Shoalhaven City Council
Ordinary Meeting
Meeting Date: Tuesday, 24 November, 2020 Location: Council Chambers, City Administrative Building, Bridge Road, Nowra Time: 5.00pm
Membership (Quorum - 7) All Councillors
Please note: The proceedings of this meeting (including presentations, deputations and debate) will be webcast and may be recorded and broadcast under the provisions of the Code of Meeting Practice. Your attendance at this meeting is taken as consent to the possibility that your image and/or voice may be recorded and broadcast to the public.
Agenda
1. Acknowledgement of Traditional Custodians 2. Opening Prayer 3. Australian National Anthem 4. Apologies / Leave of Absence 5. Confirmation of Minutes • Ordinary Meeting - 27 October 2020 6. Declarations of Interest 7. Presentation of Petitions 8. Mayoral Minute Mayoral Minute MM20.18 Mayoral Minute - Advocate for and support bushfire affected residents that have relocated to rental accommodation during the rebuild of their dwelling as their insurance cover rental assistance expires ...... 1 MM20.19 Mayoral Minute - Nowra CBD Wi-Fi Access ...... 2 9. Deputations and Presentations 10. Notices of Motion / Questions on Notice Notices of Motion / Questions on Notice CL20.283 Notice of Motion - Martinvale Lane, Jaspers Brush ...... 3 CL20.284 Notice of Motion - Progress Report on SF10804 - 104 Taylors Lane Cambewarra ...... 4 CL20.285 Notice of Motion - Breastfeeding Friendly Workplace Accreditation ...... 5
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CL20.286 Notice of Motion - Climate Change ...... 6 CL20.287 Notice of Motion - Proposed Princes Hwy Alignments ...... 8 CL20.288 Notice of Motion - Recruitment of Employees - Update request ...... 9 CL20.289 Notice of Motion - Tree Removal - Evans Street Lake Conjola ...... 10 11. Committee Reports CL20.290 Report of the Strategy & Assets Committee - 10 November 2020 ...... 11 SA20.213 Notice of Motion - Donation Request - Slow Food Berry 2 Jervis Bay Inc. SA20.215 DPOP 2020-21 - Quarterly Performance and Budget Report (July- September) SA20.220 Further Update - Rent Relief - Occupiers of Council Owned or Management Properties SA20.221 Proposed Road Closure - Part Bolong Road Bomaderry - Shoalhaven Starches P/L SA20.222 Proposed Road Closure & Sale Jarretts Lane Kangaroo Valley SA20.223 Easement for Access Extinguishment Lot 48 DP 25550 and Road Dedication Lots 46 & 47 DP 25550 Island Point Road St Georges Basin SA20.225 Creation of Asset Protection Zone over Council Unmade Road adjoining Lot 1 Sec 5 DP 758322 - 2 Jervis St, Currarong SA20.230 Acquisition - Sewer Purposes - 9 Matron Porter Drive Narrawallee SA20.231 Acquisition of Easement - Sewer Purposes - 6 Woodlawn Avenue Burrill Lake CL20.291 Report of the Shoalhaven Tourism Advisory Group - 26 October 2020 ..... 15 TA20.22 Tourism Event Support Program TA20.21 River Festival Update TA20.24 Industry Feedback CL20.292 Report of the Shoalhaven Traffic Committee - 10 November 2020 ...... 36 TC20.43 Major Event Road Closures - L'Etape Australia - 20 March 2021 (PN 3597) TC20.44 Proposed Roundabout - Larmer Avenue - The Park Drive (North) - Sanctuary Point (PN 3609) TC20.45 Proposed Parking Restrictions - O'Keefe Avenue - Nowra (PN 3615) TC20.46 Proposed Parking Restrictions - Silver Strand Circuit - Hyams Beach (PN 3619) TC20.47 Signage and Linemarking Plan - Boongaree Park Carpark - North Street Berry (PN 3552) TC20.48 Signage and Linemarking Plan - Lot 22 DP 1113929 - 79 Albatross Road West Nowra (PN 3616) TC20.49 Signage and Linemarking Plan - Lot 1 DP 949932 - Taylors Lane Cambewarra - Residential Subdivision (PN 3617)
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TC20.50 Signage and Linemarking Plan - Lot 35 DP 262647 - Corks Lane Milton - Residential Subdivision (PN 3618) 12. Reports CEO CL20.293 Code of Conduct Complaints - Annual Statistics Report - 1 September 2019 to 31 August 2020 ...... 59 City Performance CL20.294 Investment Report - October 2020 ...... 64 CL20.295 Draft Financial Statements - Financial Year 2019/20 ...... 70 City Futures CL20.296 Manyana Residential Subdivision - Possible Purchase - Council Involvement Request ...... 73 City Services CL20.297 Peak Season Service Levels ...... 74 CL20.298 Shoalhaven Entertainment Centre - Improvements - Appointment of Builder ...... 77 CL20.299 Tenders - Currarong Road Upgrade – CH7.5 – CH11.4 Km ...... 80 City Development CL20.300 Development Application DA20/1349 Lot 1432 DP1231370 (no.4) Sand Drift Way Vincentia - Deferred from Development & Environment Committee ...... 82 CL20.301 NSW Public Spaces Legacy Program - Successful Grant Funding ...... 85 City Lifestyles CL20.302 Petition - Paws4Shoalhaven - Dog Off Leash Areas ...... 88 CL20.303 Recovery into Resilience Plan ...... 90 13. Confidential Reports Reports CCL20.11 Manyana Residential Subdivision - Possible Purchase - Council Involvement Request 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. CCL20.12 Shoalhaven Entertainment Centre - Improvements - Appointment of Builder 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.
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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. CCL20.13 Tenders - Currarong Road Upgrade - CH7.5 - CH11.4 Km 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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MM20.18 Mayoral Minute - Advocate for and support bushfire affected residents that have relocated to rental accommodation during the rebuild of their dwelling as their insurance cover rental assistance expires
HPERM Ref: D20/510340
Recommendation That Council: 1. Advocate to the Commonwealth to extend rental relief to the bushfire affected individuals and families who lost their primary dwelling in the 2019/2020 bushfires and that are now
renting temporary accommodation, through their insurance policy where, in most cases, cover will cease after 12 months. 2. Advocate to Insurance Companies and the Insurance Council of Australia to extend the 12-month period of rental assistance available to those residents who have lost their primary dwelling in the 2019/2020 bushfires. 3. Publicly thank absentee landlords within the Shoalhaven Region for assisting those
residents who have lost their primary dwelling in the 2019/2020 bushfires and encourage MM20.18 them to consider continuing their support to residents until they can return to their own properties.
Details From November 2019 to January 2020, 312 homes were destroyed across the Shoalhaven and a further 173 were damaged in the Currowan Bushfire. Insured residents of these destroyed properties have been housed in private rental accommodation where the standard insurance policy term provides for rental assistance and support for housing relocation for a period of 12 months, commencing from the date that the property was destroyed. As the one-year anniversary of the bushfires approaches, support is coming to an end and individuals and families are facing an uncertain future. In some cases, homes are currently being rebuilt and, in many cases, the rebuild has not yet commenced. The resulting stress in having to maintain rental payments, mortgage payments and the uninsured costs associated with rebuilding is compounded by the impacts of COVID-19. There are limited alternatives for residents to source lower cost rental accommodation with very low housing stock in general (due to Airbnb/ Tourism related lettings and COVID-19, with previous absentee homeowners moving down to the Shoalhaven on a more permanent basis, preferring to work from home in their rental/holiday house). Homelessness for bushfire affected residents is a potential issue. The additional financial stress will contribute to the already existing mental health issues being faced by residents who are renting and rebuilding their primary dwelling.
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MM20.19 Mayoral Minute - Nowra CBD Wi-Fi Access
HPERM Ref: D20/513101
Recommendation That Council: 1. Undertake investigations into establishing a suitable Wi-Fi network for the Nowra CBD that includes public access and includes research on what other NSW councils are doing to provide these types of services 2. Allocate funding from the 2021/22 budget for the Wi-Fi network project
Background
During the initial stages of COVID-19 restrictions, Council was able to increase the range of the Nowra Library Wi-Fi service to provide continued Wi-Fi access around the Library building for those users who would generally have used the Library. As COVID-19 has continued to impact on the Australian economy a budget item potentially at risk in homes and business is access to Wi-Fi services. As Council is a volume purchaser of telecommunications services, there is the potential for Council to provide a network for the Nowra CBD that presents free community access and MM20.19 reduces costs to business. If each business is paying additional costs to provide Wi-Fi for its customers, then finding a way to reduce this cost would be beneficial and an additional way to support economic recovery in the Nowra CBD. If such a plan proves to be cost effective, it could then be rolled out to other villages. The CBD Revitalisation Committee are considering lighting improvements for Nowra which would likely mean the installation of ‘smart poles’ which would provide an ideal platform for an integrated network solution. The recommended investigation should take into consideration how Nowra business proprietors could join such a network at a minimal cost while still providing ‘free’ access to customers. Research should include what other NSW councils are doing to provide these types of services. Potential budget sources could be the Nowra CBD Revitalisation Strategy Committee or Economic Development funding sources.
