agenda - cdn.shellharbour.nsw.gov.au

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 31 August 2021 Business Paper

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 31 August 2021

AGENDA

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

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

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

4. Confirmation of Minutes ................................................................................... 3

4.1 Ordinary Council Meeting 10 August 2021 ........................................................................ 3

5. Disclosures of Interest ..................................................................................... 3

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

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

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

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

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

10.1 Chief Executive Officer ..................................................................................... 4

10.1.1 Local Government NSW Annual Conference 2021 (11720506) ........................................ 4

Recommendation ............................................................................................................... 7

10.1.2 Your Ideas, Our Actions - Fourth Quarter Review of the Delivery Program and Operational Plan 2020-2021 (11721176) .........................................................................21

Recommendation .............................................................................................................25

10.2 Council Sustainability Directorate ................................................................. 26

10.2.1 Monthly Investment Report – July 2021 (11719371) .......................................................26

Recommendation .............................................................................................................28

10.2.2 Deed of Variation of Agreement for Lease and replacement Construction Agreement - The Disability Trust - Lot 180 DP 1230389, 12-14 Adam Murray Way, Flinders (11718348) .......................................................................................................................33

Recommendation .............................................................................................................36

10.2.3 Creation of Easement over Lot 2 in Deposited Plan 1240742 – Shellharbour Airport (11718292) .......................................................................................................................38

Recommendation .............................................................................................................40

10.2.4 Proposed New Lease – Total Aerospace Solutions Pty Limited - Lot 2 DP 1092398 - 2/32 Airport Road, Albion Park Rail - Shellharbour Airport (11718328) ...........................48

Recommendation .............................................................................................................50

10.2.5 The Waterfront Shell Cove Land Purchase Option No. 10 – Boat Maintenance Facility (11720243) .......................................................................................................................53

Recommendation .............................................................................................................55

10.2.6 Shell Cove Subdivisions (11719905) ...............................................................................57

Recommendation .............................................................................................................59



10.3 Community and Customers Directorate ....................................................... 62

10.4 Amenity and Assets Directorate .................................................................... 62

10.4.1 Tender 2021/31 - Shellharbour City Council Design Panel – Civil (11720697) ...............62

Recommendation .............................................................................................................66

11. Committee Recommendations ....................................................................... 67

11.1 Recommendations from the Aboriginal Advisory Committee Meeting held on 3 August 2021 recommended for adoption. ....................................................................................67

11.2 Recommendations from the Traffic Committee Meeting held on 4 August 2021 recommended for adoption. ..............................................................................................67

12. Items for Information ...................................................................................... 67

12.1 Item for Information - Responses to Questions on Notice (11719863) ............................67

13. Notices of Rescission/Alteration Motions..................................................... 70

14. Notices of Motion ............................................................................................ 70

14.1 Notice of Motion submitted by Cr Kellie Marsh: Bulky Kerbside Collection (11720808) ..70

14.2 Notice of Motion submitted by Cr Kellie Marsh: Naming the Visitor Information Centre at Shell Cove after Diane Johnston (11724802) ..................................................................71

15. Questions on Notice (must be submitted in writing) ................................... 71

15.1 Question on Notice submitted by Cr Kellie Marsh (11725888) ........................................71

16. Urgent Business .............................................................................................. 72

17. Consideration of Motions to Declassify Reports Considered in Closed Session ............................................................................................................ 72

18. Confidential Business (Committee of the Whole in Closed Session) ........ 72

19. Committee of the Whole in Closed Session (Closed to the Public): Adjournment .................................................................................................... 72

20. Committee of the Whole in Closed Session: Consideration of Adoption of Decisions Reached in Closed Session ......................................................... 72



1. Acknowledgement to Country

Shellharbour City Council acknowledges the Traditional Custodians of the Dharawal Country and recognise their continued connection to the land we meet on today. We pay our respects to Elders past, present and emerging and the contribution they make to the life of this city and this region and extend our recognition to their descendants who continue to live on country. Webcasting Statement Due to the current COVID-19 restrictions this Council Meeting will be online. Pre-registered members of the public who address Council at the Addresses to Council Forum should be aware that their image, and comments will be recorded, and broadcast live from Council's website. It should be noted that the Addresses to Council Forum is held prior to the Council Meeting from 4.30pm to 5.30pm. Council broadcasts live to enhance the accessibility of Council Meetings to the broader Shellharbour City Community. Recordings can be downloaded from Council's website for later viewing. For further information on Privacy refer to Council website. Council accepts no responsibility for any defamatory or offensive statements. Conduct standards for appropriate behaviour during the public address forum is available on Council’s website.

2. Apologies

3. Leave of Absence

4. Confirmation of Minutes

4.1 Ordinary Council Meeting 10 August 2021

That the Minutes of the Ordinary Council Meeting held on 10 August 2021 as circulated be taken as read and confirmed as a correct record of proceedings.

5. Disclosures of Interest

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



6. Condolences

7. Mayoral Statements / Reports / Presentations

8. Mayoral Minutes

9. Councillors' Statements / Reports

10. Reports

10.1 Chief Executive Officer

10.1.1 Local Government NSW Annual Conference 2021 (11720506)

To the Mayor and Councillors Directorate: Chief Executive Officer Group: Council Services Manager: Flora Lepouras – Executive Manager / Public Officer Author: Joanne Frasca – Executive Assistant - Councillor Support

Summary The purpose of this report is to inform Council and the community of the decision made by Local Government NSW to split its annual conference into two components, an Annual Conference on 29 November 2021 and a Special Conference from 28 February - 2 March 2022 and calls on Council to nominate four voting delegates to the conference and proposed motions to be considered for the conference.

Background

As a result of COVID-19 constraints and the further postponement of local government elections, Local Government NSW (LGNSW) will this year truncate the Annual Conference to a one-hour, online event on 29 November 2021, followed by an in person Special Conference from 28 February – 2 March 2022 in Sydney.



While the Special Conference will incorporate the debate and resolution of motions and a range of keynote speakers, the online Annual Conference will be limited to the adoption of standing orders, along with reports from the President and Treasurer. Each year, member councils across NSW submit a range of motions to an Annual Conference conducted by LGNSW. These motions relate to strategic local government issues which affect members state-wide and introduce new or emerging policy issues and actions. Policy motions submitted by member councils are usually debated at each Annual Conference, with resulting resolutions proceeding to help form LGNSW’s advocacy priorities for the year ahead. The unusual circumstances surrounding the 2021 Annual Conference due to the current COVID-19 restrictions mean that on this occasion, motion debate will occur at the LGNSW Special Conference being held from 28 February – 2 March 2022 in Sydney. Council is entitled to up to four voting delegates. Under the Councillor Expenses and Facilities Policy (the Policy), those delegates shall be the Mayor, Deputy Mayor and two other Councillors as resolved by Council. However, notwithstanding that Council elects only four voting delegates, all Councillors are entitled to attend this conference in accordance with the Policy. The Chief Executive Officer or his delegate, and any other relevant staff are also able to attend this conference. Motions All members of LGNSW are invited to submit motions on-line to be considered at the LGNSW Annual Special Conference. Proposed motions should be strategic, affect members state-wide and introduce new or emerging policy issues and actions. When submitting motions, members are encouraged to familiarise themselves with the existing principles and positions of LGNSW on issues of importance to the sector, as members will be asked to identify if their motion is seeking a change to LGNSW’s existing Policy Position. Further information on Motions refer to Attachment 1. LGNSW Special Conference Motions Submission Guide. Deadline for submitting motions Members are encouraged to submit motions online as early as possible to allow assessment of the motions and distribution of the Business Paper before the conference. In line with the LGNSW rules, the latest date motions can be accepted for inclusion in the Conference Business Paper is 12 midnight on Sunday 30 January 2022. If they have a proposed motion, Councillors are asked to provide them to the Chief Executive Officer by close of business Friday, 17 September 2021 to enable Council officers to investigate and to prepare a report for Council’s meeting on 12 October 2021.



