AGENDA - Shellharbour Council

37
SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 1 AGENDA 1. Acknowledgement to Country ......................................................................... 3 2. Confirmation of Minutes ................................................................................... 3 2.1 Ordinary Meeting 15 December 2015 ................................................................................3 2.2 Extraordinary Meeting 22 December 2015.........................................................................4 2.3 Extraordinary Meeting 12 January 2016 ............................................................................4 2.4 Extraordinary Meeting 19 January 2016 ............................................................................4 3. Apologies / Leave of Absence ......................................................................... 4 4. Confidential Business (Committee of the Whole) .......................................... 4 5. Declarations of Interest .................................................................................... 4 6. Condolences...................................................................................................... 4 7. Mayor’s Statements / Reports / Presentations ............................................... 4 8. Mayoral Minutes ................................................................................................ 5 8.1 Mayoral Minute: Recruitment and selection of an independent member for Council's Governance Risk and Audit Committee (10646709) ..........................................5 9. Councillors' Reports ......................................................................................... 7 10. Reports .............................................................................................................. 7 10.1 General Manager ............................................................................................... 8 10.1.1 Undertaking of Community Survey - Proposed Merger between Shellharbour and Wollongong City Councils (10657362) ..................................................8 10.1.2 Killalea State Park Trust - Appointment of Council's Ex-officio Delegate to the Trust Board (10657356) .............................................................................................11 10.2 City Outcomes Directorate ............................................................................. 14 10.3 Corporate Policy Directorate.......................................................................... 14 10.3.1 Draft Strategic Acquisition of Land Policy (10650071) ....................................................14 10.3.2 Proposed Licence Agreement: Ascension Fitness and Personal Training, Reddall Reserve, Reddall Parade, Lake Illawarra (10652310) ........................................22 10.3.3 Monthly Investment Report for November and December 2015 (10654569) ..................27 10.4 Shellharbour Enterprises Directorate ........................................................... 35 11. Committee Recommendations....................................................................... 35 11.1 Recommendations from the Aboriginal Advisory Committee Meeting held 15 December 2015 recommended for adoption. ..............................................................35 This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

Transcript of AGENDA - Shellharbour Council

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 1

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

2. Confirmation of Minutes ................................................................................... 32.1 Ordinary Meeting 15 December 2015 ................................................................................ 3 2.2 Extraordinary Meeting 22 December 2015 ......................................................................... 4 2.3 Extraordinary Meeting 12 January 2016 ............................................................................ 4 2.4 Extraordinary Meeting 19 January 2016 ............................................................................ 4

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

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

5. Declarations of Interest .................................................................................... 4

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

7. Mayor’s Statements / Reports / Presentations ............................................... 4

8. Mayoral Minutes ................................................................................................ 58.1 Mayoral Minute: Recruitment and selection of an independent member for

Council's Governance Risk and Audit Committee (10646709) .......................................... 5

9. Councillors' Reports ......................................................................................... 7

10. Reports .............................................................................................................. 7

10.1 General Manager ............................................................................................... 8

10.1.1 Undertaking of Community Survey - Proposed Merger between Shellharbour and Wollongong City Councils (10657362) .................................................. 8

10.1.2 Killalea State Park Trust - Appointment of Council's Ex-officio Delegate to the Trust Board (10657356) .............................................................................................11

10.2 City Outcomes Directorate ............................................................................. 14

10.3 Corporate Policy Directorate .......................................................................... 14

10.3.1 Draft Strategic Acquisition of Land Policy (10650071) ....................................................14 10.3.2 Proposed Licence Agreement: Ascension Fitness and Personal Training,

Reddall Reserve, Reddall Parade, Lake Illawarra (10652310) ........................................22 10.3.3 Monthly Investment Report for November and December 2015 (10654569) ..................27

10.4 Shellharbour Enterprises Directorate ........................................................... 35

11. Committee Recommendations ....................................................................... 3511.1 Recommendations from the Aboriginal Advisory Committee Meeting held

