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BUSINESS PAPER ORDINARY MEETING OF COUNCIL To be held at 6.00 pm on Monday 27 April 2015 Council Chambers, Level 10, Council Administration Building, 41 Burelli Street, Wollongong Order of Business Members 1 Acknowledgement of Traditional Owners 2 Civic Prayer 3 Apologies 4 Disclosures of Pecuniary Interest 5 Petitions and Presentations 6 Confirmation of Minutes – Ordinary Council Meeting 30 March 2015 7 Public Access Forum 8 Call of the Agenda 9 Lord Mayoral Minute 10 Urgent Items 11 Notice of Motion(s) 12 Item Laid on Table 9 March 2015 13 Agenda Items 14 Confidential Business – Lord Mayoral Minute Lord Mayor – Councillor Gordon Bradbery OAM (Chair) Deputy Lord Mayor – Councillor Chris Connor Councillor Michelle Blicavs Councillor David Brown Councillor Leigh Colacino Councillor Bede Crasnich Councillor Vicki Curran Councillor John Dorahy Councillor Janice Kershaw Councillor Ann Martin Councillor Jill Merrin Councillor Greg Petty Councillor George Takacs QUORUM – 7 MEMBERS TO BE PRESENT

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Page 1: PAPER ORDINARY MEETING OF COUNCIL - Wollongong · PAPER ORDINARY MEETING OF COUNCIL ... Planning Proposal ... the relocation of the SKB facility to the southern fringe of the park

BUSINESS PAPER ORDINARY MEETING OF COUNCIL

To be held at 6.00 pm on

Monday 27 April 2015

Council Chambers, Level 10, Council Administration Building, 41 Burelli Street, Wollongong

Order of Business Members 1 Acknowledgement of Traditional

Owners 2 Civic Prayer 3 Apologies 4 Disclosures of Pecuniary Interest 5 Petitions and Presentations 6 Confirmation of Minutes – Ordinary

Council Meeting 30 March 2015 7 Public Access Forum 8 Call of the Agenda 9 Lord Mayoral Minute 10 Urgent Items 11 Notice of Motion(s) 12 Item Laid on Table 9 March 2015 13 Agenda Items 14 Confidential Business – Lord

Mayoral Minute

Lord Mayor – Councillor Gordon Bradbery OAM (Chair)

Deputy Lord Mayor – Councillor Chris Connor Councillor Michelle Blicavs Councillor David Brown Councillor Leigh Colacino Councillor Bede Crasnich Councillor Vicki Curran Councillor John Dorahy Councillor Janice Kershaw Councillor Ann Martin Councillor Jill Merrin Councillor Greg Petty Councillor George Takacs

QUORUM – 7 MEMBERS TO BE PRESENT

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Ordinary Meeting of Council 27 April 2015

INDEX PAGE NO.

ITEM A Lord Mayoral Minute - Provision of Disabled Access to Unanderra Railway Station .................................................................................... 1

ITEM D Lord Mayoral Minute - Performance Review Committee ..................................... 1A

ITEM B Notice of Motion - Councillor Curran - Lady Carrington Estate South Planning Proposal .................................................................................................. 2

ITEM C Item Laid on Table - Council Meeting 9 March 2015 - Notice of Motion - Councillor Petty - Skydiving Activities - Stuart and Dalton Parks .......................................................................................................... 3

ITEM 1 Commercial Skydiving in Wollongong .................................................................... 4

ITEM 2 Bridge Street Theatre Site - Proposed Use of Lot 40 DP 5330 No 24 Bridge Street, Coniston ............................................................................. 28

ITEM 3 Urban Cooling ...................................................................................................... 35

ITEM 4 Draft Planning Proposal: Innovation Campus - Boundary Adjustment ................. 42

ITEM 5 Proposed Acquisition and Dedication of Portion of Lot 1163 DP 1111446 No 40 Gayantay Way, Woonona as Public Road ............................ 45

ITEM 6 Proposed Grant of Easement for Padmount Substation and Restriction as to User over Lot 1164 DP 200706 Winnima Way, Berkeley ....................................................................................... 47

ITEM 7 Proposed Grant of Easement for Underground Electricity Cable over Council Land in Puckey Avenue, North Wollongong ............................................ 49

ITEM 8 Tender T15/01 - Refurbishment of Berkeley Community Centre, Berkeley ............................................................................................................... 52

ITEM 9 Tender T15/04 - Port Kembla Pool - Extension of Northern Intake Pipe ...................................................................................................................... 56

ITEM 10 Tender T14/26 - Construction of a Regional Playground at Stuart Park, Wollongong ...................................................................................... 60

ITEM 11 Shared Pathway Extension - Springhill Road, Wollongong - Appointment of Contractor ................................................................................... 64

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Ordinary Meeting of Council 27 April 2015

PAGE NO. ITEM 12 March 2015 Financials ......................................................................................... 67

ITEM 13 Statement of Investments - March 2015 .............................................................. 72

CLOSED COUNCIL

ITEM A CONFIDENTIAL – Lord Mayoral Minute - General Manager’s Performance Review

The report recommends that this item be considered in Closed Session in accordance with –

a Section 10A 2(a) of the Local Government Act 1993 as the report contains personnel matters concerning particular individuals (other than Councillors).

b The Division of Local Government Guidelines for the Appointment and Oversight of General Managers which states that the Performance Review Panel report to a Closed Session of Council the findings and recommendations of the General Manager’s performance review.

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Ordinary Meeting of Council 27 April 2015 1

File: LM-914.002

ITEM A LORD MAYORAL MINUTE - PROVISION OF DISABLED ACCESS TO UNANDERRA RAILWAY STATION

The Unanderra Railway Station is the only station on the South Coast Line with an island platform. The only access to the platform is by stairs and an overbridge. With a surrounding population of 30,000, parents with young children and prams, and people with disabilities, have to climb up and down 70 stairs to access to the platform. This is clearly unacceptable.

I THEREFORE MOVE that -

1 Wollongong City Council support the Unanderra and surrounding community in their endeavours to have disabled access installed at Unanderra Railway Station.

2 Council write to the Minister for Transport and Infrastructure, The Hon Andrew Constance MP, highlighting the necessity for disabled access to Unanderra Railway Station and reinforcing the need for this access to be given high priority.

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Ordinary Meeting of Council 27 April 2015 1A

REF: CM77/15 File: Z15/77891

ITEM D LORD MAYORAL MINUTE - PERFORMANCE REVIEW COMMITTEE

A review of the performance of the General Manager has been undertaken annually by the Performance Review Committee during this term of Council. The review is conducted with reference to the Performance Review Committee Charter.

It has come to my attention that when referring to the ‘Guidelines for the Appointment and Oversight of General Managers’ developed in 2011 by the Division of Local Government, some anomalies and ambiguities have been found with Council’s Performance Review Charter.

As a means of ensuring consistency in the process, I MOVE THAT:

1 A Councillor be elected to the Performance Review Committee for the period 28 April 2015 until the next annual election of Councillors to various committees and external organisations, which will take place in September 2015.

2 The election be conducted by open means on a show of hands.

3 a A review of the Performance Review Committee Charter be undertaken to ensure consistency with the ‘Guidelines for the Appointment and Oversight of General Managers’ developed by the Division of Local Government in 2011.

b The outcome of the review be the subject of a report to the Council meeting on 18 May 2015.

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Ordinary Meeting of Council 27 April 2015 2

File: CO-910.05.01.001

ITEM B NOTICE OF MOTION - COUNCILLOR CURRAN - LADY CARRINGTON ESTATE SOUTH PLANNING PROPOSAL

Councillor Curran has submitted the following Notice of Motion –

“I formally move that Council -

1 Conduct a comprehensive search of all Flora/Fauna, Environmental and Water studies, investigations, agency submissions and documents for the “7(D) Lands” and collate these into a file that can be accessed by Council and available for land owners and the Community.

2 Conduct and/or commission its own Independent Flora/Fauna, Water Quality, and Environmental Studies seen necessary by the Joint Regional Planning Panel, NSW Department of Planning and Environment and Council to assist in the thorough assessment of the Lady Carrington Estate South Planning proposal and broader area including, but not limited to, the disturbed lands to the east of the paper subdivision.

3 Develop a Bushland and Fauna Habitat Preservation and Augmentation Policy to protect and enhance biodiversity generally in the planning proposal area and broader area that has been encompassed through the studies and investigate potential opportunities for biobanking and offset scheme.”

  

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Ordinary Meeting of Council 27 April 2015 3

File: CO-910.05.01.005

ITEM C ITEM LAID ON TABLE - COUNCIL MEETING 9 MARCH 2015 - NOTICE OF MOTION - COUNCILLOR PETTY - SKYDIVING ACTIVITIES - STUART AND DALTON PARKS

On 9 March 2015 Council laid this Item on the table. _____________

Councillor Petty has submitted the following Notice of Motion -

“I formally move that -

1 Council obtain a valuation from the Government Valuer on the use of land at Stuart and Dalton Parks for skydiving activities.

2 Council call for competitive tenders for the use of Stuart and Dalton Parks for skydiving activities.

3 Authority to execute leases over Stuart and/or Dalton Parks shall be by resolution of Council.

4 A report be submitted to Council which –

a Provides a full history from the original to current licences, development approvals, including variations and amendments, rent and market reviews, market valuations and processes undertaken to award licences, together with all documentation relating in any way to current commercial operators or any related entities.

b Provides alternative models for equity or joint venture participation in skydiving or other commercial activity at Stuart and/or Dalton Parks.”

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Ordinary Meeting of Council 27 April 2015 4

File: IW-005.04.75.001

ITEM 1 COMMERCIAL SKYDIVING IN WOLLONGONG

Commercial Skydiving has been occurring in Wollongong since 1996. It originally commenced in Stuart Park and in 1997 transferred to Dalton Park. Following the failure of the business at Dalton Park, skydiving ceased for a short period until a new operator again commenced skydiving activities at Stuart Park. That operator later sought to use Dalton Park as an alternative landing site when wind conditions dictated.

In 2001, skydiving was approved (development consent and licence) for a third operator in Reed Park, Dapto, but this activity ceased in 2002 due to lack of business. That operator now operates a successful beach skydive business on the south coast.

Mr Anthony Boucaut of Skydive the Beach (SKB) has operated skydiving activities from Stuart Park under licence from Council in its capacity as trustee for the Stuart Park Reserve Trust since 5 June 1999 with landing zones licensed in Stuart Park and an alternative zone at Thomas Dalton Park, Fairy Meadow. He also entered into a licence for the use of the ‘caretaker’s cottage’ in January 2000. The current lease over the cottage expired on 30 September 2014 and has continued on the holding over clauses since that time. The licences on the landing zones have also expired and are operating on holding over clauses in the licences.

In keeping with a 1989 resolution of Council, the Blue Mile Master Plan contemplated the relocation of the SKB facility to the southern fringe of the park with access to George Hanley Drive to accommodate eventual demolition of the ‘caretaker’s cottage’ and creating open space in that location. Following an assessment of the condition of the ‘caretaker’s cottage’ by Council staff, the principal of SKB, Mr Anthony Boucaut, approached Council in 2011 with a proposal to construct a new building consistent with the Blue Mile Master Plan to facilitate continuity of the business.

As the two licences for the activity and the lease over the cottage are due for renewal, and as a Development Consent for a new building in Stuart Park has been issued, this report provides a history of the activity of skydiving in Stuart and Dalton Parks.

RECOMMENDATION

1 Council reaffirm its resolution of 28 April 2014 that ‘Council support in principle the activity of skydiving at Stuart Park and reaffirm this component of the Blue Mile Master Plan’.

2 Council note that a Call for Proposals will be undertaken and in terms of current policy and delegations, the outcome will be reported back to Council for decision.

ATTACHMENT

Location map

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Ordinary Meeting of Council 27 April 2015 5

REPORT AUTHORISATIONS

Report of: Peter Coyte, Manager Property and Recreation Authorised by: Greg Doyle, Director Corporate and Community Services – Creative,

Engaged and Innovative City

BACKGROUND

This report provides a background to skydiving in the city and, essentially, details three compounding decisions that are required:

1 Does Council support commercial skydiving in the city?

2 Is Stuart Park the most appropriate place for a skydiving landing site?

3 As the current licences and lease have expired, how will Council manage the issue of new licences and lease?

SKYDIVING IN WOLLONGONG

A summarised history of skydiving in Wollongong is as follows:

1996 Skydiving commenced in Wollongong at Stuart Park.

1997 Transferred to Dalton Park.

1998 Following the failure of the business at Dalton Park skydiving ceased for a short period.

1999 Skydiving recommenced at Stuart Park and has operated there since.

2001 Skydiving was approved (development consent and licence) for a third operator in Reed Park, Dapto, but this activity ceased in 2002 due to lack of business. That operator now operates a successful beach skydive business on the south coast.

2005 Stuart Park operator sought and gained approval to use an area of Dalton Park east of the cycle track as an alternative landing site when winds did not allow landing in Stuart Park.

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Ordinary Meeting of Council 27 April 2015 6

A brief history of the skydiving development consents and licences is as follows:

Date  Operator Term Approval Rental Basis Consent

Crown 

Approval

9/08/1996 Wings 6 months

Council 

25/9/96 $480 Neg D96/225 Yes

8/04/1997 Wings 12 months

Council 

3/2/97 $960 Neg

 DA96/225 

[am1] Yes

7/12/1998

A Boucaut 

and L 

Wright 12 months GM $1,000 Neg

DA98/617 

12 months Yes

7/12/1999

A Boucaut 

and L 

Wright 12 months GM $1,025 CPI

DA98/617 

[am1] ‐ 2 

years Yes

7/12/2000

 A 

Boucaut

5 years  + 1 

year carry 

over

GM 

reported to 

Counci to 

affix seal $1,100 CPI above Yes

7/12/2006 A Boucat 5 years

GM ‐ 

reported to 

Council to 

affix seal $5,000 Neg 

DA98/617 

[am2] Yes

7/12/2012 A Boucat 

Holding 

Over 

[monthly] $5,470 CPI

DA2009/681  

not limited 

by time

Landing Zone ‐ Stuart Park

Note – General Manager approval has been under Delegated Authority from Council and in terms of Council Policies.

A brief history of skydiving at Dalton Park is as follows:

Date  Operator Term Approval Rental Basis Consent Crown 

26/09/2005

Boucaut 5 years GM

$1,400 

plus GST Neg

DA‐

2005/473 Yes

26/09/2010

Holding 

over

Landing Zone ‐ Dalton park

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Ordinary Meeting of Council 27 April 2015 7

Licences have been negotiated by Council staff and reviewed by the Crown Lands Division. There is not a lot of comparable data that can be used to assess the appropriate level of licence fee, which is demonstrated by the following information that has been researched as a prelude to gaining a commercial valuation for the landing rights. It demonstrates a very broad range of fees charged.

Region  Location Airfield Landing Zone Fee

Hunter Valley  Branxton  private airfield parachute club N/A

Newcastle  Belmont private airfield private airfield $20,000pa

Port Phillp Vic St Kilda Moran Reserve

$125,000 pa [plus 

State Government 

park entry fee $2.40 

per adult and $1.60 

per child]

Great Ocean Road VicBarwon Heads

Barwon Heads 

Airfield Barwon Heads airfield N/A

Yarra Valley  Vic  Lilyfield

Lilyfield 

Airfield Lilyfield Airfield N/A

York WA York private airfield private airfield N/A

Perth WA Perth City $160 per annum

Rockingham WA Rockingham

Jandakot 

Airport

Rockingham Naval 

Memeorial Gardens $1150 per annum

Whitsundays Qld Airlie Beach 

Airlie Beach 

Airport  Port of Airlie N/A

Other operators

Byron Bay 

Tyagerah 

Airport Byron Beach $12,000pa

Coffs Coast Coffs Harbour 

Coffs Harbour 

Airport $1,400pa

It can been seen that fees range from $160 per annum for a trading licence to land in a prime Perth park by the Swan River to $122,500 to land in a park adjacent to Melbourne’s premier beach, where the per person fees are State Park Entry Fees.

Benefits of Skydiving in Wollongong

Skydiving has contributed to Tourism and Economic Development in Wollongong by providing additional tourism product, particularly in Adventure Tourism.

Benefits of skydiving to the city and region have been:

Employment;

Visitation;

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Ordinary Meeting of Council 27 April 2015 8

Marketing the city – change of image; and

Contribution to activity and interest at our major tourist destination.

Employment

A consequence of skydiving has been the increased employment, both direct by the operators of skydiving and indirect through the packaging with other tourism operators. The additional spend by participants in skydiving and their friends and relatives who accompany them in the city have benefited other tourist operators. Employment by the current operator and the flow-on through the economic multiplier effect as assessed by Council’s Economic Development team are:

Direct employment – 71 full time equivalent positions (89 people)

Indirect employment – 52 full time equivalent positions

Total employment – 123 full time equivalent positions

Visitation

The current operator advises that they sold 19,000 jumps in 2013-14 and that those jumpers were accompanied on average by 2.8 friends and relatives. Of those 72,000 customers and friends, 80% were international travellers or came from the Sydney Metropolitan area, who visited the region directly as a result of skydiving.

skydivers 19,000

Friends + relatives 53,000

Total 72,000

Exclusive visitors 57,600

Marketing

The sight of parachutes descending into Stuart Park has become a regular feature of the city. Those images are used by Destination Wollongong and other operators to add to the ambience of the city. They assist in redirecting the image of the city from a manufacturing city to a tourist destination.

Skydiving Landing Zones

Skydiving activities including landing zones are regulated by the Australian Parachute Federation (APF). Landing zones are a complicated matter and the regulations vary dependent upon the type and level of licences held by the operator and their staff. In general terms, the technical requirements of a landing zone are:

Minimum of 100-250m2;

200-300m from any hazard;

600-1,500m from populated areas; and Must have a drop zone safety officer in contact with the aircraft.

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Ordinary Meeting of Council 27 April 2015 9

The current licensee (SKB) operates below these minimum requirements as they have approval of a ‘Restricted Drop Zone’.

A restricted drop zone is achieved through:

A high level of licensing;

A strong safety history;

It is inspected by an APF Area Safety Officer; and It is approved by the Area Safety Council.

In addition to the Drop Zones, the flight zones are determined by the Civil Aviation Safety Authority (CASA) and there are a number of constraints that are demonstrated with the following CASA Visual Terminal Chart.

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Ordinary Meeting of Council 27 April 2015 10

The map indicates two danger zones:

1 Due to the level of air traffic into and out of Illawarra Regional Airfield at Albion Park, and the existence of the heliport at Port Kembla, any skydiving needs to be north of the heliport. A further map has been obtained that shows a large air training area exists over Shellharbour, which excludes that area also; and

2 Because of other air training, areas north of Bellambi Point are inappropriate.

It can be noted that SKB have, after six (6) years of effort had CASA establish a safety zone (a no fly zone airspace) over North Wollongong. It is represented by a purple trapezoid with a parachute symbol inside. This is different to the Restricted Drop Zone mentioned earlier, which relates to the actual landing area on the ground.

Conclusion

The conclusion that can be drawn is that skydiving is a great adventure tourism product that has contributed very strongly to the Illawarra economy and particularly to the Wollongong economy. The activity has contributed to the diversification of industry in the city. It has also assisted in rebranding the city from a coal and steel manufacturing city to a cosmopolitan service and lifestyle based city.

SKYDIVING AT STUART PARK

It is worth noting that at its meeting on 20 November 1989, Council resolved to:

Demolish the existing residence in Stuart Park Reserve; and

Construct a new residence at the southern fringe of the Stuart Park Reserve, with direct access to George Hanley Drive.

This resolution informed the 2000 Plan of Management and, later, the 2007 Plan of Management and the location of a future skydiving operations building to replace the cottage.

Skydiving has been occurring in Stuart Park since 1996, when the original operator commenced the activity. He operated as Wings, Skydive over the Beach, until 1997 when he moved to Thomas Dalton Park but the business suffered a downturn in patronage at that location and ceased operating.

SKB has operated skydiving activities under licence from Council in its capacity as trustee for the Stuart Park Reserve Trust since 5 June 1999. The operators at that time were A Boucaut and L Wright trading as Adrenalin Sports Skydiving. In 2001, the development consent and a licence were issued to Mr A Boucaut solely.

Apart from the landing zone licensed in Stuart Park, a licence was issued for an alternative zone at Thomas Dalton Park, Fairy Meadow in 2005. As stated, the business originally operated as Adrenalin Sports Skydiving, later acquiring the ‘Skydive the Beach’ name and changing to it in 2003. The current operators have continued to operate at Stuart Park since then as Skydive the Beach.

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Ordinary Meeting of Council 27 April 2015 11

In their development application in 1998, Adrenalin Sports asked the question “Why Stuart Park” and provided the following:

In promoting Wollongong as a scenic area, Stuart Park is by far the most attractive beach park.

Stuart Park offers a full tree bound enclosure, attractive and well maintained grasslands, nearby modern resort style buildings and amenities, hotels, restaurant and cafes that would benefit from increased tourist activity.

It would be logistically advantageous to have the ability to offer overnight and weekend packages utilising the surrounding amenities.

The activity in Stuart Park provides excitement for other park users who often clapped and made positive comments.

The passive security offered at Stuart Park for participants, through the level of users in the park.

They also pointed to the serious slump in customers when the previous business moved from Stuart Park to Dalton Park.

The advantages of Stuart Park to other locations are summarised as:

Stuart Park is a key tourist destination in the city. SKB advise that 80% of their customers come from the Sydney Metropolitan Area or are international travellers collected in Sydney and transported to Wollongong. These tourists are attracted by the activity, not the City. SKB spend around $900,000 per annum marketing skydiving and Wollongong which has a spin-off of marketing the city as a tourist destination.

As the skydivers arrive at and depart from their skydiving experience, they are in the centre of a major tourist location. This provides the best opportunity for local surrounding business to capture expenditure from these visitors. SKB operate about 19,000 jumps per year and advise that, on average, they have 2.8 additional people attend to witness the landings. That amounts to around 72,000 visitors to the city as a result of this activity. At other more remote areas, with less or no tourism infrastructure, there is less opportunity to retain those visitors and capture additional spend.

The skydiving activity adds to the vibrancy and excitement of the park as a major tourist centre. Visitors not associated with the skydiving activity, experience the landings and the thrill of watching the skydivers descend. This provides something unique in our major tourist location.

An earlier shift to another location saw that business fail along with a later business in a more remote location also fail.

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Ordinary Meeting of Council 27 April 2015 12

At its meeting on 28 April 2014, Council resolved ‘Council support in principle the activity of skydiving at Stuart Park and reaffirm this component of the Blue Mile Master Plan’.

Other Activities in Stuart Park

Stuart Park, being one of the major open space areas in the city, has a high level of demand as follows:

Community Activities

There are a number of events in Stuart Park ranging from very large community based and school events to smaller family and school events.

ACTIVITY 2013 2014

Weddings 43 19

School Events 42 29

Community Events 2 92

Private Events 16 16

Charity Fund Raising Events 25 8

TOTAL EVENTS 128 164

There are a larger number of unbooked events happening at the site, but data is not held on those.

Commercial Activity

A range of commercial activities occur in Stuart Park which are:

Skydiving;

Lagoon Restaurant; and

Personal Fitness Trainers.

Lagoon Restaurant

The Lagoon Restaurant operates under a ground lease on an area of approximately 1,550m2. The Lagoon has a 20 year lease which expires 10 July 2026 and an annual licence fee of $58,635 pa which increases with CPI each anniversary and a review to market each five years.