LGNSW Board Elections LGNSW and the Australian Electoral Commission (AEC) have advised that the LGNSW Board elections that are ordinarily conducted at the Annual Conference will be held by postal vote for the 2021 LGNSW Annual Conference – Attachment 2. The AEC have advised that due to COVID-19, the ballot cannot be conducted by attendance at the annual meeting of the federal council in accordance with the requirements of Schedule B of the rules of the Organisation. The Returning Officer will conduct the ballot by post in accordance with the requirements of the Schedule C of the rules of the Organisation. Council must advise of the four voting delegates for LGNSW Board positions by 12 October 2021. Financial / Resources Implications Registration for the online Annual Conference on 29 November 2021 is free for all members. Registrations for the Special Conference being held in person from 28 February – 2 March 2022 will open at a later date. This conference per delegate includes registration and accommodation expenses and these expenses are budged and funded each year from the Councillors’ Conferences, Seminars and Training account as well as, in the case for Council staff from operational funds. Legal and Policy implications Councillors are able to attend the conference in accordance with the Policy. Public / Social Impact The LGNSW Annual Conference is the pre-eminent event of the local government year where local councillors get the opportunity to network and share ideas and debate issues that affect local communities and also have the opportunity to put forward motions that specifically affect our community. Link to Community Strategic Plan The Integrated Planning and Reporting suite of documents supports the following Objective and Strategies of the Community Strategic Plan: Objective: 4.1 Led through collaboration Strategy: 4.1.1 Ensure that the Mayor and Councillors are representative of the

community providing strong, innovative and proactive leadership



Consultations

Internal

Nil

External

Nil

Political Donations Disclosure

Not applicable.

Recommendation

That:

1. Council determine the method of election to elect the four voting delegatesto the Local Government NSW Annual Conference being held on-line on 29November 2021.

2. Council nominate its four voting delegates to the Local Government NSWAnnual Conference being held on-line on 29 November 2021.

3. any Councillor who wishes to attend the Local Government NSW AnnualConference being held on-line on 29 November 2021 advise the ChiefExecutive Officer no later than 10 September 2021.

4. Council nominate its four voting delegates for the Local Government NSWBoard Elections 2021 which are to be conducted by postal voting.

5. any Councillor with a proposed motion to the Local Government NSWSpecial Conference, submit this to the Chief Executive Officer by no laterthan 17 September 2021, to allow time for Council staff to investigate thematter, prepare the motion and report back to the 12 October 2021 CouncilMeeting.

End Section

Approved for Council's consideration:

Date of Meeting: 31 August 2021

Attachments 1. LGNSW Special Conference Motions Submission Guide – Page 82. LGNSW Board Election Timetable – Page 17

Flora LepourasExecutive Manager



Attachment 1 – LGNSW Special Conference Motions Submission Guide



Attachment 2 – LGNSW Board Election Timetable



10.1.2 Your Ideas, Our Actions - Fourth Quarter Review of the Delivery Program and Operational Plan 2020-2021 (11721176)

To the Mayor and Councillors

Division: Chief Executive Officer Department: Organisational Performance

Manager: Sharne Colefax – Group Manager Organisational Performance Author: Terri Downton – Organisational Performance Coordinator

Summary

The purpose of this report is to provide an overview of Council’s fourth quarter review progress towards the achievement of the Actions and Key Performance Indicators of the 2020-2021 Delivery Program and Operational Plan for the period 1 April to 30 June 2021.

This quarter review details progress against 145 Actions, of which 92% are progressing in accordance with the agreed timeframes and the remaining 8% are behind schedule. A detailed report of Council's performance is outlined in Attachment 1.

The Actions outlined in the Operational Plan are funded in accordance with Council’s 2020-2021 budget, through the provision of income and expenditure estimates.

Background

In accordance with the NSW Integrated Planning and Reporting (IP&R) framework requirements, Council must have a Delivery Program. The current Delivery Program is a four-year program (2018-2022) identifying specific Strategies Council will undertake on behalf of the community to achieve the Objectives in the Community Strategic Plan (CSP) 2018-2028.

Supporting the Delivery Program is an annual Operational Plan, which is a sub-plan of the Delivery Program. It identifies Actions that Council will undertake within the financial year towards addressing the Strategies in the Delivery Program. Council must have an annual Operational Plan, before the beginning of each financial year, outlining the actions to be undertaken in that year as part of its Delivery Program.

The progress of the Delivery Program and Operational Plan is monitored and reported to Council within two months of the end of each quarter. This ensures that the community receives a timely update on the progress of actions outlined in the Operational Plan.

Financial updates are not included in this report as they will be incorporated into the Annual Report which will be reported in November 2021.



There were several programs and initiatives delivered throughout the quarter, some of the key highlights include:

Community

Youth Festival During Youth Week Council hosted a range of events, activities and workshops for young people in Shellharbour. Over a 3 week period in April, Council presented 53 activities, events and workshops for young people aged between 12 and 24, during the Youth Festival – a combined celebration of the April school holidays and Youth Week. All of the activities were free or subsidised to ensure they were accessible to young people. Young people were given the opportunity to participate in learn to skate workshops, creative art and craft workshops, live music performances and a free skateboarding competition.

The Youth Council provided ongoing consultation and support in the planning and delivering of Youth Week events. One key event was Kiki’s Open Mic Night, which was hosted by Youth Council Member Kiki. The Open Mic Night was a safe space for young people to perform on stage and share their talents with friends, family and other community members, and the event showcased a number of singers and performers.

Hall of Fame Council welcomed five new high achievers to the honourable Hall of Fame in a ceremony hosted on 17 June. The new recipients include inorganic chemistry researcher Harold Goodwin, sprint canoeist David Smith OAM, Baseball player Stuart Thompson and acrobatic gymnasts Maddison Lacey and Caitlin O’Neil.

The Shellharbour City Hall of Fame was established in 1988 as a way to celebrate and recognise individuals within the Shellharbour City Local Area who have made significant achievements and contributions in their field of endeavour. Last year, a permanent Hall of Fame exhibition was installed at Shellharbour Civic Centre to showcase recipients and their outstanding achievements across a diverse range of fields including government, community services, business, the arts, science and sport.

Environment

BioBlitz Council supported Global Citizen Science Month by holding the city’s first ever BioBlitz at Blackbutt Forest Reserve. BioBlitz is a citizen science event, where scientists, naturalists and the community work together to explore an area with the aim of recording as many species as possible over a short time. At the Blackbutt Forest BioBlitz, over 50 people were involved in six three-hour survey sessions on April 10 and 11.

Council facilitated the event in collaboration with the NSW Government’s Saving our Species program, Team Quoll from the University of Wollongong, The Australian Museum and FrogID team, Illawarra Birders and Blackbutt BushCare. Over 100 different species were recorded in the iNaturalist and FrogID apps.



Wild About Shellharbour The annual Wild About Shellharbour Nature Photography competition, encourages residents to explore and discover Shellharbour’s natural environment in celebration of World Environment Day. The 2021 competition was the most successful to date, with over 250 entries received in one of the following three categories: native wildlife, landscapes and native plants, and beaches and waterways.

