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SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 4 July 2017 Business Paper Page 1 AGENDA 1. Acknowledgement to Country ......................................................................... 3 2. Confirmation of Minutes ................................................................................... 3 2.1 Ordinary Meeting 13 June 2017 .........................................................................................3 3. Apologies / Leave of Absence ......................................................................... 4 4. Confidential Business (Committee of the Whole) .......................................... 4 4.1 Leases - Part Lot 129 Dunmore Road Shell Cove (10880986).........................................4 4.2 Shellharbour Civic Centre Cafe (10893910) .....................................................................5 4.3 Regular Passenger Transport (10896801) ........................................................................5 5. Declarations of Interest .................................................................................... 6 6. Condolences...................................................................................................... 6 7. Mayor’s Statements / Reports / Presentations ............................................... 6 8. Mayoral Minutes ................................................................................................ 6 9. Councillors' Reports ......................................................................................... 6 10. Reports .............................................................................................................. 6 10.1 General Manager ............................................................................................... 6 10.2 Council Sustainability Directorate ................................................................... 7 10.2.1 Tender 2015-050 Provision of Banking and Bill Payment Services (10893220) .........................................................................................................................7 10.2.2 Monthly Investment Report - May 2017 (10896382) .......................................................10 10.2.3 Shell Cove: Precinct B1/C1 Variation of Lot Easements and Restrictions (10889338) .......................................................................................................................15 10.3 Community and Customers Directorate ....................................................... 18 10.3.1 Shellharbour Local Environmental Plan 2013 Planning Proposal No. 3/2016 - Lot 2, DP 1144885, 1 Piper Road, Dunmore - Shellharbour Anglican College Site - Deferred Land (10890473) ........................................................................18 10.4 Amenity and Assets Directorate .................................................................... 26 10.4.1 Tender 2017/55 Beverley Whitfield Pool Plant Upgrades (10882841).............................26 10.4.2 Request for Additional Funds - Dunmore Resource Recovery Redevelopment (R3 Project) (10896493).........................................................................29 11. Committee Recommendations....................................................................... 38 11.1 Recommendations from the Traffic Committee Meeting held 7 June 2017 recommended for adoption...............................................................................................38 This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 4 July 2017

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Page 1: AGENDA - Shellharbour Councilcdn.shellharbour.nsw.gov.au/sites/default/files/Meetings/2017-07-04-ordinary...Jul 04, 2017  · (iii) reveal a trade secret, (e) information that would,

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 4 July 2017 Business Paper Page 1

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

2. Confirmation of Minutes ................................................................................... 3

2.1 Ordinary Meeting 13 June 2017 ......................................................................................... 3

3. Apologies / Leave of Absence ......................................................................... 4

4. Confidential Business (Committee of the Whole) .......................................... 4

4.1 Leases - Part Lot 129 Dunmore Road Shell Cove (10880986) ......................................... 4 4.2 Shellharbour Civic Centre Cafe (10893910) ..................................................................... 5 4.3 Regular Passenger Transport (10896801) ........................................................................ 5

5. Declarations of Interest .................................................................................... 6

6. Condolences ...................................................................................................... 6

7. Mayor’s Statements / Reports / Presentations ............................................... 6

8. Mayoral Minutes ................................................................................................ 6

9. Councillors' Reports ......................................................................................... 6

10. Reports .............................................................................................................. 6

10.1 General Manager ............................................................................................... 6

10.2 Council Sustainability Directorate ................................................................... 7

10.2.1 Tender 2015-050 Provision of Banking and Bill Payment Services (10893220) ......................................................................................................................... 7

10.2.2 Monthly Investment Report - May 2017 (10896382) .......................................................10 10.2.3 Shell Cove: Precinct B1/C1 Variation of Lot Easements and Restrictions

(10889338) .......................................................................................................................15

10.3 Community and Customers Directorate ....................................................... 18

10.3.1 Shellharbour Local Environmental Plan 2013 Planning Proposal No. 3/2016 - Lot 2, DP 1144885, 1 Piper Road, Dunmore - Shellharbour Anglican College Site - Deferred Land (10890473) ........................................................................18

10.4 Amenity and Assets Directorate .................................................................... 26

10.4.1 Tender 2017/55 Beverley Whitfield Pool Plant Upgrades (10882841).............................26 10.4.2 Request for Additional Funds - Dunmore Resource Recovery

Redevelopment (R3 Project) (10896493) .........................................................................29

11. Committee Recommendations ....................................................................... 38

11.1 Recommendations from the Traffic Committee Meeting held 7 June 2017 recommended for adoption. ..............................................................................................38

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 4 July 2017

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12. Items for Information ...................................................................................... 38

12.1 Wings Over Illawarra (10896576) .....................................................................................38

13. Notices of Rescission/Alteration Motions..................................................... 41

14. Notices of Motion ............................................................................................ 41

14.1 Notice of Motion submitted Cr Kellie Marsh: Ski Way Park Boat Ramp (10886547) .......................................................................................................................41

14.2 Notice of Motion submitted by Cr Kellie Marsh: Oak Flats Pool (10894405) ...................42 14.3 Notice of Motion submitted by Cr John Murray: Illawarra ITEC (Inc) Board

(10899240) .......................................................................................................................43

15. Questions on Notice (must be submitted in writing) ................................... 44

15.1 Question on Notice submitted by Cr Peter Moran: Development Applications (10894866) ...................................................................................................44

15.2 Question on Notice submitted by Cr Peter Moran: Section 94 Funds (10895343) .......................................................................................................................44

16. Urgent Business .............................................................................................. 45

17. Committee of the Whole in Closed Session: Adjournment ......................... 45

18. Committee of the Whole: Consideration of Adoption of Decisions Reached in Closed Session ........................................................ 45

19. Consideration of Motions to Declassify Reports Considered in Closed Session .............................................................................................. 45

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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 and present. 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. 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 please 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. It should be noted that the Addresses to Council Forum is held prior to the Council Meeting from 4.30pm to 5.30pm. 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. Confirmation of Minutes

2.1 Ordinary Meeting 13 June 2017

That the Minutes of the Ordinary Council Meeting held on 13 June 2017 as circulated be taken as read and confirmed as a correct record of proceedings.

