BUSINESS PAPER ORDINARY MEETING OF COUNCIL

To be held at 6.00 pm on

Monday 30 January 2017

Council Chambers, Level 10, Council Administration Building, 41 Burelli Street, Wollongong

Order of Business Members 1 Acknowledgement of Traditional Owners Lord Mayor – 2 Civic Prayer Councillor Gordon Bradbery OAM (Chair) 3 Apologies Deputy Lord Mayor – 4 Disclosures of Pecuniary Interest Councillor John Dorahy 5 Petitions and Presentations Councillor Michelle Blicavs 6 Confirmation of Minutes - Ordinary Meeting Councillor David Brown of Council 12/12/2016 Councillor Leigh Colacino 7 Confirmation of Minutes - Extraordinary Councillor Chris Connor Meeting of Council 16/01/2017 Councillor Bede Crasnich 8 Public Access Forum Councillor Vicki Curran 9 Call of the Agenda Councillor Janice Kershaw 10 Lord Mayoral Minute Councillor Ann Martin 11 Urgent Items Councillor Jill Merrin 12 Notice of Motions Councillor Greg Petty 13 Agenda Items Councillor George Takacs

QUORUM – 7 MEMBERS TO BE PRESENT

Ordinary Meeting of Council 30 January 2017

INDEX

PAGE NO.

Minutes of Ordinary Meeting of Council 12/12/2016

Minutes of Extraordinary Meeting of Council 16/01/2017

ITEM D Lord Mayoral Minute – Skydiving Activities – Stuart Park ...... A-1

ITEM E Lord Mayoral Minute – Urgent Review and Assessment ...... B-1

ITEM A Notice of Motion - Councillor Merrin - Policy Review - Private Principal Certifying Authority (PCA) Complaint ...... 1

ITEM B Notice of Motion - Councillor Merrin - Stuart Park Briefing ...... 3

ITEM C Notice of Motion - Councillor Merrin - Trust Fund ...... 4

ITEM 1 Planning Proposal for Amendments to State Environmental Planning Policy (Three Ports) 2013 for the Port Kembla Precinct - Post Exhibition Report ...... 5

ITEM 2 Tender T16/32 - Blue Mile Tramway Seawall and Shared Path Upgrade ...... 11

ITEM 3 Tender T16/29 - Stage 2 Construction of a New Landfill Cell at Whytes Gully ...... 16

ITEM 4 Replacement and asset life extension of Parking Meters ...... 20

ITEM 5 Gender Pay Equity Reporting ...... 26

ITEM 6 December 2016 Financials ...... 40

ITEM 7 Statement of Investments - November and December 2016 ...... 51

ITEM 8 Quarterly Report on Development Applications Involving Variations to Development Standards - 1 July to 30 September 2016...... 59

ITEM 9 City of Wollongong Traffic Committee - Minutes of Electronic Meetings held 11 and 13 January 2017 ...... 61

ITEM 10 Bi-Monthly Tabling of Returns of Disclosures of Interest and Other Matters ...... 69

Minutes of Ordinary Meeting of Council 12 December 2016

MINUTES ORDINARY MEETING OF COUNCIL

at 6.00 pm

Monday 12 December 2016

Present Lord Mayor – Councillor Bradbery OAM (in the Chair), Councillors Kershaw, Connor, Brown, Takacs, Martin, Merrin, Blicavs, Dorahy, Colacino, Crasnich (until 8.17 pm), Curran and Petty

In Attendance General Manager – D Farmer, Director Corporate and Community Services – Creative, Engaged and Innovative City (Acting) – K Hunt, Director Infrastructure and Works – Connectivity, Assets and Liveable City (Acting) – G Doyle, Director Planning and Environment – Future, City and Neighbourhoods – A Carfield, Manager Governance and Information – K Cowgill, Manager Finance – B Jenkins, Manager Property and Recreation (Acting) – P Dorahy, Manager Environmental Strategy and Planning – R Campbell, Manager Community Cultural and Economic Development (Acting) – S Savage, Manager City Works and Services – M Roebuck, Manager Project Delivery – G Whittaker and Manager Infrastructure Strategy and Planning – M Dowd

Minutes of Ordinary Meeting of Council 12 December 2016

INDEX

PAGE NO.

Disclosure of Interests ...... 1

Presentation – Results of Research Project – Year 6 Students from Wollongong Public School ...... 1

Confirmation of Minutes of Ordinary Meeting of Council held on Monday, 21 November 2016 ...... 1

Public Access Forum – Validity of Blue Mile Master Plan ...... 1

Call of the Agenda ...... 2

ITEM A Notice of Motion - Councillor Colacino - Reckless Driving through the Royal National Park ...... 2

ITEM B Notice of Motion - Councillor Curran - Public Recognition for the Late Rex Connor ...... 2

ITEM 1 Wollongong Section 94A Development Contributions Plan (2016) - Post Exhibition ...... 3

ITEM 2 Submission on the Draft Medium Density Housing Code and Draft Design Guide ...... 3

ITEM 3 Submission on the Draft Coastal Management SEPP ...... 3

ITEM 4 Future Direction of Wollongong City Council's Youth Services ...... 3

ITEM 5 Bulli Beach Dune Management Options ...... 4

ITEM 6 Review of Delegations to the General Manager in light of Local Government Act Amendments ...... 5

ITEM 7 Draft Council Policy: Related Party Disclosure ...... 5

ITEM 8 Tender T16/35 Whytes Gully Community Recycling Centre ...... 6

ITEM 9 Tender T16/36 Grand Pacific Walk - Provision of a Footpath between Coalcliff and Stanwell Park ...... 6

ITEM 10 Proposed Naming of Roads at Avondale and Bulli ...... 6

ITEM 11 Proposed Transfer of Council Land to Itself to Enable Issue of Certificates of Title for Land at Dapto ...... 7

ITEM 12 Model Code of Conduct Complaints Statistics Report 2015-2016 ...... 7

ITEM 13 October 2016 Financials ...... 7

Minutes of Ordinary Meeting of Council 12 December 2016

ITEM 14 Statement of Investments - October 2016 ...... 7

ITEM 15 City of Wollongong Traffic Committee - Minutes of Meeting held 16 November 2016 ...... 8

Minutes of Ordinary Meeting of Council 12 December 2016

DISCLOSURE OF INTERESTS Councillor Martin declared non-significant, non-pecuniary conflict of interest in Items 2 and 3 insofar as she works for the Department of Planning and Environment and both matters engage or refer aspects of work to the Department. Councillor Martin advised that she would be remaining in the Chamber during debate and voting on both matters. Councillor Martin declared a significant, non-pecuniary conflict of interest in Item 4 as her son uses the services of Port Kembla Youth Services. Councillor Martin advised that she would depart the Chamber during debate and voting on this matter. Councillor Takacs declared a non-significant, non-pecuniary conflict of interest in Item 1 because he believed it involved a possible change to the Section 94 Contributions for his employer, the University of Wollongong. Councillor Takacs advised that he would depart the Chamber during debate and voting on this matter. Councillor Connor declared a significant, non-pecuniary conflict of interest in Item B in that the matter relates to a direct family member, though deceased. Councillor Connor advised that he would depart the Chamber during debate and voting on the matter.

PRESENTATION – RESULTS OF RESEARCH PROJECT – YEAR 6 STUDENTS FROM WOLLONGONG PUBLIC SCHOOL The Lord Mayor tabled a copy of a Research Project undertaken by Year 6 students at Wollongong Public School and he summarised the results. The students will be heading to Canberra in recognition of their success and he extended his congratulations to the Year 6 students, as well as Wollongong Public School.

CONFIRMATION OF MINUTES OF ORDINARY MEETING OF COUNCIL HELD ON MONDAY, 21 NOVEMBER 2016 143 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Blicavs that the Minutes of the Ordinary Meeting of Council held on Monday, 21 November 2016 (a copy having been circulated to Councillors) be taken as read and confirmed.

PUBLIC ACCESS FORUM – VALIDITY OF BLUE MILE MASTER PLAN Mr I Young said that Council had been using the City Foreshore Plan of Management (PoM) in assessing development applications and leases in the area covered by the Blue Mile Master Plan since 2008. The City Foreshore PoM was never approved and the Statutory PoM for both Stuart Park and City Beach were not revoked. He stated that the City Foreshore PoM is not a statutory document and elements of this PoM are in direct conflict with elements in the Statutory PoMs in so much as conditions in the Statutory PoMs restrict and/or prohibit activities listed as permissible in the City Foreshore PoM. He felt that the failure to use the correct PoMs is seen as a very serious breach of Council’s responsibilities under both the Local Government and Crown Land Acts. Mr Young urged Councillors to instigate full and comprehensive investigations into the circumstances and implications of the use of the City Foreshore POM and the non- considerations of the Statutory PoMs. He also urged Councillors to direct Council management to comply with their legal responsibilities under both the Local Government and Crown Land Acts.

144 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Merrin that Mr Young be thanked for his presentation and invited to table his notes.

Minutes of Ordinary Meeting of Council 12 December 2016

CALL OF THE AGENDA 145 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Crasnich that the staff recommendations for Items 3, and 8 to 15 inclusive, be adopted as a block.

ITEM A - NOTICE OF MOTION - COUNCILLOR COLACINO - RECKLESS DRIVING THROUGH THE ROYAL NATIONAL PARK 146 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Colacino seconded Councillor Kershaw that Council staff write to all Departments responsible for the safe driving of vehicles using Lawrence Hargrave Drive, Otford Road, Lady Wakehurst Drive and Sir Bertram Stevens Drive in the Royal National Park and further to the Helensburgh roundabout, requesting that investigations take place with a view to addressing the reckless, irresponsible and dangerous road usage in this area.

DEPARTURE OF COUNCILLORS Due to a prior disclosure of interest, Councillor Connor departed the Chamber and was not present for debate and voting on Item B. During debate and prior to voting on Item B, Councillors Colacino and Blicavs departed and returned to the meeting, the times being from 6.28 pm to 6.29 pm, and from 6.28 pm to 6.30 pm respectively.

ITEM B - NOTICE OF MOTION - COUNCILLOR CURRAN - PUBLIC RECOGNITION FOR THE LATE REX CONNOR A PROCEDURAL MOTION was MOVED by Councillor Crasnich seconded Councillor Martin that an additional three minutes be granted to Councillor Curran to address the meeting in relation to Item B. 147 COUNCIL’S RESOLUTION - RESOLVED on the motion of Councillor Curran seconded Councillor Crasnich that in recognition of the Late Reginald Francis Xavier “Rex” Connor and his significant contribution to Wollongong and representation in Local, State and Federal Government, Council consider dedicating and naming a public park and viewing platform at Hill 60 Port Kembla, ‘Rex Connor Park’, or some other suitable form of recognition with reference to Council’s Community Recognition Program Policy, and following community and stakeholder consultation. Variation The variation moved by Councillor Brown to add the words “or some other suitable form of recognition with reference to Council’s Community Recognition Program Policy, and following community and stakeholder consultation” was accepted by the mover and seconder. In favour Councillors Kershaw, Brown, Martin, Takacs, Merrin, Blicavs, Dorahy, Crasnich, Curran, Petty and Bradbery Against Councillor Colacino

Minutes of Ordinary Meeting of Council 12 December 2016

DEPARTURE OF COUNCILLOR Due to a prior disclosure of interest, Councillor Takacs departed the Chamber and was not present during debate and voting for Item 1.

ITEM 1 - WOLLONGONG SECTION 94A DEVELOPMENT CONTRIBUTIONS PLAN (2016) - POST EXHIBITION 148 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Blicavs that - 1 The Wollongong Section 94A Development Contributions Plan (2016) be adopted including the additional amendments proposed as per the recent Ministerial Direction dated 14 April 2016 and renumbering of the exemption subclauses under clause 13. 2 The adoption of the Plan be notified in the local newspapers in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

ITEM 2 - SUBMISSION ON THE DRAFT MEDIUM DENSITY HOUSING CODE AND DRAFT DESIGN GUIDE 149 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Merrin that the draft submission on the Draft Medium Density Housing Code and Medium Density Design Guide be endorsed for finalisation by the General Manager and provided to the State Government.

ITEM 3 - SUBMISSION ON THE DRAFT COASTAL MANAGEMENT SEPP The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 145). COUNCIL’S RESOLUTION – The draft submission on the draft Coastal Management SEPP be endorsed for finalisation by the General Manager and provided to the State Government.

DEPARTURE OF COUNCILLORS Due to a prior disclosure of interest, Councillor Martin departed the Chamber and was not present during the debate and voting on Item 4. During debate and prior to voting on Item 4, Councillor Colacino departed and returned to the meeting, the time being from 7.21 pm to 7.23 pm.

ITEM 4 - FUTURE DIRECTION OF WOLLONGONG CITY COUNCIL'S YOUTH SERVICES 150 COUNCIL’S RESOLUTION - RESOLVED on the motion of Councillor Bradbery seconded Councillor Takacs that – 1 Council note the report. 2 Consideration of the matter be deferred to the Council meeting on 8 May 2017, and include a review of any transition arrangements. 3 Council Officers, and available Councillors, meet with Neighbourhood Youth Work Program providers once more to determine their ability to meet Council’s requirements for the delivery of youth services to the 12-24 year old demographic in the Wollongong Local Government Area. From 1 July 2017, services deemed compliant will enter new funding agreements setting out clear objectives and data collection methods and these will be reviewed by Council quarterly. Non-compliance will result in the termination of the funding agreement.

