shire services committee meeting...shire services committee 6 november 2017 ser007-1 8 the working...

Shire Services Committee Meeting

Monday, 6 November 2017

Commencing at the conclusion of the Shire Infrastructure and Shire Planning Committee Meetings

Committee Rooms 203 and 204

Level 2, Administration Building

4-20 Eton Street, Sutherland

Shire Services Committee 6 November 2017

ORDER OF BUSINESS

1. APOLOGIES 2. DISCLOSURES OF INTEREST 3. CONFIRMATION OF MINUTES OF THE PREVIOUS MEETING 4. PRESENTATIONS 5. REPORTS FROM OFFICERS

SER007-18 Sutherland Shire Literary Competition

SER008-18 Lease to Como Jannali Junior Rugby League Football Club Inc

6. QUESTIONS 7. CONSIDERATION OF BUSINESS IN CLOSED SESSION

8. CONFIDENTIAL REPORTS FROM OFFICERS

SER005A-18 Land Sale Proposal - 9 Kingsway, Cronulla


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SER007-18 SUTHERLAND SHIRE LITERARY COMPETITION

Attachments: Nil

EXECUTIVE SUMMARY

• A Working Party of Councillors Collier, Forshaw and Croucher and the Library Manager was

formed in May 2017 to investigate the feasibility of establishing a Sutherland Shire Literary

Competition.

• The aim of the Competition is to promote the cultural richness of Sutherland Shire and celebrate

literature and reading within the wider community.

• Investigations have shown the benefits of such a Competition, the strong support of literary

groups within the Shire and have established the structure for the format of the Competition.

• Direct costs will be covered by funding through fees charged for entry and sponsorship from

local businesses, organisations and cultural institutions.

• The Terms and Conditions of a Sponsorship Proposal will be developed with advice from

Council's legal team.

REPORT RECOMMENDATION

THAT:

1. An annual Sutherland Shire Literary Competition be established, commencing 2018.

2. A Sutherland Shire Literary Competition sub-committee comprising 3 Councillors and the

Manager Library Services be formed to oversee the organisation and implementation of the

Competition in consultation, as required, with the local literary community.

3. The sub-committee seek sponsorship for the Competition from Shire businesses and

organisations, subject to Council policies and procedures.

4. A report be provided to Council on the outcomes of the 2018 competition and any

recommendations for subsequent competitions.


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PURPOSE

This Report outlines the proposal for an annual Sutherland Shire Literary Competition and the

enquiries undertaken by the Council Working Party. It identifies how establishing the Competition will

assist in promoting and celebrating the literary and cultural richness of Sutherland Shire in keeping

with its adopted community Strategic Plan for "achieving a culturally rich and vibrant community by

creating and strengthening community connections through shared cultural experiences." (Outcome

4).

The Report also considers existing literary activities within the Shire and outlines the process by which

the Competition will be organised, funded and implemented.

BACKGROUND

Sutherland Shire is well known for its successful sporting teams and natural environment and also has

a rich vein within the literary, visual and performing arts, which warrants celebration. Hazelhurst

Regional Gallery is recognised as the focus of the Shire's emerging visual artistic heritage and

together with the Sutherland Entertainment Centre is starting to provide greater diversity in the

performing arts.

There is less recognition and promotion of literature and writing throughout the Shire, a need filled, in

part, by Council's Libraries. Sutherland branch Library provides a variety of programs to foster a love

of literature (author and literary talks), encourage reading (book groups) and develop creative skills

(eg. editing and how to get published workshops). As part of National Novel Writing Month in

November 2017, the Library will be offering a local author showcase, writer's workshop and write-in

sessions.

There are three writer's groups currently within the Shire, the Fellowship of Australian Writers

(Sutherland), the Sutherland Shire Writing Group and Cronulla Writing Group. The Fellowship of

Australian Writers hosts Writer's Unleashed, an annual writer's festival and picture book writing

competition and the SPARK Schools Creative Writing Competition.

In May 2017, Council unanimously approved the establishment of a Working Party to identify

opportunities and provide advice to Council on the establishment of an annual Sutherland Shire

Literary Competition (MOT029-17).