15 December 2015 recommended for adoption. ..............................................................35

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 2

11.2 Recommendations from the Australia Day Committee Meeting held 13

January 2016 recommended for adoption. .......................................................................35 11.3 Recommendations from the Australia Day Committee Meeting Committee

of the Whole held 13 January 2016 recommended for adoption. ....................................35

12. Items for Information ...................................................................................... 35

13. Notices of Rescission/Alteration Motions..................................................... 35

14. Notices of Motion ............................................................................................ 36

14.1 Notice of Motion submitted by Cr Helen Stewart: Fireworks Displays at Council Events (10656600) ..............................................................................................36

15. Questions on Notice (must be submitted in writing) ................................... 37

16. Urgent Business .............................................................................................. 37

17. Committee of the Whole in Closed Session: Adjournment ......................... 37

18. Committee of the Whole: Consideration of Adoption of Decisions Reached in Closed Session ........................................................ 37

19. Consideration of Motions to Declassify Reports Considered in Closed Session .............................................................................................. 37

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 3

1. Acknowledgement to Country

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

2. Confirmation of Minutes

2.1 Ordinary Meeting 15 December 2015

That the Minutes of the Ordinary Council Meeting held on 15 December 2015 as circulated be taken as read and confirmed as a correct record of proceedings.

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 4

2.2 Extraordinary Meeting 22 December 2015

That the Minutes of the Extraordinary Council Meeting held on 22 December 2015 as circulated be taken as read and confirmed as a correct record of proceedings.

2.3 Extraordinary Meeting 12 January 2016

That the Minutes of the Extraordinary Council Meeting held on 12 January 2016 as circulated be taken as read and confirmed as a correct record of proceedings.

2.4 Extraordinary Meeting 19 January 2016

That the Minutes of the Ordinary Council Meeting held on 19 January 2016 as circulated be taken as read and confirmed as a correct record of proceedings.

3. Apologies / Leave of Absence

4. Confidential Business (Committee of the Whole)

Nil

5. Declarations of Interest

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

6. Condolences

7. Mayor’s Statements / Reports / Presentations

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 5

8. Mayoral Minutes

8.1 Mayoral Minute: Recruitment and selection of an independent member for Council's Governance Risk and Audit Committee (10646709)

To my fellow Councillors Mayoral Minute

Summary Council's Governance Risk and Audit Committee (GRA) last met on 9 December 2015. At the meeting, the committee reviewed the Charter that governs its activities. Some minor changes have been proposed by Ms Janelle Bond (independent member) to clarify the composition of future selection panels for the recruitment of independent members. Recruitment of a new independent member for the committee is now required due to the vacancy created by the resignation of our longest serving independent member and Chairperson, Ms Kylie McRae who just recently completed her 2nd consecutive three year term. This mayoral minute seeks endorsement from Council to appoint Councillor John Murray to the selection panel for a new independent member of Council's Governance Risk and Audit Committee.

Background The Governance Risk and Audit Committee are required to review their governing charter and appoint a new independent member on an annual basis. The charter was reviewed at the meeting on 9 December 2015. Some minor changes have been proposed by Ms Janelle Bond regarding the composition of the selection panel for recruitment of independent members. The changes are required to provide clarity regarding the selection panel composition for independent members of the committee. The proposed wording is that: "A selection panel will be formed comprising the Governance Risk Audit Committee Chairperson and/or nominated independent representative, a Councillor Representative of the Governance Risk Audit Committee and The Head of Internal Audit or their nominated delegate. These changes will ensure that the selection panel for independent members of the Governance Risk and Audit Committee has proportionate representation of Councillors, professional staff and independent members in accordance with the overall intent of the Committee Charter.

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 6

Recommendation That Council endorse the appointment of Councillor John Murray to the selection panel for a new independent member of Council's Governance Risk and Audit Committee.