Minutes of Ordinary Meeting of Council 12 December 2016

4 Any current providers who do not engage in the process in (3) above, will be deemed as non-compliant and the funding agreement terminated. 5 The outcome of this process with the current providers be the subject of a Councillor Briefing in April 2017. Variation The variations moved by –  Councillor Brown to include the words “and include a review of any transition arrangements” to Part 2; and,  Councillor Kershaw to include the words “and available Councillors” to Part 3, were accepted by the mover and seconder. In favour Councillors Connor, Brown, Takacs, Merrin, Dorahy, Colacino, Crasnich and Bradbery Against Councillors Kershaw, Blicavs, Curran and Petty

DEPARTURE OF COUNCILLORS Prior to the vote being taken for Item 5, the time being 8.17 pm, Councillor Crasnich departed the meeting. During debate and prior to voting on Item 5, Councillor Blicavs departed and returned to the meeting, the time being from 8.17 pm to 8.18 pm.

ITEM 5 - BULLI BEACH DUNE MANAGEMENT OPTIONS MOVED by Councillor Dorahy seconded Councillor Blicavs that – 1 Dune re-profiling be progressed at Bulli Beach. 2 Council provide continuing dune management works to minimise the dune growth.

At this stage, Councillor Brown FORESHADOWED a MOTION should Councillor Dorahy’s Motion be defeated. Councillor Dorahy’s MOTION on being PUT to the VOTE was LOST. In favour Councillors Dorahy and Petty Against Councillors Kershaw, Connor, Brown, Martin, Takacs, Merrin, Blicavs, Colacino, Curran and Bradbery

Following the defeat of Councillor Dorahy’s Motion, Councillor Brown’s FORESHADOWED MOTION became the MOTION. Councillor Brown’s MOTION on being PUT to the VOTE was CARRIED UNANIMOUSLY. 151 COUNCIL’S RESOLUTION – RESOLVED on the motion of Councillor Brown seconded Councillor Kershaw that - 1 Dune re-profiling not be progressed at Bulli Beach. 2 Installation of a tower to address sight line issues at Bulli Beach be progressed through the annual planning process. 3 Dune vegetation management works continue to be undertaken at the site in accordance with the Dune Management Strategy.

Minutes of Ordinary Meeting of Council 12 December 2016

ITEM 6 - REVIEW OF DELEGATIONS TO THE GENERAL MANAGER IN LIGHT OF LOCAL GOVERNMENT ACT AMENDMENTS 152 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Connor that - 1 Council note the report on Delegations to the General Manager – Tendering. 2 Council delegate to the General Manager all of the delegable functions of the Council, but excluding: a Those functions specified in clauses (a) to (u) of section 377(1) of the Local Government Act 1993. b The granting of leases of Council property where the total lease rental payable to Council for the term of the lease is more than $1 million (including GST). c The granting of leases of Council property where the term of the lease is for 10 years or more. d The acceptance of tenders required to be invited pursuant to section 55 of the Local Government Act 1993 as at the date of this delegation. 3 Council fix the amount of $3,000 as the amount above which any individual rate charge or debt owed to the Council may be written off only by resolution of the Council pursuant to clauses 131(1) and 213(2) of the Local Government (General) Regulation 2005. 4 Council delegate to the General Manager the determination of certain Development Applications in accordance with the Independent Hearing and Assessment Panel Charter. 5 Council receive a report in the final quarter of each calendar year of in-progress tenders to consider providing delegation to accept specific tenders within a specified time period. 6 Council delegate to the General Manager, Lord Mayor and Deputy Lord Mayor, the authority to accept, or otherwise, by a majority determination, tenders under the following Request for Tender processes between 13 December 2016 and 29 January 2017: i T16/34 Nicolson Park Woonona - Playground Replacement ii T16/38 Solar Photovoltaic Systems iii T16/40 Bridge Maintenance of Cabbage Tree Creek Fairy Meadow iv T16/41 Cathodic Protection of Bridge 2 at Yallah Bay Road Yallah with a report on the exercise of such delegation to be provided to the Ordinary Meeting of Council in February 2017.

ITEM 7 - DRAFT COUNCIL POLICY: RELATED PARTY DISCLOSURE 153 COUNCIL’S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Curran seconded Councillor Brown that – 1 The Related Party Disclosure Policy be adopted. 2 A Councillor Briefing be held early in 2017 to discuss permitted recipients and also the Government Information (Public Access) Act 2009 status (points 6 and 7 of the policy, respectively).

Minutes of Ordinary Meeting of Council 12 December 2016

ITEM 8 - TENDER T16/35 WHYTES GULLY COMMUNITY RECYCLING CENTRE The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 145). COUNCIL’S RESOLUTION – 1 In accordance with clause 178(1)(a) of the Local Government (General) Regulation 2005, Council accept the tender of Project Coordination (Australia) Pty Ltd for the Whytes Gully Community Recycling Centre, for the sum of $897,840.00, excluding GST. 2 Council delegate to the General Manager, the authority to finalise and execute the contract and any other documentation required to give effect to this resolution. 3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required, to give effect to this resolution.

ITEM 9 - TENDER T16/36 GRAND PACIFIC WALK - PROVISION OF A FOOTPATH BETWEEN COALCLIFF AND STANWELL PARK The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 145). COUNCIL’S RESOLUTION – 1 a In accordance with clause 178(1)(b) of the Local Government (General) Regulation 2005, Council decline to accept any of the tenders received for Tender T16/36 Grand Pacific Walk - Provision of Footpath between Coalcliff and Stanwell Park and resolve to enter into negotiations with suitable contractors with a view to entering into a contract in relation to the subject matter of the tender. b In accordance with clause 178(4) of the Local Government (General) Regulation 2005, the reason for Council hereby resolving to enter into negotiations with suitable contractors and not inviting fresh tenders is that it is anticipated that a satisfactory outcome can be achieved with a contractor who demonstrates a capacity and ability to undertake the works. 2 Council delegate to the General Manager the authority to undertake and finalise the negotiations with a suitable contractor with a view to entering into a contract in relation to the subject matter of the tender. 3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required, to give effect to this resolution.

ITEM 10 - PROPOSED NAMING OF ROADS AT AVONDALE AND BULLI The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 145). COUNCIL’S RESOLUTION – Action be taken under Section 162 of the Roads Act 1993 to name the following roads - 1 Road at Avondale off South Avondale Road as “Linbrook Lane”. 2 Unnamed lane currently numbered as Lane 54 between George Avenue and William Street, Bulli as “Chilby Lane”.

Minutes of Ordinary Meeting of Council 12 December 2016

ITEM 11 - PROPOSED TRANSFER OF COUNCIL LAND TO ITSELF TO ENABLE ISSUE OF CERTIFICATES OF TITLE FOR LAND AT DAPTO The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 145). COUNCIL’S RESOLUTION – 1 Council authorise the transfer of Lots 308 – 313 DP 1188000 to itself. 2 The General Manager be delegated authority to finalise and execute the transfer and any other documentation required to give effect to this resolution. 3 Council grant authority for the Common Seal of Council to be affixed to the transfer document and any other documentation required to give effect to this resolution.

ITEM 12 - MODEL CODE OF CONDUCT COMPLAINTS STATISTICS REPORT 2015-2016 The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 145). COUNCIL’S RESOLUTION – The report on Model Code of Conduct Complaints Statistics report for 2015-2016 be received and noted.

ITEM 13 - OCTOBER 2016 FINANCIALS The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 145). COUNCIL’S RESOLUTION – 1 The financials be received and noted. 2 Proposed changes in the Capital Works Program be approved.

ITEM 14 - STATEMENT OF INVESTMENTS - OCTOBER 2016 The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 145). COUNCIL’S RESOLUTION – Council receive the Statement of Investments for October 2016.

Minutes of Ordinary Meeting of Council 12 December 2016

ITEM 15 - CITY OF WOLLONGONG TRAFFIC COMMITTEE - MINUTES OF MEETING HELD 16 NOVEMBER 2016 The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 145). COUNCIL’S RESOLUTION – In accordance with the powers delegated to Council, the Minutes and recommendations of the City of Wollongong Traffic Committee Meeting held on 16 November 2016 in relation of the Regulation of Traffic be adopted.

THE MEETING CONCLUDED AT 8.48 PM

Confirmed as a correct record of proceedings at the Ordinary Meeting of the Council of the City of Wollongong held on 30 January 2017.

Chairperson

Minutes of Extraordinary Meeting of Council 16 January 2017

MINUTES EXTRAORDINARY MEETING OF COUNCIL

at 5.30 pm

Monday 16 January 2017

Present Lord Mayor – Councillor Bradbery OAM (in the Chair), Councillors Kershaw, Connor, Brown, Takacs, Merrin, Blicavs, Dorahy (until 5.31 pm), Colacino, Crasnich, Curran and Petty

In Attendance General Manager – D Farmer, Director Corporate and Community Services – Creative, Engaged and Innovative City (Acting) – K Hunt, Director Infrastructure and Works – Connectivity, Assets and Liveable City (Acting) – G Doyle, Director Planning and Environment – Future, City and Neighbourhoods – A Carfield, Manager Governance and Information (Acting) – J Reilly and Manager Property and Recreation – P Coyte

Apologies Min No. 1 COUNCIL'S RESOLUTION - RESOLVED UNANIMOUSLY on the motion of Councillor Kershaw seconded Councillor Crasnich that the apology tendered on behalf of Councillor Martin be accepted.

Minutes of Extraordinary Meeting of Council 16 January 2017

INDEX

PAGE NO.

Disclosure of Interests ...... 1

ITEM A Notice of Motion – Councillor Merrin - Development Application DA-2014/306 - Skydive the Beach...... 1

Minutes of Extraordinary Meeting of Council 16 January 2017

DISCLOSURE OF INTERESTS Councillor Dorahy declared a pecuniary interest in Item A as he is a minor shareholder in the business which is the subject of the Notice of Motion. Councillor Dorahy advised that he would depart the meeting during the debate and voting on Item A. Councillor Dorahy departed the meeting at this stage, the time being 5.31 pm.

Councillor Curran declared a non-pecuniary, non-significant interest in Item A as she was previously a Council employee, however did not work on this matter. She also advised that she was a previous member of Wollongong Against Corruption, Protect our Parks Incorporated and several State-wide groups which are interested in governance and management of Crown Land. Councillor Curran advised that she would remain at the meeting during debate and voting on the matter.

ITEM A - NOTICE OF MOTION – COUNCILLOR MERRIN - DEVELOPMENT APPLICATION DA-2014/306 - SKYDIVE THE BEACH MOVED by Councillor Merrin seconded Councillor Takacs that - 1 An urgent, comprehensive report come to Council for consideration at the meeting of 20 February 2017 on the Stuart Park Reserve Trust, the Plan of Management, as well as previous, current and proposed leases and licences for Stuart Park, and development applications. 2 The report include: a all decisions on these matters under delegated authority and Council resolution; b a chronology of the dealings and agreements with Skydive the Beach, and their occupation and activities in Stuart Park, including information on the terms of all current leases (if any) and licences; c all legal advice and all documents associated with the current and previous development applications; d reasons as to why these licences and leases (if any) have not been included on Council’s Public Register; e an update of where the process is up to regarding any proposed new leases and licences for tourist or private recreation facilities and uses in Stuart Park Reserve; f details of how the current proposal by Skydive the Beach complies, or does not comply, with the current Stuart Park Plan of Management; g studies undertaken by Council or Skydive the Beach in response to the 2015 request by the Independent Hearing and Assessment Panel (IHAP) regarding alternative sites for the proposed building and activities; h details of how Council will ensure proper market-testing of any lease or licence to Skydive The Beach, having regard to the profitability of similar activities elsewhere and the lack of a transparent competitive tender process; i all advice and directions given to Council, as Trustee for Stuart Park Public Reserve, by the Department of Industry-Lands and the Office of Local Government, regarding leases, development applications (DAs), and renewal of leases for development and uses in Stuart Park; j any advice, direction, responses and approvals by the Minister administering Crown Lands in regard to the Stuart Park Reserve Trust including the plans of managements, DAs, leases and licences for tourism and for-profit organisations or companies. 3 The report also include independent senior legal advice which addresses the following:

Minutes of Extraordinary Meeting of Council 16 January 2017

a The legality of Council’s decisions in the case of the recommendations of the IHAP being adopted and the DA approved, having regard to the provisions of: i the Trustee Act; ii the recent Talus decision (Application of Willoughby City Council [as manager of the Talus Reserve Trust], Equity Division, Supreme Court NSW, 2016); iii the Crown Lands Act; iv the Rutledge principles (The Municipality of Randwick vs Rutledge, High Court, 1959), which still apply today, and hold that “Crown land held on trust for public recreation requires the land to remain open to the public generally as of right and not be a source of private profit. Public profits are allowed provided they are reinvested in the trust”; and, v the Local Government Act, especially the provisions relating to Plans of Management; b Council’s obligations and responsibilities under the relevant Acts, as Trustee for Stuart Park Public Reserve, in regard to: i financial accounting and reporting practices, and, ii Council’s ability to issue leases or licences to for-profit organisations or companies. 4 Until the above reports are received and considered by Council on 20 February 2017, all delegated responsibility for Development Application 2014/306 be suspended, and no approvals or decisions be taken or executed under previous delegated responsibility or resolutions of Council. 5 DA-2014/306 be determined by elected Councillors.

