vessel out into deep water. Travel lifts are one option for retrieving vessels and are inherently costly to operate and require specialised operators. The volume and type of vessels predominant in the

Strategy and Assets Committee – Tuesday 11 February 2020 Page 25

Currumbene Creek, Jervis Bay area are more suited to being managed with a hydraulic lift trailer than a travel lift and a hydraulic lift trailer is more manoeuvrable between the creek and the maintenance area. The travel lift and associated wharf fingers have been replaced with a hydraulic lift trailer that will use the boat ramp and more pontoon berthing face, stage 3 pontoons. The stage 3 pontoons are proposed to include water and power facilities to allow for provisioning of vessels. The stage 1 and stage 2 pontoons are proposed to have limited berthing times managed by the Ramp User Group while the stage 3 pontoons are proposed to cater for vessels wishing to berth for longer periods.

7) Timber board walk to downstream sandy beach. The board walk provides access to the downstream sandy beach for paddle craft which makes launching and retrieval easier and safer, as it is located away from the ramp area with motorised vessels. Originally shown as a curved board walk the design was straightened out for easier use and to minimise damage to existing wet land mangroves. The structure was changed to fibre-reinforced materials for better

durability in the marine environment and to avoid the use of treated timbers in the

wetland mangrove area. The board walk was completed in 2018.

8) Regrade and resurface existing car park and internal access roads. This aspect remains unchanged as the existing areas are ageing and have potholing and ponding issues. These works are subject to securing future funding.

9) New single vehicle car park in Frank Lewis way. SA20.17 There are limited single vehicle spaces within the existing formed areas and the number of single vehicles is increasing with paddle craft users and general visitors. The user groups have raised the issue of the single vehicles parking in spaces suitable for vehicles with trailers. Lot 74 DP755928 is a vacant lot at the end of Frank Lewis Way on the western side held by the State of gazetted for Parking in 2006 and for Public Recreation, Community Purposes, Environmental Protection, Tourist Facilities & Services in 2008. The 2016 master plan showed the development of a “new car park 32 spaces”; however, the detail design undertaken to date allows for 26 spaces for single vehicles. Refer Attachment 3 Option 1. A further 3 spaces at the northern end are proposed to be removed at the request of local residents, reducing the number to 23. Refer Attachment 2. Records from December 2019 / January 2020 show a peak of 17 single vehicles parked in spaces suitable for vehicles with trailers some of which were then forced to park on the verge of Frank Lewis Way.

10) Minor boat maintenance facility. The minor boat maintenance facility remains in the same area as proposed in the 2016 master plan; however, the footprint has changed due to definition of the property boundary and definition of the vegetated areas and the SEPP Wetland area. The proposal includes concrete hardstands falling to pump facilities to retain wash down water in settlement tanks and prevent run off anti-fouling sediments into the adjacent SEPP Wetlands.

11) New item revetment and shore-based facilities The 2016 master plan identifies that the existing revetment along Currambene Creek is in need of repair; however, the Jervis Bay Marine Park Authority have submitted that the revetment should be rebuilt to a design that provides more fish and crustacean habitat.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 26

The pontoons and adjacent creek edges are increasingly popular with non-boaters and there is an increasing demand for landscaping, seating, shade and BBQ facilities.

These new items are currently unfunded.

Community Engagement The 2016 master plan was exhibited, and community meetings held. Since adoption of the 2016 master plan several public meetings have been held along with meetings with user groups or affected adjacent landowners. The enhanced development of the Woollamia Boat Launching Ramp retains a high level of support within the general community, and a petition containing 140 signatures was received seeking “approvals along with works be started as a matter of urgency for the following uncompleted items”; 1 Repairs to the existing ramp

2 Frank Lewis Way car park

3 Stage 3 pontoons 4 Crane platform wharf 5 Boat maintenance facility The wording of the petition is contained in Attachment 4.

Objections to aspects of the travel lift facility, the minor boat maintenance facility, the single SA20.17 vehicle car park, competing uses within a small footprint, illegal camping, public access to Coulon St and navigation safety were received from some Coulon Street landowners in a meeting with the Mayor and Director Assets and Works on the 14 November 2019, see Attachment 5. Council’s responses to the concerns raised are contained in Attachment 6. In response to the objections to the noise and impact of the travel lift facility the travel lift is now proposed to be replaced with a hydraulic lift trailer using the existing ramp, and the wharf has been located further downstream as far as possible from Coulon Street without reducing depth at the berthing face or impacting the stage 2 pontoons and access to the ramp. The noise and other impacts of minor boat maintenance will be reduced by the provision of a dedicated minor boat maintenance facility with environmental control measures (concrete wash down areas and settlement tanks) and electrical supply rather than the use of generators. The area will be operated under a licence agreement with either a commercial operator or the Ramp Users Group. The passive recreation area adjacent to the minor boat maintenance facility in the 2016 masterplan is proposed as a vegetated buffer zone to further attenuate noise from the minor boat maintenance facility at the request of local residents. The passive recreation areas are now on the foreshore, away from the boat maintenance facility, which is safer. Council discussed this proposed Master Plan with Noise Consultants, The Acoustic Group Pty Ltd, and the following is extracted from their letter to Council dated 24 January 2020 (see Attachment 7) “I understand that the construction of the car park falls under the Infrastructure State Environmental Planning Policy, but with respect to noise as the car park is not a highway or a road corridor with more than 40000 movements a day, then there is no requirement under the Infrastructure SEPP to provide any attenuation from the car park. However, notwithstanding the absence of any acoustic criteria the Council has amended the original carpark proposal to reduce the number of parking bays and provide a landscape buffer (to move the vehicles further away from the boundary of lot

Strategy and Assets Committee – Tuesday 11 February 2020 Page 27

73) and provide a 1800mm lapped and capped fence to provide additional acoustic shielding of the car park. I confirm my verbal advice the proposed modification provides additional acoustic attenuation to the original car park proposal and I support the Council’s position to provide the additional acoustic attenuation that will provide significant visual and acoustic shielding to that that would have occurred with the original proposal”. The single vehicle car park design investigated several options. Most were unacceptable due to traffic congestion and safety risks associated with parking on Frank Lewis Way, as opposed to off road parking. The adopted Frank Lewis car park design has been developed to provide the best balance between land use, number of parking spaces, ease of access, traffic flow in the precinct (and on Frank Lewis Way in particular) and effect on local residences. An optimised 4m wide vegetated buffer and minimum 2m high lapped and capped fence is proposed to the adjacent property, 4 Coulon St, to reduce noise, headlight effect and visual impact on the property’s oblique view. The masterplan seeks to provide safer, more efficient and practically placed areas for

competing uses with less noise than present.

Public access to Coulon Street is expected to reduce as a result of formalised parking and improved traffic flow. Illegal camping is being addressed by means outside of the masterplan, such as enforcement by Council Rangers. The masterplan is not expected to negatively affect navigational safety in the Currumbene Creek channel. SA20.17

On the 4 February 2020 the Director Assets and Works held a follow up meeting with the local residents (ie follow up from the 14 November 2019) and the Master plan was revised from ”H” to “I” which essentially involved the following changes;

• Removal of three carpark spaces at the Coulon St end of the proposed carpark • Incorporation of a 1m vegetation buffer • Commitment to CCTV in the carpark • Fence being a minimum of 2m high, owned and maintained by Council • The gravel hard stand converted to a vegetated buffer

Policy Implications No policy implications were identified.

Financial Implications A tabulated summary of the masterplan elements status is provided below. Master plan components 1, 3, 4, 5 a) & 7 are completed. Master plan components 5 b), 9 & 10 are currently funded under grant schemes and the SCC Economic Development Reserve. Master plan components 2 & 6 are undergoing the NSW Better Boating Now application process. Master plan components 8 & 11 are unfunded with no current potential for funding.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 28

Item Adopted 2016 Proposed 2020 master Financial status master plan plan 1 Two lane ramp Retain as two lanes. increased to three ✓ Completed. lanes 2 Existing ramp Repair existing ramp Better Boat Now application slope and length Estimate $115,000 adjusted (BBN $86,250, SCC $28,750) 3 Existing fixed jetty Part retained.

demolished ✓ Completed 4 New downstream Stage 1 built

pontoons ✓ Completed

5 Existing wharf a) Changed to stage 2

refurbished and pontoons. ✓ extended Completed. And b) Reduced to shorter NSW Growing Local Economies Grant

berthing face wharf. Estimate $1,107,000. T1 75947 SA20.17 (GLE $851,000, SCCEDR $256,000) 6 New upstream Changed to stage 3 Better Boat Now application travel lift out pontoons Estimate $465,000 (BBN $348,750, SCC $116,250) 7 Timber board Material changed and

walk to built. ✓ downstream Completed sandy beach 8 Regrade and Regrade and resurface Unfunded resurface existing existing car park and Estimate $1,425,000 car park and internal access roads, internal access roads 9 New single Proposed as 26 spaces NSW Growing Local Economies Grant vehicle car park Estimate $260,000. T1 75947 in Frank Lewis way (GLE $174,000, SCCEDR $86,000) 10 Minor boat Proposed with changed Australian Government South Coast maintenance footprint & hydraulic lift Region Jobs Grant. T1 75926 facility trailer Estimate $380,900 (SCRJ $180,900, SCCEDR $200,000) 11 Not identified Revetment and non- Unfunded boating aspects Estimate unknown as yet

Strategy and Assets Committee – Tuesday 11 February 2020 Page 29

Risk Implications Failure to adopt a developed master plan design has the potential to slow the implementation of works that have been funded by external grant funds from the Australian and New South Wales Governments. It also has the potential to damage Council’s reputation within the community.

SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 30

Attachment 1

- SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 31

Attachment 2

- SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 32

Attachment 3

-

SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 33

Attachment 3

-

SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 34

Attachment 3

-

SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 35

Attachment 3

-

SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 36

Attachment 3

-

SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 37

Attachment 3

-

SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 38

Attachment 4

- SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 39

Attachment 5

- SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 40

Attachment 5

- SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 41

Attachment 6

- SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 42

Attachment 6

- SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 43

Attachment 6

- SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 44

Attachment 6

- SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 45

Attachment 7

- SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 46

Attachment 7

- SA20.17

Strategy and Assets Committee – Tuesday 11 February 2020 Page 47

SA20.18 Shoalhaven Heads - River Road Foreshore Precinct Rehabilitation Project - Drainage Options

HPERM Ref: D20/20687

Section: Project Delivery & Contracts Approver: Paul Keech, Director Assets & Works

Attachments: 1. Drainage Design - River Road, Shoalhaven Heads - DA Submission (excerpt) ⇩ 2. Option A - Shoalhaven Heads River Road Foreshore ⇩ 3. Option B ⇩ 4. Option C ⇩

5. Option D ⇩ 6. Heads News September 2019 It's going to be ugly ⇩ 7. Letter from Shoalhaven Heads Community Forum ⇩ 8. River Road Foreshore Management Options ⇩ 9. CEO Response - Disagreement Works Proposed ⇩ 10. Response - Robyn Flack Enquiry - Stormwater Outlets - The River Rd Shoalhaven Heads ⇩ 11. River Road Project Options - Shoalhaven Heads Community Forum ⇩ SA20.18 12. Feedback and summary of 10 Jan 2020 meeting with Council ⇩

Reason for Report Allow Council to consider amending the scope of works for the Shoalhaven Heads River Road Foreshore Rehabilitation project following representations from Shoalhaven Heads Community Forum (SHCF) and Shoalhaven Estuary Task Force 2012 (SHET).

Recommendation (Item to be determined under delegated authority) That Council 1. Adopt Design Option C - Drainage of the area between Renown Avenue and Mathews Street (opposite the Heads Hotel) via two outlets under the two boardwalk landings discharging onto erosion protection on the beach (Plan 5490 Rev 02 – sheets 11 to 13) for the Shoalhaven Heads River Road Foreshore Rehabilitation project, and amend the project documentation accordingly. 2. Call tenders for the Shoalhaven Heads River Road Foreshore Precinct Rehabilitation Project in accordance with the separable portion’s strategy referred to in resolution MIN19.467 of the 2 July 2019 Development and Environment Committee, subject to amendments to the project documentation as referenced in part 1 above. 3. Receive a further confidential report regarding the Tender process in accordance with the provisions of the Local Government Act.

Options 1. Continue with the current Project Scope and DA for the Shoalhaven Heads River Road Foreshore Rehabilitation project. Suitable resolution for this option would be:

Strategy and Assets Committee – Tuesday 11 February 2020 Page 48

1. Note the additional public consultation undertaken with respect to the Shoalhaven Heads - River Road Foreshore Precinct Rehabilitation Project (i.e. Options A, B, C, D) and continue with the current project scope and Development Application 2. Call tenders for the Shoalhaven Heads River Road Foreshore Precinct Rehabilitation Project in accordance with the separable portion’s strategy referred to in resolution MIN19.467 of the 2 July 2019 Development and Environment Committee. 3. Receive a further confidential report regarding the Tender process in accordance with the provisions of the Local Government Act. Implications: The DA can be determined with the submitted design and the project proceed to tender and construction. This is not recommended as it does not address some of the community’s immediate concerns, at a similar cost.

2. Adopt Option C for the Shoalhaven Heads River Road Foreshore Rehabilitation project.

As recommended

Implications: The design amendments can be submitted to the DA; the DA be determined, and the project proceed to tender and construction. Option C addresses the immediate concerns of the community with least impact on the project program at similar cost to the design submitted with the DA.

3. Adopt Option A for the Shoalhaven Heads River Road Foreshore Rehabilitation project, SA20.18 which is the Shoalhaven Heads Community Forum (SHCF) and Shoalhaven Estuary Task Force 2012 (SHET) preferred option. Suitable resolution for this option would be: 1. Adopt Design Option A - Drainage of the area between Renown Avenue and Mathews Street (opposite the Heads Hotel) plus others for 650m along River Rd (Plan 5490 Rev 02 – sheets 05 to 07) for the Shoalhaven Heads River Road Foreshore Rehabilitation project, and place the Project on hold whilst detailed design work is undertaken to determine the feasibility of the drainage proposal and a funding strategy is determined. Implications: This is not recommended as Option A is significantly more costly than the other options ($1.2M). Additional funding would need to be sourced so that the grant funding is not placed at risk.

Background The River Road, Shoalhaven Heads foreshore suffered significant erosion during the east coast low storms in 2016. The area in question runs parallel to River Road generally between Renown Avenue and Mathews Street (opposite the Heads Hotel). A progress update report was provided to the Development & Environment Committee on 2 July 2019, summarising the design development and community engagement activities including cost saving options and discussions undertaken up to that point. At this meeting the committee resolved as follows (MIN19.467): 1. Proceed to call Tenders for the Shoalhaven Heads River Road Foreshore Precinct Rehabilitation Project in accordance with the separable portion’s strategy outlined in the report. 2. Receive a further confidential report regarding the Tender process in accordance with the provisions of the Local Government Act.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 49

Prior to proceeding to tender the estimated cost of this project was in the order of $2,100,000. This was to be funded as follows: Source Funds Restart NSW funding deed for the remediation of the foreshore* $1,213,000 Stormwater Capital Budget $350,000 Coastal budget $200,000 Total $1,763,000

*(Deed signed on 3rd September 2018, including construction of rock revetment, installation of tourism infrastructure and sand nourishment and riverbank revegetation) This represented a possible funding shortfall of $237,000 (as at July 2019)

A Development Application DA19/1910 was submitted for the project on 30 August 2019. The essential components of this application are: • Drainage works to manage stormwater on the foreshore. • A rock revetment wall to protect the foreshore from further erosion. • Sand nourishment and profiling of the beach.

• Stairs and landings to provide beach access from River Rd. SA20.18 • Planting bottom of embankment to trail over rock armour. At the time of writing this report the DA was due to be determined on 15 February 2020. The design submitted with the DA includes drainage of the area between Renown Avenue and Mathews Street (opposite the Heads Hotel) via 3 drainage outlets discharging onto erosion protection on the beach at the base of the proposed rock revetment (Attachment 1). The September 2019 edition of the Heads News published an article about the River Rd foreshore project headlined “It’s Going to Be Ugly” (Attachment 6). This triggered a number of meetings and discussions between representatives of Shoalhaven Heads Community Forum (SHCF) and Shoalhaven Estuary Task Force 2012 (SHET) and Council Staff. The details of the more “formal” of these are captured in the following documents: • Letter from SHCF to Council CEO dated 07/09/19 (Attachment 7) • Letter from SHCF President Robyn Flack to CEO dated 01/10/19 River Road Foreshore Management Options (Attachment 8) • Emails between CEO and SHCF President Robyn Flack dated 2/10/19- Disagreement Works Proposed (Attachment 9) • Letter from SCC Director Assets and Works to SHCF dated 18/10/2019 - Response to Robyn Flack Enquiry - Stormwater Outlets - River Rd, Shoalhaven Heads (Attachment 10) • Letter from SCC Director Assets and Works to SHCF dated 20/12/2019 – River Road Project Options (Attachment 11) The four drainage management options (Attachment 11) are. Option A - Drainage of the area between Renown Avenue and Mathews Street (opposite the Heads Hotel) plus others for 650m along River Rd (Attachment 2).