Approved for Council's consideration:

Date of Meeting: 2 February 2016

Attachments Nil

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 7

9. Councillors' Reports

10. Reports

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 8

10.1 General Manager

10.1.1 Undertaking of Community Survey - Proposed Merger between Shellharbour and Wollongong City Councils (10657362)

To the Mayor and Councillors Division: General Manager's Department Department: Executive Services Manager: Carey McIntyre – General Manager Author: Carey McIntyre – General Manager

Summary The purpose of this report is to seek a resolution of Council on whether a Community Survey will be undertaken in respect of the proposed merger between Shellharbour and Wollongong City Councils.

Background Council currently undertakes a community survey of its residents every two years. This survey is designed and undertaken so as to ask a range of relevant and unbiased questions to a statistically valid sample size of residents. The results of that survey are reported to Council. On 18 December 2015, the NSW government proposed a merger between Shellharbour and Wollongong City Councils (the proposal). At its Extraordinary Meeting on 12 January 2016, Council resolved: 1. That Shellharbour City Council strongly opposes the forced amalgamations and/or

boundary changes between Shellharbour and Wollongong City Councils. 2. That a submission be made to the Delegate from the Office of Local Government

clearly stating our position outlining our financial sustainability and our reasons why we are unique from Wollongong City Council.

3. That Council does not have a secondary position. An opportunity now exists for Council to undertake a community survey on this issue. This would further inform Councillors as to the views of the residents of the city in regard to the proposal. Council has received a quotation for the survey on the following basis:

• Sample size: n=500 • Error rate: +/-4.4%

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 9

• Maximum survey running time of 3 minutes (dependent on number and nature

of questions Council asks). It is expected four or five questions will be asked. • Total project duration: 5 working days

The estimated cost is $6,745 If it were to proceed, the survey would be undertaken early this month. Financial/resources implications If Council wishes to undertake the survey, funding would be achieved from within Council's existing budget allocation. Legal & Policy implications Nil Public/social impact The proposal represents a potentially significant change in local governance for the community of Shellharbour City. It is appropriate for Councillors to consider whether a Community Survey to gauge the views of residents about the proposal is necessary and worthwhile. Undertaking the survey will not have any other public/social impact. Link to Community Strategic Plan This report supports the following objectives and strategies of the Community Strategic Plan: Objective: 4.1 Led by a Council that effectively represents the community Strategy: 4.1.1 Mayor and Councillors are representative of the community and

provide strong, cohesive and visionary leadership

Consultations Internal Nil External Illawarra Regional Information Service

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 10

Political Donations Disclosure Not applicable

Recommendation That Council determine whether it wishes to undertake a Community Survey to measure the views of residents of the city on the proposed merger of Shellharbour and Wollongong City Councils.

End Section

Approved for Council's consideration:

Date of Meeting: 3 February 2016

Attachments Nil

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 11

10.1.2 Killalea State Park Trust - Appointment of Council's Ex-officio Delegate to the Trust Board (10657356)

To the Mayor and Councillors Division: General Manager's Department Department: Executive Services Manager: Carey McIntyre – General Manager Author: Lisa Davey – Acting Executive Manager

Summary The purpose of this report is seek a nomination for a Councillor representative to the Shellharbour City Council ex-officio position to the Killalea State Trust Board for a one year term from 20 January 2016 until 19 January 2017.

Background The Department of Primary Industries – Land has advised that the ex-officio position to the Killalea State Trust Board for Council has been approved by the Minister for Lands and Water for a one year term. The current ex-officio position held by the Mayor Cr Marianne Saliba expired on 19 January 2016. Council is required to nominate its representative for a one year term from 20 January 2016 to 19 January 2017. A copy of the notice of appointment of Trust Board members is attached. Link to Community Strategic Plan The report supports the following objectives and strategies of the Community Strategic Plan: Objectives: 2.1 Protects and promotes its natural environment Strategy: 2.1.3 Demonstrates leadership on environmental planning and

management Objective: 4.1 Led by a Council that effectively represents the community. Strategy: 4.1.1 Mayor and Councillors are representatives of the community

and provide strong, cohesive and visionary leadership.