A PROCEDURAL MOTION was MOVED by Councillor Brown that the motion be put. The PROCEDURAL MOTION on being PUT to the VOTE was CARRIED.

Councillor Merrin’s MOTION on being PUT to the VOTE was LOST. In favour Councillors Takacs and Merrin Against Councillors Kershaw, Connor, Brown, Blicavs, Colacino, Crasnich and Bradbery Councillors Curran and Petty abstained from the vote and as a result, were recorded as voting against the motion.

THE MEETING CONCLUDED AT 5.59 PM

Confirmed as a correct record of proceedings at the Ordinary Meeting of the Council of the City of Wollongong held on 30 January 2017.

Chairperson

Ordinary Meeting of Council 30 January 2017 A-1

File: GI-80.06.02.01.010 Doc: IC17/34 ITEM D LORD MAYORAL MINUTE - SKYDIVING ACTIVITIES - STUART PARK

I RECOMMEND THAT – 1 Council’s resolution of 27 April 2015 be reaffirmed and, in particular, the following points of that resolution be noted - a Point 1 which in part states “….Council support in principle the activity of skydiving at Stuart Park and reaffirm this component of the Blue Mile Master Plan”, and, b Point 4 which in part states “Seek approval from Crown Lands Division (Deputy Director General) to directly deal, and prior to this process starting, Council acquire two independent valuations, the highest will form the basis of our negotiations with the current lessee/licensee …”; 2 Council reaffirm its policy and procedures for the assessment of development applications, as recommended by ICAC and set out in the Independent Hearing and Assessment Panel (IHAP) Charter adopted by Council on 27 May 2008 and most recently reviewed on 14 September 2015. 3 Council acknowledge that Skydive the Beach has been operating from Stuart Park since 1999 and presents a unique business activity as outlined in the resolution of Council of 27 April 2015. 4 Construction of any replacement skydiving and integrated public toilets, café facility and associated lease and skydiving licence operations in Stuart Park be determined by resolution of Council; not under delegated authority. 5 Council provide a dedicated single point of web access to relevant background documents pertaining to the Skydive Beach proposal.

Ordinary Meeting of Council 30 January 2017 B-1

File: LM-911.05.002 Doc: IC17/48 ITEM E LORD MAYORAL MINUTE - URGENT REVIEW AND ASSESSMENT

I RECOMMEND THAT: 1 The General Manager undertake an urgent review and assessment of why appropriate staff and subsequently Councillors were not made aware of an “Assessment of Heritage Significance” report pertaining to the former “Caretaker’s Cottage, Stuart Park, North Wollongong”. This review be presented to Councillors by March 2017, and include - a A chronology of actions and responsibilities (or failure thereof) pertaining to the authorisation, commissioning, receipt of, escalation, prioritisation and inclusion of the “Assessment of Heritage Significance” report and its recommendations in further considerations by Council. b An investigation as to the reasons why this document was not placed in the Council’s records system. 2 The Professional Conduct Coordinator be engaged to review staff behaviour and practices in this matter resulting in the General Manager instructing the withdrawal of DA-2017/36. 3 An update be provided to Councillors on Monday, 6 February in relation to this matter.

Ordinary Meeting of Council 30 January 2017 1

File: CO-910.05.01.006 Doc: IC17/30 NOTICE OF MOTION - COUNCILLOR MERRIN - POLICY REVIEW - PRIVATE PRINCIPAL ITEM A CERTIFYING AUTHORITY (PCA) COMPLAINT

Councillor Merrin has submitted the following Notice of Motion – “I formally move that Council review its ‘Private Principal Certifying Authority Complaint Policy’ as a matter of urgency”.

Background provided by Cr Merrin: The need for a review – it’s urgent! Council’s ‘Private Principal Certifying Authority (PCA) Complaint Policy’ (the Policy) is an important policy. It, and the accompanying Complaint Procedure Fact Sheet, explain the respective roles of Council and private certifiers in the management of building and development sites, and the place of public complaint in relation to these roles. The Policy, developed on the basis of NSW Ombudsman recommendations, has not been reviewed since its adoption in November 2011. It was due for review in November 2016, but has been delayed because of the potential Council merger. It is now planned to review the policy in June 2017. This delay should be avoided, because of the importance of the policy, and the uncertainty about the timing of any potential merger. The great majority of developments throughout the LGA are under the control of private certifiers. For example, in 2014/15, 97% of Complying Development Certificates and 80% of Construction Certificates were issued by private certifiers http://www.datareporting.planning.nsw.gov.au/ldpm-executive-summary. In its present form, the policy presents as many questions as answers. Management of development sites requires reliable and timely information about the state and impact of works. Contrary to this requirement, there is a strong suggestion within the policy of a serious monitoring and information gap, compromising management of the construction stage, and an implication that public complaint can fill that gap. The overarching question is: Does this policy allow Council to fulfil its regulatory and enforcement responsibilities for ensuring developments throughout the LGA comply with consent conditions? To fulfil its responsibilities for development compliance, Council requires timely reliable monitoring information. The policy makes clear that Council is not involved in routine inspection of these sites. For information about non-compliance, Council is dependent on referrals from private certifiers and complaints from the public. It is deeply questionable whether private certifiers or the public are in a position to provide the information Council needs. As sources of information, certifier referrals and public complaints are necessary but by no means sufficient. The general public cannot be expected to hold specialist knowledge. Private PCAs are under considerable pressure not to cause delay in construction. They are also caught up in a conflict of interest, obliged to police those they rely on for work. Council does not keep figures on how many ‘notices of intention to issue an order’ it receives from private PCAs, however Council staff’s rough estimate of the number of notices and/or orders issued by private PCAs in the 5-year life of the policy is 100. This is not many in view of the amount of demolition and development the LGA has undergone in that time. In the NSW Ombudsman’s latest recommendation on the role of councils where there is a private PCA (“Model Compliance and Enforcement Model Policy” Dec 2015), the emphasis is on distinguishing Council’s role from the private certifier’s role; Council’s role being described as a regulatory and enforcement one, while the private PCA is responsible for building and construction compliance.

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A reasonable interpretation of the Ombudsman’s recommendations is that Council should monitor sites if its regulatory and enforcement role requires it. Further, no State or Federal Law can be interpreted as proscribing Council from routinely monitoring developments. Current Complaint Procedure – down the rabbit hole 1 Most complainants, needing to know the complaint procedure and/or name and phone of the private PCA, will make Council their first contact point; the policy requires PCA contact details to be displayed on the site fence but this, it seems, is not common practice. 2 The second point of contact for the complainant will be the private PCA, who will require an unpredictable length of time to persuade their client to do the right thing or, should that fail, to issue a ‘notice of proposed order’, a copy of which Council will receive in due course. 3 If the complainant is not satisfied with the private PCA’s response, the next port of call, according to the Procedure Fact Sheet, is the Building Professionals Board (BPB) in Sydney, where the complainant will be told that their concern is first and foremost a Council responsibility. 4 Providing the complainant hasn’t lost heart, they will either persevere with the BPB or contact Council again; depending on the advice/help received, they may finally have the complaint considered. The BPB’s procedure for complaints concerning developments differs from that of Council. The points of contact are defined as being, first, the property owner, then the PCA, and then Council http://bpb.nsw.gov.au/concerns-development/roles-enforcement. The BPB advises that its investigatory capacity is limited to the conduct of private certifiers and does not include quality of work on a given site. It is quick to warn that most complaints it receives are dismissed. The picture given by the BPB website is that the process of having a complaint heard by the BPB would be onerous for a government or professional body, let alone a member of the public. It is unreasonable for Council to expect the public to endeavour to have complaints heard by the BPB. Despite Council’s dependence for information on public complaint, the Policy and the Fact Sheet discourage complaint to a degree that seems unnecessary. The two policy documents emphasise the discretionary nature of Council’s role. The impression given is that Council is more the “keeper of records” than an active player. It is stated that Council is not directly involved in inspecting development sites. It is also stated that Council is significantly impeded from responding to enquiries about them because it does not have ready access to relevant professional reports. However, in Section 5.2.1, the Policy states that Council can and will take immediate action when required, that is, without first referring the concern to the private certifier. The Policy’s list of situations that are regarded as likely to require immediate action is broad, in effect covering anything that is in the public interest. At the same time, situations that require ‘immediate action’ are described as exceptional. This is both confusing and discouraging. Arguably, the policy reinforces the already widespread impression throughout the community, including among Council staff, that Council is unable to take action where there is a private PCA involved, irrespective of the seriousness of the matter. An Example – sediment control As an example of the need for urgent review of the Policy, the Wollongong Development Control Plan (DCP) requires frequent, regular inspection and maintenance of run-off controls, including at times of rain. However, the DCP does not indicate who is responsible for the initial or ongoing inspection, or how Council is to ensure an adequate regime of inspection and maintenance. The expectation that public complaint fills Council’s information gap is unrealistic. Only if run-off were to cause problems for adjacent residences or roadways is public complaint probable. Even then, the complaint is untimely – the stormwater system has already been exposed to avoidable sediment load. In fact, delay is a weakness for the Policy in general. The complaint procedure is unwieldly and confounding for both staff and public.

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File: CO-910.05.01.006 Doc: IC17/32 ITEM B NOTICE OF MOTION - COUNCILLOR MERRIN - STUART PARK BRIEFING

Councillor Merrin has submitted the following Notice of Motion – “I formally move that Council receive an urgent briefing on matters relating to Stuart Park, including current Plans of Management, leases and licences, staff actions in relation to these matters, and the legal implications.”

Background provided by Councillor Merrin: There has been a lot of staff activity surrounding the Plans of Management relating to Stuart Park over recent years. There has also been much staff discussion with other parties surrounding the Plans of Management and development application for commercial activities in the Park. There is also a need to arrange appropriate processes for changes to Plans of Management and proposed leases and licences. Councillors have not been fully informed of such activities and discussions, and have not had the opportunity to discuss and decide on changes and processes on these matters. An urgent briefing is required to fully inform Councillors and provide an opportunity to discuss future processes.

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File: CO-910.05.01.006 Doc: IC17/31 ITEM C NOTICE OF MOTION - COUNCILLOR MERRIN - TRUST FUND

Councillor Merrin has submitted the following Notice of Motion – “I formally move that Council set up a separate Trust Fund for the management and reporting of monies relating to Council’s role as Trustee for Crown lands.”

Background provided by Councillor Merrin: Council currently manages monies from the Crown lands for which we are Trustee, as part of consolidated revenue. However, the Handbook for Crown Reserve management and the Local Government Act require us to manage and report on these monies separately. All profits from our Crown land management is to be reinvested into the reserves.

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File: PP-2014/12 Doc: IC17/1 PLANNING PROPOSAL FOR AMENDMENTS TO STATE ENVIRONMENTAL PLANNING ITEM 1 POLICY (THREE PORTS) 2013 FOR THE PORT KEMBLA PRECINCT - POST EXHIBITION REPORT

On 4 April 2016, Council resolved to prepare a draft Planning Proposal for the area of Port Kembla covered by the State Environmental Planning Policy (Three Ports) 2013, to make a number of amendments including permitting the temporary use of under-utilised sites and buildings within the Bluescope holdings for light industrial and office use. The draft Planning Proposal was exhibited between 24 September 2016 and 24 October 2016. This report considers the six submissions received from Government agencies during the exhibition process and recommends that the Planning Proposal be forwarded to the NSW Department of Planning and Environment for the preparation of a draft Local Environmental Plan and finalisation.

RECOMMENDATION The Planning Proposal be forwarded to the NSW Department of Planning and Environment for amendments to State Environmental Planning Policy (Three Ports) 2013 to be prepared and made.

REPORT AUTHORISATIONS Report of: Tony Miskiewicz, Manager Environmental Strategy and Planning (Acting) Authorised by: Andrew Carfield, Director Planning and Environment - Future City and Neighbourhoods ATTACHMENTS 1 Location Map

COMPLIANCE WITH OFFICE OF LOCAL GOVERNMENT GUIDELINES ON COUNCIL DECISION MAKING DURING MERGER PROPOSAL PERIODS The recommendation in this report satisfies the requirements of the OLG Guidelines - Council Decision Making During Merger Proposal Periods.

