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SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 17 December 2019 Business Paper Page 1 This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 17 December 2019 AGENDA 1. Acknowledgement to Country .........................................................................3 2. Apologies ...........................................................................................................3 3. Leave of Absence..............................................................................................3 4. Confirmation of Minutes ...................................................................................4 4.1 Ordinary Council Meeting 19 November 2019 ................................................................ 4 4.2 Committee of the Whole (Confidential) Meeting 19 November 2019 ............................... 4 4.3 Extraordinary Meeting 3 December 2019 ....................................................................... 4 5. Disclosures of Interest......................................................................................4 6. Condolences......................................................................................................4 7. Mayoral Statements / Reports / Presentations ...............................................4 8. Mayoral Minutes ................................................................................................4 9. Councillors' Statements / Reports ...................................................................4 10. Reports...............................................................................................................4 10.1 General Manager ...............................................................................................5 10.1.1 Model Code of Conduct Complaints Statistics 2018 - 2019 (11333044) .......................... 5 Recommendation...........................................................................................................7 10.2 Council Sustainability Directorate .................................................................12 10.2.1 Monthly Investment Report - October 2019 (11342110) ............................................... 12 Recommendation......................................................................................................... 14 10.2.2 The Waterfront, Shell Cove Heavy Duty Platform and Travel Lift Runway (11342111) .................................................................................................................. 18 Recommendation......................................................................................................... 21 10.3 Community and Customers Directorate........................................................22 10.3.1 Sponsorship Applications 2019/20 - Late Application Request - Albion Park Show Society (11340601) ............................................................................................ 22 Recommendation......................................................................................................... 25 10.3.2 Applications for 'Cash for Charities' Financial Contribution 2019/2020 (11340602) .................................................................................................................. 26 Recommendation......................................................................................................... 28 10.3.3 Adoption of Shellharbour Local Housing Strategy (11342113) ...................................... 29 Recommendation......................................................................................................... 36 10.3.4 Endorsement of Draft Shellharbour Open Space and Recreation Needs Study and Strategy (11342114).................................................................................... 42 Recommendation......................................................................................................... 50
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Page 1: AGENDA...the Land on which we are meeting and pays its respects to Elders past, present and emerging. Webcasting and Emergency Plan Statement Pre-registered members of the public who

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 17 December 2019 Business Paper Page 1

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 17 December 2019

AGENDA 1. Acknowledgement to Country ......................................................................... 3

2. Apologies ........................................................................................................... 3

3. Leave of Absence .............................................................................................. 3

4. Confirmation of Minutes ................................................................................... 4

4.1 Ordinary Council Meeting 19 November 2019 ................................................................ 4 4.2 Committee of the Whole (Confidential) Meeting 19 November 2019 ............................... 4 4.3 Extraordinary Meeting 3 December 2019 ....................................................................... 4

5. Disclosures of Interest...................................................................................... 4

6. Condolences ...................................................................................................... 4

7. Mayoral Statements / Reports / Presentations ............................................... 4

8. Mayoral Minutes ................................................................................................ 4

9. Councillors' Statements / Reports ................................................................... 4

10. Reports............................................................................................................... 4

10.1 General Manager ............................................................................................... 5

10.1.1 Model Code of Conduct Complaints Statistics 2018 - 2019 (11333044) .......................... 5 Recommendation ........................................................................................................... 7

10.2 Council Sustainability Directorate ................................................................. 12

10.2.1 Monthly Investment Report - October 2019 (11342110) ............................................... 12 Recommendation ......................................................................................................... 14 10.2.2 The Waterfront, Shell Cove Heavy Duty Platform and Travel Lift Runway

(11342111) .................................................................................................................. 18 Recommendation ......................................................................................................... 21

10.3 Community and Customers Directorate........................................................ 22

10.3.1 Sponsorship Applications 2019/20 - Late Application Request - Albion Park Show Society (11340601) ............................................................................................ 22

Recommendation ......................................................................................................... 25 10.3.2 Applications for 'Cash for Charities' Financial Contribution 2019/2020

(11340602) .................................................................................................................. 26 Recommendation ......................................................................................................... 28 10.3.3 Adoption of Shellharbour Local Housing Strategy (11342113) ...................................... 29 Recommendation ......................................................................................................... 36 10.3.4 Endorsement of Draft Shellharbour Open Space and Recreation Needs

Study and Strategy (11342114) .................................................................................... 42 Recommendation ......................................................................................................... 50

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SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 17 December 2019 Business Paper Page 2

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 17 December 2019

10.4 Amenity and Assets Directorate .................................................................... 51

10.4.1 Tender 2019/87 Morley Park and Stoney Range Pony Club Building Refurbishments - Design and Construction (11342681) ................................................ 51

Recommendation ......................................................................................................... 54 10.4.2 Review of Elliot Lake - Little Lake Floodplain Risk Management Grant

Acceptance (11343361) ............................................................................................... 55 Recommendation ......................................................................................................... 58

11. Committee Recommendations ....................................................................... 59

11.1 Recommendations from the Disability Access and Inclusion Advisory Committee Meeting held 13 November 2019 recommended for adoption. .................... 59

11.2 Recommendations from the Traffic Committee Meeting held 4 December 2019 recommended for adoption. ................................................................................. 59

12. Items for Information ...................................................................................... 59

12.1 Item for Information: Lease Agreements – Airspace at 33 Wentworth Street, Shellharbour and 23 Addison Street, Shellharbour (11332439) ......................... 59

12.2 Items for Information: Response to Questions Taken on Notice (11332649) ................ 61

13. Notices of Rescission/Alteration Motions ..................................................... 65

14. Notices of Motion ............................................................................................ 66

14.1 Notice of Motion submitted by Cr Kellie Marsh: CCTV and Lighting at Shellharbour Skate Park (11337645)............................................................................ 66

14.2 Notice of Motion submitted by Cr Peter Moran: Displays of laser lights or noiseless fireworks (11343358) .................................................................................... 67

15. Questions on Notice (must be submitted in writing) ................................... 68

16. Urgent Business .............................................................................................. 68

17. Confidential Business (Committee of the Whole in Closed Session) ........................................................................................................... 68

17.1 Verbal Report - Confidential legal advice regarding action taken by the General Manager (11344018) ...................................................................................... 68

18. Committee of the Whole in Closed Session (Closed to the Public): Adjournment ..................................................................................... 68

19. Committee of the Whole in Closed Session: Consideration of Adoption of Decisions Reached in Closed Session.................................... 68

20. Consideration of Motions to Declassify Reports Considered in Closed Session .............................................................................................. 68

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SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 17 December 2019 Business Paper Page 3

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 17 December 2019

1. Acknowledgement to Country

Shellharbour City Council acknowledges the Traditional Owners and Custodians of the Land on which we are meeting and pays its respects to Elders past, present and emerging. Webcasting and Emergency Plan Statement Pre-registered members of the public who address Council at the Addresses to Council Forum and those who attend Council Meetings should be aware that their image, and comments will be recorded, and broadcast live from Council's website. It should be noted that the Addresses to Council Forum is held prior to the Council Meeting from 4.30pm to 5.30pm. Council broadcasts live to enhance the accessibility of Council Meetings to the broader Shellharbour City Community. Recordings can be downloaded from Council's website for later viewing, or purchased from Council for viewing on a computer. For further information on Privacy, refer to the Public Gallery Conduct Standards displayed in the Chamber. Council accepts no responsibility for any defamatory or offensive statements. Members of the gallery should also refer to the Public Gallery Conduct Standards, for appropriate standards of behaviour during Council Meetings. Should Council need to consider confidential matters during a Council Meeting, invited members of the gallery may address the Council on the reasons why the meeting should not resolve into Committee of the Whole (Confidential Session). Please ensure that mobile phones and other electronic devices are turned off or are in silent mode for the duration of the meeting. In the event of an emergency, please evacuate the building using the nearest exit and follow the instructions given by the wardens. Do not use the lifts.

2. Apologies

3. Leave of Absence

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SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 17 December 2019 Business Paper Page 4

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 17 December 2019

4. Confirmation of Minutes

4.1 Ordinary Council Meeting 19 November 2019

That the Minutes of the Ordinary Council Meeting held on 19 November 2019 as circulated be taken as read and confirmed as a correct record of proceedings.

4.2 Committee of the Whole (Confidential) Meeting 19 November 2019

That the Minutes of the Committee of the Whole (Confidential) Meeting held on 19 November 2019 as circulated be taken as read and confirmed as a correct record of proceedings.

4.3 Extraordinary Meeting 3 December 2019

That the Minutes of the Extraordinary Council Meeting held on 3 December 2019 as circulated be taken as read and confirmed as a correct record of proceedings.

5. Disclosures of Interest

Note: Councillors and staff who declare an Interest at the Council Meeting are also required to complete a Declaration of Interest form.

6. Condolences

7. Mayoral Statements / Reports / Presentations

8. Mayoral Minutes

9. Councillors' Statements / Reports

10. Reports

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This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 17 December 2019

10.1 General Manager

10.1.1 Model Code of Conduct Complaints Statistics 2018 - 2019 (11333044)

To the Mayor and Councillors Directorate: General Manager Group: Council Services Manager: Rebecca Kennedy – Governance Manager Author: Stephanie Salviejo – Governance Officer

Summary The purpose of this report is to meet Shellharbour City Council’s reporting obligations under the Procedures for the Administration of the Model Code of Conduct (Procedures), in relation to Code of Conduct Complaints Statistics for the period of 1 September 2018 to 31 August 2019. There were no complaints received in the period about councillors or the General Manager.

Background Under the Procedures, each council’s complaints coordinator must report annually on a range of complaint statistics to their council and to the Office of Local Government within three months of the end of September. The Model Code of Conduct Complaints Statistics Report for the period 1 September 2018 to 31 August 2019 is attached to this report (Attachment 1). The statistics that are to be reported are set out in clause 12.1 of the Procedures, shown in the extract below. 12.1 The complaints coordinator must arrange for the following statistics to be

reported to council within 3 months of the end of September of each year: a) the total number of code of conduct complaints made about councillors

and the general manager under the code of conduct in the year to September,

b) the number of code of conduct complaints referred to a conduct reviewer, c) the number of code of conduct complaints finalised by a conduct reviewer

at the preliminary assessment stage and the outcome of those complaints,

d) the number of code of conduct complaints investigated by a conduct reviewer,

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e) the number of code of conduct complaints investigated by a conduct review committee,

f) without identifying particular matters, the outcome of code of conduct complaints investigated by a conduct reviewer or conduct review committee under these procedures,

g) the number of matters reviewed by the Office of Local Government and, without identifying particular matters, the outcome of the reviews, and

h) The total cost of dealing with code of conduct complaints made about councillors and the general manager in the year to September, including staff costs.

