Shoalhaven City Council

Strategy and Assets Committee

Meeting Date: Tuesday, 08 December, 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 - 10 November 2020 ...... 1 3. Declarations of Interest 4. Mayoral Minute 5. Deputations and Presentations 6. Notices of Motion / Questions on Notice Notices of Motion / Questions on Notice SA20.234 Notice of Motion - Motorsports Complex - Shoalhaven Area ...... 22 SA20.235 Notice of Motion - Financial assistance for School of Arts (Tomerong Hall) ...... 23 SA20.236 Notice of Motion - Milton Ulladulla Bypass - Support for Communities of & Lake Tabourie ...... 25 7. Committee Reports SA20.237 Report of the Nowra CBD Revitalisation Strategy Committee - 11 November 2020 ...... 27 CBD20.24 Additional Item - Proposed Establishment of an Alcohol Prohibited Area for the Laneways off Egans Lane Car Park. CBD20.23 Annual Financial Statement - Nowra CBD Promotions Budget - 2019- 2020

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8. Reports CEO SA20.238 Quarterly Progress Report - Councillors' Notices of Motion ...... 30 City Performance SA20.239 2021 Conferences ...... 32 SA20.240 Code of Conduct and Code of Conduct Procedures - Changes to Model Code to be reflected in Council Policy Documents...... 36 SA20.241 2021/22 Budget Parameters ...... 40 City Futures SA20.242 Purchase of a Property in Ulladulla ...... 48 City Services SA20.243 Request for Seed Funding - Local RFS Capital Works Program ...... 49 SA20.244 Tender - Bank Revetment Works - River Road ...... 54 SA20.245 Peak Season Preparations for known Traffic Hotspots in the Region ...... 56 SA20.246 Report - Community Fire Unit (CFU) - /// - Investigations of Options ...... 59 SA20.247 Holiday Haven - Debt Write Off - Holiday Van Occupancy Fees - Income from Coin Operated Washing Machines ...... 62 City Development SA20.248 Exhibition Outcomes - Draft Policy Fee Waivers - Ranger Services Unit ...... 63 SA20.249 South Coastal Protection cost benefit analysis and impact assessment implementation ...... 70 SA20.250 Tenders - Coastal Management Plan ...... 76 SA20.251 Reclassification of Land - Lot 1151 DP 1159783 - Larmer Avenue, ...... 79 City Lifestyles SA20.252 Shoalhaven Family Day Care - Fees and Charges - Adopted ...... 82 SA20.253 Access Areas For Dogs Policy - Summary of Investigation and Consultation - Shoalhaven Heads and / Burrill Lake ...... 87 Shoalhaven Water SA20.254 Classification of Land - Lot 101 DP 1242748...... 104 SA20.255 Acquisition of Easement - Sewer Purposes - 12 Daley Crescent ...... 107 SA20.256 2019/20 Annual Energy Review Report ...... 109

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9. Confidential Reports Reports CSA20.17 Purchase of a Property in Ulladulla Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to prejudice the effective exercise by an agency of the agency’s functions. CSA20.18 Tenders - Bank Revetment Works - River Road Shoalhaven Heads Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. CSA20.19 Holiday Haven - Holiday Van Occupancy Fees - Debt Write Off Local Government Act - Section 10A(2)(b) - Discussion in relation to the personal hardship of a resident or ratepayer. There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal an individual’s personal information or contravene an information protection principle under the Privacy and Personal Information Protection Act 1998. CSA20.20 Holiday Haven - Income from Coin Operated Washing Machines & Dryers - Debt Write Off Local Government Act - Section 10A(2)(d)(ii) - Information that would, if disclosed, confer a commercial advantage on a competitor of the council. 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. CSA20.21 Tenders - Coastal Management Plan for Lake Conjola Report and Recommendations Local Government Act - Section 10A(2)(d)(i) - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in-confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests.

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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, operational plan, and resourcing strategy 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 Chief Executive Officer; 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 Chief Executive Officer or cannot be delegated by Council; f. Provision of corporate direction to Shoalhaven Water 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 08 December 2020 Page v 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 with the following exceptions (MIN17.334): i. Those tenders required by law to be determined by full Council (MIN17.334), ii. Those tenders where the recommendation is to not accept any tender (which will be reported directly to Ordinary) (GD19.164).

Shoalhaven City Council

MINUTES OF THE STRATEGY AND ASSETS COMMITTEE

Meeting Date: Tuesday, 10 November 2020 Location: Council Chambers, City Administrative Centre, Bridge Road, Nowra Time: 5.00pm

The following members were present:

Clr John Wells - Chairperson Clr Amanda Findley Clr Joanna Gash Clr Patricia White Clr Kaye Gartner – (Remotely) left at 7.58pm Clr Nina Digiglio Clr Annette Alldrick Clr John Levett Clr Andrew Guile – (Remotely) left at 6.02pm Clr Mitchell Pakes Clr Greg Watson Clr Mark Kitchener – (Remotely) Clr Bob Proudfoot Mr Stephen Dunshea - Chief Executive Officer

Apologies / Leave of Absence

Nil

Confirmation of the Minutes RESOLVED (Clr Levett / Clr Digiglio) MIN20.817 That the Minutes of the Strategy and Assets Committee held on Tuesday 13 October 2020 be confirmed. CARRIED

Declarations of Interest Stephen Dunshea - CEO – “SA20.212 - Notice of Motion - A Study into the Feasibility of Providing Tomerong Village and Environs with a Reticulated Sewerage Scheme” – significant non pecuniary interest declaration – will leave the room and will not take part in discussion or vote – “he is a property owner and resident of Tomerong”.

Minutes Confirmed Tuesday 8 December 2020 – Chairperson ......

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Clr Pakes – “SA20.227 - Tenders – Management & Operation of Holiday Haven Swan Lake” – less than significant non pecuniary interest declaration – will remain in the room and will take part in discussion and vote – “one of the Tenderers works at the Culburra Bowling and Recreation Club of which he is a Director”.

MAYORAL MINUTES Nil

DEPUTATIONS AND PRESENTATIONS SA20.213 – Notice of motion – Donation Request – Slow Food Berry 2 Inc Marilyn Odowd – FOR

SA20.233 – Ulladulla Civic Centre – Management Review Darryl Bozicevic – FOR

NOTICES OF MOTION / QUESTIONS ON NOTICE

SA20.211 Notice of Motion - Marriott Park Master Plan HPERM Ref: D20/458115 Recommendation (Item to be determined under delegated authority) That: 1. The Marriot Park Master Plan be further reviewed as per the diagram below and be readvertised to relevant stakeholders. 2. A further report be prepared by Staff for the consideration of the Council following readvertising of the revised master plan.

RESOLVED (Clr Wells / Clr Pakes) MIN20.818 That: 1. The Marriot Park Master Plan be further reviewed as per the diagram below and be readvertised to relevant stakeholders. 2. A further report be prepared by Staff for the consideration of the Council following readvertising of the revised master plan. CARRIED

Note: The CEO - Stephen Dunshea left the meeting at 5.04pm prior to the discussion.

SA20.212 Notice of Motion - A Study into the Feasibility of HPERM Ref: Providing Tomerong Village and Environs with a D20/464841 Reticulated Sewerage Scheme

Stephen Dunshea - CEO – significant non pecuniary interest declaration – he is a property owner and resident of Tomerong - left the room and did not take part in discussion or vote.

Minutes Confirmed Tuesday 8 December 2020 – Chairperson ......

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Recommendation (Item to be determined under delegated authority) That the CEO (Executive Manager, Shoalhaven Water): 1. Undertake a feasibility study into the provision of a sewerage scheme to Tomerong Village and Environs that will: a. Reduce the amount of effluent finding its way into St Georges Basin. b. Promote a healthier Village environment. c. Connect to the St Georges Basin Treatment plant to facilitate a connection with the Reclaimed Water Management Scheme to enable an increase to the amount of irrigation water available to farmers. 2. Report to Council when the study is completed and such report include the possibility of the proposal being part funded by grant source(s).

RESOLVED (Clr Watson / Clr Proudfoot) MIN20.819 That the CEO (Executive Manager, Shoalhaven Water): 1. Undertake a feasibility study into the provision of a sewerage scheme to Tomerong Village and Environs that will: a. Reduce the amount of nutrient finding its way into St Georges Basin. b. Promote a healthier Village environment. c. Connect to the St Georges Basin Treatment plant to facilitate a connection with the Reclaimed Water Management Scheme to enable an increase to the amount of irrigation water available to farmers. 2. Report to Council when the study is completed and such report include the possibility of the proposal being part funded by grant source(s). CARRIED

Note: The CEO - Stephen Dunshea returned to the meeting at 5.09pm

SA20.213 Notice of Motion - Donation Request - Slow Food Berry 2 HPERM Ref: Jervis Bay Inc. D20/480210 Recommendation That Council donate $3,000 (from the Unallocated Donations Budget) to Slow Food Berry 2 Jervis Bay Inc to support their work in planning and creating a large (1 acre) community vegetable garden to be worked by refugee communities on the South Coast.

RECOMMENDATION (Clr Gartner / Clr Findley) That Council donate $3000 and provide approximately three (3) good loads of mulch and delivery (from the Unallocated Donations Budget) to Slow Food Berry 2 Jervis Bay Inc to support their work in planning and creating a large (1 acre) community vegetable garden to be worked by refugee communities on the South Coast. CARRIED

Minutes Confirmed Tuesday 8 December 2020 – Chairperson ......

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REPORTS

SA20.214 Application for Community Consultative Body Council HPERM Ref: Accreditation - Burrill Lake Community Association Inc D20/482413 Recommendation (Item to be determined under delegated authority) That Council: 1. Supports in-principle the application from Burrill Lake Community Association Inc. to become a Council accredited CCB. 2. Advertise the proposal for public comment. 3. Following receipt of public comment, submit a report to Council for determination.

RESOLVED (Clr White / Clr Pakes) MIN20.820 That Council: 1. Supports in-principle the application from Burrill Lake Community Association Inc. to become a Council accredited CCB. 2. Advertise the proposal for public comment. 3. Following receipt of public comment, submit a report to Council for determination. CARRIED

SA20.215 DPOP 2020-21 - Quarterly Performance and Budget HPERM Ref: Report (July-September) D20/459982 Recommendation (Item to be determined under delegated authority) That Council: 1. Receive the September Quarterly Performance Report on the 2017-2022 Delivery Program and 2020-2021 Operational Plan and publish on Council’s website. 2. Receive the September Quarterly Budget Review Report. 3. Adopt the budget adjustments as outlined in the September Quarterly Budget Review document.

RECOMMENDATION (Clr Proudfoot / Clr White) That Council: 1. Receive the September Quarterly Performance Report on the 2017-2022 Delivery Program and 2020-2021 Operational Plan and publish on Council’s website. 2. Receive the September Quarterly Budget Review Report. 3. Adopt the budget adjustments as outlined in the September Quarterly Budget Review document. CARRIED

Minutes Confirmed Tuesday 8 December 2020 – Chairperson ......

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SA20.216 Proposed Submission - Multiple Aboriginal Land Claims HPERM Ref: - Shoalhaven Heads, (Crookhaven D20/452365 Headland), Huskisson and Kioloa Recommendation (Item to be determined under delegated authority) That Council: 1. Notify the NSW Department of Planning, Industry & Environment – Crown Lands Aboriginal Land Claims Assessment Team (ALCAT) that Council: a. Raises no objections to Aboriginal Land Claim (ALC) Number 37806, Part Claim 42448 and Part Claim 42479 over Lot 2 DP 704667, 134 Scott Street, Shoalhaven Heads. b. Does not support Part ALC Numbers 42454 and 42493 over two Part-Lots 34 DP 755971 and Lot 7004 DP 1059066, Prince Edward Avenue, Culburra Beach (Crookhaven Headland), because at the date of claim lodgement: i. The land was lawfully used and occupied for its Reserve Purpose of ‘Public Recreation’ and ‘Community Purposes’ and contained infrastructure to support this use. ii. The land was needed for an essential public purpose, being the Shoalhaven Marine Rescue, and contained infrastructure to support this use. iii. Part of the land was leased to Marine Rescue NSW to support this essential public purpose. c. Does not support Part ALC Numbers 42448, 42454, 42479 and 42493 over Huskisson Marine Rescue site, Voyager Memorial Park and White Sands Park, Huskisson (Lot 7012 DP 1021163, Lot 1 DP 209436, Lot 1 DP 209435, two Part-Lots 7010 DP 1076858), because at the date of claim lodgement: i. The land was lawfully used and occupied for its Reserve Purpose of ‘Public Recreation’ and contained significant public infrastructure to support this use. ii. The land was needed for an essential public purpose (multiple uses). iii. Part of the land was leased or licenced in accordance with its Reserve Purpose. d. Does not support Part ALC Numbers 42454 and 42487 over Lot 34 DP 755941, Lot 7009 DP 1020455 and Lot 7304 DP 1143028, Kioloa Marine Rescue site, because at the date of claim lodgement: i. The land was lawfully used and occupied for its Reserve Purpose of ‘Public Recreation’ and contained infrastructure to support this use. ii. The land was needed for an essential public purpose, being the Kioloa Marine Rescue and associated marine infrastructure. iii. Part of the land was leased to Marine Rescue NSW to support this essential public purpose. 2. Provide any necessary documents and evidence to the ALCAT to support this position.

RESOLVED (Clr Findley / Clr Proudfoot) MIN20.821 That Council: 1. Accept the detail contained in the report as the basis for establishing the ‘interests’ that exist in the subject land at Culburra Beach/Crookhaven Headland, Huskisson and Kioloa. 2. Defer any action in this regard until after the November 2020 Council meeting to enable discussions to be held in the meantime with the Local Aboriginal Land Council. 3. Receive a further report on these matters, if needed, at the November 2020 Council meeting.

Minutes Confirmed Tuesday 8 December 2020 – Chairperson ......

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CARRIED

Note: Clr Guile left at 6.02pm

SA20.217 Shoalhaven Economic Performance HPERM Ref: D20/474816 Recommendation (Item to be determined under delegated authority) That the report on the state of the Shoalhaven Economic Performance be received for information.

RESOLVED (Clr Proudfoot / Clr White) MIN20.822 That the report on the state of the Shoalhaven Economic Performance be received for information. CARRIED

SA20.218 Road Network Strategy - Nowra / Bomaderry - Key Road HPERM Ref: Projects - Prioritising Congestion Chokepoints D20/476760 Recommendation (Item to be determined under delegated authority) That 1. Council as a matter of urgency re-emphasise to the NSW Ministers for Roads and Transport that the section of the Princes Highway between Cambewarra Rd in the north and Jervis Bay Rd in the south is in critical need of being upgraded to address issues of regular congestion 2. Council lobby the NSW Members for South Coast and Kiama and the Federal Member for Gilmore to have the section of the Princes Highway between Cambewarra Rd in the north and Jervis Bay Rd in the south included within the scope for the Princes Highway Upgrade being funded by the NSW and Australian Governments 3. Council instruct the CEO to take whatever initiatives are considered reasonable to elevate this issue before Governments and government agencies.

RESOLVED (Clr Proudfoot / Clr White) MIN20.823 That Council: 1. As a matter of urgency re-emphasise to the NSW Ministers for Roads and Transport that the section of the Princes Highway between Cambewarra Rd in the north and Jervis Bay Rd in the south is in critical need of being upgraded to address issues of regular congestion; 2. Lobby the: a. NSW Member for South Coast – The Hon Shelley Hancock; b. NSW Member for Kiama – The Hon Gareth Ward; c. Federal Member for Gilmore – Mrs Fiona Phillips MP, d. Minister for Regional Transport and Roads – The Hon Paul Toole, e. Minister for transport and Roads – The Hon Andrew Constance, f. Minister for Water, Property and Housing – The Hon Melinda Pavey, g. Minister for Regional NSW Industry and Trade The Hon John Barilaro

Minutes Confirmed Tuesday 8 December 2020 – Chairperson ......

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to have the section of the Princes Highway between Cambewarra Rd in the north and Jervis Bay Rd in the south included within the scope for the Princes Highway Upgrade being funded by the NSW and Australian Governments; 3. Include in the representations, that the strong preference of the community and Council is addressing the critical choke point/s between the intersections of Plunkett and Kalandar street/s for urgent upgrade and grade separation, with a secondary concern being congestion from Kalandar to Hillcrest Street/s. 4. Instruct the CEO to take whatever initiatives are considered reasonable to elevate this issue before Governments and government agencies. CARRIED

SA20.219 Bushfire Local Economy Recovery Fund - project HPERM Ref: nominations D20/481406 Recommendation (Item to be determined under delegated authority) That 1. Council endorse the following projects to be submitted as applications to the Bushfire Local Economy Recovery (BLER) Fund and the Council contributions be also endorsed: a. Materials Recovery Centre, i. Council contribution = $13,000,000 b. Additional REMS dam, Coonamia i. Council contribution = $7,000,000 c. Livestock yard holding improvements @ 4 Showgrounds d. Remediate former Ulladulla STP site for Employment Land development i. Council contribution = $2,500,000 e. Bawley Pt / Kioloa Energy Hub f. Huskisson Boardwalk refurbishment g. Sanctuary Point Employment Land i. Council contribution = $3,000,000 h. Underground power to Bamarang water facilities i. Regional Boat Ramp j. Sussex Inlet Employment Lands – Water & Sewerage extension k. Citywide K&G renewal program l. Lake Conjola Entrance Rd – new SUP Bridge m. Inground Water tanks in APZs i. Council contribution $260,000 n. Shoalhaven Water Recovery & Resilience Project (Generators) i. Council contribution = $250,000 o. Construct new RFS Station at Conjola p. Construct new RFS Station at Manyana q. SCC Development Assessment Personnel (Temporary)

Minutes Confirmed Tuesday 8 December 2020 – Chairperson ......

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r. Cemetery APZ & Asset protection s. Shoalhaven Heads Boat Ramp t. Low-cost sealing of Prosperity Rd, Sth Nowra u. Additional generators & PV @ telecommunications sites i. Council contribution = $150,000 2. Council contributions for the BLER projects, totalling $4.05M, will be sourced from a combination of internal borrowing from reserves and future capital budget allocations over the period 2020/21 to 2021/22 3. The Chief Executive Officer be authorised to sign and execute any deeds or documents for any successful projects from the Bushfire Local Economic Recovery Fund

MOTION (Clr Pakes / Clr White) That: 1. Council endorse the following projects to be submitted as applications to the Bushfire Local Economy Recovery (BLER) Fund and the Council contributions be also endorsed: a. Materials Recovery Centre, West Nowra i. Council contribution = $13,000,000 b. Additional REMS dam, Coonamia i. Council contribution = $7,000,000 c. Livestock yard holding improvements @ 4 Showgrounds d. Remediate former Ulladulla STP site for Employment Land development i. Council contribution = $2,500,000 e. Bawley Pt / Kioloa Energy Hub f. Huskisson Boardwalk refurbishment g. Sanctuary Point Employment Land i. Council contribution = $3,000,000 h. Underground power to Bamarang water facilities i. Conjola Park Regional Boat Ramp j. Sussex Inlet Employment Lands – Water & Sewerage extension k. Citywide K&G renewal program l. Lake Conjola Entrance Rd – new SUP Bridge m. Inground Water tanks in APZs i. Council contribution $260,000 n. Shoalhaven Water Recovery & Resilience Project (Generators) i. Council contribution = $250,000 o. Undertake renovations and alterations to the existing RFS Station at Conjola (Estimate of $750,000) p. Construct new RFS Station at Manyana (allocate $1.5M) q. SCC Development Assessment Personnel (Temporary) r. Worrigee Cemetery APZ & Asset protection

Minutes Confirmed Tuesday 8 December 2020 – Chairperson ......