The winning entries include photos of iconic areas in Shellharbour like Mulangong Falls in Macquarie Pass National Park, and local native wildlife including the unusual Red-fingered Anglerfish found at Bass Point.

A video and online gallery has been created to celebrate the winners and runner ups, and to share the top 60 shortlisted images with the community.

Economy

Aviation Business Park Construction work programs are currently underway within the aviation precinct at Shellharbour Airport, with ground works at the Aviation Business Park set for completion in November. Once completed, the aviation business park will create 20,000m2 of land ready for use by a variety of aviation businesses, significantly expanding the economic potential of the airport. The new business park is part of a $20.35M airport upgrade project designed to grow and foster opportunities for economic development and jobs growth.

To further support future growth at Shellharbour Airport, construction of two additional aircraft parking bays directly outside the new passenger terminal are nearing completion which will enable enhanced handling capabilities of schedule regular passenger transport services.

The Links Mini Golf The new, mini golf facility is expected to generate 30,000 visits annually, this is a scaled down version of a full-size golf course, designed to be played with the same rules as golf. The family friendly experience is designed to be both fun and challenging. It features a course to suit beginners and budding golfers, as well as a one that will test the most experienced golfers.

The Official opening of the Mini Golf Course at The Links, Shell Cove was celebrated on May 23. The Community open day gave customers a chance to try the course and enjoy activities such as inflatables, roaming entertainment and workshops from Shellharbour City Council Youth Services and Nursery.

Leadership

Reconciliation Walk On the 31 May 2021, over 400 students and staff from 27 local schools participated in Shellharbour City’s annual Schools Reconciliation Flag Walk. The walk was led by a Yidaki player, starting at Lake Illawarra Police Citizens Youth Club and finishing up at Pelican View Park.



Aboriginal Elders, civic leaders and school children enjoyed the flag walk, smoking ceremony, traditional dance performances, and special flag exchange to mark the event. Oak Flats Lions Club coordinated a BBQ lunch, with students encouraged to yarn with an Elder over lunch.

Feedback for this event was positive with the day enjoyed by schools and staff. It was encouraging to see this event grow, with attendance figures doubled from 2019 - 2021.

Adoption of Integrated Panning and Reporting Documents Council adopted its 2021-2022 Operation Plan, 2021-2031 Long Term Financial Plan and the 2021-2031 Asset Management Plan. These plans are part of the Integrated Planning and Reporting framework and outline Council’s commitment to achieving the Objectives of the Community Strategic Plan. The plans are Council’s core strategic documents, they set Council’s direction for the upcoming year and the resources required to deliver on them.

Council has proposed to invest $20,901,000 on renewal and $25,911,000 on new projects in 2021/22, covering the wide range of infrastructure within our City. This includes play and fitness equipment, footpaths and shared paths, roads and carparks, sportsfield amenities and stormwater management.

COVID-19 Council’s Response

The last two weeks of this quarter were impacted with the introduction of COVID-19 restrictions. As a result, a large portion of the workforce moved to working from home, which included staff in Customer Service roles, Finance, Planning, Human Resources, Communication, Governance and more. Field-based staff including Parks and Gardens, Civil, Construction and Maintenance crews continued to work under Council’s COVID-19 Management Plan.

The 29 June Council meeting was still able to be publicly viewed. It was conducted online remotely via zoom so that the community had both visual and audio access. Further to this community members were still able to speak at public participation in the same manner.

Work Health & Safety and employees' well-being has been paramount and at the forefront of Council’s plans and approach in responding to the pandemic. A range of engagement, wellbeing and support initiatives were put in place.

Financial / Resources Implications

The Strategies outlined within this report were funded in the 2020-2021 financial year.

Council’s audited financial reports will be incorporated into the Annual Report which will be reported in November 2021.

Legal and Policy implications

Nil



Public / Social Impacts

This report provides the community with an update on both the progress of the achievements of the Strategies outlined in the 2018-2022 Delivery Program and the actions outlined in the 2020-2021 Operational Plan. In doing so, the report provides the opportunity for the community to be able to assess whether it can be satisfied with Council’s progress in achieving the Objectives, Strategies and Actions set out in the Community Strategic Plan, Delivery Program and Operational Plan set for it by the Community and the Councillors.

Link to Community Strategic Plan

The review of both the Delivery Program and Operational Plan supports the following Objective 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

Consultations

Internal

All directorates across Council

External

Nil


Not Applicable

Recommendation

That Council adopt the Your Ideas, Our Actions - Fourth Quarter Review of the Delivery Program and Operational Plan 2020-2021.



Attachments

1. Your Ideas, Our Actions - Fourth Quarter Review of the Delivery Program andOperational Plan 2020-2021 – issued under separate cover

Sharne ColefaxGroup Manager Organisational Performance



10.2 Council Sustainability Directorate

10.2.1 Monthly Investment Report – July 2021 (11719371)

To the Chief Executive Officer

Directorate: Council Sustainability Group: Finance

Manager: Katie Buckman – Chief Financial Officer Author: Lisa McCabe – Senior 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, as well as to seek a resolution to receive and note the report. The report for the month of July 2021 details investment performance against applicable benchmarks, and reviews the compliance of Council's investments with policy and legislative requirements.

As at the end of July 2021, $134,183 of interest revenue has been accrued.

Council is approximately $24,000 ahead of the annual budget forecast of $1,327,429 (forecast = $1,327,429 divided by 12 months and multiplied by 1 month = $110,619).

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 1993, 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, as well as ensuring that Council's liquidity requirements are also being met. To assist with this process, Council consults with its independent investment advisor (Imperium Markets Pty Ltd) prior to any investment being made. Close attention is paid to Council's Investment Policy document.

This report provides details on the performance for the month of July 2021 (Attachments 1 & 2).

The return on investments for the month of July 2021 was 0.14%, or approximately 1.68% when annualised. This compares very favourably with the AusBond Bank Bill Index which was 0.00% for the month of July 2021.




Council is ahead of the annual budget forecast by approximately $24,000 at the end of July 2021. There are additional fair value assessments of Floating Rate Notes, however these amounts are excluded from the Operational Performance Ratio.

Council remains one of the better performing Councils in the state of NSW where term deposits are concerned, earning on average, approximately $700,000 in additional interest income compared to other Councils (based on June 2021 rankings). This rankings analysis carried out on 90 NSW Local Government Council term deposit portfolios is conducted by Council’s independent investment advisors, Imperium Markets Pty Ltd. This analysis has currently ranked Shellharbour City Council’s portfolio as number 5 (based on June 2021 rankings) when analysing the returns generated over the last 12 months.

Legal and Policy Implications

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

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 put to facilities, operations and outcomes for the community.


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


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

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

Consultations

Internal

Nil



External

Imperium Markets Pty Ltd


Not Applicable

Recommendation

That Council receive and note the Investment Portfolio report as at 31 July 2021.



Attachments 1. Council's Investment Portfolio as at 31 July 2021 – Page 292. Council's Investment Portfolio Graphs as at 31 July 2021 – Page 30

Katie BuckmanChief Financial Officer



Shellharbour City Council Investment Report by Investment Strategy as at 31 July 2021

The table below shows the actual performance of Council's investment portfolio. It is provided as required by the Local

Govt (General) Reg 2005 (Cl 212).