Financial/resource implications Nil Legal & policy implications The Procedures require Council to report to the Office of Local Government and Council on Council's Code of Conduct complaints statistics within three months of the end of September. Public/social impact Shellharbour City Council values accountability, integrity and respect by being honest, open and transparent. Reporting on the outcomes and costs associated in dealing with Council’s Code of Conduct complaints makes council officials more accountable to the public for their actions. Link to Community Strategic Plan This report supports the following objectives and strategies of the Community Strategic Plan: Objective: 4.1 Led through Collaboration Strategy: 4.1.1 Ensure that the Mayor and Councillors are representative of the

community providing strong, innovative and proactive leadership Objective: 4.2 Supported by a Council that is responsive, accountable and

financially viable Strategy: 4.2.1 Undertake Council activities within a clear framework of strategic

planning, policies, procedures and service standards

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Consultations Internal Nil

External Nil

Political Donations Disclosure Not applicable

Recommendation That Council receive and note the Model Code of Conduct Complaints Statistics report for the period 1 September 2018 to 31 August 2019 as presented.

End Section

Approved for Council's consideration:

Date of Meeting: 17 December 2019

Attachments 1. Model Code of Conduct Complaints Statistics Report – Page 8

Rebecca KennedyGovernance Manager

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Attachment 1 - Code of Conduct Complaints Statistics Report

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This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 17 December 2019

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This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 17 December 2019

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This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 17 December 2019

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10.2 Council Sustainability Directorate

10.2.1 Monthly Investment Report - October 2019 (11342110)

To the General Manager Directorate: Council Sustainability Group: Finance

Manager: Gary Grantham – Chief Financial Officer Author: Claire Wheatley – Accounting Officer

Summary The purpose of this report is to provide details to Council, of its current investment portfolio in terms of holdings and impacts of changes in market values since the last monthly report, and to seek a resolution to receive and note the report. This report for the month of October 2019 details investment performance against applicable benchmarks, and reviews the compliance of Council's investments with policy and legislative requirements.

As part of the September Quarter Budget Review, the forecast for interest on investments to 30 June 2020 was increased by approximately $163K to $2.629M. This increase relates to interest earned on developer contributions and is due to the average balance of developer funds being higher than originally forecasted.

As at the end of October 2019, $895K of interest revenue has been accrued. Council is ahead of the budget forecast up until the end of October by approximately $19K (forecast = $2.629M divided by 12 months and multiplied by 4 months = $876K).

The revised Investment Policy was endorsed by Council at its meeting on 19 November 2019 to be placed on public exhibition for 28 days calling for submissions. The revised Investment Policy will be advertised from 27 November 2019 to 24 December 2019.

Background Financial Services staff monitor Council's cash flow on a daily basis, with surplus funds being invested in accordance with Council's Investment Policy, the Local Government Act, Local Government (General) Regulation and the Ministerial Investment Order.

Subject to these constraints, Council's objective when investing funds, is to obtain the most favourable rate of interest, whilst taking into consideration the risks and security associated with the investment and ensuring that Council's liquidity requirements are also being met. To assist with this process, Council communicates with its independent investment advisors (Imperium Markets Pty Ltd) before any investment is made.

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Close attention is paid to Council's Investment Policy document.

This report provides details on the performance for the month of October (Attachments 1 & 2). The return on investments for the month of October was 0.21% or when annualised approximately 2.52%. This portfolio return for October compares favourably with the AusBond Bank Bill Index of 0.08% for the month and 0.96% when annualised. The portfolio year to date has returned 0.89%, which when annualised equates to 2.67%.

Financial / Resources Implications

The forecast budget for interest on investments was increased at the September Quarter Budget Review by approximately $163K to $2.629M. This increase relates to interest earned on developer contributions and is due to the average balance of developer funds being higher than originally forecasted.

Council is currently ahead of the adjusted budget forecast up to the end of October 2019 by approximately $19K. There are additional fair value assessments of Floating Rate Notes (FRNs), however these amounts are excluded from the Operational Performance Ratio.

Legal and Policy implications

Section 212 of the Local Government (General) Regulation 2005, requires Council's Responsible Accounting Officer to provide a report to Council, detailing all investments held at the end of each month. This report confirms that the investments made, have been in accordance with the Act and the regulations, along with Council’s Investment Policy.

The revised Investment Policy was endorsed by Council at its meeting on 19 November 2019 to be placed on public exhibition for 28 days calling for submissions. The revised Investment Policy will be advertised from 27 November 2019 to 24 December 2019. If no relevant submissions are received as a result of the public exhibition, the revised policy will be adopted.

Public / Social Impact

Council invests its surplus funds on the best available advice, to maximise interest returns in accordance with Council's Investment Policy. Any additional interest income achieved through the placement of investments will result in extra funds being available for expenditure in our City.

Link to Community Strategic Plan

This report supports the following objectives and strategies of the Community Strategic Plan:

Objective: 4.2 Supported by a Council that is responsive, accountable and financially viable

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Strategy: 4.2.1 Undertake Council activities within a clear framework of strategic planning, policies, procedures and service standards

4.2.3 Ensure Council is financially sustainable and continues to be transparent and accountable

Consultations Internal Nil

External Imperium Markets Pty Ltd

Political Donations Disclosure Not Applicable.

Recommendation That Council receive and note the attached Investment Portfolio report as at 31 October 2019.

End Sec ti on

Approved for Council's consideration:

Date of Meeting: 17 December 2019

Attachments 1. Council's Investment Portfolio as at 31 October 2019 – Page 152. Council's Investment Portfolio Graph as at 31 October 2019 – Page 16

Gary GranthamChief Financial Officer

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Attachment 1 - Council's Investment Portfolio as at 31 October 2019

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Attachment 2 - Council's Investment Portfolio Graph as at 31 October 2019

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This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 17 December 2019

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SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 17 December 2019 Business Paper Page 18

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10.2.2 The Waterfront, Shell Cove Heavy Duty Platform and Travel Lift Runway (11342111)

To the General Manager Directorate: Council Sustainability Group: Shell Cove

Manager: Marcello Chiodo – Acting Director Council Sustainability Author: Paula Turner – Shell Cove Engineer

Summary The purpose of this report is to inform Council of the tender process for Contract 2019/100 for the construction of the Shell Cove Heavy Duty Platform and Travel Lift Runway located in the Outer harbour and to seek a resolution to award contract 2019/100 to Tenderer “A”. Additionally it is recommended that Council authorises the General Manager or his delegate to sign the Letter of Award and execute the contract, variations and associated documents.

In accordance with Section 10A (2) (d) (i) of the Local Government Act 1993, some information will remain confidential as it would, if disclosed, prejudice the commercial position of the person who supplied it. This tender information is provided in a separate attachment (Attachment 1).

Background The Outer Harbour of Shell Cove will support the boat launching ramp, on-water fuel and sewage pump-out services, the Boat Maintenance Facility and the dry boat storage. The heavy duty platform and travel lift rails will allow the operation of the forklift and travel lift to service the dry stack boat storage and Boat Maintenance Facilities.

The package of works was advertised on Thursday 7 November 2019 via Council’s Tenderlink panel as an open tender. The request for open tenders closed at 10:00am on Wednesday 4 December 2019.

Four tender submissions were received and reviewed by the Tender Assessment Panel in accordance with Council’s Procurement Policies and Procedures. The companies are listed in Table 1 below.

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Table 1: Tenderers for Tender 2019/100 - The Waterfront, Shell Cove Heavy Duty Platform and Travel Lift Runway

Received Tenders (Alphabetical Order) Coastwide Civil Pty Ltd Dynamic Civil Pty Ltd SMC Marine Pty Ltd Talis Civil Pty Ltd

The Tender Assessment Panel included internal and external representatives from the Project, Amenity and Assets, and Procurement teams.

The confidential information relating to the assessment of tenders is within Attachment 1:

1. Financial Ranking of Tenders2. Non-Conforming Tenders3. Final Ranking of Tenders4. Financial Capacity Assessment5. Detailed breakdown of budget and cost

The Tender Assessment Panel (TAP) reviewed the submitted tenders and determined the preferred contractor, Tenderer “A”, was the highest ranked overall and was considered value for money, as outlined in Attachment 1.

The preferred contractor, Tenderer “A” has satisfied the TAP that it is capable of undertaking the works. It is recommended that the Council accept the tender and award the contract.

Alternatively, under Clause 178(3) of the Local Government (General) Regulations 2005, Council can decide not to accept any of the supplied tenders and therefore must, by resolution do one of the following:

a) Postpone or cancel the proposal for the contract.b) Invite fresh tenders based on the same or different details.c) Invite fresh applications from persons interested in tendering for the proposed

contract.d) Invite fresh applications from persons interested in tendering for contracts of

the same kind as the proposed contract.e) Enter into negotiations with any person (whether or not the person was a

tenderer) with a view to entering into a contract in relation to the subjectmatter of the tender.

f) Carry out the requirements of the proposed contract itself.

If Council resolves to enter into negotiations, the resolution must state:

a) The Council’s reasons for declining to invite fresh tenders.b) The Council’s reasons for determining to enter into negotiations.

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The contractor name and the contract sum will be made public, if Council resolves to accept the preferred Tenderer ‘A’. Council may also provide a consequential motion at this meeting including the contractor name and contract sum, as provided in Attachment 1.

Financial / Resources Implications

The project will be funded by Council’s Capital works budget for 2019/2020 where money has been previously allocated. The tendered price provided as preferred tender “A” is within budget and aligns with Council’s estimated costs for the scope of works.

Legal and Policy implications

The tender process was undertaken in accordance with the Local Government Act 1993, Local Government (General) Regulation 2005 and Shellharbour City Council Procurement Policy and Procedures.