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3. Apologies / Leave of Absence

4. Confidential Business (Committee of the Whole)

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public. Set out below is Section 10A(2) of the Local Government Act 1993, in relation to Confidential Business: 10A(2) Which parts of a meeting can be closed to the public? The

matters and information are the following: (a) personnel matters concerning particular individuals, (b) the personal hardship of any resident or ratepayer, (c) information that would, if disclosed, confer a commercial advantage on a

person with whom the council is conducting (or proposes to conduct) business, (d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret,

(e) information that would, if disclosed, prejudice the maintenance of law, (f) matters affecting the security of the council, councillors, council staff or council

property, (g) advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the grounds of legal professional privilege, (h) information concerning the nature and location of a place or an item of

Aboriginal significance on community land, (i) alleged contraventions of any code of conduct requirements applicable under

section 440. CONFIDENTIAL ITEMS

4.1 Leases - Part Lot 129 Dunmore Road Shell Cove (10880986)

Reason for Confidentiality This item is classified CONFIDENTIAL under the provisions of Section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (c) information that would, if disclosed, confer a commercial advantage on a person with

whom the council is conducting (or proposes to conduct) business

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The consideration of this information must be conducted in confidential session, to enable candid debate of commercial details without prejudicing the Council’s commercial interest and if discussed in open meeting would be contrary to the public interest.

4.2 Shellharbour Civic Centre Cafe (10893910)

Reason for Confidentiality This item is classified CONFIDENTIAL under the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (d) commercial information of a confidential nature that would if disclosed:

(i) prejudice the commercial position of the person who supplied it Council will consider confidential information relating to financials and concept ideas of operators who expressed an interest in the licence of the Civic Centre Café, Shellharbour City Centre. The consideration of this information must be conducted in confidential session, to enable candid debate of commercial details without prejudicing the Council’s commercial position of the operators.

4.3 Regular Passenger Transport (10896801)

Reason for Confidentiality This item is classified CONFIDENTIAL under the provisions of Section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: (c) information that would, if disclosed, confer a commercial advantage on a person with

whom the council is conducting (or proposes to conduct) business The information provided in this report outlines commercial conversations and financial positions that are of confidential nature and would compromise both current and future negotiated business outcomes.

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5. Declarations 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. Mayor’s Statements / Reports / Presentations

8. Mayoral Minutes

Nil

9. Councillors' Reports

Nil

10. Reports

10.1 General Manager

Nil

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10.2 Council Sustainability Directorate

10.2.1 Tender 2015-050 Provision of Banking and Bill Payment Services (10893220)

To the General Manager Directorate: Council Sustainability Department: Finance Manager: Paul Henderson – Acting Chief Financial Officer Author: Jim Roberts – Manager Corporate Procurement and Supply

Summary The purpose of this report is to recommend that Council accept the tender submission of the Commonwealth Bank of Australia (CBA) for the provision of Banking and Bill Payment Services to Shellharbour City Council for a term of 5 years. Council’s annual spend in this category is $194K.

Background Council requires the resources of the banking sector to provide the necessary financial services to our organisation and community. The required services are currently provided by the CBA and can be summarised as follows: General Banking and Bill Payment Services The core requirement is managing Council’s various transaction accounts, cheque accounts, corporate credit cards and overdraft facilities. It also encompasses providing the most up to date electronic commerce facilities such as electronic banking, automated payments, EFTPOS and BPAY. Other Services This includes internet payment options, direct debit, telephone payments and self-service kiosk payments. In late 2015 Council, in conjunction with Whitmore Consulting, ran a competitive tender process seeking suitable organisations to provide these banking and bill payment services. Submissions were received, however, the process was not completed due to the announcement of a proposed merger with Wollongong City Council and the implications this had for the merged entity. Following confirmation that the proposed merger was not to proceed, the tender process was re-activated with Whitmore Consulting returning to the market to receive updated submissions from potential suppliers. The submissions were evaluated and scored against a criteria of Price – 40%, Product – 30%, Relationship Management – 15%, Innovation – 10% and Community Commitment – 5%. The summarised results are set out below in Table 1.

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Table 1 – Summary of Ranking

Participating Bank Rank

Commonwealth Bank of Australia 1

National Australia Bank 2

Westpac Banking Corporation 3

Conclusion Based on the outcome of the tender evaluation our existing banking services provider, the Commonwealth Bank of Australia, achieved the highest score and was therefore ranked Number 1 for recommended banking and bill payment services provider. Financial / Resources Implications The tender process ensures Council is receiving value for money from service providers. The revised schedule of rates and services will deliver savings of $145K over the term of the contract. Legal and Policy implications The tender process ensures Council meets its legal requirements regarding tender thresholds as per Section 55 of the Local Government Act 1993. Public / Social Impact Public confidence in Council is enhanced when Council implements appropriate spend management practices, based on consistent and transparent policies and procedures to maximise value for money. 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: 4.2.1 Undertake Council activities within a clear framework of strategic

planning, policies, procedures and service standards

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Strategy: 4.2.3 Ensure Council’s long term financial sustainability through effective short and long term financial management that is transparent and accountable

Consultations Internal Acting Chief Financial Officer

External Whitmore Consulting

Political Donations Disclosure Not Applicable

Recommendation 1. That Council accepts the submission of the Commonwealth Bank of

Australia for tender 2015-050 Provision of Banking and Bill PaymentServices with new contract pricing and a reduced annual spend estimateof $165K.

2. That the General Manager or his nominated delegate be authorised tofinalise and execute the proposed 5 year contract and any otherdocumentation required to give effect to this resolution.

End Section

Approved for Council's consideration:

Date of Meeting: 4 July 2017

Attachments Nil

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10.2.2 Monthly Investment Report - May 2017 (10896382) To the General Manager Directorate: Council Sustainability Department: Finance Manager: Paul Henderson – Acting Chief Financial Officer Author: Alisa Bateman – Acting Manager Financial Services Jordan Harris – Corporate Accountant

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. This report also details investment performance against applicable benchmarks and confirms compliance of Council's investments with policy and legislative requirements. The current budget forecast for interest on investments to 30 June 2017 is $2.79 million. As at the end of May 2017, $2,744,229 of interest revenue has been accrued. Council remains ahead of the budget forecast up to the end of May by approximately $186,729 (forecast = $2.79 million divided by 12 months and multiplied by 11 months = $2,557,500).