Strategy and Assets Committee – Tuesday 11 February 2020 Page 50

Option B - Drainage of the area between Renown Avenue and Mathews Street (opposite the Heads Hotel) via three outlets into navigation channel (Attachment 3). Option C - Drainage of the area between Renown Avenue and Mathews Street (opposite the Heads Hotel) via two outlets under the two boardwalk landings discharging onto erosion protection on the beach (Attachment 4). Option D - Drainage of the area between Renown Avenue and Mathews Street (opposite the Heads Hotel) via a drainage line behind the rock revetment wall discharging south of the stairs at Renown Ave (Attachment 5). Note: once developed Option D was effectively ruled out due to practical engineering considerations such as lack fall of pipe and the impacts of flooding on the pipe system. Given Council’s adopted position, Option C - Drainage of the area between Renown Avenue and Mathews Street (opposite the Heads Hotel) via two outlets under the two boardwalk landings discharging onto erosion protection on the beach (Attachment 4) is the preferred

“amended option” for the following reasons:

• Hides the stormwater discharge infrastructure under landing decking. • Not impacted by the soft engineering stage. • Not a large investment in infrastructure, therefore a small asset management legacy. • Outlets are free draining and easily accessible above high water (except during

floods). SA20.18 • Minor impact on the DA process (and grant funding documentation). • Minor impact on the financial implications, as some drainage infrastructure will not be required and the budget for this will generally cover the additional stairs and platform proposed. • Option A or Option B could be considered in future years as more funding and dredging becomes available. Council has tender documentation prepared, awaiting design finalisation and DA approval.

Community Engagement On 14 January 2020 Council received SHCF and SHET’s preferred position (Attachment 12) with the main points being: • Of particular concern is the potential for the project to implement short term options which secure Council assets but leaves the community with a legacy of unsatisfactory recreational and environmental outcomes. The river frontage at the Hotel is a focal point however the full length of the river edge provides the village amenity for a wide range of recreation uses. • A preference for Drainage option A • The rock wall is acknowledged as a viable asset protection measure, but it must be covered with sand and vegetation with no stormwater pipes discharging from it. • There must be an ongoing dredging and sand nourishment program, included in the Coastal Management Plan.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 51

Policy Implications The requested future ongoing dredging and sand nourishment program would need to be incorporated into the Coastal Management Plan.

Financial Implications The revised estimate for the design submitted with the DA is $2,526,000 which represents a funding shortfall of $763,000. Note: The estimate for the project based on selection of Option C is $2,516,000 resulting in a possible funding shortfall of $753,000. A more accurate cost of the project and possible funding shortfall will be available when tender prices are received. Additional funding may be sourced in the March 2020 quarterly budget review, or the 20/21 Budget. This matter will be considered in detail once tenders are received.

The tender will include separable portions in accordance with resolution MIN19.467 of the 2 July 2019 Development and Environment Committee, enabling some flexibility with the scope of works.

Risk Implications

Risks currently identified include: SA20.18 • The Soft Engineering works will be unfunded and bogged down in “approval’” red tape. The success of the project is dependent on the hard engineering solution (Rock wall) and the soft engineering solution (Beach Nourishment and Channel Dredging) occurring within a reasonable time of each other. • Failure to meet the grant funding milestones due to delays. The funding agreement milestone has been extended and currently requires completion of the works by 30 November 2020. Based on expected DA approval by mid-February, the expected completion date is now the end of February 2021. An extension of time will be sought from the grant funder once the DA is approved. Council has tender documentation prepared, awaiting design finalisation and DA approval.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 52

Attachment 1

-

SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 53

Attachment 1

-

SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 54

Attachment 1

-

SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 55

Attachment 1

-

SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 56

Attachment 2

-

SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 57

Attachment 2

-

SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 58

Attachment 2

-

SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 59

Attachment 3

-

SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 60

Attachment 3

-

SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 61

Attachment 3

-

SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 62

Attachment 4

-

SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 63

Attachment 4

-

SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 64

Attachment 4

-

SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 65

Attachment 5

-

SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 66

Attachment 5

-

SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 67

Attachment 5

-

SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 68

Attachment 6

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 69

Attachment 6

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 70

Attachment 7

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 71

Attachment 7

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 72

Attachment 8

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 73

Attachment 8

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 74

Attachment 8

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 75

Attachment 8

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 76

Attachment 8

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 77

Attachment 9

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 78

Attachment 9

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 79

Attachment 9

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 80

Attachment 9

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 81

Attachment 10

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 82

Attachment 10

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 83

Attachment 11

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 84

Attachment 11

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 85

Attachment 11

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 86

Attachment 11

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 87

Attachment 11

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 88

Attachment 12

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 89

Attachment 12

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 90

Attachment 12

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 91

Attachment 12

- SA20.18

Strategy and Assets Committee – Tuesday 11 February 2020 Page 92

SA20.19 NOM - Fire Hazard / Fuel Reduction - Council Managed & Other Lands - Action Plan - Legislation amendment - Orders - Bushfire Risk Management Plan Audit

HPERM Ref: D19/427858

Section: Environmental Services Approver: Phil Costello, Director Planning Environment & Development Group

Attachments: 1. Attachment 1: Treatment Strategies - Shoalhaven Bush Fire Risk Management Plan 2018 ⇩

Reason for Report

Provide Council with information, as per the Notice of Motion (MIN19.863), regarding how bushfire risk is managed on Council owned and managed land and seek clarification in regard to safe fuel load levels. Also, information in regard to representation made to the NSW State Government relating to issuing hazard reduction orders, under section 66 of the RFS Act, and requesting an audit of the Shoalhaven Bushfire Risk Management Plan.

Recommendation (Item to be determined under delegated authority) SA20.19 That Council 1. Endorse the continued application of treatments identified in the Shoalhaven District Bushfire Management Plan through the Annual Bushfire Mitigation Program and the continuation of the audit/review of Asset Protection Zones (APZs) as outlined in this report. 2. Council provide clarification/direction and possible allocation of resources for the development, assessment and implementation of an additional program of fuel reduction works that would meet the intent of the subject NoM.

Options 1. Council reiterates its support of its Annual Bushfire Mitigation Program and audit review process. Implications: Council continues to meet its legislative responsibilities and obligations by implementing current best practice as outlined in the program.

2. In addition to the above, Council provide clarification/direction in regard to alternative Bushfire Mitigation measures or fuel load levels sought to meet the intent of the NoM and consider resourcing for such measures. Implications: There would be an increase in resources required to implement additional measures that are not part of the existing strategic bushfire mitigation program. Failure to adequately resource such a program could result in significant dilution of effort and outcome.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 93

Background On 26 November 2019 Council resolved, via a Notice of Motion (MIN19.863), to: 1. Put in place an action plan to reduce the fuel load in all bush lands located on Council managed lands in the Shoalhaven City area to keep fuel loads at a safe level. a. The fuel load reduction be undertaken by mechanical, chemical and controlled burning, whichever is determined to be the most appropriate. b. The action plan be prepared in consultation with the NSW Rural Fire Service (RFS), and other agencies when Council manages land under their control. c. When controlled burning is undertaken it should as far as practical be timed to coincide with the late Autumn early Winter period to minimise the impact on native fauna. 2. Council make representation to the NSW State Government to have the relevant Legislation amended to empower Councils to issue an order on the RFS to serve an order under their powers to have a property owner/manager to reduce a fire hazard

where the fuel load is estimated to exceed a safe level. The authority of the RFS to impose a hazard reduction order be expanded to include land under the control or management of other NSW Government Agencies. 3. As part of the above process Council request the NSW Rural Fire Service Commissioner Shane Fitzsimmons to audit the Shoalhaven Bushfire Risk Management Plan.

Letters have been sent to the Hon. David Elliott MP, the Minister for Police & Emergency SA20.19 Services and the Commissioner of the NSW Rural Fire Service, Shane Fitzsimmons, as directed in items 2 and 3 above. The following addresses items listed in the NoM for part 1 a, b & c of the resolution, in relation to fuel reduction in bushland areas.