DISCUSSION

A number of NSW Councils and their libraries organise significant literary awards including the Banjo

Patterson Writing Award (NSW Central West Library Service); Mosman Youth Awards in Literature;

"The Nib" Waverley Library Award for Literature; Lane Cove Literary Awards; Lionel Bowen Young

Writers' Award (Randwick City Council), and Nan Manefield Young Writers' Award (Stanton Library,

North Sydney).


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The Working Party has considered the structure and organisation of a variety of literary competitions

conducted by councils and literary groups eg. Fellowship of Australian Writers (Sutherland) and

recommends the following for the proposed Sutherland Shire Literary Competition;

Writing Categories The Literary Competition could be an annual event open to Australian residents aged eighteen years

and over at the time of entry.

The proposed competition would have the following recognised categories:

• Short story;

• Poetry, free verse; and

• Poetry, traditional (or rhyming) verse.

The prize money structure for each category will be as follows:

• 1st prize, 2nd prize and 3rd prize; and

• a Shire Residents Prize

A Shire Residents’ Prize in each category may be awarded, at the discretion of the judges, for the best

entry from a resident not winning another prize in that category. Highly commended and commended

certificates will also be awarded at the discretion of the judges depending on the quality of the entries.

Judging Panel

An independent panel of judges from the literary community will be assembled by invitation.

The judging panel will have the discretion to decide that an award not be presented if the quality of the

entries are not considered to be of sufficient merit.

Competition Rules and Promotion

The Working Party has developed a draft set of rules for the proposed Competition based on

consultation and research. Whilst these are generally well accepted by the literary community, the

draft rules have been referred to Council's legal officers for advice.

The proposed Competition, together with its rules and entry form will be advertised on the Council

website as well as on other general literary competition websites which are freely available online.

It will also be promoted through Council and the Library websites and social media, in the local media

and through flyers and posters available in each of the Sutherland Shire Libraries and other relevant

Council facilities.


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Publication of Winning Entries

The winning entries in each category, including any Shire Residents Prizes, will be published in a

magazine issued to coincide with the Awards presentation.

The magazine not only records the winners and provides a permanent record of the event, but creates

interest in subsequent events and serves as a guide for future entrants. It also recognises sponsors

and provides the fundamental foundation for the future growth of the competition itself.

Initially, the magazine will be distributed free of charge at the Awards presentation to prize winners,

sponsors, ceremony hosts, the Mayor, interested Councillors and relevant staff. Copies of the

magazine will also be available in Sutherland Council Libraries.

Consideration will be given to publishing an anthology of prize winning entries for sale in future years,

with pricing for the anthology set to recoup both production and distribution costs.

It is a condition of entry that competitors agree to permit the Council to publish their entries in the

magazine, any anthology, on Council websites and in Council publications as well as in the general

media, without fee.

Award Presentation

After discussions with the Fellowship of Australian Writers (Sutherland), it is proposed that the

Competition winners would be announced and the prizes presented during the annual Writer's

Unleashed Festival, held annually in the Shire in August. Judges and sponsors will be invited to attend

and participate in the Awards presentation, along with the Mayor, Sub-Committee members and

interested Councillors.

The Library regularly arranges author talks and presentation. As part of the entry conditions,

competition prize winners and highly commended entrants will be required to participate in literary

discussions and events, if practicable.

Sutherland Shire Literary Competition Sub-Committee

The Working Party proposes the establishment of a Council sub-committee to oversee the initial and

annual implementation of the Competition and Awards, as well as their evaluation.

Members of the proposed sub-committee would be actively involved in the Awards presentation,

including the announcement of the winners and as MC of the Awards event.


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Funding

The Working Party recommends that the prize money and costs associated with the competition and

the Awards presentation be funded through:

1. A fee for each entry; and

2. Sponsorship by appropriate local businesses, organisations and cultural institutions.

Charging competitors an entry fee is standard practice for the vast majority of literary competitions

(including most Council-run competitions) both in Australia and internationally.

A sponsorship proposal will be developed, seeking financial support from local businesses,

organisations and other cultural institutions. Advice will be sought from relevant Council's officers in

preparing the sponsorship proposal.