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CL20.283 Notice of Motion - Martinvale Lane, Jaspers Brush
HPERM Ref: D20/496806
Submitted by: Clr John Wells Clr Annette Alldrick
Purpose / Summary The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.
Recommendation
That the Chief Executive Officer 1. Prepare a report on options to elevate the causeway at Martinvale Lane, Jaspers Brush, and 2. Identify potential funding sources to execute the preferred option.
Background CL20.283 Martinvale Lane services a number of properties towards the western end of Strongs Road, Jaspers Brush. During the severe rainstorm event of 31 October 2020, the course of an unnamed creek whose channel discharges under a causeway on the Lane changed quite dramatically, piling up several thousand tonnes of silt and rock under the causeway. Depending on where one lived under the Mt Cambewarra to Bundewallah escarpment, reports indicate that between 90mm and 110mm of rain fell between 9am and 11am on 31 October. Unable to discharge this volume of water under and over the causeway, the creek scoured the Lane away completely, creating a new channel approx. 30 to 40 metres to the South of the new choked causeway. Staff did an outstanding job the following week, installing what appear to be three 60mm polypipe drains, constructing a new headwall using available scoured boulder, infilling the road and compacting a new gravel road, thus reconnecting neighbouring properties to Strongs Road. The end result of these works is, however, that the new section of road over the new creek channel is approximately one metre higher than the old, now blocked and choked causeway. Community members have therefore asked if consideration could be given to elevating the causeway to a height similar to the new section of road to avert the possibility of the Lane again becoming impassable should the creek change course again and/or begin to cover the Lane’s now dysfunctional causeway with scoured material. It is to this end that we submit this Motion.
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CL20.284 Notice of Motion - Progress Report on SF10804 - 104 Taylors Lane Cambewarra
HPERM Ref: D20/492375
Submitted by: Clr John Wells Clr Greg Watson
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 the Chief Executive Officer submit a progress report on SF10804 to the December meeting of the Development and Environment Committee.
Background SF10804 is a subdivision application relating to land in the Urban Release Area known as Moss Vale Road South. The application has been under assessment by Council for some considerable time. CL20.284 We request that the Chief Executive Officer submit a progress report to the December meeting of Council’s Development and Environment Committee outlining the status of current considerations and issues relating to SF10804 and an indication of when this subdivision application might be determined. We continue to be concerned about the supply-demand nexus for developable land meeting the housing needs of the community.
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CL20.285 Notice of Motion - Breastfeeding Friendly Workplace Accreditation
HPERM Ref: D20/509773
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 That Shoalhaven City Council implement the steps to become accredited as a breastfeeding friendly workplace by the Australian Breastfeeding Association: 1. This includes providing a private, comfortable space to feed or express milk for their babies 2. Formulating a breast-feeding policy that clearly outlines support for lactation breaks to allow mothers to feed/express during the working day 3. Clearly and comprehensively communicating this policy to staff to develop a cultural shift
within the organisation to a breast-feeding friendly workplace. CL20.285
Note by the Acting CEO Council has an Employee Breastfeeding Policy (POL 17/37) which accommodates all three recommendations; however, Shoalhaven City Council is currently not an accredited workplace as is recognised by the Australian Breastfeeding Association. If this recommendation is adopted Council staff will investigate the requirements to become accredited as a Breastfeeding Friendly Workplace and review and update the current policy accordingly, which is not considered to be a difficult outcome to achieve. Staff will work with the Communications Team to ensure widespread messaging throughout the organisation to raise awareness of the policy and the support that Council is able to offer.
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CL20.286 Notice of Motion - Climate Change
HPERM Ref: D20/510067
Submitted by: Clr Nina Digiglio Clr Annette Alldrick
Purpose / Summary The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.
Recommendation That the City of Shoalhaven 1. Affirms its commitment to future generations in addressing catastrophic climate change
and biodiversity loss through its on-going policies, strategies and leadership by supporting the declaration of a climate and biodiversity emergency. 2. Declare the climate and ecological emergency to communicate the urgency for change and a commitment to act, reflecting the urgency of the situation and setting a time frame for entering into an emergency mode as soon as is possible to halt biodiversity loss and reduce greenhouse gas emissions to net zero by 2025.
CL20.286 Background Australia’s Black Summer fires over 2019 and 2020 were unprecedented in scale and levels of destruction. Fuelled by climate change, the hottest and driest year ever recorded resulted in fires that burned through land two-and-a-half times the size of Tasmania (more than 17 million hectares), killed more than a billion animals, and affected nearly 80 percent of Australians. This included the tragic loss of over 450 lives from the fires and smoke, more than 3,000 homes were destroyed, and thousands of other buildings. While unprecedented, this tragedy was not unforeseen, nor unexpected. For decades climate scientists have warned of an increase in climate related disasters, including longer and more dangerous bushfire seasons, which have become directly observable over the last 20 years. Extremely hot, dry conditions, underpinned by years of reduced rainfall and a severe drought, set the scene for the Black Summer crisis. On the 17 December 2019, Clr Digiglio led a motion that tabled a Change.org petition of 879 signatures requesting that Council declare a Climate Emergency in the Shoalhaven. This was even before the bushfires either directly burnt or heavily impacted an estimated 80% of the Shoalhaven. After repeated deferrals, the petition was finally discussed in the May 2020 meeting where a motion was passed that “the petition asking Council to declare a climate emergency in the Shoalhaven be deferred until such time that Council has dealt with the COVID-19 of the economic crisis. It is time to bring this back to Council before summer 2020/21 season hits. Numerous community representations have been made and fears of last summer are in the minds of many citizens of the Shoalhaven, given summer is almost upon us again. The biological age of constituents was not a determining factor. Concerns crossed all age groups in relation to action to reduce emissions, waste and make changes that reduce their carbon footprint. The community want to do their bit to prevent further disasters and mitigate against possible adverse events, but stated they are looking for leadership from their Councillors to work collectively to protect our assets, resources and health of its people.
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Comment from the Acting CEO The Councils current resolution on the Petition to declare a climate emergency is as follows: “MIN20.314 That the matter of item CL20.59 - Petition asking Council to declare a climate emergency in the Shoalhaven be deferred until such time that Council has dealt with the COVID-19 of the economic crisis.
In accordance with that resolution the deferred report will be placed on a Meeting agenda by the CEO at a time where the COVID and related economic crisis has passed, unless the resolution on this item directs otherwise.
CL20.286
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CL20.287 Notice of Motion - Proposed Princes Hwy Alignments
HPERM Ref: D20/510104
Submitted by: Clr Bob Proudfoot
Purpose / Summary The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.
Recommendation That Council staff invite representatives of Transport for NSW to brief councillors and senior staff on proposed alignments for the Princes Highway in our L.G.A.
CL20.287
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CL20.288 Notice of Motion - Recruitment of Employees - Update request
HPERM Ref: D20/510146
Submitted by: Clr Bob Proudfoot
Purpose / Summary The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.
Recommendation That Council staff prepare a report on how effective the recruitment of employees in areas that had been experiencing a significant shortage, has gone during in the past 12 months or so.
CL20.288
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CL20.289 Notice of Motion - Tree Removal - Evans Street Lake Conjola
HPERM Ref: D20/510181
Submitted by: Clr Bob Proudfoot
Purpose / Summary The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.
Recommendation That Council staff facilitate the removal of the dead gumtree located in the road reserve near
Lot 383 1 Evans Street, Lake Conjola as a matter of urgency.
Background The owners of the said property have stated in correspondence that the tree in question can be viewed at 80 degrees from the southern wall of their residence and that with respect to council’s environmental assessment, the integrity of the tree in question is negative on all 9 items. Also, the owners have gone to great lengths to clearly establish that the ownership of CL20.289 the road is that of Shoalhaven City Council which was gazetted on 4/10/19 as a public road. In addition, the owners assert that the ownership impasse issue stems from council’s reliance on a GIS system that is not as accurate as it perhaps should be. They suggest that the boundaries of council land are much better determined by way of legal survey maps produced by council’s own surveyor and incorporated in the transfer of ownership.
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CL20.290 Report of the Strategy & Assets Committee - 10 November 2020
HPERM Ref: D20/506531
SA20.213 Notice of Motion - Donation Request - Slow Food HPERM Ref: Berry 2 Jervis Bay Inc. D20/480210 RECOMMENDATION 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.
SA20.215 DPOP 2020-21 - Quarterly Performance and Budget HPERM Ref: Report (July-September) D20/459982 RECOMMENDATION 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. CL20.290 2. Receive the September Quarterly Budget Review Report. 3. Adopt the budget adjustments as outlined in the September Quarterly Budget Review document.
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.
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SA20.221 Proposed Road Closure - Part Bolong Road HPERM Ref: Bomaderry - 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 City of Shoalhaven to all documentation required to be sealed.
CL20.290 SA20.222 Proposed Road Closure & Sale Jarretts Lane HPERM Ref: Kangaroo 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.