Personal Fitness Trainers

Six personal fitness training licences have been issued for Stuart Park. Fitness Training has been an operation at Stuart Park since 2007 and fees are determined each year in the Fees and Charges structure.

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Ordinary Meeting of Council 27 April 2015 13

Current licences for Stuart Park are listed below:

Licensee Licensed #'s Area Annual Fee Hours per day

Skydive the Beach

‐cottage n/a 360m2 $38,000 8 hours

‐ Landing Zone n/a 250m2 $5,470

80 minutes based on 8 

jumps per day at 10 

mins per jump

Lagoon Restaurant n/a 1,550m2 $58,634 12 hours

Surf School  n/a

Fitness Trainers

Savvy Fitness 

37‐ 54 per 

session est up to 1,135m2 $4,398

Mon to Sat 6am to to 

8pm  and  Sunday 7am ‐

10am 

Definition Fitness

37 ‐54 per 

session est up to 1,135m2 $4,398 as above

Katie Walsh Fitness

11‐18 

participants 

per session est up to 650 m2 $2,584 as above

VO2 Viatality 

3‐10 per 

session  est up to 350m2 $1,760 as above

Body Mentality 

3‐10 artipants 

per session est up to 350m2 $1,760 as above

Teem Keen Coaching

3‐10  per 

session  est up to 350m2 $1,760 as above

Alternate Landing Sites

Council could seek to relocate the skydiving activity to an alternative location. However, the information provided by CASA and the current operator restricts that to north of Stuart Park and south of Bellambi Point. There are a number of other elements that need to be taken into consideration:

To be a successful business, they require access seven (7) days a week. Sports fields do not provide that level of availability; and

The dominant winds in Spring, Summer and August are easterlies, so a landing zone that allows an approach from the west. SKB currently use Stuart Park in these seasons due to the ‘clean air’ provided at Stuart Park. They use Dalton Park as an alternative when dominant north westerly winds operate and they land in a south to north area of the park.

Thomas Dalton Park

Thomas Dalton Park is used as an alternative landing zone when dominant winds are from the north-west. The skydiving landing zone is a north-south rectangular strip on

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Ordinary Meeting of Council 27 April 2015 14

the east of the cycleway. To be used as a full time landing zone, the sports fields would need to be available for the majority of the year but are highly utilised as shown below:

Wollongong Touch Association Mondays, Tuesdays and Wednesdays AFL Sundays Illawarra Baseball League Saturday and Sundays Cricket Junior and Senior Saturday and Sundays South Coast Wolves Soccer Mondays and Tuesdays Illawarra Churches Soccer Saturdays

In addition to the above, during the 2013 to 2014 period, there were a total of 136 social bookings. These included:

Ultimate Frisbee Competitions Puka Puka Community Social cricket matches NSW Touch Football Association School touch football matches The Illawarra Grammar School Berkeley Public School AFL NSW/ACT AFL Gala days for local school Oztag Championships Illawarra Archers Inc Archery competition Corrimal High School Wollongong Catholic Education Office Local Catholic schools sports days Australian University Sport Wollongong University students social

sport days The Colour Run Towradgi Public School Wollongong High School of Performing Arts

Smiths Hill High School Edmund Rice College

Conclusion

As one of the city’s premier foreshore locations, Stuart Park has a high level of both community and commercial activity.

Skydiving has operated in Stuart Park since 1996 on a small area of the park but is not isolating large areas of the park for long periods of time. It uses the park at lower levels of time and intensity than other users and has not generated complaints over the 15 years of occupation.

Fitness activities have operated in Stuart Park since 2007 and isolate a substantially greater area of the park for longer periods of time than the skydiving. They also have greater impact on the park grounds and infrastructure.

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Stuart Park is considered to be the best site for a viable skydiving operation given:

The opportunity for other local business to capture custom from the SKB customers;

The impression of the city left on the 72,000 visitors each year;

Two operators who have tried to operate at Dalton and Reed Parks have failed; and

The low impact on the park.

SKYDIVE THE BEACH

As already stated, Skydive the Beach commenced business at Stuart Park in 1999 when they recorded 1,486 jumps for the first year. That has been built to 19,000 jumps in 2013-14 at Stuart and Dalton Parks. Since then, they have built the business to include nine other sites around Australia and have established their National Head Office in Wollongong and their east coast maintenance centre at Illawarra Regional Airport:

Hunter Valley, Branxton;

Newcastle, Belmont;

Port Phillip Vic, St Kilda;

Great Ocean Road Vic, Barwon Heads;

Yarra Valley Vic, Lilydale;

York WA;

Perth WA;

Rockingham WA; and

Whitsundays Qld, Airlie Beach.

Skydive the Beach Group Limited listed on the Australian Stock Exchange on Friday 27 March 2003.

On 1 April, SKB acquired the business operations of Australia Skydive providing jump locations in northern NSW and Queensland and roughly doubling the organisation in terms of total jumps.

The Caretaker’s Cottage

Background

At its meeting on 20 November 1989, Council resolved to:

‘Demolish the existing residence in Stuart Park Reserve’; and

‘Construct a new residence at the southern fringe of Stuart Park Reserve, with direct access to George Hanley Drive’.

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The cottage at that time was being used as a park ranger’s residence and was in such a state of disrepair that it was considered the cost of repairs on the building could not be justified. It is not clear from the property file why this did not proceed but seems to be linked to the discontinuance of a full time ranger at the park.

The Blue Mile Master Plan was adopted by Council at its General Meeting on 19 November 2007 and reflected a consistency in application of previous Plans of Management which proposed the move of the cottage to the southern fringe of the park with direct access to George Hanley Drive. An outcome sought in the Master Plan for Stuart Park was the demolition of the ‘caretaker’s cottage’ and relocation of the existing operation facility for SKB to the southern fringe of the Stuart Park Reserve with direct access to George Hanley Drive.

An assessment of the condition of the ‘caretaker’s cottage’ by Council staff in 2009 revealed the following current issues with the building:

Asbestos in walls, ceilings and eave linings;

Little underfloor clearance providing minimal underfloor ventilation;

Electrical wiring is building age and would require replacement;

Roof replacement is ideally required;

Windows require replacement;

Floor coverings require replacement;

Cement render is crumbling and requires replacement before painting;

Building is not DDA (Disability Access) compliant; and

Other Building Code of Australia issues such as exit lighting required for office type use.

The preliminary estimated cost to repair the building is $700,000, exclusive of professional fees and project management.

Lease/Licence

In early 2000, Council was preparing a Plan of Management over the Stuart Park Reserve. In May 2000, SKB approached Council ‘to use the derelict cottage’ as an office/storage centre for the North Beach operation. As the future of the cottage was still uncertain, but with a desire to demolish it, a short term licence was approved by Council’s General Manager under delegated authority, with advice to the Crown Lands Division. The Council Policy on Crown lands was that only licences in excess of five (5) years required public competition.

While Council provided the licence, it was on the basis:

That it made no representation as to the building being fit for use;

Was not prepared to contribute to any improvements or maintenance; and

SKB were required to immediately carry out repairs to ceilings and the electrical system.

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SKB have completed the following work during their occupation since 2000:

Replaced some and repaired all ceilings;

Replaced the majority of window glass;

Replaced some internal and external linings;

Replaced and relocated hot water system;

Installed hand basin and repaired WC; and

Repaired external plumbing.

This work reflects the repairs identified in 1989, when the decision was made to demolish the cottage.

The lease arrangements over the cottage are:

January 2006 – commenced with a three year licence under the General Manager’s delegation and with approval from the Crown Lands Division.

October 2009 – a further five year lease was entered into again under the General Manager’s delegation and with approval from the Crown Lands Division.

October 2014 – has continued under the holding over clauses since that time pending the outcome of a development application to construct a new facility in Stuart Park.

A summary of these arrangements is as follows

Date  Operator Term Approval Rental Basis Crown 

10/07/2000

Adrenalin 

Sports  6 months GM $100pw Neg Yes

10/01/2001

Adrenalin 

Sports  6 months GM $100pw Neg Yes

10/07/2001

Adrenalin 

Sports 

1 month 

then 

holding 

over GM $100pw Neg yes

1/01/2006 A Boucaut 3 years

GM ‐ reported to 

Council for Seal $13,000pa Neg Yes

1/10/2009 A Boucaut 5 years GM $30,000pa 

Valuation 

$19,000 yes

1/10/2014

Holding 

Over

Cottage

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Note – General Manager approval has been under Delegated Authority from Council and in terms of Council Policies.

While the early arrangements were for a fairly nominal rent of the ‘derelict cottage’, which the lease has been required to improve and maintain, more recent leases have achieved a commercial rent, close to CBD commercial rates and have proven to be a sound return for Council.

Following the assessment of the building condition, the principal of SKB, Mr Anthony Boucaut, approached Council in 2011 with a proposal to lease land in Stuart Park, to facilitate construction of a new building. The location proposed was consistent with the Blue Mile Master Plan to facilitate continuity of the business. Given this involved direct negotiation, approval was sought and obtained from the Crown Lands Division to proceed with direct negotiation on the basis that SKB had a long history with the site and the business was one that had been established and grown by the company.

The proposal is that SKB will finance the construction of the facility and carry the responsibility for the maintenance of the building during a lease period. Mr Boucaut has sought lease conditions that will allow him to amortise the building cost over the term of the lease, while meeting a commercial rent over the land on which the building is to be constructed.

SKB have lodged a development application to construct a purpose built facility that will provide for reception and instruction/induction of customers, packing of parachutes and a small kiosk to service the firm’s customers. This was presented to the Independent Hearing and Assessment Panel on 20 January 2015 and received conditional support in a location different to that originally proposed, but as identified in Attachment 1. A development consent was issued on 16 March 2015.

The consent is for the facility to be constructed on the site of the current amenities building and public toilets (Attachment 1) at an estimated construction cost of $1,243,644. The existing buildings will be demolished and the new facility will include public toilets to replace those being demolished. The current toilet block has been assessed as having a remaining life of two years requiring replacement.

The amenities building is currently partly used by a Council Works Crew for storage and as a lunch room. It has an assessed effective life of eight years. It has been intended to relocate the storage and lunch room.

SKB has approached Council to negotiate an Agreement to Lease for the new facility to facilitate construction.

LICENCE/LEASE RENEWAL

As stated, SKB approached Council in 2011 with a proposal to construct a building to replace the cottage. At that time, Crown Lands policy allowed for the extension of a lease/licence for existing lessees where the tenant has demonstrated sound business management, is not in default of the terms of the lease or licence and will agree to a market review of rental. Given this involved direct negotiation, authority was sought and

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received from the Crown Lands Division to proceed with those negotiations. However, current Crown Lands Policy is that unless there are exceptional circumstances, then all leases and licences on Crown Lands should proceed to public competition.

There are three separate licences under consideration:

Licence to conduct skydiving activities in Stuart Park under the current Development Consent DA-2009/681.

Licence to conduct skydiving activities in Thomas Dalton Park under current Development Consent DA-2005/473.

Agreement to Lease an area of 461m2 to facilitate the construction of a building to facilitate the operation of the skydiving activity at both locations. Consent issued for this building on 16 March 2015, or potentially a new lease on the existing cottage.

Council has three courses of action in respect to continuation of the skydiving activities in Wollongong for consideration under its current policy on leasing Council land:

1 Tender – a strict process with closely defined specifications which interested parties are invited to address;

2 Call for Proposals – while a clear assessment criteria is established. This is a more fluid process that allows alternatives to be proposed and explored which may be more beneficial than the stricter tender process. Examples of the key differences can be seen in areas such as lease Term. In a tender Council would define a term, whereas in a Call for Proposals the proponent can propose a lease term to best suit their proposed capital investment. Also in purpose in a Tender we would call for a specific purpose such as construct a new facility, whereas in a Call for Proposals a proponent might chose to propose renovation of the existing cottage; and may allow council to negotiate a contribution to certain items in a new building which meet our needs such as public toilets and staff facilities. This may be offset by a higher rent.

3 Direct Negotiation – continue to negotiate solely with the current licensee/lessee without any formal public competition or assessment criteria. This would require a strong Probity Plan and Negotiation Protocol and compliance with the ICAC Guidelines. Council sought and received approval from Crown Lands Division in 2011 to Direct Negotiate. However, in recent discussions with Crown Lands, they have advised that while it may be possible to continue with direct negotiation, in terms of their current policy, this would need to be reconfirmed with the approval of the Deputy Director General for Lands and Natural Resources.

A submission to continue with direct negotiation would need to demonstrate that the first principles of the ICAC Guidelines and address the “Uniqueness test as detailed in the NSW Government’s Unsolicited Proposals – Guide for Submission and Assessment 2014”.

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1 TENDER

Positive

• Allows wide participation

• A transparent process

Negative

• Risk current operator could win but may not offer as high a price as presently paying;

• Strict application of criteria may lead to unintended consequences and can limit innovative proposals.

• May place current jobs at risk. Without the Wollongong operation, the current operator would have no need to retain both its National Office presence in Wollongong or its aircraft maintenance facility at Illawarra Regional Airport as these jobs are not location specific;

• Current operator has strong Sydney marketing and sales systems which he may move refocus to his Central Coast operation, which would mean the loss of 72,000 visitors to the City; and

• Given the current operator’s strong market position, a new incoming operator may not be able to maintain the activity levels of the current one or be able to build to the current level of activity.

2 CALL FOR PROPOSALS

Positive

• Allows wide participation

• A transparent process

• Allows broader negotiation than a straight tender

Negative

• Risk current operator could win but may not offer as high a price as presently paying;

• May place current jobs at risk. Without the Wollongong operation, the current operator would have no need to retain both its National Office presence in Wollongong or its aircraft maintenance facility at Illawarra Regional Airport as these jobs are not location specific;

• Current operator has strong Sydney marketing and sales systems which he may move refocus to his Central Coast operation, which would mean the loss of 72,000 visitors to the City;

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• Given the current operators strong market position, a new incoming operator may not be able to maintain the activity levels of the current one or be able to build to the current level of activity.

3 DIRECT NEGOTIATION

Positive

• A known and well managed business that has grown, created employment and committed to the city and region.

• Negotiation is not limited to what is in a tender. Valuation and with a sound probity plan and negotiation protocol should ensure best value is obtained.

• Is there anyone who will do a better job, given the current operator has now listed on the Australian Stock Exchange, merged with the other major operator and is the major supplier in the market.

Negative

• Not seen as a transparent process that gives all available parties an opportunity.

• Is this the best value for Council?

Direct Negotiation

The first principles as outlined in the Independent Commission Against Corruption Guidelines on Direct Negotiation and highlighted in italics below are:

Obtaining best value for money – ‘Obtaining best value for money is a fundamental principle of public sector work. When it is known that there are other proponents who could feasibly compete for a contract, agreeing to direct negotiate with a single person increases the risk that the agency may not receive best value for money.’

A strong Probity Plan supported by a sound Negotiation Protocol and an independent valuation, should ensure value for money. Council’s Procurement and Record Keeping policies should ensure transparent and accountable decisions are made.

Providing a fair chance to do business with Government – ‘Doing business with government is a key driver of economic activity and many private firms and not-for-profit organisations rely on access to government contracts in order to stay in business. Direct negotiations can unfairly exclude capable firms that employ staff, pay taxes and contribute to the economy.’

While this is generally aimed at opportunity where government is seeking to issue a contract for goods or services, the following comments are made:

The current business has been built out of the proponent’s own efforts and has not resulted from Council’s activities or investments. The proponent took a risk with the failure of the previous business meaning Wollongong was an unproven location. The opportunity is one that is somewhat unique to the proponent having

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proven the business viable with two failures. However, there are 69 other skydive companies operating in Australia who, now that the location is proven, may bid for the opportunity.

Demonstrating accountability and transparency – ‘Accountability and transparency are related concepts. Accountability involves keeping good records that leave an audit trail. Transparency means opening processes to allow scrutiny and criticism.’

Council’s policies require appropriate record management and independent review to ensure appropriate accountability and transparency are provided. The opportunity is highlighted in both the Plan of Management prepared for the foreshore and the Blue Mile Master Plan. These plans have been subject to a substantial level of community consultation.

Dealing with Conflicts of Interest – ‘Direct negotiations can create an environment where private interests could influence or be seen to influence the outcome of the contract.’

Council’s policies require that where an officer has a personal interest that could have an impact on the manner they undertake their public responsibilities, they are to declare the conflict and have an approved process to eliminate the conflict. Council officers involved have declared no conflicts. In addition, the final decision in respect to the Agreement and Lease terms will be taken by Council. It is also important to note that SKB officers and staff have had no input into the instructions provided to Council’s valuer.

Crown Lands Division Considerations

As stated, the proposal will require Ministerial approval in addition to Council’s approval. The considerations the Crown will take in assessing whether the lease terms are to be approved are:

Whether the proposed lease is in the public interest:

As stated earlier, the lessee has operated at the site since 1999, building a tourism business that contributes to the direct and indirect employment of 139 people and contributing to the local economy by an estimated $26.8 million per annum. Skydiving has become somewhat symbolic of Wollongong and adds to the vibrancy and activity in one of the City’s major tourist locations. The company has ‘packaging’ arrangements with five other local tourism operators.

Whether the purpose of the proposed lease is compatible with the reserve purpose:

Stuart Park was established by Proclamation under the Public Parks Act of 1884 for the purpose of ‘parks, or grounds for public recreation, or as places for bathing’. The use (skydiving) is considered to fit within reserve purpose.

Whether the granting of the lease is consistent with the principles of Crown Lands Management:

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The principles of Crown Lands Management as set out in Section 11 of the Crown Lands Act 1989 are that:

(a) Environmental protection principles be observed in relation to the management and administration of Crown land;

(b) The natural resources of Crown land (including water, soil, flora, fauna and scenic quality) be conserved wherever possible;

(c) Public use and enjoyment of appropriate Crown land be encouraged;

(d) Where appropriate, multiple use of Crown land be encouraged;

(e) Where appropriate, Crown land should be used and managed in such a way that both the land and its resources are sustained in perpetuity; and

(f) Crown land be occupied, used, sold, leased, licensed or otherwise dealt with in the best interests of the State consistent with the above principles.

The proposed development and lease is consistent with these principles.

Whether the proposed lease was or is to be selected by public competition and, if not, the circumstances relating to the selection of the proposed lessee:

Public competition is proposed.

Whether the proposed rent represents a proper return to the public for the use of public land:

The licences fees and rent will be negotiated with the assistance of a commercial valuation by a leading commercial/independent licensed valuer.

Whether the proposed lease will contain provisions for the periodic review of the rent:

Lease terms are for CPI increase annually with review to market each five years.

Whether the proposed lease contains clauses relating to:

The indemnification of the reserve Trust, the Crown and the NSW against claims for compensation;

Appropriate insurance clauses; and

These provisions will be included in lease documentation.

As stated above, the Minister will advertise the intention to enter into a lease in the locality where the lease is to be granted to provide the community opportunity for comment.

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OPTIONS

Council has the following options to consider: 1 Council decline to offer further leases and licenses to facilitate skydiving in the city;

2 Council decline to offer further leases and licenses to facilitate skydiving activities in Stuart Park but seek to find other locations where skydiving might occur;

3 Council support skydiving activities in Stuart Park and Dalton Park and proceed to a formal tender process. This would need to determine whether those activities were to be conducted from the existing cottage with renovations to be undertaken to bring it up to appropriate Building Code of Australia standards and Disability Access standards, or to construct a new facility;

4 Council support skydiving activities in Stuart Park and Dalton Park and Call for Proposals on how this would be facilitated; and

5 Council

a support skydiving in Stuart Park and Dalton Park b support direct negotiation on a landing zone in Dalton Park; and c seek approval from the Crown Lands Division [Deputy Director General] to

directly deal with the current lessee/licensee to provide licenses to land in Stuart Park and an agreement to Lease to facilitate construction of a building for the following reasons:

i Discussions and agreement to proceed to direct negotiation being agreed by Council and the Crown Lands Division in December 2011;

ii The matters raised in Schedule 3 of the ICAC recommendations on Direct Negotiation can be addressed;

iii The business activity is somewhat unique and has been built into its current level of activity by the efforts of the licensee,

iv The uniqueness is demonstrated by the licensee through his own efforts to established a “CASA Safety Exclusion Zone” over North Wollongong as well as a “Restricted Landing Zone” at Stuart Park. This and the processes and procedures established has resulted in an accident free operation since establishment in 1998;

v The business has committed to the region with its National Head Office in Wollongong and the servicing of its 16 aircraft servicing the east coast of Australia at Illawarra Regional Airfield at Albion Park;

vi The Federal Government provided $815,000 by way of an Illawarra Regional Innovation and Investment Fund Grant to support the business growth and provide jobs in the region. SKB have met all of their employment targets of 20 additional full time jobs set by the Government

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well in advance of the timeline, creating apprenticeships in aeronautical engineering as well as traineeships in business management;

vii The current licensee has built the business from 1,486 jumps in 1999 to 19,000 last year. In this time, two other skydive operators in the city have failed with one moving to the south coast;

viii The business currently contributes 71 [FTE] direct jobs and an estimated 52 [FTE] indirect jobs to the region. It is estimated also that a further 30 jobs will be generated by the listing and acquisition of another company. These jobs are in the 18-35 age demographic so are meeting the highest demand area for employment in the city;

ix The business contributes direct and indirect gross regional product of $26.8 million to the region;

x There are no guarantees that another company could immediately establish at the same level of activity generating the economic benefits currently enjoyed by the city; and

xi The business has shown strong growth, recently listing on the Australian Stock Exchange.

PROPOSAL

Assuming that it is accepted that commercial skydiving in Wollongong provides a range of community benefits and is supported, there is essentially a cascading series of considerations to be made:

1 Does Council wish to confirm its resolution of 28 October 2014 and continue to support the activity of skydiving at Stuart Park and reaffirm this component of the Blue Mile Master Plan?

2 Does Council wish to continue with Direct Negotiation with SKB in regard to the license for the activity of skydiving in Stuart Park and Dalton Park?

3 how does Council wish to facilitate a license to operate the landing zones and an agreement for lease to facilitate the construction of a purpose built building to facilitate skydiving at Stuart Park, through the provision of a ground lease?

Council had originally considered a Direct Negotiation with the current Licensee/Lessor given that a robust argument could be established to do so based on the reasons outlined above.

However, it is recognised that the opportunity has not been placed to public competition to date and other skydive operators may wish to submit proposals. There are a reported sixty-nine other skydive operators nationally though none of comparable scale. In the event of a new or generic opportunity, Council would proceed to a public process.

Any lease or licence negotiated will also require Ministerial approval and, as already mentioned, the current policy of the Crown Lands Division is that unless there are

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exceptional circumstances, all leases and licences should be by way of public competition. Council’s policy is that unless there is a clear community benefit that can be established, leases and licences will be awarded through public competition.

Public competition can be through tender, quotations or calls for proposals. The value of the business opportunity to the City is greater than just the level of licence fee/rent that can be achieved.

There is a need to try to preserve the employment and other economic benefit and to be seen to be continuing to promote business and tourism growth. To ensure that those benefits are not lost to the city, it is proposed to proceed to a Call for Proposals.

A Call for Proposals will allow opportunity from other established businesses in the skydiving industry to participate. The Call for Proposals will be seeking a fair rent based on an external valuation by a senior valuer and asking for indicative terms. It is proposed that the initial call for proposals will be assessed against:

- Demonstrated experience and ability to build a business with a strong history of safety. This will include the ability to maintain the current levels of activity and the potential to build into the future;

- What economic value will the proposal add to the city, particularly in employment and gross product?