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 our independent investment advisors (CPG Research and Advisory) before any investment is made. Close attention is paid to Council's Investment Policy document. This report provides details on the performance for the month of May (Attachment 1). The return on investments for May was 0.31% or when annualised approximately 3.72%. This return for May compares favourably with the AusBond Bank Bill Index of 0.15% for the month and 1.8% when annualised. Favourable interest on investments returns compared to budget are "restricted" in good years, to insulate Council against years where investment income is less than anticipated e.g. global financial crisis.

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This means that any extra earnings, up to a previously determined level of $1.7 million, are put aside as restricted monies and have no impact on the projected cash position for that particular year. The current restriction for interest on investments is $455,000. The low balance reflects expenditure as part of the internal borrowings for the Links Business Plan redevelopment works. The borrowings which total $1.9 million, will be repaid including interest upon the sale of the subdivision development, as per a previous Council resolution. Financial / Resources Implications Any favourable results to budget will be added to Council’s internal restriction for interest on investments. Council is ahead of the budget forecast up to the end of May 2017 by approximately $186,729. 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. The report must also indicate whether the investments made, have been in accordance with the Act, the regulations and Council's adopted Investment Policy. 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 Strategy: 4.2.1 Undertake Council activities within a clear framework of strategic

planning, policies, procedures and service standards

4.2.3 Ensure Council's long term financial sustainability through effective short and long term financial management that is transparent and accountable

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Consultations Internal Nil

External CPG Research and Advisory

Political Donations Disclosure Not applicable

Recommendation That Council receive and note the attached Investment Portfolio report as at 31 May 2017.

End Section

Approved for Council's consideration:

Date of Meeting: 4 July 2017

Attachments 1. Council's Investment Portfolio as at 31 May 20172. Council's Investment Portfolio Graph as at 31 May 2017

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Attachment 1 - Council's Investment Portfolio as at 31 May 2017

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Attachment 2 - Council's Investment Portfolio Graph as at 31 May 2017

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10.2.3 Shell Cove: Precinct B1/C1 Variation of Lot Easements and

Restrictions (10889338) To the General Manager Directorate: Council Sustainability Department: Shell Cove Manager: Matthew Youell – Director Council Sustainability Author: Kevin James – Shell Cove Commercial Manager

Summary The purpose of this report is for Council to resolve to allow the Seal on documents relating to the variation of easements and restrictions on lots within Precinct B1/C1 at Shell Cove. The first stages of Precinct B1/C1 were developed and sold. The lots created have easements and restrictions on them in accordance with the approvals and consents, including the urban design guidelines. Development and building applications for houses are being lodged with Council for approvals. It has become evident by the Project and Council staff that some land owners and their builders are applying different interpretations to the design guidelines that, although complying, create practical problems. The agreed solution is for some easements and restrictions that are registered on the lots to be varied on a case-by-case basis. Although Council is not the landowner, it is required to sign under Seal the documents for any variation to the easements and restrictions that are registered on the lot. Several lots need the variation to happen as soon as possible. Others could arise as each landowner and their builder design the house plans for the lot and discover the problems. Therefore, to avoid the necessity to come back to Council in the future, this report is seeking a resolution across all lots in Precinct B1/C1. Council is asked to resolve to affix the Seal to these documents. The Project notes the anomalies and has instituted measures to mitigate the problems, including changes to future urban design guidelines and greater awareness and education with potential landowners and their builders.

Background The following is additional information to that provided in the Summary of this report. The first stages of The Waterfront Precinct B1/C1 were developed and sold, with the lots created under DP 1203745 and DP 1203746. Easements and restrictions over

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the lots were created under the s.88B provisions that Council signed because it was the then current landowner; this is normal practice. The problems mainly arise around a house plan that is not utilising its full potential to use the available ‘zero lot boundary’ provision – this is a common provision for small lots to have a house wall on the lot boundary (usually a garage, and subject to design rules about its features). It intensifies the problems if the adjoining house plan does not respect the design rules because of its landowner’s preferences. In discussions with the current affected lot owners, their builders, staff from Council and Frasers Property, and Stacks Heard McEwan Lawyers (the Project’s lawyers), the agreed solution is for some easements and restrictions that are registered on the lots to be varied on a case by case basis. Various documents would need to be prepared, signed and lodged with NSW LPI for registration. A resolution of Council is required under the Local Government Act 1993 to affix the Seal to a document. Financial / Resources Implications It is considered that there are no implications as a consequence of this report, as the Shell Cove Project and its lawyer will undertake the required actions. Legal and Policy implications It is a requirement of the Local Government Act 1993, as amended, and its Regulations for there to be a resolution of Council in order to execute the documents under Seal. The recommendations do not conflict with Council’s Policy with regard to this matter of having granted delegated authority to the General Manager to proceed with the Shell Cove Project, subject to all necessary approvals being obtained. Otherwise, it is considered that there are no additional implications as a consequence of this report. Public / Social Impact The registration of documents containing the Seal of Council will alleviate the house approval problems experienced by the affected residents. Otherwise, it is considered that there are no additional impacts as a consequence of this report. Link to Community Strategic Plan This report supports the following objectives and strategies of the Community Strategic Plan:

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Objective: 3.2 Supported by a strong local economy with business and employment opportunities.

Strategy: 3.2.1 Establish the Shell Cove Boat Harbour as a lifestyle and boating destination providing development

Consultations Internal • Nil (for the report)

External • Australand Corporation (NSW) Pty Ltd (part of the Frasers Property Group)• Stacks Heard McEwan Lawyers

Political Donations Disclosure Not Applicable.

Recommendation That the Mayor and the General Manager, or his nominated delegate, be authorised to sign the Deeds of Variation (and associated documents) for Lots 2001 - 2059 DP 1203745 and Lots 2100 - 2117 DP 1203746, under Council Seal.