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s. Shoalhaven Heads Boat Ramp t. Low-cost sealing of Prosperity Rd, Sth Nowra u. Additional generators & PV @ telecommunications sites i. Council contribution = $150,000 2. Council contributions for the BLER projects, totalling $4.05M, will be sourced from a combination of internal borrowing from reserves and future capital budget allocations over the period 2020/21 to 2021/22 3. The Chief Executive Officer be authorised to sign and execute any deeds or documents for any successful projects from the Bushfire Local Economic Recovery Fund

AMENDMENT (RESOLVED) (Clr Findley / Clr Gartner) MIN20.824 That: 1. Council endorse the following projects to be submitted as applications to the Bushfire Local Economy Recovery (BLER) Fund and the Council contributions be also endorsed: a. Materials Recovery Centre, West Nowra i. Council contribution = $13,000,000 b. Additional REMS dam, Coonamia i. Council contribution = $7,000,000 c. Livestock yard holding improvements @ 4 Showgrounds d. Remediate former Ulladulla STP site for Employment Land development i. Council contribution = $2,500,000 e. Bawley Pt / Kioloa Energy Hub f. Huskisson Boardwalk refurbishment g. Sanctuary Point Employment Land i. Council contribution = $3,000,000 h. Underground power to Bamarang water facilities i. Conjola Park Regional Boat Ramp j. Sussex Inlet Employment Lands – Water & Sewerage extension k. Citywide K&G renewal program l. Lake Conjola Entrance Rd – new SUP Bridge m. Inground Water tanks in APZs i. Council contribution $260,000 n. Shoalhaven Water Recovery & Resilience Project (Generators) i. Council contribution = $250,000 o. Undertake renovations and alterations to the existing RFS Station at Conjola (Estimate of $750,000) p. Construct new RFS Station at Manyana (allocate $1.5M) q. SCC Development Assessment Personnel (Temporary) r. Worrigee Cemetery APZ & Asset protection s. Shoalhaven Heads Boat Ramp

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t. Low-cost sealing of Prosperity Rd, Sth Nowra u. Additional generators & PV @ telecommunications sites i. Council contribution = $150,000 v. Construct portion of Riversdale Road, joint application with Bundanon 2. Council contributions for the BLER projects, totalling $4.05M, will be sourced from a combination of internal borrowing from reserves and future capital budget allocations over the period 2020/21 to 2021/22 3. The Chief Executive Officer be authorised to sign and execute any deeds or documents for any successful projects from the Bushfire Local Economic Recovery Fund FOR: Clr Wells, Clr Findley, Clr Gash, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Kitchener and Stephen Dunshea AGAINST: Clr Pakes, Clr Watson and Clr Proudfoot AMENDMENT CARRIED

THE AMENDMENT BECAME THE MOTION AND WAS PUT TO THE MEETING FOR: Clr Wells, Clr Findley, Clr Gash, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Pakes, Clr Watson, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Nil CARRIED

SA20.220 Further Update - Rent Relief - Occupiers of Council HPERM Ref: Owned or Management Properties D20/421669 Recommendation That Council 1. Extend the COVID19 rent-free period to: a. all tenancies listed (Attachment 1 – ‘Proposed Rent Relief Table’) 100% rent relief until 31st January 2021. b. all tenants listed as Community Organisations (Attachment 1 – ‘Proposed Rent Relief Table’) 100% rent relief until the 30 June 2021. 2. Delegate authority to the CEO (Director City Services) to provide Rent Relief to tenancies listed in Attachment 1 – ‘Proposed Rent Relief Table’ if a “hardship” case can be demonstrated as a result of the COVID19 crisis. The CEO (Director City Services) is to report all representations and decisions at an appropriate Budget Quarterly Review.

Clr Findley raised a Point of Order and requested the Chairperson ask Clr Pakes to refrain from making side comments. The Chairperson asked all Councillors to refrain from making side comments.

RECOMMENDATION (Clr White / Clr Pakes) That Council: 1. Extend the COVID19 rent-free period to: a. all tenancies listed (Attachment 1 – ‘Proposed Rent Relief Table’) 100% rent relief until 31st January 2021.

Minutes Confirmed Tuesday 8 December 2020 – Chairperson ......

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b. all tenants listed as Community Organisations (Attachment 1 – ‘Proposed Rent Relief Table’) 100% rent relief until the 30 June 2021. 2. Delegate authority to the CEO (Director City Services) to provide Rent Relief to tenancies listed in Attachment 1 – ‘Proposed Rent Relief Table’ if a “hardship” case can be demonstrated as a result of the COVID19 crisis. The CEO (Director City Services) is to report all representations and decisions at an appropriate Budget Quarterly Review. CARRIED

SA20.221 Proposed Road Closure - Part Bolong Road Bomaderry - HPERM Ref: Shoalhaven Starches P/L D20/420227 Recommendation That Council: 1. Close approximately 103.2 sqm of Bolong Road, Bomaderry as per Attachment 1 (D20/460983) adjoining Lot 1 DP 838753 by way of a notice published in the Government Gazette; 2. Authorise the creation of any easements, including for services and any restriction on the use of the land in favour of Shoalhaven City Council across the portion comprised in the road closure at the time of finalising the survey plan; 3. Authorise the sale of the portion comprised in the road closure, per point 1 above, to Shoalhaven Starches (adjoining property owner) for $3,100 (plus GST if applicable); 4. Require the portion comprised in the road closure and the adjoining Lot 1 DP 838753 to be consolidated into one lot; 5. Require all costs associated with the road closure and sale be borne by Shoalhaven Starches and the net income from the sale be placed in the Property Reserve; and 6. Authorise the Chief Executive Officer to sign any documentation required to give effect to this Resolution and to affix the Common Seal of the Council of the to all documentation required to be sealed.

RECOMMENDATION (Clr Gash / Clr Findley) That Council: 1. Close approximately 103.2 sqm of Bolong Road, Bomaderry as per Attachment 1 (D20/460983) adjoining Lot 1 DP 838753 by way of a notice published in the Government Gazette; 2. Authorise the creation of any easements, including for services and any restriction on the use of the land in favour of Shoalhaven City Council across the portion comprised in the road closure at the time of finalising the survey plan; 3. Authorise the sale of the portion comprised in the road closure, per point 1 above, to Shoalhaven Starches (adjoining property owner) for $3,100 (plus GST if applicable); 4. Require the portion comprised in the road closure and the adjoining Lot 1 DP 838753 to be consolidated into one lot; 5. Require all costs associated with the road closure and sale be borne by Shoalhaven Starches and the net income from the sale be placed in the Property Reserve; and 6. Authorise the Chief Executive Officer to sign any documentation required to give effect to this Resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed.

Minutes Confirmed Tuesday 8 December 2020 – Chairperson ......

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CARRIED

SA20.222 Proposed Road Closure & Sale Jarretts Lane Kangaroo HPERM Ref: Valley D20/458022 Recommendation That Council 1. Close approximately 89.64 lineal metres of the unformed Jarretts Lane, Kangaroo Valley shown red on Attachment 1 (D20/458208) at the rear of 115A Jarretts Lane, Kangaroo Valley by a notice published in the Government Gazette. 2. Authorise the sale of the closed road to Trudie Nicole Jarnason (adjoining property owner) for $4,000 + GST (if applicable) 3. Require the portion comprised in the road closure be consolidated into one lot with Lot 1 DP 826997. 4. Require all costs associated with the road closure and sale to be borne by Stefan and Trudie Jarnason. 5. Authorise the Chief Executive officer to sign any documentation required to give effect to this Resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed.

RECOMMENDATION (Clr Proudfoot / Clr Digiglio) That Council: 1. Close approximately 89.64 lineal metres of the unformed Jarretts Lane, Kangaroo Valley shown red on Attachment 1 (D20/458208) at the rear of 115A Jarretts Lane, Kangaroo Valley by a notice published in the Government Gazette. 2. Authorise the sale of the closed road to Trudie Nicole Jarnason (adjoining property owner) for $4,000 + GST (if applicable) 3. Require the portion comprised in the road closure be consolidated into one lot with Lot 1 DP 826997. 4. Require all costs associated with the road closure and sale to be borne by Stefan and Trudie Jarnason. 5. Authorise the Chief Executive officer to sign any documentation required to give effect to this Resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed. CARRIED

SA20.223 Easement for Access Extinguishment Lot 48 DP 25550 HPERM Ref: and Road Dedication Lots 46 & 47 DP 25550 Island Point D20/426031 Road St Georges Basin Recommendation That Council 1. Resolve to dedicate Lots 46 & 47 DP 25550 Island Point Road St Georges Basin as Public Road pursuant to Section 10 of the Roads Act 1993; and 2. Approve the Extinguishment of the Right of Way over Lots 46 & 47 DP 25550 as no longer required due to the Road dedication under point 1 above; and

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3. Approve the Extinguishment of the Easement for Access over Lot 48 DP 25550 Island Point Road St Georges Basin as no longer required due to the Road dedication under point 1 above; and 4. Grant authority to affix the Common Seal of the Council of the City of Shoalhaven to any documents required to be sealed and that the Chief Executive Officer be authorised to sign any documentation necessary to give effect to this Resolution.

RECOMMENDATION (Clr Proudfoot / Clr White) That Council: 1. Resolve to dedicate Lots 46 & 47 DP 25550 Island Point Road St Georges Basin as Public Road pursuant to Section 10 of the Roads Act 1993; and 2. Approve the Extinguishment of the Right of Way over Lots 46 & 47 DP 25550 as no longer required due to the Road dedication under point 1 above; and 3. Approve the Extinguishment of the Easement for Access over Lot 48 DP 25550 Island Point Road St Georges Basin as no longer required due to the Road dedication under point 1 above; and 4. Grant authority to affix the Common Seal of the Council of the City of Shoalhaven to any documents required to be sealed and that the Chief Executive Officer be authorised to sign any documentation necessary to give effect to this Resolution. CARRIED

SA20.224 Creation of Asset Protection Zone over Council Land - HPERM Ref: Lot 61 DP 833017 Ilett Street, Mollymook D20/441004 Recommendation That Council: 1. Approve the creation of an Asset Protection Zone over part Lot 61 DP 1833017 as shown in SET Consultant’s APZ Plan at Attachment 2 (D20/442538), by way of a positive covenant in accordance with the provisions of Section 88B of the Conveyancing Act 1919 allowing the following activities: a. Clear from the APZ Site and at all times, keep the APZ Site free of all bush, scrub, flora and fauna (with the exception of grass); and b. Do all things necessary to maintain the APZ Site as an APZ.; 2. Require the landowners of Lot 76 DP 1243148 indemnify Council against any loss, injury or damages incurred whilst on Council owned land and undertaking the activities noted above at 1 (a) & 1 (b) and pay all costs (including Councils) associated with the creation of the positive covenant; and 3. Authorise the Chief Executive Officer to sign any documentation required to give effect to this resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed.

RESOLVED (Clr White / Clr Pakes) MIN20.825 That the matter relating Creation of Asset Protection Zone over Council Land - Lot 61 DP 833017 Ilett Street, Mollymook be deferred and: 1. Referred to an on-site meeting of available Councillors and the RFS be invited; and then 2. Referred to a Clr Briefing.

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CARRIED

SA20.225 Creation of Asset Protection Zone over Council Unmade HPERM Ref: Road adjoining Lot 1 Sec 5 DP 758322 - 2 Jervis St, D20/461430 Currarong Recommendation That Council: 1. Resolve to approve the creation of an Asset Protection Zone over Council’s unmade road at Crookhaven Parade, Currarong adjoining the common northern boundary of Lot 1 Sec 5 DP 758322 as shown on Attachment 1 (D20/461554), by way of positive covenant in accordance with the provisions of Section 88E of the Conveyancing Act 1919’ 2. Require that the landowners of Lot 1 Sec 5 DP 758322 indemnify Council against any loss, injury or damages incurred whilst on Council owned land and undertaking the activities defined in the APZ Management Plan and pay all costs, fees and charges (including legal) associated with the creation of the positive covenant: and 3. Authorise the Chief Executive Officer to sign any documentation required to give effect to this resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed.

RECOMMENDATION (Clr Pakes / Clr Gash) MIN20.826 That Council: 1. Resolve to approve the creation of an Asset Protection Zone over Council’s unmade road at Crookhaven Parade, Currarong adjoining the common northern boundary of Lot 1 Sec 5 DP 758322 as shown on Attachment 1 (D20/461554), by way of positive covenant in accordance with the provisions of Section 88E of the Conveyancing Act 1919’ 2. Require that the landowners of Lot 1 Sec 5 DP 758322 indemnify Council against any loss, injury or damages incurred whilst on Council owned land and undertaking the activities defined in the APZ Management Plan and pay all costs, fees and charges (including legal) associated with the creation of the positive covenant: and 3. Authorise the Chief Executive Officer to sign any documentation required to give effect to this resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed. 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, Clr Alldrick and Clr Levett CARRIED

Note: Clr Gash and Clr Alldrick left the meeting at 7.32pm

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SA20.226 Parkcare Action Plans - Foreshore / HPERM Ref: Collingwood Reserve / Fishermans Paradise / Friends of D20/410898 Hyams Beach / Paino Reserve / Surfers Avenue Recommendation (Item to be determined under delegated authority) That Council 1. Endorse the updated and new ‘Parkcare” plans for a. Callala Bay Foreshore – Callala Bay (NEW) b. Collingwood Reserve – (UPDATED) c. Hazel Rowbotham Reserve – Fishermans Paradise (NEW) d. Hyams Beach Parks – Hyams Beach (UPDATED) e. Paino Reserve – Sanctuary Point (NEW) f. Surfers Avenue Reserve – (UPDATED) 2. Continue to allocate ongoing annual operating funding of $400 (GST exclusive and CPI adjusted) for each Parkcare Group, totalling $2,400, to cover safety PPE, miscellaneous materials, waste disposal and purchase minor tools. This has been provided for in the Draft 2021/2022 Operating Budget.

RESOLVED (Clr Proudfoot / Clr Levett) MIN20.827 That Council: 1. Endorse the updated and new ‘Parkcare” plans for a. Callala Bay Foreshore – Callala Bay (NEW) b. Collingwood Reserve – Basin View (UPDATED) c. Hazel Rowbotham Reserve – Fishermans Paradise (NEW) d. Hyams Beach Parks – Hyams Beach (UPDATED) e. Paino Reserve – Sanctuary Point (NEW) f. Surfers Avenue Reserve – Narrawallee (UPDATED) 2. Continue to allocate ongoing annual operating funding of $400 (GST exclusive and CPI adjusted) for each Parkcare Group, totalling $2,400, to cover safety PPE, miscellaneous materials, waste disposal and purchase minor tools. This has been provided for in the Draft 2021/2022 Operating Budget. FOR: Clr Wells, Clr Findley, Clr Gash, Clr White, Clr Gartner, Clr Digiglio, Clr Alldrick, Clr Levett, Clr Pakes, Clr Kitchener, Clr Proudfoot and Stephen Dunshea AGAINST: Clr Watson CARRIED

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SA20.227 Tenders – Management & Operation of Holiday Haven HPERM Ref: Swan Lake D20/463153 Clr Pakes – less than significant non pecuniary interest declaration – will remain in the room and will take part in discussion and vote – “one of the Tenderers works at the Culburra Bowling and Recreation Club of which he is a Director”.

Recommendation (Item to be determined under delegated authority) That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.

RESOLVED (Clr Proudfoot / Clr White) MIN20.828 That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993. CARRIED

SA20.228 Fishermans Paradise Voluntary Planning Agreement HPERM Ref: D20/459989 Recommendation (Item to be determined under delegated authority) That the Strategy and Assets Committee endorse the Voluntary Planning Agreement (VPA) for the dedication of land at Fisherman’s Paradise subject to the developer Grange Estates P/L meeting the following requirements: 1. Prior to the commencement of any site works, including the clearing or modification of any vegetation, or the issuing of a Subdivision Works Certificate, the Developer Grange Estates P/L will submit to Council an Environmental Management Plan (EMP) prepared by a suitably qualified practising Ecologist, Environmental Scientist or Bushland Restoration Expert for the rehabilitation and ongoing management of the Public Reserve for a period of 5 years in accordance with the NSW DPIE Guidelines for the management of waterfront lands. The EMP shall include a requirement to install four strand plain wire fencing supported by treated pine posts along the interface between the road reserve and the public reserve where required to prevent public access as part of Year 1 works and as part of the works required to be completed prior to dedication of the land to Council; and 2. Prior to the issue of a Subdivision Certificate for the Plan of Survey for Stage 2A (shown plan N27743-11 rev 2 dated 19 December 2019 (D20/161178) ) which will dedicate the Public Reserve, the developer Grange Estates P/L will: a. implement the actions in the approved EMP which are required to be completed prior to dedication of the land; and b. provide Council with a EMP monitoring and implement report to confirm works within the EMP have been completed. 3. Following dedication of the Public Reserve, the Developer Grange Estates P/L will: a. implement any additional actions identified in the approved EMP for Years 1 and 2; and b. provide Council with a EMP report monitoring and implementation report at the end of years 1 and 2 to confirm EMP actions have been completed; and c. pay $2,240 annually to Council on the 3rd, 4th and 5th anniversary of the date the Public Reserve was dedicated to cover Council’s estimated costs for implementing the EMP on the Public Reserve for years 3-5.

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RESOLVED (Clr Proudfoot / Clr White) MIN20.829 That the Strategy and Assets Committee endorse the Voluntary Planning Agreement (VPA) for the dedication of land at Fisherman’s Paradise subject to the developer Grange Estates P/L meeting the following requirements: 1. Prior to the commencement of any site works, including the clearing or modification of any vegetation, or the issuing of a Subdivision Works Certificate, the Developer Grange Estates P/L will submit to Council an Environmental Management Plan (EMP) prepared by a suitably qualified practising Ecologist, Environmental Scientist or Bushland Restoration Expert for the rehabilitation and ongoing management of the Public Reserve for a period of 5 years in accordance with the NSW DPIE Guidelines for the management of waterfront lands. The EMP shall include a requirement to install four strand plain wire fencing supported by treated pine posts along the interface between the road reserve and the public reserve where required to prevent public access as part of Year 1 works and as part of the works required to be completed prior to dedication of the land to Council; and 2. Prior to the issue of a Subdivision Certificate for the Plan of Survey for Stage 2A (shown plan N27743-11 rev 2 dated 19 December 2019 (D20/161178) ) which will dedicate the Public Reserve, the developer Grange Estates P/L will: a. implement the actions in the approved EMP which are required to be completed prior to dedication of the land; and b. provide Council with a EMP monitoring and implement report to confirm works within the EMP have been completed. 3. Following dedication of the Public Reserve, the Developer Grange Estates P/L will: a. implement any additional actions identified in the approved EMP for Years 1 and 2; and b. provide Council with a EMP report monitoring and implementation report at the end of years 1 and 2 to confirm EMP actions have been completed; and c. pay $2,240 annually to Council on the 3rd, 4th and 5th anniversary of the date the Public Reserve was dedicated to cover Council’s estimated costs for implementing the EMP on the Public Reserve for years 3-5. CARRIED

SA20.229 Conjola Community Forum and Case Clinic HPERM Ref: D20/481294 Recommendation (Item to be determined under delegated authority) That Council receive this report for consideration and: 1. Thank Resilience NSW for their offer of assistance 2. Support the initiative to hold a Case Clinic for internal stakeholders to discuss the current issues within Conjola. 3. Support the initiative, following the case clinic, to have a series of Community Forums within Conjola, hosted by Resilience NSW that focus on bringing the community together.

RESOLVED (Clr Findley / Clr White) MIN20.830 That Council receive this report for consideration and: 1. Thank Resilience NSW for their offer of assistance 2. Support the initiative to hold a Case Clinic for internal stakeholders to discuss the current issues within Conjola.

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

SA20.230 Acquisition - Sewer Purposes - 9 Matron Porter Drive HPERM Ref: Narrawallee D20/432758 Recommendation That 1. Council acquire an Easement for sewerage purposes 2.4 metres wide over part of Lot 5 DP 216561, No. 9 Matron Porter Drive Narrawallee shown highlighted on Attachment 1. 2. Council pay compensation of $11,500 plus GST if applicable and reasonable legal costs associated with the acquisition to the owner in accordance with the provision of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer Fund. 3. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.