- How will the proposal contribute to the marketing of the City and the rebranding from the traditional perception of Wollongong as a manufacturing city?

- Financial capacity and sustainability of the proponent to achieve the proposed business growth.

CONSULTATION AND COMMUNICATION

Prior to entering into Direct Negotiation, Council sought and received the approval of the Crown Lands Division. Council has recently confirmed with Crown lands Division that Direct Negotiation will only be considered in circumstances that include a unique opportunity and where ICAC guidelines, Schedule 3 can be clearly addressed. Council will continue to consult with the Crown Lands Division in seeking Ministerial approval.

Council has sought an independent valuation to support its negotiations of the lease terms.

Internal consultation with appropriate divisions has been undertaken and will continue to be held.

PLANNING AND POLICY IMPACT

This report contributes to the delivery of Wollongong 2022 under the Objective Local employment opportunities are increased within a strong local economy and Goal – We are an innovative and sustainable economy community.

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It specifically delivers on core business activities as detailed in the Economic Development and Property Services Service Plan 2014-15.

Council’s ‘Lease or Licensing of Land, Buildings or Public Roads Policy’ allows for lease or license of Crown Land to be by way of Tender, Calls for Proposals or Direct Negotiation.

Council’s policy on lease/licence rent/fee renewal is that it is reviewed to market at either renewal date or every five years, whichever is the lesser and is increased by CPI at each interim anniversary. This is common commercial practice.

FINANCIAL IMPLICATIONS

Council currently receives:

$5,470 (plus GST) for the Stuart Park licence.

$1,540 (plus GST) for Dalton Park; and

$36,499 (plus GST) from rental of the ‘caretaker’s cottage’.

CONCLUSION

The activity of skydiving has provided substantial benefits to the city and the region by way of employment, assisting reposition of the city’s image and delivering returns to the city based on commercial valuations.

The activity in Stuart Park has provided opportunity for other tourism operators to capture spend from the skydiving activity. It has also added to the ‘tourism spectacle’ in one of the city’s prime tourist locations.

The issue of Direct Negotiation has been considered in light of the ICAC recommendations and although there is a strong case for direct negotiation to continue, public competition for the right to conduct skydiving on community land is considered to be appropriate.

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File: CCL-160.40.095

ITEM 2 BRIDGE STREET THEATRE SITE - PROPOSED USE OF LOT 40 DP 5330 NO 24 BRIDGE STREET, CONISTON

Following a call for proposals in 2006, Council resolved on 29 May 2006 to sell No 24 Bridge Street, Coniston to Illawarra Community Broadcasters Ltd (trading as Vox FM). One of the conditions of sale was that should Vox FM wish to sell the property, Council would have the first right of refusal. Vox FM sought to divest itself of the property and offered it to Council under a Deed of Pre-emption. Council accepted the property back, and on 28 April 2014 resolved to classify the property as Operational Land and seek a report considering future use of the site.

RECOMMENDATION

Council -

1 Call for proposals from interested parties to purchase the property for continued use of the site to include a theatre precinct. Purchaser to be selected on merit against proposed assessment criteria.

2 Establish rights of way over both properties to preserve access to the Coniston Community Centre.

ATTACHMENTS

There are no attachments to this report.

REPORT AUTHORISATIONS

Report of: Susan Wardle, Manager Community, Cultural and Economic Development (Acting)

Authorised by: Jenny Thompson, Director Corporate and Community Services – Creative, Engaged and Innovative City (Acting)

BACKGROUND

In 2006, Council sought expressions of interest from the community for the operation of the Bridge Street Theatre and the Coniston Community Centre. The theatre had been returned to Council in 2003 following the demise of Theatre South which had operated the theatre for many years. The two buildings share a car park and Council sought to minimise management costs by licensing a single community group to manage both facilities. The building, at that time, did not meet the Building Code of Australia standards for a place of public entertainment.

Following the call for expressions of interest, Council at its meeting of 29 May 2006 resolved to transfer Lot 40 DP 5330 Bridge Street, Coniston to Illawarra Community FM Broadcasters Ltd (trading as Vox FM) for $1, with a view to the Vox FM radio studios being relocated to that site from Ellen Street and on the basis of Vox FM (Vox) managing the theatre. Vox FM also agreed to take on the licence for management of

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the Coniston Community Centre, which it did until mid-2011 when it withdrew from the arrangement.

A condition of the property sale was that Council would have the ‘first right of refusal’ to reacquire the property for $1 in the event that:

1 Vox resolved to dispose of the site; or

2 Vox was in breach of the obligation to operate the theatre for the purpose of providing community performance space.

The Bridge Street Theatre was licensed by Vox to Phoenix Theatre Inc. Vox commenced work on an extension to a shed at the rear of the property to accommodate its relocation from Ellen Street, however, the works have not been completed and Vox has been unable to relocate its community radio operations to this site. The station continues to broadcast from the Council property in Ellen Street.

In light of this, Vox notified Council of the board’s decision that ‘Vox FM desires to dispose of the site and under the terms of Deed of Option and Pre-emption between the Council of the City of Wollongong and Illawarra Community FM Broadcasters Limited (dated 2 February 2007)’ and under the Deed of Pre-emption (Clause 7).

Council’s Legal Counsel advised that the transfer could proceed without any further resolution of Council as Council’s resolution of 29 May 2006 authorised this. Vox FM was subsequently advised that Council would pursue this option and the property transferred to Council’s ownership. This transfer has subsequently been registered and title issued in Council’s name.

The May 2006 resolution also provided that ‘if the property is returned to Council, a report be submitted to Council listing the options for the disposal of the property’. In the interim, Phoenix Theatre Inc has been granted a short term licence to continue to occupy the theatre pending a decision by Council on the future of the site. That licence is for a term of 12 months from 3 December 2014.

Phoenix Theatre Inc also holds a five year licence for Coniston Community Centre, which was granted on 1 December 2013 as a result of Council’s community facilities allocation process. The licence requires Phoenix Theatre Inc to manage and operate this centre for community, educational, social, youth, seniors, welfare and cultural activities.

At Council’s meeting of 28 April 2014 a report was presented proposing Lot 40 DP 5330 Bridge Street, Coniston be classified as Operational Land pursuant to Section 31 of the Local Government Act 1993. Council resolved that:

‘1 Pursuant to Section 32(2) of the Local Government Act 1993, Lot 40 DP 5330, located at 24 Bridge Street, Coniston be classified Operational.

2 A further report be provided to Council outlining options on the future use of this site.

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3 The classification proceed on the basis that Council has in principle support for the continued use of the site to include use as a theatre precinct.’

Property Details

- Lot 40 Deposited Plan [DP] 5330

- Classification: Operational Land

- Area: 1,214 square metres

- Zoning: R3 – Medium Density Residential

- Improvements: Theatre building and storage shed

- Current Lease: Phoenix Theatre (expires 31 December 2015)

Future Use Options

The following are options for consideration by Council –

1 Direct Deal with the current licensee (Phoenix Theatre) to enable its continued use of the theatre, either by way of direct sale or licence without public advertisement or a call for expressions of interest.

This option would allow Phoenix Theatre to:

further develop the site, recognise the considerable amount of time and monies the organisation has invested into the development of the theatre site and operations, and the successful management of the theatre to date;

continue all scheduled and in production performances; and

purchase the property or continue to operate from this site under some form of agreement. Phoenix Theatre Inc has already written to Council indicating its interest in this arrangement.

2 Call for proposals from interested parties to purchase the property for continued use of the site, with a requirement for inclusion of a theatre precinct.

The sale of the property could be considered under a number of different terms:

a sale under the same arrangement as occurred with Vox FM;

b sale at a nominated value, taking into consideration funds already expended by Phoenix Theatre on building compliance and development of the theatre, or funds allocated by an alternate potential purchaser for outstanding building compliance/maintenance works and development of the theatre, with Council retaining the buy back option;

c sale at a nominated value, with or without Council retaining a buy back option;

d sale at a nominated value under a loan agreement with Council, with or without Council retaining the buy back option;

e sale at market value for a theatre site.

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Option 2 would offer a transparent process and provide an opportunity for any interested party to make a submission which could be assessed against set criteria by an independent panel.

Assessment criteria proposed:

. Artistic and creative merit

. Community engagement and participation

. Business viability, planning and sustainability

. Financial viability

. Track record in delivery of community theatre program

. Demonstrated links to the delivery of Council’s strategic outcomes

. Financial offer [excluding fixtures and fittings]

The purchaser would be responsible for all ongoing costs.

3 Call for proposals from interested parties to licence the property for continued use of the site with a requirement for inclusion of a theatre precinct.

This option would constitute a transparent process and provide an opportunity for any interested party to make a submission, which could be assessed against set criteria by an independent panel. Under a licence agreement, Council would remain responsible for compliance and structural maintenance.

4 Sale of the property on the open market for medium density development, not for use as a theatre. This option is not in line with Council’s resolution of 28 April 2014.

The following matters need to be considered in relation to sale of the property -

- The property and Council’s adjoining community centre share a six metre driveway that straddles the property boundaries ie three metres on each boundary. Rights of way would generally be established in favour of both parties. If Council were to sell for development, this could be a major consideration.

- The shed at the rear of the property does not have an Occupancy Certificate and this would need to be declared in any sale proposal.

- The site has no parking.

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Option Pros Cons Direct Deal with Phoenix Theatre for continued use through either sale or lease

- Allows an established operator who has invested in the building to continue to operate the site.

- Continues the historical use of the site as a performance space.

- Realises on the asset and removes maintenance responsibility from Council.

- Is this the best ‘value for money’?

- May not meet probity expectations.

- Does not allow other parties to participate.

- Requires more detailed investigation of the governance and financial sustainability of Phoenix.

Call for proposals to purchase for continued use to include a theatre

- Continues the historical use of the site as a performance space.

- Is a transparent process allowing all interested parties to participate.

- Realises on the asset and removes maintenance responsibility from Council.

- Could see loss of existing tenant who has a history of achievement and investment in the site.

Call for proposals of interest to lease the property for continued use to include a theatre

- Continues the historical use of the site as a performance space.

- Is a transparent process allowing all interested parties to participate.

- Could see loss of existing tenant who has a history of achievement and investment in the site.

- Would see Council retain the asset and the ultimate responsibility for maintenance and compliance.

Sell the property on the open market without any restraints

- Would most likely yield the highest value with immediate return to Council.

- Is a transparent process allowing all parties (including theatre operators) to participate.

- Could see loss of existing tenant who has a history of achievement and investment in the site.

- Could see loss of cultural infrastructure as the site could be developed as residential under its current zoning.

- This option is not in line with Council’s resolution of 28 April 2014.

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PROPOSAL

The Bridge Street Theatre site has a long history of operation as a theatre, under a range of management bodies. It provides a particular type and level of theatre facility that is not otherwise available in the city. The facility contributes to the City’s cultural infrastructure.

Council’s position in the past has been that while it supported the use of the site as a theatre, it did not wish to continue to own the property, which is consistent with the objectives of the Financial Sustainability Program to minimise asset maintenance.

It is therefore proposed that Council calls for proposals from interested parties to purchase the property with a requirement for inclusion of a theatre precinct. Proposals to be assessed against set criteria by an independent panel.

It is also important that access to the community centre is preserved and that rights of way over and in favour of both properties, are established to preserve that access.

CONSULTATION AND COMMUNICATION

Councillor Information Note – 8 November 2013

Councillor Briefing – 10 February 2014

Councillor Briefing – 2 February 2015

Community, Cultural and Economic Development Division

Property and Recreation Division

Library and Community Services Division, Community Facilities Branch

Council has received letters from various individuals and community organisations requesting that the site remains a theatre. Several letters of support for Phoenix Theatre Inc have been received along with letters from other parties interested in the future of this site.

A number of stories have appeared in the local media regarding the future of this site.

PLANNING AND POLICY IMPACT

This report contributes to the delivery of Wollongong 2022 under the objective 3.1 Creative industries are established and fostered and objective 3.4 Strong diver local cultures thrive under the Community Goal Wollongong is a creative, vibrant city.

It specifically delivers on core business activities as detailed in the Cultural Services Service Plan 2014-15.

It also delivers on goals and strategies of the Cultural Plan 2014-18.

FINANCIAL IMPLICATIONS

Retention of this older building has ongoing maintenance implications for Council.

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CONCLUSION

The property at No 24 Bridge Street, Coniston has a history as a theatre and fills an important niche in the performing arts sector of the city. The current tenant has invested substantially in refurbishment of the building enabling it to successfully re-open and operate as a theatre.

Council has sought to dispose of this site due to high maintenance costs.

Although Council could proceed to direct negotiation with the current tenant, a call for proposals will provide all parties with the opportunity to express interest in purchase or licence of the property. This course of action would also enable Council to meet probity standards expected by the community.

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File: Z15/68923

ITEM 3 URBAN COOLING

At the Council Meeting of 23 June 2014, Council resolved that:

1 A report be prepared detailing elements which could form part of an urban cooling strategy.

2 The report consider resourcing constraints which may delay or prevent implementation of any measures and proposals for dealing with such constraints.

3 The report be the subject of a Councillor Briefing prior to consideration of any recommendations arising from the report.

This report addresses this resolution.

RECOMMENDATION

1 Council acknowledge the benefits of Urban Cooling.

2 Council note that the Draft Annual Plan 2015-16 includes the following projects which address urban cooling:

a Development of an Urban Greening Strategy;

b Development of a Sustainability Chapter of the Wollongong DCP.

3 Other actions to address urban cooling be considered as part of future annual planning processes.

ATTACHMENT

Urban Cooling Initiatives

REPORT AUTHORISATIONS

Report of: Renee Campbell, Manager Environmental Strategy and Planning Authorised by: Andrew Carfield, Director Planning and Environment – Future City

and Neighbourhoods

BACKGROUND

‘Urban cooling’ refers to strategies to mitigate the urban heat island (UHI) effect. The UHI effect refers to the localised warming and higher surface air temperatures in metropolitan areas relative to surrounding areas. In summertime, major cities can be several degrees hotter than surrounding areas and the increased temperatures from the UHI effect can be measured kilometres away.

Heat builds to a peak in late afternoon, and is retained at night, reducing the day-night temperature differential and the respite typically experienced with falling overnight temperatures during hotter times of the year.

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The thermal storage capacity and thermal profile of highly developed urban areas vary greatly from surrounding areas, as illustrated:

 Figure 1: The urban heat island effect. The average annual air temperature in cities (more than 1 million people) may be 1 to 3C hotter than surrounding areas. (Source: Climate Commission – The Critical Decade New South Wales climate impacts and opportunities 2012- from City of Sydney Urban Forest Strategy 2013).

The UHI effect is a by-product of urbanisation. Heat is generated in the urban environment in two ways: surface heat (direct radiation from the sun heating an area); and atmospheric heat (convection caused by hot objects and activities in urban areas radiating heat).

The intensity and formation of urban heat islands in local microclimates are influenced by a range of factors. Some of these which cannot be controlled are – the season, rainfall, wind, and cloud cover.

Factors influencing the UHI effect which can be controlled are aligned with key elements considered in urban design studies and analyses of our city, town centres, and suburbs. Principles include reducing the generation of waste heat, ameliorating the impact of heat on people and places, and improving the capacity of the built form to reflect and disperse heat.

Mitigating the UHI effect will require a combination of approaches in the following areas:

Vegetation Canopy cover provides shade, whilst all vegetation integrated into the built form provides temperature regulation, water cycle benefits, and evapotranspiration. An increase in the % cover of vegetation and diversity of species helps to mitigate the UHI effect.

Built form: materials Dark surfaces (including roads, paving, rooftops) absorb, trap and store heat and cause ambient air temperatures to rise; impermeable surfaces prevent regulation of temperature by water flow and retention. An increase in the use of reflective materials, opportunities for water permeability and improved building efficiency helps to mitigate the UHI effect.

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Built form: city structure Building density, wind flow, surface area exposed to solar radiation, orientation, and composition influence the ability of heat captured by structures to be released into the atmosphere. Improved urban design for environmental performance and human comfort helps to mitigate the UHI effect.

Human activity The overall population, and the way people interact with the urban environment, creates pollutants, waste heat and waste gases, through the use of motorised transport, body heat and respiration, air conditioning, and energy consumption. Reducing the demand for energy and a reduction in waste gases helps to mitigate the UHI effect.

Climate change, greenhouse gas concentration, increased urbanisation, population growth and biodiversity loss are predicted to exacerbate the UHI effect over time.

The extent to which the UHI effect in Wollongong has been studied is not known, however:

There is sufficient evidence of the known causal factors and mitigation measures in the literature and practice, both nationally and internationally, to extrapolate to Wollongong

Studies exist of the comparative benefits of native and exotic vegetation in mitigating the UHI effect in Wollongong

Council has detailed studies and data about urban density, transport and climate

Climate change is predicted to increase minimum and maximum daily

temperatures by 1.5-3.0C in Wollongong by 2050

Extreme temperature events (three consecutive days of 29 degrees Celsius or more) will increase over time in frequency and severity in Wollongong

Due to Wollongong’s coastal location, the UHI effect in the CBD is to some extent mitigated by favourable sea breezes

The residential population of Wollongong’s CBD will significantly increase over the next five years

PROPOSAL

Cooling the urban environment can be achieved through a combination of quality urban design, the use of high-performing materials, increased and diversified urban vegetation, and a reduction in localised emissions from transport and energy use. These principles are closely aligned with the Community Objectives and Goals in the Wollongong 2022 Community Strategic Plan (CSP).

The Delivery Program 2012-17 and Annual Plan 2014-15 outline the challenges, actions and outcomes in working towards delivering the Wollongong 2022 Community Strategic Plan (CSP).

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The key deliverables in the Annual Plan 2014-15 which are sympathetic to UHI mitigation are listed below. Progress against these deliverables is reported quarterly to the organisation and annually to the community. The Annual Plan 2014-15 details timeframes, responsible divisions, and links to CSP Community Objectives and Goals.

Coordinate Council’s Environmental Programs

Coordinate natural area restoration works at priority sites

Coordinate community environmental programs

Implement behaviour change projects which align with Council’s Environmental Sustainability Policy and Strategy

Implement and review annual water and energy savings actions

Implement resourced actions from the Environmental Sustainability Strategy

Engage with other tiers of government and the development/building industry to achieve improved development outcomes

Train key staff in green building/development principles

Commence implementation of the revised Wollongong Bicycle Plan when adopted

Assess the feasibility to expand the Gong Shuttle service to outer suburbs

Implement footpath and cycleway improvement programs and the development of city wide pedestrian plan

Accelerate capital program for footpath renewal.

Strategies to mitigate the negative impacts of the UHI effect have demonstrated positive benefits beyond temperature regulation. Urban cooling strategies are consistent with climate change adaptation and mitigation, sustainability planning, street tree management, health planning, urban design and renewal, and green building activities. Council has existing adopted strategies, policies, and plans which identify a range of these initiatives.

As outlined above, the core elements of an urban cooling program include enhancing vegetation, improving the built form and minimising the impact of human activity. In addition to the existing program of works outlined above, two specific projects have been identified in the draft 15/16 Annual Plan and Budget to mitigate the UHI effect and enhance urban cooling:

1 Development of an Urban Greening Strategy; and 2 Development of a Sustainability Chapter of the DCP

An overview of these projects is included in Attachment 1. Attachment 1 also outlines a range of other initiatives which would assist in achieving urban cooling. The current status and constraints of these initiatives is also included.

A Councillor Briefing on urban cooling was held on 16 March 2015.

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PLANNING AND POLICY IMPACT

Council’s Climate Change Adaptation Strategy and Action Plan (2010) is the guiding document which outlines key risks and mitigation measures for the Wollongong LGA and responsibilities across the organisation. Updated annually, it includes all identified risks, actions to address these risks, status, timeframe, budget, responsibilities and stakeholders.

The WCC Environmental Sustainability Strategy also identifies a range of actions to protect and enhance vegetation, enable community action for sustainability (including reducing waste and GHG emissions), and improve active transport.

The Illawarra Biodiversity Strategy (2011) identifies a suite of actions specifically to address conservation of natural areas, improve community engagement in biodiversity conservation, integration of native species into urban landscapes, and improve policy and regulatory responses to biodiversity conservation.

Council has commenced the review of the City Centre Revitalisation Strategy. The first stage of this process is a review of the City Centre Vision, which is being informed by Wollongong Public Spaces Public Life. The project is adopting an evidence based approach, collecting a range of data about the quality of our city and the comfort of the city experience for the people. Data collected will provide relevant evidence to analyse how the city is performing, and to benchmark progress against key actions. Elements including trees, active transport and pedestrian comfort are amongst a range of issues analysed.

This report contributes to the delivery of Wollongong 2022 under objectives 1.1;1.3;1.6 (Community Goal 1: we value and protect our environment) and objectives 5.3; 5.4; (Community Goal 5: we are a healthy community in a liveable city).

Ecological Sustainability

The Environmental Sustainability Policy and Action Plan (2014) identifies many actions aligned to recommendations in this report. These include: the need to quantify and strategically manage canopy cover; creating high amenity and sustainable urban streetscapes (including urban greening and street tree strategies); creating sustainable urban centres; and creating a healthy urban environment. Council is also actively implementing a range of strategies to support active and public transport.

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RISK ASSESSMENT

Hot weather and the UHI effect demonstrably affects the liveability, health and function of our cities. Risks and impacts include the following:

Air Quality Higher temperatures result in poorer air quality, rate of chemical reactions of common pollutants increases therefore increasing formation of smog, ground level ozone, other pollution

Public health Increase in heat stress-related mortality and illness, heat exhaustion/heat stroke, aggravated respiratory problems, higher risk for the vulnerable

Higher energy use Increase in GHG emissions, increases in electricity demand for air conditioning and lighting

Power shortages Peak energy use spikes, network failure and overload

Economic impacts Lower real estate values, reduced consumer spending, lower attendance and adverse impacts for patrons at public events

Behavioural Increase in level of violent assault, domestic violence, crime and antisocial behaviour

Water demand Increased demand for hydration, cooling, irrigation

Wellbeing Reduced comfort and amenity, decrease in quality of urban space and experience impacts on wellbeing

Transport Buckled train lines, failure of air conditioning systems, electrical faults, delays, motor vehicle breakdowns, soft sticky deteriorating roads

Flora and Fauna Vegetation and animal stress and mortality, increased rate of evaporation

Table 1: Impacts and risks associated with the UHI effect.

The Wollongong Climate Change Adaptation Strategy and Plan (2009) is updated annually and identifies a range of risks and vulnerabilities across Council core business. A number of these risks would be addressed by progressing adaptation actions scoped in this report.

FINANCIAL IMPLICATIONS

The current list of funded strategies and plans in the Draft Annual Plan 2015-16 operational budget and future year forecasts includes the following urban cooling-aligned priorities: Urban Greening Strategy ($50,000 in 2015/16); Sustainability Chapter of the Wollongong DCP ($30,000 in 2015/16); Street Tree Masterplan/Strategy ($40,000 in 2016/17).

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A range of resourcing constraints apply to implement further actions: staff time, budget (capital and operational), competing priorities, existing workload, and strategic direction. Further actions should be considered as part of future annual planning cycles.

The approximate cost associated with the time taken to prepare this report is $5,500.

CONCLUSION

Urban cooling can be encouraged through good urban design, proactive approaches to urban vegetation, and reducing localised emissions from transport and energy use.