End Section

Approved for Council's consideration:

Date of Meeting: 4 July 2017

Attachments Nil

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10.3 Community and Customers Directorate

10.3.1 Shellharbour Local Environmental Plan 2013 Planning Proposal No. 3/2016 - Lot 2, DP 1144885, 1 Piper Road, Dunmore - Shellharbour Anglican College Site - Deferred Land (10890473)

To the General Manager Directorate: Community and Customers Department: City Planning Manager: Geoff Hoynes – Group Manager City Planning Author: Bernadette Sharpe – Strategic Planner

Summary The purpose of this report is to seek Council’s resolution to revise Planning Proposal No. 3/2016 over Lot 2 DP 1144885, 1 Piper Road Dunmore – Shellharbour Anglican College. The initial Planning Proposal proposed to rezone this property to R2 Low Density Residential. This report outlines the reasoning for the Planning Proposal to now be revised to consider a Special Use Zone SP1 Special Activities (educational establishment and place of public worship) instead of the R2 Low Density Residential zone. The location of this property is shown in Attachment 1. The current zoning of this property is 1(r) Rural Landscape under the Rural LEP 2004 and is shown in Attachment 2. This Planning Proposal is initiated by Council staff and not the landowner as it is part of the continued process of considering the lands deferred when Council adopted Shellharbour LEP 2013 at its Extra-ordinary meeting of May 2012. Of the 1060ha deferred at that time, there is currently approximately 642ha of deferred land remaining in the Local Government Area. The subject site is approximately 8.69ha. It is proposed that the revised Planning Proposal will apply zoning as shown in Attachment 3. The report also recommends that the revised Planning Proposal be submitted to the NSW Department of Planning and Environment (NSW DP&E) seeking an amended Gateway determination to enable public exhibition of the Proposal and request delegation to make the plan. A copy of this report will form part of Council's submission to the NSW DP&E.

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Background The key purpose of the Planning Proposal is to resolve the deferred matter and bring the property into Shellharbour Local Environmental Plan 2013 (LEP 2013). The initial approach taken was in accordance with the NSW DP&E practice note (PN10-001) on zoning infrastructure sites. The practice note provides guidance on zoning infrastructure sites such as educational establishments to the same zoning as adjoining land which in this instance is R2 Low Density Residential. During preliminary investigations, the property was identified as flood prone to an extent that it was inconsistent with the Section 117 Direction 4.3 Flood Prone land (S117 Direction) under the Environmental Planning and Assessment Act 1979. This direction states (among other things) that a Planning Proposal must not rezone flood prone land from a Rural zoning to a Residential or Special Use zone. Council was not resourced to prepare a flood study to demonstrate that the inconsistency was of minor significance, however, the land owner agreed to fund a flood study for this purpose. Council received Gateway determination for Planning Proposal 3/2016 on 24 October 2016 which stated if Council was satisfied with the flood study submitted to address the S117 Direction inconsistency then there was no further approval required by the NSW DP&E in this regard. However, assessment of the flood study submitted by the land owner did not adequately address the inconsistency for an R2 Low Density zone. Therefore, without additional resourcing being available by either Council or the land owner, an alternative zone to the R2 zone was required to achieve the purpose of the Planning Proposal and resolve the deferred matter. After consideration of alternative zones, SP1 Special Activities (educational establishment and places of public worship) is considered the most appropriate zone for this specific property given the objectives and permissibilities of SP1 adequately reflect the existing uses. Recent advice from the NSW DP&E provided assurance that they are willing to consider a departure from Practice Note PN10-001and as such, consider a revised planning proposal seeking the SP1 zone based on our justification and also the level of flood information that was submitted by the land owner to demonstrate the inconsistency is of minor significance, as it relates to an SP1 zone. Revised Planning Proposal The revised Planning Proposal will amend the proposed zoning of R2 and associated maps to SP1 Special Activities (educational establishments and places of public worship). As per the initial Planning Proposal and advice from the NSW Department of Industry – Geological Survey of New South Wales, the property will not be burdened by the Mineral Resources Area currently on the land under Shellharbour Rural LEP 2004.

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Financial / Resources Implications There are no fees applicable to this Planning Proposal as it has been initiated by Council. The costs associated in preparing the Planning Proposal will be borne by City Planning. Legal and Policy implications The property is currently zoned 1(r) Rural Landscape under the Rural LEP 2004. The preparation and finalisation of this Planning Proposal will bring the property into LEP 2013, and remove 8.69 hectares of deferred lands. Should Council support the preparation of a revised Planning Proposal, it will need to be sent to the NSW DP&E requesting assessment for an amended Gateway determination and approval to be placed on public exhibition. The revised Planning Proposal will need to be prepared, exhibited and assessed in accordance with the requirements of the Environmental Planning & Assessment Act and Regulations, the Guide to Preparing Planning Proposals and the Guide to Preparing Local Environmental Plans prepared by the NSW DP&E. Delegations Council has received certain delegations from the Minister for Planning to finalise certain types of Planning Proposals/LEP Amendments. A review of the criteria for use of delegations by Councils, and that Council received delegation with the initial gateway determination, indicates that the Minister for Planning or his delegate may grant delegation to Council to finalise this Planning Proposal. The recommendation includes an option for Council to seek delegation to finalise this Planning Proposal/LEP Amendment. Should that delegation be granted by the Minister for Planning, further reports will be made to Council to consider finalising the LEP prior to the delegation being used. Public / Social Impact Placing the Planning Proposal on public exhibition will provide an opportunity for interested parties to provide their views for Council's consideration. Link to Community Strategic Plan The preparation of this Planning Proposal supports the following objectives and strategies of the Community Strategic Plan: Objective: 2.3 A liveable City that is connected through places and spaces

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Strategy: 2.3.2 Undertake all land use planning addressing social, economic

and environmental principles whilst reflecting the current and future community's needs

Consultations Internal Team Leader Water Engineering & Design External NSW Department of Industry (Geological Surveys NSW) NSW Department of Planning and Environment Sydney Anglican Schools Corporation The Sydney Anglican Schools Corporation has been regularly consulted on the progress of this planning proposal and support the proposed SP1 zone without any concerns. Political Donations Disclosure Not applicable at this stage of the process.

Recommendation 1. That Council prepare a revised Planning Proposal No 3/2016 over Lot 2 DP

1144885, 1 Piper Road Dunmore to amend Shellharbour Local Environmental Plan 2013 in the following manner:

a. Amend Shellharbour LEP 2013 Land Zoning Map to zone SP1 Special

Activities (educational establishment and place of public worship) in accordance with Attachment 3.

2. That Council authorise the General Manager to submit Shellharbour Local

Environmental Plan 2013 revised Planning Proposal No 3/2016 to the NSW Department of Planning & Environment in accordance with section 56 of the Environmental Planning & Assessment Act 1979 for review and a revised gateway determination.

3. That Council delegate to the General Manager authority to make minor

mapping and Local Environmental Plan instrument changes to Shellharbour Local Environmental Plan 2013 Planning Proposal No 3/2016 if and as required by the NSW Department of Planning & Environment's LEP Review Panel and gateway determination.