RECOMMENDATION (Clr Findley / Clr Digiglio) That: 1. Council acquire an Easement for sewerage purposes 2.4 metres wide over part of Lot 5 DP 216561, No. 9 Matron Porter Drive Narrawallee shown highlighted on Attachment 1. 2. Council pay compensation of $11,500 plus GST if applicable and reasonable legal costs associated with the acquisition to the owner in accordance with the provision of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer Fund. 3. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed. CARRIED

SA20.231 Acquisition of Easement - Sewer Purposes - 6 HPERM Ref: Woodlawn Avenue Burrill Lake D20/435421 Recommendation That 1. Council acquire an Easement for sewerage purposes 1.2 metres wide over part of Lot 82 DP 209662, No. 6 Woodlawn Avenue Burrill Lake shown highlighted on Attachment 1. 2. Council pay compensation of $5,000 plus GST if applicable and reasonable legal costs associated with the acquisition to the owner in accordance with the provision of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer Fund. 3. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.

RECOMMENDATION (Clr Proudfoot / Clr Pakes) That: 1. Council acquire an Easement for sewerage purposes 1.2 metres wide over part of Lot 82 DP 209662, No. 6 Woodlawn Avenue Burrill Lake shown highlighted on Attachment 1.

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2. Council pay compensation of $5,000 plus GST if applicable and reasonable legal costs associated with the acquisition to the owner in accordance with the provision of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer Fund. 3. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed. CARRIED

SA20.232 Camping Area - Staged Reopening Strategy HPERM Ref: D20/472365 Recommendation (Item to be determined under delegated authority) That Council: 1. Approve the reopening of access to the Yalwal camping area for day use only. 2. Progress the development of the site as outlined in the Danjera Dam Camping - Future Directions Report 3. Continue to limit access for day use only, until such time the campground is formalised, and planned improvements made to its facilities and management.

RESOLVED (Clr Proudfoot / Clr Levett) MIN20.831 That Council: 1. Approve the reopening of access to the Yalwal camping area for day use only. 2. Progress the development of the site as outlined in the Danjera Dam Camping - Future Directions Report 3. Continue to limit access for day use only, until such time the campground is formalised, and planned improvements made to its facilities and management. CARRIED

Introduction of Items as Matters of Urgency RESOLVED (Clr Wells / Stephen Dunshea) MIN20.832 That the following addendum reports be introduced as matters of urgency: 1. SA20.233 Ulladulla Civic Centre - Management Review CARRIED

The Chairperson ruled the matters as ones of urgency as they relate to urgent business of Council and allowed their introduction.

Note: Clr Gash and Alldrick returned to the meeting at 7.37pm

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ADDENDUM REPORTS

SA20.233 Ulladulla Civic Centre - Management Review HPERM Ref: D20/457991 Recommendation (Item to be determined under delegated authority) That Council 1. Adopt the Internal Management Model (ATP Model 3) as recommended in the “Business Plan for the Management and Operation of the Ulladulla Function Centre” report and transfer the management and operation of the Ulladulla Civic Centre to Council at the expiration of the current management contract . 2. Notify Milton Ulladulla Ex-Servos Club Ltd (MUES) that the existing contract will expire on 31 December 2020 when the management and operation of the Ulladulla Civic Centre will transfer back to Shoalhaven City Council.

RESOLVED (Clr White / Clr Gash) MIN20.833 That Council: 1. Receive and note the report from Asset Technologies Pacific on the Business Plan for the Management and Operation of the Ulladulla Function Centre and Management Models. 2. Not proceed at this time to bring the management and operation of the Ulladulla Civic Centre in-house; 3. Delegate to the Chief Executive Officer the authority to negotiate and enter into a contract for the continued management and operation of the Ulladulla Civic Centre with the Milton Ulladulla Ex-Servos for a period of up to 12 months for an amount not exceeding the tender threshold. 4. Proceed to call for a public Request for Tender process via the open market for the management and operation of the Ulladulla Civic Centre with a report to Council by June 2021. FOR: Clr Wells, Clr Gash, Clr White, Clr Alldrick, Clr Pakes, Clr Watson, Clr Kitchener, Clr Gartner and Clr Proudfoot AGAINST: Clr Findley, Clr Digiglio, Clr Levett and Stephen Dunshea 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 Pakes / Clr White) MIN20.834 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.

CSA20.16 Tenders – Management & Operation of Holiday Haven Swan Lake 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)

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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 Gartner left the meeting at 7.58pm.

The meeting moved into confidential the time being 7.58pm.

The meeting moved into open session, the time being 8.00pm.

REPORT FROM CONFIDENTIAL SESSION

The following resolutions of the meeting, whilst closed to the public, were made public.

CSA20.16 Tenders – Management & Operation of Holiday Haven HPERM Ref: Swan Lake D20/463435 RESOLVED MIN20.835C That: 1. Council endorses the recommendation of the Tender Assessement Team to accept the Tender from Jane and Trent Robey for Management and Operation of Holiday Haven Swan Lake 2. The contract documents and any other associated documents be executed on behalf of the Council in accordance with cl165 of the Local Government Regulation by the Director – City Services, as the Principal’s Representative CARRIED

There being no further business, the meeting concluded, the time being 8.01pm.

Clr Wells CHAIRPERSON

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SA20.234 Notice of Motion - Motorsports Complex - Shoalhaven Area

HPERM Ref: D20/516767

Submitted by: Clr Annette Alldrick

Purpose / Summary The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.

Recommendation (Item to be determined under delegated authority) That Council staff provide a written report on the progress of the investigation into a

Motorsports Complex for the Shoalhaven and include details of:

1. How much money has been spent so far and how it has been spent. 2. An estimate of how much money is expected to be spent in the future and how it will be spent.

SA20.234

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SA20.235 Notice of Motion - Financial assistance for Tomerong School of Arts (Tomerong Hall)

HPERM Ref: D20/517155

Submitted by: Clr John Levett

Purpose / Summary The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.

Recommendation That Council donates $5,000 from the Unallocated Donations budget to assist the Tomerong

School of Arts Committee meet its financial commitments in the face of a serious shortfall in market and booking income over the last twelve months due to the Bushfires and COVID19.

Background Despite the Hall barely being functional in 2020, fixed costs, such as insurance ($2,290) and incidental costs (A&D Tree Services $2,816) have put great strain on Committee financial resources. Income to the end of October this year from market stall and function bookings SA20.235 was $4,854…less than half the income for the same period last year $11,373. Over the last two years, total revenue from these two main sources is down $7,907. Council pays the rates on behalf of the Hall Trust but all other outgoings including effluent removal, electricity, water and building maintenance are paid by the Committee. Tomerong Hall is one of few community halls owned by a Community Trust rather than by Shoalhaven Council. It provides a great community service and offers concessional fees to all manner of groups as part of its commitment to serving the local people. For almost 100 years it has been the heart and soul of Tomerong which was, from 1906, the administrative centre of the then Clyde Shire which extended west to Sassafras, north to Falls Creek and south to . The Clyde Shire was amalgamated with surrounding councils to form Shoalhaven Shire Council on 1st July 1948. The Hall was built by voluntary labour supervised by a committee chaired by the Clyde Shire Clerk, William Lackersteen. Money was raised by subscription and the final cost was 335 pounds which included the land. An extra 150 pounds was spent on a pianola, water tank and other sundries. The official opening of the Hall was 15th October, 1926 and the Tomerong School of Arts rulebook outlined the object of the institution as; “The intellectual improvement of its members and the cultivation of literature, science and art.” Tomerong boasted an eleven piece band at the time which made its first public appearance at the opening which was attended by distinguished guests including the Federal and State Members. A few months later the Tomerong Dramatic Company presented the musical production, “Bitter Cold”, which included performers with family names still familiar in the area; Watt, Schutz, Parnell, McGuire, McKinnon and Suffolk. Over the years the fortunes of the Hall have mirrored those of the Nation. It struggled to survive during the years of the Great Depression and in 1942 was handed over to the 6th Motor Regiment for military purposes and was the permanent base for a squad of servicemen for two years. After the War, Hall social functions were pivotal in raising funds for many community projects including the Shoalhaven District Hospital, the Shoalhaven District Ambulance and Legacy. It has hosted meetings for local groups such as the Army

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Reserve, Tomerong Volunteer Bush Fire Brigade, Tomerong Public School P&C and Tomerong Playgroup. The Hall has unique character and plenty of soul. Despite financial struggles in some difficult years it has survived as an important asset to Tomerong and the wider Shoalhaven community. I hope Councillors will support this motion and give the Hall some well-deserved assistance.

Note by the Director City Performance The CEO has submitted a significant Non-Pecuniary Interest declaration in relation to this item as he is a property owner and resident of Tomerong. The Unallocated Donations budget currently stands at $14,707.

SA20.235

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SA20.236 Notice of Motion - Milton Ulladulla Princes Highway Bypass - Support for Communities of Burrill Lake & Lake Tabourie

HPERM Ref: D20/531087

Submitted by: Clr Patricia White

Purpose / Summary The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.

Recommendation (Item to be determined under delegated authority)

That Council: 1. Support the Lake Burrill and Lake Tabourie residents and communities in their endeavours to change the preferred route announced by Transport for NSW for the Milton Ulladulla Princes Highway by-pass to: a. protect Burrill Lake and Lake Tabourie residents, b. to ensure the safety of the communities,

c. retain the quality of life and sense of place which has been enjoyed for decades, SA20.236 d. deliver a safer Princes Highway. 2. Request Transport for NSW to investigate alterative by-pass options to the west of Burrill Lake and Lake Tabourie. 3. Write to the Hon Shelley Hancock MP, Member for South Coast, the Hon Andrew Constance MP, Transport Minister NSW and Fiona Phillips, Federal Member for Gilmore requesting support for Council’s recommendation for alterative by-pass options. 4. Request SEATS to a. Endorse the representations from Burrill Lake and Lake Tabourie communities to change the By-pass options and: b. Write to Federal and State Members of Parliament supporting Council’s recommendations.

Background Transport for NSW announced, on Wednesday 25 November, the preferred route for the Milton Ulladulla Bypass from Little Forest Road Milton to Crescent Burrill Lake. The proposed strategic corridor aligns with the existing corridor identified in the Shoalhaven LEP, however, much has changed in the last 20 years, including the significant growth in the Southern Shoalhaven communities. Together we all need to support our communities of Burrill Lake and Lake Tabourie and send a strong message that the preferred route for the Milton Ulladulla Princes Highway by-pass must be changed to protect our communities and deliver the safe highway we deserve. The Long-Term Solution for Milton Ulladulla Bypass is to: “TAKE IT WEST IS THE BEST”.

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The government’s current preferred option will divide the community of Burrill Lake and not support the communities of Tabourie, Termeil and . We strongly request alternatives routes be reconsidered. The preferred option is based on an outdated SLEP. Traffic flow data gathered over the summer of 2019-2020 was not typical and therefore this option is seriously flawed. Fires, floods and COVID-19 shut down the South Coast from many visitors and families. The government option reduces congestion in Milton and Ulladulla however ignores increased congestion in Burrill Lake and southern communities. Burrill Lake has a population equal to or greater than Milton and in holiday periods the population swells from 2,000 to 12,000. Through traffic must be relocated from local roads to a western alternative for the safety of the community. This would help retain the quality of life and sense of place which has been enjoyed for decades. Cost should not be the determining factor in providing a long-term solution. The accepted long-term solution has and always will be an external bypass to the west of Burrill Lake with an internal bypass around the Milton/Ulladulla CBDs. The bypass needs to support a transport network delivering a safe and resilient system for all communities to meet current and future needs. The preferred option does not. Our local communities are requesting the Government to listen to the community and understand the preferred option will destroy the social fabric of Burrill Lake and not support Tabourie, Termeil or Bawley Point. Let’s not divide our communities of Burrill, Tabourie, Termeil or Bawley Point with a major

highway. SA20.236

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SA20.237 Report of the Nowra CBD Revitalisation Strategy Committee - 11 November 2020

HPERM Ref: D20/531470

Attachments: 1. CBD Promotions Budget - Financial Year 2019-2020 ⇩

CBD20.23 Annual Financial Statement - Nowra CBD HPERM Ref: Promotions Budget - 2019-2020 D20/478363 RECOMMENDATION That the Annual Financial Statements for the 2019-2020 Financial Year (attached) provided by the Nowra CBD Business Chamber be received for information.

CBD20.24 Additional Item - Proposed Establishment of an Alcohol Prohibited Area for the Laneways off Egans Lane Car Park. RECOMMENDATION That the CEO investigate the actions that can be taken by Council to prohibit the consumption of alcohol in the Laneways off Egans Lane Car Park near the Library and Arts Centre. SA20.237

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Attachment 1

- SA20.237

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Attachment 1

- SA20.237

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SA20.238 Quarterly Progress Report - Councillors' Notices of Motion

HPERM Ref: D20/520239

Approver: Stephen Dunshea, Chief Executive Officer

Attachments: 1. Incomplete Notices of Motion (councillors information folder) ⇨ 2. Complete Notices of Motion (councillors information folder) ⇨

Reason for Report To provide the quarterly progress status on Councillors’ Notices of Motion as resolved at the Ordinary Meeting in December 2018.

Recommendation (Item to be determined under delegated authority) That Council: 1. Receive the Progress report on Councillors’ Notices of Motion. 2. Receive future Councillors’ Notices of Motion progress reports as part of the Quarterly Performance Report to the Strategy and Assets Committee Meetings.

SA20.238 Options 1. As recommended

2. Alternate recommendation Implications: Not known

Report In response to a Notice of Motion (CL18.350), at the Council Meeting held on 18 December 2018, Council resolved (MIN18.992): “That the progress status of councillors’ notices of motion be reported quarterly at Ordinary Meetings of Council.” The following table presents a summary of the status of all Notices of Motion (NOM) as at 25 November 2020 and includes reference to NOMs from the previous financial years which are incomplete. New NOM Incomplete NOM (1 July to 25 Nov 2020) (prior to 1 July 2020) Total NOM as at 25 Nov 2020 67 24 Reported as ‘Completed’ 29 10 Reported as ‘In Progress’ 38 14

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This report provides, in the Councillor Information folder, the following: • A list of incomplete Notices of Motion (Note: Notices of Motion from recent meetings may not yet contain comments). • A list of Notices of Motion completed since 1 September 2020. The report has been provided for Councillors’ information. As requested, a Councillor Briefing has been scheduled for Thursday 3 December 2020 to discuss any concerns raised prior to consideration at the Strategy and Assets Committee meeting on 8 December 2020.

Future Progress Reports on Notices of Motion It is proposed that future NOM progress reports are integrated with the Quarterly Performance Reporting on the Delivery Program and Operational Plan. This will allow for improved integration and streamlining of reporting. The Quarterly Performance Report is considered at the Strategy & Assets Committee meetings with the next NOM report proposed following the end of Quarter 3.

SA20.238

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SA20.239 2021 Conferences

HPERM Ref: D20/418578

Section: Business Assurance & Risk Approver: Kevin Voegt, Director - City Performance

Reason for Report To provide details of various conferences from January to December 2021 which may be deemed as Council business to facilitate registration of Councillors.

Recommendation (Item to be determined under delegated authority) That Council

1. Authorises available Councillors to attend the following conferences and such

attendance be deemed Council Business a. 10th Australian Small Bridges Conference b. 2021 Australian Coastal Councils Conference c. 2021 Australian Local Government Women’s Association NSW State Conference d. Waste 2021 Conference

e. 2021 OzWater Conference SA20.239 f. 2021 National Australian Women’s Association Conference g. 2021 National General Assembly of Local Government h. Local Government Planning & Environmental Law Conference 2021 i. 2021 LGNSW Water Management Conference j. 2021 NSW Local Government Aboriginal Network Conference k. 2021 LGNSW Annual Conference l. 20th International Cities and Town Centres Conference m. 29th NSW Coastal Conference n. Local Government Parking Summit 2021 o. 2021 National Local Roads & Transport Congress p. 2021 Global Eco Asia-Pacific Tourism Conference 2. Require that travel, registration fees, accommodation and all reasonable out-of-pocket expenses be met in accordance with Council Members – Payment of Expenses and Provision of Facilities Policy. 3. Request Councillors attending the conference to provide a written report within 30 days of returning from the conference.

Options 1. As per the recommendation. Additional information on conferences which is not available at the time of publication of the report will be provided to the Councillors.

2. That Council receive an individual report for each conference.

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3. That Council does not approve Councillor attendance at one or more of the listed Conferences as Council Business.

Background In order for Councillors’ registration and associated expenses for attendance at Conferences outside the local government area to be covered by the Council Members – Payment of Expenses and Provision of Facilities Policy, a resolution of the Council is required to determine the attendance as ‘Council Business’. The details of the Conferences available to the Council currently are as follows (note the blue underlined text below is a link to the webpage for each conference) : a. 10th Australian Small Bridges Conference Dates: 15-16 February 2021 Location: Surfers Paradise, QLD Costs of Registration: Up to $1200 b. 2021 Australian Coastal Councils Conference Dates: Not yet available (Previous conferences have been scheduled in March & May) Location: Not yet available Costs of Registration: Not yet available c. 2021 Australian Local Government Women’s Association NSW State Conference Dates: Not yet available (Previous conferences have been scheduled in March & April) Location: Not yet available SA20.239 Costs of Registration: Not yet available d. Waste 2021 Conference Dates: 4-6 May 2021 Location: Coffs Harbour, NSW Costs of Registration: Not yet available e. 2021 OzWater Conference Dates: 4-6 May 2021 Location: Adelaide, SA Costs of Registration: Not yet available f. 2021 National Australian Women’s Association Conference Dates: Not yet available (Previous conferences have been held in May) Location: Not yet available Costs of Registration: Not yet available g. 2021 National General Assembly of Local Government Dates: 20-23 June 2021 Location: Canberra ACT Costs of Registration: Not yet available h. Local Government Planning & Environmental Law Conference 2021 Dates: Not yet available (Previous conferences have been held in June) Location: Not yet available Costs of Registration: Not yet available i. 2021 LGNSW Water Management Conference Dates: 7-9 July 2021 Location: Not yet available Costs of Registration: Not yet available

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j. 2021 NSW Local Government Aboriginal Network Conference Dates: Not yet available (Previous conferences have been held in November) Location: Not yet available Costs of Registration: Not yet available k. 2021 LGNSW Annual Conference Dates: Not yet available (Previous conferences have been held in October & December – as 2021 is an election year it is expected the conference will be in December 2021) Location: Not yet available Costs of Registration: Not yet available l. 20th International Cities and Town Centres Conference Dates: Not yet available (Previous conferences have been held in October) Location: Not yet available

Costs of Registration: Not yet available

m. 29th NSW Coastal Conference Dates: 3 to 5 November 2021 Location: Kingscliff, NSW Costs of Registration: Not yet available n. Local Government Parking Summit 2021 Dates: Not yet available (Previous events have been held in November) Location: Not yet available SA20.239 Costs of Registration: Not yet available o. 2021 National Local Roads & Transport Congress Dates: Not yet available (Previous events have been held in November) Location: Not yet available Costs of Registration: Not yet available p. 2021 Global Eco Asia-Pacific Tourism Conference Dates: Not yet available (Previous events have been held in December) Location: Not yet available Costs of Registration: Not yet available For those conferences where details of the Conferences were not available at the time of this report, Councillors will be advised by email of the specific details. Councillors will also be advised further in relation to the above conference as conference dates get closer and will be provided updates of changes in conference arrangements in response to COVID19 restriction changes. It is acknowledged that the above list may not include all conferences which may be available in the upcoming year. Conferences additional to those listed above which warrant consideration of attendance by Councillors will be reported individually to the Council once their details are advertised.

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

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Financial Implications: Funds are available for Councillors to attend these conferences. The expenses relating to Councillors’ attendance at conferences and other expenses are published annually on the Council’s Website

SA20.239

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SA20.240 Code of Conduct and Code of Conduct Procedures - Changes to Model Code to be reflected in Council Policy Documents

HPERM Ref: D20/484863

Section: Business Assurance & Risk Approver: Kevin Voegt, Director - City Performance

Attachments: 1. DRAFT - Amended Code of Conduct (under separate cover) ⇨ 2. DRAFT - Amended Procedures Code of Conduct (under separate cover)

Reason for Report To provide Council with the amended Council documents for adoption which reflect amendments to the Model Code of Conduct and Code of Conduct Procedures which have been enacted.

Recommendation (Item to be determined under delegated authority) That Council adopt: 1. The amendments to the Code of Conduct (provided as Attachment 1 to the report)

including the increase in the cap on Gifts and Benefits at $100 outlined in the enacted SA20.240 revised Model Code 2. The amendments to the Code of Conduct Procedures (provided as Attachment 2 to the report) reflecting the amendments the enacted revised Model Procedures.