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SA20.223 Easement for Access Extinguishment Lot 48 DP HPERM Ref: 25550 and Road Dedication Lots 46 & 47 DP 25550 D20/426031 Island Point 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 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.
SA20.225 Creation of Asset Protection Zone over Council HPERM Ref: Unmade Road adjoining Lot 1 Sec 5 DP 758322 - 2 D20/461430 Jervis St, Currarong
RECOMMENDATION CL20.290 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.
SA20.230 Acquisition - Sewer Purposes - 9 Matron Porter HPERM Ref: Drive 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.
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3. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.
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.
CL20.290
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CL20.291 Report of the Shoalhaven Tourism Advisory Group - 26 October 2020
HPERM Ref: D20/477649
Attachments: 1. TA20.22 - Event Support Program Application Form ⇩ 2. TA20.22 - Guidelines - Event Support Program ⇩ 3. TA20.21 - Shoalhaven River Festival - Terms of Reference ⇩
TA20.22 Tourism Event Support Program HPERM Ref: D20/429187 RECOMMENDATION
That the Shoalhaven Tourism Advisory Group (STAG) formally request Council:
1. Recognise the importance of event partnerships to our visitor economy 2. Endorse the formalisation of the Event Support Funding Program, Guidelines, and Application Form, and 3. Proceed to implementation early 2021.
CL20.291 TA20.21 River Festival Update HPERM Ref: D20/427524 RECOMMENDATION That the Shoalhaven Tourism Advisory Group recommend the below members and request Council officially appoint the 2020 River Festival Committee as follows: a. Committee Chair: David Fleeting (& Arts liaison) b. Treasurer: Gary Wells c. Secretary: Kim Willett d. Logistics: Anna Butler e. Lighting/Sound/Entertainment: Brendon Comber f. Water Co-Ordinator: Ron Cowlishaw g. Arts Advisor to the Committee: Marla Guppy
TA20.24 Industry Feedback HPERM Ref: D20/437835 RECOMMENDATION That the Shoalhaven Tourism Advisory Group recommend to Council that: 1. Council request that the Contractors of the Nowra Bridge project provide a Briefing to the Shoalhaven Tourism Advisory Group. 2. Tourism Staff obtain further communication regarding the L’Etape Tour travelling through Kangaroo Valley and provide this information back to the Shoalhaven Tourism Advisory Group.
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Attachment 1
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CL20.292 Report of the Shoalhaven Traffic Committee - 10 November 2020
HPERM Ref: D20/489909
Attachments: 1. TC20.43 - PN 3597 (under separate cover) ⇨ 2. TC20.44 - PN 3609 Plan ⇩ 3. TC20.45 - PN 3615 Plan ⇩ 4. TC20.46 - PN 3619 Plan ⇩ 5. TC20.47 - PN 3552 Plans ⇩ 6. TC20.48 - PN 3616 Plans ⇩ 7. TC20.49 - PN 3617 Plans ⇩ 8. TC20.50 - PN 3618 Plans ⇩
The Shoalhaven Traffic Committee is a technical review committee not a committee of Council under the Local Government Act, 1993. The Roads and Maritime Services has delegated certain powers to Council under the Transport Administration Act 1988 (Section 50). A condition of this delegation is that Council must take into account the Traffic Committee recommendations.
IMPORTANT NOTE: CL20.292 Council cannot amend a Traffic Committee recommendation. The Council can only: 1. Adopt the Traffic Committee recommendation; 2. Not Adopt the Traffic Committee recommendation; or 3. Request the Traffic Committee reconsider the issue. Other issues can be raised as Additional Business at the Ordinary Meeting. The full guide to the delegation to Councils for the regulation of traffic can be viewed at: RMS Website
TC20.43 Major Event Road Closures - L'Etape Australia - 20 HPERM Ref: March 2021 (PN 3597) D20/473212 Recommendation That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed road closures and traffic management measures proposed for the L'Etape Australia major cycling event, proposed to be held on 20 March 2021 (or at a later date subject to COVID-19 related public health orders) (per the attached plans).
TC20.44 Proposed Roundabout - Larmer Avenue - The Park HPERM Ref: Drive (North) - Sanctuary Point (PN 3609) D20/435990 Recommendation That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed roundabout and associated signage and linemarking on Larmer Avenue and The Park Drive (North) Sanctuary Point, as per Plan No: D20/474004.
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TC20.45 Proposed Parking Restrictions - O'Keefe Avenue - HPERM Ref: Nowra (PN 3615) D20/473232 Recommendation That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed parking restrictions on O'Keefe Avenue, Nowra as per Plan No: D20/473582.
TC20.46 Proposed Parking Restrictions - Silver Strand HPERM Ref: Circuit - Hyams Beach (PN 3619) D20/473294 Recommendation That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed parking restrictions on Silver Strand
Circuit and adjoining sections of Cyrus Streets and Lister Circuit, as per Plan No: D20/473578.
TC20.47 Signage and Linemarking Plan - Boongaree Park HPERM Ref: Carpark - North Street Berry (PN 3552) D20/473209
Recommendation CL20.292 That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed signage and line marking associated with the Boongaree Park Carpark, as per Plan No: D20/473599.
TC20.48 Signage and Linemarking Plan - Lot 22 DP 1113929 - HPERM Ref: 79 Albatross Road West Nowra (PN 3616) D20/473236 Recommendation That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed signage and line marking associated with the development at 79 Albatross Road, West Nowra (per development consent condition 35), as per Plan No: D20/473568, subject to the following: 1. Removal of the shared zone signage from proposed plans as this is not enforceable within a private road 2. Installation of additonal pedestrian warning signage to reinforce the pedestrian nature of this area and promote slower speeds 3. Consideraiton be given to the installation of traffic calming devices to promote slower speeds.
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TC20.49 Signage and Linemarking Plan - Lot 1 DP 949932 - HPERM Ref: Taylors Lane Cambewarra - Residential Subdivision D20/473251 (PN 3617) Recommendation That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed signage, line marking and local area traffic management devices associated with the development at Lot 1 DP 949932, Taylors Lane Cambewarra (per development consent condition 35), as per Plan No: D20/473552.
TC20.50 Signage and Linemarking Plan - Lot 35 DP 262647 - HPERM Ref: Corks Lane Milton - Residential Subdivision (PN D20/473270 3618) Recommendation
That the Chief Executive Officer (Director City Services) be advised that the Shoalhaven Traffic Committee has no objection to the proposed signage and line marking associated with the development at Lot 35 DP 262647 - Corks Lane Milton (per development consent condition 43), as per Plan No: D20/473587.
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CL20.293 Code of Conduct Complaints - Annual Statistics Report - 1 September 2019 to 31 August 2020
HPERM Ref: D20/509390
Section: Business Assurance & Risk Approver: Paul Keech, Director - City Services
Attachments: 1. Code of Conduct Statistics - 1 September 2019 to 31 August 2020 ⇩
Reason for Report This report is being submitted directly to the Ordinary Meeting due to the short return date for submission of the statistics to the Office of Local Government by 31 November 2020. This report is submitted in accordance with Clause 11.1 of the Procedures for the
Administration of the Code of Conduct which requires that statistics concerning complaints made about Councillors and the CEO be reported to Council within 3 months of the end of September each year.
Recommendation That the Report of the Chief Executive Officer concerning complaints under the Code of Conduct for the period 1 September 2019 to 31 August 2020 be received for information.
CL20.293
Options 1. That the report be received for information as recommended Implications: This would meet the requirements under the Local Government Act and the Procedures.
2. That the report be accepted in accordance with the Code of Conduct Procedures and additional recommendations made. Implications: Not known – It should be noted that further recommendations would need to be in accordance with the provisions of the Local Government Act and the Procedures for the Administration of Code of Conduct Complaints.
Background Statistics of the Code of Conduct complaints received by Council are provided as Attachment 1 to this report. Council is required to provide the statistics to the Office of Local Government in accordance with Clause 11.2 of the Procedures for the Administration of the Code of Conduct. In summary, eleven (11) complaints about Councillors under the Code of Conduct were received in the reporting period. Eight (8) of those complaints were finalised at the outset by the Chief Executive Officer, four (4) being determined by alternative strategies and four (4) being determined as not amounting to a breach of the Code of Conduct. The remaining three (3) complaints were referred to a Conduct Reviewer. Of the three (3) Code of Conduct complaints referred to a Conduct Reviewer, one (1) was determined by the Conduct reviewer to not amount to a breach and the remaining two (2) have not yet been determined.
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Community Engagement No specific community engagement is required other than advising the public of Code of Conduct complaints via this annual reporting requirement of the Code of Conduct Procedures. The Office of Local Government publishes the statistics once collated.
Financial Implications As a general rule, the costs involved with handling complaints involving Councillors which are resolved by the Chief Executive Officer are estimated at approximately $900 each, but that can increase if the resolution involves greater complexity or multiple Councillors or if the matter is referred to a Conduct Reviewer. The total cost of dealing with Code of Conduct complaints received in the reporting period, including staff costs and Conduct Reviewer costs paid in the reporting period was approximately $13,420.