4. That Council as part of its gateway submission apply to the Department

of Planning and Environment to use its plan making related delegations including making or not making the plan under section 59 of the

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Environmental Planning and Assessment Act, after any public exhibition of the draft plan.

5. That Shellharbour Local Environmental Plan 2013 Planning Proposal No3/2016 be publicly exhibited in accordance with the gatewaydetermination.

6. That after the public exhibition period has closed, a report be submittedto Council for consideration detailing the public exhibition outcomes andwith further recommendations regarding adoption.

End Section

Approved for Council's consideration:

Date of Meeting: 4 July 2017

Attachments 1. Location Map2. Current Zoning Rural LEP 20043. Proposed Zoning Shellharbour LEP 2013

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Attachment 1 – Location Map

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Attachment 2 – Current Zoning Rural LEP 2004

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Attachment 3 – Proposed Zoning Shellharbour LEP 2013

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10.4 Amenity and Assets Directorate

10.4.1 Tender 2017/55 Beverley Whitfield Pool Plant Upgrades (10882841)

To the General Manager Directorate: Amenity and Assets Department: Asset Strategy Manager: Daniel Brilsky - Acting Group Manager Asset Strategy Author: James Brumpton - Project Delivery Officer

Summary The purpose of this report is for Council to consider the recommendation to cancel the proposal for contract for RFT 2017/55 – Beverley Whitfield Pool Plant Upgrades.

Background Tender 2017/55 included upgrades to pool plant, construction of a new underwater intake line and construction of new surface pipelines mounted on rock shelf. Tenders were recently advertised and no submissions were received. In accordance with Local Government (General) Regulation, 2005 Clause 178(3), Council has the following options:

'(a) postpone or cancel the proposal for the contract, (b) invite, in accordance with clause 167, 168 or 169, fresh tenders based on

the same or different details, (c) invite, in accordance with clause 168, fresh applications from persons

interested in tendering for the proposed contract, (d) invite, in accordance with clause 169, 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 matter of the tender,

(f) carry out the requirements of the proposed contract itself.' The feedback from interested parties was that the financial risk profile for the underwater component of the works was too high to enter into a lump sum contract. Council also believe the financial risk is too high to enter into a schedule of rates contract.

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As such, Council staff will look to lower the financial risks to Council and lower the financial risks to Contractors. To lower the financial risks, Council staff will carry out a preliminary underwater investigation, a detailed underwater survey along the proposed pipeline alignment and update design documentation. Following this, the project may be constructed in one or more construction contracts. The reason it may be constructed in more than one package is to separate the works to suit the required specialised contractors and to separate the higher risk civil works from the lower risk mechanical works. Given the changing details and the possible change in the procurement method of more than one construction contract, Council recommend Option (a) to cancel the proposal for the contract. Impact on delivery program All options are being investigated to achieve the project goals in this swimming off-season however there is a risk the project will not be delivered until next swimming off-season. Financial / Resources Implications Expenditure of project budget will be delayed with the aim to complete the project in the 2017/2018 financial year. Consultation with industry and other Council’s suggest there are high cost risks associated with the underwater component of works. Legal and Policy implications No implications. Public / Social Impact Delivering on the project goals of improving water quality and improving maintenance would have a positive public and social impact. Link to Community Strategic Plan This report supports the following objectives and strategies of the Community Strategic Plan: Objective: 1.2 Active and healthy community Strategy: 1.2.1 Provide residents access to a range of services and facilities

that are relevant and responsive to health and wellbeing Objective: 3.1 Infrastructure is planned and managed in a way that meets the

community’s needs

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Strategy: 3.1.1 Provide the community with a broad range of quality infrastructure, assets and facilities delivered in a cost-effective and sustainable manner.

3.1.2 Renew the City’s ageing assets, infrastructure and facilities to meet the needs of the community now and into the future.

Consultations Internal Senior Asset Officer Asset Officer Manager Corporate Procurement & Supply Procurement Officer

External Wollongong City Council (Knowledge Share) Commercial Divers Pump Specialists

Political Donations Disclosure Not Applicable

Recommendation 1. That Council cancel the proposed contract RFT 2017/55 Beverley Whitfield

Pool Plant Upgrades in accordance with clause 178(3)(a) of the LocalGovernment (General) Regulation 2005.

2. That Council Officer’s undertake the additiional work described in thisreport with a view to reporting the outcome of that work to Council withfurther recommendations.

End Section

Approved for Council's consideration:

Date of Meeting: 4 July 2017

Attachments Nil

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10.4.2 Request for Additional Funds - Dunmore Resource Recovery

Redevelopment (R3 Project) (10896493) To the General Manager Directorate: Amenity and Assets Department: Asset Strategy Manager: Kathleen Packer – Acting Director Amenity and Assets Author: Kathleen Packer – Acting Director Amenity and Assets

Summary The purpose of this report is to seek Council approval for an additional $1,992,947 to complete works associated with the Dunmore Resource Recovery Redevelopment (R3 Project). Over the course of construction the project has encountered a number of unforeseen issues, which have impacted on the overall project budget. These unforeseen circumstances have resulted in the requirement of additional funds.

Background On 14 October 2014, Council endorsed the Business Case for the Dunmore Resource Recovery Redevelopment. The Redevelopment includes the construction of the fully enclosed Transfer Station, organics processing facility capable of processing food organics and garden organics (FOGO) and windrow pad for maturation of the processed material, upgrade to the existing Revolve Centre and other ancillary works. On 26 April 2016 Council awarded the design and construction contract to Project Coordination for the tendered sum of $10,068,746 (ex GST). Works commenced on site in May 2016. The original 2016/17 Capital Works budget for the redevelopment was $13,288,553. There were two budget adjustments made at quarterly budget reviews during the 2016/17 budget year. They were: December Quarter Budget Review

“Dunmore Resource Recovery Centre Improvements $278,825 Problems encountered at the site with leachate disposal have increased the cost of the project. This has been incorporated into the revised forecast”.

March Quarter Budget Review

“Dunmore Resource Recovery Centre Improvements $1,549,199

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Additional funds are required for the Dunmore Resource Recovery Centre. This is for variations to the contract to cover additional works not identified in the original scope. The additional works include the design and construction of extending the Dunmore Road Water Mains, Leachate pump changeover, Weigh Bridge air conditioning costs, design of Revolve truck turning into slip lane, design of internal truck turn loop at the old weighbridge, and Revolve landscape and civil works. The additional funding is from waste restrictions”.