The outer harbour works received approval by the Department of Planning, Industry and Environment on 20 November 2019.

Public / Social Impact

The provision for highly sought after marine infrastructure will improve the level of service for the maritime community on the South Coast of NSW, and create a marine industry within the Shell Cove Harbour. Additionally this has the opportunity to increase marine tourism, as it is an additional service on offer within the Harbour.

Link to Community Strategic Plan

This report supports the following objectives and strategies of the Community Strategic Plan:

Objective: 3.2 Supports and increases employment and business opportunities within a strong local economy

Strategy: 3.2.1 Activate the Shell Cove Harbour Precinct as a lifestyle and boating destination providing development, tourism and community opportunities

Strategy: 3.2.2 Create, promote and maintain local business, job, investment and lifestyle opportunities

Objective: 3.3 Welcomes, engages and attracts visitors

Strategy: 3.3.1 Promote our City as a tourist destination of choice

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Consultations Internal Chief Financial Officer Manager Procurement and Supply Commercial Manager Shell Cove

External Frasers Property Australia Advisian Goldie Consulting Pty Ltd

Political Donations Disclosure Not Applicable

Recommendation That:

1. In accordance with Clause 178 of the Local Government (General)Regulation (2005), Council accept the tender offer for the contract2019/100 from Tenderer “A” for The Waterfront, Shell Cove Heavy DutyPlatform and Travel Lift Rails.

2. Council authorise the General Manager or his delegate to sign the Letterof Award and execute the contract, variations and associated documents.

3. In accordance with the Government Information (Public Access) Act 2009the name of the successful contractor and amount payable under thecontract be added to the contracts register.

End Sec ti on

Approved for Council's consideration:

Date of Meeting: 17 December 2019

Attachment 1. Confidential Memo – 10.2.2 Summary of Tender Assessment 2019/100 The

Waterfront, Shell Cove Heavy Duty Platform and Travel Lift Rails (issued under separate cover).

Marcello ChiodoActing Director Council Sustainability

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10.3 Community and Customers Directorate

10.3.1 Sponsorship Applications 2019/20 - Late Application Request - Albion Park Show Society (11340601)

To the General Manager Directorate: Community and Customers Group: Community Connections

Manager: Kathryn Baget-Juleff – Group Manager Community Connections Author: Jamie Dawson - Manager Community Engagement and Activation

Summary The purpose of this report is to seek Council's endorsement of the recommendations made by the Financial Assistance Working Party to support the late application for event sponsorship by Albion Park Show Society. The recommendations relate to the Event Sponsorship budget for the 2019/20 financial year.

This report recommends that Council provide in-kind sponsorship assistance from the Sponsorship budget up to an amount of $4,910.00.

The report also recommends that the event be added to Council’s Calendar of Events as a “sponsored event”.

Background At the extraordinary meeting on 25 September, the Financial Assistance Working Party resolved to allocate all remaining funds in a highly competitive round. A total of 13 applications were received requesting a combined amount of $81,184. The Financial Assistance Working Party resolved to allocate $41,500 in sponsorship funding, exhausting the Event Sponsorship budget allocation for the 2019/20 financial year. Eleven applications received partial funding and two received no funding through this process.

The recommendations of the Financial Assistance Working Party were endorsed by Council resolution at the 8 October 2019 ordinary meeting of Council.

In the process of drafting subsequent sponsorship agreements, the Shellharbour Club (New Year’s Eve Fireworks) and the Oak Flats Lions Club (March Alive event) declined to accept the offer of sponsorship due to the cancellation of their respective events. This resulted in $7,000 of the original allocation being returned to Council to be carried over for allocation in the 2020/21 financial year.

On 25 November, Council Officers were made aware that a late application had been received from the Albion Park Show Society. The application was distributed by email to the Financial Assistance Working Party for consideration.

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Sponsorship may be considered for not-for-profit groups, organisations or individuals seeking to organise an event or activity within the Shellharbour Local Government Area that has a demonstrable benefit to the wider community. Approval is generally recommended in part or in full, within Council's budget limits, for those applications that are deemed to fit the guidelines of Council's Sponsorship Policy and Council's programme objectives.

Council's Sponsorship Policy outlines the requirements and criteria for Council to allocate sponsorship assistance to suitable recipients within Shellharbour City, or relevant to the city, in a manner compatible with ICAC guidelines and provisions of s356 of the Local Government Act 1993.

In accordance with Shellharbour City Council’s Sponsorship Policy, eligibility for Ordinary Sponsorship must meet the following criteria:

1. Ordinary Sponsorships can be considered for not-for-profit groups,organisations or individuals seeking to organise an event/activity within theShellharbour Local Government Area that has demonstrable benefit to thecommunity.

2. Ordinary Sponsorship sought must be for a specific community event/activitywith a fixed timeframe. Ongoing operational, maintenance or administrativecosts will not be sponsored.

3. Successful applicants must sign and comply with a Sponsorship Agreement,which includes the requirement for:

- Acknowledgement of Council (including logo) equivalent to other similar amount sponsors and/or as stated within Council’s Sponsorship Agreement.

- The applicant to obtain and comply with all certificates and approvals required by law in order to hold the proposed event/activity.

- Council to have the opportunity to display banners (as supplied by Council) at events/activities.

- Council to have the opportunity for a stall at all events/activities. - A written evaluation to be provided within three (3) months of the

conclusion of the event/activity.

4. The following events/activities will not be eligible for funding via this program:

- Specific and local cultural events/activities - Fetes - Conferences/Dinners - Political events/activities - Any event/activity with sponsorship assessed as actual, potential or

perceived conflict of interest between Council and the applicant or another sponsoring individual or organisation for such event/activity.

- Any event/activity which is assessed as a risk management cost to Council.

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5. Applicants who have received donations, grants or sponsorship from Council inthe past two years will be ineligible for sponsorship funding if all requirementsof the previous sponsorship have not been satisfactorily complied with andfinalised.

6. Events/activities will not be sponsored retrospectively.

The working party considered the Albion Park Show Society’s late request for sponsorship and made the recommendation to provide in-kind sponsorship for the event up to the value of $4,910.00

Financial / Resources Implications

Due to declined offers of sponsorship, there is $7,000 remaining to be allocated in the 2019/20 financial year in the Community Event Sponsorship budget. This will leave $2,090 remaining to be carried over for allocation in the 2020/21 financial year.

Legal and Policy implications

Nil

Public / Social Impact

Sponsorship of Community Events provides organisations and residents with opportunities to celebrate and commemorate events of significance in the Shellharbour City area. It is recognised these events are a highpoint on the community's social calendar.

Link to Community Strategic Plan

This report supports the following objectives and strategies of the Community Strategic Plan:

Objective: 1.1 Vibrant, safe, creative and inclusive

Strategy: 1.1.1 Deliver and promote event and activities for our community

Strategy: 1.1.5 Nurture a creative community participating in arts and cultural activities

Objective: 1.2 Active and healthy

Strategy: 1.2.1 Provide access to services and facilities where people can live, learn and play

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Consultations Internal Financial Assistance Working Party

External Nil

Political Donations Disclosure Not Applicable

Recommendation That Council endorse:

1. The recommendation of the Financial Assistance Working Party andprovide in-kind sponsorship up to the total value of $4,910.00 to theAlbion Park Show Society

2. The sponsored event be added to Council's Calendar of Events as a"sponsored event"

3. Any remaining funds from the 2019/20 Budget allocation for EventSponsorship be carried over for allocation in the 2020/21 financial year.

d Sec tion

Approved for Council's consideration:

Date of Meeting: 17 December 2019

Attachments Nil

Kathryn Baget-JuleffGroup Manager Community Connections

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10.3.2 Applications for 'Cash for Charities' Financial Contribution 2019/2020 (11340602)

To the General Manager Directorate: Community and Customers Group: Community Connections

Manager: Kathryn Baget-Juleff – Group Manager Community Connections Author: Jamie Dawson, manager Community Engagement and Activation

Summary The purpose of this report is to seek Council’s endorsement of the recommendations by the Financial Assistance Working Party (Working Party) to allocate a 20% portion of the proceeds from the Australia Day Breakfast by the Lake event, to be held on Australia Day 2020.

Cash for City Charities is a 20% share of the ticket sales from the event with the other 80% going to the volunteer groups who work on the day.

This report recommends that Council allocate 20% of proceeds of the gross breakfast ticket sales from Australia Day Breakfast by the Lake 2020, to the Cash for City Charities programme, with the amount to be split between the three successful organisations as follows:

• 10% to Illawarra Women's Health Centre

• 5% to St Vincent de Paul Society - Shellharbour

• 5% to St Vincent de Paul Society - Albion Park

Background Councils may provide financial assistance to others, under S356 of the NSW Local Government Act 1993 (the Act). Shellharbour City Council allocates funds for certain kinds of donations, listed as miscellaneous donations in each annual Operational Plan and the distribution of funds is managed by the Working Party, which includes all Councillors. Advice and additional information is provided to the meeting by relevant staff.

The Working Party considers requests for financial assistance and makes recommendations to Council subject to the Act, the history of the beneficiary proposal, Council’s policy and programme objectives. The Working Party considers requests for assistance in the form of cash, as well as reductions or waivers of Council fees and charges associated with use by applicant organisations, of city facilities or services.

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In such cases, Council may charge the value of any fee reduction, against the budget for donations, thereby ensuring that any fee waiver is recognised as a donation and Council is properly credited with this form of financial assistance.

The Working Party considered applications from organisations applying for a portion of 20% of the gross proceeds received from the sale of breakfast tickets at the Australia Day Breakfast by the Lake for the Cash for City Charities programme. The actual amount that these charities receive will depend on the amount raised at the event to be held on Australia Day 2020.

The Shellharbour community service groups, who assist Council with the Australia Day Breakfast by the Lake event, without whose assistance the event could not proceed, will receive between them a distribution of 80% of the proceeds from the Australia Day Breakfast by the Lake 2020.

The Working Party recommends that the following groups each receive a proportion of the remaining 20% of proceeds from Australia Day Breakfast by the Lake 2020, Cash for City Charities programme:

• 5% to St Vincent de Paul Society – Shellharbour

• 5% to St Vincent de Paul Society – Albion Park

• 10% to Illawarra Women’s Health Centre

Financial / Resources Implications

Allocations are made from proceeds raised through the sale of breakfast tickets. Council funds the cost of the provided breakfast through the annual allocation for event funding.