Options 1. Adopt the attached documents which reflect the enacted changes to the Model Code of Conduct and the Code of Conduct Procedures Implications: Council’s policy documents will reflect the changes to the Model Code which are in place for dealing with Code of Conduct Matters

2. Not adopt the attached documents Implications: The provisions enacted by the changes to the Model Code will require to be implemented in dealing with conduct matters, but the Council’s Policy documents will be incorrect.

3. Made amendments to the documents before adoption Implications: There are limitations on what amendments can be made and public consultation will be required for changes which do not align with the Model Code of Conduct and / or Procedures. Should the Council wish to make further changes it is suggested that the Council resolve at this time to adopt the documents provided and further resolve for a report from the CEO to address any further changes proposed.

Background The Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct (Model Code Procedures) are prescribed under section 440 and 440AA of the Local

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Government Act 1993. The 2020 Model Code of Conduct and Model Code Procedures were prescribed and commenced on 7 August 2020.

Amendments to the Code of Conduct In the Circular 20-32 Amendments to the Model Code of Conduct for Local Councils in NSW and Procedures which announced the changes, the following changes were outlined: • “The Model Code of Conduct has been amended to: • remove as a breach, failure to comply with a council resolution requiring action in relation to a code of conduct breach (because it is now redundant) • update the language used to describe the various heads of discrimination in clause 3.6 to reflect more contemporary standards • include in the definition of council committee and council committee members, members of audit, risk and improvement committees (ARICs) in anticipation of the commencement of the requirement for all councils to appoint an ARIC

following the next local government elections.

• Amendments have also been made to the gifts and benefits provisions of the Model Code of Conduct in response to feedback from some councils. The amendments: • lift the $50 cap on the value of gifts that may be accepted to $100 • clarify that items with a value of $10 or less are not “gifts or benefits” for the purposes of the Model Code of Conduct and do not need to be disclosed • clarify that benefits and facilities provided by councils (as opposed to third parties) to staff and councillors are not “gifts or benefits” for the purposes of

the Model Code of Conduct, and SA20.240 • remove the cap on the value of meals and refreshments that may be accepted by council officials in conjunction with the performance of their official duties. • Councils are not obliged to amend their codes of conduct to lift the cap on the value of gifts that may be accepted if they do not wish to. It is open to councils to retain the existing $50 cap or to impose another cap that is lower than $100.”

Attachment 1 to this report demonstrates the changes to the Council’s existing Code of Conduct using ‘tracked changes. The changes to the document being shown in blue text, including the following significant changed provisions: • Section 3.6 which outlines discrimination now provides further clarity on racial discrimination which could apply to colour, national or ethnic origin or immigrant status, and reflects updated language with respect to family responsibilities and gender identity and status; • Section 6.2 (a) which removes items with a value of less than $10 and (d) which removes gifts or benefits from the Council to an employee or Councillor from the definition of a gift, benefit, or hospitality; • Sections 6.8 to 6.11 which increases the limit for gifts, benefits, and hospitality from $50 to $100; and • Section 8.19 restricts conversion of property of the Council to personal ownership without proper authorisation.

Amendments to the Procedures In the Circular 20-32 Amendments to the Model Code of Conduct for Local Councils in NSW and Procedures which announced the changes, the following changes were outlined: • “Consistent with the Supreme Court’s decision, councils have the following options when taking disciplinary action against councillors for breaches of their codes of conduct under the new Procedures:

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• that a councillor be formally censured for the breach under section 440G of the Local Government Act 1993 (the Act), or • that a councillor be formally censured for a breach under section 440G and the matter referred to OLG for further disciplinary action under the misconduct provisions of the Act. • The process for censuring councillors for breaches of the code of conduct has been significantly strengthened to ensure councillors are made publicly accountable to their electors for their conduct. When censuring councillors, councils are required to specify in their resolution the grounds on which the councillor is being censured by disclosing the investigator’s findings and determination and any other grounds that the council considers may be relevant or appropriate. • Councillors may seek to avoid public censure for breaches of the code of conduct by voluntarily agreeing to undergo training or counselling, to apologise for their conduct or to give undertakings not to repeat their conduct before the investigator finalises their report to the council. Investigators can finalise their investigations without a report to the council where they consider these to be an appropriate outcome to the

matter they are investigating. However, it will remain open to investigators to finalise their report and to recommend censure where they consider this is appropriate and warranted. • The process for referral by councils of code of conduct breaches by councillors to OLG for further disciplinary action under the misconduct provisions of the Act has been streamlined. Investigators are required to consult with OLG before recommending the referral of matters to ensure the conduct in question is sufficiently

serious to warrant disciplinary action for misconduct and that there is sufficient SA20.240 evidence of the breach to allow OLG to take further disciplinary action. • Other amendments have been made to the Procedures to: • allow panels of conduct reviewers to be appointed without a resolution of the council, and • allow the referral of investigators’ reports to OLG for action under the misconduct provisions of the Act where the council will not have a quorum to deal with the matter.

Attachment 2 to this report demonstrates the changes to the Council’s existing Procedures for the Code of Conduct using ‘tracked changes’. The significant changes being to the following provisions: • Definitions of council committee and council committee member amended to include members of the Council’s Audit, Risk, and Improvement Committee • The removal of a requirement for a Council resolution for the establishment of a panel of Conduct Reviewers (Clauses 3.1, 3.2 and 3.10) • Investigations are limited to those situations where the alleged conduct is sufficiently serious to warrant the formal censure of a councillor under section 440G of the LGA or disciplinary action against the general manager under their contract of employment ( Clauses 6.22 and 6.24). • Changes to Final Investigator report and Council report consideration provisions to reflect the changed investigation limitations, including removal of sanctions which were previously permitted to be recommended by the Investigator (Clauses 7.31 to 7.61). • Changes to the sanctions available to the Office of Local Government in line with the investigation restrictions above (8.19 -8.21)

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Community engagement As Council is adopting the Model Code of Conduct and the Procedures for Administration of the Code of Conduct as prescribed and with unchanged content to the versions published on the Office of Local Government website, there are no consultation processes for Council associated with this report. These documents were immediately effective upon release, so it is important that Council adopt these. If the Council wishes to make amendments further to those in the attached documents, a consultation process will be required.

Policy Implications Adoption of the Code of Conduct and Model Code Procedures will rescind the previously adopted versions, which were based on the Office of Local Government - Model Code of Conduct and Model Code Procedures of 2018. Risk Implications

Adoption of the Code of Conduct and Model Code Procedures will ensure Council is complying with the Local Government Act 1993.

SA20.240

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SA20.241 2021/22 Budget Parameters

HPERM Ref: D20/528633

Section: Finance Approver: Kevin Voegt, Director - City Performance

Reason for Report To seek adoption of the budgeting strategies and economic parameters to guide the preparation of the 2021/22 Draft Budget.

Recommendation (Item to be determined under delegated authority) That Council adopt the following budgeting strategies and economic parameters for the

preparation of the 2021/22 Draft Budget:

1. Principal budgeting strategies: a. The budget will not result in an unrestricted cash deficit. b. Prioritise funding in the following order: i. Provide sufficient funding for all continuing services. ii. Continue Council’s commitment to asset renewal.

iii. Continue a program of capital improvements at similar budget levels and ratios. SA20.241 iv. Provide funding for recommended service expansions. c. Maintain or improve Council’s financial and asset management performance indicators reported in the annual financial statements. d. Maintain an adequate working funds balance. 2. Economic parameters: a. Rates are increased by 2.6% to cover known additional costs in 2021/22 with the additional loan repayments funded from reduced capital expenditure. b. User fees and charges are increased by 2%. c. Salaries and wages will be increased by 2%. d. Materials and other expenditures increased by 0.50%. e. The capital works program has the same level of general funding as 2020/21, with the additional loan repayments for the new loans in 2020/21 funded from this allocation. f. Borrowing for capital works is limited to Council businesses where an external funding source for the loan repayment can be identified. g. Should the need arise during the year for additional borrowings, the following options in priority order will be considered: i. Internal borrowing opportunities. ii. Low cost loan initiative. iii. External loans not subsidised by the low-cost loan initiative.

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Options 1. Adopt the recommendation as printed Implications: The budget preparation can commence

2. Suggest and alternate recommendation Implications: The budget preparation can commence

Background In response to feedback received from Councillors that they be engaged earlier in the budget preparation process each year, it is proposed that Council’s budget preparation process be amended to include the following: • An executive summary of the state of Council’s assets

• Adoption of a high-level budget strategy and economic parameters by Council;

• Preparation of detailed operating and capital budgets by staff, guided by the adopted budget and economic parameters; • Comprehensive management review and development of options to balance the budget; • Councillor workshops on both the operating budget and capital works program and

options to balance the budget SA20.241 • Presentation of the draft budget to the Council; • Final consideration and adoption of the draft budget for inclusion in the draft Operational Plan for public exhibition; and • Adoption of the annual budget following consideration of any submissions from public exhibition of the draft Operational Plan. With much work needed to be undertaken in January to enable an earlier presentation of the draft budget to Council, adoption of the budget strategy and parameters by the Council now is a new step in budget preparation cycle that will enable staff to undertake that work in January with an improved level of confidence that the draft budget, when discussed at budget workshops and ultimately presented formally for consideration, will meet Councillors expectations. It is also considered that this additional step makes the budget preparation more transparent and efficient with strategic priorities and budget constrains being identified further in advance. Summary of the State of Council’s Assets Council’s annual report on Infrastructure assets, which is included in the financial statements, identifies that: • Asset Gross replacement cost (GRC) is $3,587M and written down value (WDV) is $2,213M. That is Councils assets are on average have expired 38.3% of their expected life and a large number of assets are in poor to very poor condition which is below customer expected levels of service. • Council assets require annual maintenance of $73M and Council currently is funding $64M a funding gap of $9M annually. Each financial year that required maintenance is not being fully funded increases risk and customer satisfaction decreases as these services being provided from the assets become less fit for purpose, reliable, safe and secure.

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Asset Maintenance Ratio = Actual Asset Maintenance Required Maintenance

Target 100% 2020 2019 General Fund 78.19% 80.14% Water Fund 99.95% 99.93% Sewer Fund 99.97% 99.99% • Each financial year the number of assets in poor to very poor is increasing. The current estimated backlog cost is $56M to bring Poor and Very Poor assets to a satisfactory condition/ standard and to meet the community’s needs identified in the Community Strategic plan (CSP).

Asset in Poor to Very Poor Condition: Roads 8.8%

Stormwater 11.0% Open Space and Recreation 21.3% Other 6.0%

Water 3.0% Sewerage 3.0%

Asset in Satisfactory Condition SA20.241 Roads 28.8% Water 20.0% Open Space and Recreation 21.1% Other 46.0%

Sewerage 20.0% Stormwater 25.0%

Note: With Maintenance being underfunded in the General Fund, these assets are likely to fall into the Poor to Very Poor Condition in the coming years.

Proposed Budget Strategies and Parameters Management is seeking Council to adopt the following principal budgeting strategies for the preparation of the 2021/22 budget: 1. The budget will not result in an unrestricted cash deficit (i.e., a balanced budget) 2. Prioritise funding in the following order: a. Provide sufficient funding for all continuing services b. Continue Council’s commitment to asset renewal c. Continue a program of capital improvements at similar levels as previous years d. Provide funding for unavoidable cost increases and agreed service expansions 3. Maintain or improve Council’s financial and asset management performance indicators reported in the annual financial statements. 4. Maintain an adequate working funds/liquidity balance.

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The following economic parameters are recommended for adoption. General Rates Increase The table below illustrates options for rates increases ($’000). Rate Increase Options 2020/21 Option 1 Option 2 Option 3 Option 4 Permissible Cover known Cover known income Rate Peg increases (exc. increases (inc. Fully Recover

Only additional loan additional loan SRV Catch up (+0.5% repayments) repayments) growth) 2.00% 2.60% 4.38% 4.98%

Rates Yield 79,950 81,549 82,029 83,449 83,932

Total rate increase 1,599 2,079 3,499 3,982

$ SRV (increase above 480 1,900 2,383 Rate Peg) Remaining $SRV 2,383 1,903 483 0 catch up

Please note that Council has an approved SRV that wasn’t taken up last financial year and can apply S511 of the Local Government Act to catch up on the shortfall, the four options

explore the amount of SRV and remaining catch up. The total of the catch up is $2,383K. SA20.241

Option 1 – Rate Peg Only The Independent Pricing and Regulatory Tribunal (IPART) has announced that the Rate Peg for the 2021/22 year is 2.0%. The Local Government Cost Index for the year ending 30 June 2020 is 1.8% and an adjustment of 0.2% for the cost of the 2021 local government elections has been added. The 0.2% for elections equates to $160K, compared to the estimated cost of the election for Shoalhaven City Council of $663K in 2021/22 (0.83% additional rate increase). A rate increase of 2.0% will be insufficient to compensate for the reduction in interest income and to fund an increase in employee costs (Award increase) and other known additional costs for 2021/22 outlined in Option 3.

Option 2 – 2.6% increase – cover known increases (excluding additional loan repayments) This option will generate additional revenue of $2.1M, including an additional $480K SRV, leaving $1.9M remaining to catch up in future years. This option is considered to be the most appropriate as the 2.6% increase will cover the known increases in operational expenditures outlined in option 3 below, except for the additional loan repayments that can be covered by a reduction in the capital works program. 2.6% is the minimum rates increase required for the Council to have a balanced budget and maintain consistent capital works program.

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Option 3 – 4.38% increase – cover known increases (including additional loan repayments) This option will cover Council’s known net cost increases (summarised below) Component Increase (‘000) Labour 2% $650 Materials & other expenses 0.5% $220 Loan Repayments $1,234 Reduction in Interest Income $1,041 Election Expense $373 $3,518

The above items are funded from rates revenue or affect the general-purpose revenue of Council. The award labour increase for 2020/21 is 2%, Council currently has $31.5M of labour costs

funded from general rates. Materials and other expenditure funded from general rates is $43M, an increase of 0.5% has been applied. This increase is in line with the pricing indicators, as outlined below in Economic Parameter 4. There is a large borrowing program for capital works in 2020/21, some of the additional loan repayments will be funded from additional revenue or reserves (Holiday Haven and Waste Management). For the remaining loans, the additional loan repayments for 2021/22 is $1.2M. The interest that Council earns on investments is decreasing. Applying an interest rate of 1% SA20.241 will reduce the expected interest by $1M. The last known cost is the local government elections, Council has $145K in the budget for 2020/21 and $518K for 2021/22 (increase of $373K from 2020/21). If all of these known increases are funded by rates, an increase of 4.38% is required. This will result in $1.9M of SRV, leaving $483K remaining to catch up.

Option 4 – 4.98% increase – fully recover SRV catch up This option is the maximum that Council can increase rates by. This will result in a total rate increase of $4M, with the full SRV of $2.4M being caught up. After the known additional costs are funded, $891K will be available to be spent on additional renewal, expansion, or other improvements.

Recommendation – Economic Parameter 1 Option 2 - Rates are increase by 2.6% to cover known additional costs in 2021/22 with the additional loan repayments funded from reduced capital expenditure.

User Fees and Charges Council’s fit for the future submission included a strategy to increase user fees and charges by 4% each year to allow these services to move towards full cost recovery. This strategy has been followed for fees that are not set by legislation. It is considered that this higher than CPI increase has reached the affordability limit of the public and Council is starting to see a decline in visitations. It would be reasonable to increase these by the rate peg. This will cover the anticipated costs including increase in employee costs in these areas and ensure affordability for the community.

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Recommendation – Economic Parameter 2 User fees and charges are increase by 2%

Employee Costs The salaries and wages increase are published in the Local Government (State) Award, the current Award has an increase of 2% for the 2021/22 financial year. Salaries and wages operational budget for the General Fund is $81 million and 2% increase will result in $1.6 million of additional costs. Please note that the superannuation guarantee is planned to increase from 9.5% to 10% on 1 July 2021. This increase can be absorbed by a reduction in the defined benefits employees who retire during the year and from any vacancies. Recommendation – Economic Parameter 3 Salaries and wages will be increased by 2%

Materials and Other Expenditure With the current downturn in the economy the inflation rate is quite low. The following table illustrates the change in some of the pricing indicators for the year to September 2020: CPI 0.26% Other heavy and civil engineering 0.94% construction Heavy and civil engineering construction 0.51% SA20.241 Australia

A realistic materials and other expenditure rate to adopt would be 0.5%, this will allow Council to continue to focus on stimulating the economy and improving the level of service to the community. Recommendation – Economic Parameter 4 Materials and other expenditures increase by 0.5%

The Capital Budget General funding The 2020/21 financial year saw a large capital budget being adopted by Council. It is Council’s aim to complete these works by the end of June 2022. General Fund $’000 Buildings and Property 14,444 Commercial Undertakings 8,377 Community and Culture 1,316 Economic Development 8,213 Environmental Management 1,595 Fire Protection and Emergency Services 1,376 Internal Corporate Services 8,984 Land Use Planning 11 Open Space, Sport and Recreation 19,556 Regulatory Services 53 Roads and Transport 40,726

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Waste and Recycling Program 22,219 Water and Sewer Services 459 127,329 Water Fund Internal Corporate Services 1,093 Water and Sewer Services 22,717 23,810 Sewer Fund Water and Sewer Services 20,080 20,080

The Capital Works Program was funded the following way: Funding Source $'000 General Fund 18,710 Loans 40,751 Grants 24,989 Special Rates Variation 7,915 Waste Management 7,219 Plant Replacement 6,299 S711 recoupment 6,058

Other Reserves 15,388 SA20.241 127,329 Water Fund 23,810 Sewer Fund 20,080

As the year progresses the timing of the capital projects will be assessed and reforecast into the 2021/22 financial year during the quarterly budget reviews. This large capital budget also saw large borrowings with an annual impact on the general funds of over $1.2M for the repayments over the next 10 years. Assuming rates increase of 2.6% or less, in order to maintain a balanced budget it is strongly recommended that the additional loan repayments be funded from the future capital works program allocation. The general fund component of the capital works program was $19M, it is good practice to ensure similar funding is provided. The general fund component of the capital works program should be to the amount funded in 2020/21. The detailed funding strategy for the new loans taken up in 2020/21 will need to be considered as part of the Councillor budget workshops. Recommendation – Economic Parameter 5 The capital works program has the same level of general funding as 2020/21, with the funding strategy for the additional loan repayments for the new loans taken up in 2020/21 to be considered during the Councillor budget workshops.

New Borrowings The 2020/21 capital works saw the largest borrowings for general fund since the entertainment centre was built during 2007. These large borrowings result in large repayments. Some of the loan repayments will be funded through additional income generation or through reserves. There are $21.5M of loan projects in the 2020/21 capital program that will need to be repaid with general revenue.

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Whilst the current environment for borrowings is favourable with low interest rates being offered, the current year’s large capital works program, the larger borrowings, natural disasters and pandemics has put a strain on Council finances and it is recommended that Council borrows when an external funding source for the loan repayments can be identified. Should the need arise during the year for additional borrowings, the following options in priority order will be considered: 1) Internal borrowing opportunities 2) Low cost loan initiative 3) External loans not subsidised by the low-cost loan initiative. Recommendation – Economic Parameter 6 Borrowing for capital works is limited to Council businesses where an external funding source for the loan repayment can be identified. Recommendation – Economic Parameter 7

Should the need arise during the year for additional borrowings, the following options in priority order will be considered: 1) Internal borrowing opportunities 2) Low cost loan initiative 3) External loans not subsidised by the low-cost loan initiative.

Conclusion SA20.241 As continually reported through the quarterly budget reviews, and as evidenced in the June 2020 Financial Statements, Council’s financial position remains solid – despite the series of natural disaster experienced in the Shoalhaven in recent times. Prudent financial management is a key priority for both staff and councillors in maintaining this solid financial and the improved transparency in the budget setting process is a further step forward in retaining and strengthening community confidence in Council’s systems, processes and procedures.

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SA20.242 Purchase of a Property in Ulladulla

HPERM Ref: D20/534328

Approver: Robert Domm, Director - City Futures

Reason for Report This report provides Council with the opportunity to consider a confidential report for the proposed purchase of a property in Ulladulla. Further information is provided in a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993 - Commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to prejudice the effective exercise by an agency of the agency’s functions.