With the above two budget adjustments, total funds available for the project in 2016/17 was $15,116,577. This includes $1,850,000 for the Organics Processing Facility. Excluding this amount, $13,266,577 was available. Based on the current forecast a total budget of $15,259,524 is required to complete the project. Therefore, an additional $1,992,947 is required to complete the project in 2017/18. Since the commencement of construction works in 2016 several significant costs have arisen, which were either unforeseeable or unplanned at the time of establishing the project budget. These variations have resulted in unexpected expenditure and a reduction in available budget to complete the project. The additional costs can be categorised into two key areas, which include:

• Design upgrades - Table 1

• Un-scoped works - Table 2 Costs associated with design upgrades: During the course of construction a number of design changes have occurred which have influenced the current project budget position. In most cases, the robustness of the original design proposal was found to be insufficient and required upgrading to ensure the facility would operate efficiently. These upgrades include: Table 1 - Design Upgrade Costs

Description Cost (ex GST) Modifications to the push-pit wall in the Transfer Station, including the installation of a steel plate liner to ensure longevity of the push-pit wall.

$154,144

Modifications to the Revolve Centre awning to ensure an all-weather facility $122,039

Electrical Substation to ensure enough power supply was available to meet demands of both the Transfer Station and new FOGO facility

$115,397

Total $391,580

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Costs associated with works not included in the original scope of the Design & Construct contract (un-scoped works) The following works were not identified in the original scope of works, but deem necessary to ensure the success and completeness of the redevelopment: Table 2 - Costs for Works Outside of Original Scope of Design & Construct Contract

Description Cost (ex GST) Additional Leachate disposal (over and above the costs allowed for in budget adjustment 1)

$646,570

Replacement of the perimeter fence at the Waste Facility (to improve security in response to the increase level of break-ins)

$175,884

Total $822,454

The costs associated with unforeseen/ un-planned works total $1,214,034 (ex GST) The works associated with the additional funds required are detailed below, as well as the reason for the works to be complete. Table 3 - Additional Works Required Variation Description

Amount (ex GST) Requirement for works to be complete

Weighbridge upgrade $24,255

Upgrade of load cells on existing weighbridge that was relocated to form part of the new dual weighbridge. It was anticipated that the existing cells would have been adequate, but due to the age of the weighbridge they were upgraded.

Weighbridge software system $82,218

Deployment of new weighbridge software system to align with NSW EPA data capture and reporting requirements. The current system we use is superseded.

Uninterrupted Power Supply for weighbridge

$8,679

This will provide power to ensure continual operation of the weighbridge during a power failure. It will provide enough time for a generator to be connected to the system. As this weighbridge will process majority of vehicle movements at the facility, the system is considered critical to ensure business continuity and customer satisfaction. This item was missed as part of the original design.

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Upgrade of drainage channel and construction of sediment pond

$252,913

To improve drainage along the north-eastern boundary of the site and reduce the incidence of flooding around the new weighbridge. Flooding to the site has occurred to the north eastern drainage channel but the location of the current Transfer Station meant it has never posed an issue to tip operation. However, the location of the new Transfer Station has meant that this issue now needs to be addressed or access to the facility will be restricted several times a year.

Repairs to northern shed at Revolve Centre

$8,679

Damaged signage was removed from the eastern wall of the northern shed of the Revolve Centre. This exposed a series of large rusted holes previously covered by the removed signage. A gutter needs to be replaced, holes patched, and a downpipe needs to be installed. The replacement of these components will ensure the building is water tight.

Installation of vinyl in the administration building and the new weighbridge building in lieu of carpet

$5,876

The Design & Construct contract had an allowance for the installation of carpet in the administration building and weighbridge building. Due to the nature of the facility, the installation of vinyl was considered a more appropriate floor covering for maintenance and longevity. This cost is the difference between the cost of the carpet and vinyl.

Weighbridge control civil works $14,509

The new weighbridge software allows for the integration of boom gate controls at the weighbridge. These will be installed to control entry and exit to the facility and ensure payment is received prior to customers leaving the facility. This item was missed as part of the original design.

U-Turn Bay Works $21,863

Once the Transfer Station is operational, customers will have the opportunity to dispose of free items (i.e metals, recyclables) prior to disposing of chargeable items. The installation of the U-Turn bay will allow customers to re-enter the Transfer Facility without having to exit past the Revolve Centre and back across the main intersection. This upgrade is being proposed to improve the operational efficiency of the facility.

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Ethernet Card $567 This is required to ensure the weighbridge and the software system communicate.

Furniture $41,736

Furniture is required to accommodate three permanent desk stations and lunch room in the administration building. These costs also include furniture for the education room, which can accommodate 30 people for education courses and training sessions. This was not identified as part of the original design and was excluded by the contractor.

Window tinting $2,316

The windows on the weighbridge building and the administration building are north facing and large in size. The tinting of the windows will assist in keeping the heat coming into the building from the sun to a minimum. Therefore, reducing operational costs.

Security mesh $19,988

The weighbridge building is primarily glass windows and the administration building also has a number of large windows. The Design & Construct contract had an allowance for security bars on the weighbridge building, however, the option of security mesh was considered a more appropriate finish. The costs associated with this work includes the difference between the costs of the security bars and the security mesh and the installation of the security mesh on the administration building. The installation of security mesh on the administration building and the weighbridge office will assist in maintaining site security.

Pull over area $2,750

Due to the narrow nature of the entry to the new weighbridge building, there is only enough room for two single lanes (one entry and one exit). It is a requirement of the NSW EPA that the contents of a load entering the facility is visible by the weighbridge operator (via CCTV images). There is space available to the north of the entry to construct a “lay-back” area to enable customers with trailers and utes to alight from their vehicle and uncover their loads prior to approaching the weighbridge.

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Weighbridge desk $3,614 A bespoke desk has been designed for the weighbridge to accommodate the space and layout of the weighbridge building.

Electronic signage at weighbridge $11,825

This will provide an education tool and notification tool to customers as they are queuing at the weighbridge.

Dewatering of drainage channel $50,000

The drainage channel to the north of the site was inundated with rainwater in Feb/Mar 2017. Works have not progressed due to the level of water within this area. In an effort to progress works, it is proposed to install dewatering spears to reduce the water within this area.