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 12

Consultations Internal Nil

External NSW Trade and Investment – Crown Lands

Political Donations Disclosure Not applicable

Recommendation That Council nominate a representative for appointment as an ex-officio member of the Killalea State Park Trust Board for the term commencing 20 January 2016 and expiring 19 January 2017.

End Section

Approved for Council's consideration:

Date of Meeting: 3 February 2016

Attachments 1. Notice of appointment Killalea State Trust Board Members – NSW

Government Gazette No. 3 of 15 January 2016

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 13

Attachment 1 – Notice of appointment Killalea State Park Trust Board Members – NSW Government Gazette No. 3 of 15 January 2016

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 14

10.2 City Outcomes Directorate

Nil

10.3 Corporate Policy Directorate

10.3.1 Draft Strategic Acquisition of Land Policy (10650071) To the General Manager Directorate: Corporate Policy Department: Corporate Policy Manager: Lee A Furness – Director Corporate Policy Author: Lee A Furness – Director Corporate Policy

Summary The purpose of this report is to seek Council endorsement of the draft Strategic Acquisition of Land Policy for the purposes of public exhibition. This policy, included in this report as Attachment 1, has arisen from a recommendation of an internal audit of the Property and Recreation Team. The policy will establish general principles for the strategic acquisition of land. It will allow for the efficient management of the process of acquiring land for Council. The policy does not cover easements, rights of way or formalising encroachments but does relate to compulsory acquisition in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. In this report land means land as a physical entity including buildings, structures, improvements to land held in fee simple. The objectives of the policy are:

• To ensure that the Council has transparent and accountable processes to follow when considering the acquisition of land.

• To ensure best value is achieved in Council land dealings. • To establish the principles under which Council will consider acquisitions of

land • To ensure decision making in the acquisition of land is in the public interest.

As the elected Council is the only body who can buy or sell land and this is a Council policy it will be put on public exhibition for public submission.

Background Council is the largest land owner in the city. Council from time to time will purchase land for a number of reasons. These include but are not limited to:

• To enable and encourage community participation in a range of activities • To provide a diverse range of sport and recreation opportunities

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 15

• To enable the strengthening of local businesses and/or encourage economic

development • To maintain and protect biodiversity • To protect, conserve and manage natural, cultural and built heritage • To fulfil our obligations under the LEP for certain zonings. • To strategically provide for future activities • As an investment

When purchasing land the decision making and assessment criteria must consider the impact on one or more of the themes of the Community Strategic Plan being:

• Community – enabling and building vibrant, innovative and resilient communities, Environment – protection, conservation and management of natural, cultural and built heritage.

• Economy – increasing the capacity for long term economic growth. • Leadership.- Is undertaken in an open and transparent way and will consider

the competing needs of the community and development of the city. Where a property is placed for sale on the open market, Council can negotiate the purchase price and terms of acquisition to achieve the best possible commercial value. Where properties are not listed on the open market, Council officers will arrange a valuation report as a basis for negotiation. Wherever possible Council's preferred method of acquisition is to acquire land through mutual agreement with the owner of the land. Council's preferred position is not to acquire land through compulsory acquisition; however Council has an obligation to provide services to the community and if required may consider utilising its powers under the Local Government Act 1993 in respect of compulsory acquisition. Implications/Considerations There is no impact on the Delivery Programme. Financial Resources Implications It is envisaged that Council officers will consider the current property market to ensure that any acquisitions are acquired for a reasonable price. The costs of maintenance and ongoing operations will be considered during any assessment. The most appropriate funding source will be determined with each acquisition. Legal and Policy Implications Land dealings can only be transacted by the elected Councillors. This policy complies with the Local Government Act 1993 and the Land Acquisition (Just Terms Compensation Act) 1991. Commercial confidentiality will apply to negotiations for the acquisition of land subject to the requirements of any legislation or law. The

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 16

purchase price and other costs associated with the acquisition will be disclosed once settlement has been effected. Public/Social impacts The policy framework provides for an open and transparent process by which Council makes a decision to purchase land. Land purchases are primarily to enable Council to improve the quality and opportunities for public space across the city, whether it delivers equitable provision of a diverse range of sport and recreation opportunities or provides enhanced arts and cultural activities that add value to the life of the residents and visitors alike.

