Shire Infrastructure Committee Meeting · 2016. 12. 5. · 1. Governance Manager Original Version...

Business Paper

Shire Infrastructure Committee Meeting

Monday, 5 December 2016 Commencing at the conclusion of the Corporate Governance

Committee and Shire Services Committee Meetings

Committee Rooms 203 and 204, Level 2, Administration Building

4-20 Eton Street, Sutherland

Shire Infrastructure Committee 5 December 2016

ORDER OF BUSINESS

1. ACKNOWLEDGEMENT OF COUNTRY 2. APOLOGIES 3. DISCLOSURES OF INTEREST 4. CONFIRMATION OF MINUTES OF THE PREVIOUS MEETING 5. PRESENTATIONS 6. REPORTS FROM OFFICERS

INF006-17 Surf Life Saving Clubs Working Party - Adoption of Charter

INF007-17 Proposed Transfer of Management of Hungry Point Crown Reserve to Council

INF008-17 Woolooware Bay Shared Pathway Stage 6 – Current Status

INF009-17 Proposal to Rename Green Hills Parklands to Marang Parklands

7. QUESTIONS 8. CONSIDERATION OF BUSINESS IN CLOSED SESSION

9. CONFIDENTIAL REPORTS FROM OFFICERS INF004A-17 Tender for Public Amenities Cleaning and Hygiene Services

INF005A-17 Tender for Bushland Regeneration & Weed Control

INF006A-17 T649/16 Como Pool Path Stage 2 - Detail Design and Construction

INF007A-17 T650/16 Joseph Banks Native Plants Reserve Stages 2 & 3 - Picnic Area

and Pond

INF008A-17 T667/16 Design and Construction of the Woolooware Bay Shared Pathway,

Stage 6

INF009A-17 T669/16 Sylvania Shopping Centre Upgrade

INF010A-17 T670/16 Design and Install a Water Filtration System for The Ridge Golf

Course


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INF006-17 SURF LIFE SAVING CLUBS WORKING PARTY - ADOPTION OF

CHARTER

Attachments: Appendix A

EXECUTIVE SUMMARY

This report seeks the adoption of a charter for the Surf Life Saving Clubs Working Party which

will serve to oversee the strategic direction from Council of new surf club developments within

Bate Bay to encourage financial self reliance.

The surf life saving clubs and Council have a special relationship formed over many years and

the clubs occupy prime open space on the ocean front.

An important objective for the working party will be to resolve a new way forward on leasing as

principal lease terms are due to expire in a few years time.

REPORT RECOMMENDATION

That the Surf Life Saving Clubs Working Party Charter attached as Appendix A, be adopted.


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PURPOSE

The purpose of the report is to seek the adoption of the Surf Life Saving Clubs Working Party Charter

which is attached as Appendix A.

BACKGROUND

Mayoral Minute No. 13/15-16 resolved that the Cronulla Surf Life Saving Club Working Party and the

North Cronulla Surf Life Saving Club Working Party be amalgamated to form the Surf Life Saving

Clubs Working Party.

The objectives and purpose of this committee are as follows:

To provide strategic direction from Council for new surf club developments within Bate Bay.

Review Plans of Management for the four surf clubs.

To discuss and review refurbishment options of Bate Bay surf clubs, as and when they arise.

To discuss and reach mutual agreement on long term funding models that give rise to self

sustained surf clubs, able to fulfil key social outcomes and promote water safety.

To discuss commercial initiatives Bate Bay surf clubs may have, the value and the return to the

wider community.

DISCUSSION

Council is at an important cross road with the four surf clubs. The majority of the clubs are now

substantially stronger in financial terms than they were in 2000 due to council's support for new

revenue raising development for the clubs.

Matters to be discussed as part of the working party will include determining limits on further

development where open space is being lost. The terms of new 30 year leases will be the most

enduring legacy of this working party. Careful consideration and balance of club benefit versus

community subsidy will be at the core of the lease term negotiations.

Representatives from the respective Bate Bay surf clubs will be invited to the Working Party meeting

when required.

BUDGET AND RESOURCES

The Committee will be resourced through existing budgets in the Asset Management Group and the

Governance and Customer Service Unit.

POLICY

There is no policy in relation to this matter.

CONCLUSION

The new charter for the Surf Life Saving Clubs Working Party will give guidance to the working party in

its important work to promote self-sufficient surf clubs in the Shire.


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RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager Governance and Customer

Service, Todd Hopwood, who can be contacted on 9710 0817.

File Number: 2015/225102

Surf Life Saving Clubs Working Party CHARTER

November 2016

Prepared by:

Corporate Governance Unit


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Surf Life Saving Clubs Working Party - Charter 2

DOCUMENT REVIEW AND APPROVAL

This document has been approved by:

Approved by Minute No. Date Approved

1. Shire Infrastructure Committee

2.

3.

Revision history:

Version Author Date Revision

1. Governance Manager

Original Version

2. Corporate Governance Manager

Note: This charter is an amalgamation of previously adopted charters for Cronulla SLSC (WKS143-15, 20/4/15, Min No. 751) and North Cronulla SLSC (WKS144-15, 20/4/15, Min No. 752)


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Surf Life Saving Clubs Working Party - Charter 3

1. CHAIRPERSON Councillor (as appointed by Council)

2. DEPUTY CHAIRPERSON Councillor (as appointed by Council)

3. COUNCILLORS Other interested Councillors (as appointed by Council)

4. STAFF ATTENDING

• The General Manager or representative

• Director Shire Infrastructure

• Group Manager Asset Management

• Manager, Public Safety and Lifeguards

• Other staff, as determined by the General Manager, will attend when required.

5. QUORUM Two (2) Councillors.

6. REPORTS TO The Surf Life Saving Clubs Working Party shall report to Council’s Shire Infrastructure

Committee.

7. MEETING TIME Times when determined by the General Manager in consultation with the Committee

Chairperson.

8. VENUE Council Committee Rooms.

9. OBJECTIVES

• To provide strategic direction from Council for new surf club developments within Bate

Bay.

• Review Plans of Management for the four surf clubs.

• To discuss and review refurbishment options of Bate Bay surf clubs, as and when they

arise.