Request for an action plan to be implemented, to reduce the fuel load in all bush lands located on Council managed lands in the Shoalhaven City area to keep fuel loads at a safe level. Council land accounts for 1% of the Shoalhaven land mass; this includes sportsgrounds, parks, natural areas and operational land as well as crown land under Council’s management. A valuable aspect of Council’s bushland reserves is their role as habitat areas for wildlife which is dependent on these areas being kept as close to natural condition as possible. The cost to implement a program to reduce, and then maintain, fuel loads in all bushland reserves to a higher level than currently undertaken, could be considerable and may be at odds with land management objectives identified by the Local Government and the Crown Lands Acts. These issues would need to be assessed having regard to the level of any further management that may be proposed, noting that current risk management is balanced with other necessary land management outcomes by utilising strategic and targeted actions. Council’s adopted Generic Community Lands Plans of Management – Sportsgrounds, General Community Use, Parks and Natural Areas each contain the following paragraphs under the heading Bushfire Management: Council has a responsibility under the Rural Fires Act, 1997 to ‘prevent the occurrence of bushfires on, and to minimise the danger of the spread of bushfires on and from any land vested in or under its control and management’. Additionally, significant natural areas may need protection from wildfire.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 94

Bushfire management in the Shoalhaven is undertaken according to the Bushfire Risk Management Plan adopted by the Shoalhaven District Bush Fire Management Committee in August 2010. Generally, bushfire mitigation activities are undertaken on land mapped as Bushfire Prone, although consideration is given to sites that are not mapped as Bushfire Prone but have a history of ignitions. Council’s extensive bushfire mitigation program establishes and maintains firebreaks and Asset Protection Zones on Council managed land to provide a measure of protection to adjacent private assets. These activities are certified under the Bushfire Environmental Assessment Code. Council does not generally allow maintenance of these zones by members of the public. Council’s Annual Bushfire Mitigation Program’s work sites are available on the SCC Website via the following link: https://shoalhaven.nsw.gov.au/Environment/Bushfire-management Permission to establish Asset Protection Zones for adjoining freehold development on public land will only be granted in exceptional cases, such as proposals involving infill

developments or additions to existing developments where no other options are

available. Any proposal to establish Asset Protection for new freehold subdivisions on adjoining public land will not be supported. Residual risk in the landscape is discussed in the Shoalhaven District Bushfire Risk Management Plan (SDBRMP) as follows: No organisation has limitless resources to deal with adverse risk. It is therefore

necessary to define priorities. The bush fire risk ratings determined were used to SA20.19 prioritise the risk treatments…Risks below a certain level were assessed as not requiring treatment within the life of this plan. This is due to a combination of risk priority and capacity to undertake the works. Within the Shoalhaven BFMC area the level of acceptability is HIGH. Areas of high, medium or low risk are likely to be managed by routine procedures and so generally have not been allocated a specific application of resources. It is the expectation of the Shoalhaven BFMC that community contribution regarding individual application of resources will include owner/occupiers of structural assets mapped in this plan within Asset Polygons to inspect and maintain their properties to comply with the document RFS Standards for Asset protection Zones and construct/maintain their asset to increase the inherent property resilience against bushfire impact even where the current risk is assessed as low, medium or high.

Existing Bushfire Mitigation Program Council’s Annual Bushfire Mitigation Program is guided by the SDBRMP, prepared by the Shoalhaven Bushfire Management Committee (BFMC). Each BFMC must, in accordance with Part 3 Division 4 of the Rural Fires Act 1997 (RF Act), prepare (or review) a Plan of Operations every two (2) years and a Bushfire Risk Management Plan every five (5) years. Bushfire Risk Management Plans are strategic documents that assess and measure a number of parameters (types of assets, consequences should a fire occur and likelihood of a fire impacting) to arrive at a risk rating for each asset identified as important to the community. Treatments are then developed to mitigate the risk over the life of the plan. Annual works programs are identified as an Asset Specific Treatment in the Shoalhaven BFRMP. Developing the risk rating for Assets Potential fire behaviour models using vegetation type, slope and separation distance are used to produce threat ratings for each asset type:

Strategy and Assets Committee – Tuesday 11 February 2020 Page 95

o Human settlement o Economic o Environmental o Cultural The vulnerability of each of these assets is then assessed to arrive at a consequence rating of a bushfire impacting on those assets. Different measurements are used for each asset type such as the inherent vulnerability of the elderly, infirm & tourists and the cost and difficulty of recovery for economic assets. Fire history, ignition causes and patterns, fire paths, access, containment potential, fire run length and patch size (size of vegetated areas) are used to assign a likelihood rating for each asset. The consequence and likelihood ratings of each asset are then used to identify the level of risk for each asset. The risk management subcommittee of the Bushfire Management

Committee then evaluate the risk ratings to:

o Confirm that risk levels identified in the above process are appropriate and reflect the relative seriousness of the risk. o Identify which assets require treatments; and o Identify treatment priorities.

The Treatment Register from the Shoalhaven BFRMP identifies each fire management SA20.19 strategy, sets priorities and assigns responsibility for achieving those actions which includes a timetable for implementation. See Attachment 1 for treatment strategies assigned to Council for completion from 2017- 2022. Prioritising Treatments The bushfire risk ratings are used to prioritise treatments, i.e. areas of extreme risk were considered first for treatment, then VERY HIGH, then HIGH. Risks below a certain level are assessed as not requiring treatment within the life of the plan. Within the Shoalhaven BFMC area the level of risk acceptability is HIGH. Areas of HIGH, MEDIUM or LOW risk are likely to be managed by routine procedures, such as mowing within parks and sportsgrounds, and so have not been allocated a specific treatment. It is expected that the owners/occupiers of structural assets will inspect and maintain their properties to comply with the document RFS Standards for Asset Protection Zones to provide protection zones for their assets as per the guidelines. Owners/occupiers need to also construct/maintain their asset to increase the inherent property resilience against bushfire impact even when the current risk is assessed as low, medium or high. Council managed land and prescribed burns for hazard reduction Figure 1 is an example of how the Shoalhaven BFRMP informs bushfire risk management activities. Many parcels of Council managed land are small and isolated from larger tracts of bushland; these pose a much lower bushfire risk to adjacent properties because a fire that starts within them is not likely to reach a level that will threaten dwellings. Short and interrupted fire runs reduce the ability of a fire to build to a threatening level. Where Council land has been identified as part of a Strategic Fire Advantage Zone (SFAZ) (red hatching on the map), the relevant fire authority is contacted and the planning, assessment and certification for a Prescribed Burn (PB) is prepared. The purpose of a Strategic Fire Advantage Zone (SFAZ) is to: • provide strategic areas of fire protection advantage which will reduce the speed and intensity of bushfires, and reduce the potential for spot fire development; and

Strategy and Assets Committee – Tuesday 11 February 2020 Page 96

• aid containment of wildfires to existing management boundaries. A proposed PB is prioritised against others proposed throughout the district and is undertaken when the resources and conditions align. PBs on Council land are generally of a lower priority given that much of Council’s land is made up of small, isolated parcels of bushland that pose a lower bushfire risk than continuous areas of bushland. Some burns are done in conjunction with neighbouring agencies; for example, in the map at figure 1, the Council-managed Crown land included in the SFAZ north of the urban area, was included in the PB undertaken by NPWS who manage the land to the west. Bushfire Protection for Existing Development A new Asset Protection Zone assessment tool developed by the RFS uses vegetation type and slope data, along with individually mapped dwellings and distances between the asset (dwelling) and the hazard (bush) to calculate the width required for each individual APZ. This allows staff to assess the appropriate width of the APZ for houses developed prior to the August 2002 adoption of Planning for Bushfire Protection. Developments post August 2002 on Bushfire Prone Land have been assessed against the requirements of Planning for

Bushfire Protection, with the required bushfire protection measures built into the development. The results of these assessments are being used by staff to ensure the APZs for private properties that are shared with Council are the calculated widths as nominated by the RFS tool. Where it is not possible to undertake vegetation clearing or tree removal, guidelines for the use of alternative risk management approaches are provided in the guidelines for using the SA20.19 Bushfire Protection for Existing Development tool. This scenario applies when steep slopes and Threatened Ecological Communities are present. Alternative approaches include providing the resident with a targeted community engagement activity, such as a property inspection to provide specific and tailored advice on: • Undertaking upgrades to the dwelling to protect against ember attack. • Preparing their property to reduce the impacts of bushfire; and • The preparation of their Bushfire Survival Plan. Where these strategies fail to lower the risk, a prescribed burn proposal should be developed and submitted to the BFMC for inclusion in the annual works or contingency plan.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 97

SA20.19

Figure 1: Fire Zones identified in the Shoalhaven Bush Fire Risk Management Plan overlain on Council-managed land – section of North Nowra south of Bomaderry Regional Park.

Audit and Review of existing APZs On 29 October 2019, a report was provided to the Group Directors Meeting regarding Council’s Annual Bushfire Mitigation Program, requesting additional resources to review and enhance the existing Annual Bushfire Mitigation Program as there was concern that results from the Bushfire Assessment for Existing Development assessments indicated the width of some of Council’s APZs needed to be extended to maintain compliance with RFS standards. It was clear that existing resources, both staff and financial, were inadequate to meet this shortfall so the issue was raised with the senior executive. The report set out recommended actions that were to be implemented immediately to improve protection to life and property and meet Council’s risk management obligations to the community. The meeting resolved to support the additional audit and review program. Using the additional resources, it has been possible to audit all the existing APZs and run Bushfire Assessment for Existing Development assessments for all the northern and central sites and the majority of the southern sites. The results of the assessments to date, are as follows: Area No of sites on Total No Assessments No. of sites identified schedule completed for potential works Northern 59 146 12 Central 52 171 24

Strategy and Assets Committee – Tuesday 11 February 2020 Page 98

Southern 44 59 (still in progress) 2

Staff have begun implementing works on the sites as required. Once the audits and assessments of sites that are already included on Council’s Annual Bushfire Mitigation Program have been completed and works are underway, other areas of lower risk will then be assessed.

