AGENDA - cdn.shellharbour.nsw.gov.au · 10/29/2019 · the Land on which we are meeting and pays...

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 29 October 2019 Business Paper

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 29 October 2019

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

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

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

4. Confirmation of Minutes ................................................................................... 44.1 Ordinary Council Meeting 8 October 2019 ..................................................................... 4

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

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

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

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

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

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

10.1 General Manager ............................................................................................... 4

10.2 Council Sustainability Directorate ................................................................... 4

10.2.1 Monthly Investment Report - September 2019 (11320763) ............................................. 5 10.2.2 Sale of property at 47 Roper Road, Albion Park (11320956) ........................................ 11 10.2.3 Lease Agreements - Airspace at 33 Wentworth Street, Shellharbour and 23

Addison Street, Shellharbour (11324879) ..................................................................... 15

10.3 Community and Customers Directorate........................................................ 20

10.3.1 Appointment of Community Representatives to the Australia Day Advisory Committee (11320508) ................................................................................................ 20

10.3.2 Sponsorship Applications - Second Allocation 2019/20 (11320505) .............................. 28

10.4 Amenity and Assets Directorate .................................................................... 34

10.4.1 Council Report - Tender 2019/39 Hargraves Avenue and Boomerang Avenue Upgrade (11320652) ....................................................................................... 34

10.4.2 Contract 2019-53 Shellharbour Airport design and construction of the new Airport Terminal and associated works (11311444) ...................................................... 38

10.4.3 Amendments to the Fee Reduction - Dunmore Recycling and Waste Disposal Centre Policy (11320696) .............................................................................. 44

11. Committee Recommendations ....................................................................... 5511.1 Recommendations from the Traffic Committee Meeting held 2 October

2019 recommended for adoption. ................................................................................. 55

12. Items for Information ...................................................................................... 55



13. Notices of Rescission/Alteration Motions ..................................................... 55

14. Notices of Motion ............................................................................................ 5514.1 Notice of Motion submitted by Cr Peter Moran: Lot 8, DP 244972 and part

of Lot 1, DP 260523, Macquarie St, Albion Park ........................................................... 55

15. Questions on Notice (must be submitted in writing) ................................... 56

16. Urgent Business .............................................................................................. 56

17. Confidential Business (Committee of the Whole in ClosedSession) ........................................................................................................... 56

17.1 General Manager's Performance - Twelve Month Review 2018/19 (11320065) .................................................................................................................. 56

18. Committee of the Whole in Closed Session (Closed to thePublic): Adjournment ..................................................................................... 57

19. Committee of the Whole in Closed Session: Consideration ofAdoption of Decisions Reached in Closed Session.................................... 57

20. Consideration of Motions to Declassify Reports Considered inClosed Session .............................................................................................. 57



1. Acknowledgement to Country

Shellharbour City Council acknowledges the Traditional Owners and Custodians of the Land on which we are meeting and pays its respects to Elders past, present and emerging.

Webcasting and Emergency Plan Statement

Pre-registered members of the public who address Council at the Addresses to Council Forum and those who attend Council Meetings should be aware that their image, and comments will be recorded, and broadcast live from Council's website.

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Council accepts no responsibility for any defamatory or offensive statements. Members of the gallery should also refer to the Public Gallery Conduct Standards, for appropriate standards of behaviour during Council Meetings.

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In the event of an emergency, please evacuate the building using the nearest exit and follow the instructions given by the wardens. Do not use the lifts.

2. Apologies

3. Leave of Absence



4. Confirmation of Minutes

4.1 Ordinary Council Meeting 8 October 2019

That the Minutes of the Ordinary Council Meeting held on 8 October 2019 as circulated be taken as read and confirmed as a correct record of proceedings.

5. Disclosures of Interest

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

6. Condolences

7. Mayoral Statements / Reports / Presentations

8. Mayoral Minutes

9. Councillors' Statements / Reports

10. Reports

10.1 General Manager

10.2 Council Sustainability Directorate



10.2.1 Monthly Investment Report - September 2019 (11320763)

To the General Manager Directorate: Council Sustainability Group: Finance

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

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

The budget forecast for interest on investments to 30 June 2020 is $2.467M. As at the end of September 2019, $686K of interest revenue has been accrued. Council is ahead of the budget forecast up until the end of September by approximately $69K (forecast = $2.467M divided by 12 months and multiplied by 3 months = $617K).

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

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

This report provides details on the performance for the month of September (Attachments 1 & 2). The return on investments for the month of September was 0.22% or when annualised approximately 2.64%. This portfolio return for September compares favourably with the AusBond Bank Bill Index of 0.08% for the month and 0.96% when annualised. The portfolio year to date has returned 0.68%, which when annualised equates to 2.72%.