Issuer Rating RateOpening Balance

30/06/2021

Closing Balance

31/07/2021

Monthly

MovementMaturity

Cash Funds

Commonwealth Bank AA- 0.20 20,373,468 8,375,400 11,998,068- T

Senior Bonds

Newcastle Permanent BBB 1.44 1,774,955 1,774,705 250- 06/02/2023

Westpac AA- 0.92 2,549,425 - 2,549,425- 16/08/2024

ANZ Bank AA- 0.81 1,524,378 - 1,524,378- 29/08/2024

HSBC AA- 0.86 3,040,131 3,045,117 4,986 27/09/2024

Northern Territory Treasury Corporation AA- 1.20 1,000,000 1,000,000 - 15/12/2025





Northern Territory Treasury Corporation AA- 1.20 - 3,000,000 3,000,000 15/06/2026

Northern Territory Treasury Corporation AA- 1.50 - 5,000,000 5,000,000 15/06/2026

Senior Bond Performance (Excluding sale/maturity of investments) 4,736 *

Term Deposits

Westpac AA- 1.70 1,000,000 1,000,000 - 16/09/2021

Australian Military Bank BBB+ 1.78 2,000,000 2,000,000 - 29/11/2021

Rabobank Australia Branch A+ 3.00 2,000,000 2,000,000 - 13/12/2021

Newcastle Permanent BBB 3.05 1,500,000 1,500,000 - 24/01/2022

Police Credit Union SA Unrated 2.99 1,000,000 1,000,000 - 25/02/2022


AMP Bank BBB+ 2.75 2,500,000 2,500,000 - 11/03/2022

Newcastle Permanent BBB 2.90 3,500,000 3,500,000 - 14/03/2022

St George Bank AA- 2.30 2,000,000 2,000,000 - 04/07/2022

Westpac AA- 1.14 3,000,000 3,000,000 - 05/09/2022


BOQ BBB+ 2.30 2,000,000 2,000,000 - 19/06/2023

Rabobank Australia Branch A+ 3.40 1,000,000 1,000,000 - 04/09/2023

Westpac AA- 0.82 2,000,000 2,000,000 - 04/09/2023

Westpac AA- 0.84 3,000,000 3,000,000 - 07/09/2023

BOQ BBB+ 1.15 2,500,000 2,500,000 - 20/08/2024

NAB AA- 0.94 5,000,000 5,000,000 - 09/09/2024

BOQ BBB+ 1.85 2,000,000 2,000,000 - 13/03/2025

BOQ BBB+ 1.25 1,000,000 1,000,000 - 04/09/2025

NAB AA- 1.08 7,000,000 7,000,000 - 08/09/2025

NAB AA- 1.05 4,000,000 4,000,000 - 18/09/2025

Westpac AA- 0.76 2,000,000 2,000,000 - 18/12/2024

NAB AA- 0.85 3,000,000 3,000,000 - 18/12/2024

NAB AA- 1.00 6,000,000 6,000,000 - 18/09/2025

AMP Bank BBB 0.75 1,000,000 1,000,000 - 30/08/2022

ING Direct A 0.55 2,000,000 2,000,000 - 01/03/2023

Westpac AA- 1.12 2,000,000 2,000,000 - 03/03/2026

NAB AA- 1.25 1,000,000 1,000,000 - 03/03/2026

P&N Bank BBB 1.20 6,000,000 6,000,000 - 03/03/2026

P&N Bank BBB 1.25 3,000,000 3,000,000 - 18/06/2026

Westpac AA- 1.31 3,000,000 3,000,000 - 18/06/2026

Westpac AA- 1.32 5,000,000 5,000,000 - 29/06/2026

P&N Bank BBB 1.20 2,000,000 2,000,000 - 03/03/2026

Westpac AA- 0.56 - 2,000,000 2,000,000 06/07/2023

125,762,357 119,695,222 -6,067,135

* Returns are calculated using a daily time weighted methodology. The performance figures are net of all fees.

* Council 's unrestricted cash balance position as at 30 June 2020 was $22.388M. This will be earmarked for the ongoing budget as part of Council 's financial management strategy.

This will be earmarked for the ongoing budget as part of Council 's financial management strategy.

Total Shellharbour City Council Portfolio

Attachment 1 – Council’s Investment Portfolio as at 31 July 2021



Attachment 2 – Council’s Investment Portfolio Graphs as at 31 July 2021



Counterparty



10.2.2 Deed of Variation of Agreement for Lease and replacement Construction Agreement - The Disability Trust - Lot 180 DP 1230389, 12-14 Adam Murray Way, Flinders (11718348)

To the Chief Executive Officer Directorate: Council Sustainability Group: Business and Investment Manager: Trevor James – Manager Business and Investment Author: Lonell Wicks – Property Management Coordinator

Summary The purpose of this report is to seek Council’s approval to execute a Deed of Variation of Agreement for Lease with The Disability Trust and a replacement of the Construction Agreement for Lot 180 DP 1230389, 12-14 Adam Murray Way, Flinders.

Background Council is the owner of the land situated at 12-14 Adam Murray Way, Flinders as shown in Attachment 1. At its Ordinary Council meeting of 18 May 2021, Council resolved: That: 1. Council approve the assignment of the Agreement for Lease and Construction

Agreement over Lot 180 DP 1230389, 12-14 Adam Murray Way, Flinders from The Kidzwish Foundation Incorporated to The Disability Trust.

2. The Mayor and Chief Executive Officer, or his nominated delegate, be authorised to sign all documentation, including the affixing of the Council Seal associated with the assignment of the Agreement for Lease and Construction Agreement over Lot 180 DP 1230389, 12-14 Adam Murray Way, Flinders from The Kidzwish Foundation Incorporated to The Disability Trust

As a result of The Disability Trust merging with The KidzWish Foundation Incorporated (Kidzwish) from 1 July 2021, and the recent Council resolution, the agreement for lease and construction agreement with KidzWish was transferred to The Disability Trust accordingly. The Disability Trust has since requested a variation to the agreement for lease and a replacement Construction Agreement due to The Disability Trust opting to use a different builder, TDK Corporation Pty Limited, than the builder specified in the current Construction Agreement, Piruse Construction Pty Limited.



The Disability Trust also wishes to extend the Construction Agreement until 30 June 2022, as this is the expected completion date of the construction. Council has been advised that The Disability Trust has committed to the financial completion of the build. The other terms and conditions of the agreement to lease with The Disability Trust remain the same. In summary, the variation amendments include; 1. New Construction Agreement that replaces the builder Piruse Construction Pty

Limited with TDK Corporation Pty Limited. 2. Construction Agreement to be met by 30 June 2022, instead of 24 months from

the date of the granting of Construction Certificate (5 August 2019). 3. Update of The Disability Trust contact details. Financial / Resources Implications All costs associated with Deed of Variation of Agreement for Lease and a replacement of the Construction Agreement will be at the cost of the lessee. Legal and Policy implications The land identified as 12-14 Adam Murray Way, Flinders is owned by Council in fee simple and is classified as operational land in accordance with Sections 25 and 26 of the Local Government Act 1993. In accordance with the terms of the Agreement for Lease, Council’s approval is required to execute a Deed of Variation of Agreement for Lease and replacement Construction Agreement. Council has received legal advice that has been used to inform this report and the recommendations proposed. In accordance with the agreement for lease, the execution of the Deed of Variation of Agreement for Lease and replacement Construction Agreement are only permissible with Council consent. Public / Social Impact The Deed of Variation of Agreement for Lease and replacement Construction Agreement will allow the construction of the community facility to progress. The Disability Trust provide services that help the sick, disabled and disadvantaged patrons of the Illawarra. The Disability Trust are a not-for-profit organisation whose purpose is to partner with people and their communities to support life enhancing opportunities for everyone to live, work and belong in an inclusive world.