Conclusion The policy will establish a mechanism for strategic acquisition of land to be consistent with Council's strategic directions including the community, economic, environmental and leadership objectives as identified in Council's Community Strategic Plan, Delivery Programme, Operational Plan, Local Environmental Plan and any other relevant master plans, plans or strategies. Link to Community Strategic Plan This report supports the following objectives and strategies of the Community Strategic Plan: Objective: 3.1 Infrastructure is planned and managed in a way that meets the

community's needs Strategy: 3.1.1 Provide the community with a broad range of quality

infrastructure, assets and facilities delivered in a cost-effective and sustainable manner

Consultations Internal Acting Director City Outcomes Manager Property and Recreation Team Leader Property Manager Assets and Projects External Nil Political Donations Disclosure Nil

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 17

Recommendation 1. That Council endorse the proposed draft Strategic Acquisition of Land

Policy for the purposes of public exhibition for a period of no less than28 days.

2. That submissions be invited from members of the public during the 28day public exhibition period.

3. That the proposed Strategic Acquisition of Land Policy be reportedback to Council following consideration of any valid submissionsreceived for final adoption.

4. That if no valid submissions are received, the draft StrategicAcquisition of Land Policy be adopted.

End Section

Approved for Council's consideration:

Date of Meeting: 3 February 2016

Attachments 1. Draft Strategic Acquisition of Land Policy

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 18

Attachment 1 - Draft Strategic Acquisition of Land Policy

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 19

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 20

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 21

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 22

10.3.2 Proposed Licence Agreement: Ascension Fitness and Personal

Training, Reddall Reserve, Reddall Parade, Lake Illawarra (10652310)

To the General Manager Directorate: Corporate Policy Department: Infrastructure Services Manager: Donna Flanagan – Manager Property and Recreation Author: Leanne Doyle – Property Assistant

Summary The purpose of this report is to seek Council approval to commence the formal process to enter into a Licence agreement with Ascension Fitness and Personal Training for a period of 12 months for the purpose of conducting commercial fitness training activities on an approved section of Reddall Reserve, Reddall Parade, Lake Illawarra. The process will include advertising and public exhibition of the proposal providing a period of not less than 28 days during which members of the public may make submissions or objections in relation to the proposal.

Background Ascension Fitness Training had applied for use of a section of Osborne Parade Warilla for the purpose of Commercial Fitness Training. This was reported at the ordinary Council meeting of 27 October 2015 and Council resolved:

1. That Council commence the formal process to enter into a 12 month Licence agreement with Ascension Fitness and Personal Training, including advertising and exhibition of the proposal.

2. That provided no relevant objections are received, Council enter into a

12 month Licence agreement with Ascension Fitness and Personal Training for the use and occupation of part of Strong Reserve, Osborne Parade, Warilla, to conduct commercial fitness training activities, at an annual rental of $1,751 inclusive of GST.

3. That the Mayor and General Manager, or his nominated delegate, be

authorised to sign any documentation associated with the Licence Agreement under Council Seal.

The proposal was placed on public exhibition. Submissions were received and as a result Ascension Fitness and Personal Training have changed their preferred location to Reddall Reserve, Reddall Parade, Lake Illawarra as indicated in Attachment 1.