Legal and Policy implications

Nil

Public / Social Impact

The financial assistance provided has a positive social impact as it supports projects and activities within the community in accordance with Council's policy and program objectives.

Link to Community Strategic Plan

This report supports the following objectives and strategies of the Community Strategic Plan:

Objective: 1.1 Vibrant, safe, creative and inclusive City

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Strategy: 1.1.1 Deliver and promote events and activities for our community

Objective: 1.2 Active and healthy

Strategy: 1.2.1 Provide access to services and facilities where people can live, learn and play

Consultations Internal Financial Assistance Working Party

External Submissions received from organisations applying for Cash for Charities.

Political Donations Disclosure Not Applicable

Recommendation That Council endorse the recommendations of the Financial Assistance Working Party to allocate 20% of proceeds of the gross breakfast ticket sales from Australia Day Breakfast by the Lake 2020, to the Cash for City Charities programme, with the amount to be split between the three successful organisations as follows:

• 5% to St Vincent de Paul Society – Shellharbour• 5% to St Vincent de Paul Society – Albion Park• 10% to Illawarra Women’s Health Centre

End Sec ti on

Approved for Council's consideration:

Date of Meeting: 17 December 2019

Attachments Nil

Kathryn Baget-JuleffGroup Manager Community Connections

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10.3.3 Adoption of Shellharbour Local Housing Strategy (11342113)

To the General Manager Directorate: Community and Customers Group: City Planning

Manager: Geoff Hoynes – Group Manager City Planning Author: Michael Tuffy – Senior Strategic Planner

Summary The purpose of this report is to seek Council’s resolution to adopt the Shellharbour Local Housing Strategy and provide the Council with details of the:

• outcomes of the public exhibition of the Draft Shellharbour Local HousingStrategy; and

• implications of the Low Rise Medium Density Housing Code IndependentReview Report (the Ryan report) on the Shellharbour Local Housing Strategy.

The Shellharbour Local Housing Strategy (SLHS) is shown in Attachment 1 of this report and provides for the appropriate provision of all forms of housing for Shellharbour City over the next 25 years. It does this by analysing and responding to demographic changes, housing preferences and housing supply/demand issues, including community engagement outcomes. The SLHS also addresses policy implications arising from this analysis and these outcomes.

The key findings and recommendations for the SLHS are:

• The demand for housing in Shellharbour City over the next 25 years can bemet by existing residential zoned land through infill and greenfielddevelopment.

• There is a need for greater housing diversity and choice.• There is a need for more affordable housing• There is a need for more public housing• Our Local Environmental Plans and Development Control Plan should be

reviewed taking into consideration the more detailed findings of the SLHS.• Prepare for consideration a range of non-planning mechanisms to facilitate

housing diversity and affordability.• Consideration should be given to limiting any future application of the Low

Rise Medium Density Housing Code to existing R3 Medium Density zonedareas (excluding the Shell Cove Boat harbour Precinct) and possible futureadditional R3 zoned areas and to parts of the greenfield areas of Tullimbarand Calderwood; to help increase housing diversity.

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The SLHS’s position on the Low Rise Medium Density Housing Code (LRMDHC) is to support its application on existing R3 Medium Density zoned areas (except for the Shell Cove Boat Harbour Precinct) and proposed R3 areas as identified in the Strategy’s mapping. The LRMDHC’s application may be supported on any Tullimbar lands that in the future are rezoned to R3. Any future application of the LRMDHC to Calderwood should be resolved by the state government as part of its assessment of the applications to modify the Calderwood concept approval.

In September 2019 the Department of Planning Industry and Environment released a report (the Ryan Report) commissioned by the Minister for Planning and Public Spaces, titled Low Rise Medium Density Housing Code Independent Review Report.

Certain recommendations of the Ryan Report impact significantly on Council’s ability to pursue the Strategy’s recommendations on the Code. This does not prevent Council from adopting the Strategy and then commencing implementation of the recommendations which are unaffected by the Ryan report.

Background Mayoral Minute of 12 June 2018

On 12 June 2018, Council resolved via a Mayoral Minute to seek a 12 month deferral of the introduction of the LRMDH Code in the LGA. The 12 month deferral until 1 July 2019 was subsequently granted by the state government.

As part of successfully requesting the deferral, Council resolved via the above Mayoral Minute to prepare a Housing Strategy to address appropriate provision of all forms of housing for the community of Shellharbour City. Council’s deferral case to the state government also included the fact that a wide variety of housing forms are already permitted in our residential areas and that Council wanted to work further with its community and development industry in preparing its Housing Strategy. On this basis the introduction of the LRMDHC was considered premature and unwarranted.

Following an open tender, Council appointed consultants PSA in late February 2019 to assist Council in preparing the Shellharbour Local Housing Strategy.

The SLHS was initially scheduled for completion in the first half of 2019. However, the need for consistency with the NSW Local Housing Strategy Template and Guide introduced by the state government in October 2018, significantly broadened and changed the scope of the SLHS, pushing back its estimated delivery to late 2019. Accordingly Council resolved on 21 May 2019:

That Council write to the Minister for Planning and Public Spaces and the Department of Planning and Industry to seek a further postponement of the introduction of the Low Rise Medium Density Housing Code until 31 December 2019.

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Consequently State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) was amended to extend this deferral for 45 councils for a further short period, until 31 October 2019, to allow for a now completed independent review to be undertaken of the LRMDHC. More recently the deferral for the 45 councils was extended to 1 July 2020, as discussed later in this report.

Resolution to exhibit the Draft SLHS

On 2 July 2019 Council considered a report about the preparation of the Draft SLHS and resolved to endorse it for public exhibition for a period of 28 days.

Exhibition

The Draft SLHS was publicly exhibited for 28 days in July and August 2019. To obtain feedback this also involved a workshop with housing related agencies/development industry stakeholders and two ‘drop in lounge’ sessions for the broader community. The Draft SLHS was referred to housing related agencies and development industry stakeholders. This included the Department of Planning, Industry and Environment, Department of Family and Community Services and Land and Housing Corporation. Community engagement conducted on the Draft SLHS resulted in verbal feedback from the workshop and drop in lounge sessions and six written submissions, four from industry and two from State agencies. Overall, there was broad support for the preparation of the draft SLHS, with some key issues being raised for Council’s consideration as indicated in Attachment 2: Key issues raised and Council’s comment.

Post exhibition changes in the SLHS

Following the July/August 2019 public exhibition, the following changes were made to the Strategy:

• Potential application of the LRMDHC to greenfield areas of Tullimbar andCalderwood.

• Not supportive of the LRMDHC applying to the Shell Cove Boat HarbourPrecinct.

• Greater recognition of the need for smaller, more diverse and affordablehousing to be facilitated within Shellharbour City.

• Inclusion of reference to multi-generation housing within SLHSobjectives.

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• The need for best practice DCPs and the LRMDHC to be considered infuture DCP review.

• Implementation and delivery Plan for the delivery of recommendations,including timing commitments.

• Provisions for monitoring and review of the SLHS.

Low Rise Medium Density Housing Code Independent Review Report (the Ryan report)

In September 2019 the Department of Planning Industry and Environment released a report (the Ryan Report) commissioned by the Minister for Planning and Public Spaces, titled Low Rise Medium Density Housing Code Independent Review Report. The Ryan Report was prepared by Professor Roberta Ryan and Neil Selmon of the University of Technology Sydney.

The report contains 18 recommendations; including deferring the implementation of the Code until 1 July 2020 for Shellharbour and the other 44 existing deferred councils. This recommendation has been implemented.

On 1 November 2019, the regional office of the Department of Planning Industry and Environment verbally advised Council that the Department is forming a position on the other 17 recommendations of the Ryan Report and this may occur as early as before the end of 2019. But this has not been confirmed.

Certain recommendations of the Ryan Report impact significantly on Council’s ability to pursue the Strategy’s recommendations on the Code. This does not prevent Council from adopting the Strategy and then commencing implementation of the recommendations which are unaffected by the Ryan report.

Recommendation 8 of the Ryan Report is: There should be no LGA wide permanent exclusions from the Code and councils will be prevented from nominating the whole of an LGA or the whole of the R2 Low Density Residential zone as a Special Local Character Area.

The Strategy’s recommendations to exclude R2 land from the Code’s application is inconsistent with this recommendation. Despite this recommendation not formally being implemented, the regional office of the Department of Planning Industry and Environment has verbally advised that any planning proposal reflecting Council’s position on the Code is unlikely to be supported by the Department. This advice would also apply to the Strategy’s position on the Code’s application to Tullimbar.

Recommendation 8 indicates that exclusions to the Code need to be justified on character criteria and even if this criteria can be met, an exclusion will not be possible for all land in the R2 zone.

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Valued characteristics of individual neighbourhoods and places, built form, bulk, scale and height as well as landscaping and design all contribute to neighbourhood or place character.

A Draft Department of Planning Industry and Environment discussion paper of February 2019 indicates that exceptional circumstances would need to apply to trigger local exclusions from state wide policy such as the Code. Other criteria includes the completion of a Local Strategic Planning Statement and where relevant, a Local Housing Strategy.

Based on the draft discussion paper, pursuing exemption from the Code on the basis of special local character would not therefore be possible at this time.

Recommendation 12 of the Ryan Report is: The Standard Instrument LEP definition of multi dwelling housing should be amended to function as a ‘group term’, with multi dwelling housing (terrace houses) and manor house as subsets of that definition. Multi dwelling housing should remain a mandated ‘permitted with consent’ use in the Standard Instrument LEP R3 Medium Density Residential zone.

Defining manor houses as a sub definition under multi dwelling housing, while not making a difference in terms of the Code’s (possible future) application to Shellharbour; would make manor houses permissible with development consent in the R2 zone therefore providing a development application pathway for manor housing in the R2 zone. This concern has been communicated in writing to the regional office of the Department of Planning Industry and Environment (the Department). Currently a manor house is defined in LEP 2013 as a residential flat building and LEP 2013 prohibits RFBs in R2.