• To discuss and reach mutual agreement on long term funding models that give rise to

self-sustained surf clubs, able to fulfil key social outcomes and promote water safety.

• To discuss commercial initiatives Bate Bay surf clubs may have, the value and the return

to the wider community.

10. TERM OF THE COMMITTEE This Working Party will be dissolved upon completion of the objectives listed above.


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INF007-17 PROPOSED TRANSFER OF MANAGEMENT OF HUNGRY POINT

CROWN RESERVE TO COUNCIL

Attachments: Appendix A and Appendix B

EXECUTIVE SUMMARY

Hungry Point is located at the southern most tip of the Cronulla peninsula.

Council has been asked to consider a proposal by the Hungry Point Reserve Trust to transfer

management of Hungry Point Crown Reserve to Council.

This report sets out the various issues arising should Council assume management of the

Hungry Point Reserve.


That Council write to the Hungry Point Trust:

a. Advising that Council does not believe that it is in Council’s interest to assume ownership

and/or control and management of the site; and

b. Encourage the Trust to write to the Minister seeking a substantial increase in funding to

achieve the strategic aims of the Conservation Management Plan and Masterplan prepared on

behalf of the Trust.


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PURPOSE

The purpose of this report is to investigate the value in Council assuming management control for the

Hungry Point site having regard to the size of the financial commitment which would pass to Council if

the business case is supported.

BACKGROUND

Hungry Point is located at the southern-most tip of the Cronulla Peninsula. On 18 July 2016, the

Hungry Point Reserve Trust proposed via letter to Council that Council assume management

responsibility for the Hungry Point Reserve site.

DISCUSSION

Council does not have any established strategic plan for incorporation of the Hungry Point Reserve

into its open space portfolio of assets. It would be prudent for Council to first develop a community

endorsed strategy with clear objectives to provide a suitable decision making framework with respect

to acquisition of the site.

A consideration of the various management models that could be adopted by Council under applicable

legislation is set out in Appendix A - Business Case. These are:

1. Direct management by Council under Trust appointment.

2. Community Trust Board (Council Representation).

3. Transfer of Land to Council.

Appendix A sets out in detail these management options.

If the reserve were to be retained in either Crown or Council ownership the community uses benefits

would remain and sale or commercialisation of the site would not be a risk.

BUDGET AND RESOURCES

Preliminary annual operational costs for the site have been estimated at $450,000 per annum.

Potential funding sources are:

1. Existing tenants - There are three existing tenants on site from which the Trust derives revenue,

with a fourth tenancy being proposed. In total the Trust receives approximately $230,000 per

annum.

2. General Revenue.

3. Section 94 Funds.

4. Commercial Activities.

5. NSW Government grants.


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A significant capital investment likely to be in excess of $10m is also required for the site to address

demolition, building renewals and precinct enhancements to enable ongoing operations and facilitate

public amenity.

If Council resolves to accept responsibility for the site it is expected that total projected expenditure

(average capital and recurrent expenditure) would total approximately $810,000 per annum. The

$810,000 cost would need to be funded from General Revenue (mostly rates) and would represent

0.71% of the total $113m 2016/17 rate levy by Council.

A better indicator would be to compare the estimated expenditure versus commercial rate revenue

received from the Cronulla Commercial Centre. This new cost at Hungry Point would consume 64%

of Cronulla Commercial Centre rates. It is reasonable question to pose whether Shire ratepayers

should bear this entire burden without NSW Government assistance.

Appendix A sets out in detail these funding sources.

POLICY

There is no specific policy dealing with a proposal of this kind.

CONCLUSION

The Trust Board does not have the financial capacity to transform the Hungry Point Reserve site into a

widely-used public facility. The estimated cost of maintaining the site will be a significant ongoing

financial responsibility along with a substantial upfront capital investment to achieve the outcomes set

out by the Trust. While the reserve is clearly an excellent community asset, Council needs to carefully

consider how such an asset fits within its overall open space strategy.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Group Manager Asset Management,

Phillip Mansfield, who can be contacted on 9710 0104.


Proposed Transfer of Management of Hungry Point Crown Reserve to Council ISSUES PAPER November 2016

Prepared by Phillip Mansfield, Group Manager Asset Management Tel: 9710-0104


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1. Purpose of the Issues Paper ............................................................................ 1

2. Background ........................................................................................................ 1

3. Proposal ............................................................................................................. 2

4. Strategic Direction ............................................................................................. 2

5. Service Options ................................................................................................. 2

5.1. Direct Management by Council under Trust Appointment ...................... 2

5.2. Community Trust Board (Council Representation) .................................. 3

5.3. Transfer of Land to Council ....................................................................... 4

6. Financial Commitment Estimates (Capital) ..................................................... 4

7. Financial Commitment Estimates (Recurrent Expenditure) ........................... 5

8. Sources of Funding ........................................................................................... 6

8.1. Existing Funding ......................................................................................... 6

8.2. Potential Funding Sources – General Revenue ........................................ 6

8.3. Potential Funding Sources – Section 94 Funds ....................................... 7

8.4. Potential Funding Sources – Commercial Activities ............................... 7

8.5. Potential Funding Sources – NSW Government ...................................... 8

9. Risk Management Considerations ................................................................... 8

9.1. Echelon report ............................................................................................. 8

10. Reserve Options under Council Management ............................................. 9

11. Community Benefits ..................................................................................... 11

11.1. Pedestrian linkage from Darook Park to The Esplanade .................... 11

11.2. New open spaces for outdoor recreation and social gatherings ....... 11

11.3. New spaces for social gatherings and education ............................... 11

11.4. Recognition of Aboriginal cultural importance ................................... 11

11.5. Recognition of European and Cultural Heritage ................................. 11

11.6. Access to views ..................................................................................... 12

11.7. Active and healthy lifestyles ................................................................. 12

12. Determining Value for the Community ....................................................... 12

13. Options .......................................................................................................... 13

14. Recommendations ....................................................................................... 13


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1. Purpose of the Issues Paper The purpose of the issues paper is to investigate the value in Council assuming ongoing management control for the Hungry Point Reserve site. Well it is well recognised as an outstanding community open space asset it would come with a significant financial commitment which would pass to Council.