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Attachment 1
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CL20.294 Investment Report - October 2020
HPERM Ref: D20/509222
Section: Finance Approver: Kevin Voegt, Director - City Performance
Attachments: 1. Monthly Investment Report - Shoalhaven Council October 2020 (under separate cover) ⇨
Reason for Report This report is being submitted directly to the Ordinary Meeting due to the report from our investment advisors not being available in time for the Strategy and Assets Committee meeting.
In accordance with section 625 of the Local Government Act 1993 and Clause 212 of the
Local Government (General) Regulation, a written report is provided to Council setting out the details of all money it has invested
Recommendation That 1. The report of the Chief Executive Officer (City Performance) on the Record of
Investments for the period to 31 October 2020 be received for information. CL20.294 2. Council note Council’s investment portfolio returned 1.42% for the month of October 2020, exceeding the benchmark AusBond Bank Bill Index (0.13% pa) by 129 basis points (1.29%).
Options 1. The report on the Record of Investments for the period to 31 October 2020 be received for information Implications: Nil
2. Further information regarding the Record of Investments for the period to 31 October 2020 be requested Implications: Nil
3. The report of the Record of Investments for the period to 31 October 2020 be received for information, with any changes requested for the Record of Investments to be reflected in the report for the period to 30 November 2020 Implications: Nil
Background Please refer to the attached monthly report provided by Council’s Investment Advisor, CPG Research and Advisory Pty Ltd. All investments are within the current Minister’s Order. Investments are diversified across the eligible fixed interest universe and well spread across maturities. Available capacity exists in all terms, with medium term particularly relevant to new issues.
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Portfolio Return Council’s investment portfolio returned 1.42% for the month of October 2020, exceeding the benchmark AusBond Bank Bill Index (0.13% pa) by 129 basis points (1.29%). Council’s relative outperformance expanded through the falling rate cycle mainly due to longer dated deposits with yields around 1.8% which is far above any available deposit. The outperformance of Council’s portfolio continues to gradually decline as long-term investments mature and are replaced with low-interest deposits. The following graph shows the performance of Council’s investment portfolio against the benchmark on a rolling twelve (12) months basis. As can be seen, performance has consistently exceeded the benchmark due to the mix of Council’s investment portfolio.
CL20.294
Interest Earned – October 2020 The following table shows the interest earned for the month of October 2020. The interest earned for the month of October was $215,549, which was $27,044 below the current budget.
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Monthly Revised Revised Fund Actual Earned Difference Budget Budget Difference General $198,825 $119,443 ($79,381) $177,592 ($58,148) Water $30,236 $61,307 $31,071 $30,236 $31,071 Sewer $30,519 $34,799 $4,280 $34,765 $34 Total $259,579 $215,549 ($44,030) $242,593 ($27,044)
Interest Earned - Year to Date The bushfire/flood natural disasters and COVID-19 pandemic has subsequently reduced Council’s cash balance, which has resulted in a lower interest income than was budgeted for in the General Fund. The September Quarterly Budget Review resulted in a reduction in the interest income budget for the General Fund for the first quarter. The impact of these events on interest revenue continues to be monitored with necessary adjustments to be reported in
future quarterly budget reviews. The following table shows how the actual amount of interest earned year-to-date has performed against the total budget forecast with 34% of the year passed – to date the interest earned to the month of October was $729,882, 25.55% of the current full year budget.
Original Total Revised Fund Actual YTD % Achieved Revised %
Annual Budget Budget CL20.294 General $2,341,000 $485,982 20.76% $2,091,000 23.24% Water $356,000 $94,507 26.55% $356,000 26.55% Sewer $359,333 $149,392 41.57% $409,333 36.50% Total $3,056,333 $729,882 23.88% $2,856,333 25.55%
The graphs below illustrate the cumulative interest earned for the year for each fund against budget.
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CL20.294
Cash and Investment Balances
October 2020 September 2020
Cash and Investments Held Cash at Bank - Transactional Account $8,735,296 $10,084,139 Cash on Hand $37,020 $29,440 Other Cash and Investments $182,151,630 $174,926,926 $190,923,947 $185,040,505
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Fair Value Adjustment $627,151 $536,927 Bank Reconciliation $497,599 -$77,444 $1,124,750 $459,483
Book Value of Cash and Investments $192,048,697 $185,499,988
Less Cash & Investments Held In Relation To Restricted Assets Employee Leave Entitlements $7,923,913 $7,923,913 Land Decontamination $392,271 $389,160 Critical Asset Compliance $1,453,634 $1,440,965 North Nowra Link Road $28,273 $28,273 Other Internal Reserves $4,754,432 $4,394,804 Section 7.11 Matching Funds $311,169 $311,169 Strategic Projects General $476,604 $676,979
Industrial Land Development Reserve $5,702,736 $6,481,943 Plant Replacement $2,338,549 $2,633,764 S7.11 Recoupment $23,384,154 $23,551,315 Commitment To Capital Works $2,054,877 $2,104,107 Property Reserve $1,176,374 $1,242,666 Total Internally Restricted $49,996,988 $51,179,059
CL20.294 Loans - General Fund $2,923,994 $3,159,064 Self Insurance Liability $1,810,159 $1,644,231 Grant reserve $5,694,212 $5,843,417 Section 7.11 $14,582,663 $13,850,091 Special Rate Variation $6,765,408 $4,340,349 Storm Water Levy $835,457 $735,631 Trust - Mayors Relief Fund $191,575 $191,575 Trust - General Trust $2,844,233 $2,834,211 Waste Disposal $11,902,289 $11,276,193 Sewer Fund $28,926,008 $27,048,809 Sewer Plant Fund $2,859,335 $2,867,904 Section 64 Water $19,862,610 $19,789,894 Water Fund $26,696,330 $26,669,552 Water Communication Towers $2,474,554 $2,523,942 Water Plant Fund $3,715,932 $3,722,358 Total Externally Restricted $132,084,760 $126,497,221
Total Restricted $182,081,747 $177,676,279
Unrestricted Cash And Investments General Fund $9,966,949 $7,823,708
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Restricted Asset Movements The table below lists the major movements in Restricted Assets: Total Cash $6,548,709 Rates receipts at the beginning of the month Special rate variation $2,425,059 Rates receipts at the beginning of the month Sewer Fund $1,887,199 Normal timing of operations Unrestricted cash $2,143,241 Rates receipts at the beginning of the month
COVID-19 Impact September was a rates instalment month and the number of default properties continues to decline in October. As at 31 October 2020 the number of defaulted properties is 5,666 which is 9.62% of the total notices issued this rating year comparing to previously reported 14% (as at 19 October 2020). The total overdue amount is $7.74M, a reduction from $8.9M which was previously reported in the September Investment report. It is important to note that Council does not charge interest on overdue rates until 1 January 2021. Despite the negative impact of COVID-19, Council continues to maintain a sufficient level of
working capital and management closely monitors the cash position of the Council. CL20.294
Financial Implications It is important for Council to be informed about its investments on a regular basis. Revenue from interest forms a vital part of Council’s revenue stream.
Statement by Responsible Accounting Officer I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulations 2005 and Council’s Investments Policy POL19/72.
Olena Tulubinska Date: 17 November 2020
Responsible Accounting Officer
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CL20.295 Draft Financial Statements - Financial Year 2019/20
HPERM Ref: D20/509181
Section: Finance Approver: Kevin Voegt, Director - City Performance
Attachments: 1. Financial Statements Commentary (councillors information folder) ⇨ 2. General Purpose Financial Statements (councillors information folder) ⇨ 3. Special Purpose Financial Statements (councillors information folder) ⇨ 4. Special Schedules (councillors information folder) ⇨
Reason for Report
Under Sections 413 and 418 of the Local Government Act 1993, Council is required to formally refer the draft financial statements to audit, sign statements on the preparation of the statements, and set the date for the presentation of the audited financial statements to the public.
Recommendation
That: CL20.295 1. The Mayor, Deputy Mayor, the Chief Executive Officer and the Responsible Accounting Officer sign statements on the preparation of the Financial Statements for the year ended 30 June 2020 in accordance with Section 413(2)(c) of the Local Government Act 1993 and requirements under the Local Government Code of Accounting Practice and Financial Reporting Update No. 28 2. The draft Financial Statements for the year ended 30 June 2020 be formally referred to Council’s external auditor, Audit Office of New South Wales, in accordance with Section 413 of the Local Government Act 1993 3. Council present its audited Financial Statements and Audit Report to the public at the Ordinary Meeting of Council to be held on Tuesday 15 December 2020 and, in accordance with section 418 of the Local Government Act 1993, public notice of this date be placed on Tuesday 1 December 2020.
Options 1. Adopt the recommendation Implications: Council will proceed in submitting the Draft End of Year Financial Statements in line with the requirements of the Local Government Act.
2. Adopt part of the recommendation and make an alternative resolution Implications: Council will not meet the required timeframes for the submission of the Draft End of year Financial Statements
Background Council’s Financial Statements for the year ended 30 June 2020 have been prepared and informally referred for audit.