Community Engagement The Shoalhaven BFRMP was reviewed in 2019 and was the subject of a Community Participation Strategy. The Community Participation Strategy included several engagement tools such as public meetings, drop-in opportunities at public functions as well as key stakeholder engagement. See Appendix 1 of the Shoalhaven BFRMP. Neighbours of sites where works are proposed are being advised of works and provided with information about preparing their property for bushfire.

Policy Implications Council is required to ensure that it meets its obligations and commitments, as per the Shoalhaven District Bushfire Risk Management Plan, as legislated by the NSW Rural Fire Service Act 1997.

Council may require the development of an alternative bushfire risk management plan and SA20.19 policy beyond those legislative requirements.

Financial Implications An extra $108,000 was added to the annual Hazard Reduction budget to fast-track the assessment, expansion and implementation of the Council’s Bushfire Mitigation Program. The cost to develop and implement a bushfire mitigation program on all Council bushland regardless of risk level as identified in the Shoalhaven BFRMP has not been calculated however it would require a substantial increase in resources on an annual basis.

Conclusion The above methodology is consistent across Local Government Areas in NSW and would be considered best practice with the principle objective being community safety. Council staff are currently undertaking audits and upgrading works of existing protection zones to ensure that such zones comply with relevant safety requirements and current standards. Council may wish to consider the definition of “safe fuel loads” as contained in the NoM at the completion of these works or provide clarification as to what additional measures they require to be undertaken at this time along with associated resourcing.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 99

Attachment 1

- SA20.19

Strategy and Assets Committee – Tuesday 11 February 2020 Page 100

Attachment 1

- SA20.19

Strategy and Assets Committee – Tuesday 11 February 2020 Page 101

Attachment 1

- SA20.19

Strategy and Assets Committee – Tuesday 11 February 2020 Page 102

Attachment 1

- SA20.19

Strategy and Assets Committee – Tuesday 11 February 2020 Page 103

Attachment 1

-

SA20.19

Strategy and Assets Committee – Tuesday 11 February 2020 Page 104

Attachment 1

-

SA20.19

Strategy and Assets Committee – Tuesday 11 February 2020 Page 105

Attachment 1

-

SA20.19

Strategy and Assets Committee – Tuesday 11 February 2020 Page 106

Attachment 1

-

SA20.19

Strategy and Assets Committee – Tuesday 11 February 2020 Page 107

Attachment 1

-

SA20.19

Strategy and Assets Committee – Tuesday 11 February 2020 Page 108

Attachment 1

- SA20.19

Strategy and Assets Committee – Tuesday 11 February 2020 Page 109

SA20.20 Collingwood Beach - Action Plan Progress Report

HPERM Ref: D19/449834

Section: Environmental Services Approver: Phil Costello, Director Planning Environment & Development Group

Attachments: 1. Shoalhaven Tree and Vegetation Vandalism Prevention Policy ⇩ 2. Final Arborist Report (under separate cover) ⇨

Reason for Report To provide Councillors with a 6-monthly progress update on implementation of the

Collingwood Beach Dune Vegetation Two-Year Trial Action Plan.

Recommendation (Item to be determined under delegated authority) That Council 1. Receive the report on the progress of the Collingwood Beach Dune Vegetation Two- Year Trial Action Plan for information.

2. Provide additional funds to implement the Collingwood Beach Dune Vegetation Two- SA20.20 Year Action Plan and the Shoalhaven Tree and Vegetation Vandalism Prevention Policy in 2019/2020.

Options 1. Council receive the report for information. Implications: Nil. The Action Plan continues as scheduled.

2. Choose an alternative recommendation. Implications: This would depend on the alternative recommendation and may delay progress of the implementation of the Action Plan.

Background On 14 August 2018, Council’s Development Committee resolved the following (MIN18.607): That Council endorse the Draft Collingwood Beach Dune Vegetation two-year trial Action Plan to enable implementation of the actions contained within the Plan. Section 6, Communication Strategy, of the adopted Action Plan (the Plan) requires 6-monthly progress reports to Council. The final report will be available on December 2020, after the 2- year trial period has been completed. The Plan provides a framework for the restoration and future management of the Collingwood Beach dune vegetation system using two trial study sites. The purpose is to achieve a positive outcome in terms of protecting the health and resilience of the dune system, as per the NSW Coastal Management Act 2016, whilst also meeting the desires and expectations of the community and other key stakeholders.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 110

The Collingwood Beach Dune Vegetation Action Plan – Two Year Trial Plan (D18/59947) can be viewed on Council’s website at: https://shoalhaven.nsw.gov.au/Environment/Collingwood-Beach

Table 1. Progress of Collingwood Beach Action plan to date

Action Progress Timeline for completion Pruning works undertaken at trial site and cut wood felled throughout 100% Completed foreshore reserve. Pruning site fencing works 100% Completed Install seating at both trial sites 100% Completed Install viewing platform at revegetation Completed 100% site with access ramp Community and school planting days. Completed 100%

Planting of trial site. Drone footage of trial sites Incomplete.

December 2019 fire threats created a RESTRICTED AIR SPACE across the Shoalhaven during December & January, delaying the use of the drone for overhead photography. SA20.20

Photography will be undertaken for this reporting period as soon as possible.

Vegetation Vandalism Strategy Completed presented to Council The Shoalhaven Tree and Vegetation 100% Vandalism Prevention Policy (POL19/44) was adopted by Council on 5/11/2019 (MIN19.815).

CCTV research undertaken and Completed (MIN19.109) and resolved – presented to Councillors Council not to install surveillance 100% cameras along Collingwood Beach.

Collingwood Beach ‘Get Involved’ page 100% Completed (community engagement) Monitoring of revegetation site Ongoing for 2 years (length of trial). Monitoring undertaken in Aug 2018, Feb 2019, and Aug 2019. Next monitoring due Feb 2020. Four planted shade trees severely affected by drought conditions. Leaves partially withered and browned – minimal 50% growth during this period.

3 monthly inspections of planted specimens has identified gradual plant loss that have significantly increased in this period due to on-going drought conditions and extreme weather events.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 111

Weed monitoring Monitoring for this reporting period was undertaken in October and January 2020. 50%

Ongoing for 2 years (length of trial)

Photo monitoring of both trial sites Monitoring for this reporting period was undertaken in October 2019 and January 2020.

Photo records can be found in: 50% D20/6547 Revegetation trial site. D20/6547 Pruning trial site

Ongoing for 2 years (length of trial)

Poster/signage program for community Finalised poster for community appreciation of native vegetation to be appreciation is provided in the implemented citywide Shoalhaven Tree and Vegetation 100% Vandalism Prevention Policy (POL19/44).

Project management Ongoing

Internal costs and charges (wages, SA20.20 Ongoing stores, fleet inventory, miscellaneous)

Monitoring Data Council’s Staff have undertaken the following monitoring actions: Pictorial records of Trial site 1 and 2. • Plant species monitoring • Survival of planted specimens • Record of vandalism • Condition of pruned vegetation • Weed diversity Monitoring data can be found in D19/104095.

Community Engagement Council’s Staff have undertaken the following community engagement actions below: 1. Natural area volunteers committed a total of 132 hours work between June 2019 and January 2020 working along Collingwood Beach north of Susan St. 2. Public exhibition of the draft Shoalhaven Tree and Vegetation Vandalism Prevention Policy prior to adoption by Council. 3. Ongoing updates of the ‘Get Involved’ project page on Council’s website to inform the public and interest groups of updates to the project. This platform allows individuals to subscribe for project updates, ask questions and report vandalism at Collingwood Beach. 4. Formation of a Collingwood Beach Dunecare group.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 112

Table 2: Communication Strategy Action Strategy Develop a strong engagement and communication strategy with Incorporate multi-media, information displays and identified stakeholders including a signage and/or presentations. program of public consultation and education throughout trial period Implementation Status Letter contact and Completed invitation to owners of Meet with adjacent property owners properties adjacent to trial sites to meet with Councillors and staff. Liaised with SCC website February 2019 and ongoing developers. Completed a ‘Get Involved’ project page on Council’s website to inform the public Website and Facebook updates to and interest groups of Vincentia and Huskisson updates to the project. This communities platform allows individuals to subscribe for project

updates, ask questions and SA20.20 report vandalism at Collingwood Beach. Shoalhaven Tree and Vegetation Vandalism Display information Prevention Policy posters at local shopping Information posters in local villages (POL19/44) information centres and notice posters to be printed and boards. distributed in early 2020.