2. Background

The background to this site is comprehensively documented in the document “Hungry Point Reserve 2016 Draft Strategic Masterplan”. Hungry Point is located at the southernmost tip of the Cronulla Peninsula. The Peninsula forms the northern head to Port Hacking and includes numerous aboriginal sites. Beyond the site to the north lies Cronulla residential subdivisions and Darook Park. Salmon Haul Reserve is north east of the site. The site comprises 3 hectares and 3 allotments. There are currently 22 buildings on the site dating from 1902-2010. The site is secured by 2m high fencing and includes substantial areas of carparking. The lower western side of the site (Hatchery precinct) is accessed by a steep driveway. A footpath extension of the Esplanade continues part way along the north eastern shore within the allotment. The earliest description of the area from a European perspective was given by explorer Matthew Flinders, who in April 1814 spent time navigating the shores of Port Hacking. The area would have provided rich marine resources for the inhabitants, in terms of both food resources and shelter. Shellfish and fish such as Sydney Rock Whelk and Sydney Rock Oyster were integral to the diet of coastal tribes, as were snapper and bream. Both men and women spent considerable time fishing. The diet of Dharawal people could have also included rhizomes of the Bracken Fern, seeds of the wattle, fruit of the Gee bung, and terminals and buds of the Cabbage Palm. Radiocarbon dating indicates that Aborigines were using areas of the Royal National Park at least 7500 years ago. Midden deposits are present along the entire foreshore of Hungry Point Reserve with minor concentrations associated with rock shelters and extensive midden deposits visible beneath building foundations on the site. The site has also retain significant European heritage which has also been documented in the Conservation Management Plan.


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3. Proposal

This issues paper relates to a proposal suggested by the Hungry Point Reserve Trust via letter dated 18 July 2016 for Sutherland Shire Council to assume management responsibility for the Hungry Point Reserve situated at the southern end of the Cronulla peninsula. The land is State-owned Crown land, formerly a NSW fisheries site, and since 2013 has been managed by a community trust board under the provisions of the Crown Lands Act 1989. Under the Crown Lands Act 1989 the current site is reserved for pisciculture, community and government purposes via NSW government gazette on 28 March 2013.The reserve trust board membership was appointed on the same date. In order for Council to assume responsibility the Minister for Lands would need to authorise the appointment.

4. Strategic Direction

While Council recognises the intrinsic value of the site as an important public open space asset that the community would benefit from, it this stage it has not developed any strategy for acquisition of the site.

5. Service Options In order to assist Council in making a decision on the future management of the site it is necessary to consider the various management models which could be considered under applicable legislation. Council’s primary motivation for assuming management or title would be to improve the public open space experience which terminates either side of this site at Salmon Haul Bay and Darook Park. The Crown land use at these two neighbouring sites is public recreation and it is a common reserve trust purpose. Under ongoing Crown ownership it is unlikely the use of the site would change significantly, it would not be sold or substantially commercialised. This means the potential community benefits that could be realised from the site remain regardless of Crown or Council ownership. One of the matters arising from this issues paper is a number of questions to be put to the Minister regarding future management of the site and confirmation of public recreation usage terms would be one. 5.1. Direct Management by Council under Trust Appointment


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The proposal put forward from the Trust would be for Sutherland Shire Council to assume management responsibility for the land and improvements on the site with a view to providing public access for recreation as well as continuing existing tenancies on the site. The vision for the site is outlined in the draft master plan (Appendix 2) and involves a mixture of new improvements and demolition of some buildings not considered significant.

The site contains many historical and culturally significant sites for both European and indigenous people. These are protected under State law and provide a number of management restrictions for the site which would not normally apply to a public reserve. The high cultural significance of the site to local indigenous representative organisations is recognised by representation on the current reserve trust board. It is Council’s understanding that site management would be transferred to Council, most probably under the provisions of the new Crown Lands Management Bill 2016 once it is brought into operation. It could also be done under the existing Crown Lands Act 1989 by revoking the existing Board and appointing Council in lieu as the reserve trust manager Direct management by Council would see Council being solely responsible for the maintenance and repair of grounds and improvements on the site. Council could implement the draft Masterplan for the site if it had sole responsibility for the site but it would come with the responsibility to fund operational and capital works. It is likely that any decision by the Minister to transfer responsibility for the site to Council would require Council to prepare a Plan of Management for the site. This plan requires Minister’s consent and cannot be substantially amended without further Minister’s consent. For this reason Council has not generally prepared plans of management over Crown reserves. Council cannot resign as Crown Land Manager without consent of the Minister for Lands. Conclusion: This option is high in influence to set direction for the site but also high in cost to Council. A number of key costs for the site are not resolved.

5.2. Community Trust Board (Council Representation)

The Community Trust Board of Management is the current management model and allows Council to participate in decision making without financial liability. It is clear the current Trust does not have the financial means to maintain the site to the level the grounds and improvements require. The lack of financial resources could well be detrimental to the ongoing maintenance of heritage items on the site,


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Council could financially assist the existing Trust however it would be fair to question whether this would be appropriate without decision making influence over the site. It is clear that apart from financial liabilities on the site it would be difficult to expand quality community access over the site with the existing revenue base the Trust possesses. Conclusion: This option is low in influence to set direction but also low in cost to Council. The status quo would remain and public access likely to be limited to the current financial capacity of the existing Board.

5.3. Transfer of Land to Council

Under the new Crown Lands Management Legislation it is possible for the State to transfer Crown land to an organisation such as Council if certain criteria are met (s.4.6). Such land would upon transfer be classified as community land under the Local Government Act 1993 (s.4.8) and this in turn would require a Plan of Management under the Local Government Act 1993. Council is able to amend Plans of Management for community land via the legislative process set out in the Local Government Act 1993 (see s.36). Community land under the Local Government Act 1993 cannot be sold and can be only leased in limited circumstances in accordance with s.46 of the Local Government Act 1993. At this time Council is not aware of any State Aboriginal land claim which would preclude a transfer of land with Aboriginal Land Council consent. (4.6(c)) CLMA 2016. It is considered the State significance of the land will probably rule out the site from being transferred to Council but this option could be formally tested if a decision is made to assume responsibility. Conclusion: This option would not involve extra expenditure compared to direct management however it would give Council greater security of tenure for funds invested in the site.