This report supports the following strategic priorities and actions of the property strategy: Priority: Assign responsibility and accountability Action: Determine and communicate accountability and report responsibilities

throughout each step of the integrated approach to asset management and planning

Priority: Contribute to economic growth and community well-being Action: Meet service delivery demands by providing fit for purpose assets in optimal locations. Link to Community Strategic Plan This report supports the following objectives and strategies of the Community Strategic Plan: Objective: 2.3 A city that is connected through places and spaces Strategy: 2.3.6 Deliver sustainable whole of life asset management for the

community 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.

Consultations Internal

Executive Manager Property Officer Property Coordinator External

The Disability Trust Legal Advisors Political Donations Disclosure

Not Applicable



Recommendation

That:

1. Council approve the Deed of Variation to the Agreement for Lease andreplacement Construction Agreement over Lot 180 DP 1230389, 12-14Adam Murray Way, Flinders, with The Disability Trust.

2. The Mayor and Chief Executive Officer, or his nominated delegate, be

authorised to sign all documentation, including the affixing of the Council

Seal associated with the Deed of Variation to the Agreement for Lease and

replacement Construction Agreement over Lot 180 DP 1230389, 12-14

Adam Murray Way, Flinders, with The Disability Trust.

End Section



Attachments 1. Aerial Map – Leased Area – Lot 180 DP 1230389, 2-14 Adam Murray Way,

Flinders – Page 37

Trevor JamesManager Business and Investment



Attachment 1 – Aerial Map – Leased Area – Lot 180 DP 1230389, 2-14 Adam Murray Way, Flinders



10.2.3 Creation of Easement over Lot 2 in Deposited Plan 1240742 – Shellharbour Airport (11718292)


Directorate: Council Sustainability Group: Business and Investment

Manager: Trevor James – Manager Business and Investment Author: Amy Celima – Property Officer

Summary

The purpose of this report is to seek Council approval for the creation of an easement for the purpose of gas supply over Council owned land at part Lot 2 in Deposited Plan 1240742, Shellharbour Airport. The easement is required as part of the Shellharbour Airport Redevelopment Project.

Background

Shellharbour City Council is the owner of the land situated at Airport Road, Albion Park Rail being Lot 2 in Deposited Plan 1240742 (“the Property”) where the Shellharbour Airport site is located.

In 2018, Council was granted funding from the NSW State Government for development works at Shellharbour Airport. A portion of the grant funding was for the construction of a business park intended to provide serviced land suitable for leasing, to assist new enterprises to establish operations at Shellharbour Airport. The business park will provide utility services including gas, water and electrical supply.

On 16 October 2020, development consent was granted for the staged construction of an intersection, access road, services and earthworks over the Property. Part of the development consent is for the provision of gas services to the development. This will require the creation of an easement for the installation and maintenance of the gas supply.

A draft survey plan and Section 88B instrument under the Conveyancing Act 1919 have been created and Council authority is required to create the easement before the plan and Section 88B instrument can be lodged at NSW Land Registry Services for registration. The proposed terms of the Section 88B instrument are set out in Attachment 1.

An aerial map showing the proposed location of the easement is shown in Attachment 2.

Council officers have no objections to the creation of the easement which is to protect Jemena Gas Network assets which will provide gas supply to the business park.



This is being referred to Council, as the creation of an easement over Council land requires a resolution of Council.


The creation of easement is valued at approximately $3,000 and would be funded from the Shellharbour Airport Facilities Program budget.


An easement is defined as a right to use the land of another or a right to prevent the owner of that land from using that land in a particular manner.

The easement is attached to the land and registered on title. It continues indefinitely unless and until it is expressly released by the owner of the benefited land or extinguished by the Supreme Court on evidence that it is no longer required.

There are no legal or policy implications. The land identified as Shellharbour Airport is owned by Council in fee simple and is classified as operational land in accordance with Sections 25 and 26 of the Local Government Act 1993.

A Council resolution is required in order to affix the Council Seal.


The provision of gas to the airport precinct is beneficial to Council as the property owner, to occupants/owners or property in the area and members of the broader community who have a need to use the assets and facilities in the area.

This report supports the following strategic priorities and actions of the Property Strategy:

Priority: Promote balance between development and sustainability

Action: Make asset decisions which consider and protect the needs for future generations

Priority: Maximise the service of potential assets:

Action: Improve the management of existing property assets



Objective: 2.3 A city that is connected through places and spaces



Strategy: 2.3.6 Deliver sustainable whole of life asset management for the community


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

Consultations

Internal

Manager Airport Senior Design Engineer Property Management Coordinator

External

Nil


Not Applicable

Recommendation

That:

1. Council approve the creation of easement for gas supply encumbering partLot 2 in DP 1240742 being Shellharbour Airport in favour Jemena GasNetworks (NSW) Ltd (ACN 003 004 322).

2. The Mayor and Chief Executive Officer, or his nominated delegate, beauthorised to sign any documentation associated with the creation of theeasement for gas supply over Lot 2 in DP 1240742 Shellharbour Airport,under Council Seal, if required.

End Section



Attachments 1. Draft Section 88B Instrument for Easement – Lot 2 DP 1240742 – Page 412. Aerial map showing location of the easement – Lot 2 DP 1240742 – Page 47




Attachment 1 - Draft Section 88B Instrument for Easement – Lot 2 DP 1240742



Attachment 2 – Aerial map showing location of the easement – Lot 2 DP 1240742



10.2.4 Proposed New Lease – Total Aerospace Solutions Pty Limited - Lot 2 DP 1092398 - 2/32 Airport Road, Albion Park Rail - Shellharbour Airport (11718328)

To the Chief Executive Officer Directorate: Council Sustainability Group: Business and Investment Manager: Trevor James – Manager Business and Investment Author: Lonell Wicks – Property Management Coordinator

Summary The purpose of this report is to seek Council approval to enter into a new lease with Total Aerospace Solutions Pty Limited for one year, with a further one year option, for the land and hangar identified as Lot 2 DP 1092398, 2/32 Airport Road, Shellharbour Airport. Background Total Aerospace Solutions Pty Limited (Total Aerospace Solutions) has been the occupant of Lot 2 DP 1092398 since June 2011. The lease area is 1,247 m², which includes a hangar (426m²), identified in Attachment 1. At the expiration of the original lease on 17 April 2018, Council agreed to the lessee’s request that the lease remain on a holding over period due to operational uncertainties at that time. All lease terms remained in effect during the holding over period. During occupation of their current lease, Total Aerospace Solutions has complied with all terms of the lease. Ongoing discussions between Council Property staff, the Airport Manager and Total Aerospace Solutions have resulted in an agreement, subject to Council resolution, to enter into a new lease for a term of one-year, with an option to renew for a further one-year period. This short-term lease period will accommodate operational requirements of the lessee and future development opportunities for the airport. Financial / Resources Implications An independent valuation has been undertaken by a registered rent valuer on the Council’s pre-approved panel. Total Aerospace Solutions has agreed to the recommended market rent amount in the valuation. Lease Area: 1,247 m² inclusive of hangar and ground floor office, Lot 2 DP

1092398 2/32 Airport Road, Albion Park Rail, Shellharbour Airport.



Terms: one year with an option of a further one-year period. Annual Rent: Commencement rent of $28,000, per annum ex GST. This

amount is consistent with an independent valuation that was undertaken for the land and hangar.