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In accordance with Section 413 of the Local Government Act 1993, Council must now formally refer these statements for audit. Prior to the completion of the audit, Council is required to provide its opinion on the Financial Statements. Section 413(2)(c) of the Local Government Act 1993 and the Local Government Code of Accounting Practice and Financial Reporting requires the Mayor, one other Councillor, the Chief Executive Officer and Responsible Accounting Officer to certify the following: 1. The General Purpose Financial Statements have been prepared in accordance with: • Local Government Act 1993 (as amended) and Regulations made thereunder • The Australian Accounting Standards and professional pronouncements • Local Government Code of Accounting Practice and Financial Reporting
And that to the best of Council’s knowledge and belief that the statements: • Present fairly the Council’s operating result and financial position for the year; and • Accord with Council’s accounting and other records
2. The Special Purpose Financial Statements have been prepared in accordance with: • NSW Government Policy Statement “Application of National Competition policy to Local Government” • Office of Local Government Guidelines “Pricing & Costing for Council Businesses: A Guide to Competitive Neutrality” • The Local Government Code of Accounting Practice and Financial Reporting
• The NSW Office of Water “Best-Practice Management of Water Supply and CL20.295 Sewerage Guidelines”
And that to the best of Council’s knowledge and belief, the statements: • Present fairly the operating result and financial position for each of Council’s declared business activities for the year, and • Accord with Council’s accounting and other records • Present overhead reallocation charges to the water and sewerage businesses as fair and reasonable
The General Purpose Financial Statements (Attachment 2) and Special Purpose Financial Statements (Attachment 3) have been prepared in accordance with the Local Government Code of Accounting Practice and Financial Reporting and applicable Accounting Standards (draft confidential copies are included in Councillors’ Information Folder). The General Purpose Financial Statements are prepared on a consolidated basis. The information presented reflects all of Council’s activities including the General Fund, Water Fund, Sewer Fund and any other entities controlled by Council. It should be noted that all internal transactions are eliminated, including expenses relating to Council rates, water usage charges, waste management charges, etc. levied on Council activities. The Special Purpose Financial Statements relate to activities that Council has declared as business activities under the National Competition Guidelines. Declared activities are further classified as either a Category 1 or Category 2 business depending on whether the annual turnover is above or below $2 million. In preparing the Special Purpose Financial Statements, certain taxes and charges that Council is not normally liable to pay must be calculated. These “notional” taxes include company income tax, land tax and payroll tax. These amounts are included in the Special Purpose Financial Statements but only as notional amounts. The audit of the draft Financial Statements has been reviewed and discussed with the Audit, Risk and Improvement Committee and the Audit Office on 9 November 2020, there were no
Ordinary Meeting – Tuesday 24 November 2020 Page 72 significant issues identified. The Financial Statements Commentary (Attachment 1) provides overview of Council’s year end financial results and key indicators. Community Engagement When the audit is finalised, the audited Financial Statements and Audit Report are to be presented to the public at a meeting of Council in accordance with Section 418 of the Local Government Act 1993. It is proposed that the Financial Statements and Audit Report be presented to the public at the Ordinary Meeting of Council to be held on Tuesday 15 December 2020. Public notice of this meeting will be made on Tuesday 1 December 2020 with the Financial Statements and Audit Report being available for inspection at Council’s offices and website from Tuesday 1 December 2020 to Tuesday 15 December 2020. The process that Council must follow in the preparation, audit and presentation of the Financial Statements is prescribed in detail by the Local Government Act 1993. The following timetable will allow these processes to be satisfied.
24 November 2020 Ordinary Meeting of Council – 2019/20 draft Financial
Statements presented to Council seeking Council to resolve to refer them for audit and make statements on the preparation as required by Section 413 of the Local Government Act 1993 and the Local Government Code of Accounting Practice and Financial Reporting Prior to 30 November 2020 Auditor’s report received by Council and the Financial Statements and Audit Report submitted to the Office of Local Government
1 December 2020 Public advertisement on Council website notifying that the CL20.295 Financial Statements and Audit Report are available for inspection at Council’s Offices, Libraries and on the website until 15 December 2020. The advertisement also advises that the Financial Statements and Audit Report will be presented to the public at a Council meeting on 15 December 2020. 15 December 2020 Ordinary Meeting of Council – Financial Statements and Audit Report presented to the public at a meeting of Council 23 December 2020 Closing date for public submissions on the Financial Statements. Any submissions received must be referred to Council’s auditor for consideration (Section 420)
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CL20.296 Manyana Residential Subdivision - Possible Purchase - Council Involvement Request
HPERM Ref: D20/506875
Section: Strategic Planning Approver: Robert Domm, Director - City Futures
Reason for Report This report is being submitted directly to the Ordinary Meeting as the letter to which it relates from the NSW Department of Planning, Industry & Environment (DPIE) was only received on 10 November 2020 and requires an urgent response To provide Council with the opportunity to consider a separate confidential report on
contributing financially to the possible acquisition of a property at Manyana.
The recommendation for consideration is provided in a separate confidential report; this is in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, if the information were disclosed, this would prejudice the commercial position of the person who supplied it.
Recommendation That Council in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993, consider a separate confidential report on the possible acquisition of a property at Manyana. CL20.296
Options 1. Council Accept the recommendation as presented Implications: Council will consider a separate confidential report outlining the proposal.
2. Not adopt the recommendation Implications: Council will not be able to consider a separate confidential report.
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CL20.297 Peak Season Service Levels
HPERM Ref: D20/488046
Approver: Paul Keech, Director - City Services
Reason for Report This report is being submitted directly to the Ordinary Meeting due to unexpected increases in visitation across the region as COVID19 restrictions are lifted.
Recommendation That Council note the increase the Works and Services maintenance budget as a result of the “COVID19 tourism demand” from October to the end of January. These additional
services to include:
Bin collection $145,000 Amenity cleaning $ 23,000 Parks Cleaning $ 40,000 Total $208,000 With the necessary budget adjustments being made as part of the December Quarterly
Review CL20.297
Options 1. As recommended Implications: Council staff will be better able to proactively manage the workload generated by increases visitation demand
2. That Council note the increase in visitations as a result of the “COVID19 tourism demand” from October to the end of January, and take no pre-emptive action to amend maintenance budgets, accordingly, instead relying on “mid week” catchup servicing. Implications: Complaints will likely rise and Council may not present the region as it hopes.
Background Recently, Council experienced visitations to the region over the October Long Weekend that reflected a “Christmas Demand” and the normal service levels fell short with servicing bins in public places. The result being overflowing bins and lots of complaints. The explanation was that with border closures, overseas travel banned, bushfire cancellations, everyone fed up with being indoors and COVID restrictions, Council is experiencing very high visitation numbers. At the Continuity Management Team meeting on the 22 October, the following two actions were agreed: 1. Council would lift its service levels to reflect a “Christmas Demand” from now until the end of January 2021 2. A report would be provided to Council explaining this initiative and the financial implications and seek endorsement of these actions
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Building Services Public amenity cleaning Level of Service is as follows: Service Level Start Date End Date Weeks Cleans/Wk Summer 01-Jan 05-Feb 5 836 Peak 06-Feb 27-Apr 12 740 Off Peak 28-Apr 24-Sep 21 545 Peak 25-Sep 31-Dec 14 740
We are currently in the peak season but experiencing Summer demand. An increased service level would entail moving up to the summer service level for an additional 11-week period. This will result in an additional 1,056 cleans. Based on the current average of $22 per clean the cost implication will result in an additional $23,000 to cover this. Works and Services The parks cleaning schedule for summer has been bought forward in the Basin and Southern Districts the cost of this additional service for 8 weeks is as follows: Basin two extra crews mid-week $33,384.80 Basin one extra crew on weekends $ 5,478.40 South one maintainer on weekends $ 1,341.60 Total $40,204.80
Public Bin collections have been raised to Summer Service Levels which means 5 Trucks CL20.297 operating on weekends throughout the region for 8 weeks at a total cost of $145,696.96 Commercial Services A review of Commercial Services operations has been conducted and no need to change to Christmas service has been identified. Bereavement Services continues to operate in accordance with the Health Orders and the COVID-19 Plan. This dynamic environment is expected to continue into 2021, however the adopted strategies are regarded as appropriate and meet community expectations. Fleet & Mechanical Services operations and services are not expected to be impacted. Increased support is expected to be required as a result of enhanced services in other Council functions. As long as these enhanced services include funding for their plant and vehicle requirements Fleet and Mechanical Services will be able to support their operations. Waste Services has an increase in the Suez recycling bin service from fortnightly to weekly for the 6 weeks over Christmas. Suez bring in additional trucks and staff to provide the service. These vehicles are not expected to be available due to normal services in other low tourist locations continuing until Christmas and is not expected to be required. Similarly the extended opening hours for tier 2 and tier 3 waste depots from now until Christmas appears unwarranted i.e. there is no increase in locals who are almost exclusive users of these facilities. Increased demand from commercial operators has been evident but being managed by the current depot operations. No increased demand for changes to waste depot hours or changed kerbside collection regimes has been evident to meet day visitors or visitors using accommodation waste requirements. This does not include the increased demand being experienced in Parks and Gardens public bins. Holiday Haven is experiencing increased patronage who have been acting, almost without exception, in accordance with the COVID-19 Plan. The nature of the business ensure that the operations are scalable and responsive to bookings as well as “drive in” guests. The
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Financial Implications $208,000 increase in maintenance budget which will need to be funded from savings or reductions in other services across the Council, not just the Works and Services budget.