6. Financial Commitment Estimates (Capital)

The financial challenges faced by the current Trust Board would be assumed by Council if it resolved to assume management or accept transfer of the land.


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Appendix 2 shows the large number of buildings on the site including State heritage-listed buildings. Management of heritage buildings is always expensive and requires far more planning and consultancy work than buildings that are not listed. At this stage Council does not have a detailed condition report for all buildings upon which to calculate accurate asset renewal costs. The draft Masterplan indicates ten buildings could be demolished and this would reduce the ongoing asset renewal costs for the site. Transfer of land should only be contemplated after Crown has demolished all buildings identified for removal under the Conservation Management Plan/Master Plan and the site rehabilitated. Counterbalancing the saving in demolished buildings would be the legal obligation to maintain State heritage listed buildings in accordance with the draft conservation management plan once it is approved by the NSW Office of Environment & Heritage (currently under consideration). Based on available information $360,000 has been calculated as average annualised capital renewal costs. The types of works included in this estimate would be component and structural elements of buildings as they reach end of useful life.

These costs would need to be revisited as more data on condition is made available. The level of service expected by the community for use of the site will also impact capital renewal costs. The following qualifications on costs have been provided:

The Asbestos Management Plan has not been reviewed The Conservation Management Plan has not been costed There is no final decision on which buildings should be retained. The extent of additional costs for undertaking work on such a sensitive

site is not well understood. Risk position is still unresolved.

Apart from capital renewal costs, there are a number of new capital works suggested in the draft Masterplan. There is no demonstrated financial capacity within the existing Trust to fund major capital works. Stage one works are costed in the order of $2.3m and while the remaining stages 2 to 5 have yet to be developed and costed these are collectively expected to be well in excess of $10m depending on final deliverables. Of the works identified in the Masterplan it is anticipated that the greatest community benefit will be the construction of a shared pathway along the southern cliff line to link existing open spaces on the eastern and western boundaries of the site.

7. Financial Commitment Estimates (Recurrent Expenditure)


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The site at 3.3 ha, although not significant in size compared to the total size of Council’s existing open space portfolio, nonetheless presents a recurrent operational liability if opened to the public as a regional open space resource. Preliminary annual recurrent operational costs for the site have been estimated at $450,000 per annum. These costs include:

Grounds maintenance Cleaning Waste management Planned maintenance on fire systems and air conditioning Electricity and water consumption

Under Council’s park maintenance service level model it is expected that Hungry Point would be treated as a CX1 site being a similar level facility to either Cronulla Park or Gunnamatta Park. The operational costs estimate could be reduced if a lower service level was adopted however this would need to be tested with the community. It is expected that reactive building maintenance will also be required at the site until a structured asset management plan is put into place.

8. Sources of Funding

8.1. Existing Funding

Currently the Trust relies on recurrent revenue generated from the three existing tenants on the site, being:

Marine Rescue

Marine Stewardship Council

Sutherland Historical Society

A fourth tenancy to the State Emergency Services is also proposed. In total, the Trust receives approximately $230,000 per annum. It is not clear whether this is a gross or net revenue figure and the leases will need to be reviewed to resolve this.

8.2. Potential Funding Sources – General Revenue

If Council resolves to accept responsibility for the site it is expected that total projected expenditure (average capital and recurrent expenditure) would total approximately $810,000 per annum. The $810,000 cost would need to be funded from General Revenue (mostly rates) and would represent 0.71% of the total $113m 2016/17 rate


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levy by Council. A better indicator would be to compare the estimated expenditure versus commercial rate revenue received from the Cronulla Commercial Centre. This new cost at Hungry Point would consume 64% of Cronulla Commercial Centre rates. It is reasonable question to pose whether Shire ratepayers should bear this entire burden without NSW Government assistance.

8.3. Potential Funding Sources – Section 94 Funds Section 94 is a source of funds derived from development contributions as required under the Environmental Planning & Assessment Act 1979. Section 94 funds are limited to projects of regional significance or in growth centres and generally funded to accommodate increased demand from greater population density. Section 94 funds cannot be used for asset maintenance. It is considered that some new capital works on the site could be partially or fully funded from section 94 funds where the regional benefit is demonstrated. A issues paper would be required for significant new works Any allocation of funding under section 94 funds would have to be approved by Council and included in the work schedule of the Plan.

8.4. Potential Funding Sources – Commercial Activities Hungry Point is a unique location which is well suited to a number of commercial activities however these would need to be balanced with heritage and adjoining resident concerns. It is suggested that the site’s location justifies further investigation for a commercial eatery. Whether the scale of this facility is a café or a function room/restaurant will depend on the need to maximize revenue raising options on the site. If NSW Government provides some financial support as part of the transfer of responsibility then in the short to medium term the need for significant commercial ventures would be diminished. Possible sites for commercial eateries would include refurbishing Building 16 and/or adapting the waterfront Buildings 10 and 23 (the aquaria). Any commercial capital opportunity would require a separate detailed issues paper.


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8.5. Potential Funding Sources – NSW Government If Council is willing to assume management responsibility for Hungry Point it will relieve the NSW Government of a significant service and asset liability. On that basis should the NSW Government make a contribution to Council as part of the handover of responsibility? The provision of a one-off grant by the NSW Government to address the asset renewal liabilities of the site would reduce the burden on Shire ratepayers. In relation to determining a quantum of dollars to be sought, it is considered a significant grant of $10 million (or ten years of asset renewals and planned maintenance) should be of a size to encourage Council to assume management responsibility more early. Without this grant, greater efforts would be directed to create commercial revenue-generating activities. Council would be willing to acquit this grant on an annual basis and manage the site under a Plan of Management.