BACKGROUND The Port of Port Kembla is state significant infrastructure. The Planning controls for the port precinct are covered by the State Environmental Planning Policy (Three Ports) 2013. Council undertook the Port of Port Kembla Land Use Strategy in 2006-2007 in order to guide planning controls for the port and to ensure protection for the vital functions of the port and future support services. In 2009, the NSW State government developed the Three Ports Proposal to create a State Environmental Planning Policy to provide planning controls for the port area. These controls subsequently became incorporated into the current State Environmental Planning Policy (Three Ports) 2013. In 2012, the NSW State Government leased the port to the Port Authority of NSW for a term of 99 years. Due to a downturn in steel production, BlueScope Steel announced that they would need to save approximately $200 million per year, or the steel making operations may need to cease. As part of these savings, BlueScope identified a number of surplus or under-utilised sites that could possibly be leased on short term basis. In 2015, BlueScope approached Council to assist in seeking greater flexibility in the planning controls provided by the State Environmental Planning Policy to enable the utilisation of vacant buildings and sites. Council also received requests for the utilisation of BlueScope land from two community organisations, which were supported by BlueScope. The Planning Proposal and associated maps are at Attachment 1. On 22 February 2016 Council deferred consideration of a report on proposed amendments to the Three Ports SEPP for a Councillor briefing. A Councillor briefing was held on 29 February 2016.

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On 4 April 2016 Council considered a further report and resolved that: 1. A draft Planning Proposal be prepared to amend the State Environmental Planning Policy (Three Ports) 2013, for the Port Kembla precinct to: a permit a Community Facility (Men’s Shed) on part of Lot 1 DP 606434 off Visitor Road, Springhill Road, Port Kembla; b permit a car park associated with a Place of Worship on part of Lot 1 DP 606432 (Nos 1-3) Newcastle Street, Cringila; c introduce a heritage map showing the location of the heritage listed items; d delete the heritage listing of ‘Gardens around Former House and Adjacent Driveway’ at 2 Electrolytic Street (Gloucester Boulevard); e permit a range of Exempt and Complying development on the non-leased lands within the SEPP area; f permit the use of surplus administration buildings within the BlueScope site (as described in the report) for temporary Office premises, provided: i the additional use ceases if the premise is sold; ii the additional use ceases within 10 years; iii the reconstruction or replacement of the building is not permitted. g permit the use of surplus industrial buildings, warehouses and hard stand areas within the BlueScope site (as described in the report) for temporary light industrial, storage and distribution, and warehousing uses, provided: i retail premises are not permitted; ii the additional use ceases if the premise is sold; iii the additional use ceases within 10 years; iv the reconstruction or replacement of the building is not permitted. 2 The draft Planning Proposal be referred to the NSW Department of Planning and Environment for a Gateway determination and, if approved, exhibited for a minimum period of 28 days. 3 Council advise the NSW Department of Planning and Environment that it is willing to accept plan making delegation should the Department agree. The Planning Proposal was forwarded to the NSW Department of Planning and Environment for a Gateway determination. The Department considered the request and eventually granted a Gateway determination, but with conditions that the Planning Proposal be amended to limit the proposed additional uses to cease within 5 years, and that the proposed changes to Exempt and Complying provisions be removed from the Planning Proposal. In accordance with the conditions of the Gateway determination, the amended draft Planning Proposal was forwarded to the NSW Department of Planning and Environment for permission to exhibit. The draft Planning Proposal was exhibited between 24 September 2016 and 24 October 2016.

PROPOSAL The draft Planning Proposal seeks to amend the State Environmental Planning Policy (Three Ports) 2013, to facilitate a number of improved temporary development outcomes, including;  Enabling a “community facility” (Men’s Shed) to be developed on part of Lot 1 DP 606434, near the “Industry World” Visitor Centre;  Enabling the use Lot 1 DP 606432, 1-3 Newcastle Street, Cringila for a car park to support the Islamic Society of Illawarra’s place of worship at 1-3 Bethlehem Street, Cringila;

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 Enabling the use of the “Clyde Curruthers” building for a warehouse for bulky goods storage/distribution;  Enabling the use of the “Garage” building for office and workshop for office premises, general or light industry;  Enabling the use of the “H V Warehouse” building for office premises and workshop for office - general or light industry;  Enabling the use of “CRM BSL Water” building for office premises, general or light industry;  Enabling the use of the “CRM BSL Admin” building office for office - general or light industry;  Enabling the use of the “CRM Hardstand” area for commercial, general or light industry;  Enabling the use of the “Whitehouse” building and car park for office premises, general or light industry;  Enabling the use of “Cabana” building for office premises, general or light industry;  Enabling the use of the “Commercial” building and car park for office premises, general or light industry;  Enabling the use of the “Steel Direct” building and old house for office premises;  Enabling the use of the “Christy Drive” building office premises, general or light industry;  Enabling the use of “Stainless Facility” warehouse, office buildings and hardstand for bulky goods storage/distribution, and office premises, general or light industry. The location of these sites is indicated on Attachment 1. The draft Planning Proposal also proposes to introduce a Heritage Map, showing heritage items within the area of Port Kembla covered by the SEPP (Three Ports) 2013, and delete the heritage listing of ‘Gardens around Former House and Adjacent Driveway’ at 2 Electrolytic Street (Gloucester Boulevard), which no longer exist. The draft Planning Proposal will provide BlueScope Steel greater flexibility in allowing for a number of temporary alternative uses on their under-utilised sites. The short term limitations on the use of the sites to five (5) years, allows for a reasonable use of vacant sites for BlueScope, while providing for the longer term security of the precinct for port and port-related uses. The limitation of the alternative uses to existing sites and 5 year restriction on uses also provides support for the longer term transition of these uses into appropriate nearby centres, such as Wentworth Street, Port Kembla and Wollongong CBD. The provisions will also require that BlueScope must maintain ownership of the lands. The temporary uses will not sterilise scarce industrial land. The proposed heritage map layer is logical, helps inform members of the public and landholders, and does not contradict the intent of the Three Ports SEPP.

CONSULTATION AND COMMUNICATION The Planning Proposal was exhibited between 24/9/2016 and 24/10/2016. The Planning Proposal and other relating documents were available for view at:  Libraries at Wollongong, Warrawong and Dapto during library hours;  Council Administration Building between 9am and 5pm weekdays; and  Council’s website. Letters / emails were sent to various Government agencies, Healthy Cities – Illawarra and the Islamic Society of Illawarra advising of the exhibition. As a result of the exhibition six (6) submissions were received from government agencies. No submissions were received from community members.

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The submissions are summarised in the following table:

Agency Comments Response

EPA  The proposal should meet key The proposal is consistent with the directions of Illawarra Shoalhaven directions of the Illawarra Shoalhaven Regional Plan. Regional Plan.

 Uses permitted should be clear. Agreed. The proposal makes the proposed uses clear.

 It is not clear whether 5 years limit The five year limit applies to the applies to the use, or to the date of proposed temporary uses. the amendment.  One site is declared significantly The site will continue to be managed in contaminated by the EPA. How will accordance with suitable management the risk to the environment and of contaminated industrial sites. human health be considered?

 The objectives of the IN3 zone are The proposed temporary uses will be to separate out uses that detract compatible and will enable temporary from the operation of heavy industry. use of existing structures and areas to There is potential for complaints in maximise employment uses within the inviting other uses into the area. precinct.

Transport for NSW No Objection. Noted.

NSW Ports  Appreciate merits of the request. Comments noted.  NSW Ports would appreciate involvement in long term planning for the area.  Industrial noise criteria will still apply, so uses should not impact on the existing or future port and port- related uses.

Sydney Water  No objection to the proposal. Comments noted.  Amplifications or extensions may be required, these will be dealt with under Section 73 application phases.

NSW Heritage Council  No objection to the proposal. Comments noted.  Removal of item should be informed The proposed removal of the heritage by a heritage assessment or review. item was informed by a review as part of the development of Wollongong Local Environmental Plan 2009 that found that the gardens were in poor condition and did not warrant heritage listing.

NSW Roads and Maritime No Objection. Comments noted. Services

As a consequence of the exhibition and submissions received, no amendment to the draft Planning Proposal is proposed.

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As the draft Planning Proposal seeks to amend a SEPP, it will be finalised by the NSW Department of Planning and Environment, rather than by Council under delegation.

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal “We have an innovative and sustainable economy” through the objective 2.1 “Local employment opportunities are increased within a strong economy” and the objective 2.2 “The region’s industry base is diversified”. It specifically delivers on core business activities as detailed in the Land Use Planning Service Plan 2016-17. The Illawarra Shoalhaven Regional Plan (2015) identifies the Port of Port Kembla as an international trade gateway that directly and indirectly supports over 3,500 jobs and contributes $418m to the regional economy each year. The Port use and BlueScope’s steel mill are important economic drivers for the Region and State. The draft Planning Proposal is consistent with the Illawarra Shoalhaven Regional Plan Direction 1.2, as still allows for the long-term protection of strategically important lands for port or port-related uses. It also supports Goal 1 – a prosperous Illawarra-Shoalhaven through the efficient utilisation of scarce industrial lands. The Planning proposal would enable the social and economic benefits from efficient use of vacant areas within the SEPP area, but with no environmental or negative economic impacts. The State Environmental Planning Policy (Three Ports) 2013, is the State policy that controls land use in and around the Port, including the leased area and the BlueScope holdings. The SEPP has a number of aims including “to ensure that land around the Lease Area is maintained for port-related and industrial uses, including heavy industry on land around Port Kembla”. Although the draft Planning Proposal seeks to permit non-industrial uses in the heavy industrial zone, it is considered to be consistent with the SEPP as these uses will be temporary, within existing under-utilised buildings and sites, enabling the efficient use of the land, whilst still protecting the land for future port or port-related uses. The amendments sought are minor, and of a temporary nature. They will not prejudice the main aim of the SEPP in protecting scarce land for port or port-related uses.

FINANCIAL IMPLICATIONS There are no immediate financial implications to Council from the recommendations of this report.

CONCLUSION A modified version of the draft Planning Proposal has been exhibited in accordance with the requirements of the NSW Department of Planning and Environment. The Planning Proposal can ensure that reasonable short term opportunities are able to be utilised by BlueScope to enable economic return on vacant sites, whilst protecting the long term potential of these site for port and port-related uses. It is recommended that Council proceed to request that the NSW Department of Planning and Environment proceed with changes to the State Environmental Planning Policy (Three Ports) 2013 to enable the amendments in the Planning Proposal.

Ordinary Meeting of Council 30 January 2017 10 Item 1 - Attachment 1 - Location Map

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File: FI-230.01.258 Doc: IC17/2 ITEM 2 TENDER T16/32 - BLUE MILE TRAMWAY SEAWALL AND SHARED PATH UPGRADE

This report recommends acceptance of a tender for the construction of a new Seawall and Shared Path Upgrade of the Tramway which connects North Beach and Belmore Basin, Wollongong, in accordance with the requirements of the Local Government Act 1993 and the Local Government (General) Regulation 2005. The proposed works will replace the existing stone seawall which has failed in a number of places leading to erosion and undermining of the shared pathway. Furthermore, the safety fencing is in poor condition and the shareway will be widened and upgraded in accordance with the Blue Mile Master Plan.

RECOMMENDATION 1 In accordance with clause 178(1)(a) of the Local Government (General) Regulation 2005, Council accept the tender of Ertech Pty Ltd for the Blue Mile Tramway Seawall and Shared Path Upgrade, in the sum of $7,943,015.37, excluding GST. 2 Council delegate to the General Manager the authority to finalise and execute the contract and any other documentation required to give effect to this resolution. 3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required, to give effect to this resolution.

REPORT AUTHORISATIONS Report of: Glenn Whittaker, Manager Project Delivery Authorised by: Greg Doyle, Director Infrastructure and Works - Connectivity Assets and Liveable City (Acting) ATTACHMENTS 1 Location Plan

COMPLIANCE WITH OFFICE OF LOCAL GOVERNMENT GUIDELINES ON COUNCIL DECISION MAKING DURING MERGER PROPOSAL PERIODS The recommendation in this report satisfies the requirements of the OLG Guidelines - Council Decision Making During Merger Proposal Periods.

BACKGROUND The Tramway shared path is the remaining section of the original path that starts immediately south of the North Beach Pavilion and ends at Belmore Basin. The Tramway Seawall is the lower section of rock and concrete wall that begins at the northern cutting and runs south past both the Gentlemen’s Ocean Pool and the Continental Pool. The existing stone-faced seawall has become increasingly unstable and unsafe due to the harsh marine environment and cavities have been observed within the Tramway embankment. The installation of a new seawall designed for ocean conditions will provide a more permanent, safer solution for the community. The condition of the original shared path has also deteriorated over time and is in need of repair. The Tramway Seawall upgrade provides an opportunity to modify the overall design and increase the width of the shared path to enhance the safety and amenity of the increasingly popular foreshore location. A recent inspection by Council’s geotechnical staff has also identified some areas of the western embankment which require treatment to address stability risks. These works (which include some minor rock bolting, scaling of loose rocks, weed removal and revegetation works) will be carried out in conjunction with this project.