Recommendation (Item to be determined under delegated authority) That Council, in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, consider a separate confidential report in relation to the proposed purchase of a property in Ulladulla. SA20.242

Options 1. Proceed in accordance with the recommendation Implications: Council will be able to consider a separate confidential report on the proposed property purchase.

2. Not adopt as recommended Implications: Council will not consider the confidential report

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SA20.243 Request for Seed Funding - Local RFS Capital Works Program

HPERM Ref: D20/469241

Approver: Paul Keech, Director - City Services

Reason for Report Update Council on the revised priorities and status of RFS unfunded capital projects and to provide an option for Council to support the RFS and provide “seed funding” to advance projects to a “shovel ready” status.

Recommendation

That Council:

1. Note that at the Rural Fire Service Strategic Planning Committee meeting on 14 May 2020 the committee adopted the following priority list for station developments: • Currarong Station • Conjola Station • Manyana Station • Tomerong Station

• Wandandian Station SA20.243 • Basin View Station • Training/Logistics/SMSS Facility (TLSF) • Huskisson Station, and • Beaumont Station. 2. Allocate $100,000 in the Draft 2020/2021 budget to allow for advanced design work to be completed and thus maximise the possibility of obtaining sufficient State Government funding to develop these stations – noting that design funding will be part of any funding arrangement.

Options 1. Accept the recommendation. Implications: Allows RFS priority projects to develop to “shovel ready” status.

2. Provide another level of Seed Funding Implications: Allows RFS priority projects to develop to “shovel ready” status.

3. Provide Seed Funding over two financial years. Implications: Allows RFS priority projects to develop to “shovel ready” status.

4. Not accept the recommendation Implications: RFS priority projects will not progress to “shovel ready” status.

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Background The Rural Fire Service (RFS) and Shoalhaven City Council (SCC) have been working collaboratively over many years to deliver infrastructure vital to the service’s delivery needs. At the NSW RFS Shoalhaven District Liaison Committee meeting on 10 September 2020 the Director City Services provided a capital update report on current RFS station works. Highlights included. • Completion of the Shoalhaven Heads building extensions, with finalisation of the occupation certificate issued July 2020 well ahead of schedule. • Issuing of a Staged Development consent and application of Construction Certificate for the stage 1 earthworks, providing a platform for the future brigade building. Other projects include Tabourie Station extension where a cost estimate has been prepared; however, this project requires a budget of $30,000 to progress to “tender ready” documentation. A requirement of the service to be considered for funding.

Minutes of the Rural Fire Service Strategic Planning Committee 14 May 2020, report RF20.3 “Rural Fire Service – Future Works” details the requirement for all future projects to be “shovel ready” to meet eligibility criteria for any capital funding. The minute called for the updated status of unfunded capital works projects; however also highlighted the need for funding to get RFS projects “shovel ready”.

SA20.243

REPORTS

RF20. Rural Fire Service - Future HPERM 3 Works Ref: D20/1655 Clr Pakes, Mark Williams and Marc Donnelly had met and discussed the current projects and their ranking in the future works list. Significant funding opportunities were expected soon and it was imperative that RFS projects are “shovel ready” to be eligible for this funding. Councillor Pakes intended to lobby Council for funding to get the RFS projects “shovel ready”. Mark Williams noted that the projects on this list should be ranked as follows: (i) Currarong Station extension (ii) Conjola Station extension; (iii) Manyana Station; (iv) Tomerong Station alterations; (v) Wandandian Station extension; followed by the remaining projects. It was noted that: • It had been previously agreed that funds would not be spent on the Bendalong or Cunjurong Point stations but rather on the new station for the combined brigade; • Concerns were also raised with respect to the District training station as it was in a poor state of repair and that the District should try to secure SMS funds for the state-of-the-art Training, Logistics and SMSS Facility, and • There was an expectation that funds donated by the community would be used for local capital works on RFS stations. The recommendation was amended to provide for reprioritised list of capital works.

Recommendation (Item to be determined under delegated authority) That the Rural Fire Service Strategic Planning Committee notes the update on the status of unfunded capital works projects.

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RESOLVED (Mark Williams / Chris Palmer) That the Rural Fire Service Strategic Planning Committee notes the update on the status of unfunded capital works projects. CARRIED

Subsequently, at the Rural Fire Service Strategic Planning Committee on 10 September 2020, an updated list including the status of unfunded capital works projects was submitted for information. The following unfunded projects will remain in the Shoalhaven Capital Expenditure Program: • Currarong Station • Conjola Station • Manyana Station • Tomerong Station

• Wandandian Station

• Basin View Station • Training/Logistics/SMSS Facility (TLSF) • Huskisson Station, and • Beaumont Station.

Details of these project are included below:

September 2020 Revised Priorities – Future RFS Stations SA20.243 Rural Fire Service Future Works Project Scope of Works Estimated Cost Proposed Year 1 Currarong Possible two stage project with an Seed funding estimate Pending budget emphasis on ensuring that the (shovel ready): allocation station is suitable for the new $100,000.00. Total project generation Category 1 Tanker while estimate (not including also upgrading station facilities seed costs): $750,000.00 – including a multifunction room. rough estimate.

2 Conjola Community funding has been Seed funding estimate Pending budget offered for multifunction room build, (shovel ready): allocation following recent impacts of the $100,000.00. Total project Currowan Fire, it has been identified estimate (not including that further works including an seed costs): $750,000.00 – additional tanker bay would be rough estimate. beneficial.

3 Manyana The recent impacts of the Currowan Seed funding estimate Pending budget Fire, it has been identified that the (shovel ready): allocation current facilities are being quickly $150,000.00. Total project outgrown by our volunteers. The estimate (not including District Manager has identified a seed costs): $1,500,000.00 suitable, greenfield, location – rough estimate. between the villages of Bendalong and Manyana/Cunjurong Point that would provide a very effective location for a future fire station. Lot 7051 DP 1101639 is located on the south eastern side of the Inyadda Drive and Bendalong Road intersection. The land is vacant Crown Land. It is proposed that a portion of the land, approximately 100m x 100m (1 ha) be subdivided

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to allow for the future fire station to have frontage to both Inyadda Drive and Bendalong Road. 4 Tomerong Proposing to increase number of Seed funding estimate Pending budget tanker bays to accommodate (shovel ready): allocation significant growth of brigade $100,000.00. Total project membership and incident estimate (not including responses. seed costs): $500,000.00 – rough estimate.

5 Wandandian Centrally located within the District, Seed funding estimate Pending budget with direct highway access and (shovel ready): allocation within close proximity to approved $100,000.00. Total project RFS training grounds in the estimate (not including State Forest, seed costs): $750,000.00 – Wandandian Station provides a rough estimate. perfect location for major incident staging and district training activities. The proposed project would include large multifunction

room, additional storage and tanker bay, and formalised parking area.

6 Basin View To extend, renovate and merge the Approx Pending budget existing station buildings to provide Design/Survey/Invest/Proj allocation for housing of a partitioned kitchen, M't Cost =$50k Approx office, multifunction area and Const Cost = $500k (ex increased storage. major site works)

7 Training, Pending budget SA20.243 Logistics, allocation SMSS Facility (TLSF) (new) 8 Huskisson To extend and renovate the existing Approx Pending budget station building to provide for an Design/Survey/Invest/Proj allocation increased multifunction area, locker M't Cost =$50k Approx room and increased storage. Const Cost = $500k (ex major site works)

9 Beaumont To extend and renovate the existing Approx Pending budget station to provide for housing of a Design/Investigation/Proj allocation larger fire appliance (2013 Category M't Cost = $70k 1 dual-cab build specification); a construction $700k (ex partitioned kitchen, office, major site works) seed multifunction area and increased funding required storage.

Minutes of the Rural Fire Service Strategic Planning Committee 10 September 2020, report RF20.4 “Rural Fire Service - Future Works” provide record of the RFS District Superintendent explaining the RFS service would no longer allocate “seed funding” to prepare the project to a “shovel ready” state.

RF20.4 Rural Fire Service - Future Works HPERM Ref: D20/380837 The Currarong Station project had been added back into the RFS’s future capital works table as there was no funding available to get the project “shovel ready”. The District Superintendent explained that the RFS Head Office was no longer allocating “seed funding “ for capital works. RFS branches were now required to get projects “shovel ready” before the RFS would award funding to complete the project. The District

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Superintendent had made representations to Council to secure “seed funding” to get projects “shovel ready” and eligible for State funding. A report would be submitted to Council on the matter.

This report has been prepared and submitted to Council in consideration of the above minute RF20.4 of the RFS Strategic Planning Committee, 10 September 2020. Considering the majority of projects detailed in the revised priorities list require seed funding to a minimum of $100,000 and that “RFS Head office” / “State” requires RFS branches to have their projects “shovel ready” in order to qualify for RFS capital funding, this report puts forward to Council the option to support an allocation of $100,000 as a loan to provide “seed funding” for the planning and approval process of the highest priority projects.

Community Engagement Community engagement is conducted on a regular basis with RFS brigades through the

Shoalhaven RFS District Liaison and the RFS Strategic Planning Committees.

Policy Implications The $100,000 provided for Seed Funding would be in accordance with Council Policy POL 17/72 Loans Advance to Community Groups Policy

Financial Implications SA20.243 No implications for the current budget, or future budgets assuming the design costs are reimbursed.

Risk Implications The primary risk for Council relates to the contingent nature of the RFS branch infrastructure development and the service it provides to the local communities. The majority of RFS brigade members are volunteers and residents of the Shoalhaven communities. Providing support enabling this infrastructure development may contribute to increase awareness and voluntary resources to protect communities in an emergency situation. There also exists a financial risk to Council in the event that the RFS branch is unsuccessful in obtaining Capital Funding Contributions for the unfunded station projects. The loan would remain in perpetuation until repaid to council.

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SA20.244 Tender - Bank Revetment Works - River Road Shoalhaven Heads

HPERM Ref: D20/488642

Section: Works & Services Approver: Paul Keech, Director - City Services

Reason for Report To allow Council to consider the Tender Evaluation Panels’ recommendation concerning Tender Reference 61554E for the Bank Revetment Works - River Road, Shoalhaven Heads.

Recommendation (Item to be determined under delegated authority)

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

Options 1. Accept the recommendation and consider the matter in a confidential setting.

2. Defer the matter to a Councillor Briefing. SA20.244

Details The bank revetment works for River Road, Shoalhaven Heads has been developed in collaboration with the local community to provide protection of Council’s asset (River Road) from estuarine wave erosion as well as the provision of tourism infrastructure that will activate the foreshore along the . Council called Tenders for the construction of bank revetment works for River Road Foreshore Precinct on 6 October 2020 which closed on 5 November 2020. Eight (8) tenders were received at the time of closing.

Tenders Received Tenders were received from the following:

Tenderer Location Affective Services (Aust.) Pty Ltd Wollongong NSW Antoun Civil Engineering (Aust.) Pty Ltd Seven Hills NSW Cleary Bros Pty Ltd Port Kembla NSW Coastwide Civil Pty Ltd Kiama NSW Donnelley Civil Pty Ltd Wollongong NSW Jirgens Civil Pty Ltd Bomaderry NSW Land & Marine Ocean Engineering Pty Ltd Cammeray NSW MGM Civil Pty Ltd Hemmant QLD

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

Community Engagement: The Community requirements were incorporated through continuous consultation with the local community during development of conceptual design.

Policy Implications Nil

Financial Implications: The total budget for this project is $2.4M as per 2020/21 adopted budget and current Draft 10 Year Capital Works Program ($1.2M – grant funded and $1.2M Council contribution from the

general fund).

SA20.244

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SA20.245 Peak Season Preparations for known Traffic Hotspots in the Region

HPERM Ref: D20/529604

Section: Building Services Approver: Paul Keech, Director - City Services

Reason for Report This report is to allow Council to note the Peak Season preparations for known traffic hotspots in the region. This report does not consider/discuss long term infrastructure strategies to address these hotspots; it is focused on how we will manage these hotspots this summer.

Recommendation (Item to be determined under delegated authority) That Council: 1. Note the traffic management initiatives outlined in this report for the coming summer season at the following regular high-profile hotspots: a. Hyams Beach

b. Bendalong Village SA20.245 c. Jervis Bay Road and Princes Highway intersection d. The Princes Highway through Milton and the operation of Pedestrian Crossings e. The Princes Highway through Ulladulla and the congestion this creates getting around Ulladulla. 2. Undertake widespread communication of the traffic management initiatives through all available media strategies.

Options Nil, for noting

Background The Summer holiday season brings many visitors to the Shoalhaven and during this time many of the roads and public facilities become congested. Regular high-profile hotspots are: 1. Hyams Beach 2. Bendalong 3. Jervis Bay Road and Princes Highway intersection 4. The Princes Highway through Milton and the operation of Pedestrian Crossings 5. The Princes Highway through Ulladulla and the congestion this creates getting around Ulladulla. Traffic Management and information dissemination are the typical short-term management strategies.

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Consideration This year similar measures to last year are being prepared as follows: 1. Hyams Beach: Traffic Control measures will be placed on Booderee Avenue (at a roundabout at Illowra Lane) to turn visitors around before gridlock occurs within the village. This arrangement has been the subject of much consultation and works, with $50,000 being spent setting up the roundabout (in preparation for permanent works). The arrangement was successfully trialled over the October Long Weekend and it proved to be a simple and cost effective solution. The process to be employed over the summer season is as follows: • Four (4) Variable Message Board Signs (VMS) leading in from the Princes Highway along Jervis Bay Road to Booderee Avenue Hyams Beach will display messages reflecting traffic conditions and status of Hyams Beach • RMS Live Traffic will be used to inform travellers of delays and changes in traffic conditions at Hyams Beach • Three (3) Traffic Controllers managing the roundabout and traffic in the village each day from 26 December to 26 January depending on weather and visitation • Two Rangers in attendance each day from 26 December to 26 January to enforce parking compliance and illegal camping The above traffic control measures can be instigated at short notice if required for any other weekdays or weekends if visitation is high throughout the peak season.

2. Bendalong: A VMS located at the start of Bendalong Road with the message, ‘Rangers Patrol these Communities, Pre-Booked Camping Only, Fines Apply’, as has been done in previous peak seasons and as requested by the community through a previous Council SA20.245 report.

3. Jervis Bay Road: As with recent years, Transport for NSW (TfNSW) will again be using temporary traffic control to manage queuing and improve safety at the intersection with the Princes Highway. This will help alleviate congestion for westbound traffic accessing the Princes Highway from Jervis Bay Road. The traffic control measures will be in place from 18 December 2020 to 27 January 2021. The speed limit will be reduced to 80km/h for the duration of this period, and further reduced to 60km/h on identified peak days to enable the temporary traffic control to be implemented until traffic volumes have reduced for the day. The identified peak days when traffic controllers will be on site are as follows: • 18–24 December • 26 December – 4 January • 9–10 January • 16–17 January • 22–27 January

4. Milton Mainstreet (Princes Highway): As with recent years, Transport for NSW (TfNSW) will again be using traffic control staff to manage the usage of the pedestrian crossing. Traffic control staff will be onsite at this location between the hours of 9am to 3pm on the dates listed below: • 18–24 December • 26 December – 4 January • 9–10 January • 16–17 January • 22–27 January

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5. Ulladulla Congestion: This is a particularly difficult issue to manage; typically the strategy is to publish information to remind residents of the congestion and to suggest times when particular trips may be less busy.

Council Communication on Traffic Congestion over the summer period. Council's communications team will be promoting various Transport for NSW (TfNSW) programs over the summer period. TfNSW is the leading authority on traffic management and issue live updates, with alternate routes and detailed information via the NSW Live Traffic app and website. In addition to these promotions we will also be supporting Driver Fatigue, Little Blue Dinosaur-pedestrian awareness, Demerit Points and drink driving messages. Council’s media team will promote the use of the NSW Live Traffic app alongside Tourism's Conscious Traveller message and encouraging people to plan ahead for trips. This will be done through a media release at the start of the school holidays and periodic social media posts throughout the summer.

Consultation

Nil in preparing this report (other than discussions with TfNSW). The noting of this report by Council may prompt other hot spot considerations/initiatives.

Financial Implications SA20.245 Nil. Hyams Beach and Bendalong initiatives are funded.

Policy Implications

Nil.

Risk Implications Nil in noting this report.

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SA20.246 Report - Community Fire Unit (CFU) - Bendalong/Manyana/Cunjurong Point/Berringer Lake - Investigations of Options

HPERM Ref: D20/427955

Section: Technical Services Approver: Stephen Dunshea, Chief Executive Officer

Attachments: 1. Service Standard 2.1.13 - NSW RFS Community Fire Units (under separate cover) ⇨

Reason for Report This report provides information on options available for Community Fire Units in the

Bendalong / Manyana / Cunjurong Point / Berringer Lake areas.

Recommendation (Item to be determined under delegated authority) That Council 1. Note that the Red Head Villages Association and the Rural Fire Service have been in contact with each other and discussions around the possibility of establishing of a

Community Fire Unit have commenced. SA20.246 2. Write to the Red Head Villages Association advising that Council understands that they are engaging with the RFS management in respect to the possibility of establishing of a Community Fire Unit on the local area.

Options Nil

Background At its Ordinary Meeting of 25 August 2020, Council considered a Notice of Motion and resolved (MIN20.575) to: 1. Engage with the Red Head Villages Association to investigate options available for Community Fire Units (CFU) for the geographically isolated villages of Manyana, Cunjurong Point, Bendalong, North Bendalong, and Berringer Lake; 2. Provide a report back to Council following the investigations and provide information on options available to the communities. 3. The report specifically include the organisational structure of the community fire units and the issues of training, PPE, insurance and other relevant matters.

Organisation Structure of Community Fire Units take from Service Standard 2.1.13 – NSW Rural Fire Service Community Fire Units A. Community Fire Units operate under the direct management and control of either an existing Rural Fire Brigade or under a District Support Brigade such as Transport, Catering or other Logistic bases support. B. Each CFU operates within a designated area of operation as determined by the District Manager and consideration of:

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1. The number and nature of assets 2. The number of available CFU members 3. The link to the Bush Fire Risk Management Plan and ability to implement a risk treatment option 4. Historical fire behaviour/events in the area 5. Input of Local Brigades C. Each CFU must have a minimum of six members and comprise of a Leader, Deputy Leader and members. D. The appointed CFU Leader is the primary point of contact between the CFU, the District Office and the associated Brigade. E. A CFU member is someone who has been accepted into the NSW RFS through the membership application process and has successfully completed the CFU training courses.

F. The District Manager and Brigade Captain will call for nominations for Leader and Deputy Leaders of the CFU and ensure they have the necessary leadership skills. G. All CFU members must abide by Service Standard 1.1.7 Code of Conduct and Ethics, other NSW RFS Service Standards and all Federal and State Laws. H. Each CFU member will be provided with PPE which is to be worn at all times during the operation of the CFU. PPE will be issued on successful completion of training.

I. The placement of the CFU within the designated area of operation is to be discussed SA20.246 and agreed upon by the District Manager, the CFU leader and the local Brigade. J. If the location of the CFU is hosted by a member of the CFU it is to be accessible when the member is absent from their property. K. Only trained NSW RFS or CFU members may operate CFU equipment for use for NSW RFS operations. L. A CFU member may use their own vehicle to tow a CFU trailer providing the activity is an approved NSW RFS activity and the vehicle is registered and has full insurance coverage. M. CFU members are trained to: 1. Prepare their home and other properties by actively extinguishing spot fires and managing ember attack 2. Take shelter until the fire front has passed 3. Assist with mop up in their area of operation.

N. CFU members are not trained to: 1. Engage in direct firefighting attack on a bushfire 2. Undertake firefighting in the interior of a structure 3. Undertake major external structural firefighting. O. CFU members must follow evacuation orders given by the Police or other authorized personnel In response to this resolution, RFS Inspector Chris Palmer and Community Engagement Officer Paul Lyddiard met with the Manyana Rural Fire Brigade on Wednesday 9 September to discuss Community Fire Units introduction into the Red Head Villages area.