Risk Implications N/A
CL20.297
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CL20.298 Shoalhaven Entertainment Centre - Improvements - Appointment of Builder
HPERM Ref: D20/509312
Section: Building Services Approver: Paul Keech, Director - City Services
Reason for Report To inform Council of the progress on the Shoalhaven Entertainment Centre Improvements and appointment of a builder to undertake the works. 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. This report is submitted directly to the Ordinary Council Meeting due to the urgent nature of these works and the public risk posed by the existing cladding materials attached to the Shoalhaven Entertainment Centre.
CL20.298 Recommendation That Council consider a separate confidential report in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993.
Options 1. Council accept the recommendation as presented. Implications: Stage 1 & 4 works proceed to meet target dates.
2. Council amend the recommendation. Implications: This may delay these important works.
Details At the Strategy & Assets Committee meeting on the 11 August 2020, Council resolved MIN20.566C as follows. That Council: 1. Note that the progress on the works associated with Shoalhaven Entertainment Centre as follows: a. Stage 1- Alucobond cladding replacement - Construction Ready b. Stage 2- Building Code of Australia (BCA) alterations - Construction Ready c. Stage 3a - Building improvement – Still under investigation d. Stage 3b - Technical and WHS upgrades – Still under investigation
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e. Stage 4- Kingspan cladding replacement - Construction Ready 2. Considers that a satisfactory result would not be achieved by inviting tenders due to the reasons listed below (pursuant to Section 55(3)(i) of the Local Government Act 1993), and resolves to proceed with the direct engagement of Edmiston Jones Architects (AEJ), for provision of design documentation, construction services, project management and contract administration to deliver the works associated with the Shoalhaven Entertainment Centre. a. Urgency to complete works as soon as practical due to the existing hazardous cladding materials, as referenced in the Fire Safety report, not to cause any unnecessary delay; b. Opportunity to undertake the works during current COVID operating restrictions; hence minimising impact to the community; c. Limiting project risk due to the project complexity and AEJs intimate knowledge and involvement in the project to date; d. The proposed replacement cladding is relatively unique and specialised to meet performance requirements and provide an acceptable installation on an existing structure; e. AEJ is a local organisation aligning with council local preference policy intentions. 3. Authorise the CEO (Director Asset & Works) to finalise and execute a new contract with AEJ Pty Ltd acting as the Principals Representative on behalf of Council; 4. Authorise the CEO (Director Assets & Works) to adjust the contract for variation CL20.298 components as delegated under the contract and including elements of Stage 3(a) and Stage (b) as appropriate; and 5. The adopted recommendations remain confidential in accordance with Section 10A(2)(d)(i) of the Local Government Act 1993 until contract is finalised
A contract has been entered into with AEJ for Design Services and Construction Project Management as resolved. As “Principals Representative” AEJ have completed their process as council agent to determine a suitable contractor to undertake these works and are now making recommendation to council for the nominated builder. In evaluating contractors, we asked AEJ to demonstrate a "value for money" process which has been undertaken as a selective arrangement with builders demonstrating the required expertise and capacity in delivering this type of work. AEJ have requested lump sum pricing for Stage 1 & 4 works as detailed, including a schedule of rates for additional works associated with 2 & 3, to be applied when the final scope is determined.
Community Engagement: Community engagement is being addressed through consultation with key stakeholders, including the Shoalhaven Arts Board. A detailed communications strategy and plan has been developed for implementation covering all aspects of the project, advising of any change to current operations and implementation of alternative arrangements. The aim to ensure customers and the community are kept informed with relevant information and contact details.
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At the Ordinary Meeting on the 26 May 2020 Council resolved as follows (MIN20.374) That: 1 A Council Reference Group be established to determine the detail design aspects associated with the Stage 3(a) Building Improvements and Upgrades 2 The Reference Group comprise: a. Three Councillors (to be appointed by Council resolution) i. Clr Watson ii. Clr Wells iii. Clr White b. Group Directors – Asset & Works, Finance, Corporate & Community Services c. Project Manager (Tim Fletcher) 3 The Council Reference Group be given delegated authority to make detail design
decisions within the limits of the allocated budget, which will be dissolved when Stage 3(a) reaches Practical Completion (as determined by the Project Manager) 4 The Council Reference Group be required to report back to all Councillors on decisions made on a periodic basis 5 The Council Reference Group have the ability to consult and seek input from relevant staff, specialist and users as required.
CL20.298 Policy Implications As referred to in preceding MIN20.566C item 2 noted above.
Financial Implications: Included within the confidential report.
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CL20.299 Tenders - Currarong Road Upgrade – CH7.5 – CH11.4 Km
HPERM Ref: D20/512378
Section: Works & Services Approver: Geoff Burrett, Section Manager - Projects & Technical Services
Reason for Report To allow Council to consider the Tender Evaluation Panel’s recommendation concerning Tender Reference 65375E for the construction of Currarong Road Upgrade – CH7.5 – CH11.4 km. 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. This report is submitted directly to the Ordinary Council Meeting pursuant to Clause 3 of
Council’s “Acceptance of Tenders – Reports to Council” Policy. CL20.299
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.
Details Currarong Road Upgrade – CH7.5 – CH11.4 km is part of Safer Roads project approved by council and has been designed to achieve Blackspot program deliverables. The project is being predominantly funded under a NSW Safer Roads Grant; a condition of which, as an economy stimulus measure, is that the works must be completed within the 2020/2021 Financial Year. The larger project is Currarong Road Upgrade – CH7.5 – CH11.7 km which has been divided into 2 stages to accommodate withing the current funding arrangement. • Stage 1 - Currarong Road Upgrade – CH7.5 – CH11.4 km • Stage 2 - Currarong Road Upgrade – CH11.4 – CH11.7 km
Council called Tenders for the Currarong Road Upgrade – 7.5 – 11.4 km project on 6th October 2020 which closed at 10:00am on 28th October 2020. Eight (8) tenders were received at the time of closing
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Tenders Received Tenders were received from the following:
Tenderer Location CKB Constructions Pty Ltd Gerringong Denrith Pty Ltd Goulburn Hisway Pty Ltd South Nowra J Group Pty Ltd Emu Planes - Sydney JBG Civil Pty Ltd Albion Park Pascall Group Pty Ltd Bomaderry Stefanutti Construction Pty Ltd Wollongong Yatcon Civil Pty Ltd Kiama
Details relating the evaluation of the tenders are contained in the confidential report.
Community Engagement: Adjacent property owners had been informed as part of REF process.
CL20.299 Policy Implications Nil for this report.
Financial Implications: Nil for this report.
Risk Implications: Nil for this report. Ultimately the awarded Tender and price will be public information.
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CL20.300 Development Application DA20/1349 Lot 1432 DP1231370 (no.4) Sand Drift Way Vincentia - Deferred from Development & Environment Committee
HPERM Ref: D20/475817
Section: Development Services Approver: Phil Costello, Director - City Development
Attachments: 1. Report to Development & Environment Committee - 6 October 2020 - Development Application DA20/1349 Sand Drift Way Vincentia (under separate cover) ⇨
Reason for Report This report is being submitted directly to the Ordinary Meeting due to the following resolution (MIN20.722) adopted by the Development & Environment Committee of 6 October 2020: That: 1. Given the significant community opposition that Development Application DA20/1349 be deferred to the next Council meeting to be held on 27 November 2020. 2. The CEO provide a report outlining possible reasons for refusal to be considered by CL20.300 Councillors including issues of: a. suitability of the location for health reasons, and b. compatibility with the character of the local area.
Recommendation That Development Application DA20/1349 be determined by Council having regard to the reasons provided in this report as requested.
Options 1. Refuse the Development Application in accordance with the following reasons for refusal: a. The information submitted with the development application does not satisfy the aims of the Shoalhaven Local Environment Plan 2014. (section 4.15(1)(a)(i) of Environmental Planning and Assessment Act, 1979) b. The information submitted with the development application does not satisfactorily demonstrate that the site is suitable for the proposed development. (Section 4.15(1)(b) & (c) of Environmental Planning and Assessment Act, 1979) c. The information submitted with the development application does not satisfactorily demonstrate compliance with the objectives of the R2 Low Density Residential Zone under the Shoalhaven Local Environmental Plan (SLEP) 2014. (section 4.15(1)(a)(i) of Environmental Planning and Assessment Act, 1979) d. Having regard to the number of submissions received objecting to the proposal and the issues raised, it is considered that the site is not suitable for the proposed development. (Section 4.15(1)(d) of Environmental Planning and Assessment Act, 1979).