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The proposed works will include a new seawall and shared path upgrade, with sections of the path widened, resurfaced and new paving laid. In addition, new seating, fencing, lighting and public art will be installed including stormwater upgrades and the remedial geotechnical treatments described above. Tenders were invited by the open tender method with a close of tenders of 10.00 am on 13 December 2016. Eight tenders were received by the close of tenders and all tenders have been scrutinised and assessed by a Tender Assessment Panel constituted in accordance with Council’s Procurement Policies and Procedures and comprising representatives of the Finance, Governance and Information, Property and Recreation, Human Resources and Project Delivery Divisions. Council also received an additional tender from Affective Services Pty Ltd after the close of tenders however, the tender panel confirmed this as a late submission with no further assessment or clarification occurring as a result. The Tender Assessment Panel assessed all tenders in accordance with the following assessment criteria and weightings as set out in the formal tender documents:

1 Cost to Council – 30% 2 Appreciation of scope of works and construction methodology – 15% 3 Experience and satisfactory performance in undertaking projects of similar size, scope and risk profile -15% 4 Staff qualifications and experience - 10% 5 Project Schedule - 10% 6 Proposed sub-contractors - 5% 7 Demonstrated strengthening of local economic capacity - 5% 8 Workplace health and safety management system - 5% 9 Environmental management policies and procedures - 5% The mandatory assessment criteria have been met by the recommended tenderer. The Tender Assessment Panel utilised a weighted scoring method for the assessment of tenders which allocates a numerical score out of 5 in relation to the level of compliance offered by the tenders to each of the assessment criteria as specified in the tender documentation. The method then takes into account pre-determined weightings for each of the assessment criteria which provides for a total score out of 5 to be calculated for each tender. The tender with the highest total score is considered to be the tender that best meets the requirements of the tender documentation in providing best value to Council. Table 1 below summarises the results of the tender assessment and the ranking of tenders.

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TABLE 1 – SUMMARY OF TENDER ASSESSMENT

Name of Tenderer Ranking

Ertech Pty Ltd 1 Dynamic Civil Pty Ltd 2 Zauner Construction Pty ltd 3 Select Civil Pty Ltd 4 GC Civil Pty Ltd 5 Land and Marine Ocean Engineering 6 Donnelley Civil Pty Ltd 6 Cadifern Pty Ltd 8

PROPOSAL Council should authorise the engagement of Ertech Pty Ltd to carry out the construction of the new Tramway Seawall and Shared Path Upgrade in accordance with the scope of works and technical specifications developed for the project. The recommended tenderer has satisfied the Tender Assessment Panel that it is capable of undertaking the works to Council’s standards and in accordance with the technical specification. An acceptable financial capability assessment has been received in relation to the recommended tenderer. Referees nominated by the recommended tenderer have been contacted by the Tender Assessment Panel and expressed satisfaction with the standard of work and methods of operation undertaken on their behalf.

CONSULTATION AND COMMUNICATION 1 Members of the Tender Assessment Panel 2 Nominated Referees

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal 5 “We are a healthy community in a liveable city”. It specifically delivers on the following:

Community Strategic Plan Delivery Program 2012-2017 Annual Plan 2016-17

Strategy 5 Year Action Annual Deliverables

5.3.3 Well maintained assets that meet 5.3.3.1 Manage and maintain community Deliver 85% of Council's capital investment the needs of current and future infrastructure portfolio with a focus into our asset renewal program. communities are provided. on asset renewal.

RISK ASSESSMENT The risk in accepting the recommendation of this report is considered low on the basis that the tender process has fully complied with Council’s Procurement Policies and Procedures and the Local Government Act 1993. The risk of the project works or services is considered medium based upon Council’s risk assessment matrix and appropriate risk management strategies will be implemented.

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FINANCIAL IMPLICATIONS It is proposed that the total project be funded from the following source/s as identified in the Annual Plan – 2016/17, 2017/18 and 2018/19 Capital Budgets The project is supported by a grant of $900,000 under the National Stronger Regions Fund Program.

CONCLUSION The recommended tenderer has submitted an acceptable tender for this project and Council should endorse the recommendations of this report.

Ordinary Meeting of Council 30 January 2017 15 Item 2 - Attachment 1 - Location Plan

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File: FI-230.01.254 Doc: IC17/4 TENDER T16/29 - STAGE 2 CONSTRUCTION OF A NEW LANDFILL CELL AT ITEM 3 WHYTES GULLY

This report recommends acceptance of a tender for Stage 2 – Construction of a new Landfill Cell at Whytes Gully in accordance with the requirements of the Local Government Act 1993 and the Local Government (General) Regulation 2005. The existing landfill cell at Whytes Gully Waste and Resource Recovery Park is due to reach capacity in mid-2018. This tender is to construct a new landfill cell and associated works to provide ongoing landfill capacity for the City.

RECOMMENDATION 1 In accordance with clause 178(1)(a) of the Local Government (General) Regulation 2005, Council accept the tender of Ertech Pty Ltd for Stage 2 – Construction of a new Landfill Cell at Whytes Gully, in the sum of $6,372,224.58, excluding GST. 2 Council delegate to the General Manager the authority to finalise and execute the contract and any other documentation required to give effect to this resolution. 3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required, to give effect to this resolution.

REPORT AUTHORISATIONS Report of: Glenn Whittaker, Manager Project Delivery Authorised by: Greg Doyle, Director Infrastructure and Works - Connectivity Assets and Liveable City (Acting) ATTACHMENTS 1 Location Plan

COMPLIANCE WITH OFFICE OF LOCAL GOVERNMENT GUIDELINES ON COUNCIL DECISION MAKING DURING MERGER PROPOSAL PERIODS The recommendation in this report satisfies the requirements of the OLG Guidelines - Council Decision Making During Merger Proposal Periods.

BACKGROUND Tenders were required to be invited for construction of a new Landfill Cell at Whytes Gully Waste and Resource Recovery Park. Capacity of the existing landfill cell at Whytes Gully is expected to be reached midway through 2018. Construction of the new cell is required in order for Council to fulfil its ongoing obligation to provide landfill capacity for the City. The works will involve the installation of environmental liners and leachate management infrastructure within the next planned landfill cell for this site. The new landfill cell will extend the operational life of the Whytes Gully Landfill by 4-5 years. Tenders were invited by the open tender method with a close of tenders of 10.00 am on 1 December 2016. Four tenders were received by the close of tenders, including an additional alternative non-conforming tender from one of the tenderers. All tenders have been scrutinised and assessed by a Tender Assessment Panel constituted in accordance with Council’s Procurement Policies and Procedures and comprising representatives of the Project Delivery, City Work and Services, Governance and Information, Finance and Human Resources Divisions.

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The Tender Assessment Panel assessed all tenders in accordance with the following assessment criteria and weightings as set out in the formal tender documents: 1 Cost to Council - 30% 2 Appreciation of scope of works and construction methodology - 20% 3 Experience and satisfactory performance in undertaking projects of similar size, scope and risk profile - 15% 4 Staff qualifications and experience - 5% 5 Proposed sub-contractors - 5% 6 Demonstrated strengthening of local economic capacity - 5% 7 Project Schedule - 10% 8 Workplace health and safety management system - 5% 9 Environmental management policies and procedures - 5% The mandatory assessment criteria have been met by the recommended tenderer. The Tender Assessment Panel utilised a weighted scoring method for the assessment of tenders which allocates a numerical score out of 5 in relation to the level of compliance offered by the tenders to each of the assessment criteria as specified in the tender documentation. The method then takes into account pre-determined weightings for each of the assessment criteria which provides for a total score out of 5 to be calculated for each tender. The tender with the highest total score is considered to be the tender that best meets the requirements of the tender documentation in providing best value to Council. Table 1 below summarises the results of the tender assessment and the ranking of tenders.

TABLE 1 – SUMMARY OF TENDER ASSESSMENT

Name of Tenderer Ranking Ertech Pty Ltd 1 Select Civil Pty Ltd 2 DDTLA trading as Teneo (Non-conforming)* 3 Morris Civil Pty Ltd 4 DDTLA trading as Teneo (Conforming) 5

* The Tender Assessment Panel did not consider this submission acceptable without further investigation. Presently at Whytes Gully there are a range of other projects under construction including:  A new haul road,  A leachate drainage system in the western gully, and  A community recycling centre.

PROPOSAL Council should authorise the engagement of Ertech Pty Ltd to carry out the Stage 2 – Construction of a new Landfill Cell at Whytes Gully in accordance with the scope of works and technical specifications developed for the project. The recommended tenderer has satisfied the Tender Assessment Panel that it is capable of undertaking the works to Council’s standards and in accordance with the technical specification.

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An acceptable financial capability assessment has been received in relation to the recommended tenderer. Referees nominated by the recommended tenderer have been contacted by the Tender Assessment Panel and expressed satisfaction with the standard of work and methods of operation undertaken on their behalf.

CONSULTATION AND COMMUNICATION 1 Members of the Tender Assessment Panel 2 Nominated Referees 3 External Consultants – Golder Associates, NSW Public Works Advisory

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal “1 – We value and protect our environment”. It specifically delivers on core business activities as detailed in the Waste Management Service Plan 2016-17.

RISK ASSESSMENT The risk in accepting the recommendation of this report is considered low on the basis that the tender process has fully complied with Council’s Procurement Policies and Procedures and the Local Government Act 1993. The risk of the project works or services is considered high based upon Council’s risk assessment matrix and appropriate risk management strategies will be implemented.

FINANCIAL IMPLICATIONS It is proposed that the total project be funded from the following source/s as identified in the Annual Plan – Capital Budget 2016/17 and 2017/18

CONCLUSION The recommended tenderer has submitted an acceptable tender for this project and Council should endorse the recommendations of this report.

Ordinary Meeting of Council 30 January 2017 19 Item 3 - Attachment 1 - Location Plan

Ordinary Meeting of Council 30 January 2017 20

File: PR-180.70.002 Doc: IC17/8 ITEM 4 REPLACEMENT AND ASSET LIFE EXTENSION OF PARKING METERS

This report outlines the requirement for replacement of Council’s parking meters along with the cost of upgrade and a schedule of work associated with the proposal.

RECOMMENDATION 1 An exemption to the procurement policy be provided because of the extenuating circumstances regarding the timeframe of the meter upgrade in accordance with Section 55(3)(i) of the Local Government Act 1993. 2 Funding, in an amount equivalent to the quotation figure of $501,451.44, be allocated from the 2016/17 Capital Budget to undertake the parking meter upgrade. 3 A purchase order be placed with Duncan Solutions to allow them to order necessary parts for the upgrade of the parking meters.

REPORT AUTHORISATIONS Report of: Peter Coyte, Manager Property and Recreation Authorised by: Kerry Hunt, Director Corporate and Community Services - Creative, Engaged and Innovative City (Acting) ATTACHMENTS 1 Duncans Quotation #:CB20161129Q1

COMPLIANCE WITH OFFICE OF LOCAL GOVERNMENT GUIDELINES ON COUNCIL DECISION MAKING DURING MERGER PROPOSAL PERIODS The recommendation in this report satisfies the requirements of the OLG Guidelines - Council Decision Making During Merger Proposal Periods.

BACKGROUND Duncan Solutions (Duncan) has advised Council that some key components of its parking meters require upgrade to provide an asset life extension to the meters. The midlife upgrade will effectively extend the life of the meters for a further ten (10) years. Additionally, the 2G Network will soon be made redundant and any meters not compatible will need to be upgraded to 3G. Council’s carrier servicing its parking meters is currently Optus and the advice is that this service will be shut down on 1 April 2017. There are a number of impacts to Council if the parking meters are not upgraded to the 3G Network, as follows:

 Meters will no longer be able to transmit data wirelessly; and  Credit card transactions and connection to the Parking Enterprise Management System (PEMS) will be disabled. This means that it will not be possible to reconcile the cash or the credit card transactions against Council’s collections, using the PEMS data. Notwithstanding that data will be lost whilst shut down, the parking meters will operate to collect cash and issue tickets for a short time whilst not connected, however, they will ultimately cease to operate altogether in time. Duncan have provided a quotation, attached, which states that the total cost of upgrade will be in the order of $501,451.44 inclusive of GST. This quotation comprises provision of an upgrade kit to 132 of the meters, 97 of which includes:

Ordinary Meeting of Council 30 January 2017 21

 A base kit, ie coin validator, 3G Communications, and contact card reader;  Solar;  Printer;  Contactless Card reader; and  Freight and installation; and 35 of which includes:

 A base kit, ie coin validator, 3G Communications, and contact card reader;  Solar;  Contactless Card reader; and  Freight and installation. An audit of Council’s meters revealed that 35 of the existing meters already had upgraded printers installed and did not require new printers. Council already has 12 meters which have 3G communications which only require:

 Contactless card reader; and  Freight and installation. The upgrade is expected to take five to six weeks to deliver at five meters per day. The meters would be replaced in segments so that only one meter would be off line at any one time. The supplier has also indicated that an audit, which will take one day, will be undertaken of the meters to determine which of those had upgraded printers to date as this will impact the overall price of the upgrade. This audit when completed revealed that 35 meters had upgraded printers and hence a reduction of $15,000 was provided to the quotation. The upgrade will reintroduce the use of credit cards on all Council’s parking meters and include contactless and contact use, it will utilise solar power to reduce electricity consumption and it will continue the use of the pay by phone app. This upgrade will allow Council’s current pay by phone contractor to continue operating however it will also provide Council with other options including the use of other pay by phone technology should Council choose to go down that path. Duncan have stated that they only carry a small inventory of upgrade components and, therefore, will need to order components which would not be available until March 2017, meaning that with a five to six week labour component, there may be a delay in upgrade resulting in some meters being off line for a period of time.