Benefits of adopting the SLHS

Adopting the SLHS would allow Council to commence implementing its recommendations. That the Strategy’s recommendations on the Code may not be supported by the Department, does not prevent Council from adopting the Strategy. Nor does it necessarily prevent the Department from approving a SLHS. The Department’s verbal advice is that any such approval may include a caveat about their position on its recommendations on the Code.

It should also be noted that the state government’s housing strategy template/guide requires housing strategies to be annually reviewed so that implementation and delivery plans can be revised to account for the evolution of state planning policy; including on the Code.

As part of adopting any Strategy it is recommended Council write to the Minister for Planning and Public Spaces advising the Strategy’s recommendations regarding the Code, together with Council’s concern regarding recommendation 12 of the Ryan Report which would facilitate a DA pathway for manor houses in the R2 zone.

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Alternatively, Council could wait for the state government to form a position on the recommendations of the Ryan Report. Although timing for reaching this position may be by the end of the year, it could be longer and even then it may not provide sufficient clarity on the Ryan Report regarding key recommendations, therefore further delaying the finalisation, adoption and implementation of the housing strategy. This approach is not recommended.

Financial / Resources Implications

Consultants were engaged to assist Council in the preparation of the SLHS. The SLHS’s development has cost $99,000 and was funded in the 2019/20 operational plan and budget.

Resource requirements for implementing relevant recommendations of the SLHS will need to be considered and factored into future review of Council’s Delivery Program and Operational Plan.

Legal and Policy implications

The SLHS forms a basis for any housing related amendments to Council’s Development Control Plan and Local Environmental Plans.

To achieve greater diversity and choice, this may include consideration of increasing the area of Council’s R3 Medium Density Residential zoned areas and reviewing residential densities in business zones and their immediate surrounding residential areas: in association with supporting the application of the LRMDHC only in existing (except for the Shell Cove Boat Harbour Precinct) and possible future R3 Medium Density zones.

R2 Low Density Residential zoned areas, except for those proposed for R3, would continue to function as lower density residential environments and be subject to more detailed character assessment to inform policy review which aims to supplement this function. As indicated in the Summary, the LRMDHC is not supported in the R2 Low Density Residential zone.

Other potential policy implications include how the SLHS feeds into Council’s Local Strategic Planning Statement and specific policy positions around affordable, social and public housing within the Council area.

Public / Social Impact

The SLHS will lead to positive public/social impacts via facilitating an appropriate and affordable supply of diverse housing choice to cater for the changing needs and lifestyles of Shellharbour City residents.

Link to Community Strategic Plan

The Shellharbour Local Housing Strategy supports the following objectives and strategies of the Community Strategic Plan:

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Objective: 1.1 Our City is vibrant, safe, creative and inclusive

Strategy: 1.1.4 Provide a liveable community that is accessible and inclusive

Objective: 1.2 Our City is active and healthy

Strategy: 1.2.1 Provide access to services and facilities where people can live, learn and play

Objective 2.3 Our City is connected through places and spaces

Strategy 2.3.2 Undertake land use planning in a socially, economically and environmentally responsive manner

Strategy 2.3.4 Facilitate the development of the built environment to meet community needs

Consultations Internal Nil

External Refer Background

Political Donations Disclosure Not Applicable

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Recommendation That Council:

1. Adopt the Shellharbour Local Housing Strategy.

2. Write to the Minister for Planning and Public Spaces advising of Council’sadoption of the Shellharbour Local Housing Strategy (SLHS) including itsposition on the Low Rise Medium Density Housing Code (LRMDHC), andits concern with Recommendation 12 of the Ryan report. The SLHSposition is that the LRMDHC:

a) Apply to existing LEP 2013 R3 Medium Density Residential zonedareas (with the exception of Shell Cove Boat harbour Precinct R3land) and any future R3 areas as identified in Map 1, 1a – 1c in theSLHS.

b) Not apply to LEP 2013 R2 Low Density Residential zoned areas.

c) Not apply to LEP 2000 2(e) Mixed Use zoned areas (Tullimbar). Aspart of current and future planning proposals to bring (deferred) LEP2000 2(e) Tullimbar lands into LEP 2013, the LRMDHC’s futureapplication may be supported on any lands that become R3 zoned.

d) Not apply to (SEPP (State Significant Precincts) 2005) R1 GeneralResidential zoned land at Calderwood. Any future application of theLRMDHC be resolved by the State Government as part of itsassessment of the applications to modify the Calderwood conceptapproval.

End Sec ti on

Approved for Council's consideration:

Date of Meeting: 17 December 2019

Attachments 1. Shellharbour Local Housing Strategy (issued under separate cover)2. Key issues raised and Council’s comment – Page 37

Geoff HoynesGroup Manager City Planning

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Attachment 2 – Key Issues raised and Council’s comment

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10.3.4 Endorsement of Draft Shellharbour Open Space and Recreation Needs Study and Strategy (11342114)

To the General Manager Directorate: Community and Customers Group: City Planning

Manager: Geoff Hoynes – Group Manager City Planning Author: Bernadette Sharpe – Recreation Planner

Summary The purpose of this report is to seek Council’s endorsement of the draft Shellharbour Open Space and Recreation Needs Study, Appendices and Strategy (Attachments 1, 2 and 3) and place them on public exhibition for a period of 42 days calling for submissions.

If any relevant submissions are received or if there are any substantial post exhibition changes as a result of public exhibition, a report be submitted to Council for consideration detailing the public exhibition outcomes and with further recommendations regarding adoption of the Study, Appendices and Strategy.

If there are no relevant submissions received and no substantial post exhibition changes as a result of public exhibition, Council adopt the Shellharbour Open Space and Recreational Needs Study, Appendices and Strategy.

The draft Shellharbour Open Space and Recreation Needs Study (the Study) and Strategy (the Strategy) have been prepared in response to a Council resolution dated 25 September 2018.

The preparation of the Study and Strategy has identified that Shellharbour LGA is in a favourable position in regards to open space and recreation (OSR) facilities and does not face any dire challenges or shortfalls in this respect over the next 10 years. With the provision of future open spaces identified for Calderwood, Shell Cove and Benson Basin, the study has revealed that Council has an adequate allocation of both active and passive open space to service the population up to 2030.

The Strategy identifies that over the next 10 years Council will need to consider or continue to improve on:

• Providing adequate resources to maintain quality standards of Councilsfacilities

• Providing better linkages of existing assets, facilities and for users• Adopting an inclusive approach to all OSR planning and design• Pursuing more shared-use / multi-use options

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• Investigating a local indoor heated pool combined with or without a leisurecentre; and

• Using best practice OSR planning, including in all growth areas.

Background On 25 September 2018, Council resolved to:

1. Receive and note responses to the resolutions 1 – 30 September 2014and 2 – 5 September 2017 as outlined in this report.

2. Prepare a masterplan for Reddall Reserve including an all-inclusiveplayground (to a citywide standard) and consult with relevant stakeholdersin this process.

3. Investigate the potential of providing an all-inclusive playground atMcDonald Park Tongarra Road Albion Park Rail.

4. Comprehensively review the community’s open space and recreationalneeds to focus on active open space, passive open space and aquatics inconsultation with community groups.

5. Prepare an Open Space and Recreation Strategy in consultation with thecommunity for the purpose of public exhibition.

6. Receive further specific reports on points 2, 3 and 5 of this resolution.

This report provides a response to part 4, 5 and part of 6 of this resolution.

Following a request for quote process, Council appointed the University of Technology Sydney Institute for Public Policy and Governance in January 2019 to assist with the preparation of an Open Space and Recreation Needs Study and Strategy.

The purpose of the Strategy is to guide Council’s decision making on open space and sport and recreation facilities including aquatics across the Shellharbour Local Government Area (LGA) for the 2020-2030 period. The Study contains the evidence that has shaped the Strategy.

The new Study and Strategy will replace Council’s 2010 Open space, Recreation and Community Facilities Needs Study which has guided the planning and development of open space, parks, sporting fields and community facilities over the last nine years.

The Study and Strategy focuses on:

• Active Open space• Passive Open space• Aquatics; and• Facilities that are directly associated with a recreational use

It is anticipated that a separate process will be undertaken to review Shellharbour’s Community Facilities that are not associated with a recreational use.

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The Strategy seeks to provide benefits to four key stakeholders – Community, Councillors, Customers and Council – to ensure Shellharbour’s open spaces and recreational facilities are well planned for into the future.

The Strategy has been developed within the context of the Shellharbour Integrated Planning and Reporting (IP&R) Framework, expanding upon commitments made in the Community Strategic Plan 2018-2028. The Strategy utilises the same quadruple bottom line agenda used across Council, namely to enhance the Community – Environment – Economy and Leadership and is designed to reflect each of Council’s core values – Collaboration – Accountability – Integrity – Respect and Sustainability.

Shellharbour Open Space and Recreation Needs Study and Appendices

The Study consists of a review of all of Council’s current and planned open space, sport, recreation and aquatics facilities as well as findings from a desktop policy and research review. The Study includes a review on industry-accepted benchmarks and populations ratios, and best practice open space and recreation planning. In addition, the Study includes the findings from a large community and stakeholder engagement program that occurred throughout the project that has been influential in shaping priorities and recommended actions in the Strategy.

The Study and Appendices provide the detail and the evidence that informed the development of the Strategy and the recommended actions within it.

Shellharbour Open Space and Recreation Needs Strategy

Informed by changing population needs and community expectations identified throughout the Study, the Strategy provides a blueprint for OSR planning up to 2030 and beyond.

The purpose of the Strategy is to guide how Council will plan, implement and manage current and future open spaces, sport, recreation, aquatics and associated community infrastructure. This is achieved through a planning framework comprising of six principles and seven directions to frame future OSR decision making at all levels of Council. All of the six principles identified in Table 1 are of equal importance.

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Table 1: Shellharbour Open Space and Recreation Strategy – Six Principles

1 Maximise the Shellharbour area’s strengths and positively contributes to the area

2 Contribute to the vibrancy and liveability of the area

3 Responsive to local demand and inclusive of diverse needs now and into the future

4 Safe and connected enabling a diversity of positive experiences

5 Promote access for people of all ages, abilities and interests, matched to a fair distribution of resources across the LGA

6 Sustainable, financially viable, and of good quality

The principles underpin seven Strategy directions identified in Table 2 that comprise of key focus areas for Council. Under the directions there are a set of draft recommended actions (approximately 50 in total) that have been identified as priorities based on the community engagement findings and other population and planning trends. The draft recommended actions are a mix of goals identified in the Community Strategic Plan and broader open space and recreation trends and policy inclusions.