9. Risk Management Considerations It is expected that for a site of this size and complexity, there will be a number of risks which will require control measures to achieve acceptable conditions. It is recognized that the Trust has commissioned a risk assessment for the Hungry Point site and an interim report has been produced for the Board’s consideration. 9.1. Echelon report

The risk assessment report by Echelon focuses on:

Existing on-site conditions

Proposed early works by Council

A number of risk management issues have been considered:

a) Vehicle movement within site b) Use of site for picnic areas c) Temporary fencing d) Individual building assessments e) Tree and vegetation management f) Internal driveways and walkways g) Disabled access


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h) Carparking i) Managing increased visitor numbers

Council in its early work package has identified treatment options to minimize pedestrian / vehicle conflict at the entry gate. Due to the heritage restrictions on ground excavation all temporary signage and fencing will need to placed on the ground rather than in it. More detailed risk assessment investigation will need to be undertaken for lighting and electrical installations, fire safety equipment and public access to rock platforms. Prior to making any final decision on management responsibility for the site, Council will need to be advised of the cost and timeline for the risk treatment plan. If this site is opened to the community as part of an early works package, the expected increase in visitor numbers will require the risk treatment plan to be actioned. Having regard to the topography of the site limiting access to the steep areas of the site by use of temporary fencing is seen as a low cost means to prevent access to areas which have not been treated for risk. If Council was to assume responsibility for the site it would to commit and stay committed to a service level of maintenance commensurate with level of visitation and the type of risks identified on the site. With regard to new works on the site, risk will be an important consideration in the design and location of new infrastructure.

10. Reserve Options under Council Management

Generally speaking, the services delivered from Hungry Point Reserve should align with the draft Strategic Masterplan which in itself draws on the 2012 Harley Report (“Cronulla Fisheries site Recommendations for Future Use”). Under the Harley Report, a number of recommendations were made which relate to future service delivery at the site:

No large scale commercial or hotel development Continuing the walkway from Bass and Flinders Point to Darook Park Marine Rescue groups to occupy site Educational/culture centres Kiosk/restaurant for the site


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Hungry Point Reserve has the potential to be used for a broad range of activities including both the buildings and the open space areas. The first priority for Council is to assist the Trust to make the open area at the northern end of the site open to the community at the earliest possible opportunity. Appendix 3 outlines the stages of work to achieve this. This early opening to the community is supported by a range of activities, “early works package”, to facilitate safe access by visitors to the site. An important part of the early works package is one-way movement of vehicles through the northern carpark. There is no proposal at this time to provide public toilets as part of the early works package of works. Early Works Stage 1A will enable the community to access the open grass area overlooking Salmon Haul Bay and allow for parking. Stage 1B will involve demolition of the cottage and associated garage which due to necessary approvals cannot be undertaken at the same time as Stage 1A. The use of perimeter temporary fencing will exclude the community from accessing the operational (building cluster) area of the site. Looking beyond the early works package the more important consideration is what range and level of recreational services should be provided on the site. The Masterplan is a description of the possible infrastructure solution from the site but does not address the service level question in detail. If Council was to assume responsibility for the site, it is considered a Plan of Management incorporating service delivery considerations as well as Asset Management requirements would need to be prepared as a priority. Without the benefit of the Plan of Management, future recreation service options on the site could include:

Picnic area (grassed area) Public toilets (accessible location): Weddings and spaces to hire Community hire of facilities Café facility Walking opportunities along the cliff line and other locations to link the

adjacent open space areas Re-use of building 10 or 11 for a cultural/arts purpose Adaptive re-use of aquaria pool Bushland regeneration Heritage item management Interpretative and way-finding signage

Council would also need to maintain operational tenants on the site and this would involve confirming lease arrangements, which would involve:

Property management


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Planned building maintenance Planned wharf maintenance

11. Community Benefits

Hungry Point is an important landmark on the Cronulla Peninsula and has rich environmental, Aboriginal and European heritage. It offers a number of recreational and educational opportunities through the provision of new public open spaces, re-invented facilities and a key walking link between Darook Park and The Esplanade. The proposal provides significant opportunity to implement a number of primary strategies listed in the Council's Community Strategic Plan, including strengthening the community, respect and value for heritage and culture, and protecting the environment. A description of the benefits of the Hungry Point proposal is given below. 11.1. Pedestrian linkage from Darook Park to The Esplanade

There is no pedestrian access through Hungry Point which means The Esplanade stops at Bass & Flinders Point. The proposal is to provide a coastal pedestrian link through Hungry Point that continues The Esplanade through to Darook Park.

11.2. New open spaces for outdoor recreation and social gatherings The proposal will provide new open spaces which will provide improved opportunities for outdoor recreation and social gathering.

11.3. New spaces for social gatherings and education

There is an opportunity for a small café, educational centre or exhibition space to enhance the functionality of the site and reflect its heritage significance which will help increase the viability of proposal.

11.4. Recognition of Aboriginal cultural importance

Hungry Point contains 3 Aboriginal middens. Hungry Point would have provided rich marine resources for Aboriginal people prior to European settlement. The study area contains Aboriginal heritage including midden deposits along the foreshore and three rock shelters which represents direct and visible evidence of Aboriginal occupation of a specific area over time. There is opportunity to interpret the Aboriginal heritage of the site for the benefit of Aboriginal people and the community.

11.5. Recognition of European and Cultural Heritage

Hungry Point includes four State heritage-listed buildings. The site provides evidence of the first marine fisheries research establishment in Australia and the first attempts at scientific enquiry into the protection of marine life. It also provides evidence of culturally significant activities


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relating to coastal defence in the Sydney greater region as well the post-war migration program. There is opportunity to interpret the European and cultural heritage of the site for the benefit of the community.

11.6. Access to views

The cliff top walk proposed through Hungry Point will provide significant views across Port Hacking River to the Royal National Park.

11.7. Active and healthy lifestyles

Overall the benefits of the Hungry Point proposal outlined above increase the opportunity for active and healthy lifestyles which is a guiding strategic objective for Council.

12. Determining Value for the Community

The key proposition in this issues paper is to determine whether there is value in Council assuming management responsibility for Hungry Point Reserve.

In order for this issues paper to proceed, the community must determine via the elected Council that the benefits of management of the site outweigh the related costs.

In order for the community to make informed comments on the proposal they must be in possession of the following details:

Council’s vision for the site The range of services to be provided The level of services to be provided The costs (capital and recurrent) to deliver the services The risks associated with the site and service delivery Reverse projections

The balancing of benefits (both financial and non-financial) against costs (capital and operational expenditure) results in a conclusion of positive or negative value.

The appreciation of value will be informed by the size of any grant provided by the NSW Government as part of the management transfer.