Financial / Resources Implications

Council is currently ahead of the budget forecast up to the end of September 2019 by approximately $69K. There are additional fair value assessments of Floating Rate Notes (FRNs), however these amounts are excluded from the Operational Performance Ratio.

The forecast budget for interest on investments will be reviewed as part of the September Quarter Budget Review.

Legal and Policy implications

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

The Investment Policy is currently being reviewed by Finance staff. Any proposed changes will be reported to Council for consideration in the coming months.

Public / Social Impact

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

Link to Community Strategic Plan

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

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

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

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

Consultations Internal Nil



External Imperium Markets Pty Ltd

Political Donations Disclosure Not Applicable.

Recommendation That Council receive and note the attached Investment Portfolio report as at 30 September 2019.

End Sec ti on

Approved for Council's consideration:

Date of Meeting: 29 October 2019

Attachments 1. Council's Investment Portfolio as at 30 September 2019 – Page 82. Council's Investment Portfolio Graph as at 30 September 2019 – Page 9

Gary GranthamChief Financial Officer



Attachment 1 - Council's Investment Portfolio as at 30 September 2019



Attachment 2 - Council's Investment Portfolio Graph as at 30 September 2019



10.2.2 Sale of property at 47 Roper Road, Albion Park (11320956)

To the General Manager Directorate: Council Sustainability Group: Finance

Manager: Gary Grantham – Chief Financial Officer Author: Carla Mete – Senior Rates Officer

Summary The purpose of this report is to seek Council’s endorsement to sell the property at 47 Roper Road, Albion Park under Section 713 of the Local Government Act (1993), and for the sale process to be managed by Council’s debt recovery agency.

The property is currently $20,162.19 in arrears with the last rates payment received by Council on 23 June 2011 for the amount of $26.39.

All other appropriate debt recovery options have been exhausted, and as a consequence there is an inability to recover any of the amounts outstanding as well as future rates and charges for this property.

Background The property at 47 Roper Road, Albion Park has outstanding rates and charges totalling $20,162.19, with the last payment being received by Council on 23 June 2011 for an amount of $26.39. The ratepayer is being charged interest on the outstanding rates and charges amount as per Council’s Fees and Charges.

In addition to the outstanding rates and charges, there is also a sundry debtor account exceeding $5,000 associated with Council clean-up of the property.

Further details regarding the history of this property and the associated ratepayer has been included in confidential attachments 2 & 3.

Section 713 of the Local Government Act 1993 allows a Council to sell any land, where any Rate or Charge remains unpaid for a period of more than 5 years from the date it was due for payment.

Attachment 1 includes a diagram outlining the process as required by the act and some draft timeframes.

Council’s debt recovery agency, Outstanding Collections (Aust) Pty Ltd has assisted a number of Councils with these types of processes previously and is recommended to be engaged to manage this process for Council.




Council has exhausted all other appropriate debt recovery options to date. Without the action outlined in this report, it is expected all outstanding invoices will remain unpaid along with all future rates and charges issued for the property.


Section 713 of the Local Government Act 1993 allows for the sale of land for unpaid rates and charges if they are more than 5 years old. The property at 47 Roper Road, Albion Park has not received a payment since 23 June 2011.

Section 6.5 of Council’s Rates Policy advises that Council refrains from taking legal action for the recovery of pensioner rate debts. Council has not received a pensioner application from the owner of the associated property.

The Rates Policy identifies the sale of land as one of the options for the recovery of outstanding rates and charges.


The confidential attachments include information regarding the current situation of the ratepayer who owns the property. It is believed this action will have a number of positive public impacts.

The public will have the opportunity to purchase the property as part of the sale process.




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 Accounts Receivable Officer



External Outstanding Collections (Aust) Pty Ltd

Political Donations Disclosure Not applicable.

Recommendation That:

1. Council, pursuant to Section 713 and other relevant sections of the LocalGovernment Act 1993, endorse the sale of 47 Roper Road, Albion Park ata public auction.

2. Outstanding Collections (Aust) Pty Ltd be appointed to administer thesale of 47 Roper Road, Albion Park on Council’s behalf.

3. Council delegate authority to the General Manager to take the followingactions in relation to the proposed sale of 47 Roper Road, Albion Park:a. To set the reserve price for the property at auction.b. To withdraw from sale the property, prior to the commencement of

the auction, if all rates and charges payable (including overdue ratesand charges) are paid in full.

c. To negotiate by private treaty and accept offers for sale of theproperty if it fails to sell at auction.

4. the Mayor and General Manager, or his nominated delegate, be authorisedto sign any documentation associated with the sale of 47 Roper Road,Albion Park under Council’s Seal.