There is a clear opportunity to take a co-benefit approach to progress actions which whilst delivering improved urban cooling outcomes, are aligned with identified needs and resource gaps in existing Council strategies and plans.

The population of the Wollongong CBD is predicted to double within the next five years, providing an additional driver to proactively analyse and plan for the comfort, performance and quality of our City.

The Draft Annual Plan 2015-16 identifies three funded strategies and plans which, if progressed, will contribute towards improved understanding and implementation of actions to encourage urban cooling.

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File: ESP-100.01.074

ITEM 4 DRAFT PLANNING PROPOSAL: INNOVATION CAMPUS - BOUNDARY ADJUSTMENT

The Innovation Campus at Fairy Meadow/North Wollongong was approved in 2003 and the development has benefitted the local and regional economy through construction employment and research and development opportunities.

On 15 December 2014 Council resolved to prepare a draft Housekeeping Planning Proposal for the Innovation Campus to amend the location of the SP1 Special Purpose / RE1 Public Recreation zone boundary on the western side of the Campus near Cabbage Tree Creek. The draft Planning Proposal was placed on public exhibition between 2 March and 16 March 2015. One submission was received.

The purpose of this report is to provide feedback on the public exhibition of the draft Planning Proposal to correct the zone boundary location and to seek a Council resolution to submit the finalised Planning Proposal to the NSW Department of Planning and Environment for approval.

RECOMMENDATION

The Planning Proposal for the Innovation Campus, Fairy Meadow / North Wollongong to amend the location of the SP1 Special Purpose / RE1 Public Recreation zone boundary on the western side of the Innovation Campus near Cabbage Tree Creek, with a corresponding amendment to the Height of Buildings map, be finalised under delegation issued by the NSW Department of Planning and Environment.

ATTACHMENTS

1 Site Locality Map 2 Zone Boundary 3 Proposed Zoning Map and Height of Buildings Map amendments

REPORT AUTHORISATIONS

Report of: Renee Campbell, Manager Environmental Strategy and Planning Authorised by: Andrew Carfield, Director Planning and Environment – Future City

and Neighbourhoods

BACKGROUND

The Innovation Campus was approved in 2003 as an extension of the University of Wollongong (Attachment 1). The Campus provides research and development opportunities that have benefitted the local and regional economies.

As part of the recent assessment for DA-2014/647 for the iAccelerate Centre it was discovered that the SP1 Special Purpose / RE1 Public Recreation boundary on the western side of the Innovation Campus site near Cabbage Tree Creek was not in its original agreed location. The zone boundary shifted up to 30 metres eastward when it

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was redrawn a number of times during the preparation and finalisation of the LEP amendment in 2002-2004 (Attachment 2). Earthworks and landscaping at the Innovation Campus were approved by Council through DA-2005/380 and reflect the original agreed western boundary. The Innovation Campus has requested that Council rectify the boundary to reflect an approved Masterplan for the site, to avoid impacting on future development.

PROPOSAL

To correct the zone boundary location at the Innovation Campus the Land Zoning and Height of Buildings Maps of Wollongong Local Environmental Plan 2009 need to be updated (Attachment 3). To prevent further errors the boundary has generally been aligned with the cadastral (lot) boundary, except where Swamp Oak Forest extends into the Innovation Campus site.

On 15 December 2014 Council resolved that:

1 A draft Housekeeping Planning Proposal be prepared for the Innovation Campus, Fairy Meadow / North Wollongong to amend the location of the SP1 Special Purpose / RE1 Public Recreation zone boundary on the western side of the Innovation Campus near Cabbage Tree Creek. A corresponding amendment be made to the Height of Buildings map.

2 The draft Planning Proposal be referred to the Department of Planning and Environment for Gateway determination and if approved be exhibited for a minimum period of 14 days.

3 Council request authority for the General Manger to exercise plan making delegations in accordance with Council’s resolution of 26 November 2012.

A favourable Gateway determination was subsequently received on 15 January 2015 and the draft Planning Proposal was placed on public exhibition between 2 March and 16 March 2015.

CONSULTATION AND COMMUNICATION

The draft Planning Proposal was exhibited between 2 March and 16 March 2015, in line with the Gateway determination. As the proposal is a minor adjustment/correction and only affects land within the Innovation Campus, a broad exhibition was not required. Adjoining property owners, and Neighbourhood Forums 4 and 5, were notified of the public exhibition by mail.

The public exhibition was advertised through Council’s website and in the Advertiser. Copies of the suite of material were available for viewing on Council’s website, in Wollongong library and at Council’s Customer Service Centre in the Administration Building, Wollongong.

As a result of the public exhibition the website page received 47 views and the draft Planning Proposal was downloaded 21 times. One submission was received. At its

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meeting dated 4 March 2015 Neighbourhood Forum 5 agreed that a submission be made in support of the Planning Proposal, subject to resolution of any flooding issues.

The impact of flooding is being addressed through the Innovation Campus Masterplan and Development Control Plan process and does not inhibit this housekeeping Planning Proposal amendment from being made.

PLANNING AND POLICY IMPACT

This report contributes to the delivery of Wollongong 2022 Objective There is an increase in the physical fitness, mental health and emotional wellbeing of all our residents under the Community Goal We are a healthy community in a liveable city.

It specifically addresses the Annual Plan 2014-15 Key Deliverable Assess rezoning submissions on a priority basis and progress supported Planning Proposals which forms part of the Five Year Action the long term needs of the community, including our people and our places, are effectively planned for, contained within the revised Delivery Program 2012-17.

CONCLUSION

It is recommended that Council resolve that the Planning Proposal be finalised under delegation issued by the NSW Department of Planning and Environment to rectify a mapping error at the Innovation Campus, which is inconsistent with the adopted and draft Masterplans, and if not corrected could impact on future development opportunities at the site.

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File: CF-05.02485

ITEM 5 PROPOSED ACQUISITION AND DEDICATION OF PORTION OF LOT 1163 DP 1111446 NO 40 GAYANTAY WAY, WOONONA AS PUBLIC ROAD

A condition of consent for DA-2002/2308 was the provision of a 2.5m wide pathway over Lot 1163 DP 1111446 No 40 Gayantay Way, Woonona from Gayantay Way to the Princes Highway.

However, the conditions of consent did not prescribe dedication of the pathway to Council and it remains in the ownership of Strata Plan 82922. The Strata Plan recently advised that they are considering closing off the pathway which is contrary to the intent of the condition in DA-2002/2308 and would remove a vital pedestrian link from Edgewood Estate to the Princes Highway.

In order to resolve the matter, it is proposed Council acquire the pathway and dedicate it as public road. This report seeks approval to the acquisition and dedication of the pathway.

RECOMMENDATION

1 Council authorise the acquisition of the portion of Lot 1163 DP 1111446 No 40 Gayantay Way, Woonona, for $1.00 (GST exc) as shown on the attachment to this report.

2 Upon the acquisition being finalised, the subject land be dedicated as public road under Section 10 of the Roads Act 1993.

3 Authority be granted to affix the Common Seal of Council to the plan of acquisition, transfer documents and any other documents required to give effect to this resolution.

ATTACHMENT

Portion of Lot 1163 DP 1111446 No 40 Gayantay Way, Woonona proposed to be acquired and dedicated as public road

REPORT AUTHORISATIONS

Report of: Peter Coyte, Manager Property and Recreation Authorised by: Greg Doyle, Director Corporate and Community Services – Creative,

Engaged and Innovative City

BACKGROUND

A condition of consent for DA-2002/2308 was the provision of a 2.5m wide pathway over Lot 1163 DP 1111446 No 40 Gayantay Way, Woonona from Gayantay Way to the Princes Highway.

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However, the conditions of consent did not prescribe dedication of the pathway to Council or a future management mechanism for the land and it remains in the ownership of Strata Plan 82922. Due to the time delay incurred in finalising this matter, the Strata Plan owners are considering closing off the pathway. If the path is closed, it would remove a vital pedestrian link from Edgewood Estate to public transport on the Princes Highway and is contrary to the condition in DA-2002/2308.

To resolve this matter, it is proposed Council acquire the pathway and dedicate it. The owners of Strata Plan 82922 have offered the land to Council for $1.00 (GST exc) and Council has agreed to pay all costs in the transfer and dedication of the land as public road.

PROPOSAL

It is proposed that Council acquire part of Lot 1163 DP 1111446 No 40 Gayantay Way, Woonona and dedicate the land as public road under Section 10 of the Roads Act 1993.

Council has agreed to be responsible for all costs in the matter.

CONSULTATION AND COMMUNICATION

Strata Plan 82922.

Officers from the Infrastructure Division are in favour of the acquisition and dedication.

PLANNING AND POLICY IMPACT

This report contributes to the delivery of Wollongong 2022 under the objective ‘The long term needs of the community, including our people and our places, are effectively planned for’ (Community Goal ‘We are a healthy community in a liveable city’).

It specifically delivers on core business activities as detailed in the Property Services Service Plan 2014-15.

FINANCIAL IMPLICATIONS

The owners of Strata Plan 82922 have offered the subject land to Council for $1.00 (GST exc) and Council has agreed to be responsible for all costs in the transfer and dedication of the land as public road. These costs will include survey, plan lodgement and gazettal costs which are available in the current budget.

CONCLUSION

As the subject pathway is a vital pedestrian link between Edgewood Estate and public transport on the Princes Highway, it is recommended that the acquisition and dedication of the land be approved, as set out in this report.

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File: PR-005.08.058

ITEM 6 PROPOSED GRANT OF EASEMENT FOR PADMOUNT SUBSTATION AND RESTRICTION AS TO USER OVER LOT 1164 DP 200706 WINNIMA WAY, BERKELEY

Council is proposing to undertake refurbishment works at Berkeley Community Hall and Senior Citizens Centre located on Lot 1164 DP 200706 Winnima Way, Berkeley.

These works require the installation of a padmount substation. Endeavour Energy has requested Council grant over Lot 1164 an Easement for the substation and a Restriction as to User over the surrounding area in order to protect their asset.

This report seeks approval to the grant of the Easement and Restriction as to User.

RECOMMENDATION

1 Council authorise the grant of an Easement for Padmount Substation 2.75m wide and Restriction as to User 12.75m wide over Lot 1164 DP 200706 Winnima Way, Berkeley, as shown on the attachment to this report.

2 Council be responsible for all costs in the creation of the Easement and Restriction as to User.

3 Authority be granted for the Common Seal of Council to be affixed to the Transfer Granting Easement documents and any other documents required to give effect to this resolution.

ATTACHMENT

Plan of proposed Easement for Padmount Substation and Restriction as to User over Lot 1164 DP 200706 Winnima Way, Berkeley

REPORT AUTHORISATIONS

Report of: Peter Coyte, Manager Property and Recreation Authorised by: Greg Doyle, Director Corporate and Community Services – Creative,

Engaged and Innovative City

BACKGROUND

Council is proposing to undertake refurbishment works at Berkeley Community Hall and Senior Citizens Centre located on Lot 1164 DP 200706 Winnima Way, Berkeley.

These works require the installation of a padmount substation. Endeavour Energy has requested Council grant over Lot 1164 an Easement for the substation and a Restriction as to User over the surrounding area in order to protect their asset.

Under Section 46 of the Local Government Act 1993, Council may grant easements for public utilities. It is proposed that this easement be created by Transfer Granting

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Easement document. Council will be responsible for all costs in the creation of the Easement and Restriction as to User.

Public consultation has been undertaken on the proposal, comprising a notice in The Wollongong Advertiser, a sign on the land and letters sent to 36 local residents. No submissions were received.

PROPOSAL

It is proposed that Council consent to the granting of an Easement for Padmount Substation 2.75m wide and a Restriction as to User 5m wide over Lot 1164 DP 200706 Winnima Way, Berkeley in favour of Endeavour Energy, as shown on the attachment to this report.

Council will be responsible for all costs in the creation of the Easement and Restriction as to User.

CONSULTATION AND COMMUNICATION

Endeavour Energy.

Letters were sent to 36 local residents – no submissions were received.

In addition, a sign was placed on the land and a notice placed in the Council page of The Wollongong Advertiser. No submissions were received.

PLANNING AND POLICY IMPACT

This matter is in accordance with Council’s policy – “Land and Easement Acquisition and Disposal”.

This report contributes to the delivery of Wollongong 2022 under the objective ‘Well maintained assets that meet the needs of current and future communities are provided’ (Community Goal ‘We are a healthy community in a liveable city’).

It specifically delivers on core business activities as detailed in the Property Services Service Plan 2014-15.

FINANCIAL IMPLICATIONS

Council will be responsible for all costs in the creation of the Easement and Restriction as to User.

CONCLUSION

As the substation is required for the refurbishment works to the Berkeley Community Hall and Senior Citizens Centre and the creation of the Easement and Restriction as to User is a requirement of Endeavour Energy, it is recommended that the Easement and Restriction be approved as set out in this report.

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File: PR-005.08.038

ITEM 7 PROPOSED GRANT OF EASEMENT FOR UNDERGROUND ELECTRICITY CABLE OVER COUNCIL LAND IN PUCKEY AVENUE, NORTH WOLLONGONG

The University of Wollongong (UoW) has constructed a bridge on Council’s land currently known as Lot 303 DP 746634 over the creek in Puckey Avenue, North Wollongong.

Council resolved on 26 November 2012 to sell to UoW the portion of Lot 303 on which the bridge has been constructed.

As part of the subdivision of Lot 303 which will allow the sale to occur, Endeavour Energy requires UoW to install an underground electricity cable from Montague Street, along Puckey Avenue and across the bridge to the Innovation Campus. As this cable will cross a portion of Council’s land following the subdivision (proposed Lot 2), UoW has requested Council grant an easement over the cable in favour of Endeavour Energy.

This report seeks approval to the grant of the easement.

RECOMMENDATION

1 Council authorise the grant of an Easement for Underground Electricity Cable 1.5m wide in favour of Endeavour Energy over proposed Lot 2, as shown shaded dark grey on the plan attached to this report.

2 Council accept payment of the amount of $500.00 (GST exc) in compensation from the University of Wollongong for the grant of the Easement for Underground Electricity Cable over proposed Lot 2.

3 Authority be granted to affix the Common Seal of Council to the easement creation documents and any other documents required to give effect to this resolution.

ATTACHMENT

Plan of proposed Easement for Underground Electricity Cable over proposed Lot 2

REPORT AUTHORISATIONS

Report of: Peter Coyte, Manager Property and Recreation Authorised by: Greg Doyle, Director Corporate and Community Services – Creative,

Engaged and Innovative City

BACKGROUND

The University of Wollongong (UoW) has constructed a bridge on Council’s land currently known as Lot 303 DP 746634 over the creek in Puckey Avenue, North Wollongong.

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Council resolved on 26 November 2012 to sell to UoW the portion of Lot 303 on which the bridge has been constructed.

As part of the subdivision of Lot 303 which will allow the sale to occur, Endeavour Energy requires UoW to install an underground electricity cable from Montague Street, along Puckey Avenue and across the bridge to the Innovation Campus. As this cable will cross a portion of Council’s land following the subdivision (proposed Lot 2), UoW has requested Council grant an easement over the cable in favour of Endeavour Energy.

Council’s land is classified as Operational land under the Local Government Act 1993 and the easement will have little impact on the land.

Agreement was reached for Council to sell the land affected by the bridge to UoW for $50,120 (plus GST). This agreement was based on valuation advice obtained by Council. As the area of the land affected by the bridge is approximately 1,066m2 and the area affected by the proposed underground cable is approximately 15m2, it is considered that a compensation amount of $500.00 (GST exc) for the easement is a reasonable amount.

UoW will be responsible for all costs in the creation of the easement.

PROPOSAL

It is proposed Council grant an Easement for Underground Electricity Cable 1.5m wide over proposed Lot 2 shown shaded dark grey on the plan attached to this report. UoW will be responsible for all costs in the creation of the easement.

CONSULTATION AND COMMUNICATION

Hansons Lawyers acting for UoW.

PLANNING AND POLICY IMPACT

The grant of the easement is in accordance with Council’s policy ‘Land and Easement Acquisition and Disposal’.

This report contributes to the delivery of Wollongong 2022 under the objective ‘The long term needs of the community, including our people and our places, are effectively planned for’ (Community Goal ‘We are a healthy community in a liveable city’).

It specifically delivers on core business activities as detailed in the Property Services Service Plan 2014-15.

FINANCIAL IMPLICATIONS

Council will receive $500.00 (GST exc) for the grant of the Easement. In addition, UoW will be responsible for all costs in the creation of the easement.

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CONCLUSION

As the creation of the Easement is a requirement of Endeavour Energy and it will have very little impact on the Council land, it is recommended the Easement be granted as set out in this report.

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File: FI-230.01.182

ITEM 8 TENDER T15/01 - REFURBISHMENT OF BERKELEY COMMUNITY CENTRE, BERKELEY

This report recommends acceptance of a tender for the refurbishment of the Berkeley Community Centre in accordance with the requirements of the Local Government Act 1993 and the Local Government (General) Regulation 2005.

The purpose of the tender is to create a viable community hub by renovating the dilapidated Berkeley Community and Senior Citizens Centre and incorporating the adjacent Neighbourhood Centre activities into the refurbished building. The adjacent Neighbourhood Centre building, which has reached the end of its useful life, will be demolished following completion and commissioning of the refurbished Community Centre.

Five tenders were received and the report recommends Council accept the tender submitted by Project Coordination (Australia) Pty Ltd.

RECOMMENDATION

1 In accordance with the Local Government (General) Regulation 2005, Clause 178 (1) (a), Council accept the tender of Project Coordination (Australia) Pty Ltd for the Berkeley Community Centre Refurbishment, in the sum of $2,189,660.00 excluding GST.

2 Council delegate to the General Manager the authority to finalise and execute the contract and any other documentation required to give effect to this resolution.

3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required to give effect to this resolution.

4 Council submit a development application for the demolition of the Berkeley Neighbourhood Centre. Subject to obtaining development consent, Council proceed with the demolition following the completion and commissioning of the refurbished Berkeley Community Centre.

ATTACHMENT

Location Plan

REPORT AUTHORISATIONS

Report of: Glenn Whittaker, Manager Project Delivery Authorised by: Mike Hyde, Director Infrastructure and Works – Connectivity, Assets

and Liveable City

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BACKGROUND

In 2013, Council conducted building inspections on both the Berkeley Community Hall and Berkeley Neighbourhood Centre. It was found that the Community Centre required some rectification works however the Neighbourhood Centre required considerable rectification work to continue its working life. The community were consulted regarding a proposal to incorporate the Neighbourhood Centre activities into a refurbished Community Centre with the aim of creating a viable community hub in a single Council asset providing economic operational savings. The community feedback was positive and stakeholders were involved in the design of the proposed refurbishments to the Community Centre.

The refurbishment of the Community Centre will also require the installation of a padmount substation adjacent to the centre. Council is currently processing the granting of an easement for this substation.

Tenders were invited by the selective tender method with a close of tenders of 10.00 am on 5 March 2014.

Five tenders were received by the close of tenders and all tenders have been scrutinised and assessed by a Tender Assessment Panel constituted in accordance with Council’s Procurement Policies and Procedures and comprising representatives of the Finance, Governance and Information, Human Resources, Project Delivery and Community Cultural and Library Community Services Divisions.

The Tender Assessment Panel assessed all tenders in accordance with the following assessment criteria and weightings as set out in the formal tender documents:

1 Cost to Council – 60%

2 Demonstrated Strengthening of Local Economic Capacity – 5%

3 Demonstrated Experience and Satisfactory Performance in Undertaking Projects of Similar Size and Scope – 15%

4 Demonstrated WH&S Management System – 5%

5 Environmental Management Policies and Procedures – 5%

6 Project Schedule – 10%

The Tender Assessment Panel utilised a weighted scoring method for the assessment of tenders which allocates a numerical score out of 5 in relation to the level of compliance offered by the tenders to each of the assessment criteria as specified in the tender documentation. The method then takes into account pre-determined weightings for each of the assessment criteria which provides for a total score out of 5 to be calculated for each tender. The tender with the highest total score is considered to be the tender that best meets the requirements of the tender documentation in providing best value to Council. Table 1 below summarises the results of the tender assessment and the ranking of tenders.

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TABLE 1 – SUMMARY OF TENDER ASSESSMENT

Tenderer Ranking

Project Coordination (Australia) Pty Ltd 1

Momentum Built Pty Ltd 2

Kane Constructions Pty Ltd 3

Edwards Constructions Pty Ltd 4

Piruse Constructions Pty Ltd 5

PROPOSAL

Council should authorise the engagement of Project Coordination (Australia) Pty Ltd to carry out the refurbishment of the Berkeley Community Centre in accordance with the scope of works and technical specifications developed for the project.

The recommended tenderer has satisfied the Tender Assessment Panel that it is capable of undertaking the works to Council’s standards and in accordance with the technical specification.

Referees nominated by the recommended tenderer have been contacted by the Tender Assessment Panel and expressed satisfaction with the standard of work and methods of operation undertaken on their behalf.

CONSULTATION AND COMMUNICATION

The proposal to refurbish the Community Centre and demolish the Neighbourhood Centre has been widely discussed with stakeholders, users, the Neighbourhood Forum including advertising through the development application process and media coverage. Users of the facility were also involved in scoping the proposed refurbishment works.

The following groups were consulted during the tender process.

1 Members of the Tender Assessment Panel

2 Nominated Referees

PLANNING AND POLICY IMPACT

This report contributes to the delivery of Wollongong 2022 under the Objective 5.3 ‘The public domain is maintained to a high standard’ under Community Goal 5 ‘We are a healthy community in a liveable city’.

It specifically addresses the Annual Plan 2014-15 Key Deliverables to deliver 85% of Council’s capital investment into our asset renewal program which forms part of the Five Year Action to manage and maintain a community infrastructure portfolio with a focus on asset renewal contained within the Revised Delivery Program 2012-17.

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RISK ASSESSMENT

The risk in accepting the recommendation of this report is considered low on the basis that the tender process has fully complied with Council’s Procurement Policies and Procedures and the Local Government Act 1993.

The risk of the project works or services is considered low based upon Council’s risk assessment matrix and appropriate risk management strategies will be implemented throughout the project.

FINANCIAL IMPLICATIONS

It is proposed that the total project be funded from the following source/s as identified in the Management Plan –

2014/15 and 2015/16 Capital Budgets

This project is partially funded by an interest subsidy under the Local Infrastructure Renewal Scheme 1 (LIRS1).

CONCLUSION

Project Coordination (Australia) Pty Ltd has submitted an acceptable tender for this project. Council should endorse the recommendations of this report.

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File: FI-230.01.185

ITEM 9 TENDER T15/04 - PORT KEMBLA POOL - EXTENSION OF NORTHERN INTAKE PIPE

This report recommends acceptance of a tender for the extension of the northern intake pipe at Port Kembla Pool, Port Kembla in accordance with the requirements of the Local Government Act 1993 and the Local Government (General) Regulation 2005. The existing northern intake pipe to Port Kembla Pool is reaching its serviceability limit due to increasing sand congestion, thus requiring the extension of the northern intake pipe further out to sea to service the community pool.

Three tenders were received and the report recommends Council accept the tender submitted by GC Civil Pty Ltd.

RECOMMENDATION

1 In accordance with the Local Government (General) Regulation 2005, Clause 178 (1) (a), Council accept the tender of GC Civil Pty Ltd for the extension of the northern intake pipe at Port Kembla Pool, Port Kembla, in the sum of $298,204.00, excluding GST.