Timeline

It is anticipated that it would take around 8 months to advertise, judge and present prizes in the

Sutherland Shire Literary Competition. This would include:

• advertising for 3 months prior to opening the competition;

• competition period of 3 months;

• judging period of 2 months;

• award presentation in August.

RESOURCING STRATEGY IMPLICATIONS 1. Budget

The competition will be cost neutral with all additional out of pocket expenditure to be funded by

sponsorship and entry fees.

2. Risks

The major risk associated with proceeding with the Sutherland Shire Literary Competition is that of

potential damage to Council's reputation and brand through not meeting stakeholder expectations.

These can be mitigated by detailed planning, use of technology (when appropriate); advice from

relevant Council teams eg. Legal, Strategy & Engagement; adherence to Council policy & procedures;

good communication and engagement with organising Committee, sponsors and community.

COMMUNITY ENGAGEMENT

Meetings have been held with the representatives of the Fellowship of Australian Writers (Sutherland),

Sutherland Shire Writing Group and Cronulla Writer's Group to gain their views and suggestions for

the project.


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All three groups have expressed enthusiastic support for the Competition and provided advice on

implementation and procedure. The local Fellowship of Australian Writers (Sutherland Shire) has

agreed to include the presentation of the Sutherland Shire Literary Awards in their annual Writers

Unleashed festival in August 2018.

Advice has also been provided to the Working Party by

• Dr Don Carter, Senior Lecturer in English Education at the University of Technology, Sydney

• Mr David Campbell, nationally recognised, multi-award winning poet, writer and competition

judge

• the Organising Committee the 2017 National Henry Lawson Society Literary Awards (for poetry

and short stories) founded in 1923 and based in Melbourne.

STRATEGIC ALIGNMENT Community Strategic Plan Strategy

Delivery Program (2017-2021) Deliverables

Outcome 4 - Achieving a culturally rich and vibrant

community by creating and strengthening

community connections through shared cultural

experiences (4.1)

Outcome 5 - Developing a prosperous community

for all by promoting our community as a place to

visit, work and invest (5.1.3)

4C.1 - Delivering an annual program of diverse

cultural events across a wide range of target

audiences.

4C.2 – Provide events and activities that would not

otherwise be available in Sutherland Shire.

4C.5 – Maintain and increase relationship with

sponsors and external funding agencies.

4D.5 – Deliver a range of quality services and

programs for young adult, adult and cross

generational demographics, including indigenous

and CALD communities.

5G - Delivering lifelong learning opportunities and

initiatives through the library services program.

POLICY AND LEGISLATIVE REQUIREMENTS

No applicable policy or legislative requirements.

CONCLUSION

The investigations undertaken by the Working Party has shown that there are positive outcomes from

implementing a Sutherland Shire Literary Competition, including promoting the Shire as an area of

cultural growth, developing and supporting existing literary groups and programs within the area and

promoting literature and reading within the community. The Competition will meet the Strategic


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Priorities of Council by developing a culturally rich and vibrant community and also those of the Library

by delivering innovative and creative learning opportunities that support lifelong learning.

Direct costs associated with delivering the Competition can be mitigated by charging an appropriate

entry fee and seeking sponsorship from local businesses, organisations and cultural institutions.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Library Services, Deborah

Best, who can be contacted on 9710 0352.

File Number: 2015/14493


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SER008-18 LEASE TO COMO JANNALI JUNIOR RUGBY LEAGUE FOOTBALL CLUB INC

Attachments: Appendix A

EXECUTIVE SUMMARY

• The Como Jannali Junior Rugby League Football Club Inc have contributed $330,000 towards its

newly completed clubhouse and have agreed to formalise their tenure via a 21 year lease over

part of Scylla Bay Oval where its clubhouse and amenities are located.

• In November 2016 Council resolved to accept a tender for a new clubhouse and amenities with a

deed of agreement for funding and lease signed by parties on 19 January 2017.

• The lease area straddles both Council and Crown land and there are two Aboriginal land claims

on the Crown portion of land.

• To move the lease forwards, Council must apply to the NSW Aboriginal Land Council to partially

lift its claims. Without such approval, the Crown will only approve a limited term 3 year lease.

• Council also requires consent from the Minister for Lands and Forestry as well as Minister for

Local Government to enter into the lease.