5. Council reserves the right to withdraw the property from sale for technicalor legal reasons.

nd Se cti on



Attachments 1. Outstanding Collections – S713 Sale Timeline – Page 142. Confidential Attachment – Outstanding Collections – Debtor Field Call Report

(issued under separate cover)3. Confidential Attachment – Debt Recovery Report (issued under separate cover)

Gary GranthamChief Financial Officer



Attachment 1 – Outstanding Collections – S713 Sale Timeline



10.2.3 Lease Agreements - Airspace at 33 Wentworth Street, Shellharbour and 23 Addison Street, Shellharbour (11324879)

To the General Manager Directorate: Council Sustainability Group: Business and Investment

Manager: Marcello Chiodo – Acting Director Council Sustainability Author: Trevor James – Manager Business and Investment

Summary The purpose of this report is to seek a resolution of Council that the Mayor and General Manager, or his nominated delegate, be authorised to negotiate, enter into and sign any documentation associated with the leasing of airspace related to properties at 33 Wentworth Street, Shellharbour and 23 Addison Street, Shellharbour.

Background Two new developments at 33 Wentworth Street, Shellharbour and 23 Addison Street, Shellharbour require leases for the use of airspace under s149 of the Roads Act 1993. This is also a requirement of Council, through a condition of the consent provided for the developments.

The completion of the developments is dependent upon meeting necessary timeframes for their formal registration with NSW Land Registry Services and property settlement requirements, prior to 31 December 2019. This process requires leases to be in place for the airspaces involved prior to registration.

Council has liaised with the developer to facilitate the completion of the development to meet these timeframes. This is able to be achieved with no material financial, legal or policy impacts on Council.

Council is currently awaiting a valuation for the two airspaces involved, in accordance with its Valuation Policy. Following agreement with the developer on a lease amount, based on these valuations, formal leases will be executed in accordance with Council’s requirements.

Council is requested to approve the Mayor and General Manager, or his nominated delegate, be authorised to sign any documentation, when finalised, for the leasing of airspace related to these properties.

The subject airspaces are shown in Attachment 1 and Attachment 2.




The lessee will be responsible for all legal fees associated with the preparation of these lease agreements.


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


Entering into these lease agreements will provide revenue to Council and add to the overall operations of the airport.



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

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


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

Consultations Internal Group Manager City Development

External Hindmarsh McDonald (Developer) Opteon (Valuer)

Political Donations Disclosure Not Applicable



Recommendation That:

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

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

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

nd Se cti on



Attachments 1. Proposed Lease Area – 33 Wentworth Street, Shellharbour – Page 182. Proposed Lease Area – 23 Addison Street, Shellharbour – Page 19

Marcello ChiodoActing Director Council Sustainability



Attachment 1 – Proposed New Lease Area – 33 Wentworth Street, Shellharbour



Attachment 2 – Previously Approved Lease Area – 23 Addison Street, Shellharbour



10.3 Community and Customers Directorate

10.3.1 Appointment of Community Representatives to the Australia Day Advisory Committee (11320508)

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

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

Summary The purpose of this report is to seek Council endorsement for the appointment of community representatives to the Australia Day Advisory Committee as recommended by the panel.

Background The Australia Day Advisory Committee provides community input into Shellharbour City Council’s organisation of the annual Australia Day celebration and assists Council to deliver a safe and enjoyable community event within available budget resources. The Committee’s specific functions are as follows:

- Provide a forum for discussion to help guide the strategic direction of the event.

- Where appropriate form sub-committees to oversee specific aspects of the Australia Day celebration, with available budget resources

- Determine Australia Day Citizen Award winners

The term of appointment for the Australia Day Advisory Committee follows Council’s endorsement at its Extraordinary Council Meeting of 24 September 2019 as follows:

Standardise the term of appointment for Community Representative members on Advisory Committees and Working Parties for a period of 2 years with the first 2 year term commencing in October 2019.

Endorse that Community Representatives be required to stand down from their positions following each 2 year appointment and re-apply every 2 years. This application process will commence in October 2019. Further that the proposed Community Representatives for each Advisory Committee and Working Party be reported to Council for endorsement.

A selection panel identifying and nominating up to 4 community representatives and 1 youth representative (under 26 years) from the Shellharbour LGA for the Australia Day Advisory Committee have been nominated in accordance with the current Terms of Reference (Attachment 1).



The panel comprised of Mayor – Councillor Marianne Saliba, the Manager of Community Engagement and Activation and the Events and Activations Officer.

Shellharbour City Council received 10 applications from community members and it is recommended that Harold-John Pador, Liam Baker, Barbara Street and Ron Dryburgh be appointed as Community Representatives and Kiki Cuda be appointed as the Youth Representative on the Australia Day Advisory Committee.