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 23

Development Consent has been obtained for particular areas in various parks and reserves within Shellharbour Local Government Area for the operation of Commercial Fitness/Health Activities. Reddall Reserve was included in this Development Consent (DA 348/2010 Part 2). Legal and Policy implications As the subject land is classified as Community Land under the Local Government Act 1993, Council is required to advertise the proposal in accordance with Section 47A of this Act. The process will include advertising and public exhibition of the proposal providing a period of not less than 28 days during which members of the public may make submissions or objections in relation to the proposal. Financial Implications In accordance with Council's Fees and Charges, Ascension Fitness and Personal Training will be responsible for the costs of application, advertisement and preparation of the licence agreement. The annual fee will be an amount of $1,751.00 inclusive of GST ($1,591.80 ex GST). This fee is based on the number of participants being up to 18 as per Council's fees and charges. Public/Social Impact Ascension Fitness and Personal Training propose to operate group fitness training including non-contact boxing and pad training, gym sessions, walking and running, organised aerobic activity and circuit training. The hours of operation for this activity as per the approved Development Application for Reddall Reserve are: Day Light Savings Monday to Friday 6.00am to 8.00pm Non- Day light Savings Monday to Friday 6.00am to 6.00pm No permitted activities allowed on weekends and public holidays Conclusion The Community Land Plan of Management for Reddall Reserve allows Council to enter into licence agreements for the use of the park for the proposed purpose. Ascension Fitness and Personal Training will be required to adhere to all policies, rules and regulations as set from time to time by Council and Fitness Australia in the operation of its business. The licence agreement will provide Council with the ability to regulate activity while ensuring that training groups do not cause unreasonable interference with the use or enjoyment of the park, by members of the public.

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 24

Commencement of the formal process to enter into a licence agreement with Ascension Fitness and Personal Training will allow the community to comment on the proposal and provides a time frame for such comment Link to Community Strategic Plan The proposed licence agreement with Ascension Fitness and Personal Training supports the following objectives and strategies of the Community Strategic Plan: Objective: 1.2 Active and healthy community Strategy: 1.2.2 Provide diverse opportunities for recreation and enjoyment in the

City's parks and open spaces Objective: 1.2 Active and healthy community Strategy: 1.2.3 Provide a range of accessible recreational opportunities and

associated facilities to cater for a broad range of ages, abilities and interests

Consultations Internal Nil External Ascension Fitness and Personal Training Political Donations Disclosure Not applicable

Recommendation 1. That Council commence the formal process to enter into a 12 month

Licence agreement with Ascension Fitness and Personal Training including advertising and the public exhibition of the agreement for a period of no less than 28 days.

2. That submissions be invited from members of the public during the 28 day public exhibition period.

3. That provided no valid submissions are received, Council enter into a 12 month Licence agreement with Ascension Fitness and Personal Training for the use and occupation of part of Reddall Reserve, Reddall Parade, Lake Illawarra, to conduct commercial fitness training activities, at an annual rental of $1,591.80 exclusive of GST.

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 25

4. That the Mayor and General Manager, or his nominated delegate, beauthorised to sign any documentation associated with the LicenceAgreement under Council Seal.

End Section

Approved for Council's consideration:

Date of Meeting: 3 February 2016

Attachments 1. Aerial Image of proposed Licence area - Reddall Reserve, Reddall Parade,

Lake Illawarra.

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 26

Attachment 1 - Aerial Image of proposed Licence area - Reddall Reserve, Reddall Parade, Lake Illawarra

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 27

10.3.3 Monthly Investment Report for November and December 2015

(10654569) To the General Manager Directorate: Corporate Policy Department: Finance Manager: Rob Owens – Chief Financial Officer Author: Manager Financial Services – Paul Henderson

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. The report also details investment performance against applicable benchmarks and confirms compliance of Council's investments with policy and legislative requirements. The current budget forecast for interest on investments to 30 June 2016 is $2.43 million. A total of $1,518,219 has been accrued for interest on investments up until the end of December 2015. This position, after the first six months of the budget year, is a very positive one when compared to the annual budget forecast. An update of the forecast will be considered as part of a future quarterly budget review.