Table 2: Shellharbour Open Space and Recreation Strategy – Seven Directions

1 Shape open spaces to encourage public recreation and relaxation 2 Ensure sports grounds and facilities support active participation

3 Improve access to aquatic facilities and activities

4 Encourage sustainable enjoyment of the natural environment

5 Activate open spaces and facilities to broaden public participation

6 Work in collaboration with stakeholders to achieve our Strategy

7 Provide effective management, maintenance, and monitoring

In order to know the Strategy is on track, monitoring and reporting mechanisms have been developed, including a set of success measures to adequately review and assess the success of the Strategy. The success measures are based on looking how each action has adequately met the six key principles.

Community Engagement Program

As with all council projects, Council has a strong commitment to community and stakeholder engagement and participation with the OSR project being no exception. The extensive range of activities that are part of the community engagement program are set out in Table 3 below. The core focus of the engagement activities was to:

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a) Understand current use and attitudes to open space and recreational facilities;and

b) Identify areas for improvement and future needs.

Table 3: Shellharbour Open Space and Recreation Project – Community Engagement Program

Method Date Purpose

External Engagement

Ideas Lounge May 2019 Council convened two drop-in sessions at the Civic Centre for the public to raise any issues or provide ideas to feed into the current OSR planning process.

Youth Council May 2019 Council consulted with four members of Shellharbour Youth Council to discuss the OSR priorities of youth in the LGA.

Users Survey May-June 2019

51 responses were received to a Council survey of current users of Council’s sportsfields, courts, aquatic and recreation facilities, including local sporting clubs, associations and schools. The survey gathered demographics on current users of facilities, whether numbers were increasing or decreasing, as well as any challenges users currently face.

Stakeholder Interviews

June 2019 12 one-on-one interviews were conducted with key stakeholders including government agencies, local service providers, and sporting/ recreation associations. These 45 minute- one hour semi-structured interviews gathered evidence in relation to past and existing use of facilities and participation in sports.

Telephone Survey

Aug 2019 401 respondents participated in the random dial CATI (Computer Assisted Telephone Interviewing) telephone survey (each approximately 10 minutes long). These participants were selected using demographic quotas representative of the LGA. Respondents were asked about their current use of OSR facilities, and also about their satisfaction levels, current needs and future expectations.

Online Survey Aug-Sept 2019

96 responses were received to an online survey hosted on Council’s ‘Let’s Chat’ webpage. The survey contained the same questions used in the telephone survey.

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Method Date Purpose Community And Stakeholder Workshop

14 Nov 2019 Five community members attended the two hour workshop widely promoted through Council networks. The workshop was designed to seek feedback on the proposed OSR Strategy outline, principles and directions, as well as identify potential OSR priorities and actions to be taken forward.

Aquatic Working Group

Ongoing Participation and gathering of feedback from Council’s regular discussions with community representatives regarding the current use of swimming pools and investigation of future needs.

Public Exhibition

Proposed January-

February 2020

The final draft Study and draft Strategy will be placed on exhibition in early 2020 for 42 days. It is anticipated that community feedback will be sought via the Let’s Chat platform. UTS will be provided with all results for further analysis.

Internal Engagement

Shellharbour Council OSR Working Group

9 April 2019 Two hour workshop with key internal Council staff to introduce the open space working group to the project

1 Oct 2019 Two hour workshop to present the key findings arising from the UTS OSR community engagement methodology and gather staff’s feedback

26 November 2019

Two hour workshop to discuss the Draft UTS OSR Needs Study and proposed Strategy and gather final feedback.

Councillor Briefings

16 April 2019 One hour workshop to introduce the UTS OSR Needs Study and Strategy approach and to gather early advice on the engagement process and other aspects of the brief

1 Oct 2019 One hour workshop to present the key findings arising from the UTS OSR community engagement methodology and gather the Councillor’s feedback.

26 November 2019

One hour workshop to discuss the Draft UTS OSR Needs Study and proposed Strategy

Staff Feedback Ongoing Regular document exchanges and discussions with key Council staff regarding the history and future planning regarding OSR across the LGA.

If Council adopts the recommendations in this report, the final phase of community engagement will be the public exhibition of the draft documents in early 2020.

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Notices will be placed on Council’s website and social media advising that the document will be on public exhibition. Notices will be placed in the local Advertiser newspaper two times during the exhibition period and in addition, key stakeholders who have been part of the extensive community consultation program will be notified of the public exhibition.

Financial / Resources Implications

This is a strategy that will be implemented over 10 years and the financial implications will be considered through the IP&R framework which includes the delivery program, operational plan and long term financial plan.

While no council budgets have been allocated to the recommended actions in the Strategy this will be considered through the life of the plan and the review and preparation of the delivery program, operational plan and long term financial plan.

Funding of the recommended actions could come from a number of sources such as grants, development contributions and general revenue.

Legal and Policy implications

No legal implications.

Over the life of the Strategy, existing and future policy directions for aquatic facilities, sporting facilities, open space allocation and a range of recreational needs will be reviewed and prepared. For example, draft recommended actions in the Strategy include a review of the current Sportsground User Policy and preparation of a Shellharbour Play Strategy.

Public / Social Impact

Public open space and recreation facilities provide significant benefits to the community including protecting biodiversity, improving psychological health and wellbeing, improving physical fitness, facilitating social interaction and cohesion, promoting community pride and enhancing child development through play. Open space also provides a location for participation in civic life.

The importance and value of open space is likely to increase over time as a result of emerging pressures of population growth, demographic change, urbanisation and climate change. Urban change means access to private open space may alter over time.

The OSR project has further enhanced Council’s current understanding of the importance of public open space and recreation facilities and its role in supporting residents to have the opportunity to remain active, healthy, connected and relaxed across the Shellharbour LGA.

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Link to Community Strategic Plan

This report supports the following objectives and strategies of the Community Strategic Plan:

Objective: 1.2 Our City is Active and healthy

Strategy: 1.2.2 Provide access to services and facilities where people can live, learn and play.

Objective: 1.2 Our City is Active and healthy

Strategy: 1.2.2 Provide diverse opportunities for sport, recreation and enjoyment in the City’s parks, open spaces and facilities.

Consultations Internal A key component of the project was the establishment of a working group consisting of relevant Council staff who are directly involved with open space and recreational facilities as part of their roles. There have been in excess of 25 indoor and outdoor staff across the three directorates (Community and Customers, Amenity and Assets and Council Sustainability) who have been consulted throughout the life of the project.

External A range of consultation activities were undertaken to enable the community to provide their input and feedback that informed the Study and Strategy. See Table 3.

Political Donations Disclosure Not Applicable

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Recommendation That:

1. Council endorse the draft Shellharbour Open Space and RecreationNeeds Study, Appendices and Strategy to be placed on public exhibitionfor a period of 42 days calling for submissions.

2. If any relevant submissions are received as a result of public exhibition, areport be submitted to Council for consideration detailing the publicexhibition outcomes and with further recommendations regardingadoption.

3. If there are no relevant submissions received as a result of the publicexhibition and there are no substantial post public exhibition changesproposed for any other reasons, Council adopt the draft ShellharbourOpen Space and Recreation Needs Study, Appendices and Strategy asattached to this report.

nd Se cti on

Approved for Council's consideration:

Date of Meeting: 17 December 2019

Attachments 1. Draft Shellharbour Open Space and Recreation Needs Study (Under Separate

Cover) 2. Draft Shellharbour Open Space and Recreation Needs Study Appendices

(Under Separate Cover) 3. Draft Shellharbour Open Space and Recreation Needs Strategy (Under

Separate Cover)

Geoff HoynesGroup Manager City Planning

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10.4 Amenity and Assets Directorate

10.4.1 Tender 2019/87 Morley Park and Stoney Range Pony Club Building Refurbishments - Design and Construction (11342681)

To the General Manager Directorate: Amenity and Assets Group: Asset Strategy

Manager: Wayde Peterson – Group Manager Asset Strategy Author: Eray Erkilic – Project Delivery Officer

Summary The purpose of this report is to inform Council of the tender process for Contract 2019/87 for the Amenities refurbishment works at Morley Park and Stoney Range Pony Club and to seek a resolution to award contract 2019/87 to Tenderer “A”. Additionally, it is recommended that Council authorises the General Manager or his delegate to sign the Letter of Award and execute the contract, variations and associated documents.

In accordance with Section 10A (2)(d)(i) of the Local Government Act 1993, some information will remain confidential as it would, if disclosed, prejudice the commercial position of the person who supplied it. This information is supplied in a separate confidential attachment (Attachment 1).

Background The works required to bring Morley Park and Stoney Range amenities buildings to an acceptable level of service involve renewal of the roof, accessibility footpaths, ambulant and accessible bathrooms, internal and external enhancement works, and refurbishment works to both the facilities.

The Morley Park and Stoney Range Building Refurbishment works package was advertised on Tuesday 15 October 2019 via open tender. The request for open tenders closed at 10am on Tuesday 12 November 2019.

Two tender submissions were received and reviewed by the Tender Assessment Panel (TAP) in accordance with Council’s Procurement Policies and Procedures.

Two tender submissions were received from the companies listed in Table 1 below:

Table 1: Tenderers for Renewal Works at Morley Park and Stoney Range Pony Club

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Received Tenders

Warrane Pty Ltd

Sullivans Constructions

The TAP included representatives from the Project and Procurement teams.

The following confidential information relating to the assessment of tenders is within Attachment 1:

1. Non-Conforming Tenders2. Final Ranking of Tenders3. Financial Capacity Assessment4. Detailed breakdown of budget and cost

The TAP reviewed the submitted tenders and determined the preferred contractor, Tenderer “A”, was the highest ranked overall and was considered value for money, as outlined in Attachment 1.

The preferred contractor, Tenderer “A” has satisfied the TAP that it is capable of undertaking the works. It is recommended that the Council accept the tender and award the contract.