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e. The location of car parking spaces does not allow the safe movement of vehicles entering and leaving the site. (Section 4.15(1)(c) of Environmental Planning and Assessment Act, 1979) f. The location of a car space parallel with the front boundary is not acceptable in the streetscape. (Section 4.15(1)(c) of Environmental Planning and Assessment Act, 1979) g. The location does not have capacity in the provision of health and other support services for the proposal (Section 4.15(b) of the Environmental Planning and Assessment Act 1979). h. The granting of development consent is not considered to be in the public interest. (Section 4.15(1)(e) of Environmental Planning and Assessment Act, 1979). Implications: A refusal would provide the applicant with the right to lodge an appeal to the Land and Environment Court against the determination.
2. Approve the Development Application (DA) in accordance with the recommendation of the report to the Development Committee 06/10/2020. Implications: Approving the DA will enable the provision of affordable housing. There are third party appeal rights through the NSW Land and Environment Court (L&EC) in particular circumstances.
3. Alternative recommendation. CL20.300 Implications: Council will need to specify an alternative recommendation and advise staff accordingly.
Background This application was considered by the Development and Environment Committee on 06 October 2020. Please refer to attached report. The Development & Environment Committee considered the report to Council and the numerous submissions made on behalf of residents of the Bayswood Community, who raised overwhelming objection to the proposal. Members of the Development & Environment Committee resolved that a further report be presented to Council which included possible reasons for refusal. Accordingly, reasons of refusal have been provided for Council’s consideration.
Community Engagement As outlined in the report to the Development and Environment Committee of 6 October 2020, there has been 156 public submissions received in relation to Council’s notification of the development. 154 were objections to the development from 102 households, and 2 were in support of the development.
Financial Implications There are potential cost implications for Council in the event of a refusal of the application. Such costs would be associated with defending any appeal in the Land and Environment Court, should the applicant utilise appeal rights afforded under provisions of the EP&A Act.
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Risk Implications An applicant may appeal to the Court against the determination pursuant to section 8.7 of the EP&A Act.
CL20.300
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CL20.301 NSW Public Spaces Legacy Program - Successful Grant Funding
HPERM Ref: D20/492074
Approver: Phil Costello, Director - City Development
Reason for Report This report is being submitted directly to the Ordinary Meeting due to the late receipt of the successful grant advice and take up the offer. Council has been advised that its application to the NSW Public Spaces Legacy Program has been successful and this report provides further detail in this regard.
Recommendation That Council receives the report advising of the successful application under the NSW Department of Planning, Industry and Environment (DPIE) Public Spaces Legacy program.
Options
1. As recommended. CL20.301 Implications: This will mean that Council will proceed to take the necessary steps to accept the grant funding and in due course implement the identified public open space project
2. An alternate recommendation as directed. Implications: This could include, for example, not accepting the grant offer and as a result not proceeding further. This would mean that Council would not access the $3 million that is being offered under this program.
Background On 5 August 2020, the NSW Government announced the $250 million Public Spaces Legacy Program to “provide long-term value by funding new and/or improved high-quality public and open spaces ensuring a legacy well beyond the COVID-19 economic recovery period”. The funding has been linked to achieving planning system improvements. The objectives of the Program are: • improve development assessment speeds and planning proposals (rezoning) timeframes • bring forward construction and the opportunity for jobs and economic activity in the short to medium term • support investment in the creation of high-quality public and open spaces to create a lasting community benefit • address critical open space shortfalls and improve the quality of existing public and open spaces.
Council is eligible to receive $3m to be spent on a public open space project. The successful project needs to be completed by December 2022.
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Councillors were briefed on the program and the possible public open space project on 20 August 2020, a detailed application was then prepared across several Directorates of Council and submitted to the NSW Department of Planning, Industry & Environment (DPIE) on 28 August 2020. The public open space project that was nominated to be funded, if successful, is the Ulladulla Harbour Revitalisation project. The application notes that the project will: activate the scenic Ulladulla waterfront precinct, by creating an accessible promenade which links the Ulladulla commercial centre, waterfront open-space, boating infrastructure and extensive recreational shared pathways. The project will support local business and the wider community by enticing visitors to visit Ulladulla as a destination once the town is bypassed with the construction of the Milton Ulladulla bypass. Council has now been advised via an email from DPIE on the 6 November 2020 that the application was successful, and to proceed, a Participation Agreement needs to be resolved and signed. The Participation Agreement includes the following:
a) DPIE will determine whether the Improvement Targets have been met for Monitoring Period 1 and Monitoring Period 2, at the end of each period being 31 December 2020 and 30 June 2021. b) If the Council achieves its targets during Monitoring Period 1 DPIE will: (i) invite the Council to submit a project plan for the planning, design, construction, or land acquisition costs for a Project; and
(ii) invite the Council to enter into a funding agreement following assessment of CL20.301 the project plan (referred to above). c) If a funding agreement is entered into it will provide for: (i) initial release of up to 10% of the total funding amount for the purpose of planning and design for the Project; (ii) release of 50% of the total funding amount for the purpose of acquisition and construction of the Project if the Council achieves its Improvement Targets during Monitoring Period 2; and (iii) release of 40% of the total funding amount upon completion of the Project. The proposed Participation Agreement includes milestones and targets regarding: • Implementing e-planning • Improvements - Median development application assessment timeframe • Improvements - Long standing regionally significant development applications and rezoning’s • Completion – Local Strategic Planning Statement The Participation Agreement needed to be signed by 20 November 2020 and a broader project plan for the planning improvements needs to be in place by 31 December 2020.
Community Engagement There has been no direct community engagement in the lead up to this report. It is envisaged that there would be a level of community engagement as Council proceeds to implement the public open space project that will be funded through this grant.
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Financial Implications This is understood to be a direct grant and if the commitments are ultimately met, would result in Council receiving $3 million in funding. The estimates that were included as part of the grant application included design and investigation work, construction and a contingency.
CL20.301
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CL20.302 Petition - Paws4Shoalhaven - Dog Off Leash Areas
HPERM Ref: D20/479052
Section: Recreation Community & Culture Approver: Jane Lewis, Director - City Lifestyles
Reason for Report This report is being submitted directly to the Ordinary Meeting due to the current policy direction; Council has received notification of a petition with over 500 signature (dated 26 October) and therefore needs to be reported to next Ordinary Meeting of Council. This report is in response to a change.org online petition containing 657 (4/11/20 8.25am) in relation to providing more dog off leash beach access in the Shoalhaven.
Recommendation That Council 1. Accept the petition from Paws4Shoalhaven for information. 2. Advise the Paws4Shoalhaven Group of the Access Areas for Dog Review process and
encourage their participation and engagement with them in this process. CL20.302
Options 1. Council accept the petition for information and invite the Paws4Shoalhaven group to engage in the dog review process. Implications: Accepting the petition for information and inviting the Paws4Shoalhaven group to actively participate in the review process of the Access Areas for Dogs Policy will allow Council staff to appropriately consider and address the requests as per the petition. While giving the broader community opportunity to comment on the Policy.
2. Council adopt an alternative recommendation Implications: Depending on the nature of an alternative recommendation, this may result in allocation of budget and resource which are currently committed to other projects.
Background Council have been informed by the Paws4Shoalhaven Group of an online Change.Org petition in relation to requesting more dog off leash beaches in the Shoalhaven. At the time of writing this report (4/11/20 at 8.25am) there was 657 signatures on the petition, Council is unable to verify the location of the signatories on this petition. An email from the Paws4Shoalhaven Group received on the 26 October 2020 identified that there were 541 Australian signatures (did not specify where in Australia) with an additional 48 signatures that were international. The Change.Org petition is located at https://www.change.org/Paws4ShoalhavenPetition The petition is requesting “Help us get 50 off-leash beaches in the Shoalhaven, families with dogs need you!”
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Council is proposing a review of the Access Areas Dog Policy. To date Council staff have been working on an issues paper and undertaking investigation of other councils dogs policies and approaches to dogs to inform this review. Further information on progress and the process will be provided to Councillors in the new year. The review of the Access Areas for Dogs Policy will have extensive community engagement and a number of opportunities for the community, including the Paws4Shoalhaven group, to provide feedback and be an active participant in the engagement process. Council understands the importance of the community’s health and well-being which often includes their dogs. Council endeavours to seek a balance in the uses of our public open space. This review will give the community and interested groups to provide Council with information and feedback in relation to the policy and the best way forward.
Community Engagement The Access Areas for Dogs review will have extensive community engagement through a number of methods including online and face to face opportunities.
CL20.302
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CL20.303 Recovery into Resilience Plan
HPERM Ref: D20/476391
Section: Recreation Community & Culture Approver: Jane Lewis, Director - City Lifestyles
Attachments: 1. Recovery Into Resilience Project Action Plan - November 2020 (under separate cover) ⇨
Reason for Report This report is being submitted directly to the Ordinary Meeting to inform the Council and seek its endorsement for the Recovery Into Resilience Project (RRP), its scope, Action Plan, partnerships and funding possibilities. The draft plan, having been consulted widely through Council’s Executive Management Team and briefed to the Councillor Consultative Group on 29 October 2020, is attached and to be published on the SCC Website and Facebook page.