2 Council delegate to the General Manager the authority to finalise and execute the contract and any other documentation required to give effect to this resolution.

3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required to give effect to this resolution.

ATTACHMENT

Location Plan

REPORT AUTHORISATIONS

Report of: Glenn Whittaker, Manager Project Delivery Authorised by: Mike Hyde, Director Infrastructure and Works – Connectivity, Assets

and Liveable City

BACKGROUND

The existing Port Kembla Pool is serviced by two suction lines, however the original southern line location is not functional in extreme low tide conditions. The northern line was originally constructed to be clear of deposited sand but is now not operating due to sand covering the intake screen. Council has identified an area further to the north clear of sand located in deeper water which will allow the pool to operate in most tide and sea conditions. This project will relocate and extend the northern intake line including modifications to the pump arrangements.

Tenders were invited by the open tender method with a close of tenders of 10.00 am on 31 March 2015.

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Three tenders were received by the close of tenders and all tenders have been scrutinised and assessed by a Tender Assessment Panel constituted in accordance with Council’s Procurement Policies and Procedures and comprising representatives of the Project Delivery, Governance and Information, Finance, Human Resources and Property and Recreation Divisions.

The Tender Assessment Panel assessed all tenders in accordance with the following assessment criteria and weightings as set out in the formal tender documents:

1 Cost to Council – 25%

2 Appreciation of Scope of Works and Construction Methodology – 30%

3 Proposed Sub-contractors – 10%

4 Staff Qualifications and Experience – 5%

5 Demonstrated Strengthening of Local Economic Capacity – 5%

6 Project Schedule – 15%

7 Demonstrated WHS Management System – 5%

8 Environmental Management Policies and Procedures – 5%

The Tender Assessment Panel utilised a weighted scoring method for the assessment of tenders which allocates a numerical score out of 5 in relation to the level of compliance offered by the tenders to each of the assessment criteria as specified in the tender documentation. The method then takes into account pre-determined weightings for each of the assessment criteria which provides for a total score out of 5 to be calculated for each tender. The tender with the highest total score is considered to be the tender that best meets the requirements of the tender documentation in providing best value to Council. Table 1 below summarises the results of the tender assessment and the ranking of tenders.

TABLE 1 – SUMMARY OF TENDER ASSESSMENT

Tenderer Ranking

GC Civil Pty Ltd 1

Silver Raven Pty Ltd 2

WGE Pty Ltd 3

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PROPOSAL

Council should authorise the engagement of GC Civil Pty Ltd to carry out the extension of the northern intake pipe at Port Kembla Pool, Port Kembla, in accordance with the scope of works and technical specifications developed for the project.

The recommended tenderer has satisfied the Tender Assessment Panel that it is capable of undertaking the works to Council’s standards and in accordance with the technical specification.

Referees nominated by the recommended tenderer have been contacted by the Tender Assessment Panel and expressed satisfaction with the standard of work and methods of operation undertaken on their behalf.

CONSULTATION AND COMMUNICATION

The local swim club and users of the pool have been notified regarding these works through signage and display of plans on the noticeboard. Works are programmed to commence following the winter shutdown of the pool and these works will have no impact on the users of the pool.

The following groups were consulted during the tender process.

1 Members of the Tender Assessment Panel

2 Nominated Referees

3 External Consultants – JCL Development Solutions

PLANNING AND POLICY IMPACT

This report contributes to the delivery of Wollongong 2022 under the Objective 5.1 ‘There is an increase in the physical fitness, mental health and emotional wellbeing of all our residents’ under Community Goal 5, ‘We are a healthy community in a liveable city’.

It specifically addresses the Annual Plan 2014-15 Key Deliverable to incorporate elements of good design and wise use of water resources when undertaking improvements to public pool amenities, which forms part of the Five Year Action 5.1.4.3 ‘Investigate the future provision of Aquatic Services across the local government area and implement improvements’, contained within the Revised Delivery Program 2012-17.

RISK ASSESSMENT

The risk in accepting the recommendation of this report is considered low on the basis that the tender process has fully complied with Council’s Procurement Policies and Procedures and the Local Government Act 1993.

The risk of the project works or services is considered high based upon Council’s risk assessment matrix and appropriate risk management strategies will be implemented.

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FINANCIAL IMPLICATIONS

It is proposed that the project be funded from the following source/s as identified in the Management Plan –

2014/15 and 2015/16 Capital Program

CONCLUSION

GC Civil Pty Ltd has submitted an acceptable tender for this work. Council should endorse the recommendations of this report.

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File: FI-230.01.171

ITEM 10 TENDER T14/26 - CONSTRUCTION OF A REGIONAL PLAYGROUND AT STUART PARK, WOLLONGONG

This report recommends acceptance of a tender for the construction and landscaping of a regional playground at Stuart Park, Wollongong in accordance with the requirements of the Local Government Act 1993 and the Local Government (General) Regulation 2005. The playground is being replaced following failure of some elements and the poor condition of the existing playground due to age and close proximity to the coastal environment.

Four tenders were received and the report recommends Council accept the tender submitted by Precinct Street and Park Pty Ltd (formerly Moduplay Group Pty Ltd).

RECOMMENDATION

1 In accordance with the Local Government (General) Regulation 2005, Clause 178 (1) (a), Council accept the tender of Precinct Street and Park Pty Ltd for the construction and landscaping of a regional playground at Stuart Park, Wollongong, in the sum of $362,841.00, excluding GST.

2 Council delegate to the General Manager the authority to finalise and execute the contract and any other documentation required to give effect to this resolution.

3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required to give effect to this resolution.

ATTACHMENTS

There are no attachments for this report

REPORT AUTHORISATIONS

Report of: Glenn Whittaker, Manager Project Delivery Authorised by: Mike Hyde, Director Infrastructure and Works – Connectivity, Assets

and Liveable City

BACKGROUND

The playground equipment that is currently on site at Stuart Park, Wollongong is failing due to age, weather and the close proximity to North Beach. This tender is for the construction and landscaping of a new regional playground at Stuart Park. While it is located on the same site, it is slightly larger to accommodate the growing numbers of visitors to this popular tourist destination.

Tenders were invited by the open tender method with a close of tenders of 10.00 am on 25 March 2015.

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Four tenders were received by the close of tenders and all tenders have been scrutinised and assessed by a Tender Assessment Panel constituted in accordance with Council’s Procurement Policies and Procedures and comprising representatives of the Property and Recreation, Project Delivery, Governance and Information, Finance and Human Resources Divisions.

The Tender Assessment Panel assessed all tenders in accordance with the following assessment criteria and weightings as set out in the formal tender documents:

Mandatory Criteria

1 Referees

2 Financial Capacity

Assessable Criteria

1 Cost to Council – 40%

2 Demonstrated Strengthening of Local Economic Capacity – 5%

3 Demonstrated Experience and Satisfactory Performance in Undertaking Projects of a Similar Size and Scope. – 30%

4 Staff Qualifications and Experience – 10%

5 Demonstrated WHS Management System and Environmental Management Policies and Procedures – 10%

6 Project Schedule – 5%

The Tender Assessment Panel utilised a weighted scoring method for the assessment of tenders which allocates a numerical score out of 5 in relation to the level of compliance offered by the tenders to each of the assessment criteria as specified in the tender documentation. The method then takes into account pre-determined weightings for each of the assessment criteria which provides for a total score out of 5 to be calculated for each tender. The tender with the highest total score is considered to be the tender that best meets the requirements of the tender documentation in providing best value to Council. Table 1 below summarises the results of the tender assessment and the ranking of tenders.

TABLE 1 – SUMMARY OF TENDER ASSESSMENT

Tenderer Ranking

Precinct Street and Park Pty Ltd (formerly Moduplay Group Pty Ltd) 1

Glenn Simpson’s Landscapes Pty Ltd 2

R K Evans Landscaping Pty Ltd 3

Craig’s Coast Landscaping Services Pty Ltd 4

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PROPOSAL

Council should authorise the engagement of Precinct Street and Park Pty Ltd to carry out the construction of a new regional playground at Stuart Park, Wollongong in accordance with the scope of works and technical specifications developed for the project.

The recommended tenderer has satisfied the Tender Assessment Panel that it is capable of undertaking the works to Council’s standards and in accordance with the technical specification.

Referees nominated by the recommended tenderer have been contacted by the Tender Assessment Panel and expressed satisfaction with the standard of work and methods of operation undertaken on their behalf.

CONSULTATION AND COMMUNICATION

Council has involved children and young people in the design of the playground and is proposing further opportunities in the near future for the design and production of a public art project within the park.

During the tender process, consultation occurred with the following groups:

1 Members of the Tender Assessment Panel

2 Nominated Referees

PLANNING AND POLICY IMPACT

This report contributes to the delivery of Wollongong 2022 under the objective ‘There is an increase in the physical fitness, mental health and emotional wellbeing of all our residences’ under the Community Goal – ‘We are a healthy community in a liveable city.’

It specifically addresses the Annual Plan 2014-15 Key Deliverables ‘Actively engage children and young people in planning and design processes’ which forms part of the Five Year Action ‘Engage with children in key projects contained within the Revised Delivery Program 2012-17’.

RISK ASSESSMENT

The risk in accepting the recommendation of this report is considered low on the basis that the tender process has fully complied with Council’s Procurement Policies and Procedures and the Local Government Act 1993.

The risk of the project works or services is considered low based upon Council’s risk assessment matrix and appropriate risk management strategies will be implemented throughout the project.

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FINANCIAL IMPLICATIONS

It is proposed that the total project be funded from the following source/s as identified in the Management Plan –

Capital Program – 2014/2015

CONCLUSION

Council should endorse the recommendations of this report.

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File: PJ-2221

ITEM 11 SHARED PATHWAY EXTENSION - SPRINGHILL ROAD, WOLLONGONG - APPOINTMENT OF CONTRACTOR

Council has recently been advised by Roads and Maritime Services (RMS) of the availability of funding for the extension of a shared pathway from the existing crossing point south of the twin overpass bridges to the 21 Entry Road.

This report requests authority for the General Manager to seek quotations, negotiate and finalise the terms of a contract with a contractor to complete the works within the specified timeframe.

RECOMMENDATION

1 Council resolve, in accordance with section 55(3)(i) of the Local Government Act 1993, that because of the extenuating circumstances brought about by the availability of funding and the requirement to complete expenditure within the current financial year as set out in this report, tenders not be invited for the works required to complete the project.

2 Authority be granted to the General Manager to negotiate and finalise the terms of a contract with a suitably experienced and competent contractor to complete the works.

3 Council notes that the process for selecting and contracting with such a contractor will have regard to the criteria and processes applicable for Council’s normal tendering policy and procedures.

ATTACHMENT

Location Plan

REPORT AUTHORISATIONS

Report of: Glenn Whittaker, Manager Project Delivery Authorised by: Mike Hyde, Director Infrastructure and Works – Connectivity, Assets

and Liveable City

BACKGROUND

Council received $30,000 in funding from the Roads and Maritime Services (RMS) in the current financial year to fully fund the design for the extension of the current shared pathway on the western side of the road, which ends at a crossing point near the twin overhead bridges at the southern end of Springhill Road, Wollongong (refer attached Location Plan). The current crossing point requires users to cross a busy six lane arterial road with no traffic control to connect with the main north south shared pathway, which provides access to the Wollongong CBD. The extension will allow users to travel off-road to the traffic lights at the 21 Entry Road and safely connect to the main shareway via a signalised intersection.

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Ordinary Meeting of Council 27 April 2015 65

Normally this project once designed would then be considered for funding in the following years program subject to the availability of funds. The RMS has advised Council that an opportunity exists to fully fund and accelerate this project provided it can be constructed by 30 June 2015. Council in previous years has taken up these offers of additional funding due to the ability of its day labour workforce to meet these demands. However, due to the large program of works currently adopted by Council particularly under the Local Infrastructure Renewal Scheme 1 (LIRS1) for the provision and renewal of footpaths and shareways, there is no spare capacity without delaying one or more projects of equivalent value. Any adjustment at this late stage of the final quarter works program programmed for the day labour construction crews has the potential to impact on the achievement of the annual works program.

Another option normally adopted by Council, is to tender the work to the construction industry and complete the project by contract. Due to the late availability of funding and the constraint on timeframes, this option is not available as the tender timeframe alone (approximately three months) exceeds the expenditure program specified by the RMS.

The final option considered is to seek a resolution from Council that tenders not be invited for the works and in lieu Council seek competitive quotations from suitably qualified contractors who are able to complete the work within the specified timeframe.

When seeking the services of a contractor to complete works, the Local Government Act 1993 (LG Act) and Council’s Procurement Policy require that tenders be invited for all purchases over the value of $150,000 (GST inclusive). However, tenders for contracts involving expenditure of $150,000 or above do not have to proceed via tender where Council resolves, pursuant to section 55(3)(i) of the LG Act, that because of extenuating circumstances, tenders not be invited for the works required to complete this project.

The extenuating circumstances are as follows:

1 The availability of funding and the requirement to expend the funds within this current financial year.

2 The timeframe to conduct the tender process will delay the completion of the works beyond the specified timeframe.

PROPOSAL

It is proposed that the General Manager be authorised to negotiate and finalise the terms of a contract with a suitably experienced and competent contractor to complete the works. It is intended that a scope of works be developed and submitted to a number of experienced contractors for pricing using Council’s established formal quotation process. The submissions shall be assessed by a quotation panel using the criteria and methodology applied to the Council’s normal tender process. The process will be overseen by officers from both Finance and Governance and Information Divisions as normally occurs in the tender process. The timeframe to select a contractor is reduced by reducing the regulated advertising time and also the lead times to submit a report to Council.

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Ordinary Meeting of Council 27 April 2015 66

CONSULTATION AND COMMUNICATION

Final consultation with identified stakeholders will be completed in conjunction with the contractor pricing period. There may be some impacts on traffic flow for short periods of time on sections of Springhill Road during construction and discussions will be undertaken with RMS to understand and minimise these impacts.

PLANNING AND POLICY IMPACT

This report contributes to the delivery of Wollongong 2022 under the objective 6.1 ‘Walking, cycling and public transport is an accessible and well-resourced means of transport and the use of private cars is reduced’ under Community Goal 6.1.3 ‘Interconnected and accessible cycleways and footpaths are planned and delivered’.

It specifically addresses the Annual Plan 2014-15 Key Deliverables to deliver 85% of Council’s capital investment into our asset renewal program, which forms part of the Five Year Action to manage and maintain a community infrastructure portfolio with a focus on asset renewal contained within the Revised Delivery Program 2012-17.

RISK ASSESSMENT

It is considered that the risks in procurement are acceptable by applying the formal quotation process described in Council’s Procurement Policy in this instance.

The risk of the project is considered low considering the type and complexity of construction based upon Council’s assessment matrix and appropriate risk management strategies will be implemented. The risk of exceeding the specified program is medium (particularly subject to weather) however only contractors with proven experience will be invited to submit quotations.

FINANCIAL IMPLICATIONS

The RMS has not made a formal offer at this stage (subject to the confirmation of Council’s ability to deliver) however discussions have occurred on the basis of an offer of fully funding the estimated cost of the project.

CONCLUSION

Because of the extenuating circumstances attached to the provision of this funding, it is desirable to engage a contractor as soon as is practicable in order to complete this missing section of shareway at no cost to Council.

It is proposed that tenders not be called in this instance and Council should endorse the recommendations of this report to allow a quicker appointment of a contractor to complete these works.

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Ordinary Meeting of Council 27 April 2015 67

File: FI-914.05.001

ITEM 12 MARCH 2015 FINANCIALS

The March 2015 financial results are favourable compared to phased budget over a range of indicators. The Operating Result (pre capital) and Funds Result show favourable variances compared to the phased budget of $7.7M and $6.4M respectively.

The financial reports and variations presented do not include the adjustments proposed at the March Quarterly Review.

The variance is largely due to a broad combination of increased income and lower expenditure of a range of items compared to the phased budget.

The Cash Flow Statement at the end of the period indicates that there is sufficient cash to support external restrictions.

Council has expended $57.6M on its capital works program representing 67% of the annual budget. The year to date budget for the same period was $60.2M.

RECOMMENDATION

1 The report be received and noted.

2 Proposed changes in the Capital Works Program be approved.

ATTACHMENTS

1 Income and Funding Statements – March 2015 2 Capital Budget Report – March 2015 3 Balance Sheet – March 2015 4 Cash Flow Statement – March 2015

REPORT AUTHORISATIONS

Report of: Stephen Packer, Manager Finance (Acting) Authorised by: Jenny Thompson, Director Corporate and Community Services –

Creative, Engaged and Innovative City (Acting)

BACKGROUND

This report presents the Income and Expense Statement, Balance Sheet and Cash Flow Statement for March 2015. Council’s current budget has a Net Funding (cash) deficit of $9.9M, an Operating Deficit (Pre Capital) of $3.9M and a capital expenditure of $86.0M. The projected annual Funds result deficit for the current year includes the creation of the Future Programs internally restricted asset of $6.9M from surplus Available Funds. The restricted funds will be used to support a range of projects in future years that have been included in the Draft Annual Plan 2015-16, currently on exhibition. The March result indicates that Council should be able to achieve the current budget or better.

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Ordinary Meeting of Council 27 April 2015 68

The following table provides a summary view of the organisation’s overall financial results for the year to date.

Original Revised YTD YTDBudget Budget Forecast Actual Variation

KEY MOVEMENTS 1-Jul 27-Mar 27-Mar 27-Mar

Operating Revenue $M 241.8 247.1 184.7 186.7 2.0

Operating Costs $M (251.1) (251.0) (183.2) (177.5) 5.7

Operating Result [Pre Capital] $M (9.3) (3.9) 1.5 9.2 7.7

Capital Grants & Contributions $M 32.6 24.3 12.4 13.3 0.9

Operating Result $M 23.3 20.4 13.9 22.5 8.6

Operational Funds Available for Capital $M 41.8 26.6 25.5 31.6 6.1

Capital Works 83.7 86.0 60.2 57.6 2.7

Transfer to Restricted Cash 1.0 17.8 17.8 17.6 0.2

Contributed Assets - - - 1.9 (1.9)

Funded from:

- Operational Funds $M 41.8 26.6 25.5 31.6 6.1

- Other Funding $M 40.3 67.3 57.0 56.3 (0.7)

Total Funds Surplus/(Deficit) $M (2.7) (9.9) 4.4 10.8 6.4

FORECAST POSITION

Financial Performance

The March 2015 Operating Result [pre capital] shows a positive variance compared to budget of $7.7M. This is mainly due to greater than phased budget fees and charges and other revenues ($1.5M), contingency budgets held centrally including Sustainability Implementation Program, Operational Contingency and Rates Growth ($0.7M) and general progress of projects and programs compared to the phased budget.

The Operating result (including capital grants & contributions) shows a positive variance of $8.6M that is impacted by capital contributions due to the recognition of contributed assets. These amounted to $1.9M and relate to subdivisions and RMS assets. This does not flow through to the funds result as it is offset in the capital area.

Funds Result

The Total Funds result as at 27 March 2015 shows a favourable variance of $6.4M that is a result of the cash component of the operating result and is also impacted by increased payment of leave entitlements associated with terminations during the period

Capital Budget

As at 27 March 2015, Council had expended $57.6 or 67% of the approved annual capital budget of $86M. The year to date budget for the period was $60.2M.

Further detail regarding the capital spend is outlined in the capital report in Attachment 2.

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Ordinary Meeting of Council 27 April 2015 69

Liquidity

Council’s cash and investments decreased during March 2015 to holdings of $145.7M compared to $150.5M at the end of February 2015. This is consistent with the rates instalments due in May.

Council’s cash, investments and available funds positions for the reporting period are as follows:

$M $M $M $M

Total Cash and Investments 117.9 109.5 112.9 129.8 145.7

Less Restrictions:External 63.0 64.6 68.6 79.1 72.0Internal 27.0 33.5 29.2 35.1 35.0Total Restrictions 89.9 98.1 97.7 114.2 107.0

Available Cash 28.0 11.3 15.2 15.6 38.6

Adjusted for :Current payables (29.1) (22.6) (22.6) (22.6) (28.8)Receivables 25.5 27.1 28.5 28.6 25.4

Net Payables & Receivables (3.6) 4.5 5.9 5.9 (3.3)

Available Funds 24.4 15.9 21.0 21.5 35.3

*Original budget adjusted for pre audit 2013/14 result & reintroduction of projects in progress

Actual Ytd 27 March 2015

September QR

2014/15

December QR

2014/15 Actual

2013/14

Original Budget

2014/15

CASH, INVESTMENTS & AVAILABLE FUNDS

The available funds position excludes restricted cash. External restrictions are funds that must be spent for a specific purpose and cannot be used by Council for general operations. Internal restrictions are funds that Council has determined will be used for a specific future purpose.

The available funds remain above Council’s Financial Strategy target of 3.5% to 5.5% of operational revenue [pre capital]. Based on the Adopted 2014-15 Annual Plan, the target Available Funds is between $8.4M and $13.3M for year ending 30 June 2015. The revised forecasts at December Quarterly Review indicated a revised Available Funds forecast for 2014-15 of $21.5M. Actual Available Funds at 27 March 2015 are above that level due to the favourable 2013-14 financial result, general timing of income and expenditure and the progressive nature of the delivery of the capital program. The Available Funds position, together with additional funds held as restricted cash, offer opportunity to review delivery programs or projects in the short to medium term. $6.9M of the surplus Available Funds is budgeted to be transferred to a new internally restricted asset titled Future Programs that is intended to be used to support a range of projects that are of both of an operational and capital nature in future years.

The Unrestricted Current Ratio measures the cash/liquidity position of an organisation. This ratio is intended to disclose the ability of an organisation to satisfy payment obligations in the short term from the unrestricted activities of Council. While Council’s ratio is currently below the Local Government Benchmark of >2:1, the strategy is to

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Ordinary Meeting of Council 27 April 2015 70

maximise the use of available funds for asset renewal by targeting a lean unrestricted current ratio.

J A S O N D J F M A M JMonthly Result 1.52 1.90 1.81 1.98 1.81 1.70 2.07 2.10 2.09 - - -

Target 1.89 1.89 1.89 1.89 1.89 1.89 1.89 1.89 1.89 1.89 1.89 1.89

-

0.50

1.00

1.50

2.00

2.50

Ra

tio

Unrestricted Current Ratio

Receivables

Receivables are the amount of money owed to Council or funds that Council has paid in advance. Non-current rates debtors are included in this amount to measure Available Funds. At March 2015, receivables totalled $25.4M, compared to receivables of $24.9M at March 2014. Fluctuations relate to the timing of rates payments which are accrued before the actual payments are due, and a high level of prepayments (shown as ‘Other’ on the Balance Sheet) reflecting payments made in advance.

Payables

Payables (the amount of money owed to suppliers) of $28.8M were owed at March 2015 compared to payables of $21.8M in March 2014. The majority of payables relate to goods and services and capital projects delivered but not yet paid for and rating income received in advance. Variations that occur between reporting periods generally relate to payables for capital projects that are underway and the timing of invoice payment processing.

Debt

Council continues to have financial strength in its low level of borrowing. The industry measure of debt commitment is the Debt Service Ratio that measures the proportion of revenues that is required to meet annual loan repayments.