Any shortfall between expenditure and revenue will be met by Council so the community’s willingness to pay for the management of the site is an indicator of value.

It is proposed that the draft issues paper be placed on community consultation to gauge community value on the proposition.


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13. Options

There are really only two available options to be considered:

1) Status Quo – Trust Board to remain2) Council Management – via manager appointment or transfer

It is clear from the material covered in this document that the Trust Board does not have the financial capacity to transform the site into a widely-used public facility. The Trust Board by its own letter of 18 July 2016 suggests that Council is better placed to deliver on the recommendations of the Harley Report and the draft Masterplan.

The second option is for Council to assume management responsibility including financial liability for ongoing maintenance on the site. There are a number of reasons to support this option:

Park management is a core service of Council. Council has adequate resources and skills to manage the site. Council is the natural manager of the site, having regard to the open

space areas to the east and west. Council does have the means to increase its revenue via various

means including rates to cover new financial liabilities.

The estimated cost of maintaining the site is a significant obstacle to Council assuming responsibility and this cost must be made clear in community consultation.

14. Recommendations

Having considered the two options, it is clear that Council should not undertake to accept management responsibility for the site without first establishing the strategic priority and seeking adequate payment from the NSW Government to cover estimated asset renewal costs for the medium term.


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Appendix A


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Appendix B


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Appendix C


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INF008-17 WOOLOOWARE BAY SHARED PATHWAY STAGE 6 – CURRENT STATUS


EXECUTIVE SUMMARY

• This report updates the new Council on the project justification and progress of Stage 6 of the

Woolooware Bay Shared Pathway which represents the last stage and the missing link in the

cycle network from Kurnell to Captain Cook Bridge and beyond.

• This report also addresses issues concerning the rezoning of the lands at 1A Atkinson Road,

Taren Point to facilitate construction of the pathway.

• An alternate pathway design and location has now been identified that removes the need to

acquire 1A Atkinson Road, Taren Point.

• Council has invited public tenders for the design and construction of the Woolooware Bay

shared pathway, Stage 6 and a report in relation to acceptance of the Tender will be considered

by the Confidential Shire Infrastructure Committee at its meeting to be held on 5 December,

2016.


That representations be made to the Minister for Roads to extend the Roads and Maritime Services

Active Transport Grant acquittal deadline.


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PURPOSE The report details the history and value of the Woolooware Bay Shared Pathway and identifies

required action to facilitate the final stage of the project.

BACKGROUND Stage 6 of the Woolooware Bay Shared Pathway (WBSP) is the last stage of the project and

represents a missing link in the cycle network from Kurnell to Captain Cook Bridge and beyond.

This is a regionally significant project recognised as such by Roads and Maritime Services (RMS) in

providing $1.8 million in grant funds.

The resolution of this project scope and the related acquisition has been going on for more than ten

years and has encountered many major obstacles to reach the current point of progress.

DISCUSSION This is one of the most difficult project sites that Council has encountered. It involves contaminated

land, heritage building, protected bird species, land tenure issues between private owners and the

RMS and infrastructure to be built over water.

To progress the matter Council needs to resolve the following:

1. Land tenure for construction of the shared pathway from RMS.

2. Satisfactory protection for birds currently roosting on the local heritage-listed wharf structure.

3. Confirmation that remediation work undertaken by RMS is fit for purpose for the land based

component of the shared pathway.

Commencing in 2003, Sutherland Shire Council has been gradually transforming the foreshore of

Woolooware Bay from a degraded industrial land site into first class foreshore reserve for public

recreation purposes. In particular this transformation involves the establishment of a shared

pedestrian walkway and cycleway while at the same time restoring the foreshore along the route back

to its natural state. To this point, the vast majority of this facility has been jointly funded by Council and

the State Government (Roads and Maritime Services Active Transport Grant Funding).

The subject cycleway is part of the Botany Bay Trail which forms part of the larger Sydney

Metropolitan Regional Trails Framework that once complete, will allow a largely uninterrupted high

quality continuous foreshore trail from La Perouse, north of Botany Bay to Kurnell in the South.

Additionally, the trail also provides a recreational network link from Kurnell to Homebush Bay.


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Stages 1 to 5 of the Woolooware Bay Cycleway are complete. Stage 6 of the project is located

between Atkinson Road, Taren Point and the Council owned land located at 2R Alexander Avenue,

Taren Point on which the St George and Sutherland Shire Anglers Club is located. While Stage 6 is

the most scenic part of the route, it has also been the most problematic due to land tenure,

contamination issues, items of heritage significance and the affected land being occupied by

financially viable local business.

Through a series of strategically placed boardwalks, Council will be able to avoid impacting on

business operations and will subsequently be in a position to rezone the lands not required for

recreation purposes back to a suitable alternative zone. The plan shown as Appendix A to this report

is the current proposed position for the cycleway. This design is considered to be the most cost-

effective option for Council to complete this project.

It should be noted that the construction of this facility will result in an off-road pathway that will provide

a direct, safe and scenic alternative for cyclists and pedestrians that is completely separated from

vehicles. The current route for pedestrians and cyclists is unattractive and winds through the centre of

an industrial area with high traffic volumes and heavy vehicle movements.

The current position on the project is as follows:

• This project will be constructed under the Infrastructure SEPP and not subject to a Development

Application.

• A Review of Environmental Factors has been undertaken by external consultants.

• Terms and conditions of long term and temporary (construction period) licensing agreements

close to being finalised by Council with RMS and adjoining land owners/leaseholders.

• Council is negotiating terms with the current and future owners of 31 Bay Road to utilise a

section of this property as a works compound/depot during the construction phase of

Woolooware Bay Stage 6.

Pre-DA discussions between Council and the future owners of the northern allotment of 31 Bay Road

are imminent. It is Councils intention to negotiate the provision of a permanent route for the WBSP

that will straddle the northern boundary of 31 Bay Road and southern boundary of 2R Alexander

Avenue, Taren Point. This will replace the proposed temporary route through the centre of the St

George and Sutherland Shire Anglers Club site. It is anticipated that this proposal can be negotiated

through the DA process.