Encourage the local Completed Erect explanatory signs at trial sites community to take ownership of the plan. Inclusion of local schools Completed liaised with property owners and contact high profile promotional Planting day person/s for event (‘Wombat’ from ‘The Block’) with assistance from SCC media team. 6-month reporting period. November 2018, June 2019 Final report to be and February 2020. Progress Report to Council available in Dec 2020 after the 2-year trial Ongoing until December period has expired. 2020.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 113

An evaluation of Plan actions implemented to date is provided in Table 3. Table 3: Evaluation

Success Measure Status The first pruning of Banksia trees occurred within Trial Site 2 on 27 September 2018. The second pruning of Banksia trees and shrubs to provide specific ‘view windows’ as specified in the Arborist Brief Ref# 3850 occurred on 12 December 2019. The pruning consisted of selective height reduction and pruning of sides that Assessment by arborist at 6 Pruned Banksias in good impede the view windows. monthly intervals and prior to health Pruning of any shrub did not pruning. exceed 25% of the crown mass. The follow up 6 monthly

Arborist report (Ref#D3990) SA20.20 concluded that the overall effect of the pruning has not compromised any trees and no epicormic growth has formed as a result of the pruning. Before and after photos have been included in the attached Arborist report (Ref#D3990). ~40%. Continuing drought conditions and recent Percentage of survival of planted Surviving plant specimens extreme weather events have specimens. severely affected survival rate of planted specimens. Number and opinion of On-going. Yet to be Positive social response unsolicited posts, letters, etc. completed Weed species numbers and density per species have decreased, except buffalo grass in the Pruning Trial Number of weed vs native Site, which has maintained species. weed density across the site. Plant diversity

Decrease in Revegetation Trial Site due to Bushcare group maintenance activities within the site.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 114

Within revegetation trial site seedlings total 4 only, since Dec 2018 to present. November 2019 *root suckers count is 104 in revegetation trial site. *Vandalism of banksias results in significant regrowth of banksias via root suckering. Three 20m by 20m quadrats of native spp. undertaken on 5 December 2019. Data to be compiled by GIS unit and still pending at time this report was due, however

preliminary results indicate that Banksia integrifolia is not the dominate species in the quadrats. Total cost $6889 to date, excluding final invoice for

second pruning event. The SA20.20 Cost effectiveness of view invoice for the supervision of Filtered views window maintenance - time and the second banksia and money spent. shrub pruning is still pending at the time this report was due. Percentage of known vandalism There has been evidence of decreasing over time across trial four vandalism events within sites. revegetation trial site during this reporting period.

This is the SIXTH vandalism event within the revegetation Decreased vandalism on zone from a total of NINE trial sites: known incidents along the foreshore reserve north of - A control site in Susan St. Vincentia will be chosen for Photos of vandalism in TRIM comparison D20/14530

SIX of the vandalism sites have occurred where vandalism signs have been removed (in accordance with a Council directive as part of the trial project). Acceptance by the Community survey to be To be conducted November community of the outcome undertaken (web-based). 2020 of the trial

Strategy and Assets Committee – Tuesday 11 February 2020 Page 115

Policy Implications The Shoalhaven Tree and Vegetation Vandalism Prevention Policy has been adopted, as recommended by the Council resolution (MIN17.974). The Shoalhaven Foreshore Reserve Policy will be updated and show the links between Council’s policies that relate the management of trees and vegetation, also Council’s Compliance Policy.

Financial Implications Council allocated a budget of $99,296 (Job number: 15857) in 2018/19 to fund implementation of the Collingwood Beach Dune Vegetation 2-year Trial Action Plan. Most actions within the Plan have been implemented, with ongoing monitoring (including arborist assessment of trial pruning site), weed management and replacement failed plantings where required to be carried out throughout the two-year trial. The remaining funds of $20,548 from Job number 15857 were carried forward to the 2019/20 financial year (MIN19.372). A budget

of $2,755 currently remains.

Risk Implications There are risks in not taking action to implement the Shoalhaven Tree and Vegetation Vandalism Prevention Policy in the Shoalhaven. The vegetation vandalism occurring at Collingwood Beach is extensive and ongoing. A lack of action will likely result in further destruction to the health and resilience of the existing dune system that provides coastal SA20.20 hazard protection to public and private assets. A lack of action from Council may also be seen by the community as ‘doing nothing’ in terms of implementing Council’s previous resolutions to adopt a robust policy/strategy and addressing the many community submissions Council has received in recent years requesting that vegetation vandalism occurring at Collingwood Beach and other hotspots across the Shoalhaven be addressed.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 116

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 117

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 118

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 119

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 120

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 121

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 122

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 123

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 124

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 125

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 126

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 127

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 128

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 129

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 130

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 131

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 132

Attachment 1

-

SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 133

Attachment 1

-

SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 134

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 135

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 136

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 137

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 138

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 139

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 140

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 141

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 142

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 143

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 144

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 145

Attachment 1

- SA20.20

Strategy and Assets Committee – Tuesday 11 February 2020 Page 146

SA20.21 Request - Refund of DA Fees - CareSouth - DA17/1849 & DS19/1469

HPERM Ref: D19/448072

Section: Development Services Approver: Phil Costello, Director Planning Environment & Development Group

Attachments: 1. DA Fee Waiver Request - Lot 323 DP 1242856 - 5 Enterprise Avenue, ⇩

Reason for Report This report is to enable Council to consider a request made by CareSouth for the reimbursement of fees in relation to Development Application (DA17/1489) and Modification

Application (DS19/1469) for Lot 323 DP 1242856 – 5 Enterprise Avenue, South Nowra in accordance with Council’s Policy POL19/12 (Fees – Waiving of Development Application and Other Fees for Charitable Organisations and Community Groups).

Recommendation That:

1. Council, in accordance with Council’s Policy POL19/12, reimburse the relevant SA20.21 development application and s68 drainage fees as identified in the report for: a. DA17/1849 lodged by Cyclo Group amounting to $5,293.24 b. DS19/1469 lodged by Martin Morris & Jones Pty Ltd amounting to $1,545.40 2. Fund the reimbursement from the unallocated donations budget with an appropriate adjustment made to the donations budget at a future quarterly budget review.

Options 1. Adopt the recommendation. Implications: Council would be required to reimburse the relevant development application (DA) and s68 drainage fees paid in relation to DA17/1849 and DS19/1469. In accordance with the Policy the Council can resolve that the refund be made from an alternate source of funding.

2. Not refund the relevant application fees. Implications: All relevant fees would be retained and not refunded.

3. Alternative recommendation Implications: Council would need to specify an alternative recommendation and advise staff accordingly.

Background CareSouth is a not-for-profit organisation that provides care services for children, youth, individual families and people with disabilities in a residential and non-residential environment. CareSouth is a registered charity and has been active since 1999. On 6 July 2017, Council received DA17/1849 for the construction of a single storey commercial building and business identification sign. The development is to be utilised by

Strategy and Assets Committee – Tuesday 11 February 2020 Page 147

CareSouth as a Regional Headquarters Office. The fee paid was $5,751.24 (GST Incl.) and no fees were waived at the time of lodgement. Archiving advertising and scanning fees are not subject to Council’s Policy and will be retained. As such, the reimbursement subject to the Committee’s determination is $5,293.24. DA17/1849 was approved subject to conditions of consent on 5 January 2018. On 23 October 2019, Council received DS19/1469 for a section 4.55 (2) modification application to DA17/1849 relating to alteration to various aspects of the building. The fee paid was $1,750.40 (GST Incl.). Fees were not waived at the time of lodgement. Advertising fees are not subject to Council’s Policy and will be retained. As such, the reimbursement subject to the Committee’s determination is $1,545.40. The total amount paid is $6,838.64 (GST Incl.). The Applicant subsequently submitted a written request for the waiver of relevant DA and s68 drainage fees for both DA17/1849 and DS19/1469. Clause 2.1 POL19/12 (Fees – Waiving of Development Application and Other Fees for Charitable Organisations and Community Groups) provides the fee exemption criteria:2.1. Exemption criteria The following exemption criteria apply: a) The applicant is a non-profit organisation, such as: • a registered charity and evidence of registration as a charity has

been provided to Council; or SA20.21 • a local community or sporting group; or • a Council project of a “community” nature. b) The application does not involve any ongoing commercial or business type venture such as an event, nursing home, childcare centre, educational establishment, registered club, etc. whether or not they meet the exemption criteria in clause 2.1(a). CareSouth is a registered not for profit charity organisation and evidence has been provided of CareSouth’s registrations with the Australian Charities and Not-for-profit Commission (ACNC). The development is for an administration office for the organisation and it is considered that the use does not involve any ongoing commercial or business type venture of a similar nature as identified in 2.1b) above. Clause 2.4 and 2.5 of POL19/12 states as follows:2.4. Reimbursement of fees for DAs If a reimbursement of the fees is sought, a written request outlining the grounds for reimbursement must be submitted. The matter will then be referred to Council’s Strategy and Assets Committee for consideration by Council. Any donations by way of whole or partial reimbursement determined by the Council will be paid out of the “unallocated donations” budget or a source identified in Council’s resolution. 2.5. Waiver for applications under S68 of the LG Act 1993 2.5.1. Sewage management facility applications For sewage management facility applications, applicants/ organisations who meet the exemption criteria in clause 2.1, may seek to waive the fee for such applications. The reimbursement of DA and waiver of Section 68 drainage fees is in accordance with clause 2.4 and 2.5 of POL19/12. The Applicant has advised that at the time of assessment of DA17/1849, the organisation was not aware of Council’s fee waiver policy for charitable organisations and community

Strategy and Assets Committee – Tuesday 11 February 2020 Page 148 groups and as such are now requesting reimbursement of DA and Section 68 drainage fees at this time.