Recommendation (Item to be determined under delegated authority) That Council 1. Note the Recovery into Resilience Project is an extension of, and consistent with, the vision of the successfully executed February 2020 Recovery Action Plan from the
Currowan and Comberton Grange Bushfire; CL20.303 2. Note that a dedicated funding stream has been sought for the Recovery into Resilience Project by the NSW State Government; 3. Endorse the attached November 2020 Recovery into Resilience Project Action Plan; and, 4. Endorse the ongoing engagement of Mr. Vince Di Pietro as the Recovery into Resilience Project Coordinator and Recovery into Resilience Project Team Chair.
Options 1. Endorse RRP Action Plan - Recommended. Implications: Overall confidence building measure for all Shoalhaven isolated communities addressing the identified problems of poor information flow especially during emergency situations. For Shoalhaven during emergency activations: • Resilient and robust provision of informed, authoritative advice and situational awareness reporting capability from the Emergency Operations Centre (EOC) to Shoalhaven Council owned facilities and amenities; • Real time information to the EOC of localised intelligence and information during crises from the community. For Shoalhaven during other times: • Information hubs for Council information and news.
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Broader implications: • Having proven the concept in the Shoalhaven LGA, the model has implications Australia wide for areas where communications and power are problematic or subject to disruption.
2. Modify RRP Action Plan; Implications: The RRP Action Plan is designed to be tailored and scalable across each community information hub to accommodate each sites specific needs and existing or proposed community information source configurations (one size does not fit all). Any modification to this plan needs to be cognisant of maintaining consistency and amenity to the community in equal and fairly distributed measure.
3. Reject RRP Action Plan;
Implications: This option is possible but not sustainable given the Community expectation and need, government support and funding for the Plan and allocated funding.
Background Council’s vision for the recovery from the impacts of the recent bushfires and preparation for future disasters is for Shoalhaven to be in a better, stronger and more resilient position than CL20.303 it was prior to the bushfire emergency. There are many and understandably significantly diverse impacts on the Community in the wake of drought, bushfires, inundations and COVID-19. The most noticeable and much enunciated impact has been community confidence. The Royal Commission into Natural Disaster Arrangements, the NSW Independent Inquiry into the 2020 Bushfires both identified, and Council recognises that community led resilience is the foundation of our residents’, ratepayers’ and visitors’ preparation, readiness, response and recovery from disasters and environmental challenges. Community-led resilience is underpinned by ownership, partnership and leadership of planning with Council, research and Emergency Response agencies. Mitigation of any sense of uncertainty or helplessness during or after an emergency is key to community resilience in emergency. The community’s confidence and resilience are fundamentally dependent on both access and availability of timely and authoritative sources of information and a reliable power supply to assure uninterrupted access to information. The Recovery into Resilience Project was designed to meet the underpinning challenges to community-led resilience, community awareness, knowledge and confidence, and the provision of uninterrupted flow of information across the City of Shoalhaven.
Community Engagement Extensive community engagement and feedback has been continuous since the Currowan bushfire. The non-exhaustive list of community engagement includes community meetings, site visits, community group interactions with Council, Recovery Helpline calls received and call back follow-ups, testimony to the Royal Commission into Natural Disaster Management Arrangements, the NSW Government Independent Inquiry, Get Ready webinars and Facebook live stream, and Health and Wellbeing working group workshops. Community feedback and information has been fundamental to arrive at the Council Recovery into Resilience Project as the most achievable, most urgent need. The RRP is the establishment
Ordinary Meeting – Tuesday 24 November 2020 Page 92 of confidence building measures through direct interaction with the community and partnerships with research, commercial and academic providers. Utilising these partnerships, Council will coordinate the growth of community led resilience and establish ‘information hubs’ for the Community by upgrading power and communication reliability to its amenities and facilities across our City’s 4,600 square kilometre area.
Policy Implications The Recovery into Resilience Project (RRP) is a risk assessment and needs-based activity seeking to prioritise and address urgent and basic community expectations. Understandably, each Community’s perspective and perceived needs will vary across the diverse geography of Shoalhaven’s 4,600 square kilometres. Council’s commitment is to complement existing work while making the most effective use of available and emerging resources – both within existing Council budgets and available funding and grants. Three Project Activity Streams have been presented and approved by Council and its Executive Management Team. Each Stream intersects and complements the other two, is
scalable and can be updated or expanded in the future.
Long Term Community-Led resilience. This Activity Stream involves the 10 to 20 year view of Community-led resilience embracing Community human and economic wellbeing, and the Community’s vision for the local environment, emergency and disaster management. It will be a completion of previous work from Griffith University’s research in the Sussex Inlet area and continuing its study through other Shoalhaven Communities. It will be conducted under Council supervision with assistance of the Federal Recovery Support Officer, currently
seconded to SCC for the next nine months. CL20.303 Short Term Community Readiness (‘the crocodile closest to the canoe’). This Stream involves preparing for next season with the necessary published information and checklists designed to better inform Communities of the signals, messages and protocols to educate the Community and visitors in the event of an emergency. This will be conducted under close supervision of Council with assistance of the Local Emergency Management Committee (LEMC), Local Emergency Management Officer (LEMO) and NSW Community Recovery Officer (seconded to SCC for twelve months from mid-October). Highest Risk / Most Urgent Need. The most evident needs were outlined in the many statements and testimonies to the Royal Commission into Natural Disasters, NSW State Government’s Independent Inquiry into the Summer 2020 Bushfires and many press and academic commentaries. The flow, or lack thereof, of authoritative, accurate and continuous information was a significant cause of community concern. The primary disruptors to communications generally were the significant vulnerabilities to both power and communications. Both of these disruptions, invariably, were the main causes of poor information flow and understandable feelings of helplessness and fear in the Community, given the fires’ proximity and significant presence of heavy smoke. Examples of Project Activity may include power and communication redundancy options involving renewables, available micro-grid applications, emergency power generation and digital satellite-based internet. Direct involvement of Shoalhaven’s City Lifestyles Directorate will explore lawful and accountable partnerships with providers whose innovation assisted greatly during the Currowan Fire (such as Endeavour Energy and NBN Skybridge), in concert with potential commercial providers of relevant digital, electronic and electrical devices.
The RRP Action Team The Shoalhaven Local Recovery Coordinator (LRC) will be the Recovery into Resilience Project Coordinator (RePCO) and Chair. RePCO will interact and connect as necessary with:
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• Council • Existing / potential partners • Local Emergency Management Committee (LEMC) • State / Federal Government Agencies to advance the Project and keep Council informed through the Mayor and Council’s Chief Executive Officer (CEO). The Recovery into Resilience Project Teams (RRPT) will meet weekly and comprise the following membership: • Recovery into Resilience Project Coordinator and Chair (RePCO) • Long Term Community Led Resilience Action Team Lead (LTCo) o Federal Recovery Support Officer (FRSO) • Community Readiness Action Team Lead (ComReadiness) o NSW Community Recovery Officer (NSWCRO) o Local Emergency Management Officer (LEMO) • Comms and Power Coordination Team Lead (CoPCO) o Council Power SME
o Council IT / Comms SME CL20.303 A standing invitation exists for the RRPT Governance Lead (Interim Director City Lifestyles) to attend any or all meetings. Secretarial / administrative support minuting meetings and progress will be in attendance. The Team will invite, as necessary, any specialist advice to attend meetings as appropriate.
Financial Implications The RRP funding stream is a work in progress and State Government support is a strong possibility due to this project’s applicability across many other Regional areas of NSW and further afield. RRP has not been submitted with the Bushfire Local Emergency Relief (BLER) Funding. It has been presented as a stand-alone project and is complementary to other similarly focussed projects such as the Bushfire Retrofit Economic Stimulus Proposal. State Government support for RRP has been advised as has recognition of its utility and urgency by interested agencies such as the Mindaroo Foundation CEO, Mr. Kim Wilkie.
Risk Implications Using a risk-based assessment consistent with principles of AS/NZS 4360 Risk Management, Council’s critical infrastructure and amenities have been identified and assessed to determine the greatest risk and, therefore, priority of need for the allocation of resources to address vulnerabilities experienced during the fire but, most of which, are not fire-specific and prevalent throughout the year’s variety of emergencies (flood, wind, accident, fire). Examples of Project Activity may include power and communication redundancy options involving renewables, existing micro-grid applications, emergency power generation and digital satellite-based internet. Direct involvement of Shoalhaven’s City Lifestyles Directorate will explore lawful and accountable partnerships with providers whose innovation assisted greatly during the Currowan Fire (such as Endeavour Energy and NBN Skybridge), in concert with potential commercial providers of relevant digital, electronic and electrical devices.
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All decisions are to be made utilizing AS/NZS 4360 Risk Management principles. This ensures that the primary assessment of need is truly based on Recovery into Resilience and not just a ‘nice to have’ community beautification activity. There is room for both, however, the urgency is to mitigate risk and treatment of residual risk as much as possible. To this end, a ‘pilot’ location will be selected to initiate, implement and prove the concept of the RRP. A successful Pilot identifies ‘bugs’ early and offers confidence for the RRP to rectify any problems before expanding into other geographic locations. The RRP Pilot has a target of no more than 60 days to prove the concept successfully.
CL20.303
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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.