Financial / Resources Implications Nil

Legal and Policy implications Nil

Public / Social Impact Nil



Objective: 1.1 Vibrant, safe, creative and inclusive

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

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

Objective: 3.3 Welcomes, engages and attracts visitors

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

Consultations Internal Selection Panel Executive Manager, Council Services

External Nil




Recommendation That Council endorse the appointment of Harold-John Pador, Liam Baker, Barbara Street, Ron Dryburgh and Kiki Cuda as Shellharbour City Council Community Representatives to the Australia Day Advisory Committee with the length of appointment being a two year period to September 2021.

Section



Attachments 1. Updated Terms of Reference – Australia Day Advisory Committee – Page 23

Kathryn Baget-JuleffGroup Manager Community Connections



Attachment 1 – Terms of Reference Australia day Advisory Committee



10.3.2 Sponsorship Applications - Second Allocation 2019/20 (11320505)

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

Manager: Kathryn Baget-Juleff – Group Manager Community Connections Author: Peita Quarmby – Events and Activations Officer

Summary The purpose of this report is to seek Council's endorsement of the recommendations made by the Financial Assistance Working Party at its extraordinary meeting on 25 September 2019. The recommendations relate to the second round of allocations from the Event Sponsorship budget for the 2019/20 financial year.

This report recommends that Council provide sponsorship assistance from the Sponsorship budget totalling $41,500. This will exhaust all allocated funds for sponsorship in the 2019/20 financial year.

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

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

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

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

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



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

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

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

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

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

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

of the event/activity.

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

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

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

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

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

6. Events/activities will not be sponsored retrospectively.

The working party considered all applications for sponsorship and made the following recommendations for sponsorship funding, to the combined total value of $41,500 outlined in Table 1.



Table 1 – Sponsorship First Allocation 2019/2020 recommendations

Applicant Event details Recommendation Oak Flats Lions Club

March Alive beside the Lake Reddall Reserve $2,000

Illawarra Film Festival Illawarra Film Festival Shellharbour Civic

Centre $700

Pop up Parties Pop up Parties Ocean Beach Hotel $3,700

Kao Kreative Run Shellharbour Eric Creary Park, Barrack Point and Reddall Reserve

$3,500

KidsFest KidsFest Shellharbour 2020

Multiple locations across Shellharbour LGA

$3,000

Shellharbour Club

New Year's Eve Fireworks

Cnr Wattle & Shellharbour Roads $5,000

i98fm i98fm Convoy Shellharbour Airport $5,600

Rumpus The Big Draw Shellharbour

Shellharbour Civic Centre $5,000

Verb Syndicate Verb Syndicate Mural

Side wall of Addy's restaurant Shellharbour

$8,000

Bright Events Wings Over Illawarra Shellharbour Airport $3,000

Michelle Meares

Carols by the Harbour

Little Park Shellharbour $2,000

Total $41,500


There is $41,500 remaining to be allocated in the 2019/20 financial year in the Community Event Sponsorship budget. This will exhaust all allocated funds for sponsorship in the 2019/20 financial year.


Nil




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



Objective: 1.1 Vibrant, safe, creative and inclusive

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

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

Objective: 1.2 Active and healthy

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

Consultations Internal Financial Assistance Working Party Assistant Corporate Accountant

External Submissions from organisations requesting sponsorship




Recommendation That Council endorse:

1. The recommendations of the Financial Assistance Working Party andprovide sponsorship to the total value of $41,500 to the following events:

Applicant Event details Recommendatio

n Oak Flats Lions Club

March Alive beside the Lake Reddall Reserve $2,000

Illawarra Film Festival Illawarra Film Festival Shellharbour Civic

Centre $700

Pop up Parties Pop up Parties Ocean Beach Hotel $3,700

Kao Kreative Run Shellharbour Eric Creary Park, Barrack Point and Reddall Reserve

$3,500

KidsFest KidsFest Shellharbour 2020

Multiple locations across Shellharbour LGA

$3,000

Shellharbour Club

New Year's Eve Fireworks

Cnr Wattle & Shellharbour Roads $5,000

i98fm i98fm Convoy Shellharbour Airport $5,600

Rumpus The Big Draw Shellharbour

Shellharbour Civic Centre $5,000

Verb Syndicate Verb Syndicate Mural

Side wall of Addy's restaurant Shellharbour

$8,000

Bright Events Wings Over Illawarra Shellharbour Airport $3,000

Michelle Meares

Carols by the Harbour

Little Park Shellharbour $2,000

Total $41,500

2. That the sponsored events be added to Council's Calendar of Events as"sponsored events"



End Sec ti on



Attachments Nil

Kathryn Baget-JuleffGroup Manager Community Connections



10.4 Amenity and Assets Directorate

10.4.1 Council Report - Tender 2019/39 Hargraves Avenue and Boomerang Avenue Upgrade (11320652)

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

Manager: Wayde Peterson – Group Manager Asset Strategy Author: Shanin Neveling – Project Delivery Officer

Summary The purpose of this report is to inform Council of the tender process for Contract 2019/39 for the renewal works located at Hargraves Avenue and Boomerang Avenue and to seek a resolution to award contract 2019/39 to Tenderer “A”. Additionally, the report requests that Council authorises the General Manager or his delegate to sign the Letter of Award and execute the contract, variations and associated documents.