Community Engagement Nil.

Policy Implications It is unlikely that the adoption of the recommendation of this report will have any substantial policy implications.

Financial Implications Council’s support of the requests would require reimbursement of fees amounting to a total of $6,838.64 from the unallocated donations budget or another source identified in Council’s resolution. The Policy allows the Council to identify an alternate source of funding by resolution. The Unallocated Donations budget for the 2019-2020 financial year has now been fully expended.

Risk Implications SA20.21 There are no inherent risks associated with the adoption of the recommendation of this report.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 149

Attachment 1

- SA20.21

Strategy and Assets Committee – Tuesday 11 February 2020 Page 150

Attachment 1

- SA20.21

Strategy and Assets Committee – Tuesday 11 February 2020 Page 151

Attachment 1

- SA20.21

Strategy and Assets Committee – Tuesday 11 February 2020 Page 152

SA20.22 Drought/Fire Impact on Shoalhaven Water Supplies

HPERM Ref: D20/21804

Approver: Stephen Dunshea, Chief Executive Officer

Reason for Report This Report informs Council of the current water supply situation in Shoalhaven regarding dam levels and the impact on water usage as a result of the ongoing drought and the devastating Currowan/ fires. The emergency situation necessitated a deviation from Council’s Drought Management Plan. This Report outlines the details of the deviation and the reasons for same.

The Report also informs Council of the impending implementation of Level 2 Water

Restrictions, should significant rain not be received prior to 24 February 2020. The CEO, under delegation from Council (Council Minute 98.184), has authority to impose and lift water restrictions.

Recommendation (Item to be determined under delegated authority)

That Council note: SA20.22 1. The current water supply situation in Shoalhaven following the recent fires and the ongoing drought. 2. The need for staff to deviate from the normal requirements of the Drought Management Plan due to the emergency fire situation. 3. The proposed strategy to implement Level 2 Water Restrictions from Monday 24 February 2020, should no significant rainfall be received and the outlook for rain remains poor.

Options 1. Council can request further information on any of the matters raised in this Report. Implications: Dependent upon any request.

Background

Shoalhaven City Council implemented Level 1 water restrictions from 23 September 2019 (refer Report to Development & Environment Committee, 3 September 2019), in accordance with its Drought Management Plan. This was a result of the following series of events: • The total flow into Tallowa Dam dropping to below 90 Megalitres per day (ML/d), • Pumping ceasing from the Shoalhaven River, • Bamarang Dam being drawn down to 60% of capacity and, • The first release from Danjera Dam to the Shoalhaven River (trigger for Level 1 restrictions).

Strategy and Assets Committee – Tuesday 11 February 2020 Page 153

The first release from Danjera Dam was intended (per the DMP) to cease when Bamarang Dam was pumped back up to 100% capacity. Due to the proximity of the Currowan fire front to Danjera Dam on 23 December 2019, staff made the decision to close the release valve at Danjera Dam (when Bamarang Dam was at approximately 72% of capacity). This risk mitigation decision was made as it was feared that staff may not be able to safely access the dam site for a considerable period due to the fire. At this time Danjera Dam was at 42% of capacity. Council is required to maintain at least 30% of capacity in Danjera for ecological reasons. So had staff not been able to access the dam for an extended period there was a high risk the dam would have drained to well below the 30% of capacity threshold. WaterNSW were consulted at the time and they agreed, due to the emergency situation, to release water from Tallowa Dam so Shoalhaven could resume pumping from Burrier to top up Bamarang Dam. The current capacities of Shoalhaven owned Dams are as follows: • Porters Creek Dam – 52%

• Danjera Dam – 40%

• Bamarang Dam – 83% Overall Shoalhaven Dams’ storage capacity at 28 January 2020 was 53.5%. Tallowa Dam was down 3.5m from spill level at the same date. The flow into Tallowa Dam was 16 ML/day. Rainfall in January was isolated and made very little impression on catchment flows and dam levels. Given the current level in Danjera Dam (40% of capacity) it is not proposed to revert back to SA20.22 releases from Danjera until it is replenished significantly; WaterNSW have also been consulted in this regard and concur with this approach.

Water Usage Comparison to the Same Period Last Year The recent fires have had a significant impact on water usage in the Shoalhaven. The following graph shows the comparison of potable water produced for the most recent November, December, January versus the same period 12 months ago.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 154

At this stage staff cannot estimate the volume of potable water used by fire fighters (unmetered) as all water meters have not been read for the November, December, January period. Once this activity has been completed the estimate will be based on the following formula; Potable Water used by Fire Fighters = Total water produced – Total metered water used.

Proposed Level 2 Water Restrictions As described above, the Currowan Fire has forced Council to alter its normal adherence to the Drought Management Plan. However, with the immediate threat of the Currowan Fire now passed, it is appropriate to impose Level 2 Water Restrictions in an effort to reduce water usage in Shoalhaven, following a period of greater than normal use. Prior to the fire threat (and discounting any significant rainfall), staff had predicted Level 2 Water Restrictions would be implemented around 3 February 2020. Essentially, Level 2 restrictions impose the same requirements as Level 1; however, those allowable external water use activities are restricted to 6am–8am and 6pm–8pm daily. Council’s Water Restriction Level requirements are shown in the Table below, and these apply to all customers across the Shoalhaven.

SA20.22

Strategy and Assets Committee – Tuesday 11 February 2020 Page 155

SA20.22

Community Engagement Prior to the implementation of Level 2 Water Restrictions the Council must publish a Notice in a local newspaper. This will be undertaken in the weeks leading up to 24 February 2020.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 156

Water restrictions are advertised using media, social media and public notices. Some media interviews concerning the local water supply have commenced and daily updates are provided on Shoalhaven Water’s website. In addition, a general awareness campaign is being provided with “inserts” contained with water accounts.

Policy Implications Council generally operates its Water Restrictions implementation through its Drought Management Plan. The recent fires have resulted in the need to vary from the requirements of Drought Management Plan due to Danjera Dam being temporarily inaccessible. Temporary loss of power to Burrier pumping station also impacted on Council’s ability to continue to pump raw water from Shoalhaven River to Bamarang Dam. It is now proposed to implement Level 2 restrictions from the next time Bamarang Dam is expected to be pumped to 100% capacity (approximately 24 February 2020).

Financial Implications During the fire event a considerable amount of additional water was used by residents protecting properties and authorities battling the fires. The full impact to Council’s water fund will not be known for some time as detailed assessments continue.

SA20.22

Strategy and Assets Committee – Tuesday 11 February 2020 Page 157

SA20.23 Bushfire Recovery - Water Accounts

HPERM Ref: D20/23978

Section: Water Customer & Business Services Approver: Robert Horner, Acting Director Shoalhaven Water

Reason for Report This Report provides Council with details of a proposal to provide financial relief/assistance for water account customers of Shoalhaven Water most impacted by the bushfires within the Shoalhaven City Council Local Government Area.

Recommendation

That Council:

1. Waive all Water & Sewer Account charges for the quarter for all properties where the NSW Rural Fire Service (RFS) have identified damaged or destroyed property. The applicable quarter is that in which the destruction/damage occurred. 2. Endorse changes to debt recovery processes on outstanding Water and Sundry Accounts for potentially affected properties as follows:

a. Suspend all debt recovery actions until the full building impact assessments have SA20.23 been completed. b. Once impact assessments are complete; i. those properties identified as damaged or destroyed will continue to have debt recovery actions suspended until 30 June 2021. ii. those properties confirmed as not having sustained damaged or destroyed property will resume usual debt recovery processes. 3. Council continue to pursue government relief funds/grants to further assist water customers impacted by the fires.

Options 1. Resolve to endorse the proposed financial relief measures. Implications: This would enable financial relief to be focused early on those most affected by the bushfires, whilst also providing avenues of support to those who have been impacted in some way.

2. Resolve to endorse modified financial relief measures. Implications: Dependent on the alternative proposal(s) put forward.