Rent Review: Consumer Price Index (CPI) to be applied annually. Outgoings: 100% Lessee responsibility. Permitted Use: Aircraft hangar for aircraft maintenance and modifications. Total Aerospace Solutions will be responsible for all costs associated with the preparation of lease agreement in accordance with Council’s fees, charges and the policy titled Leasing and Licensing on Council Public Land and Buildings. Legal and Policy implications The land identified as airport land is owned by Council in fee simple and is classified as operational land in accordance with Sections 25 and 26 of the Local Government Act 1993. A Council resolution is required to affix the common seal of the Council. Public / Social Impact The approval of the new lease to Total Aerospace Solutions will enable the continuation of services to the local community. Total Aerospace Solutions carries out aircraft fitout works and is presently contracted to undertake works for the Royal Flying Doctor Service. These works involve the design, manufacture and installation of modular aeromedical fitouts for B200 King Airs at Shellharbour Airport. The modular fit-out of the aircraft provides a comprehensive intensive care level capability. During occupation of their current lease, Total Aerospace Solutions has complied with all terms of the lease. This report supports the following strategic priorities and actions of the property strategy: Priority: Assign responsibility and accountability Action: Determine and communicate accountability and report responsibilities

throughout each step of the integrated approach to asset management and planning

Priority: Contribute to economic growth and community well-being Action: Meet service delivery demands by providing fit for purpose assets in optimal locations



Link to Community Strategic Plan This report supports the following objectives and strategies of the Community Strategic Plan: Objective: 2.3 A city that is connected through places and spaces Strategy: 2.3.6 Deliver sustainable whole of life asset management for the

community 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.


Manager Airport

Property Officer Property Coordinator External

Total Aerospace Solutions Pty Limited PJC Property Services (Valuer) Political Donations Disclosure

Not Applicable

Recommendation

That: 1. Council enter into a new lease agreement with Total Aerospace Solutions

Pty Limited for Lot 2 DP 1092398 2/32 Airport Road, Albion Park Rail, Shellharbour Airport for one year period with an option of a further one year period, on the basis of annual rent of $28,000 excluding GST per annum, subject to CPI annually.

2. The Mayor and Chief Executive Officer, or his nominated delegate, be

authorised to sign all documentation, including the affixing of the Council Seal associated with the lease agreements with Total Aerospace Solutions Pty Limited for Lot 2 DP 1092398 2/32 Airport Road, Albion Park Rail, Shellharbour Airport.





Attachments 1. Proposed Lease Area – Lot 2 DP 10292398 – 2/32 Airport Road, Albion Park Rail

– Shellharbour Airport – Page 52




Attachment 1 – Proposed Lease Area Lot 2 DP 10292398 – 2/32 Airport Road, Albion Park Rail – Shellharbour Airport



10.2.5 The Waterfront Shell Cove Land Purchase Option No. 10 – Boat Maintenance Facility (11720243)


Directorate: Council Sustainability Department: Shell Cove

Manager: Wayde Peterson – Executive Manager Shell Cove Author: Kevin James – Manager Shell Cove

Summary

The purpose of this report is to seek Council's resolution to exercise its first-purchase rights (under the Shell Cove Management Agreement (Management Agreement)) to the commercial lot located in Precinct A of The Waterfront Shell Cove for the development of the Boat Maintenance Facility (BMF) for $2.3M (excluding GST). The BMF is included in the Shell Cove Strategic Business Plan endorsed by Council.

Background

Under the Management Agreement between Council and Australand (part of Frasers Property Group) for the Shell Cove Project, there is a required stepped process regarding the selling of any of the lots subdivided within the Harbour Land (which is defined to be the land around the Shell Cove Harbour commonly known as 'The Waterfront, Shell Cove'). At the time that the Shell Cove Management Committee (Committee) determines to sell specific land, the stepped process is to offer the land lot to:

1. Council – as a first-purchase right.2. Australand – as a second-purchase right.3. Public – otherwise, and can be vacant land or built form as determined by the

Committee.

If Council exercises its first–purchase right for a particular lot, then it must pay the full market price into the Trust Fund for the Project. Upon payment, the lot is released from the control of the Project and the provisions of the Management Agreement.

Council approved the Shell Cove Strategic Business Plan at its meeting on 23 July 2019 (public version on 24 September 2019). The development of the BMF by Council is outlined as part of the Marina Development Stream within the Business Plan.

The BMF is to be commonly called The Boatyard and is to be constructed on the registered Lot 1061 DP 1253523 within Precinct A of The Waterfront – see Attachment 1 for the location of the land. The BMF is to be developed for commercial purposes and primarily consists of:



Boat maintenance, service and repair area.

Boat dry-stack storage facility, including a racking system for approximately upto 120 boats, and where a boat is moved into and out of the water via a forklift.

Underground fuel storage tanks.

Potential marine related and other retail space.

Associated offices, work buildings and car parking.

The BMF will be a Council owned facility that is operated under the Lease for the Shellharbour Marina. The BMF will increase the market penetration of the Shellharbour Marina by adding boat maintenance, related services and dry boat storage (a more cost effective option than a wet mooring in the Marina). Also, the BMF will generate an additional ongoing source of revenue to Council that will continue to benefit the Shellharbour community long into the future.

As required under the Management Agreement, a market valuation report was obtained by the Committee and it has valued Lot 1061 DP 1253523 at $2.3M (excluding GST). The Committee supported the valuation and agreed to the sale price.


The $2.3M (excluding GST) sale price of Lot 1061 DP 1253523 is within the allocation included in the 2021 – 2022 Capital Works Program, adopted by Council on 29 June 2021.

The purchase is to be funded from loan borrowings as approved by Council at its meeting on 29 June 2021.

Legal & Policy Implications

Council’s ability to purchase the land for the BMF is provided under clause 13 of the Shell Cove Management Agreement (as amended). The development of the BMF is subject to statutory approvals and is separate to the recommendations of this report.


Whilst the purchase of the BMF land will have no direct public and social impact, the development of the BMF supports the Shellharbour Marina Lease and the strategic business outcomes included in the Shell Cove Strategic Business Plan. The strategic outcomes are expected to provide material benefit for Marina users, boat owners and the broader community, including the jobs and economic benefits generated by the BMF’s construction and operation.





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

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

Consultations

Internal

Director Amenity and Assets Chief Financial Officer Manager Financial Services

External

Shell Cove Management Committee Walsh and Monaghan Pty Ltd


Not applicable.

Recommendation

That Council:

1. exercise its first-purchase of Harbour Land right under the Shell CoveManagement Agreement for Lot 1061 DP 1253523 (the Boat MaintenanceFacility land) and, thereby, retain the commercial lot in Precinct A; and

2. transfer the amount of $2,300,000 (excluding GST) into the Shell Cove TrustFund.



Attachments 1. Location Plan of Lot 1061 DP 1253523 – the BMF land – Page 56

Wayde PetersonExecutive Manager Shell Cove



Attachment 1 – Location Plan of Lot 1061 DP 1253523 – the BMF land



10.2.6 Shell Cove Subdivisions (11719905)


Directorate: Council Sustainability Group: Shell Cove

Manager: Wayde Peterson – Executive Manager, Shell Cove Author: Kevin James – Manager Shell Cove

Summary

The purpose of this report is to seek a Council resolution to affix the Seal on plans and documents for the upcoming Shell Cove subdivisions involving a boundary adjustment for Bass Point Tourist Road and a road extension to Aquatic Drive.

Background

In order to have the subdivision plans proposed in this report registered at NSW Land Registry Services, Council will need to sign the Plans and the 88B Instruments as the owner of the land under its Seal.