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

Background The eastern road segments of Hargraves Avenue and Boomerang Avenue are both in a poor condition and require renewal works that will reduce water inundation into the road's pavement through the installation of stormwater structures, subsoils drainage and kerb and gutter. Additionally, the one-way portion of Hargraves Avenue adjoining the Princes Highway requires a formalised turning facility and associated line marking and signage.

The Hargraves Avenue and Boomerang Avenue renewal works package was advertised on Saturday 10 August 2019 via open tender. The request for open tenders closed at 10am on Tuesday 3 September 2019.

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

Eleven tender submissions were received from the companies listed in Table 1 below;



Table 1: Tenderers for Renewal Works at Hargraves Avenue and Boomerang Avenue

Received Tenders (Alphabetical Order) Cadifern Pty Ltd Cleary Bros (Bombo) Pty Ltd Donnelley Civil Pty Ltd D.S.A Contracting Pty Ltd GC Civil Contracting Pty Ltd J.B.G Civil Pty Ltd Menai Civil Contractors Pty Ltd North Shore Paving Co. Pty Ltd SABA Civil Stefanutti Construction Pty Ltd Western Earthmoving Pty Ltd

The Tender Assessment Panel included representatives from the Project and Procurement teams.

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

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

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

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

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

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

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

the same kind as the proposed contract.



e) Enter into negotiations with any person (whether or not the person was atenderer) with a view to entering into a contract in relation to the subjectmatter of the tender.

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

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

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

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


The project will be funded by Roads to Recovery Program, this program supports the maintenance of local road infrastructure assets via an ongoing financial commitment from the Australian Government which is distributed to local Councils according to a formula based on population and road length. Shellharbour City Council has received an allocation of $2.84M across the current five year program, with part of the funds being allocated to these proposed works in the 2019/20 financial year. The contract sum, if accepted is within the allocated 2019/20 budget to complete the works.


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


This project will renew the local road infrastructure and improve the functionality and safety of the transition from a two-lane road to a single lane road.




Strategy: 2.3.3 Provide and promote a sustainable, safe and connected transport network



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

Consultations Internal Manager Procurement and Supply, Procurement

External Jones Nicholson Corporate Scorecard (financial auditor)

Political Donations Disclosure Nil

Recommendation That Council:

1. In accordance with Clause 178 of the Local Government (General)Regulation (2005), Council accept the tender offer for the contract 2019/39from Tenderer “A” for the Hargraves Avenue and Boomerang Avenuerenewal.

2. Authorise the General Manager or his delegate to sign the Letter of Awardand execute the contract, variations and associated documents.

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

End Sec ti on



Attachments 1. Confidential Memo – 10.4.1 Summary of Tender Assessment 2019/39

Hargraves Avenue and Boomerang Avenue Renewal (under separate cover).

Wayde PetersonGroup Manager Asset Strategy



10.4.2 Contract 2019-53 Shellharbour Airport design and construction of the new Airport Terminal and associated works (11311444)


Manager: Wayde Peterson – Group Manager Asset Strategy Author: Nathan McColl – Project Delivery Officer

Summary The purpose of this report is to inform Council of the tender process for Contract 2019/53 for the detailed design and construction of the Shellharbour Airport passenger terminal and associated works and to seek a resolution to award contract 2019/53 to Tenderer ‘A’. Additionally, the report requests authorisation for the General Manager or his nominated delegate to sign the Letter of Award and execute the contract, variations and any documents associated with contract 2019/53.

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

Background The new passenger terminal will replace the current passenger terminal which is a temporary building constructed in 2017. The current temporary building was constructed to replace the passenger terminal previously used, which burnt down in May 2013. The temporary passenger terminal was part of the start-up infrastructure required for Council to pursue regular passenger transport.

On 7 February 2017, Council were provided with a confidential report in closed session titled Regular Passenger Transport Services Business Case. After considering this report Council endorsed Council officers to pursue grant funding to construct a new passenger building to replace the temporary terminal. The resolution stated that Council:

Endorse Council officers to proceed with a grant application to the NSW Government outlining the full Regular Passenger Transport business case including infrastructure requirements as per Option 1b in the Business Case for Regular Passenger Transportation Services at Illawarra Regional Airport, which provides for complete infrastructure renewal including new Terminal building.

The full Regular Passenger Transport Services Business Case confidential Council report of 7 February 2017 is provided as Attachment 2 of this report.



The full list of Committee Recommendations in response to the Regular Passenger Transport Services Business Case confidential Council report of 7 February 2017 are provided as Attachment 3 of this report.