PROPOSAL It is proposed that funds be allocated in an amount of $501,451.44 to undertake the upgrade works and that Council immediately forward a purchase order to Duncan Solutions to undertake the works as outlined in their quotation. Given the short time frame for the upgrade to occur and the extended lead time to procure the parts along with a limited pool of competitive suppliers and the fact that the quoted amount exceeds the tender threshold of $150,000 that an exemption be granted from the Procurement Policy pursuant to Section 55(3)(i) of the Local Government Act 1993 to allow direct procurement from Duncan Solutions to supply and install the upgrade kits to the meters as per their quotation. The effective life of the meters at installation (March 2010) was 10 years. The proposed upgrade essentially replaces all the internals which would extend their useful life by a further 10 years. It is proposed that given this extension of the useful life of the asset the funds for the upgrade should be funded from depreciation. Effectively this is a midlife upgrade of the meters to provide an asset life extension through the replacement of key components along with a changeover from 2G to 3G communications.

Ordinary Meeting of Council 30 January 2017 22

CONSULTATION AND COMMUNICATION Duncan Solutions – Advised that Optus is the Council carrier for its parking meters and that the proposed shutdown of the 2G Network will be 1 April 2017. In respect to why the upgrade for the meters was only from 2G to 3G and not 4G Duncan advised that 3G would be around for a considerable time to come and that 4G is not yet national and only benefits mobile telephony combined with large data files such as high definition video. The parking data files are relatively small by comparison. In light of this Duncan is not offering 4G at this time. Legal Services – Advised that exemption is required under Section 55(3)(i) of the Local Government Act 1993 to enter into an agreement without the inviting of tenders. This is due to extenuating circumstances, unavailability of competitive and reliable tenderers. The exemption is required as the value of the works exceeds the threshold of $150,000. Finance – Advised that the Restricted Asset (RA) balance has resulted from the transfer of nett result of the parking which means that replacement of this equipment should come from capital as part of our asset management plans and not from the RA. The purpose of the RA is outlined as "To fund future Parking, transport and pedestrian access, bicycle and public transport projects in the city centre". Infrastructure Strategy & Planning – Advised that the parking meters are listed in Hansen as one asset, containing 132 meters, constructed 1/04/2010, with a replacement cost of $1.5m. The expected life of this asset is 10 years. The value has been written down to $488k with a remaining life of 3.2 years. Duncan advised the life of the parking meter asset will be significantly extended with this upgrade; hence the process is appropriate to be sourced from the capital budget (rather than maintenance or operations). Funding is available in the current year’s capital budget.

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal “We have an Innovative and Sustainable Economy”. It specifically delivers on core business activities as detailed in the Property Services Service Plan 2016-17.

RISK ASSESSMENT The proposed midlife upgrade will extend the life of the parking meters by a further 10 years, if this is not done the potential failure of key components within the meters would result in loss of revenue and reputational damage to Council. Any delays to upgrading the parking meters from 2G to 3G means that Council runs the risk of being unable to reconcile its meter transactions. This may lead to probity and auditing issues in the future. Any extended delay may also lead to complete failure of the individual meters resulting in a loss of revenue overall.

FINANCIAL IMPLICATIONS The upgrade of the parking meters will mean Council is required to spend an amount of $501,451.44. The parking meters are listed in Hansen as one asset, containing 132 meters, constructed 1/04/2010, with a replacement cost of $1.5m. The expected life of this asset is 10 years. The value has been written down to $488k with a remaining life of 3.2 years. Duncan has advised the life of the parking meter asset will be significantly extended with this upgrade, a further 10 years, hence the process is appropriate to be sourced from the capital budget (rather than maintenance or operations). Funding can be made available in the current year’s capital budget.

Ordinary Meeting of Council 30 January 2017 23

CONCLUSION The upgrade will allow for the reintroduction of credit cards, both contact and contactless, the continued use of a phone app, updated printers and solar power which will reduce long-term electricity costs. It will allow Council to consider other options in terms of the use of the pay by phone app including the possible use of Duncan’s as the future provider of this facility. The upgrade will ultimately provide an enhanced customer service in terms of the number of options available to them when paying for car parking in the City.

Ordinary Meeting of Council 30 January 2017 24 Item 4 - Attachment 1 - Duncans Quotation #:CB20161129Q1

Ordinary Meeting of Council 30 January 2017 25 Item 4 - Attachment 1 - Duncans Quotation #:CB20161129Q1

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File: GI-80.06.02.01.010 Doc: IC17/6 ITEM 5 GENDER PAY EQUITY REPORTING

Council on 31 October 2016 considered a Notice of Motion from Councillor Merrin and resolved as follows – ‘1 Council report annually on pay equity in the Wollongong City Council workforce. 2 A report be submitted to Council in three months setting the parameters, indices and benchmarks required to meet Part 1 above.’ This report now provides information as requested in Part 2 of Council’s resolution.

RECOMMENDATION 1 The parameters, indices and benchmarks used in the Gender Equality Scorecard by the Workplace Gender Equality Agency (WGEA) relevant to Council’s workplace, be adopted. 2 The indices to be reported on to include: workforce by employment status, workforce by gender, gender pay gap, women in management and youth employment program by gender.

REPORT AUTHORISATIONS Report of: Tom Tyrpenou, Manager Human Resources Authorised by: Kerry Hunt, Director Corporate and Community Services - Creative, Engaged and Innovative City (Acting) ATTACHMENTS 1 Australia's Gender Equality Scorecard 2015-16

COMPLIANCE WITH OFFICE OF LOCAL GOVERNMENT GUIDELINES ON COUNCIL DECISION MAKING DURING MERGER PROPOSAL PERIODS The recommendation in this report satisfies the requirements of the OLG Guidelines - Council Decision Making During Merger Proposal Periods.

BACKGROUND Investigation and analysis has been undertaken by Council officers to determine how Council could best report annually on pay equity in the Wollongong City Council workforce. Currently Council does not report on gender pay equity and there is no current information within Council’s system that would produce this information. This is due in part to Council having in place, like most government agencies, supportive systems and practices that have a focus on diversity and equality in pay, job evaluation, recruitment, training, and performance monitoring. The Workplace Gender Equality Agency (WGEA) provides guidelines on gender pay equity and collects data to produce an annual scorecard that benchmarks across all industries with the exception of government agencies. Unfortunately, Council cannot participate in the WGEA’s data collection as it is not available to government agencies and the current (2016) NSW Local Government HR Metrics Benchmarking Report only considers and reports on one of the WGEA indices, being Workforce by Gender. Council could collect data and report on its performance against the WGEA performance indices for non- government agencies, using parts of the WGEA toolkit and reports that are publicly available on the WGEA’s website. To produce this report and provide meaningful data, Council would need to:

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1 Code each position within the Aurion Payroll system using the Australian and New Zealand Standard Classification Code (ANZCO); and

2 Adopt a job family model, such as the model used by the Australian Public Service Commission, to code each position with the appropriate job family code in Council’s Human Resource Information System (HRIS) Aurion. This will allow the meaningful classification of positions into appropriate position and job family categories for reporting purposes. By using the ANZCO coding and a suitable job family model, Council could produce a similar report to the Gender Equality Scorecard which was released in November 2016 (Attachment 1). The parameters, indices and benchmarks used would duplicate those relevant to our workplace as used in the Gender Equality Scorecard. This would include reporting on workforce by employment status, workforce by gender, gender pay gap, women in management and youth employment program by gender. It is recommended that Council report on the following indices as used by WGEA to provide benchmarking comparisons:

Indices Formula 1 Workforce by employment status Number of Men and Women employed as full time, part time and casual 2 Workforce by Gender Number of Men and Women employed by Division 3 Gender Pay Gap The difference between the average male full-time earnings and the average female full-time earnings expressed as a percentage of male earnings 4 Women in Management Proportion of women by management category 5 Youth Employment Program by Number of Graduates, Cadets, Trainees and Apprentices by gender Gender employed in these categories

It is envisaged that this project would take three to four months to complete based on the 1,500 positions within the Aurion Payroll system, and anticipated the project would be completed by the end of the 2017 financial year if an appropriate resource was funded, recruited and commenced by March 2017.

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal “We have an innovative and sustainable economy”. It specifically delivers on the following:

Community Strategic Plan Delivery Program 2012-2017 Annual Plan 2016-17 Strategy 5 Year Action Annual Deliverables 2.1.3 Initiatives to retain local talent are 2.1.3.2 Establish Wollongong City Promote Wollongong City Council as developed and implemented Council as an employer of an employer of choice for women in choice Local Government

FINANCIAL IMPLICATIONS The coding requires an analysis of each individual position and therefore is resource intensive and would require an additional resource to complete the project within the timeframe. The initial estimate of preparing the Aurion system to deliver the requested reporting would be in the vicinity of $30,000 outside of the current budget. This would include analysing and matching positions, consultation, data input and testing of reports.

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CONCLUSION 1 The parameters, indices and benchmarks used in the Gender Equality Scorecard by the Workplace Gender Equality Agency (WGEA) relevant to our workplace, be adopted. 2 The indices to be reported on to include: workforce by employment status, workforce by gender, gender pay gap, women in management and youth employment program by gender.

Ordinary Meeting of Council 30 January 2017 29 Item 5 - Attachment 1 - Australia's Gender Equality Scorecard 2015-16

Ordinary Meeting of Council 30 January 2017 30 Item 5 - Attachment 1 - Australia's Gender Equality Scorecard 2015-16

Ordinary Meeting of Council 30 January 2017 31 Item 5 - Attachment 1 - Australia's Gender Equality Scorecard 2015-16

Ordinary Meeting of Council 30 January 2017 32 Item 5 - Attachment 1 - Australia's Gender Equality Scorecard 2015-16

Ordinary Meeting of Council 30 January 2017 33 Item 5 - Attachment 1 - Australia's Gender Equality Scorecard 2015-16

Ordinary Meeting of Council 30 January 2017 34 Item 5 - Attachment 1 - Australia's Gender Equality Scorecard 2015-16

Ordinary Meeting of Council 30 January 2017 35 Item 5 - Attachment 1 - Australia's Gender Equality Scorecard 2015-16

Ordinary Meeting of Council 30 January 2017 36 Item 5 - Attachment 1 - Australia's Gender Equality Scorecard 2015-16

Ordinary Meeting of Council 30 January 2017 37 Item 5 - Attachment 1 - Australia's Gender Equality Scorecard 2015-16

Ordinary Meeting of Council 30 January 2017 38 Item 5 - Attachment 1 - Australia's Gender Equality Scorecard 2015-16

Ordinary Meeting of Council 30 January 2017 39 Item 5 - Attachment 1 - Australia's Gender Equality Scorecard 2015-16

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File: FI-914.05.001 Doc: IC17/20 ITEM 6 DECEMBER 2016 FINANCIALS

The December 2016 financial results are within projections compared to phased budget across the key indicators. The Operating Result (pre capital) is favourable by $9.8M and the Funds Result shows a favourable variance compared to the phased budget of $4.9M. The Cash Flow Statement at the end of the period indicates that there is sufficient cash to support external restrictions. Council has expended $36.0M on its capital works program representing 37.8% of the annual budget. The year to date budget for the same period was $38.4M and represents 40.3% of the annual budget.

RECOMMENDATIONS 1 The financials be received and noted. 2 Proposed changes in the Capital Works Program be approved.

REPORT AUTHORISATIONS Report of: Tana Ramsden, Manager Finance (Acting) Authorised by: Kerry Hunt, Director Corporate and Community Services - Creative, Engaged and Innovative City (Acting) ATTACHMENTS 1 Income and Expense Statement - December 2016 2 Capital Project Report - December 2016 3 Balance Sheet - December 2016 4 Cash Flow Statement - December 2016

COMPLIANCE WITH OFFICE OF LOCAL GOVERNMENT GUIDELINES ON COUNCIL DECISION MAKING DURING MERGER PROPOSAL PERIODS The recommendation in this report satisfies the requirements of the OLG Guidelines - Council Decision Making During Merger Proposal Periods.

BACKGROUND This report presents the Income and Expense Statement, Balance Sheet and Cash Flow Statement for December 2016. Council’s current budget has a Net Funding (cash) deficit of $2.5M, an Operating Deficit [Pre Capital] of $1.8M and a capital expenditure of $95.2M. The current annual Net Funding budget includes a transfer to reserve of $2.6M that relates to the 2015-16 year end positive funds result. The report includes a proposed reduction in the capital program of $4.0M that is due to rephasing of the Helensburgh waste facility rehabilitation project that is awaiting final confirmation of the design and approval by EPA. This does not affect the funds result as the proposed reduction is fully funded from restricted cash. At the end of December, Council remains on target to the operational components of this result. The following table provides a summary view of the organisation’s overall financial results for the year to date.