Following concerns about the current proposal, Councillor Croucher and Council staff met with the St

George and Sutherland Shire Anglers Club on site. The Club is concerned about the temporary path

through the site and the proposal to allow pedestrians and cyclists to share the entry over the drainage

channel with vehicles. It is proposed to investigate the provision of a small bailey bridge across the

corner of the channel that could possibly be reused as part of the longer term proposal to connect to

31 Bay Road as described above.


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Subject to award of contract via tender, construction of WBSP is due to commence in January /

February 2017 and completed by August 2017.

Removal of the asbestos roof on the heritage oyster wharf fronting 1A Atkinson Road has been

undertaken. Replacement of the roof is due for completion by end November 2016.

The provision of the sand island has been removed from the current tender due to excessive

construction costs. In accordance with the recommendations of the REF, Council will need to provide

the facility however it is expected that it can be provided in a more cost-effective manner through the

use of Council's preferred suppliers or those companies recommended by the designer from Sydney

University.

Council engaged a quantity surveyor in early 2014 to undertake a feasibility estimate for this project.

At that time it was estimated that the project would cost $3.6 million. Following discussions about this

project at that time with Mark Speakman MP, the State Government offered Council grant funding of

$1.8 million to match the Section 94 funding that Council had allocated to this project.

Due to the protracted negotiations relating to the matter of remediation of the RMS reclamations, it has

taken two and a half years to reach the point where tenders are able to be advertised. As such, prices

have risen, the building market has changed and the project has become more costly. As a result,

Council will need to reallocate some additional Section 94 funding to the project. Council will also be

seeking additional funding from RMS and alternative sources of funding for the sand island.

Subject to discussions with the successful tenderer and ensuring that it is safe to do so, it is proposed

to use “Clean Up Australia Day” in 2017 to clean up the entire foreshore area of Stage 6 of the WBSP.

An important historical consideration to this project has been the identified need for Council to acquire

1A Atkinson Road for Public Recreation.

1A Atkinson Road was first identified for Public Recreation zoning and subsequent acquisition in

SSLEP 2006. Prior to this it was zoned for industrial purposes.

For several years, Council staff were involved in various negotiations with the owners of 1A Atkinson

Road to acquire the property. It became apparent that due to fundamental considerations of value and

remediation that the negotiations would not be concluded.

Council was also concerned that the acquisition would force the closure of a viable local

manufacturing business.


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As a consequence, Council resolved in BDS010A-14 on 16 December 2013:

1. That the report "Woolooware Bay Cycleway - Request to confirm position of cycleway and

rezoning of Part 1A Atkinson Road, Taren Point" be received and noted.

2. That the update on the circumstances of the business at 1A Atkinson Road be noted and that

continued effort be made to minimise disruption to the business associated with the Stage 6

Cycleway.

3. That a further report be submitted to Council from the Manager Environmental Planning to

consider rezoning lands not required for the cycleway to an appropriate employment zone.

The current design, now the subject of a tender report, requires no part of the land owned by 1A

Atkinson Road and therefore no impediment exists to the rezoning of 1A Atkinson Road to a different

appropriate zone.

For this reason, as detailed in the Budget and Resources section of this report, there is no reason to

retain funds in the acquisition schedule of the section 94 for this property and the funds are better

placed to deliver the infrastructure project.

BUDGET AND RESOURCES This is one of Council's major capital projects. It will involve the allocation of significant funding.

The project is partially funded from RMS grants totalling $1.8 million which are required to be acquitted

before 30 June 2017. The report recommends representations to the Minister to extend this acquittal

deadline.

Since the project was initially scoped and budgeted, the cost of the estimated works have increased.

The original $3.8 million budget is now inadequate to complete the works.

The adopted section 94 plan has now removed the requirement for acquisition of 1A Atkinson Road,

Taren Point and has now redirected the funds held for acquisition for this site to the infrastructure

works instead. A maximum sum of $2.5 million could be used to supplement the current funding and

resolve the complexity of a crossing at the canal adjacent to the St George and Sutherland Shire

Anglers Club.

POLICY Although the project outlined in this report does not relate to a specific policy, the completion of the

project will achieve a number of strategic outcomes:

1. Encourage transport modal shift by safe cycling route.

2. Promote active lifestyle in a natural setting.

3. Promote visitation to the Shire for walking and cycling along the Woolooware Bay frontage and

beyond.

4. Protect natural environment.


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CONCLUSION It is important that Council completes this final section of the Woolooware Bay Shared Pathway due to

the reasons outlined in this report. Unfortunately it has taken much longer than expected to reach this

point and as such, costs have increased. The proposal has been designed to minimise impact on

adjoining land owners/lease holders as well as the environment. At the same time it will open up the

foreshore to the community again and provide a safe and scenic active transport link for the

Sutherland Shire community.

RESPONSIBLE OFFICER The officer responsible for the preparation of this Report is the Group Manager Asset Management,

Phillip Mansfield, who can be contacted on 9710 0104.


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INF009-17 PROPOSAL TO RENAME GREEN HILLS PARKLANDS TO MARANG PARKLANDS


EXECUTIVE SUMMARY

• Council has received a request from the La Perouse Local Aboriginal Land Council to rename

the Green Hills Parklands to Marang Parklands.

• Marang is a Dharawal language word meaning 'sandhill'.

• The name change is considered appropriate and in accordance with Council's Naming of Public

Open Space Determination and Aboriginal Heritage Signage Policy.

• This report enables Council to consider the proposal and provide approval to proceed with

public consultation prior to submitting a recommendation to the Geographical Names Board.


THAT:

1. The Marang Parklands be endorsed in principle as the new name for Green Hills Parklands.

2. The Park & Reserve Assets Unit undertake community consultation on the proposed renaming

of the reserve to Marang Parklands.

3. A report on the results of consultation be submitted to Council prior to a formal submission to

the Geographical Names Board.


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PURPOSE To advise Council of a request from the La Perouse Local Aboriginal Council to rename Green Hills

Parklands to the Dharawal Aboriginal name Marang Parklands. To recommend that Council endorse

the new name in principle and that community consultation be undertaken in accordance with

Council's naming Public Open Space Determination prior to a formal submission to the Geographic

Names Board. To consider the extent of the proposed Marang Parklands and include additional land

parcels transferred to Council since the 2011 naming of Green Hills Parklands.