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The meeting noted that 1. Ten years ago, one hundred and fifty CFU trailers were built for around $20,000 each. The cost for individual items today would be substantially higher. 2. CFU are work best when manned by full time residents not holiday house owners. During RFS District Office discussions with the Manyana Rural Fire Brigade, their opinion was expressed that they are not supportive in principle to having a Community Fire Unit attached to their brigade as they do not have the resources to train and support the unit. They do not have a membership base or sufficient training members to maintain a CFU. The Manyana Rural Fire Brigade indicated they would rather community join the Brigade to increase membership and give them better 24/7 coverage, as there is a significant impost on the Brigade to train CFU members and then maintain the trailer operationally and ongoing training commitments. The Brigade acknowledged that in some areas with broader membership and more urban orientated they understand how these units could be valid but do not see any validity here. It was noted that the Currowan fire was the biggest fire within Shoalhaven’s fire history and identified that the residents of the Red Head Villages lost no property, so this indicates that the residents followed their Bush Fire Survival Plans and ensured that their properties were well prepared. The consensus was that CFU’s in this area could not be supported by the Manyana Rural

Fire Brigade and that residents should be encouraged to join the Brigade. SA20.246 On the 29 September 2020 the NSW Rural Fire Service (Chris Palmer – Acting District Manager) wrote to Patti Bartlett in response to the RHVAs desire to create a Community Fire Unit. It appears that the RHVA wrote to the RFs on the 15 February 2020. In their response the RFS apologised for the delay in replying and provided information with respect to the complexities and responsibilities in establishing a CFU. The letter closed off by saying: “Nothing in this letter should be interpreted as not considering the establishment of a Community Fire Unit, rather it is an awareness for those proposing the idea, so that they can understand what their obligations are should they decide to become members of a Community Fire Unit”

Community Engagement The RFS District Office propose further meetings with the community to gather their input however not scheduled at the time of writing this report due to operational activities with the commencement of the official fire season.

Financial Implications There are no financial implications for Council as Community Fire Units are the responsibility of the Rural Fire Service.

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SA20.247 Holiday Haven - Debt Write Off - Holiday Van Occupancy Fees - Income from Coin Operated Washing Machines

HPERM Ref: D20/534003

Section: Commercial Services Approver: Stephen Dunshea, Chief Executive Officer

Reason for Report To provide Council with an opportunity to consider writing off the following debts 1. Occupancy fees at Holiday Haven White Sands and Holiday Haven Currarong 2. Income from coin operated washing machines and dryers.

Further information regarding the occupancy fees is provided in a separate confidential report in accordance with Section10A(2)(b) of the Local Government Act 1993, which provides that matters concerning the personal hardship of any resident or ratepayer may be dealt with in a meeting which is closed to the public. Further information regarding the income from coin operated washing machines and dryers is provided in a separate confidential report in accordance with Section 10A(2)(d)(ii) of the Local Government Act 1993 as it contains information that would, if disclosed, confer a commercial advantage on a competitor of the council. SA20.247

Recommendation (Item to be determined under delegated authority) That Council, in accordance with Section 10A(2)(b) and Section Section 10A(2)(d)(ii) of the Local Government Act 1993, consider separate confidential reports to consider writing off the debts in relation to the following matters: 1. Occupancy fees at Holiday Haven White Sands and Holiday Haven Currarong 2. Income from coin operated washing machines and dryers

Options 1. Proceed in accordance with the recommendation. Implications: This matter will be considered by Council in a confidential meeting.

2. Propose an alternative and provide further direction to staff.

Background Council staff have been attempting to recover monies owed to Council in relation to the debts listed above. In the circumstances where it is considered that any further action taken to recover monies owing has very little chance of success, it is proposed that these debts be written off in accordance with the Local Government (General) Regulation 2005 – REG 213.

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SA20.248 Exhibition Outcomes - Draft Policy Fee Waivers - Ranger Services Unit

HPERM Ref: D20/422474

Section: Building & Compliance Services Approver: Phil Costello, Director - City Development

Attachments: 1. Draft Policy Fee Waivers - Ranger Services Unit ⇩ 2. Report to Strategy and Assets meeting - 21 July 2020 - Draft policy for fee waivers - Ranger Services ⇩

Reason for Report To consider the adoption of the Draft Policy Fee Waivers – Ranger Services (Refer

attachment 1).

Recommendation (Item to be determined under delegated authority) That Council adopt the Draft Policy Fee Waivers – Ranger Services Unit.

Options

1. Resolve as recommended SA20.248 Implications: The draft Policy has been developed to provide guidance and allow for authorised officers to waive fees in accordance with the criteria of the draft Policy. This will support the efficient and effective operations of the Ranger Services Unit including the Animal Shelter.

2. Not adopt as recommended Implications: Council will continue to struggle administratively with the social and financial aspects of the owners of the animals and articles that relate to these fees and charges. Not being able to reduce adoption rates will also see many animals and articles remain longer at the shelter.

Background Council previously received a report for the draft policy at its Strategy & Assets Committee meeting on 21 July 2020 (Refer Attachment 2). At that meeting Council resolved to advertise the draft policy in accordance with the requirements of Section 610E of the Local Government Act 1993. The draft policy was placed on public exhibition from Wednesday 12 August 2020 to Friday 11 September 2020 (refer attachment 1). No submissions were received.

Policy Implications Once endorsed, the draft Policy will be aligned with the requirements and processes within Council for fees and charges.

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Financial Implications Council will have to bear the cost to subside the fees and charges as required.

Conclusion It is recommended the draft Policy be adopted by Council.

SA20.248

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Attachment 1

- SA20.248

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Attachment 1

- SA20.248

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Attachment 1

- SA20.248

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Attachment 2

- SA20.248

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Attachment 2

- SA20.248

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SA20.249 South Mollymook Coastal Protection cost benefit analysis and impact assessment implementation

HPERM Ref: D20/471380

Section: Environmental Services Approver: Phil Costello, Director - City Development

Attachments: 1. South Mollymook Beach Cost Benefit & Distributional Analysis for Coastal Protection Works, Origin Capital Group 2020 (under separate cover) ⇨

Reason for Report

Advise Council of results of the final cost benefit analysis (CBA) and recommend to progress with detailed design, Environmental Impact Statement, and approval process.

Recommendation (Item to be determined under delegated authority) That Council:

1. Acknowledge the South Mollymook Beach Cost Benefit & Distributional Analysis for

Coastal Protection Works prepared by Origin Capital Group 2020; SA20.249 2. Seek a NSW State Government coast & estuary grant for detailed design for Option 4 – Seawall Protection Plus Amenity Nourishment 50 year design life for South Mollymook Beach to understand the full budget implications and inform further community consultation and Council’s future policy direction in relation to this matter; 3. Investigate public private partnership opportunities for funding the construction of replacement and future maintenance of the coastal protection structures at South Mollymook Beach; and 4. In the interim, Council continue to monitor and maintain the existing structures by implementing emergency action sub plan under the Coastal Zone Management Plan (CZMP) for the Shoalhaven Coastline 2018.

Background Mollymook is a particularly attractive spot in the Shoalhaven LGA featuring a sandy and patrolled beach. However, the current mix of seawalls that run from the buried sewage pumping station just south of the golf club through to the surf club boat ramp, about 295 metres, are in danger of being undermined by a major East Coast Low storm event. The probability of this happening is increasing over time as beach recession stemming from natural erosion and rising sea levels continues. The 2016 storm event was significant along the NSW coast where the Shoalhaven suffered significant damage particularly at Currarong. Mollymook was already recognised as a vulnerable site with the 2006 and 2009 Coastal hazard studies undertaken by SMEC as part of the Shoalhaven coastal management investigations. Other relevant investigations include the Shoalhaven Public Asset Coastal Risk Management Review (BMT WBM, 2012) and earlier investigations undertaken for the seawall at Mollymook Golf Club (MHL, 1992 and Maunsell, 2008). Maunsell (2008) established that the Club premises were at risk from coastal erosion over a 50-year period.

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Maunsell found that the beach frontage at the Club was protected by a gabion revetment but of insufficient capacity to provide 50 year protection due to a low and unacceptable Factor of Safety (FOS) against downslope failure, and because the fabric of the mattress could not be guaranteed for a further 50 years. It was found that the structure could be enhanced to meet the 50-year criterion by using it as an underlayer for a more robust cover protection. Extensions to the Golf Club building used piled foundations and avoided the strengthening of the gabion wall at that time. Exposure of the gabion mattresses fronting the Golf Club as a result of the 2016 east coast low, triggered investigations for upgraded foreshore stabilisation at South Mollymook Beach (Royal HaskoningDHV, 2016) due to public risk. Little is known about the design and construction of the three other seawalls at south Mollymook Beach. According to PWD (1987), the 1974 storms destroyed part of the road at the corner of Golf venue and Ocean Street. The block stone wall in this area was “not designed to resist major storm wave attack and although its foundations are reported to be tied into stiff clay, the size of the rock (blockwork) is inadequate”. There is also a major stormwater outlet at this location which aggravates sand loss from the beach in storms and within the stormwater pipeline system

under the road.

Concerns regarding the ongoing erosion risk saw additional studies undertaken. Royal HaskoningDHV “Mollymook CBA Coastal Hazard Assessment” dated 17 September 2018 assesses in detail the impact of coastal forces on South Mollymook beach. This Cost Benefit and distributional analysis (“CBA”) is a requirement under the NSW Coastal Manual to justify remediation costs above $500,000. As previously reported, Council, with the support from the Department of Planning, Industry and Environment (“DPIE”), commissioned the Royal HaskoningDHV’s assessment of coastal SA20.249 hazards and the preparation of this CBA. The completed CBA is contained in attachment 1. The following options were assessed as part of the CBA.

• Option 1 – Base Case “Business as Usual” This involves the retention of the existing seawall structures and their continued piece-meal maintenance until they experience 100 per cent damage due to storms. Shoalhaven City Council’s existing “make safe-make good” strategy continues. • Option 2 – Adaptive Land Use – This option allows the shoreline to advance landward. As the shore erodes, buildings and other infrastructure are either demolished or relocated inland with vacated areas rehabilitated for public use allowing for continued access to the shoreline. Option 2 is similar to Option 1, but for the earlier and less costly removal of the seawalls at 30 per cent damage (conventional coastal engineering measure for full structural failure) instead of waiting for 100 per cent damage (the structure is completely destroyed and all but washed away). After the earlier removal of the seawalls in Option 2, the beach width returns while in Option 1 the dilapidated and effectively failed seawalls have not been removed and beach width is reduced for a longer period; • Option 3 – Seawall Protection – A new seawall based on Royal HaskoningDHV 2016 concept design is constructed to protect 295m of shoreline from the southern end of South Mollymook beach to the Mollymook Surf Life Saving Club boat ramp; and • Option 4 – Seawall Protection Plus Amenity Nourishment – This option is Option 3 with new seawall protection plus sufficient beach nourishment to deliver a minimum Mean High Water (“MHW”) beach width of 10 metres. Beach nourishment campaigns of 5 metres are assumed to take place once the beach width recedes to the minimum 10 metre MHW beach width.

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In the real world of complex trade-offs and difficult to measure considerations, this CBA cannot be a definitive decision-making tool. Instead, it can inform stakeholders and their representatives of key implications of the choices to be made by assessing and comparing the options considered. The options demonstrate the essential trade-offs faced by the Shoalhaven community. Replacement of the current inadequate seawalls with new seawalls having a 50-year design life can protect the key shoreline assets along this section of the coast for the next 50 years. However, such protection is a double-edged sword in that the renewed seawalls would fix the location of the shoreline and in combination with rising sea levels, the beach would narrow reducing its attraction and the reason for visiting it. Hence, the number of beach users would be reduced (Beach Use Value) as well as the value the LGA community places on maintaining the current beach width (Beach Non-use Value). Royal HaskoningDHV in its report “Mollymook CBA Coastal Hazard Assessment” dated 17 September 2018 has assessed the impact of coastal forces on the South Mollymook Beach for a number of options developed and agreed by the Shoalhaven City Council and DPIE. Royal HaskoningDHV have analysed the probabilities for key measures of beach erosion impacts on coastal foreshores and structures which include in order of progression:

I. Zone of reduced foundation capacity (“ZRFC”) leading at some point to an unstable structure; II. Zone of slope adjustment (“ZSA”) leading to the undermining of foundations; and III. Zone of wave impact (“ZWI”) directly impinging upon structures including seawalls.

In addition, Royal HaskoningDHV has analysed the probabilities for beach width reduction SA20.249 under the various options.

Previous investigations have developed a concept design for upgraded foreshore stabilisation at South Mollymook Beach (Royal HaskoningDHV, 2016). The concept design comprises four-sections to protect 295 m of shoreline which are shown in the table below. Given the inadequacy of all of the existing seawalls in a design storm, the analysis assumes the new seawalls are constructed simultaneously at the outset of the study period providing community certainty and to minimise disruption.

Table 1: Description of Potential Sea Walls

Section Metres from South Existing Seawall Proposed 50-year Seawall No. End 2 0 m – 150 m Gabion revetment Replace with a rock revetment Fronting the Golf Club 3 150 m – 190 m Gabion revetment 40m stepped concrete or Northern end of Golf stepped sandstone wall and Club site include showers. 1 190 m – 245 m Sandstone block wall Retain existing sandstone wall Corner Golf & Pacific while incorporating appropriate backfill works and repairing the stormwater outlet.

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4 245 m – 295 m Concrete (Sandstone) 50m stepped wall in front of Partially fronting the block wall existing concrete wall. Surf Club

The major beneficiary of both New Seawall Options is the Mollymook Golf Club as a result of the protection afforded by the new seawall preventing the loss of its buildings, carpark and other associated property. The next major beneficiary is the Shoalhaven City Council who benefits from avoiding costs such as: i. Additional sewerage pumping station to service the properties in the corner area of Golf and Pacific; ii. Cost of cul-de-sacing Golf and Pacific; iii. Loss of foreshore parkland; and iv. Loss of rates for the 1 Golf Avenue strata units.

Therefore, it is recommended that Option 4 be fully costed through obtaining a NSW Coast & Estuary grant for detailed design, so that Council can consider the budget implications and investigate public-private partnerships to fund construction.

Community Engagement Draft reports were submitted to Councillors and presented to the Golf Club executive. The Golf Club executive were also consulted from inception of the project and provided input

including building valuations. SA20.249 Detailed design needs to be completed in partnership with NSW DPIE through a NSW Coast & Estuary grant so that the full budget implications are understood and can be considered by Council and community. Community consultation on options and costs can then be undertaken to inform council’s future policy direction on this matter.

Policy Implications The precise rate and extent of sea level rise is not currently known with certainty, however the upper and lower bounds of such changes have been estimated and in conjunction with local conditions, a range of probabilities for sea level rise have been estimated. As detailed above, progressing to detailed design to quantify costs will inform future community consultation, public-private funding investigations to inform Council’s future policy direction on this matter.

Financial Implications Benefit Cost Ratios have been analysed for Options 2, 3 and 4 based on an assessment of the costs and benefits of the schemes, applied over a 20 and 50-year planning period and a discount rate of 7% pa as required by the NSW Treasury. The results of the 50-year Cost Benefit Analysis are presented in the table below.

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Table 3: Results of the 50-year Cost Benefit Analysis

The results show that: Option 2 – Adaptive Land Use has the highest Benefit Cost Ration and a positive NPV. Option 3 – New Seawall Protection with a Benefit Cost Ratio of less than one and an NPV of $1.78 million less than the Base Case, does not generate an overall benefit to the

community.

Option 4 – New Seawall Plus Amenity Nourishment generates almost the same results as Option 3 – primarily because the beach nourishment exercise is insufficient to avoid the loss of the Beach Non-use Value caused by the new seawall. Beach nourishment costs are than offset by the improvement in Beach Use Values however the NPV effect is small as nourishment occurs late in the period analysed. The benefit would be larger if the nourishment program occurred earlier.

Each of the options were analysed over 20 and 50-years however, regardless of the period, SA20.249 the results are consistent and lead to the same conclusions. Graph 1: CBA NPV and BCR Results

Risk Implications The deterioration of the gabion sea wall fronting the golf club is being witnessed currently with significant emergency works @ $40,000 required again following the August 2020 storms, without the influence of a major coastal storm.

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Plate 1 & 2 – Beach Scrapping South Mollymook Beach

The Base Case probabilities of key assets being affected by the relevant coastal hazards are shown in the table 4 below.

Table 4: Base Case Probability of being affected by Relevant Hazard SA20.249

The table shows that the sewerage infrastructure and Golf Club building are currently at serious risk, increasing dramatically by 2038. In the case of the Sewerage Pump Station this risk is almost completely mitigated by the strength of the structure and its embedment in rock. In the case of the Rising Main, it has reached the end of its life and as is intended to be replaced in 2021 and relocated such that it will be unaffected by beach recession once relocated. The risk for the Surf Club and 1 Golf Ave rises over time and is significant and serious by 2038 and 2068, respectively.

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SA20.250 Tenders - Lake Conjola Coastal Management Plan

HPERM Ref: D20/525957

Section: Environmental Services Approver: Phil Costello, Director - City Development

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

Recommendation (Item to be determined under delegated authority) That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993. SA20.250

Options 1. Accept the recommendation and consider the matter in a confidential setting 2. Defer the matter to a Councillor Briefing

Details Shoalhaven City Council (Council) invited Tenders for the carrying out of a Coastal Management Plan (CMP) for Lake Conjola in accordance with the Request for Tender (RFT). The primary purpose of a CMP is to set out the long-term strategy for co-ordinated management of land within the coastal zone to meet local needs over a defined implementation period. CMPs should consider management issues and opportunities that relate to each of the four coastal management areas (where applicable): • Coastal wetlands and littoral rainforest areas • Coastal vulnerability areas • Coastal environmental areas • Coastal use areas

A CMP for Lake Conjola is to be prepared in accordance with the NSW Government’s Coastal Management framework including the requirements of the Coastal Management Act 2016 (CM Act), the State Environmental Planning Policy (Coastal Management) 2017 (CM SEPP) and the NSW Coastal Management Manual parts A and B (the Manual). Preparation of the CMP involves progressing through each of the five stages outlined within Part B of the manual. Stage 1 – Scoping Study has already been written and adopted by Council. The scoping study was written as one document covering the entire open coast and estuaries within the LGA. The scoping study identified that a full CMP is required for Lake

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Conjola Estuary. This will require the gathering of new detailed data on estuary processes and health, as well as issues and threats, engagement with the local community and stakeholders to identify current threats and values and new management actions. The CMP will need to provide an ongoing strategic document that will guide the management of the Lake Conjola Estuary into the future.

Tenders Received Tenders were received from the following:

Tenderer Location Advisian Level 17, 141 Walker Street North , NSW 2060 Rhelm 50 Yeo Street Neutral Bay, NSW 2089

Royal Haskoning DHV Level 14, 56 Berry Street,

North Sydney, NSW 5000 JBPacific Suite 46, The Johnson Hotel, 477 Boundary Street, Spring Hill, QLD 4000

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

SA20.250 Community Engagement: Lake Conjola Community Association and the Red Head Villages Association have been actively involved throughout the CMP process. Feedback was provided during the consultation stages of the Scoping Study, and comments provided to the draft brief of the Lake Conjola CMP Tender Project Brief for consideration prior to the Tender being advertised. After the Tender submissions were received, and the RFT closed, the CCBs were invited to nominate 1-2 members in total to review the submissions in Council’s offices in Nowra. The nominated members were subject to compliance with Council’s procurement and governance policies. This required them to sign Council’s Confidentiality Agreement, Declaration of Interest and Pecuniary Interest forms. Dirk Treloar and Michael Brungs from Lake Conjola Community Association CCB, and Lexie Meyer from Red Head Villages Association, met at Council on 17 November 2020 from 9:30am to 4:15pm. Maddison McAndrew, Senior Administration Officer, was present in the room with the members for their review, and minuted their response to the Tenders received. Leslie Reid, Natural Resource Officer, and Kelie Clarke, Section Manager for Environmental Services welcomed the members, and were available throughout the day to answer questions. At the end of the meeting, the minutes were circulated in confidence with those present to confirm the accuracy of the minutes and signed off in agreeance. These minutes were then shared with the Evaluation Team.