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Original Revised YTD YTD FORECAST POSITION Budget Budget Forecast Actual Variation

KEY MOVEMENTS 1-Jul 30-Dec 30-Dec 30-Dec

Operating Revenue $M 262.0 262.9 130.8 134.1 3.3 Operating Costs $M (262.1) (264.7) (128.2) (121.7) 6.5 Operating Result [Pre Capital] $M (0.0) (1.8) 2.6 12.4 9.8 Capital Grants & Contributions $M 32.9 18.8 7.3 6.2 (1.1) Operating Result $M 32.9 17.0 9.9 18.6 8.7

Funds Available from Operations $M 61.8 61.9 32.9 38.1 5.2

Capital Works 101.6 95.2 38.4 36.0 2.4 Contributed Assets - - - - - Transfer to Restricted Cash - 8.1 8.1 8.1 - Borrowings Repaid $M 7.3 7.3 4.8 4.9 (0.1)

Funded from: - Operational Funds $M 61.8 61.9 32.9 38.1 5.2 - Other Funding $M 47.1 46.2 19.4 16.9 (2.5) Total Funds Surplus/(Deficit) $M (0.1) (2.5) 1.0 5.9 4.9

Financial Performance The December 2016 Operating Result [Pre Capital] shows a positive variance compared to budget of $9.8M. The Operating Result includes non-cash or restricted variations such as lower depreciation ($1.5M), externally funded operational projects expenditure ($1.4M), operating grants received ($1.1M) and operational income including the domestic waste revenue transferred to restricted cash ($0.6M). This has resulted in Funds Available from Operations of $5.2M.

Funds Result The Total Funds result includes the funds component of the operating result in addition to increased Council funded capital expenditure and timing of loan payments.

Capital Budget As at 30 December 2016, Council had expended $36.0M or 37.8% of the approved annual capital budget of $95.2M. This report includes a proposed reduction in the capital budget of $4.0M that will result in a revised forecast capital expenditure of $91.2M. The proposed reduction is the result of the re- phasing of the Helensburgh waste facility rehabilitation project.

Liquidity Council’s cash and investments increased during December 2016 to holdings of $168.2M compared to $163.8M at the end of November 2016. This reflects normal trends for this time of the year.

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CASH, INVESTMENTS & AVAILABLE FUNDS

Original September Actual YTD Actual Budget QR 30 December 2015/16 2016/17 2016/17 2016 $M $M $M $M Total Cash and Investments 154.0 133.7 126.9 168.2 Less Restrictions: External 75.3 88.8 72.7 80.1 Internal 55.3 37.6 43.7 60.6 Total Restrictions 130.6 126.4 116.4 140.7 Available Cash 23.5 7.3 10.6 27.5

Adjusted for : Current payables (34.9) (23.6) (23.8) (35.9) Receivables 22.9 23.0 25.3 22.8 Other 2.9 4.6 3.3 6.0 Net Payables & Receivables (9.1) 4.0 1.4 (7.2) Available Funds 14.4 11.3 12.0 20.3

The available funds position excludes restricted cash. External restrictions are funds that must be spent for a specific purpose and cannot be used by Council for general operations. Internal restrictions are funds that Council has determined will be used for a specific future purpose. The Available Funds forecast that was revised during the September Quarterly Review is within Council’s Financial Strategy target of 3.5% to 5.5% of Operational Revenue [Pre Capital] and is between $9.2M and $14.4M for the year ending 30 June 2017. The actual Available Funds at 30 December 2016 are impacted by the progress of planned expenditure to date. The Unrestricted Current Ratio measures the cash/liquidity position of an organisation. This ratio is intended to disclose the ability of an organisation to satisfy payment obligations in the short term from the unrestricted activities of Council. Council’s current ratio is in line with the Local Government Benchmark of >2:1, however, the strategy is to maximise the use of available funds for asset renewal by targeting a lean unrestricted current ratio.

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Receivables Receivables are the amount of money owed to Council or funds that Council has paid in advance. At December 2016, receivables totalled $22.8M, compared to receivables of $21.2M at December 2015. Fluctuations relate to the timing of rates payments which are accrued before the actual payments are due. Payables Payables (the amount of money owed to suppliers) of $35.9M were owed at December 2016 compared to payables of $40.9M in December 2015. The difference in payables relate to goods and services and capital projects delivered but not yet paid for and timing of the Financial Assistance Grant payments. Debt Council continues to have financial strength in its low level of borrowing. The industry measure of debt commitment is the Debt Service Ratio that measures the proportion of revenues that is required to meet annual loan repayments. Council’s Financial Strategy includes provision for additional borrowing in the future and Council will consider borrowing opportunities from time to time to bring forward the completion of capital projects where immediate funding is not available. Council currently has borrowings through an interest free loan and the subsidised Local Government Infrastructure Renewal Scheme (LIRS). In 2009-10, Council borrowed $26M interest free to assist in the delivery of the West Dapto Access Plan. Council has also been successful in securing subsidies for loans under the three rounds of the LIRS program and has entered into loans of $20M in 2012-13 for Round 1, $4.3M in 2013-14 for Round 2 and $15M for Round 3. The LIRS program provides a loan subsidy of 4% for Round 1 and 3% for the subsequent rounds. Loan funds have been used to accelerate the Citywide Footpaths, Shared Path Renewal, Missing Links Construction Program, building refurbishment works for Berkeley Community Centre, Corrimal Library and Community Centre, Thirroul Pavilion and Kiosk and to support the West Dapto Access – Fowlers Road project respectively. Council was advised of eligibility for further subsidy under Round 3 and an additional amount of $5.5M was drawn down earlier this year that will also be used to support the West Dapto Access – Fowlers Road project. Council’s Debt Service Ratio forecast for 2016-17 is approximately 3.5%, which is still below Council’s target of 4% and remains low in comparison to the Local Government’s benchmark ratio of <10%. It is noted that non-cash interest expense relating to the amortisation of the income recognised on the West Dapto Access Plan Loan is not included when calculating the Debt Service Ratio. Assets The Balance Sheet shows that $2.5B of assets are controlled and managed by Council for the community as at 30 December 2016. The 2016-17 capital works program includes projects such as the West Dapto Access strategy, civil asset renewals including roads, car parks and buildings and purchase of library books. At the end of December, capital expenditure amounted to $36.0M

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal ‘We are a connected and engaged community’. It specifically delivers on the following:

Community Strategic Plan Delivery Program Annual Plan 2016-17 2012-17 Strategy 5 Year Action Annual Deliverables

4.4.5 Finances are managed 4.4.5.1 Effective and transparent Provide accurate and timely financial reports monthly, quarterly effectively to ensure long financial management and via the annual financial statement term financial sustainability systems are in place Continuous Budget Management is in place, controlled and reported

Manage and further develop compliance program Monitor and review achievement of Financial Strategy

Ordinary Meeting of Council 30 January 2017 44

CONCLUSION The results for December 2016 are positive and within expectations over a range of financial indicators. Based on this information it is expected that Council will achieve the forecast annual results with further potential for improvement against budget.

Ordinary Meeting of Council Item 6 - Attachment 1 - Income and Expense Statement - December 30 January 2017 45 2016

Ordinary Meeting of Council 30 January 2017 46 Item 6 - Attachment 2 - Capital Project Report - December 2016

Ordinary Meeting of Council 30 January 2017 47 Item 6 - Attachment 2 - Capital Project Report - December 2016

Ordinary Meeting of Council 30 January 2017 48 Item 6 - Attachment 2 - Capital Project Report - December 2016

Ordinary Meeting of Council 30 January 2017 49 Item 6 - Attachment 3 - Balance Sheet - December 2016

Ordinary Meeting of Council 30 January 2017 50 Item 6 - Attachment 4 - Cash Flow Statement - December 2016

Ordinary Meeting of Council 30 January 2017 51

File: FI-914.05.001 Doc: IC17/7 ITEM 7 STATEMENT OF INVESTMENTS - NOVEMBER AND DECEMBER 2016

This report provides an overview of Council’s investment portfolio performance for the months of November 2016 and December 2016. Council’s average weighted return for November 2016 was 2.43% which was above the benchmark return of 1.75%. The average weighted return for December 2016 was 3.05% which is above the benchmark return of 1.76%. The results were primarily due to solid returns received on the term deposits and the positive marked to market valuation of the NSW TCorp Growth Facility and CBA Zero Coupon Bond in Council’s portfolio for November 2016 and December 2016. The remainder of Council's portfolio continues to provide a high level of consistency in income and a high degree credit quality and liquidity.

RECOMMENDATION Council receive the Statement of Investments for November and December 2016.

REPORT AUTHORISATIONS Report of: Tana Ramsden, Manager Finance (Acting) Authorised by: Kerry Hunt, Director Corporate and Community Services - Creative, Engaged and Innovative City (Acting) ATTACHMENTS 1 Statement of Investments - November and December 2016 2 Investment Income Compared to Budget 2016-2017

COMPLIANCE WITH OFFICE OF LOCAL GOVERNMENT GUIDELINES ON COUNCIL DECISION MAKING DURING MERGER PROPOSAL PERIODS The recommendation in this report satisfies the requirements of the OLG Guidelines - Council Decision Making During Merger Proposal Periods.

BACKGROUND Council is required to invest its surplus funds in accordance with the Ministerial Investment Order and Division of Local Government guidelines. The Order reflects a conservative approach and restricts the investment types available to Council. In compliance with the Order and Division of Local Government guidelines, Council adopted an Investment Policy on 19 October 2015. The Investment Policy provides a framework for the credit quality, institutional diversification and maturity constraints that Council’s portfolio can be exposed to. Council’s investment portfolio was controlled by Council’s Finance Division during the period to ensure compliance with the Investment Policy. Council’s Governance Committee’s role of overseer provides for the review of the Council’s Investment Policy and Management Investment Strategy. Council’s Responsible Accounting Officer is required to sign the complying Statements of Investments contained within the report, certifying that all investments were made in accordance with the Local Government Act 1993 and the Local Government Regulation 2005. Council’s investment holdings as at 25 November 2016 were $163,653,960 (Statement of Investments attached) [27 November 2015 $165,225,608] and as at 30 December 2016 were $168,354,973 (Statement of Investments attached) [25 December 2015 $168,341,478]. Council’s average weighted return for November 2016 was 2.43% which was above the benchmark return of 1.75%. The average weighted return for December 2016 was 3.05% which is above the benchmark return of 1.76%. The results were primarily due to solid returns received on the term deposits and the positive marked to market valuation of the NSW TCorp Growth Facility and CBA Zero

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Coupon Bond in Council’s portfolio for November 2016 and December 2016. The remainder of Council's portfolio continues to provide a high level of consistency in income and a high degree credit quality and liquidity. At 30 December 2016, year to date interest and investment revenue of $2,371,104 was recognised compared to the year to date budget of $1,789,918 (as revised in the September Quarterly Review). It is anticipated further adjustment will be made to the investment return budget in December. Council’s CBA Zero Coupon Bond experienced an increase in valuation for November 2016 of $9,941 and an additional upward valuation adjustment of $18,026 in December 2016. The valuation methodology used by Laminar (Council’s investment consultants) discounts the bond using a margin for a straight four year CBA obligation but also considers the illiquidity premium, this being a restructured deal and there being limited bids on the security. As this bond gradually nears maturity, movements in interest rates and liquidity will have less of an impact on the securities valuation. While there will be short term fluctuations along the way, the investments valuation will gradually increase to its $4M maturity value. During November 2016, Council purchased a three and a quarter year $2M Bendigo Bank floating rate note. Council’s fourteen floating rate notes had a net decrease in value of $53,350 for November 2016 and net decrease of $6,685 for December 2016. Council holds two Mortgaged Backed Securities (MBS) that recorded a net decrease in value of $11,087 for November 2016 and a decrease in valuation of $677 in December 2016. These investments continue to pay higher than normal variable rates. While the maturity dates are outside Council’s control, the investment advisors had previously indicated that capital is not at risk at that stage and recommended a hold strategy due to the illiquid nature of the investment. The NSW T-Corp Long-Term Growth Facility recorded an increase in value of $39,209 in November 2016 and a further increase of $60,242 in December 2016. The fluctuation is a reflection of the current share market volatility both domestically and internationally. During the December 2016 RBA meeting, the official cash rate remained unchanged at 1.50%. The RBA has advised that it would continue to assess the outlook and adjust policy as needed to foster sustainable growth in demand and inflation outcomes consistent with the inflation target over time. The current inflation rate is quite low and below target. This report complies with Council’s Investment Policy which was endorsed by Council on 19 October 2015. Council’s Responsible Accounting Officer has signed the complying Statements of Investments contained within the report, certifying that all investments were made in accordance with the Local Government Act 1993 and the Local Government Regulation 2005.

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal ‘We are a connected and engaged community’. It specifically delivers on the following:

Community Strategic Plan Delivery Program 2012-17 Annual Plan 2016-17 Strategy 5 Year Action Annual Deliverables 4.4.5 Finances are managed 4.4.5.1 Effective and transparent financial Provide accurate and timely financial reports monthly, effectively to ensure long term management systems are in place quarterly and via the annual financial statement financial sustainability Continuous Budget Management is in place, controlled and reported Manage and further develop compliance program Monitor and review achievement of Financial Strategy

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CONCLUSION The investments for November and December 2016 have performed favourably compared to the year to date budget and the portfolio recorded an average weighted return above the annualised Bloomberg Bank Bill Index Benchmark.