BACKGROUND Council at its meeting on 1 November 2010 (Report CCL009-11) resolved to create a new place name

over the open space and playing fields component of the planned Breen and Australand development

between Cronulla High School/ Bate Bay Road and Lindum Road. Following a submission to the

Geographic Names Board the place name Green Hills Parklands was assigned on 3 June 2011 to a

reserve approximately 91 hectares resulting from the Voluntary Planning Agreement, comprising Lots

1122 and 1123 DP794114, Lots 1055 to 1059 DP1140838, Lot 1 DP1101922, Lot 111 DP777967,

located off Captain Cook Drive in the suburb of Kurnell (refer Appendix A).

The La Perouse Local Aboriginal Land Council with the help of the NSW Government, has built a

resource of words and phrases in the Dharawal language. The use of Dharawal language for

placenames in Sutherland Shire was discussed during recent meetings between Council staff and the

Land Council. A request suggesting Marang, meaning sandhill, would be a suitable name for the new

parklands at Kurnell was received from the Land Council in November 2016. The proposed name was

provided by the La Perouse Local Aboriginal Land Council CEO, Chris Ingrey, following consultation

with the Dharawal Language Program. This word had been recorded by R.H Mathews in the 1890’s

and is used and endorsed by the Dharawal Language Program.

DISCUSSION In recent times there has been an increased awareness of the Dharawal Aboriginal language and a

greater sense of respect and acknowledgement of the Dharawal people in the Sutherland Shire. The

installation of the Sutherland Shire suburb signs and the adoption of the Aboriginal Heritage Signage

Policy are evidence of this change. Amendments to the Naming of Public Open Space Determination

to include "Priority is given to the use of indigenous place names for public open space where cultural

heritage is identified" also demonstrates acknowledgement of the Dharawal people and support the

renaming proposal.

The Geographic Names Board Guidelines for the determination of placenames states that priority is

given to names with Aboriginal origin.


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CONSULTATION Should Council endorse the proposal, consultation with the SSC Aboriginal Advisory Committee and

the broader community will take place prior to reporting back to Council and submitting an application

to the Geographical Names Board for the name change.

The naming proposal does not impact on any existing residential areas.

BUDGET AND RESOURCES The subject matter of this report is the responsibility of the Park and Reserve Assets Unit. Installation

of signage or any other costs associated with the name change will be undertaken utilising existing

resources.

POLICY Naming of Public Open Space Determination The determination outlines the procedure and principles for naming public open space in the

Sutherland Shire. The determination also states "Priority is given to the use of indigenous place

names for public open space where cultural heritage is identified".

Aboriginal Heritage Signage Policy Through the use of signage the purpose of this policy is to:

• recognise and affirm Aboriginal people as the first inhabitants of the Sutherland Shire

• promote awareness of Aboriginal heritage in the Sutherland Shire

• promote the Dharawal language; and

• identify opportunities to promote education and increase protection of Aboriginal sites.

The proposal to use the Dharawal name Marang is considered consistent with this policy.

CONCLUSION The renaming of Green Hills Parklands to the Dharawal language Marang Parklands is an opportunity

for Council and the community to recognise and acknowledge the Dharawal language as the first

language in the Sutherland Shire. The naming is in accordance with Council's policies and

determinations and should be supported. Green Hills Ridge is a separately registered geographic

feature (described as a ridge of sandhills backing Cronulla Beach about 4 km SW of Kurnell) on the

Geographical Names Board register and will not change.

RESPONSIBLE OFFICER The officer responsible for the preparation of this Report is the Natural Area Manager, Brendon

Graham, who can be contacted on 9710 0405.


This map has been produced with the most current data

available to Council as supplied by various sources.

INFORMATION IN THIS MAP IS SUBJECT TOCOPYRIGHT.

Council is not responsible for any inaccuracies in the data

provided. Contact Council’s Land Information Unit (ph. 9710

0116) for more information.

Proposed Marang Parklands

200

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CONFIDENTIAL REPORTS FROM OFFICERS

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

considered in the Closed Session:

INF004A-17 TENDER FOR PUBLIC AMENITIES CLEANING AND HYGIENE SERVICES Section 10A(2)(d)(i) Commercial Information of a Confidential Nature: This matter is being considered in Closed session as it relates to commercial information the

disclosure of which would be likely to prejudice the commercial position of the person, company or

tenderer who supplied it. On balance, the public interest in preserving the confidentiality of information

provided by persons, companies or tenderers outweighs the public interest in maintaining openness

and transparency in council decision-making because the disclosure of this information could reveal

information that is commercial in confidence and the release of which could damage the commercial

position of the person, company or tenderer who supplied it.

INF005A-17 TENDER FOR BUSHLAND REGENERATION & WEED CONTROL Section 10A(2)(d)(i) Commercial Information of a Confidential Nature: This matter is being considered in Closed session as it relates to commercial information the







INF006A-17 T649/16 COMO POOL PATH STAGE 2 - DETAIL DESIGN AND CONSTRUCTION Section 10A(2)(d)(i) Commercial Information of a Confidential Nature: This matter is being considered in Closed session as it relates to commercial information the








INF007A-17 T650/16 JOSEPH BANKS NATIVE PLANTS RESERVE STAGES 2 & 3 - PICNIC AREA AND POND

Section 10A(2)(d)(i) Commercial Information of a Confidential Nature: This matter is being considered in Closed session as it relates to commercial information the







INF008A-17 T667/16 DESIGN AND CONSTRUCTION OF THE WOOLOOWARE BAY SHARED PATHWAY, STAGE 6








INF009A-17 T669/16 SYLVANIA SHOPPING CENTRE UPGRADE Section 10A(2)(d)(i) Commercial Information of a Confidential Nature: This matter is being considered in Closed session as it relates to commercial information the








INF010A-17 T670/16 DESIGN AND INSTALL A WATER FILTRATION SYSTEM FOR THE RIDGE GOLF COURSE








Shire Infrastructure Committee Meeting · 2016. 12. 5. · 1. Governance Manager Original Version...

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Transcript of Shire Infrastructure Committee Meeting · 2016. 12. 5. · 1. Governance Manager Original Version...