Subsequently, at its meeting of 4 September 2018 Council resolved:

1. That Council endorse the submission of an application for funding ofdevelopments at the Illawarra Regional Airport from the Growing LocalEconomies Fund.

2. That Council approve the required 25 percent co-contribution of the totalproject costs.

3. That Council approve a further report be brought to Council identifying allproject costs and funding sources if the application is successful.

Council w as advised t hat it s ap p licat ion w as successf ul on 17 January 2019 and t hat t he St at e Governm ent w ould b e con t r ib ut ing $15,977,322 t o t he p ro ject . Consequently, at its meeting of 5 February 2019 Council resolved:

1. That Council approve the contribution of an amount of $4,372,678 to the totalcost of the Illawarra Regional Airport Infrastructure Upgrade Project byallocating the funding sources as outlined in this report.

2. That a further report to Council be provided once the timing and amountsrequired from Council for the 2018/19 financial year are known. This willinclude adjustments to the current year Special Rate Variation program.

3. That Council write to the Deputy Premier of New South Wales and Minister forRegional Development, Minister for Small Business, and Minister for Skills,thanking the NSW State Government for its assistance with the Grantallocation.

A further report was provided at the 30 April 2019 Council meeting which discussed the timing and Council’s financial contribution planned for the 2018/19 year. At its meeting of 30 April 2019 Council resolved:

That Council receive and note the information in this report relating to Council’s co-contribution to the grant funds received from the NSW Government’s Growing Local Economies Fund to undertake upgrade works at the Illawarra Regional Airport.

Subsequently, at its Meeting of 11 June 2019, Council adopted the 2018-21 Delivery Program and 2019-20 Operational Plan which included the allocation of $10.15M in 2019/20 and $9.73M in 2020/21 for the full remaining scope of the Shellharbour Airport Infrastructure Upgrade Project.

A major component of the Shellharbour Airport Infrastructure Upgrade Project committed to by Council is the tender for the detailed design and construction of the passenger terminal and associated works. Designs for the terminal were developed to a stage suitable to tender the works for a detailed design and construction



contract. Tender 2019/53 was first advertised on Tuesday 27 August 2019 via open tender. Tenders closed at 10am on Wednesday 25 September 2019.

Ten tender submissions were received from the companies listed in Table 1 below;

Table 1: Tenderers Received for Terminal Design and Construct

Received Tenders (Alphabetical Order) Advanced Construction Pty Ltd Brodyn Pty Ltd T/A TCQ Constructions J Hutchison Pty Ltd T/A Hutchison Builders Momentum Built Pty Ltd Oz Tech (Aust) Pty Ltd T/A Oz Tech Security Patterson Building Group Pty Ltd Peloton Constructions Pty Ltd Project Coordination (Australia) Pty Ltd Pacific Services Group Holdings Pty Ltd St Hilliers Property Pty Ltd

The submissions were reviewed by the Tender Assessment Panel (TAP) in accordance with Council’s Procurement Policies and Procedures. The TAP included representatives from Council’s Project, Airport and Procurement Teams.

Confidential Tender Summary Memo

The following confidential information relating to the assessment of tenders is not provided in this report but is contained within the Confidential Tender Summary:

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

The TAP assessed the tenders and determined the preferred Tender ‘A’, was the highest ranked and whose submission was considered value for money, as outlined in the Attachment 1.

The contract sum outlined in the Confidential Memo 10.4.1 Tender Evaluation Summary (Attachment 1) includes provisional sums for items that are to be finalised through the detailed design process such as photovoltaic solar. Options for alternatives that may provide a cost savings may also be identified during the detailed design phase of the works. Cost savings and provisional items are to be negotiated with the contractor as designs are finalised. It is proposed that the General Manager or delegated authority be given authority to negotiate these items within the project budget and contingency.



The preferred contractor Tender ‘A’ has satisfied the TAP that it is capable of undertaking the works. It is recommended that Council accept the tender and award the contract.

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

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

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

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

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

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

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


The Airport Redevelopment Project that includes runway, aprons, taxiway, business park, fencing and terminal has a total budget of $20,350,000 comprising, $15,977,322 NSW State Government grant funding and $4,372,678 of Council funding.

The tendered price provided as preferred tender ‘A’ is within budget and aligns with Councils estimated costs for the scope of works.

The phasing of the total project budget is proposed to be adjusted through the quarterly budget review process and the preparation of the 2020/21 Operational Plan in order to reflect carryovers and better align budget with timing of forecast expenditure. Potential savings in energy consumption (operational) costs and construction costs will also be investigated during the detailed design.

The contractor name and the contract sum will be made public if Council resolves to accept the preferred tender ‘A’. Council may also provide a consequential motion at this meeting including the contractor name and contract sum, as provided in the Confidential Memo 10.4.1 Tender Evaluation Summary (Attachment 1).