Dewatering treatment $58,200

Due to the informal landfilling that has occurring on the site in the past, preliminary tests of water extracted from the draining channel indicate the water needs to be treated prior to discharge. This costs are related to the treatment of the extracted water.

CCTV $26,425

These costs relate to the installation of CCTV cameras at the weighbridge. These cameras will allow for the inspection of loads (NSW EPA requirement). They will also double for security cameras out of hours. These costs also include the installation of CCTV cameras within the new Transfer Station for safety and education purposes. There will be a “live” feed into the education room from the Transfer Station so that we can show residents how the Transfer Station works in a safe and controlled manner.

Alarm and duress $22,500

These costs related to the installation of a back to base alarm system on the weighbridge building, administration building and the Transfer Station building. It also includes a duress alarm for the weighbridge building due to the isolated nature of the building compared to the main administration building. These costs will ensure site security and staff safety.

Project contingency $120,000 These costs have been included to allow for any further unforeseen costs that may arise.

Total $778,913

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Therefore, to complete the project $1,214,034 is required to cover the costs of the unplanned works (Table 1 & 2) and $778,913 is needed to complete the additional works (Table 3) therefore identifying a current project budget shortfall of $1,992,947.

Financial / Resources Implications

This original project was expected to be funded from a combination of the Domestic Waste/Waste Depot Restriction, Carbon Pricing Restriction and grant funding.

It is recommended that the additional $1,992,947 is funded from:

Waste Depot Restriction $1,150,000 General Revenue (from unrestricted cash surplus forecast in current 2016/17year) $842,947 Total additional funding required $1,992,947

It is expected that there will be $1,150,000 in the Waste Depot Restriction at the end of 2016/17. There is $800,000 in the restriction currently with a further $350,000 of savings anticipated by the end of the 2016/17 financial year. Using the entire Waste Depot Restriction for the R3 will require the Waste Depot operations to remain within the budget set for 2017/18, as there will be no additional funds able to be drawn upon from the restriction. It should also be noted that all planned capital works for 2017/18 will still be able to be funded from the Waste Depot Restriction despite the draw down on the restriction for this project.

Each year the Waste Depot Restriction is “topped-up” with funds collected via fees and charges at the Dunmore Recycling & Waste Disposal Depot for future capital works and closure costs. The forecast amount for 2017/18 is $1,339,002.

The remaining $842,947 is proposed to be sourced from General Revenue, from savings achieved in the 2016/17 financial year. Council commenced the 2016/17 financial year with a forecast unrestricted cash surplus of $288,000. That position after the March Quarter Budget Review had improved to a forecast surplus of $1,968,000.

For a number of years, surplus funding from the Waste Depot operations has been transferred to General Revenue, instead of being restricted in the Waste Depot Restriction, to assist Council in commencing each budget year with a forecast surplus unrestricted cash position. These additional Waste Depot funds have been collected primarily for future capital works and closure costs at the site. The utilisation of $842,947 of funding from General Revenue via a transfer of this amount to the Waste Restriction at the end of the 2016/17 year, represents a repayment of the approximate $4,149,602 that is payable from General Revenue to the Waste Depot Restriction for the R3 Project. A formal process will be put in place for the 2018/19 budget for the ongoing transfer of funds between General Revenue and the Waste Depot Restriction, to restore these funds that have been collected for future capital works and closure costs.

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The allocation of the $842,947 will reduce the forecast unrestricted cash surplus at year end for 2016/17 from $1,968,000 to approximately $1,125,000.

The allocation of the overall additional $1,992,947 of funds for the R3 project will result in Council’s available investment portfolio being reduced by this amount.

Legal and Policy implications

All works associated with the R3 project have occurred in accordance with Council’s procurement guidelines and the amendments and variations were allowed under the contract.

Public / Social Impact

The completion of the outstanding works will ensure that the Dunmore Recycling & Waste Disposal Depot will operate in an effective and safe manner for both customers and staff.

Link to Community Strategic Plan

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

Objective: 2.2 Practices sustainable living

Strategy: 2.2.2 Operative effective and sustainable waste management for the city.

Consultations Internal Acting Chief Financial Officer Acting Director Amenity & Assets

External Nil

Political Donations Disclosure Not Applicable

Recommendation 1. That Council resolve to approve the allocation of the additional $1,992,947

to the Dunmore Resource Recovery Redevelopment Project.

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2. That this funding be sourced from the Waste Depot Restriction for theamount of $1,150,000 with the remaining $842,947 coming from theGeneral Revenue savings achieved in the 2016/17 year, via a transfer tothe Waste Restriction as part of the 2016/17 year-end financial reportingprocess.

End Section

Approved for Council's consideration:

Date of Meeting: 4 July 2017

Attachments Nil

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11. Committee Recommendations

11.1 Recommendations from the Traffic Committee Meeting held 7 June 2017 recommended for adoption.

That the Recommendations from the Traffic Committee Meeting held 7 June 2017 be adopted.

12. Items for Information

12.1 Wings Over Illawarra (10896576)

At the Ordinary Council Meeting of 28 February 2017 Councillor Moran asked if Councillors could be provided with a chronology of the history of Wings Over Illawarra including business papers, Council meeting webcasts, conditions of consent and financial information provided by Bright Events. The General Manager took the Question on Notice.

Response

The purpose of this memo is to provide the requested information by Councillor Moran at the Ordinary Council Meeting held on 28 February 2017 in relation to Wings Over Illawarra (WOI).

The following is the chronology of the history of Wings Over Illawarra including business papers presented:

• 2007 - The WOI Event was established.• In or around 2007 - prior to the first WOI Event, the Wings Ove r lllawarra

Organising Committee (WOI Committee) was formed by Council to organisethe WOI Event.

• On or about 24 February 2007 - the Council ran and presented theinaugural WOI Event in partnership with HARS, with the assistance of theWOI Committee.

• On 4 April 2007 - during a Council meeting, it was recommended to theGeneral Manager of the Council that the WOI Event be listed as an eventjointly organised by the Council and HARS. The recommendation wasapproved for consideration of the Council.

• 2007 to 2013 - Following the first WOI Event until 2013, the Council, inconjunction with the WOI Committee and its members, continued to worktogether to run, organise and develop the WOI Event without retaining theservices of a third party event operator.