Ordinary Meeting of Council Item 7 - Attachment 1 - Statement of Investments - November and 30 January 2017 54 December 2016

Ordinary Meeting of Council Item 7 - Attachment 1 - Statement of Investments - November and 30 January 2017 55 December 2016

Ordinary Meeting of Council Item 7 - Attachment 1 - Statement of Investments - November and 30 January 2017 56 December 2016

Ordinary Meeting of Council Item 7 - Attachment 1 - Statement of Investments - November and 30 January 2017 57 December 2016

Ordinary Meeting of Council 30 January 2017 58 Item 7 - Attachment 2 - Investment Income Compared to Budget 2016-2017

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File: CP-914.05.001 Doc: IC16/100499 QUARTERLY REPORT ON DEVELOPMENT APPLICATIONS INVOLVING VARIATIONS ITEM 8 TO DEVELOPMENT STANDARDS - 1 JULY TO 30 SEPTEMBER 2016 This report outlines that one (1) Development Application has been determined during the quarterly period 1 July to 30 September 2016, where variations to development standards was granted.

RECOMMENDATION Council note the report.

REPORT AUTHORISATIONS Report of: John Wood, Manager Development Assessment and Certification (Acting) Authorised by: Andrew Carfield, Director Planning and Environment - Future City and Neighbourhoods ATTACHMENTS 1 Development Application approved with variations to development standards for quarter period July to September 2016

COMPLIANCE WITH OFFICE OF LOCAL GOVERNMENT GUIDELINES ON COUNCIL DECISION MAKING DURING MERGER PROPOSAL PERIODS The recommendation in this report satisfies the requirements of the OLG Guidelines - Council Decision Making During Merger Proposal Periods.

BACKGROUND Development Applications involving variations to development standards may be made under clause 4.6 of Wollongong Local Environmental Plan 2009 (WLEP 2009). Relevant criteria is prescribed under clause 4.6 of WLEP 2009 for the assessment of variations to development standards. Any variations approved require reporting on a quarterly basis to Department of Planning and Environment (DP&E), in accordance with procedural guidelines. Council and DP&E may in turn consider the extent and nature of variations granted when reviewing relevant planning controls or instruments. Wollongong City Council provides further transparency and oversight of applications seeking development standard departures via:  Independent Hearing and Assessment Panel (IHAP) peer review;  Declaration of any variation during public exhibition; and  Maintaining an ongoing pubic record of all variations approved.

QUARTERLY RESULT During the last quarter (1 July 2016 to 30 September 2016) one (1) Development Application was approved which included variations to development standards. Attachment 1 provides for the information relating to the matter and forms the basis of the quarterly return for Department of Planning and Environment, which is now submitted.

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 under the objective 1.6: The sustainability of our urban environment is improved under the Community Goal We value and protect our environment Community Goal. It specifically addresses the Annual Plan 2016-17 Key Deliverables: Development is functional, attractive and sympathetic with the environment and avoids unnecessary use of energy, water or other resources which forms part of the Five Year Action: Provide high quality development assessment and certification based on QBL principles contained with the Revised Delivery Program 2012-2017.

Ordinary Meeting of Council Item 8 - Attachment 1 - Development Application approved with 30 January 2017 60 variations to development standards for quarter period July to September 2016

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File: IW-911.01.160 Doc: IC17/11 CITY OF WOLLONGONG TRAFFIC COMMITTEE - MINUTES OF ELECTRONIC ITEM 9 MEETINGS HELD 11 AND 13 JANUARY 2017 An electronic meeting of the City of Wollongong Traffic Committee was held on 11 January 2017. Subsequent to this meeting, a further electronic meeting of the City of Wollongong Traffic Committee was held on 13 January 2017. Item 1 of the electronic meeting held on 11 January has been adopted by Council through delegated authority. Item 2 of 11 January and Item 3 of 13 January must be determined by Council and are recommended for approval for the temporary regulation of traffic on public roads for works or events by independent parties.

RECOMMENDATION In accordance with the powers delegated to Council, the Minutes and recommendations of the electronic meetings of the City of Wollongong Traffic Committee held on 11 January and 13 January 2017 in relation to the Regulation of Traffic be adopted.

REPORT AUTHORISATIONS Report of: Tim Cornford, Manager Infrastructure Strategy and Planning (Acting) Authorised by: Greg Doyle, Director Infrastructure and Works - Connectivity Assets and Liveable City (Acting) ATTACHMENTS 1 Attachment 1 - Standard Conditions for Road Closures 2 Attachment 4 - Installation of Tower Crane - Church Street, Wollongong 3 Attachment 5 - Traffic Control Plans for events at WEC and WIN Stadium

COMPLIANCE WITH OFFICE OF LOCAL GOVERNMENT GUIDELINES ON COUNCIL DECISION MAKING DURING MERGER PROPOSAL PERIODS The recommendation in this report satisfies the requirements of the OLG Guidelines - Council Decision Making During Merger Proposal Periods.

BACKGROUND

REGULATION OF TRAFFIC 2 WOLLONGONG – WARD 2 Church Street – Installation of Tower Crane – Revised dates Background A contractor has requested that Council agree to a full road closure of Church Street between Gipps and Edward Streets, to allow the installation of a tower crane at a new development; 28 – 30 Church Street, Wollongong. Due to poor weather conditions in December 2016, revised dates have been provided by the contractor. The contractor has nominated for the closure to occur on a single week day of the period commencing Monday 6th February through to Friday 10th February inclusive. It was suggested that an alternate single day within a contingency period be permitted (subject to Council, NSW Police and RMS agreement) to allow flexibility should poor weather conditions occur; and it is proposed this period extend from the nominated dates up to and including 31st March 2017. The road closure will take effect from 7am to 5pm and arrangements have been made to permit access for residents. The closure will involve a relocation of bus route 65 for the duration, via

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Edward Street, Keira Street and Campbell Street. The bus operators have requested that the bus zone for school students in Keira Street be extended by 30 metres to permit school bus services to drop off and pick up passengers instead of using the usual school bus zone in Church Street. In addition, the applicant will be required to notify the bus companies of the day to be selected for the work and also to ensure a traffic controller is located at the extended school bus zones from 7am to 9am and 2pm to 3.30pm. There is a simple diversion in place for all other through traffic via Edward Street, View Street and Gipps Street (Gipps Street between Church and View Streets is two way.)

PROPOSAL SUPPORTED UNANIMOUSLY The submitted traffic management plan (Attachment 4) for the full closure of Church Street be approved subject to: i The closure to occur on a single week day of the period commencing Monday 6th February to Friday 10th February; with an alternate single day within a contingency period (subject to Council, NSW Police and RMS agreement) extending from the nominated dates up to and including 31st March 2017. ii Council’s Standard Conditions for Road Closures (Attachment 1). iii The school bus zones in Keira Street being extended by 30 metres (outside Smith’s Hill High School). iv The supply of a traffic controller by the Applicant, to be located at the school bus zones in Keira Street from 7am to 9am and 2pm to 3.30pm. v Notification to the bus companies by Applicant to confirm the date of works.

3 WOLLONGONG - WARD 2 Harbour, Crown and Burelli Streets and Marine Drive - Events at WIN Stadium and the Wollongong Entertainment Centre for 2017 Background As in previous years the Venues Manager of the WIN Sports & Entertainment Centre has requested approval for road closures and the regulation of traffic associated with the major events in 2017.

Date WIN Stadium Major Events Saturday 11th February Dragons V Wests Tigers Sunday 12th March Dragons V Parramatta Eels Saturday 15th April – Easter Saturday Dragons V Nth Queensland Cowboys Sunday 30th April Dragons V Melbourne Storm Sunday 23rd July Dragons V Manly Sea Eagles Wednesday 23rd and Thursday 24th August Rehearsal for Southern Stars 2017 Friday 25th and Saturday 26th August Four shows for Southern Stars 2017 Thursday 23rd November Kidzwish Christmas Party Date to be confirmed The Wiggles

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NRL Events - Under arrangements with the NRL there are five home games for the St George Illawarra Dragons at WIN Stadium in 2017. The crowds expected for these home games are in the range of 10 – 15,000 and accordingly it is proposed to use the Plan 2 Traffic Management Plans (Attachment 5). The NRL events will involve the closure of the southbound lane of Harbour Street between Crown and Burelli Streets and the closure of Harbour Street between Burelli and Stewart Streets. There will also be traffic controllers at the intersection of Crown and Harbour Streets during the period before each games commences and at the conclusion of the games. The applicant also proposes to install variable message board signs on the key routes in and out of Wollongong with permission from NSW RMS. These signs will direct the attendees to the most appropriate routes to and from the venue. Southern Stars Events - The main performance days of the 25th and 26th August involve a Plan 2 Traffic Management Plan (Attachment 5) the same as used for NRL games. The closures of Harbour Street will take effect during the day on the 25th of August with the closures extending into the evening on the 26th and covering the evening performance. During performances on the 25th and 26th traffic controllers will be in place at the intersection of Crown and Harbour Streets between 6pm and 7pm and from 10pm to 11pm. It is proposed to close Marine Drive between Crown Street and Cliff Road on 26th August between 8am and 3pm to provide the bus parking and manoeuvring area. Kidzwish Christmas Party – This will involve a Plan 1 Traffic Management Plan (Attachment 5) as proposed with the development application for the current WEC and WIN Stadium, to accommodate 5 – 10,000 attendees. This traffic management plan involves the closure of Harbour Street between Stewart and Burelli Streets and the closure of the southbound lane of Harbour Street between Crown and Burelli Streets. For all the events scheduled above for NRL events, Southern Stars and Kidzwish at the WEC and WIN Stadium, there will be temporary ‘No Parking’ zones set up on the northern side of Burelli Street between Corrimal and Harbour Street and in Stewart Street immediately to the west of the Steelers Car Park. As in previous years, a further Plan 3 Traffic Management plan has been included to accommodate any large events with crowd capacity of 15,001 – 23,000 attendees. All the road closures at the WEC and WIN stadium are subject to Council’s Standard Conditions for Road Closures, (Attachment 1) including the permits required under section 138 of the State Roads Act and permission from NSW Roads & Maritime Services.

PROPOSAL SUPPORTED UNANIMOUSLY The submitted plans for various events at WEC and WIN stadium be approved:  Plan 2 Traffic Management Plan (Attachment 5) for NRL events  Plan 2 Traffic Management Plan (Attachment 5) for Southern Stars events  Plan 1 Traffic Management Plan (Attachment 5) for the Kidzwish Christmas Party  Plan 3 Traffic Management Plan (Attachment 5) for any large crowd capacity events

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal under the objective Community Goal 6 – We have sustainable, affordable and accessible transport. It specifically delivers on core business activities as detailed in the Transport Services Plan 2016-17.

Ordinary Meeting of Council Item 9 - Attachment 1 - Attachment 1 - Standard Conditions for Road 30 January 2017 64 Closures

Ordinary Meeting of Council Item 9 - Attachment 2 - Attachment 4 - Installation of Tower Crane - 30 January 2017 65 Church Street, Wollongong

Ordinary Meeting of Council Item 9 - Attachment 3 - Attachment 5 - Traffic Control Plans for events 30 January 2017 66 at WEC and WIN Stadium

Ordinary Meeting of Council Item 9 - Attachment 3 - Attachment 5 - Traffic Control Plans for events 30 January 2017 67 at WEC and WIN Stadium

Ordinary Meeting of Council Item 9 - Attachment 3 - Attachment 5 - Traffic Control Plans for events 30 January 2017 68 at WEC and WIN Stadium

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File: GI-80.12.020 Doc: IC16/100480 BI-MONTHLY TABLING OF RETURNS OF DISCLOSURES OF INTEREST AND ITEM 10 OTHER MATTERS The Local Government Act 1993 requires the General Manager to table all Returns of Disclosures of Interest lodged by persons nominated as designated persons. Returns are submitted to Council on a bi-monthly basis.

RECOMMENDATION Council note the tabling of the Returns of Disclosures of Interest as required by Section 450A of the Local Government Act 1993.

REPORT AUTHORISATIONS Report of: Kylee Cowgill, Manager Governance and Information Authorised by: Kerry Hunt, Director Corporate and Community Services - Creative, Engaged and Innovative City (Acting)

ATTACHMENTS 1 Returns of Disclosures of Interests and Other Matters (to be tabled).

COMPLIANCE WITH OFFICE OF LOCAL GOVERNMENT GUIDELINES ON COUNCIL DECISION MAKING DURING MERGER PROPOSAL PERIODS The recommendation in this report satisfies the requirements of the OLG Guidelines - Council Decision Making During Merger Proposal Periods.

PLANNING AND POLICY IMPACT This report contributes to the delivery of Wollongong 2022 goal “We are a connected and engaged community”. It specifically delivers on core business activities as detailed in the Governance and Administration Service Plan 2016-17.