A resolution of Council is required under The Local Government (General) Regulation 2005 to affix its Seal to a document.

The Shell Cove subdivisions are:

Precinct A Boundary Adjustment

The Project is undertaking a boundary adjustment of the lots involved with the construction of the Bass Point Tourist Road upgrade so that the new road alignment is contained wholly within a lot. Council, at its meeting on 20 July 2021, accepted Tender 2021/34 for the road renewal construction and the boundary adjustment process can now proceed. It involves a subdivision plan to create 3 lots from the 3 current lots – Lots 9002 and 9003 DP1254656, and Lot 1092 DP1254727 – see Attachment 1 for its location.

Precinct E3 (Wetland #6 & Aquatic Drive)

The Project is currently undertaking the construction of Wetland #6 and the extension of Aquatic Drive. The subdivision plan is to create 1 lot for the Wetland and to dedicate the new road as public road – see Attachment 2 for its location. The land to be subdivided is Lot 5074 DP1238340.


It is considered that there are no implications as a consequence of this report.




In order to have a subdivision plan registered at NSW Land Registry Services, Council is required to sign the Plan and the 88B Instrument as the owner of the land under its Seal.

The Local Government (General) Regulation 2005, Section 400(4) states that the seal of a council must not be affixed to a document unless the document relates to the business of the council and the council has resolved (by resolution specifically referring to the document) that the seal be so affixed.


The progression of the subdivisions included in this report will advance the completion of the associated infrastructure works and this will provide positive impacts for the community including enabling public access and movement on the renewed Bass Point Tourist Road and Aquatic Drive.



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

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

Consultations

Internal

Nil

External

Australand Corporation (NSW) – part of Frasers Property Group


Not Applicable



Recommendation

That Council authorise the Mayor and the Chief Executive Officer, or his nominated delegate, to sign under Council Seal:

1. the Subdivision Plan, 88B Instrument and any associated documents forthe subdivision of Lots 9002 and 9003 DP1254656, and Lot 1092 DP1254727(Precinct A Boundary Adjustment).

2. the Subdivision Plan, 88B Instrument and any associated documents forthe subdivision of Lot 5074 DP1238340 (Precinct E3 (Wetland #6 & AquaticDrive).

End Section



Attachments 1. Location Plan of Precinct A Boundary Adjustment – Page 602. Location Plan of Precinct E3 (Wetland #6 & Aquatic Drive) – Page 61

Wayde PetersonExecutive Manager Shell Cove



Attachment 1 – Location Plan of Precinct A Boundary Adjustment



Attachment 2 – Location Plan of Precinct E3 (Wetland #6 & Aquatic Drive)



10.3 Community and Customers Directorate

10.4 Amenity and Assets Directorate

10.4.1 Tender 2021/31 - Shellharbour City Council Design Panel – Civil (11720697)

To the Chief Executive Officer Directorate: Amenity and Assets Group: Asset Strategy Manager: Adam De Clouett – Acting Group Manager Asset Strategy Author: Nathan McColl – Senior Design Engineer

Summary The purpose of this report is to inform Council of the tender process undertaken to establish a panel of design consultants to be used for undertaking design of civil and civic infrastructure. Additionally, this report requests that Council endorse the establishment of the panel and authorises the Chief Executive Officer or his delegate to sign the Design Panel Deeds and associated documents and authorise the Chief Executive Officer or his delegate to execute contracts and associated documents for work procured from the panel.

Background A design panel is to be established to allow Council to efficiently procure design services from competent and qualified design consultants. The panel will be utilised to procure design services for civil infrastructure projects such as stormwater, roads, paths, and carparks. The design panel is to be established for a period of two years with the option to extend by one year at the discretion of Council. Creation of a panel of design consultants will allow Council to effectively and efficiently respond to fluctuations in the Capital Works Program brought on through grant funding. The 2019/2020 and 2020/2021 capital works program was enhanced by $7M and $12M in grant funding respectively, with $14M expected in the 2021/2022 program. The design panel will assist Council in responding to these works and meeting ran funding deadlines. The panel will also assist in and procuring expert services for unique capital works where Council does not possess the skillset to undertake the designs. The tender for inclusion in the Shellharbour City Council Design Panel - Civil (the Panel) was advertised on 8 June 2021 via open tender. The request for open tenders closed on 29 June 2021.



Twenty-two tender submissions were received and reviewed by the Tender Assessment Panel (TAP) in accordance with Council’s Procurement Policies and Procedures. The twenty-two submissions were received from the companies outlined in Table 1. Table 1: Tender submissions received (in alphabetical order)

Barker Ryan Stewart Pty Ltd

Building and Construction Research and Consulting (BCRC) Pty Ltd

Cardno NSW/ACT Pty Ltd

Complete Urban Pty Ltd

Douglas Partners Pty Ltd

Elevate Consulting Engineers

Footprint NSW Pty Ltd

GHD Pty Ltd

H&H Consulting Engineers Pty Ltd

Hugh Bahnert (South Consulting Engineers) Sole Trader

Indesco Pty Ltd

JHK and Associates Pty Ltd

JJ Ryan Consulting Pty Ltd

Jones Nicholson Pty Ltd

LandTeam Australia Pty Ltd

Leckering Pty Ltd T/A MIEngineers

Makereng Pty Ltd

Optimal Stormwater Pty Ltd

SLR Consulting Australia Pty Ltd

The Trustee for Talis Unit Trust (Talis Consultants)

TTW NSW PTY LTD

Westlake Punnett & Associates Pty Ltd

The TAP reviewed each submission for compliance with the conditions of tender. Each submission that progressed through to assessment, see Table 3, was found to be compliant with the Conditions of Tender. Submissions which did not comply with the Conditions of Tender were discounted from the assessment. The tender assessment scoring was based on 100% non-price criteria. The tenders were evaluated against criteria covering relevant experience of the company, experience and qualifications of key people and design management processes. The Conditions of Tender outlined that each tender would be placed into one of three tiers based on the scoring of the tender submission. Each tier relates to a maximum contract threshold for any one engagement that is commensurate to the tender's capability as assessed by the TAP based on the tender submission received. Establishment of tiers assists with setting clear expectations relating to future engagements and aids Council in managing risk. The criteria for the design panel tiers are outlined in Table 2.



Table 2: Design Panel Tiers

Tier 1 Tier 2 Tier 3

Maximum Contract Value

Unrestricted $100,000 $50,000

The consultants to be included in the Panel and the corresponding panel tiers are detailed in Table 3. Table 3: Shellharbour City Council Design Panel – Civil

Tier Applicant

1

Barker Ryan Stewart Pty Ltd

Complete Urban Pty Ltd

GHD Pty Ltd

H&H Consulting Engineers Pty Ltd

Indesco Pty Ltd

JJ Ryan Consulting Pty Ltd

Jones Nicholson Pty Ltd

MakerEng Pty Ltd

SLR Consulting Australia Pty Ltd

The Trustee for Talis Unit Trust (Talis Consultants)

2

Footprint NSW Pty Ltd

LandTeam Australia Pty Ltd

Leckering Pty Ltd T/A MIEngineers

Hugh Bahnert (South Consulting Engineers) Sole Trader

Westlake Punnett & Associates Pty Ltd

3

Elevate Consulting Engineers Pty Ltd

JHK and Associates Pty Ltd

Optimal Stormwater Pty Ltd

TTW NSW Pty Ltd

All panel members are required to enter into a Deed of Agreement with Council. The Deed outlines the conditions on which an engagement from the Panel may be made, conditions for removal from the panel and general management of the Panel. Individual engagements from the Panel will be made in accordance with Council’s existing Procurement Policies and Procedures. Panel members (all or a selection) will be invited to provide a fee proposal for a scope of works. Proposals will be assessed and the offer that provides the greatest advantage to Council will be accepted and an engagement made. Financial / Resources Implications By entering to the Deed of Agreement with panel members for the Panel Council is not committing to any expenditure.