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

The works are also subject to the terms and conditions of the Restart NSW Funding Deed RNSW2029 (Funding Deed) which was executed on 28 February 2019. The tender process is compliant with the terms and conditions of the Funding deed. Awarding this contract will allow the works to be completed as required by the terms and conditions of the Funding Deed.

The airport terminal building, carpark and ancillaries received development approval by the Southern Region Planning Panel (SRPP) on 20 June 2019.


The provision of a permanent passenger terminal at Shellharbour Airport will provide improved level of service and accessible amenities for passengers using the airport. The terminal will also enable increased access to the region for development of tourism.

There is an option to negotiate the installation of solar and innovative design items in the new terminal for community and council benefits. It is recommended to delegate authority to progress further discussions on photovoltaic solar and design items, if feasible and delivering benefits these items may be included, prior to finalising the detailed design and commencing construction.




Strategy: 2.3.3 Provide and promote a sustainable, safe and connected transport network

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

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

Objective: 3.3 Welcomes, engages and attracts visitors

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



Consultations Internal Manager Procurement and Supply Airport Manager Manager Projects

External Resource Coordination Partnership



1. In accordance with Clause 178 of the Local Government (General)Regulation (2005), Council accept the tender offer for Contract 2019/53from Tender “A” for Shellharbour Airport Design & Construct of NewAirport Terminal & Associated Works.

2. Delegate authority to the General Manager or delegate to negotiateProvisional Sum items including photovoltaic solar and final design items

3. Authorise the General Manager or his delegate to sign the Letter of Awardand execute the contract, variations and any documents associated withcontract 2019/53

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

End Sec ti on



Attachments 1. Confidential Memo 10.4.2 Tender Evaluation Summary 2019/53 Shellharbour

Airport design and construction of the new Airport Terminal and associated works (under a separate cover).

2. Confidential Regular Passenger Transport Services Business Case Councilreport (Item 4.1) from the 7 February 2017 Ordinary Council Meeting (under a separate cover).

3. Resolution of 7 February 2017 Ordinary Council Meeting Item 4.1 RegularPassenger Transport Business Case (under a separate cover).




10.4.3 Amendments to the Fee Reduction - Dunmore Recycling and Waste Disposal Centre Policy (11320696)


Manager: Wayde Peterson – Group Manager Asset Strategy Author: Joel Coulton – Waste and Resource Recovery Manager

Summary The purpose of this report is to seek Council’s endorsement to amend the Fee Reduction Policy – Dunmore Recycling and Waste Disposal Depot. The Fee Reduction Policy – Dunmore Recycling and Waste Disposal Depot provides guidance and governance for exemptions to Council’s annual Fees and Charges specifically related to the services offered at the Dunmore Recycling and Waste Disposal Depot.

The amendments recommended include exempting waste disposal fees in certain once off circumstances, aligning advertising of waste fee exemptions with the Financial Assistance - Donations Council Policy advertising requirements and other minor simplifications and updates to the policy.

The amended policy will be placed on public exhibition for a period of 28 days. Notices will be placed on Council’s website and social media site.

Background In order to facilitate some relief to customers in respect of waste fees and charges Council Waste Services will, subject to qualifying conditions allow some specific users of the Dunmore Recycling and Waste Disposal Depot (DRWDD) fee exemptions. This is managed through clear policy guidelines outlined in the Fee Reduction Policy – Dunmore Recycling and Waste Disposal Depot. This report proposes updates and amendments to the Policy to bring the Policy in line with current processes on site and to enable Council to provide assistance measures for qualifying organisations that may require support with waste disposal.

The proposed amendments to the Fee Reduction Policy will result in the following changes:

• Removal of fee exemptions for the supply and delivery of shredded gardenwaste, sand and soil products which Council no longer produces (Regrownow produces).

• Call for ongoing exemptions or reductions in tipping fees to be advertised inconjunction with Council’s call for wider financial assistance.



Note, the Financial Assistance – Donations Council Policy (Donations Policy) currently calls for community requests for financial assistance from Council quarterly. Calls for financial assistance associated with tipping fees and the financial assistance provided under the Donations Policy have previously been advertised separately.

• Establishment of once off exemptions for waste disposal fees up to the valueof $1,000 for qualifying organisations.

• Minor updates to outdated references and simplification of information.The specific proposed individual changes to the Fee Reduction Policy are shown in Attachment 1.

The amended policy will be placed on public exhibition for a period of 28 days. Notices will be placed on Council’s website and social media site. It is proposed that the Policy be endorsed by Council unless relevant submissions or other substantial post exhibition changes are proposed as a result of the public exhibition. If alternatively, any relevant submissions are received as a result of public exhibition, or if there are substantial post public exhibition changes proposed for any other reasons, a further report be submitted to Council for consideration.