Alternatively, under Clause 178(3) of the Local Government (General) Regulations 2005, Council can decide not to accept any of the supplied tenders and therefore must, by resolution do one of the following:

a. Postpone or cancel the proposal for the contract.b. Invite fresh tenders based on the same or different details.c. Invite fresh applications from persons interested in tendering for the proposed

contract.d. Invite fresh applications from persons interested in tendering for contracts of

the same kind as the proposed contract.e. Enter into negotiations with any person (whether or not the person was a

tenderer) with a view to entering into a contract in relation to the subject matterof the tender.

f. Carry out the requirements of the proposed contract itself.

If Council resolves to enter into negotiations, the resolution must state:

a. The Council’s reasons for declining to invite fresh tenders.b. The Council’s reasons for determining to enter into negotiations.

The contractor name and the contract sum will be made public through the contract register, if Council resolves to accept the preferred Tenderer ‘A’. Council may also provide a consequential motion at this meeting including the contractor name and contract sum, as provided in Attachment 1.

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Financial / Resources Implications

The contract sum, if accepted is within the 2019/20 Operational Plan budget allocation of $2.078M for all capital improvements to sports field amenities. There is asbestos containing materials identified in both of the existing amenities buildings. The cost of legal removal and disposal of the asbestos materials has been included in the tender scope of works. Geotechnical investigations conducted have not identified asbestos materials beneath the ground at either of these facilities.

Legal and Policy implications

The scope of works proposed to be completed under the contract are to be carried out under provisions made in the State Environment Planning Policy (Infrastructure) 2007 (iSEPP). The iSEPP permits development for the purpose of renewal, including alterations or additions to existing amenities to be carried out by or on behalf of a public authority without consent.

Public / Social Impact

This project will include the renewal of Morley Park and Stoney Range Pony Club amenities buildings and further improve the functionality and aesthetics of both facilities.

Morley Park Amenities is currently being utilised by the Warilla Wanderers Junior Soccer Club, the Lake Illawarra Cricket Club and the Illawarra Churches Soccer Association. The Stoney Range Pony club is currently being utilised by the South Coast Equestrian Club. It is likely that the construction of the new amenities buildings will negatively impact these user groups. Council staff will continue to work with the successful contractor and the user groups to minimise these impacts where possible.

Link to Community Strategic Plan

This report supports the following objectives and strategies of the Community Strategic Plan:

Objective: 3.1 Plans, builds and manages infrastructure for the community.

Strategy: 3.1.1 Provide the community with a range of infrastructure delivered in a sustainable manner.

Strategy: 3.1.2 Maintain the City’s assets to meet community needs and the delivery of services.

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Consultations Internal Manager Procurement and Supply Manager Projects

External Illion Direct (financial auditor)

Political Donations Disclosure Not applicable

Recommendation That:

1. In accordance with Clause 178 of the Local Government (General)Regulation (2005), Council accept the tender offer for the contract 2019/87from Tenderer “A” for the Morley Park and Stoney Range Pony ClubRefurbishments.

2. Council Authorise the General Manager or his nominated delegate to signthe Letter of Award and execute the contract, variations and associateddocuments.

3. In accordance with the Government Information (Public Access) Act 2009that the name of the successful contractor and amount payable under thecontract be added to the contracts register.

End Sec ti on

Approved for Council's consideration:

Date of Meeting: 17 December 2019

Attachments 1. Confidential Memo – Summary of Tender Assessment 2019/87 Morley Park and

Stoney Range Pony Club Building Refurbishment – Design and Construction (Issued under separate cover)

Wayde PetersonGroup Manager Asset Strategy

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10.4.2 Review of Elliot Lake - Little Lake Floodplain Risk Management Grant Acceptance (11343361)

To the General Manager Directorate: Amenity and Assets Group: Design

Manager: Ben Stewart – Director Amenity and Assets Author: Adam De Clouett – Acting Group Manager Design

Summary The purpose of this report is to seek Council’s acceptance of a grant offer and provide in principle support for allocating matching funds to undertake a review of the Elliot Lake – Little Lake Floodplain Risk Management Study and Plan 2016. The NSW Department of Planning, Industry and Environment (DPIE) has offered Council a grant of up to $160,000 to undertake a review of the Floodplain Risk Management Study and Plan requiring a funding contribution by Council.

Background Council is required to manage all flood prone land in accordance with the NSW Government’s Flood Prone Land Policy and Floodplain Development Manual (2005). The legal indemnity provided to Council under the Local Government Act (1993) for actions taken and decisions made with respect to flooding is reliant upon compliance with the Manual. The Manual identifies a 4-step process for the management of flood prone land:

1. Flood Study – Determines the nature and extent of the flood problem.

2. Floodplain Risk Management Study – Evaluates management options for thefloodplain in respect of both existing and proposed development.

3. Floodplain Risk Management Plan – Involves formal adoption by Council of aplan of management for the floodplain.

4. Implementation of the Plan – Construction of flood mitigation works to protectexisting development. Use of Local Environment Plans to ensure newdevelopment is compatible with the flood hazard.

Council adopted the Elliot Lake – Little Lake Floodplain Risk Management Study and Plan in 2016. Since this time, a new edition of Australian Rainfall and Runoff (AR&R) has been published by Geoscience Australia that incorporates new design flood estimation techniques based on improved engineering science.

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The changes and improvements made to flood estimation techniques as a result of this new edition of AR&R may have implications on the various flood modelling parameters adopted as part of the 2016 study, which may affect the flood levels, extents and other flood risk characteristics adopted as part of the 2016 study.

Shellharbour City Council has been offered up to $160,000 to undertake a review of the Elliot Lake – Little Lake Floodplain Risk Management Study and Plan. The grant funding is based on a 2:1 funding agreement, where the NSW Department of Planning, Industry and Environment will provide $2 for every $1 contributed by Council.

The review of the Elliot Lake – Little Lake Floodplain Risk Management Study adopted by Council in 2016 will involve updating the design flood estimation methods in accordance with the recently released AR&R. The funding will also be used to update the hydraulic model with a more contemporary and widely accepted modelling computer program. The review will include consideration of the various flood mitigation concepts and flood risk management options investigated as part of the 2016 study and make recommendations for inclusion in the Floodplain Risk Management Plan.

Funding can be made available to match the grant offer from revenue received from the Stormwater Management Service Charge. The funding term is approximately three years and the funding completion date is 28 February 2023.

In addition, Council was successful in gaining access to DPIE’s Voluntary Purchase pool for the Horsley Creek Voluntary House Purchase scheme adopted as part of the Horsley Creek Floodplain Risk Management Plan. Council had previously been granted access to this funding scheme, however was advised by DPIE that access had been temporarily suspended due to a significant uptake of grants from this pool elsewhere within the state.

Financial / Resources Implications

Council will be required to match funding as per the funding agreement. In this regard, the state government will provide $2 for every $1 contributed by Council. Council’s contribution toward the grant will be confirmed by Council via the annual budget process and through adoption of the 2020/2021 Operational Plan. Council’s commitment will be approximately $80,000 over a three year period.

Legal and Policy implications

Council has a statutory responsibility for land use planning and management under the Environmental Planning and Assessment Act 1979. Council’s planning responsibilities include management of flood prone land in accordance with its flood susceptibility. Council’s policies are required to be consistent with state planning policy which in respect to flooding is outlined in the NSW Government’s Floodplain Development Manual 2005.

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The NSW Department of Planning, Industry and Environment (DPIE) is the agency responsible for coordinating floodplain management funds for the NSW Government. Relative priorities across the state are assessed and funds are allocated to assist Councils in the preparation of Floodplain Risk Management Plans and the implementation of these plans in accordance with the NSW Government Flood Prone Land Policy.

The review of the Elliot Lake – Little Lake Floodplain Risk Management Study and Plan will be undertaken in a manner consistent with the NSW Flood Prone Land Policy and the NSW Floodplain Management Process.

Public / Social Impact

Implementation of the Elliot Lake – Little Lake Floodplain Risk Management Study and Plan will enable Council to satisfy the objectives of the NSW Government’s Flood Prone Land Policy and Floodplain Risk Management Process as outlined in the Floodplain Development Manual 2005. This is to reduce the impact of flooding and flood liability on individual owners and occupiers of flood prone land and to reduce private and public losses resulting from floods. The community will benefit from improved flood planning into the future and opportunities to potentially mitigate flood impacts across the study area.

Link to Community Strategic Plan

This report supports the following objectives and strategies of the Community Strategic Plan:

Objective: 4.2 Supported by a Council that is responsive, accountable and financially viable.

Strategy: 4.2.5 Minimise risk, ensure continuity of critical business functions and assist in the delivery of service for emergency events including flooding, coastal/oceanic, bushfire and other events.

Consultations Internal Shaun Robinson – Acting Asset Planning Manager Finance

External Nil

Political Donations Disclosure Not Applicable

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Recommendation That Council accept the NSW Government’s funding offer of up to $160,000 towards the Council’s Floodplain Risk Management Program, to undertake a review of the Elliot Lake – Little Lake Floodplain Risk Management Study and Plan. End Sec ti on

Approved for Council's consideration:

Date of Meeting: 17 December 2019

Attachments Nil

Ben StewartDirector Amenity and Assets

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11. Committee Recommendations

11.1 Recommendations from the Disability Access and Inclusion Advisory Committee Meeting held 13 November 2019 recommended for adoption.

That the Recommendations from the Disability Access and Inclusion Advisory Committee Meeting held 13 November 2019 be adopted.

11.2 Recommendations from the Traffic Committee Meeting held 4 December 2019 recommended for adoption.

That the Recommendations from the Traffic Committee Meeting held 4 December 2019 be adopted.

12. Items for Information

12.1 Item for Information: Lease Agreements – Airspace at 33 Wentworth Street, Shellharbour and 23 Addison Street, Shellharbour (11332439)

At the Ordinary Council Meeting on 29 October 2019 it was resolved:

That:

1. Council enter lease agreements for the lease of airspaces at 33 WentworthStreet, Shellharbour and 23 Addison Street, Shellharbour.

2. That the lessees be responsible for the costs associated with the preparation,lodgement and other costs, including legal fees, for the leases.