All works procured through the design panel will be done as needed and, on a case-by-case basis. All procurements from the panel will be done in accordance with Council’s Procurement Policies and Procedures. Acceptance of engagements over $500,000 inclusive of GST are to be delegated to the Chief Executive Officer. Legal and Policy implications The Tender process has been undertaken in accordance with the Local Government Act, Local Government (General) Regulation 2005 (NSW), Part 7 Tendering and Council’s Procurement Policy. Applicants will enter into a Deed of Agreement with Council which outlines the requirements of the design panel and the obligations of both parties when procurement is made from the Panel. All engagements made under the Panel will be made on terms based on the NSW Government’s consultancy services for construction over $30,000 in a standard form of contract. The contract is designed for government agencies to manage design contracts valued at over $30,000. The consultancy services for construction over $30,000 standard form of contract template is available on the NSW Government website. The proposed contract conditions contain no confidential conditions that prohibit release of information relating to the contract with Council Public / Social Impact Establishment of a design panel will ensure designs for civil infrastructure are undertaken by competent and skilled consultants. Establishment of the Panel will assist in delivering the capital works program within the programmed delivery timeframes. Link to Community Strategic Plan This report supports the following objectives and strategies of the Community Strategic Plan: Objective: 3.1 Plans, builds and manages infrastructure for the community Strategy: 3.1.1 Provide the community with a range of infrastructure delivered in a

sustainable manner


Procurement Officer

Senior Asset Engineer



External

Nil


Not Applicable

Recommendation

That Council:

1. In accordance with Clause 178 of the Local Government (General)Regulation 2005 (NSW), accept the tenders from the organisations listed inTable 4 of this report and endorse the establishment of the ShellharbourCity Council Design Panel – Civil; and

2. Authorise the Chief Executive Officer, or his nominated delegate, toapprove procurements from the Shellharbour City Design Panel - Civil,execute contracts, authorise variations and associated documents onbehalf of Council.

End Section



Attachments Nil

Adam De ClouettActing Group Manager Asset Strategy



11. Committee Recommendations

11.1 Recommendations from the Aboriginal Advisory Committee Meeting held on 3 August 2021 recommended for adoption.

That the Recommendations from the Aboriginal Advisory Committee Meeting held on 3 August 2021 be adopted.

11.2 Recommendations from the Traffic Committee Meeting held on 4

August 2021 recommended for adoption.

That the Recommendations from the Traffic Committee Meeting held on 4 August 2021 be adopted.

12. Items for Information

12.1 Item for Information - Responses to Questions on Notice (11719863)

12.1.1 Question Taken on Notice Council Meeting 10 August 2021 – Item 10.3.3 Temporary Suspension of Prohibited Zone in Blackbutt Forest Reserve during Council Events (11707130). Councillor Marsh asked if she could have an update on the Fox Eradication Program. The Chief Executive Officer took the question on Notice. Response The fox eradication program commenced in June 2020 and has targeted the following Council owned and managed locations on a monthly basis since the program began:

Dunmore Waste facility

Blackbutt Forest

Shellharbour Beachside Caravan Park, and

The Knoll, Shell Cove. The current program is due to be finalised at the end of September 2021. A number of different strategies have been undertaken by a specialist private contractor involving trapping, baiting and ground shooting, dependent on the location. The program has had a very successful outcome at Dunmore Waste Facility with the highest numbers of pest animals eradicated including deer, foxes, cats and rabbits. Local Land Services (LLS) are also attending and participating in the eradication of pests at this site.



Local Land Services are a State Government agency who provides advice to help landowners control pest species, and the removal of foxes from the landscape is an important part of their operations. Most fox control programs are coordinated in association with LLS and may involve local landholder groups, Landcare or other organisations. The remainder of the sites have been trapping sites where a number of different strategies have been implemented over the past 12 months. Strategies included various baits, trap placement and different durations between trapping, monitoring and re-baiting. Traps were baited and visited throughout the weeks to check if a pest animal had been trapped. Although successful in trapping a number of foxes within the program, trapping remains extremely challenging, with traps being stolen and necessary safety precautions being required in locations with high visitation limiting the ability to use other methods of eradication. Council has recorded a minimal number of customer complaints in relation to foxes and other pests during this period and discussions with Shellharbour Beachside Holiday Park indicate that they have not sighted a fox within months, which is also evident as the baits have not been eaten. Council staff are reviewing the program to determine whether to continue with the private contractor or to return the issue to Local Land Services who are tasked with the management of pest eradication more broadly within the Local Government Area. Responsible Manager: Mark Miller Manager Regulation and Compliance

Date of Meeting: 31 August 2021 12.1.2 Question Taken on Notice Council Meeting 10 August 2021 – Item 10.3.3 Temporary Suspension of Prohibited Zone in Blackbutt Forest Reserve during Council Events (11707130) Councillor Moran asked if staff could indicate if there are any private events under development application held in the forest and if there are, or if there are in the future, if the owners of those proposed events would be able to seek Council’s suspension of the alcohol prohibited status of this park for the duration of their events if circumstances were appropriate. The Chief Executive Officer took the question on Notice. Response There have been no Development Applications submitted to Council for private events on land within Blackbutt Reserve.



In any event, a temporary suspension of an alcohol-free zone can be applied for under Section 645 of the Local Government Act 1993 following Council resolution before any event. The process would require Council to liaise with Lake Illawarra Police Department and undertake any other consultations that is required. The Council would then have to pass a resolution to suspend a particular Alcohol-Free Zone and publish the notice of suspension in the local paper. Temporary signage would need to be provided to cover all Alcohol-Free Zone signage in the area. Council has previously suspended Alcohol-Free and Prohibited Zones in 2015 for the Sunset Food and Wine Markets at Reddall Reserve, Lake Illawarra; and in 2016 for Le Flaneur’s Little Artisan Markets at Little Park, Shellharbour. Responsible Manager: Bonnie Hittmann Manager Community Life




13. Notices of Rescission/Alteration Motions

Nil

14. Notices of Motion

14.1 Notice of Motion submitted by Cr Kellie Marsh: Bulky Kerbside Collection (11720808)

Notice of Motion:

That a report be provided to Council on costing and availability for a one off bulky kerbside collection, to be conducted prior to November. The report is to include COVID-19 considerations, promotion, collections, landfilling and recycling of the collected material.

Cr Kellie Marsh




14.2 Notice of Motion submitted by Cr Kellie Marsh: Naming the Visitor Information Centre at Shell Cove after Diane Johnston (11724802)

Notice of Motion:

That Council name the new Visitor Information Centre which will be inside the Waterfront Centre at Shell Cove after Diane Johnston. The proposed name would be The Diane Johnston Shellharbour Visitor Information Centre. This would be in recognition of the significant contribution Diane made to tourism in Shellharbour and the broader Illawarra and South Coast regions.

Cr Kellie Marsh


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

15.1 Question on Notice submitted by Cr Kellie Marsh (11725888)

Question on Notice:

Could Councillors please be advised on what have been the changes within the Governance function of the Council over the last three years?

Cr Kellie Marsh




16. Urgent Business

17. Consideration of Motions to Declassify Reports Considered in ClosedSession

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

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

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