Policy Implications Council is bound by State Legislation to prepare Coastal Management Programs. Council has an existing Coastal Zone Management Plan (CZMP) that was adopted by Council, and certified by the Minister for the Environment. The CZMP has been prepared in

Strategy and Assets Committee – Tuesday 08 December 2020 Page 78 accordance with the Coastal Protection Act, 1979, its associated Guidelines for Preparing Coastal Zone Management Plans (Office of Environment & Heritage (OEH), 2013), and other relevant NSW legislation. The Coastal Management Act 2016 (the Act) that commenced on 3 April 2018 replaces the aforementioned Coastal Protection Act 1979. The Coastal Management Act mandates the requirement for local councils with land within coastal zones to prepare a CMP in accordance with the Coastal Management Manual. The CMP places emphasis on implementation of coastal management by requiring the program to be given effect within the Councils’ strategic planning documents such as their Integrated Planning and Reporting (IP&R) framework.

Financial Implications: At Council’s Ordinary Meeting on Tuesday, 25 June 2019, MIN19.438, it was resolved that Council would allocate the following funds to Lake Conjola for next financial year:

• An allocation of $140,000 is provided to match the NSW State Government grant allocation which has been provided to undertake the independent Coastal Zone Management Plan process; • A further $143,000 was also retained to fund works in the channel and maintenance requirements.

Council was granted an extension by DPIE for the commencement of the works outlined in the Grant agreement. The extension time allowance is due to expire in December 2020, and it is required that Council move forward with selecting a successful tenderer, or forfeit the SA20.250 grant funds back to the state government.

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SA20.251 Reclassification of Land - Lot 1151 DP 1159783 - Larmer Avenue, Sanctuary Point

HPERM Ref: D20/356585

Section: Technical Services Approver: Phil Costello, Director - City Development

Attachments: 1. Plan - Proposed reclassification - Lot 1151 DP 1159783 Larmer Ave Sanctuary Point ⇩

Reason for Report To provide the Council with an opportunity to consider the reclassification of the land described as Lot 1151 DP 1159783 Larmer Avenue, Sanctuary Point from Operational Land

to Community Land.

Recommendation That Council reclassifies the land described as Lot 1151 DP 1159783 known as BHERWERRE WETLAND from Operational Land to Community Land as shown on attachment 1 (D20/507881).

Options SA20.251 1. Resolve the recommendation Implications: The Community classification will provide accessibility of the reserve for passive recreational use in a natural bushland setting and protection of the significant flora and fauna biodiversity.

2. Not resolve as recommended. Implications: The land will remain as Operational Land as previously resolved by Council outlined in MIN12.1198.

Background Council acquired Lot 1151 DP 1159783, known as BHERWERRE WETLAND on 13 November 2012 for the sum of $900,000.00. A Confidential Report went to Council’s Property Steering Committee on 18 July 2012 proposing the purchase of Lot 1151 DP 1159783 (MIN12.968). A further report went to Council’s Ordinary Meeting on 26 October 2012, when Council resolved to classify Lot 1151 DP1159783 as operational land in accordance with Section 31 (2) of the Local Government Act 1993 (MIN12.1198). At this time, this area was subject to investigation for the potential for playing fields on the land. Since that time, Council has been successful in obtaining a grant of approximately $950,000 to improve the site and protect the wetland from further development. Section 33 (1) of the Local Government Act 1993 (LGA93) provides that a Council may resolve that public land classified as operational land be reclassified as community land. Based on the above and after receiving extensive community input, it has been determined that there are benefits to reclassify the parcel of land from Operational to Community.

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Reclassifying the land as Community Land will prevent future sale or development of the land thus protecting the site as there is significant flora and fauna biodiversity in the reserve including a number of threatened species. It will also provide the accessibility of the reserve to service surrounding urban population for passive recreational use in a natural bushland setting.

Community Engagement As per Section 34 of Local Government Act 1993, Council has advertised its intention to reclassify the land from Operational to Community land in the form of Public Notices and an advertisement in local newspapers. One submission was received from an adjoining property owner seeking reclassification clarification and strategic planning direction for use of the land.

Policy Implications Section 33 (1) of the Local Government Act 1993 provides that a Council may resolve that public land classified as operational land be reclassified as community land.

SA20.251

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Attachment 1

- SA20.251

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SA20.252 Shoalhaven Family Day Care - Fees and Charges - Adopted

HPERM Ref: D20/526007

Section: Recreation Community & Culture Approver: Kevin Norwood, Shoalhaven Swim & Fitness Manager

Reason for Report To provide a further report to Committee on the outcomes from public exhibition of proposed changes to Shoalhaven Family Day Care fees and charges.

Recommendation

That Council endorse the changes to fees and charges for Shoalhaven Family Day Care

Service to take effect from 1 January 2021 being: a. Educator Fee Parameters - $8.00 to $20.00 per hour b. Educator Levy - $0.30 per hour c. Educator Registration Fee - $50.00 d. Educator Training Fee - $400.00 (one-off fee)

e. Family enrolment fees: SA20.252 i. $25.00 1st child ii. $20.00 2nd child iii. $15.00 3rd child iv. Nil 4th child f. Parent Administration Levy - $1.35 per child per hour All fees are GST exclusive

Options 1. Adopt the recommendation as written. Implications: The recommendation is consistent with Council’s approach to maintain Shoalhaven Family Day Care Service as being financially viable and sustainable, reducing the level of financial support needed from Council and enhancing this quality service to the Shoalhaven community.

2. Not endorse the changes to fees and charges and provide an alternative direction. Implications: May result in a negative financial impact on Council, affecting the viability of Shoalhaven Family Day Care Service.

Background A Councillor Briefing was held in February 2020 outlining the way forward for fees and charges of Shoalhaven Family Day Care Service.

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An educator consultation and information session was held on 1 July 2020, outlining proposals from Council to improve the financial viability of the service moving forward. Educators and families were also emailed information, inviting feedback. Council, at its Ordinary meeting on Tuesday 22 September 2020 after this extensive community consultation process, approved the increase and changes to the fee structure for Shoalhaven Family Day Care Service. At its Ordinary meeting held on 22 September 2020, Council made the following resolution (MIN20.646): “That: “1. Council support the following changes to Shoalhaven Family Day Care fees and charges: • Educator Fee parameters $8-$20 per hour • Educator Levy of $0.30 per hour

• Educator Registration fee of $50 per year • Educator Training Fee of $400 one-off • Family enrolment fee $25 1st child, $20 2nd child, $15 3rd child, 4th child free • Parent Administration levy $1.35 per child per hour “2. Council exhibit the proposed changes to fees and charges for 28 days and report back

to Council on the outcome following the public exhibition period. SA20.252 “3. Any new fees and charges that are adopted will come into effect from 1 January 2021, noting the current Government imposed fee freeze for childcare services which is currently imposed up to 27 September 2020.” This report is in response to Part 2 of the above resolution, as the exhibition period noted by Council has now closed, with one submission being received. Council exhibited the changes to fees and charges from Monday 26 October until Monday 23 November 2020. • The documents were made available on Council’s website • Council created a Newsfeed on Council’s website pointing to the ‘Documents on Exhibition’ Page promoting the proposed changes to fees and charges • All educators – current and inactive – were emailed information with a link to MIN20.646 on the 16 October 2020, and another email with link to ‘Documents on Exhibition’ Page on 26 October 2020 • All families were emailed information with a link to MIN20.646 on 19 October 2020 and another email with link to ‘Documents on Exhibition’ Page on 26 October 2020 One submission was received during the Exhibition Period from a current Shoalhaven Family Day Care Service Educator which is outlined below. The community was provided an opportunity to comment on the proposed changes to fees and charges. Feedback provided from the Public Exhibition showed minimal objection to the proposed fee changes. This report recommends that changes to Shoalhaven Family Day Care Service fees and charges be adopted, to come into effect from 1 January 2021. Service Overview • Shoalhaven Family Day Care Service is run by Shoalhaven City Council • Under the licence, Council’s Chief Executive Officer is the ‘Provider’ and the Nominated Family Day Supervisor coordinates day-to-day operations of the service

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• Shoalhaven Family Day Care Service organises, monitors and supports local home- based childcare services across Shoalhaven LGA • Shoalhaven Family Day Care Service staffing needs to be compliant with the Regulation ratios of 1:25 (or part thereof) coordinator per educator • Shoalhaven Family Day Care Service currently has 30 educators providing care to 195 children from 186 families in the Shoalhaven

Federal Funding Shoalhaven Family Day Care Service currently receives Federal Funding which supplements the income raised by the Service; however, this funding through the Community Child Care Fund was approved on a sliding scale over three (3) years, giving Services the opportunity to become financially sustainable prior to the funding ceasing. The funding will be reduced to $0 in the 2021 / 22 financial year. Current Funding provided is:

2021 / 22 and 2018 / 19 2019 / 20 2020 / 21 onwards

$112,390 $82,651 $68,725 No Funding

There is a need to find efficiencies and ways to replace, at least in part, the Federal Funding to meet the performance targets to deliver the Service at as close to cost-neutral as possible. SA20.252 Existing Fees and Charges Shoalhaven Family Day Care Service, in conjunction with Council’s City Performance Directorate, has assessed the current financial situation and mapped a way forward for the fees to be changed to help fund the shortfall created by reduction of the Government subsidies. Shoalhaven Family Day Care Service has, historically, only increased fees and charges each year by approximately $0.05 per hour. The Child Care Subsidy (CCS) has increased annually, giving families greater rebates; however, Shoalhaven Family Day Care Service has not increased its fees in line with the Child Care Subsidy increase: for example, in the 2018 / 19 financial year, the Child Care Subsidy increased by $0.20 per hour but Council fees were only raised by $0.05.

Proposed Fees and Charges • Currently, Educators pay $22.00 per week Educator Levy regardless of the size of their service: o The proposal to charge $0.30 per child per hour makes the fee more equitable o Based on an average of 4 children per day over 4 days, the levy would be $38.40 per week instead of $22 - a rise of $16.40 per week • The Educator Registration Fee is currently $35.00 to cover administration associated with registration: o The proposal is to increase this to $50.00 per year to cover ongoing administrative costs • The Educator Training Fee provides educator access to training resources for new starters: o Currently $340.00 per annum and the proposal is to increase to $400.00 per annum

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• The Family Enrolment Fee is currently $35.00, which is payable as a one-off fee, regardless of the number of children attending: o It is proposed to change this to a fee per child as a sliding scale for siblings with the 4th child being free ▪ 1st child $25.00 ▪ 2nd child $20.00 ▪ 3rd child $15.00 ▪ 4th child+ free • The Parent Administrative Levy is paid by parents and is currently $1.20 per child per hour: o It is proposed to increase this to $1.35 per child per hour • Educator Fees are based on an hourly rate of between $8.00 and $12.00 per hour o Council sets the parameters; however, Educators set their own fees within these parameters

o It is proposed to amend the Guidelines to enable Educators to charge between $8.00 and $20.00 per hour o This new structure would enable Educators to absorb the proposed costs if they choose or to be able to provide out of hours service.

SA20.252

Table 1: Summary of proposed fee changes

A review and benchmarking of other Family Day Care Service fees and charges shows that these fee changes are not unreasonable, or out of range of those which other Services charge throughout NSW, for example, Camden Family Day Care Service’s Family Enrolment Fee is $55.00 per year plus each additional child is $15.00.

Community Engagement The proposed fees and charges were placed on Public Exhibition for 28 days - one submission was received from a Shoalhaven Family Day Care Service Educator: Submission Submission Council Response Received

26 October 2020 States that fee increase will triple This is incorrect. Currently educators pay $22 - Educator the amount she pays, as an per week regardless of the size and scope of Educator to Shoalhaven Family their service. Day Care Service The fee structure will see an increase in educator levy dependent on the number of

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children in care. For example, for 4 children per day over 4 days the levy will rise from $22 per week to $38.40 per week. A rise of $16.40/week. This equates to a rise of $787.20 per annum (based on 48 weeks per year operation) However, educators can raise their hourly fees to compensate. Raising fees by just $0.15 per hour would cover the levy rise. For 4 children in care 5 days per week the fee increases to $48 per week: a rise of $26 per week. This is an annual increase of $1248. A small fee rise would cover this increased levy.

Educator registration fee will rise from $35 per year to $50 per year; an increase of just $15 per year.

Council’s response • Currently, Educators pay $22.00 per week regardless of the size and scope of their service SA20.252 • The fee structure will see an increase in Educator Levy, dependent on the number of children in care: o For example, for 4 children per day over 4 days, the Levy will increase from $22.00 per week to $38.40 per week – an increase of $16.40 per week o This equates to an increase of $787.20 per annum (based on 48 weeks per year operation) o However, Educators can raise their hourly fees to compensate o Raising fees by just $0.15 per hour would cover the Levy increase • For 4 children in care 5 days per week, the fee increases to $48 per week – an increase of $26.00 per week and annual increase of $1248.00 • A small fee rise would cover this increased Levy. • Educator Registration Fees will increase from $35.00 per year to $50.00 per year - an increase of just $15.00 per year.

Financial Implications The recommended fees have been estimated to support Shoalhaven Family Day Care Service to achieve financial sustainability and reduce the amount of financial input needed from Council. These are dependent upon educator and children numbers at the Shoalhaven Family Day Care Service. Should Council wish to proceed with operating the service at the current fees and charges and not adopt the proposed changes, there are financial risks related to the ability of the service to maintain sustainability into the future, with the amount of financial input needed from Council.

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SA20.253 Access Areas For Dogs Policy - Summary of Investigation and Consultation - Shoalhaven Heads and Dolphin Point / Burrill Lake

HPERM Ref: D20/487439

Section: Recreation Community & Culture Approver: Kevin Norwood, Shoalhaven Swim & Fitness Manager

Attachments: 1. Shoalhaven Heads Community Forum Submission - Dog Policy Review - Dog Off-leash Area Investigation ⇩ 2. Survey - Shoalhaven Heads Dog Off-Leash Area Investigation ⇩ 3. Survey - Dolphin Point / Burrill Lake Fenced Dog Off-leash Area Investigation ⇩

4. Lions Park Burrill Lake Landscape Masterplan ⇩

Reason for Report This report is submitted to Council for consideration in response to MIN20.288 and MIN20.531 in relation to dog off-leash area investigations, summarising feedback received during the community consultation undertaken in relation to these investigations.

Recommendation (Item to be determined under delegated authority) SA20.253 That Council: 1. Endorse the provision of a new fenced dog off-leash park at Lions Park, Burrill Lake and fund the fencing of the off-leash dog area from the existing budget allocation for dog off- leash area embellishments. 2. Amend the dog off-leash area at Jerry Bailey Oval, Shoalhaven Heads in accordance with the new fenced area and increase hours of operation to 24-hour dog off-leash access. 3. As part of the Access Areas for Dogs Policy review: a. Further investigate establishment of fenced dog off-leash areas in Burrill Lake (McDonald Parade and Rackham Crescent Reserves) b. Investigate potential for a dog off-leash beach south of Ulladulla and north of Bawley Point c. Further investigate extension of the Seven Mile Beach off-leash area to the north, including: i. Seek community feedback in relation to the northern extension; and ii. Seek advice from National Parks & Wildlife Services and other relevant Government stakeholders.

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Options 1. Adopt the recommendation as written. Implications: • By accepting the recommendation in full, Council will be responding positively to the majority aspiration of the Burrill Lake / Dolphin Point dog-owner community and to the majority of the Shoalhaven Heads dog-owner community • The recommendation provides for a combination of fenced off-leash areas, and further investigation for off-leash beaches

2. Proceed with an alternative recommendation. Implications: Depending on the alternative recommendation, it may not align with expectations of the communities of Burrill Lake / Dolphin Point and Shoalhaven Heads, and other community members who were involved in community surveys in relation to

these investigations.

Background At Council’s Strategy & Assets Committee meeting of 11 June 2019, Council resolved (MIN19.390) (item 2), that: 2. Staff research and consult with [the] community providing additional off-leash areas on a case by case basis, and report back findings to Council with estimated costings in the first half of 2020. SA20.253 Since then, Council have resolved to investigate the establishment of various new off-leash areas. This report deals with investigations undertaken within the Shoalhaven Heads and Burrill Lake / Dolphin Point localities.

Shoalhaven Heads Background In February 2020, Shoalhaven Heads Community Forum submitted a request to Council which included a “Dogs Review Policy” document for Council review and implementation – see Attachment 1. The Forum’s submission provided recommendations for additional dog off-leash areas and extended dog access hours to existing off-leash areas in Shoalhaven Heads. Subsequently, a Notice of Motion was considered at Council’s Ordinary Meeting on 28 April 2020, where Council resolved (MIN20.288) to: 1. Engage with Shoalhaven Heads Community Forum to review the off-leash Dog areas in Shoalhaven Heads. 2. Review to include a. Extension of current off-leash areas b. Hours of off-leash areas c. Proposal for new areas including fenced areas 3. Provide a further report back to Council on the outcomes of the review. In response to the above resolution, Council staff undertook a comparison of existing dog off- leash areas in Shoalhaven Heads as per the Access Areas for Dogs Policy and the submission provided by the Forum. In addition, Council staff met with representatives from the Forum and coordinated a community survey to seek community feedback on the current off-leash areas, the way in which the community uses them and other locations which they would like to use for a dog off-leash area – see Attachment 2.

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Review of Shoalhaven Heads Community Forum Submission At present, there are three existing dog off-leash areas in Shoalhaven Heads, including a timed off-leash area at Jerry Bailey Oval, 24-hour area on Shoalhaven River Foreshore and 24-hour area on Seven Mile Beach. These areas are illustrated in Figure 1 below which is

from Council’s Dog Off-Leash Guide.

SA20.253

Figure 1 – Dog Are Designation Map, Dog Off-Leash Guide

The submission provided by the Shoalhaven Heads Community Forum recommends: • Extension of the Seven Mile Beach and Jerry Baily Oval off-leash areas: o (Suggestion 1) – extension to the existing off-leash area increasing the area 100.0 metres southward, plus an extension north of an existing off-leash area up to the boundary between the Golf Course and National Park o (Suggestion 2) – extension to the south of the existing off-leash area for a new timed off-leash area from 4pm to 8am from 1 October to 30 April 2020, and 3pm to 10am from 1 May to 30 September 2020 o (Suggestion 3) – fencing of Jerry Bailey Oval for a fenced dog off-leash park Maps and explanations of the suggestions provided are delated in the submission in Attachment 1.