3. That the Mayor and General Manager, or his nominated delegate, beauthorised to negotiate, enter into and sign any documentation, includingaffixing of the Seal of Council, associated with the leasing of airspace relatedto properties at 33 Wentworth Street, Shellharbour and 23 Addison Street,Shellharbour.

In addition, the General Manager undertook to make this information available publicly once the leases were executed.

Shellharbour City Council has entered into the below leases associated with this matter:

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33 Wentworth Street Shellharbour Lessee: Mark Warren Helson and Joanne Helson Lease Term: 99 years Rental: $1,890.00 (excluding GST) per annum Rental review dates and methods: annually on each anniversary of the commencement

date by reference to the consumer price index (CPI); and every 5th year of the term by current market review.

23 Addison Street Shellharbour Lessee: Addison Street Developments Pty Limited Lease Term: 99 years Rental: $3,465.00 (excluding GST) per annum Rental review dates and methods: annually on each anniversary of the commencement

date by reference to the consumer price index (CPI); and every 5th year of the term by current market review.

The lease details will be included in Council’s Land Register that is available on Council’s website when the Register is next updated. The Land Register is updated approximately every two months.

Responsible Manager: Trevor James Manager Business and Investment

Date of Meeting: 17 December 2019

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12.2 Items for Information: Response to Questions Taken on Notice (11332649)

12.2.1 Question Taken on Notice

Council Meeting 23 May 2017 – Item 10.2.5 Illawarra Regional Airport – Lot 6 DP 1092398 – Illawarra Hangar Pty Limited – Agreement for Lease, Construction Agreement and Lease (108763242)

Councillor Moran referred to information contained in the confidential report and asked will the figures be publicly released after contracts have been entered into? The General Manager took the Question on Notice.

Response

The lease documentation between Shellharbour City Council and Illawarra Hangar Pty Limited has been executed and the lease details will be included in Council’s Land Register that is available on Council’s website when the Register is next updated. The Land Register is updated approximately every two months.

The lease details are:

Lessee: Illawarra Hangar Pty Limited Lease Term: 25 year term Rental: $15,000 (exclusive of GST) per annum Rental review dates and methods:An annual rent review with the application of the

Consumer Price Index (CPI) on each anniversary of the commencement date.

Responsible Manager: Trevor James Manager Business and Investment

Date of Meeting: 17 December 2019

12.2.2 Questions Taken on Notice

Council Meeting 11 June 2019 – Item 16.1 Council’s Water Saving Measures

Councillor Marsh asked ‘in this drought period what water saving measures has Council put in place?’ The General Manager took the Question on Notice.

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Response

General Water Saving actions

Council has implemented various measures to save on water usage across the organisation that demonstrate leadership within the community by reducing the reliance on drinking water during the drought. Some of these measures include:

• Council’s 8 largest water consuming sites have individual smart water metersinstalled that allows water use to be monitored in 15 minute intervals. The datarecorded by all the smart meters can be viewed via the online platform,enabling close monitoring for leaks and irregular use which ensures efficiencyof use and action to reduced water loss. Staff have also commenced a reviewof other water meters to look at usage patterns at a higher level across thenetwork.

• Irrigation systems on sports fields are remotely monitored and are adjusted toensure the most efficient irrigation regimes are implemented. The systems arecontrolled to turn off during rain or wet periods, and not used in the middle ofthe day when evaporation levels are high.

• Wash bay in the Oak Flats depot uses rain water from a tank with thecatchment the workshop roof.

• At the plant nursery we have a reclaimed water system that captures run offand infiltration from the site from irrigation and returns it into the irrigationsystem

• Garden watering throughout the City is undertaken primarily from the licencedMyimbarr pumping station that captures stormwater (not drinking water) fromFlinders and Blackbutt residential catchment areas, the water for gardens istransported in trailer mounted water tanks

• Civic Centre has many water efficient design elements, including an 80,000Lrain water tank which services the toilets and garden irrigation, there is also awater efficient sensor controls for amenities and other smart design features.

• Links Shell Cove utilises on site water storage systems for irrigation purposesof the golf course, gardens and landscape areas. This includes the recentconstruction of 4 additional water storages to capture stormwater run-off fromresidential areas, these facilities have increased the holding capacity by 80%.An additional holding facility is planned in the 2020/21 budget year.

• Oak Flats 25m heated pool has had a blanket installed to assist in reducingwater and heat loss.

Staff are continually investigating long and short term measures to reduce the Council facilities water consumption looking at water efficiencies in our facilities. It should also be noted that the drought conditions have impacted the volume of water available in Council’s water storage network.

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Response to Water Restrictions

With the introduction of Level 1 water restrictions by Sydney Water in June 2019, Council reduced its water consumption under these restrictions and managed approved exemptions.

Sydney Water have advised Council of the implementation of Level 2 water restrictions on 10 December 2019. Advice has been provided by Sydney Water that the Level 1 restrictions and our approved exemptions will remain in place, while the Level 2 exemptions are processed. This process includes providing details of our type and volume of usage, consideration of where exemptions will apply and advice on what water usage will not be eligible for exemption. It is currently estimated by Sydney Water that this process will be completed in January 2020.

The level 2 water restrictions are anticipated to have further impacts on Council operations: • Sports fields - watering of Council’s sports fields will be limited.

Exemptions have been requested to maintain sports fields and playingsurfaces. Sydney Water will consider each site application individually andpermit conditions will apply.Individual sports clubs that undertake watering of sports fields, such as cricketwickets or leased areas will need to apply for exemptions. Council hascommunicated this information to clubs and will assist in the process.The drought will continue to have a significant impact on the grass cover andcondition of the sports fields and clubs will need to consider these conditions intheir risk assessment in determining if the fields are safe to play.

• On site rain water storage – where the water storage is empty and then toppedup from Sydney Water, the restrictions will apply

• Water features – Level 2 water restrictions state that drinking water cannot beused to fill or top up new or existing ponds, lake, fountains or other waterfeatures. Exemptions can be applied for where the pond or lake sustainsaquatic life or birds, is heritage-listed or could be damaged by being turned offfor long periods. Staff are currently reviewing water features and consideringthe implications.

• Cleaning of Hard surfaces – The use of sweeping or high pressure gurneys willbe used where possible. In some circumstances such as amenities cleaning orfor public health and safety, hand held hose use will continue although belimited.

• Public taps – Council will review accessibility to public taps and boat washdown locations and where appropriate install vandal proof systems to reduceunauthorised access. Council will also install spring loaded taps in some highuse locations.

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• Other Exemptions – Council will seek exemptions from Sydney Water tocontinue the use of watering at other Council facilities including Council’sNursery, pools, stand pipes and mobile water tanks.

Council will continue to work with Sydney Water to implement changes to water restriction levels and share water saving messages through our communication with the community.

Responsible Manager: Rosemary Crowhurst Group Manager Services

Date of Meeting: 17 December 2019

12.2.3 Question Taken on Notice

Council Meeting 19 November 2019 – Item 10.1.5 First Quarter Review of the Delivery Program and Operational Plan 2019/20 (11328925)

Councillor Marsh asked if there has been any changes to income for the airport during this quarter. The General Manager took the Question on Notice.

Response

The airport income is in line with forecasted expectations.

Council is unable to provide further detail or breakdown in this account due to a confidentiality clause contained in the Airline Services Agreement.

Responsible Manager: Marcello Chiodo Acting Director Council Sustainability

Date of Meeting: 17 December 2019

12.2.4 Question Taken on Notice

Extraordinary Council Meeting 3 December 2019 – Item 5.1 Notice of Motion submitted by Clrs Kellie Marsh and Peter Moran: Fireworks Display at the Carols by Candlelight event on 6 December 2019 (11340603)

Councillor Murray asked for clarification on how much Council contributes to the running costs of the Rural Fire Service. The General Manager took the Question on Notice.

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Response

Shellharbour Councils contribution to the NSW Rural Fire Service for 2019/20 is approximately $265,000.

Responsible Manager: Ben Stewart Director Amenity and Assets

Date of Meeting: 17 December 2019

12.2.5 Question Taken on Notice

Extraordinary Council Meeting 3 December 2019 – Item 5.1 Notice of Motion submitted by Clrs Kellie Marsh and Peter Moran: Fireworks Display at the Carols by Candlelight event on 6 December 2019 (11340603)

Councillor Marsh asked how much money is allocated annually for the Shellharbour Financial Donations Working Party to give out to community organisations each year. The General Manager took the Question on Notice.

Response

The financial assistance budget for 2019/20 is $22,948.50. This is made up of a $20,000 budget plus a carryover from 2018/19 of $2,948.50.

Responsible Manager: Kathryn Baget-Juleff Group Manager Community Connections

Date of Meeting: 17 December 2019

13. Notices of Rescission/Alteration Motions

Nil

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14. Notices of Motion

14.1 Notice of Motion submitted by Cr Kellie Marsh: CCTV and Lighting at Shellharbour Skate Park (11337645)

Notice of Motion:

That Council:

1. Include an allowance in the draft 2020/2021 budget of $165,000 for CCTV and lightingto be provided at Shellharbour Skate Park.

2. Allocate $13,450 to the annual maintenance, power and depreciation of the CCTV andlighting in the draft 2020/21 budget and annually thereafter, subject to furtherresolution of Council in respect of future Operational Plans.

Cr Kellie Marsh

Date of Meeting: 17 December 2019

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14.2 Notice of Motion submitted by Cr Peter Moran: Displays of laser lights or noiseless fireworks (11343358)

Notice of Motion:

That Council officers prepare a report on the possibility of having, at future Carols by Candlelight events, displays of either laser lights or noiseless fireworks or both. Such a report shall include potential minimum costs of such displays, how the displays could be run, any special requirements for running such an event, effectiveness of the displays and any feedback from other LGA’s which hold similar displays.

Date of Meeting: 17 December 2019

Cr Peter Moran

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15. Questions on Notice (must be submitted in writing)

16. Urgent Business

17. Confidential Business (Committee of the Whole in Closed Session)

17.1 Verbal Report - Confidential legal advice regarding action taken by the General Manager (11344018)

18. Committee of the Whole in Closed Session (Closed to the Public):Adjournment

19. Committee of the Whole in Closed Session: Consideration of Adoption ofDecisions Reached in Closed Session

20. Consideration of Motions to Declassify Reports Considered in ClosedSession