Background Financial Services staff monitor Council's cash flow on a daily basis, with surplus funds being invested in accordance with Council's Investment Policy, the Local Government Act, Local Government (General) Regulation and the Ministerial Investment Order. Subject to these constraints, Council's objective when investing funds, is to obtain the most favourable rate of interest, whilst taking into consideration the risks and security associated with the investment and ensuring that Council's liquidity requirements are also being met. To assist with this process, Council communicates with our independent investment advisors (CPG Research & Advisory) before any investment is made. Close attention is paid to Council's Investment Policy document. Section 212 of the Local Government (General) Regulation 2005, requires Council's Responsible Accounting Officer to provide a report to Council, detailing all investments held at the end of each month. The report must also indicate whether the investments made, have been in accordance with the Act, the regulations and Council's adopted Investment Policy. Council invests its surplus funds on the best available advice, to maximise interest returns in accordance with Council's Investment Policy. Any additional interest

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 28

income achieved through the placement of investments will result in extra funds being available for expenditure in our City. This report provides details on the months of November and December 2015. The return for November was 0.29% or when annualised approximately 3.50%, whilst December's return was 0.33% or 3.95% annualised. Both returns compare favourably with the AusBond Bank Bill Index of 0.17% and 0.19% for the two respective months. Favourable interest on investments returns compared to budget are "restricted" in good years, to insulate Council against years where investment income is less than anticipated e.g. Global Financial Crisis. This means that any extra earnings, up to a point, are put aside as restricted monies and have no impact on the projected cash position for that particular year. The internal restriction for interest on investments as at 30 June 2015 was $1.52 million. It should be noted that this balance has been committed this financial year for internal borrowings for the Links Business Plan redevelopment works. Link to Community Strategic Plan The reporting of Council's Investments supports the following objectives and strategies of the Community Strategic Plan: Objective: 4.2 Supported by a Council that is responsive, accountable and

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

planning, policies, procedures and service standards.

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

Consultations Internal Chief Financial Officer External CPG Research & Advisory Political Donations Disclosure Not applicable

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 29

Recommendation That Council receive and note the attached Investment Portfolio reports, as at 30 November 2015 and 31 December 2015.

Approved for Council's consideration:

Date of Meeting: 3 February 2016

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 30

Attachments

1. Council's Investment Portfolio as at 30 November 2015 2. Investment Portfolio Graph as at 30 November 2015 3. Council's Investment Portfolio as at 31 December 2015 4. Investment Portfolio Graph as at 31 December 2015

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 31

Attachment 1 - Council's Investment Portfolio as at 30 November 2015

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 32

Attachment 2 - Investment Portfolio Graph as at 30 November 2015

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 33

Attachment 3 - Council's Investment Portfolio as at 31 December 2015

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 34

Attachment 4 - Investment Portfolio Graph as at 31 December 2015

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 35

10.4 Shellharbour Enterprises Directorate

Nil

11. Committee Recommendations

11.1 Recommendations from the Aboriginal Advisory Committee Meeting held 15 December 2015 recommended for adoption.

That the Minutes of the Aboriginal Advisory Committee Meeting held on 15 December 2015 as circulated be taken as read and confirmed as a correct record of proceedings.

11.2 Recommendations from the Australia Day Committee Meeting held 13 January 2016 recommended for adoption.

That the Minutes of the Australia Day Committee Meeting held on 13 January 2016 as circulated be taken as read and confirmed as a correct record of proceedings.

11.3 Recommendations from the Australia Day Committee Meeting Committee of the Whole held 13 January 2016 recommended for adoption.

That the Minutes of the Australia Day Committee Meeting Committee of the Whole held on 13 January 2016 as circulated be taken as read and confirmed as a correct record of proceedings.

12. Items for Information

Nil

13. Notices of Rescission/Alteration Motions

Nil

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 36

14. Notices of Motion

14.1 Notice of Motion submitted by Cr Helen Stewart: Fireworks Displays at Council Events (10656600)

To the General Manager, Mayor and Councillors Author: Cr Helen Stewart

Notice of Motion: That Council prepare a report on the costs associated with Council replacing fireworks displays with laser displays.

Approved for Council's consideration:

Date of Meeting: 3 February 2016

Attachments Nil

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016

SHELLHARBOUR CITY COUNCIL Ordinary Council Meeting – 3 February 2016 Business Paper Page 37

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

16. Urgent Business

17. Committee of the Whole in Closed Session: Adjournment

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

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

This is page of the Minutes of the Ordinary Meeting of the Council of the City of Shellharbour held 3 February 2016