REPORT RECOMMENDATION

THAT:

1. The consent of the Minister for Lands and Forestry as well as the Minister for Local

Government be obtained for the proposed 21 year lease.

2. Subject to Point 1 above, the proposed 21 year lease over Part Lot 1 DP183958 and Part Lot

1 DP193039 to the Como Jannali Junior Rugby League Football Club Inc. be granted on

terms and conditions to the satisfaction of the General Manager.

3. In accordance with the Power of Attorney dated 6 July 2016 BK 4710 No. 28, the General

Manager execute any necessary documentation to give effect to this resolution.


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PURPOSE

The proposed 21 year lease over Part Lot 1 DP183958 and Part Lot 1 DP193039 to the Como Jannali

Junior Rugby League Football Club Inc (the Club) be granted on terms and conditions to the

satisfaction of the General Manager.

BACKGROUND As part of its ongoing programme of upgrading public recreational facilities, Council approved the

demolition of the former club house building and amenities and the construction of a new club house

and amenities building, including associated earthworks, services, landscaping and signage at Scylla

Bay Oval.

On 21 November 2016 Council resolved (INF003A-17) to accept a tender for the new club house and

amenities at a cost of $1,392,176 (excluding GST). The Club contributed $330,000 towards the

clubhouse and new facility of which $130,000 is a loan from Council's 'Sporting Facilities Development

Fund'. (COR034-17.) A deed of agreement for funding and lease was signed by parties on 19 January

2017,

The club house building and amenities sits on Council land being Part Lot 1 DP183958 and Crown

land being Part Lot 1 DP193039 which is Crown Reserve R83798 and Council is Reserve Trust

Manager. (See appendix A).

Legislative requirements for lease in accordance with the Local Government Act and the Crown Lands

Act have to be met in order to provide the Club with a lease over the clubhouse and amenities.

DISCUSSION The Club had exclusive possession of the former buildings and amenities for at least ten years. With

the Club's monetary contribution and its history of occupying the club house, being open to the

granting of a long-term lease is appropriate.

Council is gathering evidence to request the NSW Aboriginal Land Council to partially lift the two

Aboriginal Land Claims placed on the Crown Reserve on the16 and 19 December 2016. Council

believes it can demonstrate lawful use and occupation of the reserve at the time the claims were

lodged.

The Crown consider a lease term more than 3 years over its portion of land conditional to lifting of any

existing Aboriginal land claims.


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RESOURCING STRATEGY CONSIDERATIONS

The lease will be in line with Council's community leasing Policy, requiring the Club to be financially

responsible for the ongoing maintenance and repair of the building. Carriage of this matter is the

responsibility of the Property Services Unit utilising existing resources.

COMMUNITY ENGAGEMENT The proposed lease on Council land was advertised in the St George and Sutherland Leader on 13

September 2017. A notice was exhibited at the site as well as Council's Customer Service Centre

advising of the proposal. Letters were despatched to adjoining and nearby residents advising of the

proposed lease and inviting written comments to Council. The exhibition and advertising of the

proposal commenced on 13 September 2017 and closed on 11 October 2017, a total of 28 days.

The advertising, exhibition and notification of the proposal is a requirement of section 47 of the Local

Government Act 1993.

Summary of Written Objections

Two written objections were received objecting in part to the proposed lease. The objections are

primarily based on the behaviour of the former club patrons and their guests as well as noise

emanating from the club house and the Scylla Bay oval. Objections are also referenced to DA15/1367

lodged by Council and the development consent as well as club's Operational Management Plan

dated July 2015.

A summary of the written objections are:

1. All conditions set out in the Development consent of DA15/1367 be included in the lease

document.

2. No amplification of music and doors and windows to remain closed when the club holds events.

3. The club prepare and update a Good Neighbour Policy annually.

To address the concerns raised in the objections, the following actions are proposed:

• A special condition of the lease is the use of the premises as a sporting clubhouse is to be in

accordance with conditions of Development Consent No. DA15/1367. Request the Club

prepared a Good Neighbour Policy annually and all club members and guests adhere to it.

• Appoint a member of the club to be the Good Neighbour Policy liaison officer.