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Ordinary Meeting of Council 27 April 2015 71

Council’s Financial Strategy includes provision for additional borrowing in the future and Council will consider borrowing opportunities from time to time to bring forward the completion of capital projects where immediate funding is not available. In 2009-10, Council borrowed $26M interest free to assist in the delivery of the West Dapto Access Plan. Council has also been successful in securing loan funds under the Local Government Infrastructure Renewal Scheme of $20M in 2012-13 and $4.3M in 2013-14 that will be used over a five year period to accelerate the Citywide Footpaths and Shared Path Renewal and Missing Links Construction Program and building refurbishment works for Berkeley Community Centre, Corrimal Library and Community Centre and Thirroul Pavilion and Kiosk respectively. A further $15M has been drawn down during February under Round Three of this program that provides a subsidy of 3%. The additional loan funds will be used to support the West Dapto Access – Fowlers Road to Fairwater Drive project. This will increase Council’s Debt Service Ratio forecast for 2014-15 to approximately 3.2% which is still below Council’s target of 4% and remains low in comparison to the Local Government’s benchmark ratio of <10%.

It is noted that non-cash interest expense relating to the amortisation of the income recognised on the West Dapto Access Plan Loan is not included when calculating the Debt Service Ratio.

Assets

The Balance Sheet shows that $2.4B of assets are controlled and managed by Council for the community as at 27 March 2015. The 2014-15 capital works program includes projects such as the West Dapto Access Strategy, the Crown Street Mall upgrade, Whytes Gully new landfill cell, other civil asset renewals including roads, car parks and buildings and purchase of library books. At the end of March, capital expenditure amounted to $57.6M.

PLANNING AND POLICY IMPACT

This report contributes to the delivery of Wollongong 2022 under the objective our local council has the trust of the community under the Community Goal we are a connected and engaged community.

It specifically addresses the Annual Plan 2014-15 Key Deliverables as detailed in the Financial Services Plan which forms part of the Five Year Action contained within the Revised Delivery Program 2012-17.

CONCLUSION

The results for March 2015 are generally within projections over a range of financial indicators and it is expected that Council will achieve the forecast annual results.

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Ordinary Meeting of Council 27 April 2015 72

File: FI-914.05.001

ITEM 13 STATEMENT OF INVESTMENTS - MARCH 2015

This report provides an overview of Council’s investment portfolio performance for the month of March 2015.

Council’s average weighted return for March 2015 was 3.04% which was above the benchmark return of 2.42%. The result was primarily due to solid returns received on term deposits. The remainder of Council’s portfolio continues to provide a high level of consistency in income and a high degree of credit quality and liquidity.

RECOMMENDATION

Council receive the Statement of Investments for March 2015.

ATTACHMENTS

1 Statement of Investments – March 2015 2 Investment Income Compared to Budget 2014-15

REPORT AUTHORISATIONS

Report of: Brian Jenkins, Manager Finance Authorised by: Jenny Thompson, Director Corporate and Community Services –

Creative, Engaged and Innovative City (Acting)

BACKGROUND

Council is required to invest its surplus funds in accordance with the Ministerial Investment Order and Division of Local Government guidelines. The Order reflects a conservative approach and restricts the investment types available to Council. In compliance with the Order and Office of Local Government guidelines, Council adopted an Investment Policy on 13 August 2012. The Investment Policy provides a framework for the credit quality, institutional diversification and maturity constraints that Council’s portfolio can be exposed to. Council’s investment portfolio was controlled by Council’s Finance Division during the period to ensure compliance with the Investment Policy. Council’s Governance Committee’s role of overseer provides for the review of the Investment Policy prior to submission to Council and review of the Investment Strategy and monthly Statement of Investments.

Council’s Responsible Accounting Officer is required to sign the complying Statements of Investments contained within the report, certifying that all investments were made in accordance with the Local Government Act 1993 and the Local Government Regulation 2005.

Council’s investment holdings as at 27 March 2015 were $144,836,110 (Statement of Investments attached) [28 March 2014 $120,525,010].

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Ordinary Meeting of Council 27 April 2015 73

During March, Council posted a weighted average return of 3.04% (annualised) compared to the benchmark return of 2.42% (annualised Bloomberg Bank Bill Index). The result was primarily due to solid returns received on the term deposits. The remainder of Council’s portfolio continues to provide a high level of consistency in income and a high degree of credit quality and liquidity.

At 27 March 2015, year to date interest and investment revenue of $3,873,223 was recognised compared to the year to date budget of $3,492,105.

Council’s CBA Zero Coupon Bond remained consistent with the valuation provided in February as the investment is valued at calendar month-end only. The valuation methodology used by Laminar (Council’s investment consultants), discounts the bond using a margin for a straight four year CBA obligation but also considers the illiquidity premium, this being a restructured deal and there being limited bids on the security. As this bond gradually nears maturity, movements in interest rates and liquidity will have less of an impact on the securities valuation. While there will be short term fluctuations along the way, the investments valuation will gradually increase to its $4M maturity value. Council’s Westpac floating rate note had an increase in value of $2,630 for March.

Council holds two Mortgaged Backed Securities (MBS) that recorded a decrease in value of $3,261 for March. These investments continue to pay higher than normal variable rates. While the maturity dates are outside Council’s control, the investment advisors had previously indicated that capital is not at risk at that stage and recommended a hold strategy due to the illiquid nature of the investment.

The NSW T-Corp Long-Term Growth Facility recorded a decrease in value of $10,532 in March. The fluctuation is a reflection of the current share market volatility both domestically and internationally.

During the April 2015 RBA board meeting, the official cash rate remained unchanged at 2.25%. The RBA has advised that it would continue to assess the outlook and adjust policy as needed to foster sustainable growth in demand and inflation outcomes consistent with the inflation target over time. The current inflation rate is consistent with the 2 to 3% target.

This report complies with Council’s Investment Policy which was endorsed by Council on 13 August 2012. Council’s Responsible Accounting Officer has signed the complying Statements of Investments contained within the report, certifying that all investments were made in accordance with the Local Government Act 1993 and the Local Government Regulation 2005.

PLANNING AND POLICY IMPACT

This report contributes to the delivery of Wollongong 2022 under the objective our local council has the trust of the community under the Community Goal we are a connected and engaged community.

It specifically addresses the Annual Plan 2014-15 Key Deliverables as detailed in the Financial Services Plan which forms part of the Five Year Action contained within the Revised Delivery Program 2012-17.

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MINUTES ORDINARY MEETING OF COUNCIL

at 6.00 pm

MONDAY 30 MARCH 2015

Present

Lord Mayor – Councillor Bradbery OAM (in the Chair), Councillors Kershaw, Connor, Brown, Takacs, Martin, Merrin, Blicavs, Dorahy (from 6.02 pm), Colacino, Crasnich, Curran and Petty

In Attendance

General Manager – D Farmer, Director Corporate and Community Services –Creative, Engaged and Innovative City – G Doyle, Director Infrastructure and Works – Connectivity, Assets and Liveable City – M Hyde, Director Planning and Environment – Future, City and Neighbourhoods – A Carfield, Manager Governance and Information – L Kofod, Manager Finance – B Jenkins, Manager Property and Recreation – P Coyte, Manager Environmental Strategy and Planning – R Campbell, Manager Infrastructure Strategy and Planning – M Dowd, Manager Corporate, Community and Economic Development – S Wardle (Acting)

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Minutes of Ordinary Meeting of Council 30 March 2015

INDEX

PAGE NO

Disclosure of Interests ............................................................................. 1

Confirmation of Minutes of Ordinary Meeting of Council held on Monday, 9 March 2015 ....................................................................... 1

Public Access Forum – Woonona Flood Study ........................................ 1

Call of the Agenda ................................................................................... 2

ITEM A Notice of Motion – Councillor Bradbery – Review of Public Access Forum Policy and Code of Meeting Practice ............................... 2

ITEM B Notice of Motion - Councillor Bradbery - Recognition of Outstanding Service to NSW Local Government - Councillor Janice Kershaw ....................................................................................... 7

ITEM C Notice of Motion – Councillor Petty – Woonona Flood Study ................... 8

ITEM D Notice of Motion – Councillor Merrin – Workplace Gender Equity .................................................................................................... 10

ITEM E Item Laid on Table – Council Meeting 9 March 2015 – Notice of Motion – Councillor Petty – Skydiving Activities – Stuart and Dalton Parks .......................................................................................... 12

ITEM 1 Exhibition – Draft Annual Plan 2015-16 ................................................. 13

ITEM 2 Towradgi Dunes Reshaping – Draft Detail Design Report ..................... 15

ITEM 3 Smoke Free Arts Precinct Engagement Report ..................................... 15

ITEM 4 Smoke Free Zones - Crown Street Mall and Outdoor Dining in the Local Government Area ................................................................... 15

ITEM 5 Review of Internal Reporting Policy ....................................................... 16

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Minutes of Ordinary Meeting of Council 30 March 2015

PAGE NO

ITEM 6 Tender T14/36 – Grand Pacific Walk Stage 1 - Section 1C (No 241 to Pedestrian Refuge and Pedestrian Refuge to Tom and Norma Williamson Rest Area) Lawrence Hargrave Drive, Coalcliff .................................................................................................. 16

ITEM 7 Tender T15/02 Wollongong Youth Centre Roof and Air Conditioning Upgrade ............................................................................ 16

ITEM 8 Tender T15/03 Corrimal Surf Life Saving Club External Refurbishment ....................................................................................... 17

ITEM 9 Proposed Dedication of Lane off Charlotte Street, Wollongong as Public Road ...................................................................................... 17

ITEM 10 Proposed Sale of Portion of Lot 501 DP 1079122 Reddalls Road, Kembla Grange ........................................................................... 18

ITEM 11 Proposed Grant of Easement for Drainage over Crown Reserve D580102 Lot 7045 DP 1126831 Pioneer Rest Park, Wollongong ............................................................................................ 18

ITEM 12 February 2015 Financials ...................................................................... 19

ITEM 13 Statement of Investments – February 2015 ........................................... 19

ITEM 14 Bi Monthly Tabling of Returns of Disclosures of Interest and Other Matters ......................................................................................... 19

ITEM 15 Proposed Lease of Unit 1, Kembla Terraces, 74 Kembla Street, Wollongong ................................................................................ 19

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Minutes of Ordinary Meeting of Council 30 March 2015 1

Minute No

ATTENDANCE OF COUNCILLOR

During Disclosures of Interests, Councillor Dorahy attended the meeting, the time being 6.02 pm.

DISCLOSURE OF INTERESTS

Councillor Martin declared a non-significant, non-pecuniary potential conflict of interest in Item C insofar as she works with the Department of Planning and Environment. She would remain in the Chamber during discussion and debate.

Councillor Bradbery declared a non-significant, non-pecuniary conflict of interest in Item C as he was formerly the Minister of a local church which owned land in Figtree which was flood affected. He remains a member of the church’s congregation. This is a City wide issue, and he would remain in the Chamber.

CONFIRMATION OF MINUTES OF ORDINARY MEETING OF COUNCIL

HELD ON MONDAY, 9 MARCH 2015

31 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Connor that the Minutes of the Ordinary Meeting of Council held on Monday, 9 March 2015 (a copy having been circulated to Councillors) be taken as read and confirmed.

PUBLIC ACCESS FORUM – WOONONA FLOOD STUDY

Mr J Burton thanked Council for the opportunity to speak in support of the motion by Councillor Petty relating to the Woonona Flood Study. Mr Burton wished to emphasise that he has done everything possible to resolve these issues directly with Council since 2013. The primary issue of concern is that the community has not been informed of major planning policy changes resulting from the flood study process in 2011. Importantly, there has been a disparity between what Council told the community they were doing, and what they actually did.

There has been sufficient passing of time for Council to thoroughly consider all aspects of the motion, and deferring a decision to a committee won’t address the facts and concerns put to Council over the past year. Accordingly, Mr Burton asked Councillors, as the elected representatives of the community, to please redress the shortcomings in Council’s actions on the Woonona Flood Study process, and start a proper conversation with the community by supporting the tabled motion.

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Minutes of Ordinary Meeting of Council 30 March 2015 2

Minute No

32 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Martin that the speaker be thanked for his presentation and invited to table his notes.

CALL OF THE AGENDA

33 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Brown seconded Councillor Kershaw that the staff recommendations for Items 5 to 15 inclusive, be adopted as a block.

A PROCEDURAL MOTION was MOVED by Councillor Crasnich seconded

Councillor Blicavs that Councillor Curran be granted an additional two (2) minutes to address the meeting in relation to Item A.

ITEM A – NOTICE OF MOTION – COUNCILLOR BRADBERY – REVIEW OF PUBLIC ACCESS FORUM POLICY AND CODE OF MEETING PRACTICE

MOVED by Councillor Bradbery seconded Councillor Brown that –

1 The Public Access Forum Policy be revised to include the following amendments –

a Page 2 of the existing policy – the addition of the following points under the paragraph commencing ‘The following should also be noted’ –

• applicants to address Council or a Committee of Council must meet one of the following eligibility criteria:

- a resident or owner of land within the City of Wollongong Local Government Area;

- a person or entity entitled to vote in the City of Wollongong under the Local Government Act, or where that voter is not a natural person, the nominee of the entity with its written authority;

- the nominee of an entity owning land, conducting a business or providing a service in the Wollongong Local Government Area;

- a duly appointed person including the legal, financial or town planning representative of any person or entity listed above with a matter before council (written authority must be provided);

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Minutes of Ordinary Meeting of Council 30 March 2015 3

Minute No

- any person, or nominee of an organisation, invited to speak by resolution of Council;

- any representative of a State or Federal Government Agency with a matter before Council.

b Page 3 of the existing policy – the following additional point be included under the paragraph commencing ‘Public Address’ –

• each applicant will be limited to a maximum of five (5) minutes in total (even when addressing more than one matter).

c The policy include a note to help speakers stating that most people talk at about 125 to 150 words per minute.

2 The Code of Meeting Practice be amended to remove the duplication of information already contained in the Public Access Forum Policy. Clause 4.11 ‘Public Access Forum – members of the public addressing Council’, be therefore amended to read –

Members of the public shall be permitted to address Council or a Committee of Council on matters falling within the jurisdiction and Charter of Council as outlined in the Local Government Act 1993.

All addresses must comply with Council’s Public Access Forum Policy.

3 The draft revised Public Access Forum Policy be placed on public exhibition for a period of 28 days.

4 The draft revised Code of Meeting Practice be placed on public exhibition for a minimum period of 28 days, with 42 days allowed for the receipt of submissions.

5 At the conclusion of the submission period, a report be presented to Council with a summary of the submissions received on the proposed changes to the Public Access Forum Policy and Code of Meeting Practice.

Variation The variation moved by Councillor Brown (addition of part 1c) was accepted by the mover and seconder.

An AMENDMENT was MOVED by Councillor Petty seconded Councillor Curran that –

1 The Public Access Forum Policy be revised to include the following amendments –

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a Page 2 of the existing policy – the addition of the following points under the paragraph commencing ‘The following should also be noted’ –

• applicants to address Council or a Committee of Council must meet one of the following eligibility criteria:

- a resident or owner of land within the City of Wollongong Local Government Area;

- a person or entity entitled to vote in the City of Wollongong under the Local Government Act, or where that voter is not a natural person, the nominee of the entity with its written authority;

- the nominee of an entity owning land, conducting a business or providing a service in the Wollongong Local Government Area;

- a duly appointed person including the legal, financial or town planning representative of any person or entity listed above with a matter before council (written authority must be provided);

- any person or nominee of an organisation invited to speak by resolution of Council or by approval of the Lord Mayor;

- any representative of a State or Federal Government Agency with a matter before Council.

b The policy include a note to help speakers stating that most people talk at about 125 to 150 words per minute.

2 The Code of Meeting Practice be amended to remove the duplication of information already contained in the Public Access Forum Policy. Clause 4.11 ‘Public Access Forum – members of the public addressing Council’, be therefore amended to read –

Members of the public shall be permitted to address Council or a Committee of Council on matters falling within the jurisdiction and Charter of Council as outlined in the Local Government Act 1993.

All addresses must comply with Council’s Public Access Forum Policy.

3 The draft revised Public Access Forum Policy be placed on public exhibition for a period of 28 days.

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4 The draft revised Code of Meeting Practice be placed on public exhibition for a minimum period of 28 days, with 42 days allowed for the receipt of submissions.

5 At the conclusion of the submission period, a report be presented to Council with a summary of the submissions received on the proposed changes to the Public Access Forum Policy and Code of Meeting Practice

6 With regards to the Code of Meeting Practice, all questions on Notice shall be included in the minutes.

Variations The variations moved by – • Councillor Blicavs amendment to part 1a dot-point 5 “any person or

nominee of an organisation invited to speak by resolution of Council or by approval of the Lord Mayor”;

• Councillor Takacs to remove part 1b (moving 1c to 1b);

were accepted by the mover and seconder.

34 COUNCIL’S RESOLUTION – An AMENDMENT was MOVED by Councillor Takacs seconded Councillor Merrin that –

1 The Public Access Forum Policy be revised to include the following amendments –

a Page 2 of the existing policy – the addition of the following points under the paragraph commencing ‘The following should also be noted’ –

• applicants to address Council or a Committee of Council must meet one of the following eligibility criteria:

- a resident or owner of land within the City of Wollongong Local Government Area;

- a person or entity entitled to vote in the City of Wollongong under the Local Government Act, or where that voter is not a natural person, the nominee of the entity with its written authority;

- the nominee of an entity owning land, conducting a business or providing a service in the Wollongong Local Government Area;

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- a duly appointed person including the legal, financial or town planning representative of any person or entity listed above with a matter before council (written authority must be provided);

- any person, or nominee of an organisation, invited to speak by resolution of Council or by approval of the Lord Mayor;

- any representative of a State or Federal Government Agency with a matter before Council.

b The policy include a note to help speakers stating that most people talk at about 125 to 150 words per minute.

2 The Code of Meeting Practice be amended to remove the duplication of information already contained in the Public Access Forum Policy. Clause 4.11 ‘Public Access Forum – members of the public addressing Council’, be therefore amended to read –

Members of the public shall be permitted to address Council or a Committee of Council on matters falling within the jurisdiction and Charter of Council as outlined in the Local Government Act 1993.

All addresses must comply with Council’s Public Access Forum Policy.

3 The draft revised Public Access Forum Policy be placed on public exhibition for a period of 28 days.

4 The draft revised Code of Meeting Practice be placed on public exhibition for a minimum period of 28 days, with 42 days allowed for the receipt of submissions.

5 At the conclusion of the submission period, a report be presented to Council with a summary of the submissions received on the proposed changes to the Public Access Forum Policy and Code of Meeting Practice.

Councillor Petty’s AMENDMENT on being PUT to the VOTE was LOST.

In favour Councillors Takacs and Merrin Against Councillors Kershaw, Connor, Brown, Martin, Blicavs, Dorahy, Colacino,

Crasnich, Curran, Petty and Bradbery

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Councillor Takacs’ FORESHADOWED AMENDMENT then BECAME the AMENDMENT.

The AMENDMENT on being PUT to the VOTE was CARRIED.

In favour Councillors Kershaw, Connor, Brown, Martin, Takacs, Merrin and Bradbery Against Councillors Blicavs, Dorahy, Colacino, Crasnich, Curran and Petty

ITEM B – NOTICE OF MOTION - COUNCILLOR BRADBERY -

RECOGNITION OF OUTSTANDING SERVICE TO NSW LOCAL GOVERNMENT - COUNCILLOR JANICE KERSHAW

35 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Bradbery seconded Councillor Brown that Council –

1 Acknowledge and recognise Councillor Janice Kershaw’s 20 years of outstanding service to Local Government in New South Wales, and specifically her service to Wollongong City Council.

2 Through Local Government NSW, seek recognition of Councillor Kershaw’s outstanding service by virtue of presentation of the Outstanding Service Award to Councillor Kershaw at the 2015 NSW Local Government Conference.

DEPARTURE OF COUNCILLORS

During debate and prior to voting on Item C the following Councillors departed and returned to the meeting, the times being –

• Councillor Kershaw from 7.01 pm to 7.02 pm; • Councillor Colacino from 7.04 pm to 7.06 pm; • Councillor Blicavs from 7.18 pm to 7.20 pm; • Councillor Crasnich from 7.30 pm to 7.32 pm.

A PROCEDURAL MOTION was MOVED by Councillor Crasnich seconded Councillor Colacino that Councillor Petty be granted an additional one (1) minute to address the meeting in relation to Item C.

A PROCEDURAL MOTION was MOVED by Councillor Crasnich seconded Councillor Merrin that Councillor Martin be granted an additional five (5) minutes to address the meeting in relation to Item C.

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ITEM C – NOTICE OF MOTION – COUNCILLOR PETTY – WOONONA

FLOOD STUDY

MOVED by Councillor Petty seconded Councillor Curran that –

1 All changes made by Council to the operation of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, in contravention of ‘Department of Planning LEP Practice Note PN11-001’ be immediately rescinded, and all affected property owners be notified in writing by Council.

2 a Council note the concerns submitted by Woonona residents regarding the Woonona Catchment Flood Study, as summarised in the ‘Statement of Facts and Issues’ (attached); and

b A report be submitted which clarifies Council’s response to these issues including, where relevant, a timetable of remedial actions.

3 The Woonona Catchment Flood Study be reviewed and re-exhibited to address the shortcomings in the existing flood study process, outlined in the attached ‘Statement of Facts and Issues’.

4 The information note prepared by the Manager, Infrastructure Strategy and Planning of 25 March 2015, which covers matters raised in the Notice of Motion, form the basis of an article to be placed on the Council website and the article be advertised through the appropriate channels.

5 The article and any related information form part of background information made available in the Climate Change Fora as resolved by Council last year.

6 An offer of a briefing on these matters, by Council staff, be forwarded to the relevant Neighbourhood Forum/s.

Variation The variation moved by Councillor Brown to include points 4, 5 and 6 was accepted by the mover and seconder.

At this point, Councillor Kershaw FORESHADOWED a MOTION should Councillor Petty’s Motion be defeated.

In favour Councillors Blicavs, Dorahy, Crasnich, Curran and Petty Against Councillors Kershaw, Connor, Brown, Martin, Takacs, Merrin, Colacino and

Bradbery

Following the defeat of Councillor Petty’s MOTION, Councillor Kershaw’s FORESHADOWED MOTION then became the MOTION.

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36 COUNCIL’S RESOLUTION – MOVED by Councillor Kershaw seconded Councillor Takacs that –

1 Council note operation of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 in relation to flood impacted land are now to be applied.

2 a Council note the concerns submitted by Woonona residents regarding the Woonona Catchment Flood Study, as summarised in the ‘Statement of Facts and Issues’ (attached); and

b A report be submitted which clarifies Council’s response to these issues.

3 Council note that following review of the 100% Blockage Policy that all catchment studies may need to be reviewed and if necessary amended.

4 The information note prepared by the Manager, Infrastructure Strategy and Planning of 25 March 2015, which covers matters raised in the Notice of Motion, form the basis of an article to be placed on the Council website and the article be advertised through the appropriate channels.

5 The article and any related information form part of background information made available in the Climate Change Fora as resolved by Council last year.

6 An offer of a briefing on these matters, by Council staff, be forwarded to the relevant Neighbourhood Forum/s and other briefing opportunities.