Background The Currowan bushfire burnt over 312,000 hectares and has impacted on many Shoalhaven communities and businesses. As of 15 January 2020, RFS classified 2,947 properties as potentially affected by the bushfires and this information is subject to regular updating. Through building impact assessment teams, the RFS continues to identify properties that were destroyed or damaged by the bushfires and is at an estimated 85% completion at the time of writing this Report.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 158

Of these properties the following summarises those who are Shoalhaven Water customers and have had confirmed damaged or destroyed property: • 105 residential buildings destroyed • 53 outbuildings destroyed • 41 residential buildings damaged • 16 outbuildings damaged On 20 January 2020, Council resolved to support a range of financial relief measures for Rates customers (MIN20.8). This report presents an opportunity to provide assistance to Shoalhaven Water customers who have been impacted by the fires. With an emphasis on those customers whose properties have been identified as damaged and destroyed, the financial relief proposal consists of: • Waiving of Quarterly Water & Sewer Account Charges

• Suspension of debt recovery actions

• Utilisation of existing financial relief framework – water usage charges The proposed waiving of quarterly charges and suspension of debt recovery actions are aimed at assisting the owners of those properties that are classified by the RFS as affected by the bushfires. Shoalhaven Water has an existing framework of financial relief arrangements available to customers who have experienced increased water consumption due to property protection SA20.23 efforts leading up to and during the bushfire event. Proposed financial relief is similar to the measures implemented by other bushfire affected councils in NSW during preceding and current bushfire events.

Account Generation Shoalhaven Water read water meters on an ongoing basis, progressing week by week through all Towns/Villages to produce a bill for all users approximately every 90 days. In line with usual Christmas shutdown, meter readings ceased in early December 2019 and resumed in early January 2020. Under usual circumstances, once meters are read accounts are issued within 14 days. Whilst the RFS continued to undertake building impact assessments, the issue of water accounts was delayed until potentially impacted properties were known. At the time of writing this report, RFS have confirmed the extent of potentially impacted properties. With this extent known, all properties who have had meters read and have not sustained damage or destruction to property, will commence receiving their accounts from 31 January 2020. At the time of writing this report, no accounts relating to water used from 6 December 2019 to 20 January 2020 have been issued.

Quarterly Water Account Charges – Waiver Proposal In line with other councils’ approach to fire assistance measures, it is proposed that all water and sewer charges (including usage charges) for the current Quarter be waived for properties which have been deemed as damaged or destroyed. The applicable quarter is that in which the destruction/damage occurred. Usage charges have been estimated to reflect the average daily consumption per connection. In many instances, meters have been burnt and damaged and exact usage readings are not possible.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 159

Table 1 – Damaged or Destroyed Properties – Quarterly Water & Sewer Charges Count Availability ($) Usage ($) Avail + Usage ($) Destroyed 154 $26,361 $25,890 $52,251

Damaged 70 $9,788 $14,285 $24,073

TOTAL 224 $36,149 $40,175 $76,324

It is estimated that once all building impact assessments are complete, the value of the waiver of Third Quarter Water & Sewer charges for owners who have property damage or destruction could be in the order of $100,000.

Suspension of Debt Recovery Actions

It is proposed that recovery action on outstanding water and sundry accounts (e.g. effluent, backflow, liquid trade waste) be suspended for all accounts until such time as the RFS impact assessments have been completed. Once identified as having a damaged or destroyed structure, debt recovery actions will be suspended until 30 June 2021. Properties cleared of damage will have recovery actions resumed upon the completion of the RFS impact assessments.

Debt recovery actions are defined as: SA20.23 • Final Reminder Letters • Registered Flow Restrictor Letters • Legal Action Notices (water accounts with no meters, availability charges only) • Referral to and actions currently with Executive Collections (external debt recovery agent) The issue of accounts and reminder letters are not deemed to be recovery actions and will resume week ending 31 January 2020.

Increased Water Usage – Fire Protection Efforts Council has received numerous representations from customers concerned about the potential cost of additional water used to help protect their properties from threat of fire. The water usage charge for Shoalhaven customers is $1.70 per 1,000L of water. Under usual water pressure conditions, the average garden tap can supply approximately 1,000L per hour. At a time of underlying drought conditions, to understand the increased consumption behaviour across the Council area that may be attributed to firefighting efforts, the following is an analysis of consumption compared to the corresponding quarter of the previous year: The following towns/villages have had their meter readings completed since 6 January 2020: • Sussex Inlet • Shoalhaven Heads • Berry

Strategy and Assets Committee – Tuesday 11 February 2020 Page 160

Quarterly Consumption Comparison: 2018/19 vs 2019/20 Table 2 Consumption behaviour – all properties Sussex Shoalhaven Berry by town/village. Inlet Heads No. Accounts 1316 1741 1086 2019 Ave. use (kL) 48.81 38.45 65.88 2020 Ave use (kL) 53.08 48.75 94.51 2019 Ave. usage charges ($) $82.98 $65.37 $111.99 2020 Ave. usage charges ($) $90.23 $82.87 $160.67 Ave increase in usage costs $7.25 $17.50 $48.68

Noting that many properties did not have an increase in use, the following focuses on those properties who did increase their use. Table 3 Consumption behaviour – only those Sussex Shoalhaven Berry with an increase in usage. Inlet Heads No. Accounts with an increase in 745 1039 701 usage SA20.23 % Properties with an increase in use 57% 60% 65% Ave increase in usage (kL) 24.26 22.86 57.91 Cost of Ave increase in usage ($) $41.24 $38.86 $98.44 % Properties with an increase >$20 29% 41% 47%

According to RFS mapping, of the above 3 towns/villages, only Sussex Inlet was potentially impacted, yet their average consumption was only 4.33kL greater than Shoalhaven Heads, which was unaffected by fire. Berry was not within the potentially fire affected areas and experienced a significant increase in consumption that is considered better attributed to the continuing drought conditions and not to fire protection efforts.

Water Usage Charges – Existing Financial Relief Arrangements In considering how to support customers who used more water to prepare for or directly fight fires, it is important to understand that there is no clear methodology to determine which customers throughout the Council area were actually at risk of ember attack or direct spread of fire and used additional water to protect their homes. It is estimated that the cost of preparing property for or fighting of fire, by using water from an average garden tap, costs $1.70 per hour of continuous use (equivalent to 1000 litres). With other funding assistance options by State and Federal agencies, and with an existing financial support framework, Shoalhaven Water do not propose to offer any additional subsidy for water usage at this stage. For those customers who may have used more water due to fire-fighting efforts, the following financial relief options are currently available.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 161

• Flexible Payment Arrangements Customers are encouraged to contact Shoalhaven Water should there be difficulty paying an account on time. Options include arranging to pay account balances by instalments or by requesting to defer payments over a period of time. Payment plans can be tailored to factor in current and future water charges. This option may suit those who have the ability to pay their accounts, but perhaps not all at the time it is due. • Payment Assistance Scheme (PAS) – Water Usage Charges Financial assistance for water usage is an existing service of Shoalhaven Water. PAS is issued through community agencies, is solely funded by Shoalhaven Water and is provided to property owners and residential tenants. Customers are directed to visit any one of nine community agencies who issue vouchers (at $25.00 per voucher) which can then be applied to the water usage component of a water bill. Vouchers are not transferrable nor able to be redeemed for cash.

This option may suit customers who do not have the ability to pay their account, regardless of extensions of time. The annual budget for PAS is $20,000. To date $5,500 of vouchers have been redeemed, meaning $14,500 currently remain in circulation to agencies. The budget to fund PAS for fire recovery assistance may need revision at next Quarterly Budget Review, depending on uptake of the vouchers.

SA20.23 Policy Implications The provision of financial assistance via the waiving of Third Quarter Water & Sewer is permissible under Part 1, Section 356 Local Government Act 1993. Public Notice of this action is not required under Part 3 (d) Section 356 Local Government Act 1993. The administration of financial assistance through PAS is as per POL16/86 – Payment Assistance Scheme – Water Accounts.

Financial Implications It is proposed that any charges waived be captured as foregone income from Council’s Water fund. Under Section 356 of the Local Government Act 1993, Council is permitted to raise the charges, then make a contribution to cover the payment of those charges included in this recovery assistance. Shoalhaven Water’s dividend to Council (FY 20/21) may be impacted by the total value of financial assistance provided under these measures.

Strategy and Assets Committee – Tuesday 11 February 2020 Page 162

LOCAL GOVERNMENT AMENDMENT (GOVERNANCE & PLANNING) ACT 2016

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. (c) Councils should consider the long term and cumulative effects of actions on future generations. (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

Strategy and Assets Committee – Tuesday 11 February 2020 Page 163

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. (c) Councils should develop activities, and prioritise actions, to work towards the strategic goals. (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.