STRATEGIC ALIGNMENT

The lease to the Club provides Council with an opportunity to achieve its adopted Community

Strategic Plan by ensuring a community that is informed and engaged in its future (Outcome 1),

demonstrating community care and support (Outcome 3) and provide for a liveable place with a high

quality of life (Outcome 6).


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The proposal meets the strategies in our adopted Delivery Program of:

Community Strategic Plan Strategy

Delivery Program (2017-2021) Deliverables

1.3 A community informed and empowered to

rise to the challenges and opportunities

presented by a changing world

1.4 Ensure community confidence in Sutherland

Shire Council.

1B.2 and 1B.3. Developing an engagement strategy

and a program of engagement activities.

1E.2 and 1E.3 Implement finance strategies to

improve financial performance and improve

financial information to the community.

3.1 A community with access to services,

programs and facilities to support and enhance

health and well-being

3M.1 Develop and implement Property Services

Business Plan that facilitates effective and best use

of assets that meet the changing needs of the

community

6.3 Provide welcoming, safe and accessible

places and spaces that encourage active

lifestyles.

6G.2 Deliver Sport Assets (sports fields, ancillary

buildings and amenities) works and maintenance

programs to agreed levels of service for quality,

function and safety.

POLICY AND LEGISLATIVE REQUIREMENTS

Council must comply with the legislative requirements of both Section 102(2) of the Crown Lands Act

and Section 47 of the Local Government Act.

In addition to the requirement for the proposed lease to be publically exhibited, if a person makes a

submission by way of objection to the proposal, section 47(5) states Council must not grant the lease

except with the Minister's consent. As a result of objections being received, Council must apply for and

receive ministers consent before the lease can be granted.

The proposed lease is being considered under the terms of Councils Community Leasing Policy,

requiring the Club to be responsible for all ongoing maintenance and repair of the building. The rental

under the proposed lease will be the minimum crown rental which is currently $484.00 per annum plus

GST.

CONCLUSION

Property Services will gather information and evidence to support its request to the NSW Aboriginal

Land Council to partially lift its land claims. Should Council be successful, application will be made to

the Minister for Lands and Forestry to consider a 21 year lease to the club over the Crown land.


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As objections have been received to the advertisement of the proposed lease over the Council portion

of land, it will be necessary to seek the consent of the Minister for Local Government. It is

recommended that given the financial contribution made by the Club, the Council support a 21 year

community lease that requires the Como Jannali Junior Rugby League Football Club to financially

provide for care, maintenance and repairs of the clubhouse and amenities, excluding those open to

the public. The consent of the Minister for Lands and Forestry and Minister for Local Government be

sought to enter into this lease.

RESPONSIBLE OFFICER The officer responsible for the preparation of this Report is the Manager Property Services, Lani

Richardson who can be contacted on 9710 0614.

File Number: 2016/261923

17/10/2017

31160

Crown and Council LandProposed Lease to the Como Jannali Junior Rugby League Football Club Inc

This map has been produced with the most current data available to Council as supplied by various sources.

INFORMATION IN THIS MAP IS SUBJECT TOCOPYRIGHT. Council is not responsible for any inaccuracies in the data

provided. Contact Council’s Land Information Unit (ph. 9710 0116) for more information. Printed:

at A4 781Scale 1:

Metres


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A


CONFIDENTIAL REPORTS FROM OFFICERS

In accordance with Section 10A(1) of Local Government Act 1993, the following matter will be

considered in the Closed Session:

SER005A-18 LAND SALE PROPOSAL - 9 KINGSWAY, CRONULLA

Section 10A(2)(c) Information that would, if Disclosed, Confer a Commercial Advantage on a Person with Whom the Council is Conducting (or Proposes to Conduct) Business:

This matter is being considered in Closed session as it relates to the entering into of a contract where

prior knowledge of the proposal could confer an unfair financial advantage on any person. On

balance, the public interest in preserving the confidentiality of information about proposed contracts

outweighs the public interest in maintaining openness and transparency in council decision-making

because the disclosure of this information would put the Council at a competitive disadvantage in its

negotiations with a prospective contractor.

shire services committee meeting...shire services committee 6 november 2017 ser007-1 8 the working...

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