In favour Councillors Kershaw, Connor, Brown, Martin, Takacs, Merrin, Blicavs, Dorahy, Colacino, Crasnich, Curran and Bradbery

Against Councillor Petty

DEPARTURE OF COUNCILLORS

During debate and prior to voting on Item D, the following Councillors departed and returned to the meeting, the times being –

• Councillor Brown departed 8.20 pm to 8.21 pm; • Councillor Crasnich departed 8.32 pm to 8.33 pm; • Councillor Curran departed 8.41 pm to 8.45 pm; • Councillor Connor departed 9.29 pm to 9.30 pm; • Councillor Blicavs departed 9.30 pm to 9.31 pm.

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A PROCEDURAL MOTION was MOVED by Councillor Crasnich seconded Councillor Martin that Councillor Merrin be granted an additional five (5) minute to address the meeting in relation to Item D.

A PROCEDURAL MOTION was MOVED by Councillor Crasnich seconded Councillor Dorahy that Councillor Colacino be granted an additional three (3) minutes to address the meeting in relation to Item D.

ITEM D – NOTICE OF MOTION – COUNCILLOR MERRIN –

WORKPLACE GENDER EQUITY

MOVED by Councillor Merrin seconded Councillor Takacs that –

1 The Employment Equity and Diversity Policy and Employment Equity and Diversity Management Plan be reviewed to ensure that gender equity in employment levels and pay rates are achievable. The review to be completed by December 2015.

2 A report be submitted to Council which provides updated figures for workforce gender distribution and participation rates across the organisation at executive, management, supervisory and non-supervisory levels in each of the directorates and includes comparisons with other regional and NSW Councils as a whole. The report to also include progress on Council’s resolution of 30 January 2012 in relation to Workplace Diversity.

3 Council adopt a gender equity target of a minimum of 40% of management positions to be filled by women by 2018. The gender equity target to be incorporated into the General Manager’s key performance indicators.

4 In accordance with Council’s resolution of 30 January 2012, Council complete the application for ‘Silver’ accreditation level under the 50:50 Vision – Councils for Gender Equity, prior to the Australian Local Government Women’s Association (ALGWA) NSW Conference being hosted by Wollongong City Council on 30 April 2015, and complete the application for ‘Gold’ accreditation level by April 2018.

5 A best practice gender equality strategy be pursued using the WGEA (Workplace Gender Equality Agency) toolkit which helps organisations meet the Employer of Choice for Gender Equality citation standards.

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6 A Status of Women Reference Group be established, to include Councillors, staff and community members, for the purpose of promoting the status of women in the Wollongong Local Government Area (LGA), and fostering the active participation of women in the LGA.

An AMENDMENT was MOVED by Councillor Martin seconded

Councillor Brown that –

1 The Employment Equity and Diversity Policy and Employment Equity and Diversity Management Plan be reviewed to ensure that gender equity in employment levels and pay rates are achievable. The review to be completed by December 2015.

2 A report be submitted to the Information Folder which provides updated figures for workforce gender distribution and participation rates across the organisation at executive, management, supervisory and non-supervisory levels in each of the directorates and includes comparisons with other regional and NSW Councils as a whole. The report to also include progress on Council’s resolution of 30 January 2012 in relation to Workplace Diversity.

3 In accordance with Council’s resolution of 30 January 2012, Council complete the application for ‘Silver’ accreditation level under the 50:50 Vision – Councils for Gender Equity, prior to the Australian Local Government Women’s Association (ALGWA) NSW Conference being hosted by Wollongong City Council on 30 April 2015, and complete the application for ‘Gold’ accreditation level by April 2018.

4 A best practice gender equality strategy be pursued using the WGEA (Workplace Gender Equality Agency) toolkit which helps organisations meet the Employer of Choice for Gender Equality citation standards.

5 A report come to the Information Folder that canvasses options for a Status of Women Reference Group or similar body that includes the involvement of the relevant State and Federal agencies and includes linkages to Council’s strategic plan.

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37 COUNCIL’S RESOLUTION – MOVED Councillor Colacino seconded

Councillor Crasnich that the Employment Equity and Diversity Policy and Employment Equity and Diversity Management Plan be reviewed to ensure that gender equity in employment levels and pay rates are achievable. The review to be completed by December 2015.

Councillor Martin’s AMENDMENT on being PUT to the VOTE was LOST.

In favour Councillors Brown, Martin, Takacs, Merrin, Blicavs and Curran Against Councillors Kershaw, Connor, Dorahy, Colacino, Crasnich, Petty and

Bradbery

Councillor Merrin’s MOTION on being PUT to the VOTE was LOST.

In favour Councillors Martin, Takacs, Merrin and Curran Against Councillors Kershaw, Connor, Brown, Blicavs, Dorahy, Colacino, Crasnich,

Petty and Bradbery

Following the defeat of Councillor Merrin’s MOTION, Councillor Colacino’s FORESHADOWED MOTION then became the MOTION.

The MOTION on being PUT to the VOTE was CARRIED.

In favour Councillors Kershaw, Connor, Brown, Dorahy, Colacino, Crasnich and Bradbery

Against Councillors Martin, Takacs, Merrin, Blicavs, Curran and Petty

ITEM E – ITEM LAID ON TABLE – COUNCIL MEETING 9 MARCH 2015 –

NOTICE OF MOTION – COUNCILLOR PETTY – SKYDIVING ACTIVITIES – STUART AND DALTON PARKS

The motion of Councillor Petty seconded Councillor Curran that –

1 Council obtain a valuation from the Government Valuer on the use of land at Stuart and Dalton Parks for skydiving activities.

2 Council call for competitive tenders for the use of Stuart and Dalton Parks for skydiving activities.

3 Authority to execute leases over Stuart and/or Dalton Parks shall be by resolution of Council.

4 A report be submitted to Council which –

a Provides a full history from the original to current licences, development approvals, including variations and amendments, rent and market reviews, market valuations and processes undertaken to award licences, together with all documentation

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relating in any way to current commercial operators or any related entities.

b Provides alternative models for equity or joint venture participation in skydiving or other commercial activity at Stuart and/or Dalton Parks.

MATTER remains LAID ON TABLE.

DEPARTURE OF COUNCILLORS

During debate and prior to voting on Item 1, the following Councillors departed and returned to the meeting, the times being –

• Councillor Colacino from 9.44 pm to 9.49 pm; • Councillor Merrin from 10.13 pm to 10.15 pm; • Councillor Colacino from 10.27 pm to 10.27 pm.

A PROCEDURAL MOTION was MOVED by Councillor Dorahy seconded Councillor Crasnich that Councillor Blicavs be granted an additional one (1) minute to address the meeting in relation to Item 1.

EXTENSION OF MEETING TIME

A PROCEDURAL MOTION was MOVED UNANIMOUSLY by Councillor Connor seconded Councillor Brown that the meeting time be extended to 10.30 pm.

EXTENSION OF MEETING TIME

A PROCEDURAL MOTION was MOVED UNANIMOUSLY by Councillor Crasnich seconded Councillor Colacino that the meeting time be extended to 11.00 pm.

ITEM 1 – EXHIBITION – DRAFT ANNUAL PLAN 2015-16

38 COUNCIL’S RESOLUTION – RESOLVED on the motion of Councillor Connor seconded Councillor Blicavs that Council endorse the draft Annual Plan 2015-16, including:

- Attachment 1 – Draft Budget 2015-16 and Capital Budget 2015-16;

- Attachment 2 – Draft Revenue Policy, Fees and Charges 2015-16;

for public exhibition between the period 2 April and 1 May 2015.

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An AMENDMENT was MOVED by Councillor Curran seconded Councillor Takacs that –

1 Council endorse the draft Annual Plan 2015-16, including:

- Attachment 1 – Draft Budget 2015-16 and Capital Budget2015-16;

- Attachment 2 – Draft Revenue Policy, Fees and Charges2015-16;

for public exhibition between the period 2 April and 1 May 2015.

2 A report come to Council on the Long Term Urban Budget for West Dapto showing the Capital Works Budget; the projected share of those expenditures including the percentage of Council’s expenditure attributable to developer contributions and the extent to which that expenditure derives from revenue contributed by existing ratepayers of Wollongong LGA.

3 The above report to also include the extent of proposed and potential loan raisings by Council and the level of rates to be recovered by new property owners of West Dapto, Marshall Vale/Marshall Mount.

Councillor Curran’s AMENDMENT on being PUT to the VOTE was LOST.

In favour Councillors Kershaw, Takacs, Merrin, Crasnich, Curran and Petty Against Councillors Connor, Brown, Martin, Blicavs, Dorahy, Colacino and

Bradbery

Councillor Connor’s MOTION on being PUT to the VOTE was CARRIED.

In favour Councillors Kershaw, Connor, Brown, Martin, Takacs, Merrin, Blicavs, Dorahy, Colacino, Crasnich and Bradbery

Against Councillors Curran and Petty

DEPARTURE OF COUNCILLOR

During debate and prior to voting on Item 2, Councillor Curran departed and returned to the meeting, the time being from 10.45 pm to 10.48 pm.

A PROCEDURAL MOTION was MOVED by Councillor Crasnich seconded Councillor Blicavs that Councillor Dorahy be granted an additional three (3) minute to address the meeting in relation to Item 2.

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ITEM 2 – TOWRADGI DUNES RESHAPING – DRAFT DETAIL DESIGN

REPORT

39 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Dorahy seconded Councillor Kershaw that Council endorse the proposed Towradgi Beach Re-shaping Works as shown in the Draft Detailed Design Report.

A PROCEDURAL MOTION was MOVED by Councillor Dorahy seconded

Councillor Brown that Items 3 and 4 be considered concurrently. The PROCEDURAL MOTION on being PUT to the VOTE was CARRIED.

ITEM 3 – SMOKE FREE ARTS PRECINCT ENGAGEMENT REPORT

40 COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Dorahy seconded Councillor Martin that –

1 The draft Wollongong Arts Precinct Smoke Free Policy be placed on public exhibition for 28 days from 7 April 2015.

2 A further report be submitted to Council following conclusion of the exhibition period.

ITEM 4 – SMOKE FREE ZONES – CROWN STREET MALL AND OUTDOOR DINING IN THE LOCAL GOVERNMENT AREA

This Item was considered in conjunction with Item 3. Refer to Procedural Motion and Minute Number 40.

COUNCIL’S RESOLUTION – RESOLVED UNANIMOUSLY on the motion of Councillor Dorahy seconded Councillor Martin that –

1 Council continue to –

a utilise education and promotion on the smoke free Crown Street Mall, and outdoor dining licensed areas in the Wollongong local government area, which are under the control of Council; and

b implement the prohibition of smoking through outdoor dining licence conditions for areas under the control of Council.

2 The draft Crown Street Mall Smoke Free Policy be placed on public exhibition for 28 days from 7 April 2015 and a further report be submitted to Council following conclusion of the exhibition period.

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ITEM 5 – REVIEW OF INTERNAL REPORTING POLICY

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 33).

COUNCIL’S RESOLUTION that –

1 Council adopt the revised Internal Reporting Policy.

2 The Internal Reporting Policy – Staff Copy be revoked.

ITEM 6 – TENDER T14/36 – GRAND PACIFIC WALK STAGE 1 –

SECTION 1C (NO 241 TO PEDESTRIAN REFUGE AND PEDESTRIAN REFUGE TO TOM AND NORMA WILLIAMSON REST AREA) LAWRENCE HARGRAVE DRIVE, COALCLIFF

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 33).

COUNCIL’S RESOLUTION that –

1 In accordance with the Local Government (General) Regulation 2005, Clause 178 (1) (a), Council accept the tender of The GC Group Company Pty Ltd for construction of the Grand Pacific Walk Stage 1 – Section 1C (No 241 to Pedestrian Refuge and Pedestrian Refuge to Tom and Norma Williamson Rest Area) Lawrence Hargrave Drive, Coalcliff in the sum of $321,822.50, excluding GST.

2 Council delegate to the General Manager the authority to finalise and execute the contract and any other documentation required to give effect to this resolution.

3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required to give effect to this resolution.

ITEM 7 – TENDER T15/02 WOLLONGONG YOUTH CENTRE ROOF AND

AIR CONDITIONING UPGRADE

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 33).

COUNCIL’S RESOLUTION that –

1 In accordance with the Local Government (General) Regulation 2005, Clause 178 (1) (a), Council accept the tender of Piruse Constructions Pty Ltd for the reroofing and air conditioning upgrade to the

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Wollongong Youth Centre, in the sum of $528,000.00, excluding GST.

2 Council delegate to the General Manager the authority to finalise and execute the contract and any other documentation required to give effect to this resolution.

3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required to give effect to this resolution.

ITEM 8 – TENDER T15/03 CORRIMAL SURF LIFE SAVING CLUB

EXTERNAL REFURBISHMENT

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 33).

COUNCIL’S RESOLUTION that –

1 In accordance with the Local Government (General) Regulation 2005, Clause 178 (1) (a), Council accept the tender of Piruse Constructions Pty Ltd for the External Refurbishment of the Corrimal Surf Life Saving Club, in the sum of $381,528.00, excluding GST.

2 Council delegate to the General Manager the authority to finalise and execute the contract and any other documentation required to give effect to this resolution.

3 Council grant authority for the use of the Common Seal of Council on the contract and any other documentation, should it be required to give effect to this resolution.

ITEM 9 – PROPOSED DEDICATION OF LANE OFF CHARLOTTE

STREET, WOLLONGONG AS PUBLIC ROAD

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 33).

COUNCIL’S RESOLUTION – In accordance with Section 16 of the Roads Act 1993, Council approve the dedication as public road of the lane on the northern side of Charlotte Street, Wollongong, as shown hatched on the attachment to this report, by the placement of a notice in the NSW Government Gazette.

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ITEM 10 – PROPOSED SALE OF PORTION OF LOT 501 DP 1079122

REDDALLS ROAD, KEMBLA GRANGE

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 33).

COUNCIL’S RESOLUTION that –

1 Council authorise the sale of the portion of Lot 501 DP 1079122 Reddalls Road, Kembla Grange, as shown hatched on the attachment to this report, on the following conditions:

a Sale price of $50,000 (+ GST).

b The applicant be responsible for all costs in this matter.

2 Authority be granted to affix the Common Seal of Council to the transfer documents and any other documentation required to give effect to this resolution.

ITEM 11 – PROPOSED GRANT OF EASEMENT FOR DRAINAGE OVER

CROWN RESERVE D580102 LOT 7045 DP 1126831 PIONEER REST PARK, WOLLONGONG

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 33).

COUNCIL’S RESOLUTION that –

1 Council approve the grant of an Easement for Drainage of Water Variable Width over Crown Reserve D580102 Lot 7045 DP 1126831 Pioneer Rest Park, as shown on the attachment to this report.

2 IRT be responsible for all costs in the creation of the easement including valuation, plan preparation and lodgement, legal and transfer costs.

3 Approval be granted to affix the Common Seal of Council to the easement creation documents and any other documentation required to give effect to this resolution.

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Minutes of Ordinary Meeting of Council 30 March 2015 19

Minute No

ITEM 12 – FEBRUARY 2015 FINANCIALS

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 33).

COUNCIL’S RESOLUTION that –

1 The report be received and noted.

2 Proposed changes in the Capital Works Program be approved.

ITEM 13 – STATEMENT OF INVESTMENTS – FEBRUARY 2015

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 33).

COUNCIL’S RESOLUTION – Council receive the Statement of Investments for February 2015.

ITEM 14 – BI MONTHLY TABLING OF RETURNS OF DISCLOSURES OF

INTEREST AND OTHER MATTERS

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 33).

COUNCIL’S RESOLUTION – Council note the tabling of the Returns of Disclosures of Interest as required by Section 450A of the Local Government Act 1993.

ITEM 15 – PROPOSED LEASE OF UNIT 1, KEMBLA TERRACES,

74 KEMBLA STREET, WOLLONGONG

The following staff recommendation was adopted as part of the Block Adoption of Items (refer Minute Number 33).

COUNCIL’S RESOLUTION that –

1 Authority be granted for a lease to be entered into for Part Lot 402 DP719826 being Unit 1, 74 Kembla Street, Wollongong [and Part Lot 602 DP812146 for part Market Street Car Park for licence of two (2) car parking spaces] to Nathan Cooper and Anna Cooper, Live Active Physio, or their corporate nominee, for a term of two (2) years with three (3) by three (3) year option terms (totalling 11 years) in accordance with the terms set out in this report.

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Minutes of Ordinary Meeting of Council 30 March 2015 20

Minute No

2 Authority be granted to affix the Common Seal of the Council to the Lease and Licence and any other documentation and the General Manager be authorised to sign the necessary Lease and Licence documentation.

THE MEETING CONCLUDED AT 10.55 PM Confirmed as a correct record of proceedings at the Ordinary Meeting of the Council of the City of Wollongong held on 27 April 2015.

Chairperson

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Location Map

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URBAN COOLING INITIATIVES Below is a discussion of the actions, constraints and status for key mitigation opportunities to address controllable causal factors of the UHI effect. This information should be considered in the context of existing Council commitments and priorities.

VEGETATION

Increase the % cover of vegetation and diversity of species.

Current Activity

Natural areas restoration, Tree Management Permit, Greenplan and Botanic Gardens programs, GROW LOCAL guides, Bushcare, Dunecare, Community Gardens, development of Public Tree Management Policy, DCP, Public Domain Technical Manual, precinct planning.

Focus Area Action Constraints Status

Urban Greening (Forest) Strategy

• Quantify the % vegetation cover across the LGA and set targets to increase (202020 Vision);

• Increase urban canopy cover; • Improve species diversity,

appropriateness, increase native vegetation;

• Engagement across all stakeholder groups, land categories and owners to increase urban vegetation;

• Audit and quantify environmental values of street trees (i-Tree Eco);

• Planning to develop precinct level targets, species lists, planting schedules and equity in resource allocation for urban vegetation

Staff time, Budget, Competing priorities, Web tool available.

Included in draft 15/16 Annual Plan and Budget

Protect and maintain existing vegetation

• Proactive street and park tree strategies conserve, maintain and enhance;

• Conserve, maintain and enhance surrounding vegetation.

Staff time. Budget. Legislation, competing priorities all limit efforts.

Existing activity that could be enhanced. Future opportunity.

Green Roofs and Walls

• Develop a strategy and implementation plan, identify opportunities and benchmark existing examples;

• Develop specifications and approval processes.

Staff time. Budget. Competing priorities.

Can be included in Sustainability Chapter of DCP. Future opportunity for Council works.

BUILT FORM – MATERIALS + CITY STRUCTURE

Increase reflectiveness (albedo); increase water permeability; improve efficiency. Improve design for environmental performance, human comfort.

Current Activity

Public Domain Technical Manual, DCP, development of a Sustainable Buildings Policy, Public Spaces Public Life studies, Greenstar Performance Rating.

Focus Area Action Constraints Status Sustainability Chapter DCP

• Review relevant DCP chapters to identify opportunities to update specifications for developments to include: higher albedo surfaces and roofs; permeable paving; landscaping for increased vegetation and canopy cover including green roofs and walls; deep soil zones; enhanced building design and performance.

Staff time. Budget. Legislation. Competing priorities.

Included in draft 15/16 Annual Plan and Budget

Higher Albedo (whiteness)

• Promote and increase % of cool, pale paving treatments and surfaces;

• Promote and increase % of cool, reflective white roofs.

Include in Sustainability Chapter of DCP. Future opportunity for Council works.

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Building Design and Performance

• Provide support, advice and incentives to new building developers and retrofitters;

• Energy efficiency, window placement and treatments, solar passive design in new and redeveloped buildings

Staff time. Budget. Legislation. Competing priorities.

Include in Sustainability Chapter of DCP. Existing opportunity for Council works that could be enhanced. Future opportunity.

Public Spaces • Landscapes and streetscapes are designed for human comfort, providing respite from extreme temperatures;

• WSUD streetscape designs to link increased native vegetation cover to increased stormwater infiltration retro-fits;

• Increase extent of permeable paving and surfaces

Staff time. Budget. Competing priorities

Existing activity that could be enhanced. Future opportunity.

Monitoring • Undertake a thermal imaging, temperature and humidity study to understand surface temperature impacts, plan urban infrastructure and vegetation, evaluate of mitigation measures

Limited cost-benefit and increase in knowledge compared to direct action on known issues with known positive impact

Future opportunity.

HUMAN ACTIVITY

Decrease energy consumption and waste gases.

Current Activity

Increasing accessibility and services for pedestrians and cyclists, environmental education programs.

Focus Area Action Constraints Status Community Engagement

• Increase community knowledge and engagement in urban vegetation: at home and in public spaces;

• Matching grants programs encourage urban greening

Limited to existing volunteer and education programs. Staff time. Budget.

Include in Urban Greening Strategy.

Transport • Improve efficiency and reduce dependence on inner city motorised transport;

• Increase active transport

Staff time. Budget. Competing priorities. Commitment from other agencies.

Existing activity that could be enhanced.

Energy Consumption

• Minimise energy use at peak times to avert system failure;

• Explore options to increase mix of energy efficiency and renewables

Staff time. Budget. Competing priorities. Legislation. Commitment from other agencies.

Future opportunity.

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North Wollongong

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Map Identification number: InnovationCampus_PP_Site Location.mxd

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Projection: GDA 1994MGA Zone 56

Planning ProposalInnovation Campus, Squires Way

Fairy MeadowSite Location Map

Subject site

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North Wollongong

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Drawn By: J Lewis

2002 Master Plan

Draft LEP1990 C/P 02/7

LEP 1990 Amendment 221

Zone Boundaries

LEP 2009 (as at 26.02.2010)

Proposed SP1 Zone boundary

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E2

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Map Identification number: InnovationCampus_PP_Zoning.mxd

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Projection: GDA 1994MGA Zone 56

Planning ProposalInnovation Campus, Squires Way

Fairy MeadowProposed Zoning

Subject site

Zones

Neighbourhood Centre

Local Centre

Environmental Conservation

Light Industrial

Low Density Residential

Medium Density Residential

High Density Residential

Public Recreation

Private Recreation

Special Activities

Infrastructure

Natural Waterways

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Map Identification number: InnovationCampus_PP_Heights.mxd

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Projection: GDA 1994MGA Zone 56

Planning ProposalInnovation Campus, Squires Way

Fairy MeadowProposed Height of Buildings

Subject site

Maximum Heightof Buildings (m)

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WOLLONGONG CITY COUNCIL1 July 2014 to 27 March 2015

2014/15 2014/15 2014/15 2014/15 Orginal Budget Current Budget YTD Budget Actual YTD

$'000 $'000 $'000 $'000

Income StatementIncome From Continuing OperationsRevenue:Rates and Annual Charges 165,699 166,585 123,228 123,478

User Charges and Fees 32,487 31,804 23,813 24,596

Interest and Investment Revenues 5,238 5,514 3,969 4,340

Other Revenues 9,143 9,562 7,116 7,831

Grants & Contributions provided for Operating Purposes 28,146 29,110 22,013 21,889

Grants & Contributions provided for Capital Purposes 32,604 28,174 12,359 13,300

Profit/Loss on Disposal of Assets 1,040 4,546 4,550 4,547

Total Income from Continuing Operations 274,357 275,296 197,047 199,981

Expenses From Continuing Operations

Employee Costs 107,212 109,338 81,145 80,252

Borrowing Costs 3,830 3,991 2,952 2,980

Materials, Contracts & Other Expenses 90,424 88,937 62,324 57,952

Depreciation, Amortisation + Impairment 61,767 60,773 45,621 45,508

Internal Charges (labour) (10,606) (10,591) (7,836) (8,196)

Internal Charges (not labour) (1,536) (1,422) (1,055) (1,018)

Total Expenses From Continuing Operations 251,092 251,027 183,152 177,477

Operating Results From Continuing Operations 23,265 24,269 13,895 22,504

Net Operating Result for the Year 23,265 24,269 13,895 22,504

(9,338) (3,905) 1,536 9,204NET SURPLUS (DEFICIT) [Pre capital] % 8.5% 8.8% 7.1% 11.3%

Funding Statement

Net Operating Result for the Year 23,265 24,269 13,895 22,504

Add back :

- Non-cash Operating Transactions 78,059 71,204 52,151 52,518

- Restricted cash used for operations 14,413 15,814 6,985 6,062

- Income transferred to Restricted Cash (58,334) (68,864) (34,944) (36,095)

- Payment of Accrued Leave Entitlements (10,145) (10,145) (8,009) (8,737)

- Payment of Carbon Contributions (427) (263) (263) (264)

Funds Available from Operations 46,832 32,014 29,814 35,987

Advances (made by) / repaid to Council (135) (135) 5 10

Borrowings repaid (4,914) (5,236) (4,360) (4,361)

Operational Funds Available for Capital Budget 41,782 26,643 25,459 31,636

CAPITAL BUDGET

Assets Acquired (83,693) (85,950) (60,225) (57,558)

Contributed Assets 0 0 0 (1,909)

Transfers to Restricted Cash (1,040) (17,758) (17,758) (17,638)

Funded From :-

- Operational Funds 41,782 26,643 25,459 31,636

- Sale of Assets 3,263 12,173 11,428 10,746

- Internally Restricted Cash 5,126 8,274 7,315 6,376

- Borrowings 0 15,000 15,000 15,000

- Capital Grants 13,914 12,323 9,763 9,946

- Developer Contributions (Section 94) 5,858 5,862 4,128 2,607

- Other Externally Restricted Cash 10,136 10,893 7,956 8,423

- Other Capital Contributions 1,955 2,638 1,362 3,209

TOTAL FUNDS SURPLUS / (DEFICIT) (2,700) (9,903) 4,428 10,837

Net Operating Result for the Year before Grants & Contributions provided for Capital Purposes

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Manager Project Delivery Division Commentary on March 2015 Capital Budget Report

As at 27 March 2015, year to date expenditure was $57.6 of the approved capital budget of $86.0M. This value is $2.6M behind the initial forecast expenditure of $60.2M for this period.