• In or around mid to late 2013 - the WOI Committee and the Councilconducted a review of the management structure for the operation of the WOIEvent, and considered engaging a third party to operate the 2014 WOI Event.

• On or about 30 October 2013 - Council staff met with Bright Events to discussthe operational requirements for the 2014 WOI Event. During the October

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meeting, Bright Events presented the following to the Council: o A proposed organisational structure for the WOI Event; ando An accompanying letter to the General Manager of the Council.

• 30 October 2013 - Following the presentation to the Council by Bright Events,the Council agreed to make a recommendation to the WOI Committee thatBright Events would be retained to operate the 2014 WOI Event.

• On or about 29 November 2013 - the then-Acting Director of ShellharbourEnterprises wrote to Bright Events on behalf of the Council, regarding theappointment of Bright Events as operator of the 2014 WOI Event.

• On or about 21January 2014 - the then-Acting Director of ShellharbourEnterprises wrote to Bright Events confirming that Bright Events had:"assumed full control and responsibility for the organising and running of the [2014WOI Event]" and stating that the Council would "continue to assist whererequired".

• 2014 -The WOI Event was partially cancelled due to bad weather.• On or about 28 November 2014 - the WOI Committee recommended to the

General Manager of the Council that Bright Events be appointed as operatorof the 2015 WOI Event, for the WOI Committee.

• On or about 9 December 2014 - the General Manager of the Council wroteto Bright Events confirming endorsement by the Council of therecommendation of the WOI Committee 28 November 2014, and "formallyoffer[ed] management of the 2015 Wings over Illawarra event to Bright Events PtyLtd".

• On or about 15 December 2014 - Mark Bright of Bright Events wrote to theGeneral Manager of the Council accepting the appointment by the Council ofBright Events as "event Manager for Wings Over Illawarra 2015".

• Simultaneously, and in or around December 2014 -, the Council (with theendorsement of the WOI Committee) issued an Expression of Interest for eventorganises interested in operating the WOI Event, for the Council, for a period ofup to 5 years.

• On or about 17 July 2015 - the WOI Committee made a recommendationto the General Manager, that Bright Events was the preferred 2015 EOIapplicant. The EOI Recommendation was subject to:o Endorsement by the Council;o Acceptance by Bright Events; ando Finalisation of a licence agreement.

• On 27 Octobe r 2015 - during an Ordinary Council Meeting, the Councilresolved to enter in to a licence agreement with Bright Events for a term of5 years, commencing 1 September 2015, to finalise the appointment ofBright Events as WOI Event operator pursuant to the 2015 EOI.

Webcasts:

Details of webcasts associated with WOI can be obtained for any requested meeting back to 15 September 2009 upon request.

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Consent Conditions – WOI endorsed DA’s:

• 19 March 2013DA 398/2012 – Wings Over the Illawarra, Annual Air Show inc. aviationevent (3 Days in May each year). Approved by Council 19 March 2013

• 23 February 2016Mod. DAM 0544/2015 - Wings Over the Illawarra, Annual Air Show inc.aviation eventAmendment to event dates (change from 3 days in May to 3 calendardays). Approved by Council 23 February 2016

• 28 February 2017Mod. DAM0100/2016 - Wings Over the Illawarra, Annual Air Show inc.aviation eventAmendment to event (3 consecutive days each year excluding 1 Decemberto 31 January for aircraft displays with the 4th day for ancillary Trade Expoonly). Approved by Council 28 February 2017

Financial Information:

9 July 2015 – WOI Expression of Interest submission was received by Council to operate the Event: • Document contains confidential financial information.

Responsible Manager: Mark Henning – Business Development

Date of Meeting: 4 July 2017

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13. Notices of Rescission/Alteration Motions

Nil

14. Notices of Motion

14.1 Notice of Motion submitted Cr Kellie Marsh: Ski Way Park Boat Ramp (10886547)

To the General Manager, Mayor and Councillors

Author: Cr Kellie Marsh

Notice of Motion:

That Council officers prepare a report to Council by the Ordinary Council Meeting of 5 September 2017, providing recommendations as to whether it is considered a stainless steel table/bench to cut and scale fish for the fisherman next to or near the boat Ramp at Ski Way Park Oak Flats should be constructed. The report must include the cost of the table and associated work, as well as a timeline for the construction of the table, should Council resolve to proceed.

___________________________________

Cr Kellie Marsh

Date of Meeting: 4 July 2017

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14.2 Notice of Motion submitted by Cr Kellie Marsh: Oak Flats Pool (10894405)

To the General Manager, Mayor and Councillors

Author: Cr Kellie Marsh

Notice of Motion:

1. Council endorses that the Oak Flats Pool will remain under Shellharbour CityCouncil’s management and ownership.

2. Council undertakes extensive community engagement as part of any futureoperational and management planning for infrastructure requirements around theOak Flats Pool and other community facilities in that precinct.

_________________________ Cr Kellie Marsh

Date of Meeting: 16 June 2017

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14.3 Notice of Motion submitted by Cr John Murray: Illawarra ITEC (Inc) Board (10899240)

Notice of Motion:

That Council formally resign its position from the Illawarra ITEC (Inc) Board and that Council advise the Illawarra ITEC Board that it will not be nominating a representative to the Board in September 2017 when Council determines its delegates to committees.

That Council Officers investigate how Council was appointed to the Illawarra ITEC (Inc) Board.

_______________ Cr John Murray

Date of Meeting: 4 July 2017

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

15.1 Question on Notice submitted by Cr Peter Moran: Development Applications (10894866)

On how many occasions in the last 6 years has Council been taken to the Land & Environment Court by developers whose DA's were refused? What were the outcomes of those court actions? How many developments have been approved in the last 6 years where Council officers have noted non-compliance with a section or sections of relevant Council DCP's?

_________________________ Cr Peter Moran

Date of Meeting: 4 July 2017

15.2 Question on Notice submitted by Cr Peter Moran: Section 94 Funds (10895343)

What is the value of S94 funds collected in Oak Flats in each of the last 10 years?

_________________________ Cr Peter Moran

Date of Meeting: 4 July 2017

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16. Urgent Business

17. Committee of the Whole in Closed Session: Adjournment

18. Committee of the Whole: Consideration of Adoption of DecisionsReached in Closed Session

19. Consideration of Motions to Declassify Reports Considered in ClosedSession

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