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Community Survey As per Council’s MIN20.288, a community survey was made available on Council’s Get Involved webpage from 31 July to 31 August 2020, prepared in consultation with Shoalhaven Heads Community Forum after an on-site meeting, held between Council staff and the Shoalhaven Heads Forum President – see Attachment 2. The survey’s primary aim was to identify dog owners, their resident location, knowledge of existing areas and preference to those areas. The method and tools used to advise of the survey were: • Get Involved webpage containing Council Newsfeed and Survey • Council project webpage linking to Get Involved webpage • Council Newsfeed post linking to the Get Involved webpage • Email to Shoalhaven Heads Community Forum, with links to the Get Involved webpage and survey, for distribution to areas of their community through member networks • Social Facebook posts linking back to the Get Involved page • Letters posted to over 300 landowners in Dolphin Point and Burrill Lake

During the Survey period, a total of 181 survey responses were received. It was also noted that the Get Involved page received 165 new requests to stay informed in the broader Access Areas for Dogs Policy review process. The below summary is provided in relation to the survey responses received: • 170 survey participants have a dog or take care of one regularly • Responses indicated that majority of off-leash activity occurs at Seven Mile Beach (81), followed by Jerry Bailey Oval (26) • 15 survey participants felt that more dog friendly-areas were needed in Shoalhaven SA20.253 Heads in comparison to 7 survey participants who felt that there were adequate dog off- leash facilities in Shoalhaven Heads – the remaining survey participants did not respond to this question • 6 survey participants felt that better governance, enforcement and signage was needed for dog off-leash areas • 100 responses indicated that they would like a fenced dog off-leash park at Jerry Bailey Oval, while 81 people preferred Seven Mile Beach as a place to exercise their dogs • 79 survey participants indicated that they would use Jerry Bailey Oval fenced off-leash area, while 102 indicated that they would not • In relation to Jerry Bailey Oval, only 1 survey participant believed that fenced off-leash areas were safer and only 2 people wanted to extend the access times during the day • A total of 37 responses indicated that they “had concerns about the potential extensions of (existing) dog off-leash areas” of the Seven Mile Beach off-leash area – of these 37 responses, 9 people preferred the beach to be off-leash 24-hours • 11 responses were concerned about the negative impact to flora and fauna of extending the dogs on beach area and 1 response requested no dogs on beach areas at all

Recommendations Regarding the request for an extension southward of the existing off-leash area on Seven Mile Beach, Community and Recreation staff consulted with staff from Council’s Environmental Services and NSW National Parks & Wildlife Service. he advice received was that the southern end of Seven Mile Beach is a known nesting site for various shorebirds and has other environmental values. Whilst shorebirds have not been recorded at this location consistently, a cluster of records have been verified at this location and it still remains a suitable nesting location based on its habitat descriptors for shorebirds that are protected by the Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth). The current arrangement, which

Strategy and Assets Committee – Tuesday 08 December 2020 Page 91 includes an approximate 350m on-leash area between the off-leash section of the beach at the prohibited area, provides a suitable buffer to protect the bird species which can be vulnerable to off-leash dogs. Regarding the request for an extension northward of the existing off-leash area on Seven Mile Beach, there is potential for this area to be further explored. Consultation with National Parks & Wildlife Service will be required to ensure suitable buffer distances are implemented from the boundary to the start of the Seven Mile Beach National Park, and to determine whether there are any other environmental constraints preventing this area being considered for extension of the off-leash dog area. Given that the community indicated some concern of extending the existing off-leash area on Seven Mile Beach, and the Survey did not explore this initiative, it is recommended that this be further investigated as part of the Policy Review which is expected to be reported to Council in early 2021. Part of this investigation include liaison with National Parks & Wildlife Service. In relation to Jerry Bailey Oval, this proposal is considered to be reasonable and consistent

with a recent successful grant application via the Federal Local Roads & Community

Infrastructure Fund. The successful funding is for fencing of the dog off-leash area at Jerry Bailey Oval, Shoalhaven Heads, generally in accordance with the area specified in the submission in Attachment 1, however, and in accordance with field size as per the relevant Cricket Australia Community Cricket Facilities Guidelines. Given the fencing of this area, it is recommended that the off-leash area be reduced to the confines of the fencing, with the hours of operation extended to 24-hours. It is noted that this area is used for junior cricket by Berry Shoalhaven Heads Cricket Club. During training or games, the off-leash area should be temporarily suspended until training and games have SA20.253 concluded, in order to reduce conflict of the two uses. These works can be delivered during the 2020 / 21 financial year.

Burrill Lake / Dolphin Point Investigation Background A community petition containing 1,101 signatures was presented at Council’s Strategy & Assets meeting on 9 June 2020, requesting a new dog off-leash area at Dolphin Point. The majority of signatures were from residents of Burrill Lake, Dolphin Point, Kings Point, Ulladulla, Mollymook and Milton. The proposal was for a timed off-leash area consistent with other timed off-leash areas in Shoalhaven and stated the area subject to the proposal would: • Provide a flat and accessible walking area for all local residents including those who may not be able to drive the 10 kilometres to Colliers or Narrawallee Beaches, and those from other local areas who may have mobility issues accessing Colliers Beach or Ulladulla Harbour Beach • Foster the responsible sharing of the area between all users; provide an enjoyable environment for exercise and recreation for non-dog owners and dog owners alike and better cater for the growing number of tourists that travel to the area with their dogs. In response to the petition, a report was presented to the Ordinary Council meeting on 28 July 2020, outlining, in summary: • The location proposed for the dog off-leash area was within Burrill Lake estuary and included the eastern section of Lions Park and the Lake foreshore down to the inlet at Dolphin Point Reserve • It was noted that the location of the proposed dog off-leash area is highly frequented by residents and visitors for recreation pursuits including walking, picnics, fishing and swimming

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• Importantly, the proposed site is located within the coastal zone and has been noted as habitat and nesting sites for threatened shorebirds • There is only one designated dog off-leash area south of Ulladulla Harbour in the Shoalhaven Local Government Area (LGA) which is approximately 25 minutes’ drive south at Cormorant Beach, Bawley Point • While the area, subject of the petition, is unsuitable as a dog off-leash area, there may be merit in considering a new dog off-leash area between Ulladulla Harbour and Cormorant Beach off-leash areas, particularly given the concentration of dog off-leash areas in other parts of Shoalhaven In response to the staff report, Council resolved (MIN20.531) to: 1. Accept the report for information. 2. Council undertake further investigations into the suitability of all locations across Dolphin Point and Burrill Lake for fenced dog off-leash areas. 3. Consult with petition organisers, Ulladulla Forum, landowners, Paws4Shoalhaven

and broader community members and groups to seek feedback on locations for fenced dog off-leash areas. As part of the consultation with all groups, allow the opportunity to suggest locations between Ulladulla Harbour and Cormorant Beach for consideration for dog off-leash areas. 4. Following consultation and investigations, prepare a report back to Council.

Community Survey As per Parts 2 and 3 of the above MIN20.531, a Survey was established via Council’s Get SA20.253 Involved webpage, made available from Wednesday 7 October to Friday 30 October 2020 – see Attachment 3. The method and tools used to advise of the survey were: • Get Involved webpage containing the Newsfeed and Survey • Council project webpage linking to Get Involved webpage • Council Newsfeed post linking to the Get Involved webpage • Email to all Community Consultative Bodies, with links to the Get Involved webpage and Survey, for distribution to their communities through their networks • Specific email letter to all Ulladulla & Districts Forum and community groups (Paws4Shoalhaven and Burrill Lake Action Group) via email (as per Council resolution) • Social Facebook posts linking back to the Get Involved webpage • Letters posted to over 300 landowners in Dolphin Point and Burrill Lake Over the survey period, there were 681 page-visits, 126 survey responses and one written submission received, a summary of which is provided below: • Majority of survey participants (82) did not believe fenced off-leash areas were a good idea, while 44 respondents indicated that they were a good idea • The survey responses which did not agree that fenced off-leash areas were a good idea generally suggested that off-leash beaches were preferred to fenced dog off-leash parks • Various locations were suggested for fenced off-leash areas with broad suburb areas including Burrill Lake, Dolphin Point, Ulladulla, Narrawallee, Mollymook, Milton and Sanctuary Point • Specific suggestions included: o Ulladulla Harbour o Burrill Cricket Oval o Burrill Lake Lions Park o Dolphin Point Headland o Burrill Lake Foreshore o Barker Reserve

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o Racecourse Beach o McDonald Parade Reserve, Burrill o The Bombie Beach Lake o Mollymook, between Blackwater o Rackham Crescent Reserve, Burrill Creek and Ocean Street Lake o Warden Head Sporting fields • 43 of the survey responses provided feedback on what facilities should be provided in a new fenced off-leash area – the suggestions included: o Enclosed area / fencing (12) o Off-street car parking (2) o Separate fenced area for large and o CCTV (1) small dogs (3) o Signage (1) o Bins and dog bag dispensers (21) o Amenities (2) o Shade (9) o Double gate (2) o Digging area (1) o Swimming area (1)

o Agility equipment (4) o Easy access / accessible to the

o Water access for dogs (15) entry (2) o Seating / picnic tables (10) • Survey participants were asked whether they wished to provide other comments, ideas or suggestions for Council to consider, to which there were 112 responses covering various topics; the predominant ones included: o Provide more dog off-leash beaches

o The number of dog owners in Shoalhaven is substantial and continues to grow – SA20.253 Council need to proactively provide facilities for these residents, as well as the influx of tourists who come to visit the Shoalhaven for its “pet friendly” approach o Signage needs to be reviewed with a consistent message and sign type rolled out - comments made in relation to current signage were that they are generally poor, inadequate, confusing, contradictory, inaccurate and illegible o Timed off-leash areas are a highly effective way, provide benefits to dog owners and non-dog owners and are a ‘win-win’ solution for the public and Council o This approach (fenced off-leash areas) is inconsistent with the petition signed by 1100 persons o Amend Mollymook Beach to be an off-leash area o The benefits of dog off-leash areas to the health and wellbeing of the community are great - dog off-leash areas have increased in use in 2020 due to COVID-19 which has resulted in crowding

Recommendations Based on the Survey responses and in accordance with Council’s resolution for a fenced dog off-leash area, it is recommended that the following fenced and off-leash beach areas be investigated further for costings: • Proceed to establish a fenced off-leash area in the south-western area of Lions Park, Burrill Lake: o This site is already equipped with existing car parking, amenities building, picnic seating, bins and other infrastructure able to support a fenced dog off-leash area o The area suggested is largely vacant, with the ability to install a fenced area approximately 4,000 square metres in size (approximately 40.0 x 100.0 metres)

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• Further investigate costings and seek community feedback in relation to a fenced off- leash area at McDonald Parade Reserve and / or Rackham Crescent Reserve, Burrill Lake: o These areas would support a smaller off-leash area, with fencing limited to the street area o McDonald Parade Reserve includes supporting car parking and amenities infrastructure; however, any fencing would need to provide suitable buffers from the children’s play area in accordance with the Companion Animals Act 1998 o Rackham Crescent Reserve includes suitable car parking infrastructure The installation of supporting facilities such as agility equipment, bins and water access for dogs would need to be explored. Separately, it is suggested that staff investigate an off-leash beach south of Ulladulla and north of Bawley Point, as part of the Access Areas for Dogs Policy review.

Policy Implications

Access Areas for Dogs Policy Council’s Access Areas for Dogs Policy is under review, with a report proposed to be presented to Council in February 2021. Any additional off-leash areas adopted in consideration of this report or subsequent Council decisions must be incorporated into the relevant Policy and Guide.

Lions Park Burrill Lake Masterplan SA20.253 In 2015, in recognition of the potential of Lions Park, Burrill Lake, to accommodate a wide range of community recreational infrastructure, Council prepared a detailed Masterplan of the Park illustrated in Attachment 4. The Plan includes various infrastructure upgrades including picnic shelters, pathways and barbeque facilities and an upgraded children’s play area, amongst others. In relation to the proposed location for the fenced dog off-leash area, it is proposed to deliver a natural amphitheatre area with feature trees and mounding for events such as markets, concerts, weddings and other functions. It should be noted that the Plan has not been acted on due to the lack of suitable funding arrangements. Whilst the proposal to establish a dog off-leash area conflicts with the proposed amphitheatre area, a second amphitheatre is identified in the south-eastern part of the site and, therefore, this component could still be delivered as part of the masterplan.

Financial Implications Shoalhaven Heads The provision of a fenced dog off-leash park at Jerry Bailey Oval, Shoalhaven Heads is anticipated to cost up to $57,750 (estimated based on delivery of West Street Dog Off-leash Area). This project will be funded by successful grant funding via the Federal Local Roads & Community Infrastructure Fund. Ongoing costs will be borne by Council as part of Jerry Bailey Oval asset management.

Burrill Lake / Dolphin Point The provision of a fenced dog off-leash park at Lions Park, Burrill Lake is anticipated to cost $45,000 (estimated based on the delivery of West Street Greenwell Point Dog Off-leash Area) for fencing and ‘chicane’ gate access only. This cost can be covered by recent allocation of funds towards dog off-leash area embellishments.

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The additional infrastructure will need to be addressed in the relevant Asset Management Plan to ensure that ongoing maintenance and operational / replacement site costs are adequately budgeted for the life of the asset. It can be anticipated that the ongoing operational maintenance costs would be approximately $7,000 per annum per location.

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Attachment 1

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Attachment 4

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SA20.254 Classification of Land - Lot 101 DP 1242748

HPERM Ref: D20/488152

Section: Water Asset Planning & Development Approver: Robert Horner, Executive Manager Shoalhaven Water

Attachments: 1. Highlighted Deposited Plan 1242748.pdf ⇩

Reason for Report To seek Council approval to classify the land described as Lot 101 DP 1242748 River Road Sussex Inlet as Operational land.

Recommendation

That Council classify the land described as Lot 101 DP 1242748 River Road Sussex Inlet as Operational land.

Options 1. Resolve as recommended Implications: The operational classification will provide Council with flexibility in its use and any future dealings. SA20.254

2. Not resolve as recommended Implications: The land will default to Community Land and be subject to the Community Land provisions as outlined in the Local Government Act 1993 (LGA 1993).

Background MIN18.310 dated 24 April 2018 gave approval to acquisition of the land and for the land to be classified as Operational land in accordance with Section 31(2) of the LGA 1993. The land has now been acquired. A sewer pumping station partly encroaches on Lot 101 from Council’s adjoing land, Lot 116 DP30234 River Road. Section 31(2) of the LGA 1993 provides that before Council acquires land, or within 3 months after it acquires land, Council may resolve to classify it. There are two classifications available: 1. Operational Land – land which Council owns as a business entity and upon which it conducts Council business, and 2. Community Land – land in Council’s ownership which is held for and on behalf of the Community subject to the Community Land provisions of the LGA 1993. A resolution of Council, within the timeframe prescribed in the LGA 1993, is required to finalise the classification of land as Operational.

Community Engagement In accordance with Section 34 of the LGA 1993, a public notice of Council’s intention to classify the land as Operational has been published in the South Coast Register inviting

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Financial Implications Land incorrectly classified (via resolution or by default) that subsequently requires an ability to be dealt with will require a reclassification to Operational land that involves the making of an LEP amendment under the EPA Act 1979. This is a time-consuming and costly exercise with no budget having been provided.

Risk Implications The Resolution to classify Lot 101 as Operational is required at the December Council meeting. Otherwise the classification will default to Community.

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Attachment 1

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SA20.255 Acquisition of Easement - Sewer Purposes - 12 Daley Crescent North Nowra

HPERM Ref: D20/518514

Section: Water Asset Planning & Development Approver: Robert Horner, Executive Manager Shoalhaven Water

Attachments: 1. DP 644296 ⇩

Reason for Report This report is submitted to seek Council approval to acquire an Easement to Drain Sewage 3 metres wide over Lot 21 DP22131, 12 Daley Crescent North Nowra. The easement is

required for an existing sewer pipeline.

Recommendation That: 1. Council acquire an Easement to Drain Sewage 3 metres wide over part of Lot 21 DP22131, 12 Daley Crescent North Nowra marked on the attached draft survey plan. 2. Council pay compensation of $11,000 plus GST if applicable and reasonable legal and valuation costs associated with the acquisition in accordance with the provision of the Land Acquisition (Just Terms Compensation) Act 1991, from Shoalhaven Water’s Sewer SA20.255 Fund. 3. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.

Options 1. Resolve as eccommended. Implications: Acquisition of the easement is required to formalise existing Shoalhaven Water sewer infrastructure.

2. Not resolve as recommended and provide further directions to staff.

Background The subject sewer rising main was constructed by Shoalhaven Water in 1971 over private land, being Lot 21 DP22131. At that time, no legal entitlement was created to benefit Council for future protection, repair and maintenance of this Shoalhaven Water asset. A valuation has been obtained on behalf of Council by Walsh & Monaghan Pty Ltd who have assessed compensation for the easement acquisition at $11,000 excluding GST. A conditional offer was made at that amount plus reasonable costs associated with the acquisition. The property owner has advised that the offer is acceptable.

Risk Implications Acquisition of the easement is necessary to secure Shoalhaven Water’s legal operation and maintenance of essential public infrastructure. The proposed action is administrative and has no environmental impact.

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Attachment 1

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SA20.256 2019/20 Annual Energy Review Report

HPERM Ref: D20/507480

Approver: Robert Horner, Executive Manager Shoalhaven Water

Attachments: 1. SCC Annual Energy Review 2019_20 FINAL (under separate cover) ⇨

Reason for Report At the Strategy & Assets Committee meeting on 12 November 2019, it was resolved that Council “Endorse the preparation of Annual Energy Review reports to track Council’s performance against energy and emission reduction targets established in Council’s Sustainable Energy Policy” (MIN19.845).

Recommendation (Item to be determined under delegated authority)

That Council receive and note the achievements outlined in the Annual Energy Review FY 2019/20 report presented as Attachment 1 to this Report.

Options 1. As per the recommendation Implications: Council is informed of the status of relevant energy savings initiatives, SA20.256 energy expenditure and performance tracking of energy and emissions policy targets.

2. Request further information Implications: Staff can provide further detail on any Council request.

Background Shoalhaven City Council’s Sustainable Energy Policy (POL18/44) was adopted at the 28 May 2019 Ordinary Meeting (MIN19.354). The Policy sets out targets for the reduction of fossil-fuelled grid energy and carbon emissions for Council operations and encourages the uptake of installed rooftop solar panels across the Shoalhaven community and businesses. The attached Annual Energy Review FY 2019/20 report includes Council’s broader energy (e.g. electricity, gas and fleet fuel) consumption, costs (both current and new energy contract rates from January 2020), renewable energy generation and greenhouse gas emissions. Some of these indicators have agreed performance targets in the Sustainable Energy Policy and can therefore be tracked and monitored on an annual basis in the report.

Summary of 2019/20 Annual Energy Review Report • Implementation of Council’s adopted Sustainable Energy Policy and approved Sustainable Energy Strategy 2020-2025 has commenced with numerous sustainable energy projects underway in 2019/20, including: - Installation of 405 kW of additional solar PV on 9 Council-owned assets including: o Vincentia/Huskisson Wastewater Treatment Plant (WWTP) = 96 kW o Sussex Inlet WWTP = 31 kW o Shoalhaven Indoor Sports Centre = 60 kW

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o Nowra Library = 31 kW o Bomaderry Works Depot = 31 kW o Flat Rock Water Treatment Plant = 31 kW o Ulladulla WWTP = 23 kW o Shoalhaven Heads WWTP = 21 kW o Shoalhaven Entertainment Centre = 81 kW - Continuation of three (3) fully electric Hyundai Kona cars in Council’s fleet as part of a trial of EVs and charging infrastructure; - Creation of an internal Revolving Energy Fund (REFund) with seed funding of $230,000 to finance energy efficiency and renewable energy projects into the future. The REFund has enabled LED lighting upgrades to take place at the Nowra Library and a number of Aquatic Centres in 2020, as well as some solar PV installs on Council buildings;

- Replacement of 4,231 residential street lights with energy savings LED lamps in 2020, part-funded by the NSW Department of Planning, Industry and Environment (DPIE). This accelerated lighting upgrade will save around $230,000 per year in energy costs and save 1,369 tonnes of carbon emissions per year. Once completed, around 55% of Council's street lights will be energy-saving LEDs; - Membership in the national Cities Power Partnership (CPP) program (around 140 member Councils in total) to implement five new climate change pledges updated

by Council in 2020. SA20.256

• Shoalhaven Council’s total corporate greenhouse gas (carbon) emissions reduced marginally in 2019/20 (68,440 tonnes CO2-e), compared to the previous year (69,473 t/CO2-e). This was mostly from the reduced fleet fuel consumption due to the COVID-19 travel/work restrictions. Council’s total electricity usage rose slightly in 2019/20 (36,290 MWh), compared to the previous year (35,560 MWh). The main reasons for this were the major upgrades and modernisation of both the Nowra and Bomaderry wastewater treatment plants which were commissioned in late 2019, as well as additional water pumping at Burrier in the drought period of late 2019. These energy intensive assets outweighed the electricity reductions displayed at Council’s Holiday Haven parks and Aquatic Centres in early 2020 due to COVID-19 closures (see Figure 6 from Annual Energy Review Report below).

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Conclusion

Shoalhaven Council is well-positioned to continue its efforts in reducing energy usage SA20.256 and emissions by implementing the approved Sustainable Energy Strategy 2020-2025. The Strategy outlines the priority initiatives that offer the most cost-effective outcomes for Council to achieve its energy and emissions targets adopted in the Sustainable Energy Policy. Sustainable energy projects planned for 2020/21 include: - An additional 230 kW of solar PV installations installed at four (4) Shoalhaven Water wastewater treatment plants; - Installation of new solar PV systems and storage batteries at several showgrounds and community centres utilising external grant funding; - Detailed design of a modern and energy efficient heating, ventilation and air- conditioning system for Nowra Library, to make it one of Council’s most energy efficient buildings; - Installation of more energy efficient LED lights at Council assets funded under Council’s Revolving Energy Fund.

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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

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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.