In 2018/19 approximately $4,050 worth of assistance was provided to qualifying charitable organisations who registered for “Ongoing Assistance” under the Fee Reduction Policy.

The changes proposed for “Assistance for Specific Projects” is expected to result in minor additional costs associated with once off annual support provided to qualifying organisations, valued at up to $1,000 per project. It is estimated that the annual support will cost Council approximately $5,000 per annum, including operational costs and relevant levy’s and taxes.

If the recommendation is endorsed by Council, a $5,000 budget will be established at the next available quarterly budget review, offset by income received through Council’s participation in the Container Deposit Scheme with the recycling contract with VISY.


The Fee Reduction Policy – Dunmore Recycling and Waste Disposal Depot outlines the requirements and criteria for Council to allocate financial assistance to suitable organisations within the Shellharbour City Local Government Area, whilst complying with S356 of the Local Government Act 1993 (the Act) which states that a council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.

The Act also requires that Council make an annual charge for the provision of domestic waste management services and that the amount of the annual charge be limited to recovering the cost of providing that service.



The revenue received from the Container Deposit Scheme for domestic waste derived containers is not a cost of providing Council’s domestic waste management service under the Act. However, the use of part of this income to support qualifying local charities who have received unwanted domestic waste materials provides an appropriate alignment.


The proposed changes to the Fee Reduction Policy – Dunmore Recycling and Waste Disposal Depot will provide additional support to local charitable organisations.



Objective: 2.2 Practices sustainable living

Strategy: 2.2.1 Provide community engagement and education on environmental sustainability

Consultations Internal Group Manager, Community Connections Manager Compliance and Regulation Chief Financial Officer Manager Environment

External Nil

Political Donations Disclosure Nil




1. Council endorse the Fee Reduction Policy – Dunmore Recycling andWaste Disposal Depot to be placed on public exhibition for a period of 28days calling for submissions.

2. If any relevant submissions are received as a result of public exhibition,or if there are substantial post public exhibition changes proposed forany other reasons, a report be submitted to Council for considerationdetailing the public exhibition outcomes and with furtherrecommendations regarding adoption.

3. If there are no relevant submissions received as a result of the publicexhibition and there are no substantial post public exhibition changesproposed for any other reasons, Council adopt the Fee Reduction Policy– Dunmore Recycling and Waste Disposal Depot as attached to thisreport.



Attachments 1. Fee Reduction Policy – Dunmore Recycling and Waste Disposal Depot with

tracked changes – Page 48




Attachment 1 – Fee Reduction Policy – Dunmore Recycling and Waste Disposal Depot with tracked changes



11. Committee Recommendations

11.1 Recommendations from the Traffic Committee Meeting held 2 October 2019 recommended for adoption.

That the Recommendations from the Traffic Committee Meeting held 2 October 2019 be adopted.

12. Items for Information

Nil

13. Notices of Rescission/Alteration Motions

Nil

14. Notices of Motion

14.1 Notice of Motion submitted by Cr Peter Moran: Lot 8, DP 244972 and part of Lot 1, DP 260523, Macquarie St, Albion Park

1. There are land transaction matters associated with Lot 8, DP 244972 and partof Lot 1, DP 260523, Macquarie St, Albion Park. These actions have beenunderway, variously over a number of years. In order to ensure these mattersprogress as promptly as possible, Council officers are to provide Council with aprogress report before the end of the calendar year and then every threemonths thereafter until, such time as the transactions are completed.

2. Given that Lot 8, DP 244972 and part of Lot 1, DP 260523, Macquarie St,Albion Park, collectively known as Macquarie Park, are being used as informalparking areas Council officers shall prepare a report dealing with theadvisability of and practicality of placing sufficient bollards in the area to preventillegal parking on a Council reserve.

Cr Peter Moran




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

16. Urgent Business

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

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

Set out below is Section 10A(2) of the Local Government Act 1993, in relation to Confidential Business:

10A(2) Which parts of a meeting can be closed to the public? The matters and information are the following:

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

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

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

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

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

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

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

section 440.

17.1 General Manager's Performance - Twelve Month Review 2018/19 (11320065)

Reason for Confidentiality This item is classified CONFIDENTIAL under the provisions of Section 10A(2)(a) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:



(a) personnel matters concerning particular individuals

This matter has been classified as confidential under Section 10A(2)(a) of the Local Government Act 1993 as it relates to the General Manager’s performance review as a personnel matter and is in accordance with the Guidelines for the Appointment and Oversight of General Managers issued by the Office of Local Government (guidelines under Section 23A of the Local Government Act 1993).

Declassification of this Report

The report will not be declassified.

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

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

20. Consideration of Motions to Declassify Reports Considered in ClosedSession

AGENDA - cdn.shellharbour.nsw.gov.au · 10/29/2019 · the Land on which we are meeting and pays...

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