The following table summarises the proposed changes to the total Capital budget by transfer of budget between programs and reduction or introduction of various types of external or loan funding. These changes result is a net decrease in the capital budget of $0.7M to $85.3M.

Program Major Points of change to Capital Budget

Traffic Facilities Introduce RMS funding for existing project.

Allocate additional budget from Contingency to existing projects.

Road Works Allocate additional budget from Contingency to existing projects.

Footpaths Allocate additional budget from Contingency to existing projects.

Cycle/Shared Paths Rephase funding for existing project to 2015-16.

Commercial Centre Upgrades – Footpaths & Cycleways

Rephase budget for Crown Street Mall to 2015-16.

Carpark Reconstruction or Upgrading Allocate budget from Lake Illawarra Foreshore Program to car park renew project at Kanahooka Boat ramp.

Floodplain Management Reallocate budget and funding to Stormwater Management program.

Stormwater Management Reallocate budget and funding from Flood Plain Structures and Stormwater Treatment Devices Programs to Stormwater Management Program.

Stormwater Treatment Devices Reallocate budget and funding to Stormwater Management Program.

Cultural Centres (IPAC, Gallery, Townhall)

Introduce funding from Arts NSW to new project.

Administration Buildings Reallocate budget from Administration Buildings Program to Community Buildings and Public Facilities Programs.

Community Buildings Reallocate budget from Administration Buildings Program.

Public Facilities (Shelters, Toilets etc.) Reallocate budget from Administration Buildings and Treated Water Pools Programs.

Tourist Park – Upgrade & Renewal Reallocate budget to Crematorium/Cemetery - Upgrades and Renewal program

Crematorium/Cemetery - Upgrades and Renewal

Reallocate budget from Crematorium/Cemetery - Upgrades and Renewal program.

Recreation Facilities Reallocate budget to Sporting Facilities Program.

Sporting Facilities Reallocate budget from Sporting Facilities Program.

Introduce funding for new projects from Sports Infrastructure Priority (funding) reserve.

Lake Illawarra Foreshore Reallocate budget to Carpark Reconstruction or Upgrading Program.

Rock/Tidal Pools Reallocate budget to Capital Budget Contingency.

Treated Water Pools Reallocate budget to Public Facilities (Shelters, Toilets etc).

Environmental Management Program Reallocate budget to Natural Area Management and Rehabilitation.

Natural Area Management and Rehabilitation

Reallocate budget from Environmental Management Program.

Whytes Gully New Cells Rephase funding for existing project to 2015-16.

Whytes Gully Renewal Works Rephase funding for existing project to 2015-16.

Reallocate budget to Helensburgh Rehabilitation.

Helensburgh Rehabilitation Reallocate budget from Whytes Gully Renewal Works.

Capital Budget Contingency Distributions to match various budget allocations as detailed above.

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Roads And Related Assets

Traffic Facilities 2,515 (1,286) 2,555 (1,306) 1,836 40 (20)

Public Transport Facilities 250 (75) 250 (75) 183 (0) (0)

Roadworks 8,022 (1,246) 8,072 (1,246) 4,400 50 (0)

Bridges, Boardwalks and Jetties 3,720 (1,840) 3,720 (1,840) 2,915 0 0

TOTAL Roads And Related Assets 14,507 (4,447) 14,597 (4,467) 9,334 90 (20)

West Dapto

West Dapto Infrastructure Expansion 9,087 (9,110) 9,087 (9,110) 8,538 (0) 0

TOTAL West Dapto 9,087 (9,110) 9,087 (9,110) 8,538 (0) 0

Footpaths And Cycleways

Footpaths 5,859 (4,760) 6,009 (4,760) 2,713 150 (0)

Cycle/Shared Paths 6,580 (4,522) 5,928 (3,871) 3,238 (651) 651

Commercial Centre Upgrades - Footpaths and Cycleway 11,977 (2,815) 11,757 (2,815) 10,914 (220) (0)

TOTAL Footpaths And Cycleways 24,416 (12,097) 23,694 (11,446) 16,864 (721) 651

Carparks

Carpark Construction/Formalising 677 (400) 677 (400) 201 (0) 0

Carpark Reconstruction or Upgrading 1,071 (200) 1,136 (200) 450 65 0

TOTAL Carparks 1,748 (600) 1,813 (600) 651 65 0

Stormwater And Floodplain Management

Floodplain Management 1,184 (659) 1,094 (594) 676 (90) 65

Stormwater Management 1,520 (795) 1,629 (879) 1,049 109 (84)

Stormwater Treatment Devices 200 (200) 181 (181) 125 (19) 19

TOTAL Stormwater And Floodplain Man 2,904 (1,654) 2,904 (1,654) 1,850 (0) (0)

Buildings

Cultural Centres (IPAC, Gallery, Townhall) 895 0 955 (60) 552 60 (60)

Administration Buildings 1,816 0 1,601 0 1,366 (215) 0

Community Buildings 5,496 (935) 5,661 (935) 2,887 165 0

Public Facilities (Shelters, Toilets etc) 1,015 (113) 1,120 (113) 385 105 0

TOTAL Buildings 9,221 (1,048) 9,336 (1,108) 5,190 115 (60)

Commercial Operations

Tourist Park - Upgrades and Renewal 675 0 660 0 400 (15) 0

Crematorium/Cemetery - Upgrades and Renewal 354 0 369 0 96 15 0

Leisure Centres & RVGC 175 0 175 0 61 0 0

TOTAL Commercial Operations 1,204 0 1,204 0 557 0 0

Parks Gardens And Sportfields

Play Facilities 2,159 (804) 2,159 (804) 1,058 0 (0)

Recreation Facilities 625 0 609 0 421 (16) 0

Sporting Facilities 958 (736) 1,124 (886) 575 166 (150)

Lake Illawarra Foreshore 225 0 160 0 155 (65) 0

TOTAL Parks Gardens And Sportfields 3,967 (1,540) 4,052 (1,690) 2,209 85 (150)

YTD EXPENDITURE EXPENDITURE OTHER FUNDINGASSET CLASSPROGRAMME

EXPENDITURE OTHER FUNDING EXPENDITURE OTHER FUNDING

CURRENT BUDGET WORKING BUDGET VARIATION

CAPITAL PROJECT REPORTas at the period ended 27 March 2015

$'000 $'000 $'000

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Beaches And Pools

Beach Facilities 428 0 428 0 267 (0) 0

Rock/Tidal Pools 1,635 0 1,385 0 801 (250) 0

Treated Water Pools 1,245 (8) 1,190 (8) 712 (55) 0

TOTAL Beaches And Pools 3,308 (8) 3,003 (8) 1,779 (305) 0

Natural Areas

Environmental Management Program 145 0 20 0 7 (125) 0

Natural Area Management and Rehabilitation 177 (45) 302 (45) 75 125 0

TOTAL Natural Areas 322 (45) 322 (45) 82 0 0

Waste Facilities

Whytes Gully New Cells 6,000 (6,000) 5,895 (5,895) 5,495 (105) 105

Whytes Gully Renewal Works 390 (390) 235 (235) 51 (155) 155

Helensburgh Rehabilitation 200 (200) 220 (220) 175 20 (20)

TOTAL Waste Facilities 6,590 (6,590) 6,350 (6,350) 5,721 (240) 240

Fleet

Motor Vehicles 1,886 (1,043) 1,886 (1,043) 670 (0) 0

TOTAL Fleet 1,886 (1,043) 1,886 (1,043) 670 (0) 0

Plant And Equipment

Portable Equipment (Mowers etc) 400 (300) 400 (300) 25 (0) 0

Mobile Plant (trucks, backhoes etc) 2,256 (215) 2,256 (215) 1,457 (0) 0

Fixed Equipment 260 0 260 0 68 0 0

TOTAL Plant And Equipment 2,916 (515) 2,916 (515) 1,550 (0) 0

Information Technology

Information Technology 820 0 820 0 389 (0) 0

TOTAL Information Technology 820 0 820 0 389 (0) 0

Library Books

Library Books 1,200 0 1,200 0 951 (0) 0

TOTAL Library Books 1,200 0 1,200 0 951 (0) 0

Public Art

Public Art Works 282 (22) 282 (22) 48 0 (0)

Art Gallery Acquisitions 141 (41) 141 (41) 71 0 0

TOTAL Public Art 423 (63) 423 (63) 120 0 (0)

Emergency Services

Emergency Services Plant and Equipment 200 0 200 0 116 0 0

TOTAL Emergency Services 200 0 200 0 116 0 0

Land Acquisitions

Land Acquisitions 730 0 730 0 637 0 0

TOTAL Land Acquisitions 730 0 730 0 637 0 0

Non-Project Allocations

Capital Project Contingency 46 0 296 0 0 250 0

Capital Project Plan 455 (166) 455 (166) 349 0 0

TOTAL Non-Project Allocations 501 (166) 751 (166) 349 250 0

Loans

West Dapto Loan 0 (2,760) 0 (2,760) 0 0 0

LIRS Loan 0 (15,000) 0 (15,000) 0 0 0

TOTAL Loans 0 (17,760) 0 (17,760) 0 0 0

GRAND TOTAL 85,950 (56,685) 85,288 (56,024) 57,558 (661) 661

CURRENT BUDGET WORKING BUDGET VARIATION

ASSET CLASSPROGRAMME

EXPENDITURE OTHER FUNDING EXPENDITURE OTHER FUNDING YTD EXPENDITURE EXPENDITURE OTHER FUNDING

CAPITAL PROJECT REPORTas at the period ended 27 March 2015

$'000 $'000 $'000

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WOLLONGONG CITY COUNCIL

Actual Actual2014/15 2013/14

$'000 $'000

as at 27/03/15 as at 30/06/14

CURRENT ASSETS

Cash Assets 116,641 89,329Investment Securities 8,033 7,642Receivables 14,696 18,572Inventories 6,046 6,037Other 5,515 1,646Assets classified as held for sale 0 1,700

Total Current Assets 150,930 124,926

NON-CURRENT ASSETS

Non Current Cash Assets 21,000 21,000Non-Current Receivables 5,238 5,238Property, Plant and Equipment 2,235,439 2,207,842Investment Properties 2,750 2,750Westpool Equity Contribution 1,181 1,181Intangible Assets 684 929

Total Non-Current Assets 2,266,292 2,238,940

TOTAL ASSETS 2,417,222 2,363,866

CURRENT LIABILITIES

Current Payables 28,788 29,098Current Provisions payable < 12 months 11,505 10,690Current Provisions payable > 12 months 32,224 32,224Current Interest Bearing Liabilities 3,908 3,908

Total Current Liabilities 76,425 75,919

NON-CURRENT LIABILITIES

Non Current Interest Bearing Liabilities 42,851 31,459Non Current Provisions 50,245 49,217

Total Non-Current Liabilities 93,096 80,676

TOTAL LIABILITIES 169,521 156,595

NET ASSETS 2,247,702 2,207,271

EQUITY

Accumulated Surplus 1,134,422 1,103,532Asset Revaluation Reserve 1,006,232 1,013,802Restricted Assets 107,048 89,937

TOTAL EQUITY 2,247,702 2,207,271

BALANCE SHEET

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CASH FLOWS FROM OPERATING ACTIVITIESReceipts:

Rates & Annual Charges

User Charges & Fees

Interest & Interest Received

Grants & Contributions

Other

Payments:

Employee Benefits & On-costs

Materials & Contracts

Borrowing Costs

Other

Net Cash provided (or used in) Operating Activities

CASH FLOWS FROM INVESTING ACTIVITIESReceipts:

Sale of Infrastructure, Property, Plant & Equipment

Deferred Debtors Receipts

Payments:

Purchase of Investments

Purchase of Investment Property

Purchase of Infrastructure, Property, Plant & Equipment

Purchase of Interests in Joint Ventures & Associates

Net Cash provided (or used in) Investing Activities

CASH FLOWS FROM FINANCING ACTIVITIESReceipts:

Proceeds from Borrowings & Advances

Payments:

Repayment of Borrowings & Advances

Repayment of Finance Lease Liabilities

Net Cash Flow provided (used in) Financing Activities

Net Increase/(Decrease) in Cash & Cash Equivalents

plus: Cash & Cash Equivalents and Investments - beginning of year

Cash & Cash Equivalents and Investments - year to date

117,971 116,796

145,675 117,971

10,636 (437)

27,704 1,175

(4,364) (4,742)

- -

(49,746) (88,472)

15,000 4,305

(60,462) (91,729)

- -

- -

- -

- 12

10,716 3,245

66,814 90,084

(37,592) (38,702)

(937) (989)

(27,554) (35,817)

36,995 51,407

10,317 13,774

(75,449) (95,572)

122,179 157,362

33,748 33,034

5,107 5,587

WOLLONGONG CITY COUNCILCASH FLOW STATEMENT

as at 27 March 2015YTD Actual Actual

2014/15 2013/14

$ '000 $ '000

Total Cash & Cash Equivalents and Investments - year to date

Attributable to:

External Restrictions (refer below)

Internal Restrictions (refer below)

Unrestricted

External Restrictions

Developer Contributions

RMS Contributions

Specific Purpose Unexpended Grants

Special Rates Levy Wollongong Centre Improvement Fund

Special Rates Levy Wollongong Mall

Special Rates Levy Wollongong City Centre

Local Infrastructure Renewal Scheme

Unexpended Loans

Domestic Waste Management

Private Subsidies

Stormwater Management Service Charge

Total External Restrictions

Internal Restrictions

Property Development

Property Investment Fund

Future Projects

Sports Priority Program

Car Parking Stategy

MacCabe Park Development

Darcy Wentworth Park

Garbage Disposal Facility

Telecommunications Revenue

West Dapto Development Additional Rates

Southern Phone Natural Areas

Carbon Price

Total Internal Restrictions

4,379 2,176

10,617 20,281

114 279

519 -

35,046 24,384

265 489

599 71

653 391

156 99

667 850

5,200 -

72,002 63,961

4,122 (252)

7,755 -

10,056 6,408

3,165 1,883

544 834

7,230 12,877

- -

178 251

10 11

231 238

6,234 10,910

25,702 18,791

38,627 29,626

145,675 117,971

18,652 11,758

145,675 117,971

72,002 63,961

35,046 24,384

as at 27 March 2015YTD Actual Actual

2014/15 2013/14

$ '000 $ '000

WOLLONGONG CITY COUNCILCASH FLOW STATEMENT

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Investment Body Rating Purchase Price $ Fair Value of Holding $ Security Purchase Date

Maturity Date

Interest / Coupon Rate

NAB Professional Maximiser A-1+ - 20,099,221 11am 27/03/2015 27/03/2015 3.00%IMB A-2 1,000,000 1,000,000 T/Deposit 30/01/2015 1/04/2015 3.20%ING Australia A-2 1,500,000 1,500,000 T/Deposit 26/08/2014 23/04/2015 3.60%Commonwealth Bank A-1 2,000,000 2,000,000 T/Deposit 26/03/2015 27/04/2015 2.71%IMB A-2 2,000,000 2,000,000 T/Deposit 30/01/2015 30/04/2015 3.25%ING Australia A-2 4,000,000 4,000,000 T/Deposit 2/10/2014 30/04/2015 3.49%IMB A-2 5,000,000 5,000,000 T/Deposit 27/02/2015 1/05/2015 3.00%IMB A-2 2,000,000 2,000,000 T/Deposit 17/11/2014 18/05/2015 3.40%Bendigo Bank A-2 3,000,000 3,000,000 T/Deposit 28/05/2014 28/05/2015 3.70%Bank of Queensland A-2 2,000,000 2,000,000 T/Deposit 28/11/2014 28/05/2015 3.60%Members Equity Bank A-2 3,000,000 3,000,000 T/Deposit 28/11/2014 28/05/2015 3.55%SunCorp A-1 5,000,000 5,000,000 T/Deposit 13/03/2015 15/06/2015 3.00%ING Australia A-2 2,000,000 2,000,000 T/Deposit 26/08/2014 22/06/2015 3.60%Bank of Queensland A-2 3,000,000 3,000,000 T/Deposit 27/02/2015 29/06/2015 3.05%Bank of Queensland A-2 2,000,000 2,000,000 T/Deposit 13/03/2015 13/07/2015 3.10%Bank of Queensland A-2 2,000,000 2,000,000 T/Deposit 28/01/2015 28/07/2015 3.45%ANZ A-1+ 3,000,000 3,000,000 T/Deposit 29/08/2014 29/07/2015 3.74%IMB A-2 2,000,000 2,000,000 T/Deposit 30/01/2015 29/07/2015 3.20%ANZ A-1+ 2,500,000 2,500,000 T/Deposit 6/08/2013 6/08/2015 4.05%NAB A-1+ 2,000,000 2,000,000 T/Deposit 27/02/2014 27/08/2015 3.94%Bank of Queensland A-2 3,000,000 3,000,000 T/Deposit 28/11/2014 28/08/2015 3.57%ING Australia A-2 5,000,000 5,000,000 T/Deposit 29/08/2013 31/08/2015 4.15%ING Australia A-2 4,000,000 4,000,000 T/Deposit 29/08/2013 31/08/2015 4.15%NAB A-1+ 1,500,000 1,500,000 T/Deposit 29/08/2013 31/08/2015 4.21%Bank of Queensland A-2 3,000,000 3,000,000 T/Deposit 18/02/2015 18/09/2015 3.20%NAB A-1+ 2,000,000 2,000,000 T/Deposit 18/02/2015 18/09/2015 3.16%Bank of Queensland A-2 3,000,000 3,000,000 T/Deposit 26/03/2015 23/09/2015 3.10%Bendigo Bank A-2 2,000,000 2,000,000 T/Deposit 26/03/2015 28/09/2015 3.00%ANZ A-1+ 2,000,000 2,000,000 T/Deposit 29/08/2014 29/09/2015 3.74%Bank of Queensland A-2 2,000,000 2,000,000 T/Deposit 7/01/2015 7/10/2015 3.50%Commonwealth Bank A-1 3,000,000 3,000,000 T/Deposit 13/03/2015 9/10/2015 3.10%ANZ A-1+ 2,000,000 2,000,000 T/Deposit 29/08/2014 29/10/2015 3.74%ANZ A-1+ 2,000,000 2,000,000 T/Deposit 29/08/2014 29/11/2015 3.74%NAB A-1+ 2,000,000 2,000,000 T/Deposit 28/11/2014 30/11/2015 3.61%IMB A-2 2,000,000 2,000,000 T/Deposit 17/12/2014 17/12/2015 3.20%NAB A-1+ 1,030,000 1,030,000 T/Deposit 17/12/2014 17/12/2015 3.60%Bank of Queensland A-2 2,000,000 2,000,000 T/Deposit 26/03/2015 4/01/2016 3.00%Members Equity Bank A-2 3,000,000 3,000,000 T/Deposit 18/02/2015 18/01/2016 3.20%Commonwealth Bank A-1 5,000,000 5,000,000 T/Deposit 27/02/2015 27/01/2016 3.08%Bank of Queensland A-2 2,000,000 2,000,000 T/Deposit 27/02/2014 26/02/2016 4.05%NAB A-1+ 4,000,000 4,000,000 T/Deposit 27/02/2014 29/02/2016 4.13%Members Equity Bank A-2 2,000,000 2,000,000 T/Deposit 18/02/2015 18/03/2016 3.20%Commonwealth Bank A-1 3,000,000 3,000,000 T/Deposit 26/03/2015 24/03/2016 2.95%Westpac A-1+ 1,000,000 1,014,140 FRN 30/01/2012 9/05/2016 3.90%NAB A-1+ 2,500,000 2,500,000 T/Deposit 6/08/2014 8/08/2016 3.74%Commonwealth Bank A-1 2,000,000 2,000,000 T/Deposit 27/02/2015 22/08/2016 3.05%Members Equity Bank A-2 2,500,000 2,500,000 T/Deposit 27/02/2015 22/08/2016 2.90%Commonwealth Bank Australia zero coupon bond with a $4M face value A-1+ 2,000,000 3,539,600 BOND 21/01/2008 22/01/2018 7.17%EMERALD A Mortgage Backed Security * AAA 755,204 594,670 M/Bac 17/07/2006 22/08/2022 3.18%EMERALD B Mortgage Backed Security * AA 2,000,000 1,325,380 M/Bac 17/07/2006 23/08/2027 3.48%

Investment Body Rating Purchase Price $ Fair Value of Holding $ Purchase DateMonthly Return (Actual)

Annualised % p.a. FYTD (Actual)

Tcorp Long Term Growth Facility Trust N/A 1,131,841 1,733,096 13/06/2007 3.95% 51.44% 20.99%

Investment Body Face Value SecuritySouthern Phone Company 2 shares

TOTAL 144,836,110$

Brian Jenkins

RESPONSIBLE ACCOUNTING OFFICER

MANAGED FUNDS

* The maturity date provided is the weighted-average life of the security. This is the average amount of time that will elapse from the date of security's issuance until each dollar is repaid based on an actuarial assessment. Assessments are carried out on a regular basis which can potentially extend the life of the investment. Current assessments anticipate an extension of life of the investment.

This is to certify that all of the above investments have been placed in accordance with the Act, the regulations and Council's Investment Policies.

WOLLONGONG CITY COUNCILSTATEMENT OF INVESTMENTS

27 March 2015

DIRECT INVESTMENTS

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